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HomeMy WebLinkAboutC-7075-1 - PSA For Preparation of Initial Study/Mitigated Declaration For The Harbor Pointe Senior Living ProjectAMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS DBA BONTERRA PSOMAS FOR PREPARATION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE HARBOR POINTE SENIOR LIVING PROJECT THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. THREE") is made and entered into as of this 31st day of March, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"). and PSOMAS DBA BONTERRA PSOMAS, a California corporation ("Consultant'), whose address is 3 Hutton Centre Drive, Suite 200, Santa Ana, California 92707, and is made with reference to the following: RECITALS A. On March 30, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement') for preparation of Initial Study/Mitigated Negative Declaration (IS/MND) for the Harbor Pointe Senior Living Project in accordance with the California Environmental Quality Act ("CEQA") ("Project'). B. On May 25, 2016, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect modifications to the Schedule of Billing Rates to the Agreement. C. On September 27, 2016, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two') to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to March 31, 2018, and to increase the total compensation. D. The parties desire to enter into this Amendment No. Three to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to March 31, 2019, to increase the total compensation, and to update the indemnification provisions. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: 'The term of this Agreement shall commence on the Effective Date, and shall terminate on March 31, 2019, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. Two, and Exhibit A to this Amendment No. Three shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B-1 to Amendment No. One, and Exhibit B to this Amendment No. Three shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Thirty Thousand Five Hundred Thirty Dollars and 00/100 ($230,530.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty Two Thousand Eight Hundred Ninety Dollars and 00/100 ($32,890.00). 4. HOLD HARMLESS Section 9.1 of the Agreement is amended in its entirety and replaced with the following: "9.1. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or Psomas dba Bonterra Psomas Page 2 omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Psomas dba Bonterra Psomas Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I L/ t[ / / �- IOAF 'l hel Aaron C. Harp City Attorney ATTEST: J r I� Date: !�I® I CITY OF NEWPORT BEACH, a California municipal corporation Date: By: aM , I wlrr Duffy 45uffield Mayor CONSULTANT: Psomas dba Bonterra Psomas, a C lifornia corporation Date: By: Katlileen Brady, ACP Vice President, Environmental Planning Date:,, 4 //`.yam/lel J6an Patronite Kelly / Senior Vice President/P [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Psomas dba Bonterra Psomas Page 4 EXHIBIT A SCOPE OF SERVICES Psomas dba Bonterra Psomas Page A-1 Harbor Pointe Senior.4ssisled Living and :Nemory Care Project SCOPE OF WORK HARBOR POINT SENIOR ASSISTED LIVING AND MEMORY CARE PROJECT ENVIRONMENTAL IMPACT REPORT November 30, 2017 PROJECT UNDERSTANDING The proposed Harbor Pointe Senior Assisted Living and Memory Care Project (hereinafter referred to as the "Harbor Pointe Project' or the "Project') proposes development of a 120 -bed Senior Assisted Living and Memory Care facility, ancillary uses, and subsurface parking on an approximate 1.5 -acre site. The Project site is located at 101 Bayview Place in Newport Beach, at the northeast corner of the site. The site is bordered by Bristol Street on the northeast and Bayview Place on the southeast. To the northwest and southwest, the site abuts single- and multi -family residential developments. As part of the proposed development, the existing single -story, approximate 8,800 -square -foot restaurant and its associated surface parking lot would be demolished to accommodate the development of a 3 -story, 109,179 -gross -square -foot, 120 -bed Senior Assisted Living and Memory Care facility with 1 level of subterranean parking, which will include a total of 53 parking stalls. The proposed facility will include amenities such as a salon and spa, a fitness room, a movie theater, a community store, living rooms, dining rooms, a bistro, a library, activity rooms, a computer lab, an outdoor courtyard, and an outdoor deck looking down onto the interior courtyard. The site is currently designated CO -G (General Commercial Office) and is part of the existing Bayview Planned Community Development Plan (PC -32). In order to accommodate development of the proposed Project, the following discretionary actions would be required: (1) A General Plan Amendment (GPA) to change the land use designation from the existing CO -G (General Commercial Office) to PI (Private Institutions); (2) a Planned Community Development Plan Amendment to amend the existing Bayview Planned Community Development Plan (PC -32) to allow for Senior Residential and Private Institution uses; (3) a Major Site Development Review to allow the construction of over 109,179 square feet of assisted living gross floor area; and (4) a Conditional Use Permit to allow the establishment of a I20 -bed senior assisted living and memory care community. SUPPLEMENTAL SCOPE OF WORK FOR THE ENVIRONMENTAL IMPACT REPORT TASK 2 DRAFT ENVIRONMENTAL IMPACT REPORT' The City of Newport Beach made a determination that a full -scope EIR, inclusive of all environmental topics, will be the appropriate CEQA document for the proposed Project. Therefore, preparation of a Notice of Preparation (NOP) would suffice and an Initial Study would not be required. BonTerra Psomas prepared and published a Notice of Preparation (NOP) for a 30 -day public review period. BonTerra Psomas additionally, with assistance from the City, conducted a Scoping Meeting during the 30 -day public review of the NOP. This task has been fulfilled, and no additional work is necessary. 1 The task number follows the original scope of work for the EIR R1Prgec1sWE W ME W00310015oW ASOW Marcor Pointe EIR-11301]. Jocx Scope of Work Harbor Pointe Senior Assisted Living and .Llemory Care Project Task 2.1 Administrative Draft Environmental Impact Report As stated in the previous SOW, BonTerra Psomas will prepare the Administrative Draft EIR in accordance with CEQA (Public Resources Code. Sections 21000, et seq.), the State CEQA Guidelines (California Code of Regulations [CCR], Title 14, Section 15000 et seq.), and pertinent case law. The analysis will be based upon the NOP comments received; community and agency input received at the Scoping Meeting; technical evaluation of the proposed Project; and available and pertinent data. In light of the modified Project Description, the following presents only the supplemental work effort for the preparation of the Administrative Draft EIR: Project Description. While the components of the Project Description would remain as identified in the previous EIR SOW, the modified Project Description would necessitate additional effort not previously anticipated. The revisions to the Project Description will ripple through the EIR document. Although a revised Project Description has been provided, given the level of detail required for an EIR, BonTerra Psomas would provide additional discussion and detail using the Site Plans and other information provided to the City by the Applicant. Some of the details include, but are not limited to, information on building setbacks; grading quantities; landscape and lighting concepts; construction durations; on- and off-site improvements. Environmental Analysis. As stated above, the revisions to the Project Description will affect the discussion of the Project and its components throughout the EIR, as appropriate. Below is a brief discussion of the environmental topics that would be affected: Aesthetics. As the proposed facility has been re -designed to reduce the height and density, the visual simulations and shade and shadow studies would need to be re -done in order to correctly reflect the proposed modified structure and its visual and shade and shadow impacts. A revised set of Visual Simulations have been provided to BonTerra Psomas, which will be incorporated into the Aesthetics section and analyzed. The previous shade and shadow study, which was prepared by BonTerra Psomas would also need to be re -done for the analysis of potential impacts. Therefore, the Aesthetics section for the EIR would be re -written to reflect the modified facility and the updated Visual Simulation and Shade and Shadow studies. The following is a brief SOW for preparation of the Shade and Shadow for the modified Project: o BonTerra Psomas will create a three-dimensional model of the proposed structures and surrounding topography, which will be subsequently used to perform one Shade and Shadow analysis for the spring/fall equinoxes, and two analyses for the summer/winter solstices. Three points in time on each day will be analyzed (e.g., morning, noon and dusk) resulting in a total of nine shade/shadow models. Upon completion of the analysis, Psomas will prepare maps and exhibits, including one top-down view of the proposed shade and shadows for each of the nine models (resulting in nine maps). • Air Quality. It has been determined that the existing emissions need to be recalculated as the CaIEEMod has been revised and updated since preparation of the previous SOW. The modeling would need to be rerun, and the analysis modified to reflect the updated model runs. Please note, the modified Air Quality analysis will be prepared by the same technical expert who prepared the previous work for the IS/MND as a Psomas employee and has been retired since then. • Greenhouse Gas Emissions (GHG). It has also been determined that the existing and future operations and Project construction GHG pollutant emissions will be recalculated using the CalEEMod 2016 model as described for the air quality analysis. The analysis will be modified to reflect the update model runs. Please note, the modified GHG analysis will be prepared by the R\Projo NWEW MEW0 3MSOWsI OW Hamor Pone EIR-113017 docx Scope oJ'Work Harbor Pointe Senior Assisted Living and Memory Care Proieet same technical expert who prepared the previous work for the IS/MND as a Psomas employee and has been retired since then. • Hazards and Hazardous Materials. The Part 77 consultation request with FAA was not anticipated to be redone, as the reduced height of the proposed facility is not expected to result in a conflict and hence impacts. However, the No Conflict Determination by the Airport Land Use Commission (ALUC) will expire on December 8, 2017. In light of this, a new Part 77 consultation request will need to be prepared and submitted. • Hydrology and Water Quality. The City is confirming with the Project civil engineer the validity of the previous Water Quality Management Plan (WQMP). If necessary, the WQMP will be updated to reflect the modified Project. In light of the potential revisions in the WQMP, BonTerra Psomas will adjust the analysis, as appropriate. • Land Use and Planning. In light of the modified Project, the policy analysis in this section will be updated to reflect the revised description. • Noise. Existing noise conditions are assumed to be the same as described in the previous SOW. Psomas will take new noise measurements, if updated measurements are deemed necessary. The noise analysis will be updated in light of the modified Project Description, as appropriate. Please note, the modified Noise analysis will be prepared by the same technical expert who prepared the previous work for the IS/MND as a Psomas employee and has been retired since then. • Transportation/Traffic. As construction traffic was determined to be an important issue for the community, per the City's request and the Applicant's concurrence, LLG will conduct a construction traffic analysis and also update the Project Description in the report. The following is the proposed SOW from LLG: o Prepare an estimate of Project Alternative -related vehicle trips based on the appropriate Institute of Transportation Engineers (ITE) Trip Generation rates. o Collect daily roadway segment traffic count data for one segment of Bayview Place adjacent to the Project and one segment of eastbound Bristol Street adjacent to the cross - street for construction impact analysis. o Coordinate with the Project team regarding the number of employees and other transportation related activities (e.g., materials deliveries, equipment deliveries, etc.) anticipated during the construction phase of the proposed Project. o Determine likely trip distribution of construction related traffic, and assign trips. o Evaluate the potential for Project related traffic impacts, based on the estimated construction traffic, in the context of the City of Newport Beach. o Summarize the results of the trip generation and construction assessments in a letter report. Cumulative Impacts. In preparation of the cumulative analysis in the EIR, BonTerra Psomas will work with the City staff to determine if the list of cumulative projects in the area has been modified since the previous SOW, and if so, will update the list. R\PrgecISWEW\3NEWW31W%SOWMS0W Haroor Poinle EIR.11301 T,dax Scope of Work EXHIBIT B SCHEDULE OF BILLING RATES Psomas dba Bonterra Psomas Page B-1 Harbor Pointe Senior Assisted Living and Ifemory Care Proieci FEE ESTIMATE HARBOR POINT SENIOR ASSISTED LIVING AND MEMORY CARE PROJECT ENVIRONMENTAL IMPACT REPORT November 30, 2017 Task Descrintion Fee BonTerra Psomas Professional Fees Task I Environmental Impact Report 1.1 Administrative Draft EIR $23,590.00 Subtotal BonTerra Psomas Professional Fees $23,590.00 ESTIMATED DIRECT EXPENSES Traffic Analysis (Urban Crossroads) $4,800.00 Air Quality/Greenhouse Gas Emissions/Noise $4,500.00 Subtotal Direct Expenses $9,300.00 TOTAL FEE ESTIMATE TASKS 1-4 $32,890.00 R tProfectsWE0W3NEW0031WS0WAS0W Harbor Pomta EIR-11301 ] doca Fee E.nimaie CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach * Date Received: 12/15/t7 Dept./Contact Received From. Date Completed: 3/6/18 Sent to: Terresa Company/Person required to have certificate: Type of contract: I enesa By: Jan All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/17 - 4/1/18 A. INSURANCE COMPANY: National Union Fire Ins Co B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes ® No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/17 - 4/1/18 A. INSURANCE COMPANY: National Union Fire Ins Co B. AM BEST RATING (A-: VII or greater) A / XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/1/17 - 4/1/18 A. INSURANCE COMPANY: National Union Fire Ins Co B. AM BEST RATING (A-: VII or greater): A / XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ® Yes [:]No ® Yes ❑ No $1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY EFF: 10/15/17-10/15/18 XL SPECIALTY INSURANCE CO. Rating A / Admitted Limits: $1 M/$2M ❑ N/A ® Yes ❑ No V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent ofAlliant Insurance Services Broker of record for the City of Newport Beach Date 3/6/18 ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS DBA BONTERRA PSOMAS FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE HARBOR POINTE SENIOR LIVING PROJECT THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 27th day of September, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PSOMAS DBA BONTERRA PSOMAS, a California corporation ("Consultant"), whose address is 3 Hutton Centre Drive, Ste. 200, Santa Ana, California 92707, and is made with reference to the following: RECITALS A. On March 30, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") for Initial Study/Mitigated Negative Declaration (IS/MND) for the Harbor Pointe Senior Living Project in accordance with the California Environmental Quality Act ("CEQX) ("Project"). B. On May 25, 2016, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect modifications to the Schedule of Billing Rates to the Agreement. C. The parties desire to enter into this Amendment No. Two to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to March 31, 2018 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: 'The term of this Agreement shall commence on the Effective Date, and shall terminate on March 31, 2018, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services' or "Work"). Exhibit A to the Agreement, Exhibit A to this Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Ninety Seven Thousand Six Hundred Forty Dollars and 00/100 ($197,640.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Twelve Thousand One Hundred Ten Dollars and 00/100 ($112,110.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Psomas DBA BonTerra Psomas Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'p OFFICE Date: 9/I!�-/G [1 Aaron C. Har City Attorney ATTEST: Date: By: d&� Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, Date:California muni '.alc r or on C, B q 5)Diane B. Dixon Mayor CONSULTANT: Psomas DBA BonTerra Psomas, a California corporation Date: 10141116 By: Kathl en Brady, AICP Vice President, Environment Planning Date: IC President/Principal [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Psomas DBA BonTerra Psomas Page 3 EXHIBIT Q SCOPE OF OFRVCE0 Psomas DBA BonTerra Psomas Page A-1 Harbor Pointe Senior ATTACHMENT A SCOPE OF WORK HARBOR POINT SENIOR LIVING PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION August 25, 2016 PROJECT UNDERSTANDING The proposed Harbor Pointe Senior Living Project (hereinafter referred to as the "Harbor Pointe Project' or the "Project') proposes development of a 144 -bed convalescent facility and congregate care home on an approximate 1.5 -acre site. The Project site is located at 101 Bayview Place in Newport Beach, at the northeast corner of the site. The site is bordered by Bristol Street on the northeast and Bayview Place on the southeast. To the northwest and southwest, the site abuts single- and multi -family residential developments. As part of the proposed development, the existing single -story, approximate 8,800 -square -foot restaurant and its associated surface parking lot would be demolished to accommodate the development of a 5 -story, 109,633 -square -foot, 144 -bed convalescent and congregate care facility with 1 level of subterranean parking, which will include a total of 78 parking stalls. The proposed facility will include amenities such as a fitness room, a spa/salon, an outdoor Memory Care garden, a water feature, and seating areas. The proposed massing of the facility corresponds to adjacent uses (i.e., commercial along Bristol Street and residential to the southwest of the Project site) to create compatibility with the adjacent uses. The site is currently designated CO -G (General Commercial Office) and is part of the existing Bayview Planned Community Development Plan (PC -32). In order to accommodate development of the proposed Project, the following discretionary actions would be required: (1) A General Plan Amendment (GPA) to change the land use designation from the existing CO -G (General Commercial Office) to PI (Private Institutions); (2) a Planned Community Development Plan Amendment to amend the existing Bayview Planned Community Development Plan (PC -32) to increase the height and floor area and to change the land use limitations; (3) a Major Site Development Review to allow the construction of over 20,000 square feet of nonresidential gross floor area; and (4) a Conditional Use Permit to allow the establishment of a 144 -bed combined convalescent facility with congregate care housing. SCOPE OF ENVIRONMENTAL IMPACT REPORT Preparation of the EIR will include the following tasks: Task 1 Notice of Preparation (NOP) and Scoping Meeting Task 2 Environmental Impact Report Task 2.1 Administrative Draft Environmental Impact Report Task 2.2 Screencheck Draft Environmental Impact Report Task 2.3 Draft Environmental Impact Report and Distribution for Public Review Task 2.4 Final Environmental Impact Report and Responses to Comments Task 2.5 Findings of Fact and Statement of Overriding Considerations Task 3 Mitigation Monitoring and Reporting Program Task 4 Notice of Determination Task 5 Project Management, Project Meetings, and Public Hearings RWmjeclsXNEW13NEW003100130Ws%0W Harbor Poink EIR-082516,d= A-1 Scope of Work Harbor Pointe Senior Living Project TASK 1 NOTICE OF PREPARATION AND SCOPING MEETING The City of Newport Beach has made a determination that a fall -scope EIR, inclusive of all environmental topics, will be the appropriate CEQA document for the proposed Project. Therefore, preparation of a Notice of Preparation (NOP) would suffice and an Initial Study would not be required. BonTerra Psomas will prepare of a Notice of Preparation (NOP), pursuant to Section 15082 of CEQA Guidelines, to notify the State Clearinghouse, responsible and trustee agencies, and the public that an EIR will be prepared for the proposed Project. BonTerra Psomas will prepare a Draft NOP for review by the City. The NOP will provide an overview of the Project; expected approvals required for Project implementation; and pertinent graphics. The NOP will also serve as a Scoping Meeting Notice. Upon receipt of comments from the City, BonTerra Psomas will revise the NOP and prepare a final copy prior to public review. BonTerra Psomas will be responsible for coordinating the reproduction and mailing of the NOP based on a distribution list provided by the City and address labels of the surrounding property owners provided by the Applicant. BonTerra Psomas will file the NOP with the State Clearinghouse and other responsible and trustee agencies. The NOP will be distributed via overnight delivery or certified with signed receipt as a proof of delivery, in compliance with the State CEQA Guidelines. Since no Initial Study is being prepared, the full NOP will be to property owners within 300 -foot radius of the Project site rather than preparing a separate notice of availability (NOA). The copies of the NOP to the surrounding property owners will be sent via U.S. mail. Based on discussions with the City, it is assumed that the City will publish a NOA of the NOP in the local paper. BonTerra Psomas will prepare for and attend one EIR Scoping Meeting that will be held during the 30 - day public review of the NOP. Is it assumed that the City will coordinate and organize the Scoping Meering at the City Hall. BonTerra Psomas will attend and participate in the meeting, as appropriate. If requested by the City, BonTerra Psomas will describe the process to be followed in preparing the EIR for the proposed Project. Comments and issues to be addressed in the EIR will be requested from all meeting attendees. This Scope of Work assumes that BonTerra Psomas will prepare brief Scoping Meeting materials (e.g., handouts, sign in sheets, comment cards). However, any display boards will be provided by the Applicant. If requested by the City, BonTerra Psomas can prepare display boards and a PowerPoint presentation for the Scoping Meeting on a time and materials basis. BonTerra Psomas will prepare a summary of the meeting for inclusion in the EIR and will ensure that the issues raised at the meeting are addressed in the Draft EIR document, as appropriate. However, a standalone scoping report or transcript of the meeting is not assumed to be required. This Scope of Work assumes that visual displays will be provided by the Project Applicant, as necessary. Task I Deliverables Electronic copies of Draft and Final NOP (2 submittals) • Distribution of up to 45 copies of the NOP via overnight mail or certified mail Distribution of NOP to surrounding residents (300 -foot radius) via U.S. mail. Scoping Meeting Materials (i.e., handouts, sign in sheets, comments cards) R1Projact %EVA3NEW0031001SOWs\SOW Har ar PoinM EIM82516.d= A-2 Scope of Work Harbor Pointe Senior Living Project TASK 2 DRAFT ENVIRONMENTAL IMPACT REPORT Task 2.1 Administrative Draft Environmental Impact Report BonTerra Psomas will prepare the Administrative Draft EIR in accordance with CEQA (Public Resources Code, Sections 21000, et seq.), the State CEQA Guidelines (California Code ofRegulations [CCR], Title 14, Section 15000 et seq.), and pertinent case law. The analysis will be based upon the NOP comments received; community and agency input received at the Scoping Meeting; technical evaluation of the proposed Project; and available and pertinent data. The analysis assumes that the Project will comply with all applicable federal and State laws and regulations and the City of Newport Beach Municipal Code. The EIR text will be supplemented by exhibits and graphics to enhance and support the analysis and findings. Upon completion of the Administrative Draft EIR, it will be submitted electronically to the City for review and comment. BonTerra Psomas' approach to preparing key sections of the EIR is provided below. This Scope of Work assumes two rounds of review (i.e., Administrative and Screencheck Draft EIRs). Executive Summary. BonTerra Psomas will prepare the executive summary section upon completion of all other EIR sections in order to present the final and updated information. This section will summarize the Project Description, impacts, and mitigation measures. The summary will also discuss the location, areas of controversy and issues to be resolved, and Project alternatives. Introduction. BonTerra Psomas will prepare the introduction section, which will include a description of the purpose of the EIR, public scoping and circulation, and required contents of the EIR. Project Description. BonTerra Psomas will work closely with the City and Project Team members to prepare an in-depth description that articulates the characteristics and overall objectives of the Project. The Project Description will include but not be limited to the Project History; Intended uses of the EIR/Project approvals; EIR focus and effects found not to be significant; Project location; Project characteristics; and Project goals and objectives. Environmental Analysis. Each topical EIR section will contain a discussion of the existing conditions on the site and in the Project vicinity; a summary of the regulatory framework; identification of significant environmental effects anticipated for each environmental issue; and mitigation measures, if required. Thresholds of significance will be stated in each technical section to enable the reader to understand the analytical process used to identify potential Project impacts and, unless otherwise directed by the City, will be taken from the State CEQA Guidelines. For each topical issue, the EIR will identify the level of significance prior to and after mitigation, based on the established thresholds. Establishing a nexus among the Project -specific and cumulative impacts and the suggested mitigation measure(s) is critical. BonTerra Psomas will differentiate among features of the Project (Project Design Features [PDFs]) that serve to partially or completely mitigate potential impacts; City of Newport Beach standard conditions of approval, as applicable; and "conventional" EIR mitigation measures. Project effects that cannot be mitigated to a level considered less than significant will be identified. Alternatives. BonTerra Psomas will provide an assessment of alternatives to the proposed Project. These alternatives will be based on the requirements of CEQA as well as discussions with City staff members and the Project Team. This Scope of Work assumes that up to two development alternatives and a No Project Alternative will be addressed. It is assumed that one of the development alternatives will be the development of the site consistent with the General Plan (i.e., up to 70,000 square feet of General Commercial Office). The second development alternative will be designed to reduce or eliminate, where possible, the impacts identified for the proposed Project. The alternatives will be discussed and further developed through collaboration with the Project Team; however, it is assumed it will be a modification of the design rather than an alternative use. Each alternative will be qualitatively assessed in comparison R:\Projects\NEMNEW003100lSOWs\SOW NaAor Pointe EIR-082546.dom A-3 Scope of Work Harbor Pointe Senior to the proposed Project; quantitative analysis will be provided if necessary to adequately compare the impacts of the alternatives and the Project. Cumulative Impacts. In addition to the analysis of potential short-term and long-term Project -specific impacts and the analysis of direct and indirect impacts, BonTerra Psomas will conduct a cumulative impact analysis based on the provisions of Section 15130(b)(1) of the State CEQA Guidelines. BonTerra Psomas will work closely with City staff and Project Team members to ensure that appropriate Projects are evaluated. However, to ensure a comprehensive analysis, the regional growth projections, which reflects the adopted General Plan will be utilized. The cumulative assumptions will be identified for each topical issue. Required California Environmental Quality Act Topics. The following CEQA-required sections will be prepared as a part of the EIR: long-term impacts; significant irreversible environmental changes; significant unavoidable adverse impacts; growth -inducing impacts; energy impacts (pursuant to Appendix F of the State CEQA Guidelines); references; and preparers and contributors, agencies, and persons consulted. The Administrative Draft EIR will be submitted electronically to the City for review and comment. BonTerra Psomas will review the comments received from the City on the Administrative Draft EIR and make the necessary revisions to the document. BonTerra Psomas will also be responsible for identifying conflicting comments/direction and ensuring that these issues are resolved. BonTerra Psomas will revise the document and submit a Screencheck Draft to the City for approval prior to public distribution. Task 2.1 Deliverables Electronic copy of the Administrative Draft EIR Task 2.2 Screencheck Draft Environmental Impact Report BonTerra Psomas will review the comments received from the City on the Administrative Draft EIR and make the necessary revisions to the document. BonTerra Psomas will also be responsible for identifying conflicting comments/direction and ensuring that these issues are resolved. BonTerra Psomas will revise the document and submit a Screencheck Draft to the City for approval prior to public distribution. Task 2.2 Deliverables Electronic copy of the Screencheck Draft EIR Task 2.3 Draft Environmental Imuact Report and Distribution for Public Review Upon receipt of comments on the Screencheck Draft EIR, BonTerra Psomas will incorporate additional revisions, as necessary and prepare the Draft EIR. BonTerra Psomas will be responsible for producing and distributing the Draft EIR for a 45 -day public review period, based a distribution list provided by the City, which will include all agencies, interested parties, and members of the public. BonTerra Psomas anticipates 50 CD copies will be distributed, including 15 for the State Clearinghouse. BonTera Psomas will also prepare a Notice of Completion (NOC) that would be submitted to the State Clearinghouse (SCH) with 15 CDs of the Draft EIR and 15 copies of the SCH electronic submittal form. In addition, BonTerra Psomas will prepare a Notice of Availability (NOA) and mail out copies to property owners within the 300 -foot radius of the Project site. It assumed that the City will be responsible for publishing the NOA in the local newspaper. RWrojects\4EW3NEW0031001SOWMSOW Harbor Pointe EIR-082515.d= A-4 Scope of Work Harbor Pointe Senior Living Project Task 2.3 Deliverables • Electronic copy of the Draft EIR • Up to 30 CDs of the Draft EIR, including technical appendices, for distribution • Electronic copies of the NOC • Electronic copies ofNOA • Distribution of the NOA to property owners (300 -foot radius) • Submittal of the required 15 copies of the NOC and Draft EIR to the State Clearinghouse Task 2.4 Responses to Comments/ Final Environmental Impact Report Following the 45 -day public review period, BonTerm Psomas will review all comments provided to the City from the State Clearinghouse and other parties on the Draft EIR. Based on the comments received, BonTerra Psomas will organize the comments so the Responses to Comments (RTC) effort can be performed in a timely and cost-efficient manner. Following review of the comments received, BonTerra Psomas will coordinate with the City on the approach to preparing the responses. BonTerra Psomas will be responsible for assigning responsibilities to Project Team members for responding to comments; for ensuring that the responses are received; and for incorporating all input from the Project Team into the RTC document. BonTerra Psomas, with assistance from the technical team, will prepare written responses to comments that raise significant environmental issues. The revisions that result from the comments on the Draft EIR will be incorporated into the text of the Draft EIR (Errata). The new and modified text will be underlined, and the deleted text will be stricken -out. Electronic copies of the Draft RTC and the revisions to the Draft EIR will be provided to the City for review. This Scope of Work assumes that BonTerra Psomas will spend approximately 100 hours of professional staff time on this task. If it appears that additional effort will be necessary or if late comment letters are received that mise significant environmental issues, BonTerm Psomas will notify the City and a budget augment may be needed. Upon receipt of comments from the City, BonTerra Psomas will revise the Draft RTC document and prepare the Final EIR; will coordinate with the technical team regarding revisions that are needed; and will provide electronic copies of the Final EIR, including the Draft EIR, RTC, and Errata to the Draft EIR to the City for a final review. BonTerra Psomas will mail responses to public agency comments at least ten days before consideration of certification of the Final EIR, as required by CEQA. Task 2.4 Deliverables Electronic copies of Draft and Final Responses to Comments Electronic copy of Final EIR Task 2.5 Findines of Fact and Statement of Overridinz Considerations It is assumed the BonTerra Psomas will prepare the Findings of Fact and Statement of Overriding Considerations (Findings and SOC) for the Project pursuant to Sections 21081 and 21081.6 of the California Public Resources Code and Sections 15091 and 15093 of the State CEQA Guidelines. BonTerra Psomas will coordinate with the City and the Applicant for the identification of benefits of the Project to ensure the SOC reflects the full range of benefits. A draft copy of the Findings and SOC will be submitted to the City for review. Revisions will be made to respond to any comments by the City on the draft document. R:Projects\NEW\3NEW003100\SOW61SOW Harbor Pointe EIR-062515.d= A-5 Scope Of Harbor Pointe Senior Task 2.5 Deliverables Electronic copies of the Draft and Final Findings of Fact and Statement of Overriding Considerations. TASK 3 MITIGATION MONITORING AND REPORTING PROGRAM In compliance with Section 21081.6 of the California Public Resources Code, BonTerra Psomas will prepare a Mitigation Monitoring and Reporting Program (MMRP) as part of the Final EIR document and for adoption at the time of the Final EIR. The MMRP will be prepared in matrix format and will provide the timing and responsibility for each mitigation measure. A Draft MMRP will be electronically submitted for review by the City. Upon receipt of comments from the City, BonTerra Psomas will revise the MMRP to address the comments and submit a revised Final MMRP to the City. If the Planning Commission or City Council modifies the Project and/or recommends any additional standard conditions and mitigation measures for the proposed Project, BonTerra Psomas will revise the MMRP. However, substantial modifications are not assumed in the fees for this Project. Task 3 Deliverables Electronic copies of Draft and Final MMRP TASK 4 NOTICE OF DETERMINATION BonTerra Psomas will prepare the Notice of Determination (NOD) for the Project, which will be signed by the City upon certification of the EIR and action on the Project. BonTerra Psomas will file the NOD with the County Clerk and the State Clearinghouse. It is assumed that the Applicant will provide BonTerra Psomas with a check for payment of the California Department of Fish and Wildlife filing fees and County Clerk Recorder processing fee at the time the NOD is filed. Task 4 Deliverables Electronic copy of the NOD for signature One electronic copy of the NOD stamped as having been filed with the County Clerk TASK 5 PROJECT MANAGEMENT, PROJECT MEETINGS, AND PUBLIC HEARINGS Task 5.1 Proiect Manaeement BonTerra Psomas will be responsible for managing the CEQA process for the City. This includes ongoing coordination with the City and team members to ensure compliance with the Scope of Work and schedule and to ensure that information is disseminated, as necessary. This Scope of Work assumes an approximately 6.5 -month schedule for the EIR after a Notice to Proceed is issued. Task 5.2 Proiect Meetines This task includes attendance at up to three coordination meetings for the EIR with City staff and Project Team members, as necessary. This Scope of Work assumes that the Project Manager and Assistant Project Manager will attend all meetings (three hours each, which includes preparation and travel time). Additional meeting attendance will be billed on a time and materials basis, based on hourly rates and subject to prior approval. R-VrO V EWGNEW003100GSOWS\SOW Hat or Pointe EIR-082518.dm A-6 Scope of Work Harbor Pointe Senior Living Project Task 5.2 Deliverables Up to three meetings with the City staff members and the Project Team Task 5.3 Public Hearings BonTerra Psomas will attend up to two public hearings, including Planning Commission and City Council meetings. BonTerra Psomas will be available to make presentations and/or provide advice and input to the City and address questions regarding CEQA; the environmental review process; and the findings of the EIR analyses, as appropriate. The preparation of visual aids and handouts for the public hearings are not included in this Scope of Work. This task assumes public hearings will be attended by the Project Manager. Additional public hearing attendance will be billed on a time -and -materials basis, based on hourly rates and subject to prior approval. Task 5.3 Deliverables Attendance at two public hearings R1PrgwW\NEVWNEW003100\SOWSWW Harbor PolnW EIR-082516.dou A-% Scope Harbor Pointe Senior WORK SCHEDULE HARBOR POINT SENIOR LIVING PROJECT INITIAL STUDY/AUTIGATED NEGATIVE DECLARATION August 25, 2016 This Scope of Work assumes an approximately 6.5 -month schedule for the EIR after the Notice to Proceed is issued. BonTerm Psomas will work diligently and coordinate closely with the City and Project Team to ensure the EIR is prepared efficiently, on time, and within budget. All time -saving approaches, including use of the existing screencheck IS/MND, will be utilized to speed up the schedule. However, BonTerra Psomas will ensure that time -saving approaches will not jeopardize the quality of the document. The preparation of the NOP and support materials will be initiated upon attendance at the July 12, 2016 meeting with the City and Project Applicant. However, further work on EIR will be at the City's direction; therefore, the following schedule provides estimated durations for each work effort.. Task 1: Notice of Preparation Prepare NOP July 12 — July 15, 2016 City Review of the NOP (1st review) July 18 — July 19, 2016 Revise the NOP July 19, 2016 City Review of the NOP (2nd and final review) July 20-21, 2016 Prepare Final NOP for circulation July 21, 2016 NOP 30 -Day Public Review Period July 22 —August 22, 2016 Scoping Meeting August 15, 2016 Task 2: Environmental Impact Report Prepare Administrative Draft EIR Week 1-4 City Review of Administrative Draft EIR Week 5-6 Prepare Screencheck Draft EIR Week 7-8 City Review of Screencheck Draft EIR (2nd and final review) Week 9-10 Prepare Draft EIR for Reproduction and Distribution Week 11 Draft EIR 45 -day Public Review Period Week 12-19 Prepare RTC Week 20-22 City Review of the RTC Week 23-24 Prepare Findings of Fact and Statement of Overriding Week 23-24 Considerations Revise RTC and Prepare Final EIR Week 25-26 City Review of the Findings of Fact and Statement of Week 25-26 Overriding Considerations RPw0dSV,EVMNEW003100\S0W$WW Ha bw Pointe EIR482M.dou Work Schedule Pointe Senior City Review of the RTC and Final EIR (2ad and final review) Week 27 Finalize of the Findings of Fact and Statement of Overriding Week 27 Considerations Finalize and Distribute RTC Week 28 Task 3: Mitigation Monitoring and Reporting Program Prepare Draft MMRP Week 20-22 City Review of Draft MMRP Week 23-24 Finalize MMRP Week 25-26 Submit Final MMRP Week 26 Task 4: Notice of Determination Prepare Draft NOD Upon Final EIR Certification City Review of Draft NOD TBD Finalize and file NOD TBD Task 5: Project Management, Meetings, and Public Hearings Project Management Through Project Completion Project Meetings Three Meetings (TBD) Public Hearings (two Planning Commission and two City TBD Council) R1ProjectsW EVMNEW0031001SOWsrSOW Harbor Pointe EIR-082510.doa Work Schedule Harbor Pointe Senior Living Project FEE ESTIMATE HARBOR POINT SENIOR LIVING PROJECT INITIAL STUDY/NIITIGATED NEGATIVE DECLARATION August 25, 2016 Task Description Fee BonTerra Psomas Professional Fees Task 1 Notice of Preparation/Scoping Meeting $4,890.00' Task 2 Environmental Impact Report $500.00 Mileage 2.1 Administrative Draft EIR $31,680.00 $400.00 2.2 Screencheck Draft EIR $16,780.00 TOTAL FEE ESTIMATE TASKS 1-4 2.3 Draft EIR and Distribution for Public Review $7,460.00 NOP were accommodated within 2.4 Response to Comments and Final EIR $19,210.00 3.2 Findings of Facts and Statement of Overriding Considerations $6,220.00 Task 3 Mitigation Monitoring and Reporting Program $2,180.00 Task 4 Notice of Determination $510.00 Task 5 Project Management, Meetings, and Public Hearings 5.1 Project Management $8,360.00 5.2 Project Meetings $3,280.00 5.3 Public Hearings $7,240.00 Subtotal BonTerra Psomas Professional Fees $109,860.00 ESTIMATED DIRECT EXPENSES Traffic Analysis for the Alternatives (Urban Crossroads) $2,500.00 Reproduction $600.00 Mailing $500.00 Mileage $100.00 Miscellaneous $400.00 Subtotal Direct Expenses $4,100.00 TOTAL FEE ESTIMATE TASKS 1-4 $112,110.00 The fees associated with Task 1 are for the scoping meeting. The costs for the NOP were accommodated within the existing budget. Fee Estimate Harbor Pointe Senior Living Project FEE ASSUMPTIONS FOR THE EIR 1. Modifications to the Project assumptions after the technical analysis has been initiated may require a scope and budget augment. 2. No stand-alone technical documents will be provided for the following analyses: • Air Quality • Greenhouse Gas Emissions • Noise 3. Additional review cycles and/or revisions to the EIR may require a budget augment. 4. No Project meetings other than those outlined in this Scope of Work are assumed; additional meetings and/or hearings can be attended on a time and materials basis. 5. Direct costs are based on best available information. Document submittals will be made electronically, except as indicated above. 6. Delays in the schedule after the Project has been initiated may require a budget augment. 7. The additional traffic analysis is a qualitative evaluation of the alternatives and a limited number of hours for responses to comments. No detailed traffic study will be provided. 8. Supporting design concepts for the alternatives will be provided by the applicant. 9. Cross-sections showing the height of the Project in relationship to surrounding uses will be provided by the applicant. Fee Estimate CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 4/11/16 Date Completed: 4/11/16 Dept./Contact Received From: Terresa Sent to: Terresa By: Alicia Company/Person required to have certificate: T&B Planning Inc. Type of contract: All Other GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 2/1/16-2/1/17 A. INSURANCE COMPANY: Citizens Insurance Co of America B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): INSURANCE COMPANY: Allmerica Financial Benefit Ins Co Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2,000,000/4,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N Yes ❑ No not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed 1,000,000 Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City (What is limits provided?) its officers, officials, employees and volunteers): Is it F. included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be Haulers only): included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured ❑ N/A ❑ Yes N No is not limited solely by their negligence) Does endorsement NOTICE OF CANCELLATION: include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 2/1/16-2/1/17 A. INSURANCE COMPANY: Allmerica Financial Benefit Ins Co B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: 0 N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 2/1/16-2/1/17 A. INSURANCE COMPANY: Hanover American hmrance Co B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory 0 Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY EFF: 9/20/15-9/20/16 CARRIER: CONTINENTAL CASUALTY CO RATING: A: XV Admitted LIMIT: 1M/2M ❑ N/A ® Yes ❑ No V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 4/11/16 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. ca, s r` AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS DBA BONTERRA PSOMAS FOR PREPARATION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE HARBOR POINTE SENIOR LIVING PROJECT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 25th day of May, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Psomas, a California corporation doing business as ("DBA") BonTerra Psomas, whose address is 3 Hutton Centre Drive, Ste. 200, Santa Ana, California 92707, and is made with reference to the following: RECITALS A. On March 30, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement') for preparation of Initial Study/Mitigated Negative Declaration (IS/MND) for the Harbor Pointe Senior Living Project in accordance with the California Environmental Quality ACT ("CEQA") (`Project'). B. The parties desire to enter into this Amendment No. One to reflect modifications to the Schedule of Billing Rates to the Agreement, as amended. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be amended in its entirety and replaced with the Schedule of Billing Rates, attached hereto as Exhibit B-1 and incorporated herein by reference. Any reference to Exhibit B in the Agreement shall hereafter refer to Exhibit B-1 attached hereto. 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By:�jy'-N (— (4) Aaron C. Harp �1 City Attorney ATTEST: Date: By: d4AA&- Leilvani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California mu icipaI corporation Date: / By: �A Dave Kiff City Manager CONSULTANT: Psomas, a California corporation doing business as ("DBA") BonTerraFso as Date: 1 � Bys Kathleen Brady, AICP Vice President, Environm Planning ,Jdan Patronite Kell) ' Senior Vice PresidenUPrinci [END OF SIGNATURES] Exhibit B -1 — Schedule of Billing Rates Psomas DBA BonTerra Psomas Page 2 EXHIBIT B - 1 SCHEDULE OF BILLING RATES Psomas DBA BonTerra Psomas Page B-1 ENVIRONMENTAL PLANNING AND RESOURCE MANAGEMENT FEE SCHEDULE FOR THE CITY OF NEWPORT BEACH HARBOR POINT SENIOR LIVING PROJECT PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE Principal -in -Charge $210—$240 Technical Discipline Manager' $160—$210 Senior Planner/Senior Project Manager $130—$200 Principal Investigator of Archaeology or Paleontology $120—$145 Senior Biologist/Senior Ecologist $110—$165 Senior Restoration Ecologist $125 — $140 Project Manager $120—$145 Air Quality/GHG/Noise Specialist $125—$135 Technical Analyst $95—$125 Planner/Assistant Project Manager $70—$115 Archaeologist/Paleontologist $80—$120 Ecologist/Biologist $90—$120 Field Monitor (depending on expertise) $70—S130 Cultural Resources Technician $65—$90 GIS Manager $130 GIS Specialist $100—$115 Graphic Artist $100 Project Assistant $80—$85 Technical Writer/Editor $90—$100 Administrative Assistant $75—$85 REIMBURSABLE COSTS Mileage Federal Standard Mileage Rate Reprographics (Outside) at cost plus 10% Reprographics (Inside) Request Printing fee sheet Other Out-of-pocket Expenses at cost plus 10% Subconsultants at cost plus 10% Plotting: Field Maps $2.50 per sq ft Display/Oversized/High Quality Graphics $10 per sq ft Aerial Maps: Less than 500 acres $200 Aerial Maps: 500-1,500 acres $350 Aerial Maps: Greater than 1,500 acres $500 Air Quality and Greenhouse Gas Emissions, Noise, Biological Resources, Regulatory Permitting, Habitat Restoration, Cultural Resources, Water Quality BILLING RATES FOR URBAN CROSSROADS, INC. - SUBCONSULTANT Position Hourly Rates Principal $180 — 250 Senior Associate $130 — 200 Associate $100 — 150 Senior Analyst $80 — 120 Analyst $70 — 110 Assistant Analyst $50 — 90 Administrative Support $60 — 100 General (1) Reimbursable direct costs, such as reproduction, supplies, messenger service, long-distance telephone calls, travel, and traffic counts will be billed at cost plus ten (10) percent. (2) Hourly rates apply to work time, travel time, and time spent at public hearings and meetings. For overtime work, the above rates may be increased 50 percent. (3) Client payment for professional services is not contingent upon the client receiving payment from other parties. (4) Billing statements for work will be submitted monthly. 10167-01 Proposal L*URBAN CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/3/16 Dept./Contact Received From: Terresa Date Completed: 7/8/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: PSOMAS Type of contract: All Other I. GENERAL LIABILITY AM BEST RATING (A-: VII or greater) A; XV EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17 A. INSURANCE COMPANY: National Union Fire his Co ADMITTED COMPANY (Must be California Admitted): B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): ® Yes Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City ❑ No G. its officers, officials, employees and volunteers): Is it ❑ N/A ❑ Yes included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be 0 Yes ❑ No included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17 A. INSURANCE COMPANY: National Union Fire Ins Co B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ NIA 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17 A. INSURANCE COMPANY: National Union Fire Ins Co B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): X Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory X Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? X Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: X N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A X Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ACE American Ins Co- Eff 10/15/15-10/15/16 1 MM/2M Rating A++: XV Admitted ❑ N/A X Yes ❑ No V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved., 7/8/16 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach X N/A ❑ Yes ❑ No X N/A ❑ Yes ❑ No X Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. CCU J PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS DBA BONTERRA PSOMAS FOR PREPARATION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE HARBOR POINTE SENIOR LIVING PROJECT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 30th day of March, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PSOMAS, a California corporation doing business as BONTERRA PSOMAS ("Consultant'), whose address is 3 Hutton Centre Drive, Suite 200, Santa Ana, California 92707, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant for preparation of Initial Study/Mitigated Negative Declaration (IS/MND) for the Harbor Pointe Senior Living Project in accordance with the California Environmental Quality Act ("CEQA") ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on March 31, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 5� iMV416 S94— Rfe 7 i/_1kIs]N 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eighty Five Thousand Five Hundred Thirty Dollars and 00/100 ($85,530.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. Psomas DBA BonTerra Psomas Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Kathleen Brady to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department, Planning Division. City's Associate Planner or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will Psomas DBA BonTerra Psomas Page 3 perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Psomas DBA BonTerra Psomas Page 4 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall Psomas DBA BonTerra Psomas Page 5 be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Psomas DBA BonTerra Psomas Page 6 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement fora period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be Psomas DBA BonTerra Psomas Page 7 bome by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Benjamin Zdeba, Associate Planner Community Development Department, Planning Division City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Kathleen Brady, AICP Psomas DBA BonTerra Psomas 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 Psomas DBA BonTerra Psomas Page 8 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. Psomas DBA BonTerra Psomas Page 9 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Psomas DBA BonTerra Psomas Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3/� (//,6 Aaron • City Attorney ATTEST: �AA I Date: 3 2l• / 1 0 ®rm URI -I 10� "�,Wjyimj City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: %,j By: �-- Dave'Kiff- City Manager CONSULTANT: Psomas, a California corporation doing business as BonTerra Psomas > Date: By: ea CkcoGC Kathleen Brady, AICP n al Vice Presid nt, EnvironmePlanning Date: L By: _� n Patronite Kelly Senior Vice President/Principal [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Psomas DBA BonTerra Psomas Page 11 EXHIBIT A SCOPE OF SERVICES Psomas DBA BonTerra Psomas Page A-1 Harbor Pointe Senior HARBOR POINT SENIOR LIVING PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION March 1, 2016 PROJECT UNDERSTANDING The proposed Harbor Pointe Senior Living Project (hereinafter referred to as the "CenterPoint Project" or the "Project") proposes development of a 144 -bed convalescent facility and congregate care home on an approximate 1.5 -acre site. The Project site is located at 101 Bayview Place in Newport Beach, at the northeast comer of the site. The site is bordered by Bristol Street on the northeast and Bayview Place on the southeast. To the northwest and southwest, the site abuts single- and multi -family residential developments. As part of the proposed development, the existing single -story, approximate 8,800 -square -foot restaurant and its associated surface parking lot would be demolished to accommodate the development of a 5 -story, 109,633 -square -foot, 144 -bed convalescent and congregate care facility with 1 level of subterranean parking, which will include a total of 78 parking stalls. The proposed facility will include amenities such as a fitness room, a spa/salon, an outdoor Memory Care garden, a water feature, and seating areas. The proposed massing of the facility corresponds to adjacent uses (i.e., commercial along Bristol Street and residential to the southwest of the Project site) to create compatibility with the adjacent uses. The site is currently designated CO -G (General Commercial Office) and is part of the existing Bayview Planned Community Development Plan (PC -32). In order to accommodate development of the proposed Project, the following discretionary actions would be required: (1) A General Plan Amendment (GPA) to change the land use designation from the existing CO -G (General Commercial Office) to PI (Private Institutions); (2) a Planned Community Development Plan Amendment to amend the existing Bayview Planned Community Development Plan (PC -32) to increase the height and floor area and to change the land use limitations; (3) a Major Site Development Review to allow the construction of over 20,000 square feet of nonresidential gross floor area; and (4) a Conditional Use Permit to allow the establishment of a 144 -bed combined convalescent facility with congregate care housing. GENERAL ASSUMPTIONS ENVIRONMENTAL ANALYSIS APPROACH Based on the discussion with the City, BonTerra Psomas concurs that the proposed Project requires preparation of an Initial Study and Mitigated Negative Declaration (ISAIND) as the appropriate CEQA document. Therefore, this proposal presents a Scope of Work, cost, and schedule for an IS/MND, which will be prepared in accordance with the California Environmental Quality Act (CEQA) (California Public Resources Code, Sections 2100 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), and it will take into account the City's CEQA requirements and specifications. A-1 Scope of Work Harbor Pointe Senior TASK 1 PROJECT INITIATION Task 1.1 Kick -Off Meetin BonTerra Psomas will attend a kick-off meeting with the City of Newport Beach and Project Team members, including Urban Crossroads. This meeting will provide an opportunity to discuss the approach to preparing the environmental document and the technical analyses; to discuss and confirm the Scope of Work; to identify and discuss the key community issues and concerns; and to identify informational needs. The Project schedule will also be discussed at this meeting and key milestones will be defined. BonTerra Psomas understands that the Applicant will provide updated Project information, if available, including an updated Site Plan, prior to this meeting. If requested by the City, BonTerra Psomas will prepare and electronically submit the Meeting Minutes from the Kick-off Meeting to the City for review and comment. Upon receipt of comments, the Meeting Minutes will be revised and submitted electronically to the City for distribution. Task 1.1 Deliverables Electronic copies of Draft and Final Meeting Minutes (if requested) Task 1.2 Data Collection and Site Visit BonTerra Psomas will prepare a Data Needs Request to obtain data related to Project construction activities and operations that are needed for the respective technical analyses. Work can typically proceed on those tasks that are not dependent on forthcoming information. Additionally, BonTerra Psomas will review existing City documents, including but not limited to the City of Newport Beach General Plan, the 2006 General Plan EIR, the Bayview Planned Community Development Plan (PC -32), the Newport Beach Municipal Code, and other pertinent documents. BonTerm Psomas will also conduct a Project site visit to assist in the description of the environmental setting and to photographically document the site and surrounding area. Task 1.2 Deliverables Data Needs Request Task 1.3 Project Description BonTerra Psomas will prepare an in-depth and detailed Project Description, appropriate for an IS/MND. The Project Description will be created based on the following Project information to be provided by the City and/or Project Applicant: • A specific recommendation on the modification to the General Plan, including any text or policy modifications that may be requested. • A specific recommendation associated with a required zone change to allow any modification to zoning requirements, including a height increase. • Approved Project Objectives from the City, presumably developed with input from the Project Applicant. • An updated Project Site Plan, including building elevations; parking numbers and locations; and anticipated architectural style and density. • Specific revisions to the text of the Bayview Planned Community Development Plan (PC -32), including the Development Standards. A_2 Scope of Work Harbor Pointe Senior • A tract map demonstrating that the building location complies with required setbacks and internal circulation plans. • A Grading Plan, including earthwork quantities, site cross-sections, and import/export locations, if available. • An updated hydrology -reflecting development concept that provides sufficient detail on how water retention/detention will be addressed on the site and for the CEQA analysis. • The Preliminary Water Quality Management Plan (WQMP). • The updated Conceptual Landscape Plan. • A list of amenities the development will have. • Input on the anticipated permits and approvals required for all aspects of the Project. • Any other features unique to the Project that would serve to minimize environmental impacts (such as sustainability components) or that are integral to the analysis of the environmental impacts. Additionally, BonTerra Psomas will research and gather data that will serve to provide the setting information for the Project Description. Upon completion of the Project Description, an electronic copy will be submitted to the City for review. The Project Description will be revised to address comments received by the City and will be submitted back to the City for a final review and approval prior to distribution to the Project Team. Task L3 Deliverables • One electronic copy each of the Draft and Final Project Description TASK 2 TECHNICAL STUDIES/ANALYSES Based on discussions with the City, multiple technical analyses will be prepared to support the findings in the environmental document. In order to streamline the technical evaluation, the air quality, noise, greenhouse gas (GHG) emissions, and cultural resources evaluations will be incorporated directly into the environmental analysis sections rather than be standalone technical reports. The support materials, including the computer model runs, will be included as appendices to the environmental document. This approach can be discussed at the kick-off meeting (Task 1.1). Additionally, we understand that a number of stand-alone studies have been prepared by the Applicant's subconsultants, and these include a Visual Simulation Study, a Preliminary Water Quality Management Plan (WQMP), a Geotechnical Analysis, and a Phase 1 Environmental Site Assessment (ESA). Based on discussions with the City, even though we understand that Project traffic will result in a net reduction in trips over the existing condition, we have retained the services of Urban Crossroads to analyze Project traffic and prepare a Letter Report summarizing their findings. Their proposed scope of work is included in this section. Task 2.1 Aesthetics Shade and Shadow Analysis BonTerra Psomas will conduct a Shade and Shadow study to assess the potential impacts on the adjacent residential uses to the southwest of the site. In preparation of the study, BonTerra Psomas will request the following data from the Applicant: A-3 Scope of Work Harbor Pointe Senior • Topographic contours of the Project site and surrounding area in ESRI Shapefile or AutoCAD Drawing File Format • Architectural plans of the proposed Project in AutoCAD Drawing File Format, including detailed roofline elevations for proposed structures • Architectural elevation profiles/cross-sections for all proposed buildings in Portable Document Format (.pdf) • Building footprints of existing structures adjacent to the Project in AutoCAD Drawing File format or ESRI Shapefile format along with roofline elevations of these structures BonTerra Psomas will conduct a site visit (Task 1.2) to gather any additional information, as appropriate Subsequently, the proposed structures and surrounding existing structures will be digitally modeled in three dimensions and overlaid on real world topography. BonTerra Psomas will prepare one shade and shadow analysis for the spring/fall equinoxes, and two analyses for the summer/winter solstices. Three points in time on each day will be analyzed (e.g., morning, noon and dusk) resulting in a total of nine shade/shadow models. Upon completion of the analysis, BonTerra Psomas will prepare maps and exhibits, including one top-down view of the proposed shade and shadows for each of the nine models (resulting in nine maps). Task 2.2 Air Oualitv Technical Analvsis BonTerra Psomas will request information (as part of a Data Needs Request Form, see Task 1.2) related to descriptions of structures and paving to be demolished; structures and parking to be built; construction start and completion dates; phasing; anticipated soil export and import; and other construction -related Project data. Operational data requested will include anticipated project features, such as demands for natural gas and other features that would reduce mobile source emissions (e.g., preferred parking or charging stations for alternative -fuel vehicles) and conserve energy. BonTerra Psomas will calculate the existing criteria pollutant emissions, proposed Project demolition and construction emissions, and proposed Project operational criteria pollutant regional (mass) emissions using the latest California Emissions Estimator Model (CaIEEMod) and in accordance with South Coast Air Quality Management District (SCAQMD) guidelines. Exposure of adjacent receptors to criteria pollutants generated on the Project site will be analyzed using the SCAQMD's Localized Significance Thresholds method. It is expected that a screening calculation will demonstrate that the Project would not cause severe congestion at a major intersection that could result in a local carbon monoxide "hotspot' ; therefore, no dispersion modeling is included in this Scope of Work. Exposure to toxic air contaminants and odors will be addressed qualitatively. Additionally, the analysis will include a determination of Project conformity with the SCAQMD's Air Quality Management Plan. If potential significant impacts are identified, BonTerra Psomas will recommend appropriate mitigation measures. Supporting calculations will be included as attachments to the environmental document. Task 2.3 Greenhouse Gas Emissions Technical AnalVsis As part of the Data Needs Request Form (see Task 1.2), operational data requested will include anticipated demands for electricity and water; Project features that would conserve energy and water; waste recycling plans; sustainability features; anticipated Project population of the convalescent home residents and employees; and other data relative to GHG emissions. BonTerra Psomas will calculate the existing criteria pollutant and net changes in tree and plant quantities. BonTerra Psomas will calculate existing, proposed Project demolition and construction, and proposed Project operational GHG emissions using CaIEEMod. The method of assessing significance for quantitative GHG emissions will be based on criteria used by the City of Newport Beach on similar projects. Significance will also be assessed by considering whether implementation of the Project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs, including State, regional, and City A-4 Scope of Work Harbor Pointe Senior plans. BonTerra Psomas will consult with City staff to determine if analysis and discussion related to the recent Centerfor Biological Diversity v. Department ofFish and Wildlife (Newhall Land and Farming Company) decision would be included in the GHG analysis. If potential significant impacts are identified, BonTerra Psomas will recommend appropriate mitigation measures. Supporting calculations will be included as attachments to the environmental document. Task 2.4 Noise Technical Analvsis BonTerra Psomas will request information (as part of the Data Needs Request Form, see Task 1.2) related to demolition and construction methods and phasing; export and import of soil and other materials; heating, ventilating, and air conditioning equipment; window types; and other Project data related to noise impacts. BonTerra Psomas will visit the Project site to identify existing noise sources and noise -sensitive receptors and to determine existing noise levels at existing and proposed sensitive receptor locations. It is estimated that approximately 5 short -tern (20 to 30 minute) and 1 long -tern (more than 24 hours) measurements will be made. BonTerra Psomas will analyze noise and vibration impacts from demolition, construction, and occupancy of the proposed Project on existing sensitive receptors and noise level increases in the Project area from Project -generated traffic, based on the findings of the Traffic Study (see Task 2.5). The analysis will determine required mitigation for noise impacts to meet City of Newport Beach General Plan and Municipal Code noise standards. Task 2.5 Traffic Studv BonTerra Psomas' subconsultant Urban Crossroads will evaluate and analyze the proposed Project's potential transportation -related impacts. As part of this evaluation, Urban Crossroads will coordinate with the City to refine the following scope of work, if necessary. The traffic data will also provide the basis for the air quality and noise technical analyses. Upon completion of their assessment, BonTerra Psomas will incorporate the findings of the Traffic Study in the environmental document. The following will be accomplished: 1. Prepare an estimate of vehicle trips associated with the existing 8,800 -square -foot restaurant based on the appropriate Institute of Transportation Engineers (ITE) Trip Generation 9' Edition (2012) trip generation rates. 2. Prepare an estimate of Project -related vehicle trips based on the appropriate ITE Trip Generation 9s' Edition (2012) trip generation rates. 3. Evaluate whether the anticipated net new trip generation is sufficient to require a more detailed traffic study in accordance with City of Newport Beach requirements (Traffic Phasing Ordinance [TPO]). 4. Prepare a Letter Report with the results of the trip generation assessment. BonTerra Psomas will review the Letter Report and incorporate the findings into the environmental document. The Letter Report will be included as an appendix to the environmental document. While it is not anticipated that the proposed Project will result in increased trips over the existing condition, should the evaluation performed by Urban Crossroads conclude otherwise, a scope of work for a more detailed traffic study will be presented to the City with a budget augment request. Task 2.5 Deliverables One hard copy and one electronic copy each of the Draft and Final Traffic Study. A-5 Scope of Work Harbor Pointe Senior TASK 3 INITIAL STUDYIMITIGATED NEGATIVE DECLARATION Task 3.1 Preparation of Initial Study BonTerra Psomas will prepare a Draft Initial Study (IS) for review by the City and the Project Applicant, using the City's CEQA checklist form.' In compliance with Section 15063 of the State CEQA Guidelines, the IS will contain a description of the Project; the location of the Project site; a discussion of the environmental setting; an identification of the Project's potential environmental effects; and a discussion of any required mitigation. The discussion of the environmental setting will be based on a review of existing literature, including the City's General Plan and General Plan EIR; the Bayview Planned Community Development Plan (PC-32),- technical PC-32);technical studies provided by the City and/or Project Applicant; review of aerial photographs; and a site visit. The environmental analysis will include an explanation for all checklist responses to provide an understanding of how the IS conclusions were reached. Applicable mitigation measures from relevant documents will he identified and Project -specific mitigation will be developed for impacts that are determined to be significant. The following discussion describes the work effort to be undertaken to assess the potential environmental effects relative to each topical issue and to address Project -specific impacts. Aesthetics This topic will be evaluated in the Project EIR due to proposed changes to the visual quality and character of the site. The potential visual changes in light of the proposed approximate five -story convalescent facility will be assessed in comparison to the existing views of the site, which includes a single -story restaurant and associated surface parking. The analysis will include an assessment of the anticipated effects on public viewsheds and the potential degradation of the visual character associated with the proposed Project. The Shade and Shadow Study (described above under Task 2.1) and Applicant - prepared Visual Simulations will be used and incorporated into the discussion and analysis. Additionally, potential impacts emanating from the changed light and glare associated with the proposed facility will be analyzed. If potential significant impacts are identified, BonTerra Psomas will recommend mitigation measures to address those impacts. Agriculture and Forest Resources The proposed Project site is designated as Urban and Built-up Land on the California Department of Conservation's Orange County Important Farmland Map. The site is developed and not used or zoned for agricultural purposes; it is not subject to a Williamson Act Contract; and it does not contain Prime Farmland or Farmland of Statewide Importance. Additionally, no forest land occurs on the Project site or in the surrounding area. The IS will contain a statement identifying the site's lack of agricultural and forest resources. Air Quality The BonTerra Psomas Air Quality specialist will prepare a detailed and thorough Air Quality analysis, based on the approach described under Task 2.2, in the Air Quality section of the IS. If potential significant impacts are identified, BonTerra Psomas will recommend appropriate mitigation measures. The supporting model runs will be included as an appendix. It is acknowledged that amendments to the Transportation section of Appendix G, the Environmental Checklist Form, have been proposed and are currently in public review; the Checklist Form to be used will not reflect the proposed amendments to the Form. A-6 Scope of Work Harbor Pointe Senior Biological Resources Based on review of the aerial photograph and a site visit, the proposed Project site is fully developed with a single -story restaurant and surface parking lot. The site lacks any type of sensitive habitat and associated plant and animal species. The existing vegetation on the site includes ornamental plants and trees at the perimeter of the site and on the surface parking lot. This topic will be fully analyzed in the Initial Study. The IS will contain a statement identifying the site's lack of biological resources. No surveys are assumed in this Scope of Work. Cultural Resources The proposed Project site is fully developed with an existing single -story restaurant and associated surface parking lot. Although the existing structure on the site is not considered historic, any grading and excavation activities into native soils could result in disturbance to unknown archaeological and paleontological resources. A cultural resources records search at the South Central Coastal Information Center (SCCIC) at California State University, Fullerton will be conducted to identify cultural resources and studies on or in the vicinity of the Project site. Additionally, a records search for paleontological resources will be conducted by staff at the Natural History Museum of Los Angeles County to determine if fossil -bearing sediments and/or fossil localities are on or near the site. The results of the records searches will be incorporated in the IS. This Scope of Work does not include a pedestrian field survey of the site or a formal written report. The Project is subject to Assembly Bill (AB) 52, which requires lead agencies to consult with California Native American Tribes that request such consultation prior to the agency's release of a Notice of Preparation (NOP) of an EIR or notice of an MND or Negative Declaration (ND). Significant impacts to Tribal cultural resources are considered significant impacts to the environment. Based on discussions with the City, it is understood that the City has already initiated consultation and sent letters to the tribes. AB 52 allows Tribes 30 days after receiving notification to request consultation. BonTerra Psomas will summarize the results of the AB 52 process in the IS. Additionally, given that the Project involves a General Plan Amendment, it is also subject to the statutory requirements of Senate Bill (SB) 18. If the City has not initiated the SB 18 consultation process, this Scope of Work assumes that BonTerra Psomas will assist the City in that process. BonTerra Psomas will request a Sacred Lands File Search and Tribal contacts list (for SB 18) from the Native American Heritage Commission and will send letters to tribes on behalf of the City to ensure a good -faith effort of participation. Additional consultation, including telephone calls and meetings, is not part of this Scope of Work; however, if requested, BonTerra Psomas can assist the City with additional consultation subject to a budget augment. Geology and Soils Based on the discussion with the City, this Scope of Work assumes that a Geotechnical Report will be prepared by the Applicant's subconsultant and provided to BonTerra Psomas. It is assumed that the study will be prepared consistent with CEQA requirements and will address the potential for impacts associated with seismic activity and site-specific soils/geotechnical conditions. It is assumed that the information provided will be sufficient to address the related CEQA checklist questions and that no mitigation beyond compliance with standard building requirements is necessary. The findings of the study will be summarized into the IS, and the report will be included as an appendix to the document. Greenhouse Gas Emissions The BonTerra Psomas Air Quality and GHG specialist will prepare a detailed and thorough GHG analysis, based on the approach described under Task 2.3, in the GHG section of the IS. If potential A-7 Scope of Work Harbor Pointe Senior significant impacts are identified, BonTerra Psomas will recommend appropriate mitigation measures The supporting materials will be included as an appendix. Hazards and Hazardous Materials This Scope of Work assumes that a Phase I Environmental Site Assessment (ESA) will be provided by the Applicant and provided to BonTerra Psomas for incorporation into the IS. The findings of the ESA will be summarized in the IS, as appropriate. Should the ESA identify any hazardous materials sites on or in proximity to the Project site, further evaluation of the potential for public exposure to hazardous materials may be needed. It is assumed that any further evaluation will be conducted by other Project team members with the appropriate technical expertise. BonTerra Psomas will also address other checklist questions (e.g., airport hazards and fire hazards) substantiating why no impacts are expected. Mitigation measures will be developed as necessary. The Phase I ESA will be included as an appendix to the document. The Project site is within the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA) and within the AELUP height restriction zone. This issue will be analyzed in the environmental document. BonTerra Psomas will fully analyze the proposed Project's height for consistency with the AELUP in the Hazards and Hazardous Materials section of the document. While it is unlikely that the proposed 66 -foot -high structure would penetrate an imaginary surface (see the Federal Aviation Regulations [FAR], Part 77, Imaginary Surfaces, including Primary, Approach, Horizontal, Conical, and Transitional), the building could potentially interfere with a navigation aid, which would also constitute an obstruction to safe navigation. In order to determine and establish the proposed Project's consistency with applicable regulations, the Project Applicant is responsible for requesting an obstruction evaluation from the Federal Aviation Administration (FAA). Though JWA staff will often provide an informal evaluation of building height, a formal assessment from FAA is required. If requested, BonTerra Psomas can electronically file on behalf of the Project Applicant, using the Notice Criteria Tool on the FAA's website. This can be done on a time and material basis. This task usually requires nominal effort but approximately 90 days should be allowed. It is recommended that this information be obtained prior to the distribution of the Draft EIR for public review to provide a more complete assessment. A request for consistency with the AELUP will be filed with the Airport Land use Commission (ALUC), per Section 4.7, Submittal Requirements, of AELUP. Even though it is assumed that the consistency determination request would be filed by the Project Applicant and the determination provided to BonTerra Psomas, if requested by the City and the Project Applicant, BonTerra Psomas can file the consistency notice for the Project. Hvdroloev/Drainage and Water Oualit Based on discussions with the City, this Scope of Work assumes that a Preliminary WQMP will be prepared by the Applicant and provided to BonTerra Psomas for review and incorporation into the EIR. Additionally, it is assumed that information related to drainage and hydrology will be provided by the Applicant and analyzed in the IS. The analysis will include an assessment of the pre- and post - development conditions; the available capacity of existing infrastructure; and potential impacts related to storm drainage and changes to the groundwater supplies. It is assumed that the information will be sufficient to address the CEQA checklist questions. The WQMP should identify tributaries, impaired waters, and pollutants of concern. It should also identify whether the total maximum daily load standards have been established; the storm water rate and volume that dictates the Best Management Practices (BMPs) proposed and sizing; and the potential for hydrologic conditions of concern. This data will be incorporated into the IS, and the said report will be included as an appendix to the document. If potential p -g Scope of Work Harbor Pointe Senior significant impacts are identified, BonTerra Psomas will work with the Project Engineer to recommend mitigation measures to address those impacts. Land Use/Plannin BonTerra Psomas will describe the existing on-site and surrounding land uses based on a site visit (Task 1.2); review of aerial photographs; and information provided in existing land use policies, plans, and documents. Additionally, the Project proposes an amendment to the Bayview Planned Community Development Plan (PC -32) to address height and floor area modification and land use limitations. The land use section of the IS will include a full analysis of the amendment. Additionally, the proposed General Plan Amendment (GPA) changing the land use designation from CO -G (General Commercial Office) to PI (Private Institutions) will be discussed and analyzed. Moreover, BonTerra Psomas will evaluate the proposed Project's consistency with relevant local planning documents, including the Southern California Association of Governments' (SCAG's) regional planning documents, the City of Newport Beach General Plan policies, and other relevant policy documents. If potential significant impacts are identified, BonTerra Psomas will recommend mitigation measures to address those impacts. Mineral Resources According to the City of Newport Beach, there is no active mining in the area, other than oil and gas resources. The proposed Project does not contain any mineral resources and no mineral resource extraction activities occur on the Project site. BonTerra Psomas will provide a statement in the IS identifying that the Project site does not contain any known mineral resources and will not impact mineral resources. Noise The BonTerra Psomas Noise specialist will prepare a detailed and thorough noise analysis, based on the approach described under Task 2.4, in the Noise section of the IS. If potential significant impacts are identified, BonTerra Psomas will recommend appropriate mitigation measures. The supporting materials be included as an appendix. Population and Housin The proposed Project will include a 144 -bed combined convalescent facility and congregate care home that will replace the existing restaurant on the site. BonTerra Psomas will evaluate the direct and indirect potential impacts that the Project could have on population, housing, and employment forecasts, using the latest demographic data available for the Project area. Though the Project would not be expected to have any impacts, the analysis would include a discussion of the Orange County Preferred (OCP) 2014 Projections, SCAG documents, the City of Newport Beach General Plan, and other relevant documents. If potential impacts are identified, BonTerra Psomas will recommend mitigation measures to address those impacts. Public Services Implementation of the proposed Project may have potential to increase the demand for public services (fire and police). Potential effects associated with implementation of the proposed Project can be related to the provision of adequate service levels and the need to upgrade and/or provide additional facilities to serve the proposed Project. BonTerra Psomas will coordinate with service providers to identify existing public service facilities and to determine whether the proposed Project can be adequately serviced without any increase in personnel or expansion of existing resources (including facilities). If potential impacts are identified, BonTerra Psomas will recommend mitigation measures to address those impacts. A-9 Scope Harbor Pointe Senior Living Project Recreation The proposed Project will include a 144 -bed combined convalescent facility and congregate care home that will replace the existing restaurant on the site. Due to the nature of the use, the IS/MIND will state that the Project will not result in increased demand for recreational facility or impact on existing facilities. Transoortation/Traffic As discussed in Task 2.5, Urban Crossroads will prepare a Letter Report for the proposed Project based on an evaluation of the proposed Project trips and in coordination with the City. The Letter Report will be summarized and incorporate into the Transportation/Traffic section of the IS. The Traffic Letter Report will be included as an appendix in the document. Utilities and Service Svstems It is assumed that utility infrastructure plans and studies, including identification of required upgrades to serve the Project, will be provided by the Project Engineer. The preparation of a Water Supply Assessment (WSA) for the proposed Project is not required, as the Project proposes a 144 -bed combined convalescent facility and congregate care home and would not exceed the threshold of 500 residential units for preparation of a WSA. The proposed Project's construction and operational impacts on water supply, sewers, and storm drains will be analyzed in the IS. BonTerra Psomas will coordinate with applicable wet and dry utility providers to obtain information regarding existing capacity, supply, and future demand from the proposed Project. If potential significant impacts are identified, BonTerra Psomas will recommend mitigation measures to address those impacts. Task 3.1 Deliverables Electronic copies of Draft and Final IS (2 submittals) Task 3.2 Preoaration of the Initial Studv/Miti2ated Negative Declaration for Distribution Following review of the Draft IS, BonTerra Psomas will revise the IS to incorporate comments received. This task anticipates that comments received would require only one set of revisions. BonTerra Psomas will resubmit the document to the City for final approval prior to distribution. Concurrent with preparation of the revised IS, BonTerra Psomas will prepare the necessary documentation for the MND, which will include a proposed finding that the Project will not have a significant effect on the environment with implementation of mitigation. The MND will be submitted to the City for review with the revised IS before being prepared for distribution. It should be noted that one round of review by the City is assumed for the IS/MND. Upon incorporation of the comments and revising the IS/MND, BonTerra Psomas proposes a "page -tum" session with the City staff to receive the final approval from the City prior to circulation. This will facilitate the expedited schedule. A 30 -day public review period is assumed in this Scope of Work. Fifteen CDs of the IS/MND, the Notice of Intent (NOI), and the State Clearinghouse (SCH) Notice of Completion (NOC) will be submitted to the SCH to start the 30 -day review period. The notice that the City intends to adopt an MND will be submitted to the County Clerk and will be provided to the public. This notice is required to be published in local newspapers or, at a minimum, posted at the Project site. It is assumed that BonTerra Psomas will prepare the notice, but the City will post it at the Project site and submit it to the newspaper for publication. In addition to submittal to the SCH, electronic copies of the final IS/MND will be submitted to City staff members and decision makers. Electronic files of the IS/MND will also be provided on CDs (up to 20) for A-10 Scope of Work Harbor Pointe Senior public distribution. BonTerra Psomas will coordinate the reproduction and distribution effort using a distribution list to be provided by the City. Task 3.2 Deliverables • Electronic copies of Draft and Final IS/MND • Distribution of up to 15 electronic copies (CDs) of the IS/MND to the SCH • Distribution of up to 20 electronic copies (CDs) of the IS/MND to the public • Electronic copies of NOI and NOC Task 3.3 Preparation of the Final Initial Study/Mitigated Negative Declaration and Related Documents Once the public review period has ended, BonTerra Psomas will coordinate with the City to review the comments received and to develop an approach on how to respond to the comments. Preparation of responses to comments on an IS/MND is not required, but recommended to assist the City in the decision- making process. All environmental comments on the IS/MND will receive responses. Topical responses will be used if multiple comments are received on the same issue and will be included with a brief summary of the response that will refer back to the main response. This will allow a more complete response without undue repetition. The Response to Comments (RTC) document will be submitted to the City for review and then revised based on comments received and transmitted to the City. The decision- making body of the Lead Agency must consider the proposed MND together with any comments received during the public review process. A total of 30 hours of technical staff time are assumed for preparation of the RTC document. Should a large number of comments be received, the estimated budget for completing the RTC document may need to be revised and a budget augment requested. One round of review by the City staff is assumed for the Final IS/MND. Task 3.3 Deliverables Electronic copies of Final IS/MND • Electronic copies of the RTC TASK 4 MITIGATION MONITORING AND REPORTING PROGRAM In compliance with Section 21081.6 of the California Public Resources Code, BonTerra Psomas will prepare a Mitigation Monitoring and Reporting Program (MMRP) as part of the Final EIR document and for adoption at the time of the Final EIR. The MMRP will be prepared in matrix format and will provide the riming and responsibility for each mitigation measure. A Draft MMRP will be electronically submitted for review by the City. Upon receipt of comments from the City, BonTerra Psomas will revise the MMRP to address the comments and submit a revised Final MMRP to the City. If the Planning Commission or City Council modifies the Project and/or recommends SCs/mitigation measures for the proposed Project, BonTerra Psomas will revise the MMRP. However, substantial modifications are not assumed in the fees for this Project. Task 4 Deliverables Electronic copies of Draft and Final MMRP A-11 Scope of Work Harbor Pointe Senior TASK 5 NOTICE OF DETERMINATION BonTerra Psomas will prepare the Notice of Determination (NOD) for the Project, which will be signed by the City upon certification of the EIR and action on the Project. BonTerra Psomas will file the NOD with the County Clerk and the State Clearinghouse. It is assumed that the Applicant will provide BonTerra Psomas with a check for payment of the California Department of Fish and Wildlife filing fees and County Clerk Recorder processing fee at the time the NOD is filed. Task 5 Deliverables One electronic copy of the NOD for signature One electronic copy of the NOD stamped as having been filed with the County Clerk TASK 6 PROJECT MANAGEMENT, PROJECT MEETINGS, AND PUBLIC HEARINGS Task 6.1 Project Management BonTerra Psomas will be responsible for managing the CEQA process for the City. This includes ongoing coordination with the City and team members to ensure compliance with the Scope of Work and schedule and to ensure that information is disseminated, as necessary. This Scope of Work assumes an approximately 6 -month schedule for the IS/MND. Task 6.2 Proiect Meetings This task includes attendance at three coordination meetings for the IS/MND with City staff and Project Team members, as necessary (in addition to the Project Kick -Off meeting discussed in Tasks 1.1). This Scope of Work assumes that the Project Manager and Assistant Project Manager will attend all meetings (three hours each, which includes preparation and travel time). Additional meeting attendance will be billed on a time and materials basis, based on hourly rates and subject to prior approval. Task 6.2 Deliverables Four meetings with the City staff members and the Project Team Task 6.3 Public Hearings In addition, BonTerra Psomas will attend up to two public hearings, including Planning Commission and City Council meetings. BonTerra Psomas will be available to make presentations and/or provide advice and input to the City and address questions regarding CEQA; the environmental review process; and the findings of the EIR analyses, as appropriate. The preparation of visual aids and handouts for the public hearings are not included in this Scope of Work. This task assumes public hearings will be attended by the Project Manager. Additional public hearing attendance will be billed on a time -and -materials basis, based on hourly rates and subject to prior approval. Task 6.3 Deliverables Attendance at two public hearings A-12 Scope oJWork Harbor Pointe Senior WORK SCHEDULE This Scope of Work assumes an approximately 6 -month schedule for the IS/MND. BonTerra Psomas will work diligently and coordinate closely with the City and Project Team, including Urban Crossroads to ensure the IS/MND is prepared efficiently, on time, and within budget. All time -saving approaches, including use of the existing information, will be utilized to speed up the schedule. However, BonTerra Psomas will ensure that time -saving approaches will not jeopardize the quality of the document. The Project will be initiated upon award of contract and after attendance at the Project kick-off meeting (see Task 1.1). Preparation of the Project Description will start upon receipt of requested information (Task 1.2) from the City and Project Applicant. Based on discussions with the City, we assume the Project will be kicked off during the last week of March, and March 28, 2016 is assumed as the date for the Project kick-off meeting. Kick-off Meeting March 28, 2016 Data Collection and Site Visit March 28 -April 1, 2016 Project Description April 4 -April 8, 2016 City review of the Draft Project Description April 11 -April 14,2016 Prepare Final Project Description Task 2: TechnicaiStudies/Analyses Review of Technical Studies provided by Applicant 1 April 18 to April 20, 2016 April 25 - April 29, 2016 Preparation of Technical StudiWAna"es April 25 - May 13, 2016 City review and approval of Traffic Analysis May 16 - May 20, 2016 Task 3: Initial Study/Mitigated Negative Declaration Prepare Draft IS April 25 - June 3, 2016 City Review of Draft IS June 6 - June 17, 2016 Revise and Prepare Draft IS/MND June 20 - July 1, 2016 Final Review- Page -Tum July 5 - July 8, 2016 Finalize ISIMND for Reproduction and Distribution July 11- July 15, 2016 1S/MND 30 -day Public Review Period July 18 -August 18, 2016 Preparation of Final IS/MND and Responses to Comments August 15 - August 26, 2016 City Review of the Responses to Comments August 29 September 2, 2016 Final Review - Page -Tum September 5 - September 9, 2016 Finalize ISIMND and Responses to Comments September 12 - September 16, 2016 " A-13 Scope Harbor Pointe Senior Task 4: Mitigation Monitoring and Reporting Program Prepare Draft MMRP September 1- September 6, 2016 City Review of Draft MMRP September 7 - September 9, 2016 Finalize MMRP September 12 - September 16, 2016 Task 5: Notice of Determination Prepare Draft NOD Upon IS/MND Certification City Review of Draft NOD TBD Finalize and file NOD TBD Task 6: Project Management, Meetings, and Public Hearings Project Management Project Kick -Off to Project Completion Project Meetings Three Meetings (TBD) Public Hearings (two Planning Commission and two City TBD Council) ' Technical Studies provided by the Project Applicant include a Visual Simulation Study, a Geotechnical Study, Phase I. Environmental Site Assessment, and a Water Quality Management Plan. A_tq Scope of Work Harbor Pointe Senior FEE ESTIMATE FOR HARBOR POINTE SENIOR LIVING PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Task Description Fee BonTerra Psomas Professional Fees Task 1 Project Initiation 1.1 Kickoff Meeting $2,000.00 1.2 Data Collection and Site Visit $2,800.00 1.3 Project Description $2,350.00 Task 2 Technical Analyses $600.00 2.5 Traffic Study $2,800.00 Task 3 Initial Study/Mitigated Negative Declaration $3,350.00 3.1 Preparation of the 1S $42,450.00 3.2 Preparation of the IS/MND for Distribution $4,730.00 3.3 Preparation of the Final IS/MND and Related Documents $9,270.00 Tasks 4 and 5 Mitigation Monitoring and Reporting Program and Notice of Determination $1,580.00 Task 6 Project Management, Meetings, and Public Hearings 6.1 Project Management $6,920.00 6.2 Project Meetings $2,820.00 6.3 Public Hearings $4,460.00 Subtotal Professional Fees $82,180.00 ESTIMATED DIRECT EXPENSES Reproduction $1,500.00 Mailing $500.00 Mileage $250.00 Record Search $600.00 Miscellaneous $500.00 Subtotal Direct Expenses $3,350.00 TOTAL FEE ESTIMATE TASKS 1-6 $85,530.00 A-15 Scope Harbor Pointe Senior FEE ASSUMPTIONS FOR THE IS/MND 1. Modifications to the Project assumptions after the technical analysis has been initiated may require a scope and budget augment. 2. No stand-alone technical documents will be provided for the following analyses: Air Quality X Greenhouse Gas Emissions • Noise I Additional review cycles and/or revisions to the IS/MND may require a budget augment. 4. No Project meetings other than those outlined in this Scope of Work are assumed; additional meetings and/or hearings can be attended on a time and materials basis. 5. Direct costs are based on best available information. Document submittals will be made electronically, except as indicated above. 6. Delays in the schedule after the Project has been initiated may require a budget augment. A-16 Scope of Work EXHIBIT B SCHEDULE OF BILLING RATES Psomas DBA BonTerra Psomas Page B-1 ENVIRONMENTAL PLANNING AND RESOURCE MANAGEMENT FEE SCHEDULE FOR THE CITY OF NEWPORT BEACH HARBOR POINT SENIOR LIVING PROJECT PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE Principal -in -Charge $210—$240 Technical Discipline Manager) $160—$210 Senior Planner/Senior Project Manager $130—$200 Principal Investigator of Archaeology or Paleontology $120—$145 Senior Biologist/Senior Ecologist $110—$165 Senior Restoration Ecologist $125—$140 Project Manager $120—$145 Air Quality/GHG/Noise Specialist $125—$135 Technical Analyst $95—$125 Planner/Assistant Project Manager $90—$115 Archaeologist/Paleontologist $80—$120 Ecologist/Biologist $90—$120 Field Monitor (depending on expertise) S70—$130 Cultural Resources Technician $65—$90 GIS Manager $130 GIS Specialist $100—$115 Graphic Artist $100 Project Assistant $80—$85 Technical Writer/Editor $90—$100 Administrative Assistant $75—$85 REIMBURSABLE COSTS Mileage Federal Standard Mileage Rate Reprographics (Outside) at cost plus 10% Reprographics (Inside) Request Printing fee sheet Other Out-of-pocket Expenses at cost plus 10% Subconsultants at cost plus 10% Plotting: Field Maps $2.50 per sq ft Display/Oversized/High Quality Graphics $10 per sq ft Aerial Maps: Less than 500 acres $200 Aerial Maps: 500-1,500 acres $350 Aerial Maps: Greater than 1,500 acres $500 Air Quality and Greenhouse Gas Emissions, Noise, Biological Resources, Regulatory Permitting, Habitat Restoration, Cultural Resources, Water Quality BILLING RATES FOR URBAN CROSSROADS, INC. - SUBCONSULTANT Position Hourly Rates Principal $180 — 250 Senior Associate $130 — 200 Associate $100 — 150 Senior Analyst $80 — 120 Analyst $70 — 110 Assistant Analyst $50 — 90 Administrative Support $60 — 100 General (1) Reimbursable direct costs, such as reproduction, supplies, messenger service, long-distance telephone calls, travel, and traffic counts will be billed at cost plus ten (10) percent. (2) Hourly rates apply to work time, travel time, and time spent at public hearings and meetings. For overtime work, the above rates may be increased 50 percent. (3) Client payment for professional services is not contingent upon the client receiving payment from other parties. (4) Billing statements for work will be submitted monthly. 10167-01 Proposal URBAN CROSSROADS EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Psomas DBA BonTerra Psomas Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Psomas DBA BonTerra Psomas Page C-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Psomas DBA BonTerra Psomas Page C-3 judgment may be necessary for its proper protection and prosecution of the Work. Psomas DBA BonTerra Psomas Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2/24/16 Date Completed: 2/25/16 Dept./Contact Received From: Raymund Sent to: Raymund By: Chris/Alicia Company/Person required to have certificate: PSOMAS Type of contract: Public Works GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/15 to 4/1/16 A. INSURANCE COMPANY: National Union Fire Ins Co B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT— please attach F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? K. ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/15 to z A. INSURANCE COMPANY: National Union 1,000,000/2,000,000 ® Yes ❑ No 0 ■M ►o - ■Q ® Yes ❑ No ® Yes ❑ No ❑ Yes ® No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/1/15 to 4/1/16 A. INSURANCE COMPANY: National Union Fire Ins Co B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED N. PROFESSIONAL LIABILITY ACE American Ins Co— Eff 10/15/15-10/15/16 1MM/2M Rating A++: XV Admitted ❑ N/A ® Yes ❑ No V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: C Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 2/25/16 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract.