HomeMy WebLinkAboutC-7030-1 - PSA for Preparation of California Environmental Quality Act (CEQA) Documentation for the Towers at Koll Centerrn
AMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
PREPARATION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
DOCUMENTATION FOR THE TOWERS AT KOLL CENTER
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Four") is made and entered into as of this 1st day of October, 2018
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and KIMLEY-HORN AND ASSOCIATES,
INC., a North Carolina corporation ("Consultant"), whose address is 765 The City Drive,
Suite 200, Orange, California 92868, and is made with reference to the following:
RECITALS
A. On February 23, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to prepare California
Environmental Quality Act ("CEQA") Documentation for The Towers at Koll Center
("Project").
B. On January 23, 2017, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One') to reflect additional services not previously
included in the Agreement, extend the term of the Agreement and to increase the
total compensation.
C. On October 3, 2017, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to extend the term of the Agreement.
D. On November 28, 2017, City and Consultant entered into Amendment No. Three
to the Agreement ("Amendment No. Three") to reflect additional services not
included in the Agreement, as amended, and to increase the total compensation.
E. The parties desire to enter into this Amendment No. Four to extend the term of the
Agreement to December 31, 2020.
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 December 31, 2020, unless terminated earlier as set forth herein."
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. Four to
be executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORN Y'S OFFICE a California municipal corporation
Date: 3 / Date: �17i1 �T
Aaron C. Harp ^" ^ `j1° Dave IE
City Attorney City Manager
ATTEST: CONSULTANT: KIMLEY-HORN AND
Date: ASSOCIATES, INC., a North Carolina
corporation
Date:
Signed in Counterpart
By: By:
Leilg6i I.own Serine Ciandella
City Cler Sr. Vice President
Date:
Signed in Counterpart
By:
George Fares, P.E.
Sr. Vice President
[END OF SIGNATURES]
Kimley-Horn and Associates, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: '7 i 8
gy
Aaron C. Harp °Hu
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
CONSULTANT: KIMLEY-HORN AND
ASSOCIATES, INC., a North Carolina
corporation
Date: 00102-/18
By: By: �4 IA CkZXdULX
Leilani I. Brown Seine Ciandella
City Clerk Sr. Vice President
Wle.L /P&
-er-Vt U-PTesideM '3us,k;sss /✓IRNRG K
[END OF SIGNATURES]
Kimley-Horn and Associates, Inc. Page 2
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 8/15/18
Dept./Contact Received From: Brittany
Date Completed: 8/20/18 Sent to: Brittany By: Jan
Company/Person required to have certificate: Kimley-Hom & Associates
Type of contract: Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/18-4/1/19
A.
INSURANCE COMPANY: National Union Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XV
INSURANCE COMPANY: National Union Fire Insurance Company
C.
ADMITTED Company (Must be California Admitted):
B.
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $11M or greater): What is limit provided?
$IM/$2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
Is Company admitted in California?
include): Is it included? (completed Operations status does
❑ No
D.
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
❑ Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
(What is limits provided?)
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
❑ No
G.
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
H.
HIRED AND NON -OWNED AUTO ONLY:
is not limited solely by their negligence) Does endorsement
❑ Yes
❑ No
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: 4/1/18-4/1/19
A.
INSURANCE COMPANY: National Union Fire Insurance Company
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.
ADDITIONAL INSURED WORDING:
❑ N/A
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A
0 Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/18-4/1/19
A.
INSURANCE COMPANY: National Union Fire Insurance Company
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
IV. PROFESSIONAL LIABILITY 4/1/18-4/1/19 LLOYDS OF LONDON
Rated: Not Rated, Non -Admitted Limits: $2M ® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
VI BUILDERS RISK
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
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:
Risk Management approval required for non -admitted Professional Liability carrier. 8/20/18 Risk Management
approved use of non -admitted Professional Liability carrier.
Approved:
Risk Management
* Subject to the terms of the contract.
Date
WORKERS'COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/18 —4/1/19
A. INSURANCE COMPANY: National Union Fire Insurance Com
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 4/1/18-4/1/19 LLOYDS OF LONDON
Rated: Not Rated, Non -Admitted Limits: $2M ® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
VI BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® 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:
Risk Management approval required for non -admitted Professional Liability carrier.
Approved:
M"6"O, 5"r
Risk Management
* Subject to the terms of the contract.
8/20/2018
Date
Kkde y")>F101.11
Certificate of Secretary
To Whom It May Concern:
I am the duly qualified and acting Secretary of Kimley-Horn and Associates, Inc., a North Carolina
Corporation.
The following is a true copy of a resolution duly adopted by the Board of Directors of the corporation
at the Board meeting held on December 14, 2017 and entered in the minutes of such meeting in the
minute book of the corporation.
"The Board unanimously approved the contract signing authority of employees as presented." (A
copy of the employee lists as presented is enclosed.)
The resolution is in conformity with the articles of incorporation and bylaws of the corporation, has
never been modified or repealed, and is now in full force and effect.
Dated: 7 b oh?
Richard N. Cook, Secretary
ATLANTIC
NEWPORTNEWS
Collins, Carroll E.
NORTHERN VIRGINIA
Carter, Enos V.
Elman, Paul D.
Kauppila, John L.
Lefton, Steven E.
Martin, Robert J.
Murphy, Terence T.
Sauro, Thomas J.
Stevens, Ross S.
Whyte, Richard D.
Yarnal, Brian D.
RICHMOND
Brewer, Brian J.
Harmon, Amanda R.
Lickliter, Ashley C.
White, Timothy E.
VIRGINIA BEACH
Chambers, Jon S.
France, William D.
Mackey, William F.
Marscheider, Edward A.
Nash, William A.
Royal, Jack R.
Tewksbury, Carl F.
WHITE PLAINS
Gibson, Adam T
CALIFORNIA
LOS ANGELES
DOWNTOWN
Blume, Robert D.
Fares, Jean B.
Kerry, Nicole M.
Kyle, Gregory S
Phaneuf, Alyssa S.
OAKLAND
Akwabi, Kwasi
Dankberg, Adam J.
Durrenberger, Randal R.
ORANGE
Adrian, Darren J.
Ciandella, Serine A.
Fares, George B.
Hourigan, E. Vincent
Matson, Jason B.
Melvin, M. Pearse
Phillips, Chad E.
PLEASANTON
Mowery, Michael C.
Pulliam, John E.
Sowers, Brian E.
SACRAMENTO
Melvin, Enda
Squires, Christopher A.
Weir, Matthew D.
Kimley-Horn and Associates, Inc.
FULL CONTRACT SIGNING AUTHORITY
December 14, 2017
SAN DIEGO
Barlow, Matthew T.
Espelet, Leonardo E.
Harry, Jennifer L.
Kaltsas, Joseph D.
Knapton, Michael J.
Landaal, Dennis J.
Meyerhofer, Peter N
Podegracz, Anthony J.
Ross, Michael S.
SAN JOSE
Hedayat, Leyla
Venter Frederik J.
FLORIDA
BOCA-DELRAY
Schwartz, Michael F
Webber, Jason A.
FORT LAUDERDALE
Alam, Mudassar M.
Capelli, Jill A.
Falce, Christopher T.
McWilliams, John J.
Ratay, Gary R.
Saxena, K.K.
JACKSONVILLE
Mecca, Joseph P.
Roland, George E.
LAKELAND
Bulloch, Kelly B.
Wilson, Mark E.
MIAMI
Baldo, Burt L.
Buchler, Aaron E.
Campbell, David C.
Collier, Julio A.
Fernandez, Jorge L.
OCALA
Bryant, M. Lewis
Busche, Richard V.
ORLANDO
Chau, Hao T.
Jackson, Jay R.
Martin, Jonathan A.
Mingonet, Milton S.
Thigpen, Jonathan D.
SARASOTA
Nadeau, Gary J.
Schmid, Seth E.
Stovall, Thomas M.
TALLAHASSEE
Barr, Richard R.
Sewell, Jon S.
TAMPA
Gilner, SoottW.
White, Wayne E.
VERO BEACH
Cave, Derrick B.
Good, Brian A.
Peed, Brooks H.
Roberson, Kevin M.
Stephens, Britt L.
WEST PALM BEACH
Atz, John C.
Bames, R. Russell
Heggen, Christopher W
Jackson, Kenneth W.
Mufleh, Mannan H.
Rapp, Bryan T.
Schanen, Kevin M.
Sumislaski, James M.
Walthall, David W.
MID -WEST
CHICAGO
DOWNTOWN
Dvorak, Jr., William E.
Morton, Jr., Arthur J.
CHICAGO
SUBURBAN
Antony, Dean M.
Heinen, Andrew N.
INDIANAPOLIS
Butz, Jr., William A.
TWIN CITIES
Bishop, Mark C.
Coyle, Daniel J.
Danielson, Paul B.
Hom, Jon B.
Leverett, Christopher C.
Matzek, William D.
Williamson, Sarah T.
MOUNTAIN
DENVER
Colvin, Scott W.
Krell, Gabriel M.
Phelps, Randall J.
Rowe, Curtis D.
Salvagio, Robin
Valentine, Brian W.
LAS VEGAS
Ackeret, Kenneth W
Colety, Michael D.
MESA
Margetts, Sterling T
Marin, Laura S.
Walnum, Nathan C.
PHOENIX
Conrad, John R.
Hermann, Michael J.
Kissinger, John C.
Leistiko, David J.
Mutt, Brent H.
Noon, Lisa K.
Omais, Ahmad A.
Pedllo, Adam C.
Pretorius, Petrus S.
Purtle, Vicki L.
Schiller, Michael G.
Smalkoski, Brian R.
TUCSON
Crowther. Brent C.
SOUTHEAST
ALPHARETTA
Fanney, Lawson H.
Hamilton, James R.
Walker, John D.
Webb, Floyd C.
ATLANTA
James, Alvin B.
Rushing, Michael L.
Wilson, Deborah L.
ATLANTA MIDTOWN
Fink, Kenneth L.
Meador, Emily H.
Montanye, Emmeline F
Ross, Robert A.
Stricklin, David L.
CHARLOTTE
Blakley, Jr., Stephen W.
Edwards, Matthew A.
Hume, Robert M.
Wilhelm, William R.
DURHAM DOWNTOWN
Beck, Chadwick W.
MEMPHIS
Collins, James F.
Danley, Drake E.
NASHVILLE
Dufour, Zachary J.
Rhodes, Christopher D.
RALEIGH
Adams, Richard C.
Barber, Barry L.
Burchett, Thomas F.
Byrd, Michael N.
Cook, Richard N.
Deans, Neil T.
Dunzo, Mark W.
Flanagan, Tammy L.
Kuzenski, John
McEntee, David L.
Nuckols, Charles A.
Penny, H. Dean
RALEIGH CONT.
Rohrbaugh, Richard R.
Sutter, Karl V.
Venters, Samantha
Wilson, Jon E.
Wilson, Mark S.
TEXAS
AUSTIN
Boecker, Brian C.
Van Leeuwen, Andrew
DALLAS
Hall, James R.
Henigsman, Dean A.
Hoppers, Kevin P.
Nathan, Aaron W.
Smith, Eric Z.
Swindler, Roderick P.
Wilshire, Roy L.
FORT WORTH
Arnold, Scott R.
Gary, Glenn A.
James, Jeffery
FRISCO
Brig non, Brit A.
McCracken, Paul D.
HOUSTON
Frysinger, Chris V.
Guillory, Michael B.
LAS COLINAS
Tribble, Guy B.
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
PREPARATION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
DOCUMENTATION FOR THE TOWERS AT KOLL CENTER
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this Z-'bl*day of November,
2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and KIMLEY-HORN AND ASSOCIATES,
INC., a North Carolina corporation ("Consultant"), whose address is 765 The City Drive,
Suite 200, Orange, California 92868, and is made with reference to the following:
RECITALS
A. On February 23, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to prepare California
Environmental Quality Act (CEQA) Documentation for The Towers at Koll Center
("Project").
B. On January 23, 2017, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, extend the term of the Agreement, and to increase the
total compensation.
C. On October 3, 2017, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to extend the term of the Agreement.
D. An extended Project schedule and changes to the Project scope require new and
additional work efforts beyond those contemplated under the Agreement, as
amended.
E. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. 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. One, 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.
2. 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 and incorporated herein by
reference.
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 Three Hundred Eighty
Two Thousand Four Hundred Forty Dollars and 00/100 ($382,440.00), 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 One
Hundred Forty Four Thousand One Hundred Ninety Dollars and 00/100
($144,190.00).
3. 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]
Kimley-Horn and Associates, Inc. Page 2
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: l
B (c..l
Y�
Aaron C. -'Warp
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
CONSULTANT:
Associates, Inc.,
corporation
Date:
Kimley-Horn and
a North Carolina
C �
By: -5�By: C'La' c�-e Ll o'
Leilani I. Brown Serine Ciandella
City Clerk
Attachments:
Sr. Vice President
Date: 2 O
By:
or�F6r—es..
Sr. Vice President
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Kimley-Horn and Associates, Inc. Page 3
*'AVM I Vol W.A
SCOPE OF SERVICES
KOLL CENTER RESIDENCES SCOPE OF WORK
1. Technical Studies
• Revise Air Quality, Greenhouse Gas, and Noise technical studies.
,b
• Conduct additional rounds of review of the traffic study and the parking
study.
2. Administrative Draft EIR
• Revise Administrative Draft EIR sections including, but not limited to,
Executive Summary, Air Quality, Greenhouse Gas, Noise, Land Use and
Planning, and Alternatives based on new and revised technical studies.
• Reconcile Administrative Draft EIR with changes to nomenclature used to
describe the residential buildings on the Project site.
• Revise Project statistics including, but not limited to, park acreage, number
of parking spaces, residential unit counts and characteristics, square
footage assumptions for land uses, and building heights.
• Conduct additional analysis of divided communities in the Land Use and
Planning section of the Administrative Draft EIR.
• Modify cumulative analysis for the City of Irvine.
• Modify shade/shadow analysis to assess effects with existing land uses,
and effects with the Project, as well as additional exhibits.
• Analyze/evaluate five (5) alternatives, inclusive of a rejected alternative.
3. Draft EIR. Revise Draft EIR sections including, but not limited to, the Project
description, the characterization of the Project, and Project statistics.
4. Project Management and Coordination. Conduct ongoing project management
and coordination.
5. Team Meetings. Attend additional team meetings.
6. Public Hearings. Attend two (2) public hearings.
Kimley-Horn and Associates, Inc. Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
Kimley-Horn and Associates, Inc. Page B-1
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CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 5/12/17 Dept./Contact Received From: Terresa
Date Completed: 6/30/17 Sent to: Terresa By: Alicia
Company/Person required to have certificate: Kimley-Horn & Associates, Inc.
Type of contract: 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 + 5M Umbrella
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
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?
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
UMV
N/A
® Yes ❑ No
Haulers only): ® N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No
H. NOTICE OF CANCELLATION: ❑ N/A ® 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
1M
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY EFF: 4/1/17-4/1/18 CARRIER: LLOYDS OF LONDON
Non -Admitted LIMIT: 2M/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
6/30/17
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:
Risk Management approval needed due to Professional Liability carrier being non -admitted Sheri approved 5/15/17
Approved:
Risk Management Date
* Subject to the terms of the contract.
�1 AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
`j PREPARATION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
DOCUMENTATION FOR THE TOWERS AT KOLL CENTER
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 3rd day of October, 2017
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and KIMLEY-HORN AND ASSOCIATES,
INC., a North Carolina corporation ("Consultant'), whose address is 765 The City Drive,
Suite 200, Orange, California 92868, and is made with reference to the following:
RECITALS
A. On February 23, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement') for to prepare California Environmental Quality Act
(CEQA) Documentation for The Towers at Koll Center ("Project').
B. On January 23, 2017, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One') to reflect additional services not previously
included in the Agreement, to extend the term of the Agreement, and to increase
the total compensation.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to September 30, 2018.
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 September 30, 2018, unless terminated earlier as set forth herein."
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. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
ATTEST:
Date: �•
By: vINW
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ��Z/�a� / 7
By:
Seimone Jurjis
Community D elopment Department
Director
CONSULTANT: Kimley-Horn and
Associates, Inc., a North Carolina
corporation
Date: to /c)3 /l 7
By: actm as-LUA -
Serine Ciandella
Sr. Vice President
Date: o3 7
By:
Geo Fares, P. .
Sr. Vice President
[END OF SIGNATURES]
Kimley-Horn and Associates, Inc. Page 2
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 5/12/17 Dept./Contact Received From: Terresa
Date Completed: 6/30/17 Sent to: Terresa By:
Alicia
Company/Person required to have certificate: Kimley-Hom & Associates, Inc.
Type of contract: All Other
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 $1M or greater): What is limit provided? 1Iv2M+5M Umbrella
E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation) ® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers) ® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
EFFECTIVE/EXPIRATION DATE: 4/1/17-4/1/18
its officers, officials, employees and volunteers): Is it
A.
INSURANCE COMPANY: National Union Fire Ins. Co.
included?
® Yes
❑ No
1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
C.
ADMITTED COMPANY (Must be California Admitted):
included): Is it included?
® Yes
❑ No
J. CAUTION! (Confirm that loss or liability of the named insured
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
is not limited solely by their negligence) Does endorsement
UM, $2M min for Waste Haulers): What is limits provided?
include "solely by negligence' wording?
❑ Yes
® No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
E 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?
1M
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:
M Yes ❑ No
M Yes ❑ No
1M
M Yes ❑ No
M N/A ❑ Yes ❑ No
❑ N/A M Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY EFF: 4/1/17-4/1/18 CARRIER: LLOYDS OF LONDON
Non -Admitted LIMIT: 2M/2M ❑ N/A M Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ElNo
V BUILDERS RISK
M N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? M Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
6/30/17
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
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:
Risk Management approval needed due to Professional Liability carrier being nori-admitted Sheri approved 5/15/17
Approved:
Risk Management Date
* Subject to the terms of the contract.
631
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
PREPARATION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
DOCUMENTATION FOR THE TOWERS AT KOLL CENTER
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 23rd day of January, 2017
("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and KIMLEY-HORN AND ASSOCIATES,
INC., a North Carolina corporation ("Consultant'), whose address is 765 The City Drive,
Ste. 200, Orange, California 92868, and is made with reference to the following:
RECITALS
A. On February 23, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement') to prepare California Environmental Quality Act
(CEQA) Documentation for The Towers at Koll Center ('Project').
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to September 30, 2017 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
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 September 30, 2017, 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 and Exhibit A to this Amendment No. One 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 amended in its entirety and replaced with the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference. The City may elect to delete certain Services within the Scope of Services at
its sole discretion.
CDD
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 Eight Thousand Two Hundred Fifty Dollars and 001100 ($238,250.00), 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. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Forty Four Thousand Three Hundred Sixty Six Dollars and 00/100 ($44,366.00).
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]
Kimley-Horn and Associates, Inc. Page 2
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
Date: t /11/1T
By: ✓��K c f.,)
Aaron C. Harp
City Attorney
ATTEST:
Date: �.
C
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 1� 3pj 1�
By: G—
Dave ff
City Manager
CONSULTANT: Kimley-Horn and
Associates, Inc., a North Carolina
corporation
Date: o 1/0-1 // 1
By:
Se ine Ciandella
Sr. Vice President
Date: / 7 / Z o / 7
f 11
By:
George Fares, P.E.
Sr. Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Kimley-Horn and Associates, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Kimley-Horn and Associates, Inc. Page A-1
Kimley»)Horn
October 14, 2016
Ms. Rosalinh Ung
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RE: Letter Agreement to Prepare a Parking Study for the Proposed Kola Center Residences
Project in the City of Newport Beach
Dear Ms. Ung:
Kimley-Horn and Associates, Inc. ("KHA" or "the Consultant") is pleased to submit this letter
agreement (the "Agreement") to the City of Newport Beach ("the Client") to provide a Parking Study
for the proposed Koll Center Residences project in the City of Newport Beach. Our project
understanding, scope of services, schedule, and fee are below.
Project Understanding
The Koll Center Residences project will consist of the construction of residential towers, support retail,
and parking structures on portions of the surface parking lots for the Koll Center office development
in the City of Newport Beach. The project will result in the removal of some of the existing surface
parking for the Koll Center offices, and will provide replacement parking with a combination of
underground, surface, structured and parking. The project will require management of the parking,
to ensure that an adequate parking supply is maintained for the existing office uses at all times
throughout the construction phases and upon project completion. Parking management techniques
may include valet parking, off-site parking with shuttle, or other options as proposed by the applicant.
The City requires a parking study and evaluation of the parking management plan to evaluate the
adequacy of the parking supply during all phases of construction, and at project completion. Our
proposed Scope of Services is as follows.
SCOPE OF SERVICES
• Obtain a copy of the project site plan showing the site layout and all parking areas with the
number of parking spaces that will be provided for each phase of project construction and project
completion.
• Prepare a parking summary table for the project, showing the City's parking requirements based
on the City's parking code for the Existing site uses, and for the proposed project land uses for
each phase of the project. The table will provide the square footage and unit counts of each of
the uses associated with the project, and the parking requirement per the City's municipal code,
and will compare the parking requirements to the existing and proposed parking supply.
765 The City Drive, Suite 200, Orange, CA 92868 714 939 1030
Kimlep Horn Ms. Rosalinh Ung, October 14, 2016, Page 2
Existing Parking Demand
• Conduct a parking space inventory survey to verify the existing number of parking spaces
throughout the Koll Center. We will work with the applicant and the City to define the boundaries
of the parking survey. The parking inventory summary will include documentation of the parking
supply by space type, such as ADA accessible, reserved or restricted spaces, short-term parking,
compact parking, etc.
Conduct parking data collection for the center to measure actual parking utilization for the
existing office uses.
We will conduct on-site parking demand counts during typical operations on two typical
weekdays. The suggested parking data collection times would be 8:30 AM to 4:30 PM — 8
hours of data collection per day for a total of 16 hours of parking data collection. These times
will be confirmed with the City and the applicant based on the typical hours of operation at
the Koll Center. (Note: A parking supply of approximately 1,500 parking spaces will require
3 data collectors to conduct counts on an hourly basis, fora total of 48 hours of data collection
personnel time.) The actual days and hours of data collection will be confirmed with the City
to ensure concurrence with this proposed methodology.
• We will work with the Applicant and City staff to confirm the extent of the area of data
collection.
• Parking data will be collected hourly, and broken into parking zones, to develop an
understanding of the distribution of existing parking demand across the site.
• Obtain information about the existing site uses and square footages for each of the buildings, and
to the extent available, the estimated occupancy for each building at the time the parking data is
collected.
• Using the parking data, determine the peak parking demand for the existing site uses, in terms of
peak number of occupied parking spaces, and peak parking demand times.
Construction Phase Parking
• Prepare an analysis of the Existing and Proposed parkingsupply compared tothe parking required
for each phase of the project construction including:
2. Phase A — ParkingStructure
a) Interim conditions during construction of the Phase A Parking Structure, with the loss of
surface parking in Lot 5 and Lot F;
b) Phase A completion.
765 The City Drive, Suite 200, Orange, CA 92869 714 939 1030
Kimley »> Horn Ms. Rosalinh Ung, October 14, 2016, Page 3
2. Phase 1—Residential Tower 1 and Parking Structure
a) Interim conditions during construction of the Phase 1— Residential Tower 1 and Parking
Structure, with the loss of the Lot 1 and Lot C surface parking;
b) Phase 1 completion.
3. Phase 2 —Residential Towers 2 and 3 and Parking Structures
a) Interim conditions during construction of the Phase 2 — Residential Towers 2 and 3 and
Parking Structures, with the loss of the Lot 3 surface parking;
b) Phase 2 completion.
4. Phase 3 —Modifications to Existing Parking Areas and Park Construction
a) Interim conditions during Phase 3;
b) Phase 3 completion
• Describe and evaluate the parking management techniques proposed by the applicant for each
phase of the project construction and project completion.
• Prepare a Parking Study summarizingthe results of the parking data collection, data analysis, and
findings and recommendations for the parking supply and parking management during the
various phases.
• Attend Project Team meetings (including team meetings, meetings with City staff, phone
conference calls, etc.) as requested by the City. For planning and budgeting purposes, up to 8
hours of meeting attendance time is assumed.
Additional Services
Any services not specifically described in the above scope, as well as any changes in the scope the
Client requests, will be considered Additional Services and will be performed at our then -current
hourly rates. Prior to commencing the Additional Services, Consultant shall obtain the prior written
approval of Client. Additional services we can provide include, but are not limited to, the following:
• Preparation of a Shared Parking analysis
• Evaluation of revised plans or plan elements
• Preparation of materials for and/or attendance at additional team meetings,
• Attendance at Community Meetings or Public Hearings,
• Any other services not expressly included above.
�I 765 The City Drive, Suite 200, Orange, CA 92868 714 939 1030
Kimley>>> Horn Ms, Rosalinh Ung, October 14, 2016, Page 4
FEE AND BILLING
KHA will perform the Scope of Services outlined above for a lump sum fee as detailed below.
Labor Tasks
Fee
Information Gathering / Field Visit / Parking Inventory
$ 2,500
Parking Data —Coordination and Analysis
3,500
Preparation of Report
4,000
Meetings (up to 8 hours)
2.000
TOTALLABOR
$12,000
Expenses
Parking Data Collection $ 2,400
Office Expenses (Phone, reproduction, postage, 575
delivery, mileage, computer)
TOTAL LABOR AND EXPENSES $14,975
Optional Tasks — If Requested by Client
Attendance at Additional Team Meetings (per Meeting) $ 750
Attendance at Public Hearings (per Hearing) $ 1,250
This breakdown by task is provided for information purposes only, and is not intended to represent a
firm budget for each task. Budget may be reallocated among tasks, as necessary, according to the
requirements of the project.
Laborfee will be billed monthly according to the percentage of the project that has been completed.
All permitting, application, and
similar projectfees will be paid directly by the Client or reimbursed (separately from any fees provided
in this document) by the Client.
Schedule
We are prepared to begin work upon receipt of your authorization to proceed, and will endeavor to
meeting your scheduling needs. We anticipate completion of an internal draft of the parking
evaluation within one week of receipt of the City's concurrence and receipt of the parking data.
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only
to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard
Provisions, "Consultant" shall referto Kimley-Horn and Associates, Inc., and "Client' shall referto the
City of Newport Beach.
765 The City Drive,Suite 200, Orange, CA 92868
Kimley»)Horn
November 18, 2016
Revised December 7, 2016
Ms. Rosalinh Ung
City of Newport Beach
Community Development Department
Newport Beach, CA 92660
RE: Scope of Services Amendment Request for Residences at Koll Center Newport Project
Thank you for the opportunity to work with the City of Newport Beach on the Residences at Koll
Center Newport Project. The extended project schedule, changes to the project description and scope
will require additional work efforts beyond those assumed in Kimley-Horn and Associates' scope of
services. Compensation for this amendment is estimated to be $44,366.00 inclusive of professional
services (hourly) fees and direct expenses. These additional efforts are expected to include but may
not be limited to preparation of a parking study; additional project meetings; additional management
and coordination with City staff and the project team; and additional analysis related to the
complexity of issues related in part to changes to the project description and increased attention to
the project by property owners and the community. This letter shall serve as a request to amend our
original assigned Professional Services Agreement associated with the following efforts:
Preparation of a Parking Study. This is a new work effort. A separate proposal was submitted
to the City for the study. The fee associated with the Parking Study is reflected in this fees
identified below.
• Our scope of work assumed attendance of six team meetings by Ms. Privitt and two meetings
by Ms. Ciandella. To date, Ms. Privitt has attended four meetings, and Ms. Ciandella has
attended five meetings. We are assuming 20 additional hours for meeting attendance.
• The applicant has made several changes to the project in response to City comments that
have resulted in a change to the footprint of the project site and an additional project
element, construction operational changes, as well as an extension to the timeframe of the
project.
• Additional project management because of the complexity of the project and extensions in
the schedule.
• Additional analytic effort associated with the increased complexity of the project and
potential for action by outside parties. Additional requested fees would be for senior and
analyst staff.
..765 The. City Drive, Suite 200, Orange, CA 92868
Kimley>>> Horn
Estimated Fee
Page 2
This breakdown by task is provided for information purposes only, and is not intended to represent a
firm budget for each task. Budget may be reallocated among tasks, as necessary, according to the
requirements of the project.
Task 4: Environmental Impact Report
$15,750.00
Task 6: Project Management and Coordination
$12,357.00
Parking Study
$12,000.00
Total Labor
$40,107.00
Direct Expenses (Parking Study and EIR)
4,259.00
Fee
$44,366.00
I
765 The City Drive, Suite 200, Orange, CA 92868 714 9391030
EXHIBIT B
SCHEDULE OF BILLING RATES
Kimley-Horn and Associates, Inc. Page B-1
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CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 5/2/16 Dept./Contact Received From: Terresa
Date Completed: 5/16/16 Sent to: Terresa By: Alicia
Company/Person required to have certificate: Kimley-Hom & Associates, Inc.
Type of contract:
I. GENERAL 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 (Must be $11M or greater): What is limit provided?
1M/2M
E.
ADDITIONAL INSURED ENDORSEMENT—please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
E Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
E Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
E 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 E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A E 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 $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1M
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):
E N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes E No
H.
NOTICE OF CANCELLATION:
❑ N/A E 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):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1M
F.
WAIVER OF SUBROGATION (To include): Is it included?
M 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: 411/16-4/1/17 CARRIER: LLOYDS OF LONDON
Non -Admitted LIMIT: 2M/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
5/16/16
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 $ ) El -]Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed due to Professional Liability carrier being non -admitted. 5/10/16 Sheri
Approved:
Risk Management Date
" Subject to the terms of the contract.
�- PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
PREPARATION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
DOCUMENTATION FOR THE TOWERS AT KOLL CENTER
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
i entered into as of this 23rd day of February, 2016 ("Effective Date"), by and between
C� the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation
("Consultant'), whose address is 765 The City Drive, Suite 200, Orange, California
92868, 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 to prepare California Environmental Quality
Act (CEQA) Documentation for The Towers at Koll Center ('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 September 30, 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.
3. TIME OF PERFORMANCE
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 One Hundred
Ninety Three Thousand Eight Hundred Eighty Four Dollars and 00/100
($193,884.00), 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.
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
Kimley-Horn and Associates, Inc. Page 2
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 Dana C. Privitt, AICP 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. 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
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
Kimley-Horn and Associates, Inc. Page 3
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 (that to the extent are caused by 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.
Kimley-Horn and Associates, Inc. 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
Kimley-Horn and Associates, Inc. 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.
Kimley-Horn and Associates, Inc. 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.
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 for a 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
Kimley-Horn and Associates, Inc. Page 7
borne 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: Rosalinh Ung, Associate Planner
Community Development Department
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: Dana C. Privitt, AICP
Kimley-Horn and Associates, Inc.
765 The City Drive, Ste. 200
Orange, CA 92868
Kimley-Horn and Associates, Inc. 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.
Kimley-Horn and Associates, Inc. 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]
Kimley-Horn and Associates, Inc. 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: `I Iq/I(P
By: C ((:�r)
Aaron C. Harp �r
City Attorney
ATTEST: 1 `^
Date: 6 P/
By: a` "p` _
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California m nicipal corporation
Date: L'- 0 ,
By. c 0 % -
Diane B. Dixon
Mayor
CONSULTANT: Kimley-Horn and
Associates, Inc., a North Carolina
corporation
Date:
By: (, k /kd zal -
S'erine Ciandella
Sr. Vice President
Date:
By:
George Fares, P.E.
Sr. Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Kimley-Horn and Associates, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
Kimley-Horn and Associates, Inc. Page A-1
Proposal for
The Towe
Koll Center
Scope of Services
The Towers at Koll Center Newport Project EIR will be prepared in accordance with the requirements
in the California Environmental Quality Act (Public Resources Code 21000 at seq.), the State CEQA
Guidelines (California Code of Regulations, Section 150000 at seq.), and the Newport Beach City
Council Policy K-3, "Implementation Procedures for the California Environmental Quality Act." The
EIR will consider all appropriate environmental issues and concerns, balancing community and public
agency interests within the boundaries of the regulatory review process and procedures.
Kick-off Meeting
Kimley-Horn's Project Manager, Dana PrIvItt, Assistant Project Manager Jonathan Carey, and Traffic
Engineer, Serine Ciandella, will participate in the kick-off meeting with City staff and the Applicant
in order to confirm the approach to the project; the scope of the EIR and technical studies; and the
expectations for communication protocol and the administrative record. The meeting discussion will
include any known project issues and agency and community issues that need to be considered
throughout the process. It is our understanding that technical studies prepared by the Applicant's
consultants will be provided to Kimley-Horn at the kick-off meeting. Following this meeting, we
will provide the City with the proposed EIR section format with a sample section, the proposed EIR
significance thresholds; the project schedule; and contact information for the Kimley-Horn Project
Team.
Data Review and Site Reconnaissance
Kimley-Horn will conduct a site reconnaissance, and review all available project materials, as well as
policy documentation for the City and any other applicable agencies. Kimley-Horn will assess whether
available information is adequate and complete. The City will be notified if additional information is
needed and will be provided a list of data needs in writing.
Project Description
The Project Description is a critical component of the EIR because it is the basis for the entire
environmental analysis. Therefore, we will provide the draft Project Description as an initial deliverable.
Based on information provided by the City and the Applicant at the kick-off meeting and in response
to our data needs request, Kimley-Horn will prepare a Project Description to support the Notice of
Preparation (NOP). One of the critical components of the Project Description is the Applicant's project
objectives. Identifying the project objectives should be a key discussion in the kick-off meeting and a
priority item for preparation by the Applicant. The objectives should be specific enough to describe the
goals of the project, as well as broad enough to allow for consideration of a reasonable range of CEQA
alternatives.
Task 1 Deliverables
Two (2) print copies and one (1) electronic copy will be provided for the following deliverables.
• Draft Project Description
• EIR Section Format and Section Example
• Draft Thresholds of Significance
• Contact Information
• Project Data Needs List
• Project Schedule
City of Newport Beach I EVRS77001.16 Kimley»)Horn
Proposal for
The
Koll C
Notice of Preparation
The City has already identified that an EIR is required. Therefore, Kimley-Horn's Scope of Work
assumes that an Initial Study is not required and that a detailed Notice of Preparation (NOP) will be
prepared to provide a description of the project; anticipated alternatives to be evaluated; and expected
discretionary actions and permits required for project implementation. We have previously used this
approach on other EIRs in the City, however, an Initial Study can be prepared if determined by the City
to be necessary.
The NOP will identify environmental issues to be addressed in detail in the EIR and will provide
sufficient information to allow for environmental topics and checklist questions to be "focused
out" with supporting data. Topical issues expected to be focused out include Agriculture/Forestry
Resources and Mineral Resources. We also recommend focusing out the topic of Biological Resources
through the NOP. The project site is currently developed. The only vegetation is limited to ornamental
trees and therefore a biological assessment or tree survey is not needed. The NOP, as well as the
EIR, can identify that the project would be required to comply with Migratory Bird Act requirements
regarding disturbances during the breeding season.
Upon receipt of City comments, Kinley-Hom will revise the NOP and resubmit in track/change for
City approval. The NOP will be distributed to State and local agencies, surrounding property owners,
and other parties identified by the City. The NOP will also identify the date and location of the Scoping
Meeting. It will be filed with the County Clerk and provided to the City for posting on the City's website.
Kimley-Horn will also prepare and submit the Notice of Completion (NOC) to the State Office of
Planning and Research's (OPR) State Clearinghouse. We suggest that a separate scoping meeting
notice be prepared that also Identifies the availability of the NOP for public review. This notice can
have a broader distribution at a more affordable cost than Is associated with distribution of the NOP.
Public Scoping Meeting
Kimley-Horn will assist the City in organizing and conducting the Public Scoping Meeting to be held
during the 30 -day NOP review period. We will provide an overview of the proposed project and
key issues to be evaluated in the EIR, describe the CEQA process, and identify opportunities for
subsequent public input and review of the EIR. Following presentations, the focus of the meeting
will be on the public and agencies having the opportunity to ask questions and make comments.
In a cooperative atmosphere, the meeting allows the City, Applicant, and Kimley-Horn to hear any
environmental concerns that are appropriate for inclusion in the EIR.
Kimley-Horn will be responsible for preparing a PowerPoint presentation and handouts. We will also
provide written comment cards that can be filled out during the scoping meeting or mailed into the City.
Both oral and written comments will be a part of the administrative record for the project; provision
of a court reporter is not included in this proposal. Following the close of the public comment period,
Kimley-Horn will compile and briefly summarize the comments received and submit the summary to
the City in the form of a Scoping Memo to ensure that the points raised during scoping are addressed
in the EIR as appropriate.
City of Newport Beach I MS77001.16 Kimley>) Horn
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Comments received in response to the NOP and at the Scoping Meeting will be evaluated during the
preparation of the Administrative Draft EIR. At the conclusion of the comment period, Kimley-Horn will
Identify if any project modifications or adjustments are needed or desirable to address regulatory or
community issues, and/or to promote features desired by the local community. Any necessary scope
changes would be made at this time.
Task 2 Deliverables
• Draft NOP, NOC, and Scoping Meeting Notice: two (2) print copies and one (1) electronic copy
• Reproduction and Distribution of the NOP, NOC, and Scoping Meeting Notice:
• Fifty (50) print copies and one (1) electronic copy of the NOP (certified mail to agencies, regular
mail to general public)
• NOC to OPR (certified mail)
• Up to fifty (50) print copies of Scoping Meeting Notice (regular maig
• Preparation of materials for and participation at the Scoping Meeting
• Scoping Memo
KIMLEY-HORN TEAM TECHNICAL REPORT PREPARATION
The following technical studies would be prepared as stand-alone technical studies for the EIR. Each
of these studies will be prepared to address pertinent technical requirements, provide significance
determinations, and recommend mitigation measures as necessary. This information will be
summarized in the EIR with appropriate references to the corresponding technical study appended to
the EIR. For each study, our Scope of Work includes responses to two rounds of review by the City/
Applicant comments (one draft review and one revised draft review). Should changes be requested
to one or more studies based on changes to the project, Kimley-Horn will provide a budget augment
request to the City.
Transportation
Kimley-Horn will prepare the Traffic Impact Analysis (TIA) that will serve as the basis for the Traffic
section of the EIR. The TIA will be prepared to satisfy both CEQA and City of Newport Beach Traffic
Phasing Ordinance (fPO) requirements. The traffic scope is summarized below.
Site Evaluation. Kimley-Horn will conduct a field review of the study area to investigate and record
information including but not limited to existing project driveways and site access; site circulation;
intersection control; lane configurations; existing on-site parking; locations of pedestrian crosswalks;
posted speeds; traffic control; existing driveway locations; and transit stop locations. This information
will be documented in the TIA and used to calculate intersection operation levels.
We will review related documents and data provided by the City and Applicant to supplement the
fieldwork. Information would include the land use plan; land uses and quantities; proposed site
access, including proposed changes to existing site access; parking and on-site circulation, including
changes to the location of the access points to the existing and future proposed access to parking;
and other site features related to traffic flow. It is anticipated that most of this information will be
made available at the kick-off meeting.
City of Newport Beach I EVRS77001. 16 Kidep Horn
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Identification of Traffic Study Area. This Scope of Work assumes the evaluation of 29 traffic study
area intersections inclusive of locations in Newport Beach and Irvine, as well as Caltrans freeway
ramps. Because of our existing work with the City on the adjacent One Newport Hotel project, we have
current traffic information from both cities. Therefore, we anticipate that traffic data collection will be
required at no more than four intersections in order to have peak hour tuming movement data for all
traffic study area intersections.
Pro%ectAssumptions. Project trip generation estimates will be based on the Institute of
Transportation Engineers (ITE) Trio Generation Manual (9th Edition). Daily and peak hour trip
generation for each of the project alternatives will also be provided. We will also provide estimates
of project -related average daily traffic (ADT) and Year 2020 forecast ADT volumes. We will use
current ADT data and will collect traffic count data as necessary. We will develop trip distribution
and assignment assumptions for the project traffic based on likely origins and destinations of
project residents and visitors. The trip assignment assumptions will account for changes to existing
trip patterns that would be associated with the removal of existing parking lots to allow for site
development, and the proposed entries to the new parking facilities. All project trip generation and trip
distribution assumptions will be provided to the City for review and concurrence prior to proceeding
with the traffic Impact analysis.
Traffic Impact Evaluation. The TIA will evaluate the following scenarios:
• Existing Conditions (using current traffic counts and intersection lane configurations)
• TPO Analysis:
a. Year 2020 without Project: Existing + Growth + Committed Projects (including Uptown Newport)
b. Year 2020 with Project: Existing + Growth + Committed Projects + Project
• CEOAAnalysis:
a. Year 2020 Cumulative without Project: Existing + Growth + Cumulative Projects (including One
Newport Hotel)
b. Year 2020 Cumulative with Project: Existing + Growth + Cumulative Projects + Project
The evaluation of General Plan buildout without and with the proposed project is not assumed. This
long-range analysis can be prepared as a separate, additional services task.
We will analyze Newport Beach intersection operations using the Intersection Capacity Utilization (ICU)
methodology, consistent with TPO requirements. City of Irvine intersections will be evaluated using
the Irvine ICU analysis methodology. Caltrans intersections will also be evaluated using the Highway
Capacity Manual (HCM) delay methodology, as required by the Caltrans Guide for the Preparation
of Traffic Impact Studies. Additionally, the traffic study will address any potential project impacts
to Congestion Management Program (CMP) intersections consistent with the County's CMP Traffic
ImpactAnalysis Requirements.
TPO Evaluation. Kimley-Horn will obtain TPO Committed Projects information, including project
trip generation and distribution from approved traffic studies, from the City of Newport Beach. For
Committed Projects for which an approved study is not available, we will develop trip generation and
trip distribution assumptions. We will work with City staff to determine if there are any necessary
City of Newport Beach I EVRS77001.16 Kimley>>Morn
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changes or additions to the Committed Projects list as of December 11, 2015. The TPO1 % analysis
will be prepared to first determine whether the proposed project's trips would increase traffic volumes
for any leg of a Primary Intersection by 1 percent or more during either the morning or evening peak
hour. Where the proposed project would result In an exceedance of the 1 percent threshold, a Level of
Service analysis will be prepared.
Cumulative Conditions. Cumulative Conditions will take into account ambient traffic growth and
anticipated traffic from cumulative projects in the cities of Newport Beach and Irvine. Irvine Traffic
Analysis Model ([TAM) forecast data for the Irvine study intersections will be obtained from the City
of Irvine. Kimley-Horn will develop trip distribution and assignment assumptions for each project
based on approved traffic studies where available; we will develop trip generation and trip distribution
assumptions where traffic studies are not provided. Cumulative project traffic volumes at the traffic
study area intersections will be identified.
CEQA Evaluation. Kimley-Horn will obtain information from the cities of Newport Beach and Irvine
regarding any committed roadway or intersection improvements planned to be completed within one
year of the project opening. We will develop peak hour turning movement forecasts for the project
Opening Year for the study intersections in both cities. If needed, measures will be presented to
mitigate the impacts of the proposed project at the study locations. The resulting level of service
with implementation of proposed mitigation will be presented. Where mitigation is required, a
conceptual drawing of the recommended improvement will be provided. This Scope of Work assumes
mitigation concept (non -engineered) plans will be prepared for up to three study intersections; this
includes preliminary cost estimates and project contribution percentages for each of the mitigated
intersections.
In addition to traffic study area intersections, the TIA will evaluate the proposed access provisions for
the project, as well as the future access to the parking facilities for the existing office buildings. To
the extent available, we will provide a brief evaluation of the proposed project site entries, and on-site
queuing, including analysis and discussion of traffic queues at the gated entrances. In addition to
project buildout conditions, Kimley-Horn will provide information on construction phase traffic issues,
including debris haul and construction material truck movements, likely haul routes, construction
crew parking, hours of construction, and the requirement for the preparation of a construction traffic
management plan. Please refer to Section D, Attachment D for the Traffic ImpactAnalysis draft
Scope of Services.
Optional Item. If requested by the City, we will complete a Level -of -Service analysis based on
vehicles miles traveled (VMT) in compliance with Senate Bill (SB) 743 and changes to the CEOA
Guidelines. This analysis would include calculating:
• ProjectVMT.
• Project VMT on a per -capita basis based on number of residents, employees, square footage, size,
or other variable.
• Comparison of Project VMT to the baseline VMT for the City, such as per capita, per capita/
employment, or other measure. The comparison would be conducted for existing VMT and future
General Plan buildoutVMT.
City of Newport Beach j EVRS77001.16 Kimley> Horn
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Air Quality
The Air Quality, Greenhouse Gas (GHG) Emissions, and Noise Technical Reports will be prepared by
Landrum and Brown as a part of the Kimley-Horn Team to evaluate potential impacts associated with
the construction and operation of the project. With respect to air quality, the existing air environment
will be described in terms of meteorology, local topography affecting pollutant dispersion, and ambient
air monitoring data. A summary of current air management efforts that may be related to the proposed
project will be provided with particular emphasis on the applicable requirements of the 2012 Air
Quality Management Plan (AQMP), and the requirements for air quality assessments identified in the
South Coast Air Quality Management District (SCAQMD) CEQA Handbook. The 2016 AQMP is under
preparation. If the draft 2016 AQMP is released prior to commencing the air quality study, a summary
of the document will be included. If the 2016 AQMP is finalized prior to commencing the air quality
study, the primary discussion will reflect the 2016 AQMP. Sensitive receptor areas within the project
vicinity will be identified. Quantification of project -related criteria air pollutant and emissions will be
conducted using the California Emissions Estimator Model (CaIEEMod).
Criteria Pollutants — Construction. A project -specific construction evaluation will be prepared
based on information provided by the Applicant regarding the construction schedule, workforce,
construction equipment, and grading/earth moving quantities. Construction emissions will be
compared to SCAOMD's significance threshold, including their regional thresholds and localized
significance thresholds (LSTs). The LST Methodology requires modeling depending on the size of the
construction project; air dispersion modeling is assumed. Measures can include, but are not limited
to, staging construction activities to avoid overlap; and the use of newer model year engines, engine
retrofit technology, after -treatment products, or other available options to reduce emissions from
equipment.
Criteria Pollutants—Operations. Long-term emissions due to the project will be generated from
increased traffic; combustion of natural gas for water, space heating, and landscaping equipment;
consumer products; and architectural coatings. Emissions from these activities will be identified.
Trip generation data from the TIA will be used to estimate vehicular emissions associated with the
project. CalEEMod default assumptions based on the size of the project will be used to estimate
emissions from the other sources. The emissions generated by the long-term operation of the project
will be assessed and compared to the SCAQMD Regional Significance Thresholds. Because the LST
Methodology is not appropriate for on -road vehicle emissions, on-site emissions will be compared
with both the regional and LST significance thresholds.
Peak hour traffic volumes and physical conditions will be used to assess if the proposed project could
result in air pollutant concentrations exceeding the ambient air quality standards near intersections
affected by project traffic. In the event that Kimley-Horn's traffic analysis forecasts that Intersection(s)
would degrade to level of service (LOS) E or LOS F due to project -related traffic, a carbon monoxide
(CO) "hot spots" analysis will be prepared. Measures will be developed to reduce significant air quality
impacts to the extent possible.
AQMP Consistency: As it applies to Newport Beach, the South Coast Air Basin is designated under
the California and/or National ambient air quality standards for ozone, particulate matter (PM10 and
PM2.5), and nitrogen dioxide. Consistency of the project's regional emissions will be evaluated against
the SCAQMD Air Quality Management Plan. The primary purpose of an air quality plan is to bring an
area that does not meet federal and State air quality standards into compliance with the requirements
of the federal Clean Air Act and California Clean Air Act. The determination of AOMP consistency is
primarily concerned with the long-term influence of a project on air quality in the Air Basin.
City of Newport Beach I MS77001.16 Kimley>>)Horn
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Greenhouse Gas Evaluation
Section 15064.4 of the CEQA Guidelines provides guidance for determining the significance of
impacts from GHG emissions. The Guidelines call on the lead agency to make a good -faith effort—to
the extent possible on scientific and factual data—to describe, calculate, or estimate the amount
of GHG emissions resulting from a project. Based on GHG analyses prepared for other residential
projects in the Newport Beach and with concurrence of City staff, the emissions screening threshold
of 3,000 metric tons per year is proposed to assess the potential impacts of the project.
Information will be requested from the Applicant regarding project design features that may reduce
GHG emissions, such as energy efficiency programs, water conservation measures, and solid waste
reduction measures. The CaIEEMod model will be used to estimate the primary GHG emissions from
operation of the project including vehicular usage, natural gas consumption, electrical generation,
water consumption, solid waste generation, and other operational activities. GHG emissions
associated with construction will be estimated as well. Per SCAQMD guidance, construction emissions
will be amortized and added to the operational emissions. The total emissions will be compared to the
significance threshold to determine significance. Mitigation measures will be developed as necessary.
Noise and Vibration
Potential noise and vibration impacts will be evaluated according to applicable City of Newport
Beach noise and vibration criteria in the General Plan and the Noise Ordinance. The project site
is located approximately 0.4 mile west-southwest of John Wayne Airport and is exposed to traffic
noise from vehicles on Von Karmen Avenue and Birch Street. The existing noise environment in the
project area will be described using the most recent annual noise contours published by John Wayne
Airport, short-term noise measurements, and modeled traffic noise levels. The existing on-site noise
environment from vehicular traffic will be quantified by short-term (up to one-hour) sound level
measurements at four locations conducted during a peak traffic period, on and around the project site.
These measurements will be used to determine and characterize noise sources at the project site and
from surrounding land uses. Simultaneous vehicle counts will be conducted during the measurements
to calibrate the noise model.
Construction. Construction noise at off-site noise -sensitive receptors will be evaluated based
on a preliminary construction equipment list and using published construction data or previously
measured data. Noise levels anticipated by construction will be compared to the limits presented in
the City of Newport Beach Noise Ordinance and in the General Plan. Standard practices that should
be implemented during construction to minimize noise impacts will also be discussed and additional
mitigation will be identified as necessary.
Operations. Long-term impacts include those from activities occurring on the project site as well as
changes in traffic noise levels caused by the project. The future (horizon year) vehicular traffic noise
levels on the project site will be estimated using the Federal Highway Administration (FHWA) Traffic
Noise Model (TNM). Traffic volumes will be obtained from the TIA. The noise impacts associated with
the project's traffic on noise-senslfive land uses along project access roadways will be assessed in
terms of the CNEL noise scale, and the increase in noise levels due to the project will be determined.
Areas that will experience a significant noise increase will be identified. The absolute noise levels
experienced in these areas will then be determined.
City of Newport Beach I EVRS77001.16 Kimley»)Horn
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Noise levels that impact the project site will also be assessed for compatibility with the proposed land
uses. The project will be exposed to aircraft noise from John Wayne Airport, traffic noise from vehicles
on Von Karman Avenue and Birch Street, and noise from activities in the adjacent parking lots. Future
aircraft noise projections from the 2014 John Wayne Airport Settlement Agreement Extension EIR
will be used to estimate aircraft noise exposures. Future buildout traffic volumes and the FHWA
traffic noise model will be used to estimate traffic noise exposures. Standard parking lot noise level
estimates along with the measured short-term noise levels will be used to estimate parking lot activity
noise levels. Noise levels within the project area will be determined and compared to noise/land
compatibility guidelines contained in the City's Noise Element. Specific recommendations to mitigate
noise levels will be provided as necessary.
PEER REVIEW OF TECHNICAL REPORTS
This Scope of Work assumes that the following reports and/or technical assessments will be provided
by the Applicant for our use in the EIR.
• Phase I Environmental Site Assessment
• Geotechnical Feasibility Study
• Shade/Shadow Simulations
• Construction Parking Management Plan (optional)
In addition to the noted studies, our scope assumes that the Applicant will provide hydrology
information and a Preliminary Water Quality Management Plan POMP) for our use in the EIR. We
have made this assumption because both a Hydrology Report and Preliminary WOMP were prepared
by the Applicant for the adjacent development projects. Should this information not be available, it can
be prepared by Kimley-Horn staff.
Upon receipt of the draft technical reports, Kimley-Horn will review each technical report before
they are incorporated into the CEQA document. Our review will focus on the adequacy of the
reports for CEQA purposes only, consistency among reports, and accurate representation of project -
related information. The environmental constraints and issues must be carefully considered, with
mitigation and threshold criteria established to reduce impacts. The level of significance should be
determined and project -specific, and the project's contribution to potential cumulative impacts must
be documented in each of the supporting technical documents. Written comments on the technical
reports will be provided to the City. As an optional item, we will peer review the Applicant's parking
management plan.
Kimley-Horn's Scope of Work assumes that the Applicant's consultant team will complete all
necessary and requested revisions and forward a revised technical document for each subject area
in a timely fashion to maintain the review schedule as noted in this proposal. Upon receipt of revised
technical reports from the preparers, where needed, we will review the revised reports to ensure that
all necessary and required comments have been addressed and resolved.
Task 3 Deliverables
• Draft Traffic, Air Quality, GHG, and Noise Reports (one round of review is assumed): one (1) print
and one (1) electronic copy of each technical report
• Revised technical reports: one (1) print and one (1) electronic copy of each technical report
• CEQA-level peer review of Applicant's technical reports (one round of review is assumed)
• CEQA-level peer review of Applicant's revised technical reports, if required
City of Newport Beach I EVRS77001.16 Kim Iil Horn
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The EIR will include the following sections.,
• Executive Summary
• Introduction
• Project Description
• Existing Conditions; Evaluation of project and cumulative Impacts; and Mitigation Program
• Long -Term Implications of the Project
• Project Alternatives
• Agencies, Organizations and Persons Consulted
• Preparers and References
Project Description
As a component of Task 1, Kimley-Horn will provide the City with the Project Description as well as
the EIR format and thresholds of significance for concurrence by the City. As needed, the Project
Description will be expanded beyond the description in the NOP to include more detailed information
regarding background and history of the project, discretionary actions, characteristics, goals and
objectives, phasing, agreements, and permits and approvals required for the project.
Environmental Analysis
The Environmental Analyses sections of the EIR will discuss the existing conditions for each
environmental issue area; define the criteria by which significance determinations will be made;
identify and evaluate short-term and long-term environmental impacts associated with the project;
and provide levels of significance before and after the application of the Mitigation Program (inclusive
of Project Design Features, Standard Conditions, and Mitigation Measures). Environmental issues
raised as responses to the NOP and at the Scoping Meeting will also be evaluated as appropriate. The
analysis and findings of technical studies (Task 3) will be incorporated into the EIR. The General Plan
policy analysis will be included in the Land Use section of the EIR. The EIR is expected to evaluate the
following environmental topics.
Aesthetics and Visual Resources
The analysis will address the character and compatibility of the project with the surrounding area
and its consistency with applicable policies. The City's development standards, including bulk and
height limits, have helped regulate the visual and physical mass of structures consistent with the
visual scale and unique character of the City and the applicable requirements of the Airport Environs
Land Use Plan (AELUP) for the John Wayne Airport (height restrictions). The assessment of aesthetic/
visual changes will be based on information including a field reconnaissance and site/surrounding
area photographs; a shade/shadow assessment (provided by MVE on behalf of the Applicant); the
proposed amendments to the Koll Center Newport Planned Community (PC -15); review of the General
Plan and the Municipal Code; and the evaluation of the proposed site development in comparison to
existing conditions and planned development. Additionally, the potential for light and glare impacts
associated with the proposed project will also be addressed. Should visual simulations be provided by
the Applicant, they will be included in the design analysis.
Co of Newport Beach I EVRS77001.16 Kimley>>>Horn
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Air Quality
We will summarize the results of the air quality technical analysis prepared by our Kimley-Horn Team.
The EIR section will discuss the existing environment; applicable laws, ordinances, regulations, and
standards; applicable significance criteria and thresholds; the analysis methodology used; the analysis
itself; the resulting impact findings related to CEQA significance and regulatory compliance; the
Mitigation Program; and conclusions.
Cultural Resources
The project does not propose the demolition of existing office buildings on the project site. Based
on prior cultural resources assessments prepared in the project area, no significant impacts to
historic, prehistoric archaeology, or paleontological resources are expected. Kimley-Horn will
have a records search of the project site and a radius buffer prepared at the California Historical
Resources Information System's (CHRIS) Archaeological Information Center located at the Califomia
State University at Fullerton. The records search identifies if there are any designated or previously
evaluated historic resources on the project site or in the vicinity. A paleontological resources
records search will be conducted for the project site at the Los Angeles County Museum, Vertebrate
Paleontology Section, The EIR section will address potential impacts to cultural and paleontological
resources and make recommendations for mitigating any impacts if required.
Assembly Bill (AB) 52 establishes a formal consultation process for California tribes as a part of CEQA
and equates significant impacts on tribal cultural resources with significant environmental impacts.
On behalf of the City, Kimley-Horn will contact the California Native American Heritage Commission to
identify California Native American tribal contacts and tribal representatives will be contacted regarding
the proposed project. Should a request for consultation be received, the City will be required to enter
into a consultation process. Because we do not expect that consultation will be requested, this proposal
does not include any formal meetings or additional consultation with Native American entities.
Soils/Geologic Hazards
The proposed project requires surface and subsurface grading and excavation to prepare the site for
construction and subterranean parking. This Scope of Work assumes that the Geotechnical Report
provided by the Applicant, in addition to currently available information, will be adequate to assess the
potential for impacts associated with seismic activity and site-specific soils/geotechnical conditions.
Mitigation measures will be developed as necessary.
Hazards and Hazardous Materials
This section of the EIR will evaluate potential impacts that could result from the release of hazardous
materials during construction and the long-term operation of the proposed project. As a part of Task
3, Kimley-Horn staff will review the Applicant's Phase I ESA for adequacy. Kimley-Horn will summarize
the findings of the report in order to identify recognized environmental conditions located within the
project site or adjacent properties that could present material risk of harm to public health or to the
environment. Safety issues related to the project's consistency with the AELUP for the John Wayne
Airport will be addressed in the Land Use section of the EIR. Mitigation measures will be developed as
necessary,
City of Newport Beach I EVRS77001.16 Kimley »> Horn
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Hydrology and Water Quality
Given the project site is developed and predominately covered by impervious surfaces, the project is
not anticipated to result in a substantial increase in storm water runoff. Based on the site drainage
and Preliminary WQMP provided by the Applicant, the EIR will address the project's potential impacts
on the existing local drainage system and hydrology of the area, as well as potential surface and
groundwater quality impacts. This section will also identify regional and local water quality issues,
describe existing drainage patterns and systems, and discuss the National Pollutant Discharge
Elimination System (NPDES) permit requirements for the local project area. Mitigation will be designed
to conform to Regional Water Quality Control Board (RWQCB) standards for construction -related site
erosion and sediment control, and will include best management practices (BMPs) as well as City -
specific requirements.
Land Use and Planning
The EIR's Land Use and Planning section will focus on direct land use impacts associated with
physical changes to the project site and surrounding area associated with project implementation.
This can include land use incompatibilities resulting in environmental impacts. The City of Newport
Beach Zoning Code defines compatibility as "The characteristics of different uses or activities that
permit them to be located near each other in harmony and without conflict. Elements affecting
compatibility include: intensity of occupancy, pedestrian or vehicular traffic generated, volume of
goods handled, and environmental effects (e.g., air pollution, glare, hazardous materials, noise,
vibration, etc.)." Therefore, land use incompatibility can occur where differences between nearby uses
result in significant noise and traffic levels, such that project -related significant unavoidable direct and
indirect impacts impede use of the existing land uses as they were intended.
We will evaluate the compatibility/appropriateness of the proposed residential development, park, and
retail uses with the existing office buildings within the project site, as well as the surrounding existing
and planned land uses, to determine the potential for environmental impacts, including off-site access
issues. In addition, Kimley-Hom will discuss the intensification of uses on site and identify potential
project and cumulative impacts to nearby uses. The review will be based, in part, upon project
materials as well as City ordinances and policies, including but not limited to the City General Plan and
General Plan EIR, as well as the proposed revisions to PC -15 Koll Center,
Project implementation requires an amendment to the PC -15 Koll Center to permit residential
development. Due to the proposed amendments to the zoning regulations, Public Utilities Code
Section 21676(b) will require the City of Newport Beach to refer the project to the Orange County
Airport Land Use Commission (ALUC) for a determination of the project's consistency with the
AELUP for the John Wayne Airport. The AELUP guides development proposals providing for orderly
development of the airport and the area surrounding the airport through implementation of the
standards for aircraft noise, safety compatibility zones, and building height restrictions. The AELUP
provides land use policies that govern noise, safety, and building height. Therefore, the EIR will also
evaluate the proposed project with respect to AELUP consistency.
Impacts associated with environmental issues (including but not limited to noise and traffic) will be
addressed in their respective sections of this EIR. These environmental issues will be discussed in
the Land Use section only to the extent that they would influence the compatibility of land uses. This
section of the EIR will also identify and evaluate the consistency of the proposed project to applicable
Newport Beach General Plan goals and policies, and well as Zoning Code consistency.
City of Newport Beach i EURS77001.16 KimIey >> Horn
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Noise and Vibration
Kimley-Horn will summarize the results of the noise technical analysis prepared by the Kimley-Horn
Team. This section of the EIR will address the potential noise impacts associated with construction and
operation of the proposed project, including AELUP compliance. The noise section will describe the
existing conditions on the proposed project site, the regulatory setting, the impacts of the proposed
project, and feasible mitigation measures to reduce impacts.
Population, Housing, and Employment
Kimley-Horn will analyze impacts associated with changes in population and housing anticipated by
the implementation of the proposed project. The information for this section will be largely based on
data provided from the U.S. Census Bureau, the California Employment Development Department, the
Center for Demographic Research at California State University, Fullerton, the California Department of
Finance, the Southern California Association of Governments, and the City's General Plan.
The focus of the population analysis will be a comparison of the amount and type of growth
anticipated with Implementation of the proposed project, along with the growth projected in the
General Plan and the policies addressing growth in the City's planning documents. The analysis will
consider consistency with the goals and policies of the Housing Element of the General Plan, allowable
residential development in the Koll Center, and how the project addresses the City's jobs/housing ratio.
Public Services, Facilities, and Utilities
The utilities analysis will be based on information obtained through coordination with the respective
agencies and provided by the Applicant, addressing the provision of and ability to provide wet and
dry utilities to the project site. Using this information, Kimley-Horn will assess whether the infill
development could have significant impacts. Additionally, we will contact service providers to identify
existing conditions, project impacts, and recommended mitigation. The EIR evaluation will focus on
the potential need to extend or expand utilities, and the increased demand on services, including fire
and police protection. We will evaluate the ability of the project to receive adequate service based
on applicable City standards; where services cannot be adequately met, these deficiencies will be
Identified and mitigation will be recommended.
This section of the OR will also analyze the energy implications of the project pursuant to Public
Resources Code Section 21100(b)(3) and Appendix F of the State CEOA Guidelines. In conjunction
with the GHG analysis, the EIR will address the energy conservation aspects of the project; applicable
energy conservation laws, ordinances, regulations, and standards; impact findings; and additional
energy conservation mitigation measures, if needed.
Transportation and Parking
Kimley-Horn will summarize the T1A prepared by our firm. In addition to potential vehicular traffic,
the section will address the availability of public transit Should the City request a Level -of -Service
analysis based on VMT in compliance with SB 743 and changes to the CEOA Guidelines, this analysis
would also be summarized in this section of the EIR.
f
City of Newport Beach I EVRS77001.16 Kim ey>>Horn
Proposal for
The Towe-A
Koll Center h
Cumulative Impacts
In accordance with State CEQA Guidelines §15130, Kimley-Horn will discuss cumulative impacts for
each environmental issue area identified above, focusing on cumulative impacts and levels of severity
in the project area at a quantitative and qualitative level. The analysis will include potential future
Newport Beach and Irvine development in the surrounding area. Kimley-Horn will consult with City
staff to define the appropriate study area for the cumulative analysis for the remaining topical issues.
Alternatives to the Proposed Project
Consistent with CEQA Guidelines requirements, the EIR will include a reasonable range of alternatives
qualitatively comparing the environmental impacts of each alternative to the proposed project. This
Scope of Work assumes the assessment of up to three alternatives to the proposed project intended
to reduce or eliminate, where possible, the Impacts of the proposed project. Kimley-Horn will work
with City staff and the Applicant to identify an appropriate range of alternatives. Two alternatives are
identified in the RFP: No Project/No Development Akernative: retention of the site with its existing land
uses; and a Reduced Development/Modified Design or Height Alternative. An additional alternative
may be identified during the NOP period, Scoping Meeting, or as part of the technical evaluation.
The evaluation for each alternative will include a summary statement identifying the feasibility of
implementing the alternative and the alternative's ability to meet project objectives. Alternatives
considered but eliminated from further consideration will also be documented. The Alternatives section
will identify the environmentally superior alternative in accordance with CEQA requirements.
Revised Administrative Draft EIR (Administrative Draft EIR II)
Kimley-Horn will revise the Administrative Draft EIR I based on comments from the City and Applicant.
The revised Administrative Draft II will be provided to the City in track/change and will be prepared in
conformance with the Scope of Work.
Proof Check Draft EIR and Public Review
We will incorporate comments from the two rounds of review of the Administrative Draft EIR to
prepare a "proof check" copy of the Draft EIR, which will be provided to the City for final approval
prior to reproduction and distribution. We will also prepare the Notice of Completion (NOC) and Notice
of Availability INCA) for City review and approval. We will be responsible for the reproduction and
distribution of copies of the Draft EIR, the NOC to the State Clearinghouse, and the NOA to those on a
distribution list used for the NOP. This effort also includes preparation of the document in PDF format
for use in CDs and for inclusion on the City's website. Kimley-Horn will post the NOC with the County
Clerk; the City will be responsible for any newspaper notices.
Task 4 Deliverables
• Administrative Draft EIR I (one round of review): one (1) electronic and four (4) print copies of the
EIR with technical appendices on a CD
• Administrative Draft EIR 11 in track/change (one round of review): one (1) electronic and four (4)
print copies of the EIR with technical appendices on a CD
• Proof Draft EIR: one (1) print copy of EIR with technical appendices on a CD
• Reproduction and Distribution of the Draft EIR: one (1) electronic copy, ten (10) print copies with
technical appendices on a CD; fifty (50) CDs of Draft EIR with technical appendices. Distribution of
documents by regular mail.
City of Newport Beach I EVRS77001.16 KimleyoHorn
Proposal for
The Towe
Koll Center
e Web -ready version of Draft EIR with technical appendices
• Public Distribution Draft EIR
• Preparation and Filing of Notice of Completion with the County Clerk and OPR
Responses to Comments
Responses will be prepared by the Kimley-Horn Project Team with input from the Applicant's
consultants, as needed. Comment letters will be bracketed into discrete questions for response.
Where multiple comments are received on the same issues, topical responses will be prepared. This
Scope of Work assumes the preparation of a separate Responses to Comments document which
will be incorporated as a section of the Final EIR. The Responses to Comments section will include
an introduction describing the public review process; a list of commenters; and copies of all written
comments and minutes from public hearings where comments were received; written responses to
environmental comments; and an Errata if needed.
Upon receipt of comments from City staff, Kimley-Horn will revise, as necessary, the draft responses;
coordinate with the technical team members regarding the revisions; and provide a pre-print copy to
the City for final review. We will mail responses to the public agencies that provided comments on the
Draft EIR. As noted in the RFP, this Scope of Work assumes up to 100 hours of professional staff time
for the preparation of the Responses to Comments document. If it appears that additional effort will
be necessary because of the number and/or complexity of the comments, we will notify the City that a
contract augment would be required.
Mitigation Monitoring and Reporting Program
Kimley-Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) consistent with the
City's standard format to identify appropriate monitoring steps/procedures in order to provide a basis
for monitoring such measures during and upon project implementation. The MMRP will include all
Project Design Features, Standard Conditions, and Mitigation Measures; the Monitoring Milestone
(indicating points at which each agency/department is responsible for verifying implementation of
the measure); Method of Verification (such as documentation or field checks); and a verification
section for the initials of the verifying individual, date of verification, and pertinent remarks. Kimley-
Horn will prepare a Draft MMRP that will be submitted to the City for review. We will respond to one
consolidated set of City comments. If the Planning Commission or City Council modifies the project
and/or recommended conditions of approval/mitigation measures for the proposed project, Kimley-
Horn will revise the MMRP. However, substantial modifications are not assumed.
Findings of Fact and Statement of Overriding Considerations
Kimley-Horn will prepare the Findings In accordance with the provisions of Section 15091 and Section
15093 of the State CEQA Guidelines and in a format specified by the City. Kimley-Horn will submit the
Draft Findings for City review and respond to one consolidated set of City comments. A Statement of
Overriding Considerations will be drafted, as needed, and submitted to the City for use in the project
review process.
City of Newport Beach I EVRS77001. 16 Kimley»)Horn
Proposal for
The Towe
Koll Center
Notice of Determination
Kimley-Horn will prepare the Notice of Determination (NOD) for review by the City. Upon certification
of the Final EIR and approval of the project, we will file the NOD with the County Clerk and the State
Clearinghouse. This Scope of Work includes expenses associated with California Department of Fish
and Wildlife (CDFW) fees and County filing fees.
Task 5 Deliverables
• Draft Responses to Comments: two (2) print copies and (1) electronic copy
• Reproduction and Distribution of revised Responses to Comments: ten (10) print copies, fifty (50)
CDs, and one (1) electronic copy
• Draft and revised MMRP: two (2) print copies and one (1) electronic copy of draft and revised draft
• Draft and revised Findings and Statement of Overriding Consideration: two (2) print copies and one
(1) electronic copy of draft and revised draft
• Final EIR (Draft EIR, Responses to Comments, MMRP): ten If 0) print copies, twenty-five (25) CDs,
and one (1) electronic copy
• Preparation and Filing of Notice of Determination
• Payment of CDFW fees and County filing fees associated with the NOP and NOD
Project Management
Dana Privitt will serve as the Project Manager responsible for supervision of the Kimley-Horn team.
Dana will coordinate the project and review the EIR for compliance with CEQA requirements and
guidelines and City CEQA procedures. Project management responsibilities include task scheduling
and assignment; contract administration and accounting; and coordination and communications
with the City. Should Dana be unable to continue with the project, Kevin Thomas will serve as Project
Manager. Kimley-Horn will coordinate with technical staff, consultants, and support staff toward
the timely completion of the EIR. It is the goal of Kimley-Horn to serve as an extension of City staff
throughout the duration of the EIR process.
Meetings and Hearings
In accordance with the RFP, our Scope of Work includes attendance at the following meetings and
public hearings:
• Kick-off Meeting. Attendance by Dana Privitt, Jonathan Carey, and Serine Ciandella.
• Six project coordination meetings. Attendance by Dana Privitt or Jonathan Carey (6), and Serine
Ciandella (2).
• Scoping Meeting. Attendance by Dana Privitt.
• Four public hearings. Attendance by Dana Privitt (4) and Serine Ciandella (2).
On a monthly basis, Kimley-Horn will provide progress reports summarizing all work progress and
billings to date. Each report will address potential issues that may affect the project milestones, as
well as recommendations to keep the project on track. Hours for the Kick-off Meeting and the Scoping
Meeting are assumed in their respective task budgets. For budgeting purposes, meeting attendance
is identified under the billing rate for Dana Privitt. Additional meeting attendance by Kimley-Horn or
attendance by other members of our team will be billed on a time -and -materials basis.
City of Newport Beach i MS77001.16 Kim 1 ey»> Horn
Proposal for
The Tow
Koll Center
Anticipated Work Product Schedule
Meeting the project schedule is high priority for Kimley-Horn. Critical elements in maintaining
schedules include having a clear definition of the responsibilities of team members and frequent
communication relative to achieving work effort goals. Schedule control begins with the preparation
of a detailed schedule that includes milestone completion dates for specific tasks in addition to the
overall project.
The schedule identifies task dependencies and relationships, allowing the City, Applicant, and
Kimley-Horn Project Team to understand which tasks must be completed so that other tasks may
be accomplished. It also identifies commitments by individuals for each task. To meet schedule
and minimize down time, Kimely-Horn moves beyond a specific project schedule and work plan. To
monitor our staff workload we employ an intensive forecasting technique known as our "cast -ahead"
process. This effort involves assessing our project milestones and staff loading on a weekly, monthly,
and six-month basis, drilling down to the project team level. A database is used to track all project
commitments/milestones and staff commitments firmwide. Using this intensive process, we can
identify overloads and shortfalls many months in advance and develop strategies to overcome them.
By having a clear picture of staff workload at all times. Kimley-Horn is optimally positioned to meet
schedule expectations for The Towers at Koll Center Newport Project to commence construction next
year. At Kimley-Horn we know that schedule and quality control are equally important. A project that
is behind schedule too often sacrifices the opportunity for quality reviews. We insist that our project
managers build into their schedules adequate time for a thorough quality control review so that our
project documents can be thorough, accurate, and complete.
City of Newport Beach I EVRS77001.16 KimIep Horn
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Attachment D: Traffic Impact Analysis Draft Scope of Services
The Towers at Kell Center Newport
Traffic Impact Analysis — Kimley-Horn Scope of Services
2/1/2016 4:43 PM, Page 1
The Towers at Koll Center Newport
Traffic Impact Analysis — Kimley-Horn Scope of Services (Draft)
Note: This Traffic Impact Analysis Scope of Work will be subject to review and approval of the City
Traffic Engineer, and may require modification after submittal of the proposal.
1. Participate in a project kick-off meeting with the project team and City staff. Obtain information
regarding the proposed project, including overall layout of the proposed development plan; land
uses and quantities; proposed site access, including proposed changes to existing site access;
parking and on-site circulation, including changes to the location of the access points to the
existing and future proposed access to parking; and other site features related to traffic flow
and project impacts.
2. Conduct a site visit of the project area, and document existing roadway conditions on the
roadways and at the study intersections, and site circulation conditions on the project site.
3. The study intersections will consist of the same list of study intersections included in the traffic
impact analysis for the One Newport Hotel project — a total of 29 intersections.
4. Obtain current peak hour turning movement volume data at the study intersections.
Note: Year 2015 peak hour traffic data for the Traffic Phasing Ordinance (TPO) Primary
Intersections in the City of Newport Beach has been provided to Kimley-Horn by the City of
Newport Beach for the One Newport Hotel project traffic study; and Kimley-Horn collected peak
hour traffic data at three study intersections that were not included in the City of Newport
Beach database.
In addition, the City of Irvine has provided current traffic count data for the study intersections
in the City of Irvine. For budgeting and planning purposes, it is assumed that this traffic data will
also be used for the Towers at Koll Center Newport traffic study, and that no new traffic data
collection will be required.
All subsequent tasks in this preliminary scope reflect this assumption. We will coordinate with
City of Newport Beach and Irvine representatives to discuss the traffic study issues and
requirements. If more or fewer study intersections, or if different or additional requirements
are required after meeting with the City representatives, appropriate adjustments to the scope
of services and fee will be made accordingly.
5. Develop project trip generation estimates for the proposed project using the Institute of
Transportation Engineers (ITE) Trip Generation Manual (911 Edition).
6. Develop trip distribution and assignment assumptions for the project traffic, based on likely
origins and destinations of project residents and visitors. The trip assignment assumptions will
also take into account the changes to existing trip patterns that would be associated with the
existing parking lots to be removed, and the proposed entries to the new parking facilities.
The Towers at Koll Center Newport - 1- Kimley-Horn and Associates, Inc.
Traffic Impact Analysis — Scope and Fee January, 2016
The Towers at Koll Center Newport
Traffic Impact Analysis — Kimley-Horn Scope of Services
2/1/2016 4:43 PM, Page 2
Project trip generation and trip distribution assumptions will be submitted to City staff for
review and concurrence prior to proceeding with the analysis phase of the study.
8. Project traffic will be distributed through the study intersections, and the project traffic
contribution to each intersection will be identified.
9. Obtain Traffic Phasing Ordinance (TPO) Committed Projects information, including project trip
generation and distribution from approved traffic studies, from the City of Newport Beach. For
Committed Projects for which an approved study is not available, we will develop trip
generation and trip distribution assumptions.
Note: Kimley-Horn is currently working with the most recent Committed Projects list provided
by the City (12-11-15) for the One Newport Hotel project. The approved Uptown Newport
project will be included as a Committed Project. Kimley-Horn will work with City staff to identify
any changes or additions to the Committed Projects list.
10. Conduct the City of Newport Beach TPO 1% analysis to determine the extent of the traffic study
area within the City of Newport Beach.
11. Obtain Cumulative Project information from the City of Newport Beach and the City of Irvine.
Develop trip distribution and assignment assumptions for each Cumulative Project, based on
approved traffic studies where available; develop trip generation and trip distribution
assumptions where traffic studies are not provided. The One Newport Hotel project (currently
being processed) will be included as a Cumulative Project. Compile Cumulative Project traffic
volumes at the study intersections.
12. Obtain information from the City of Newport Beach and the City of Irvine regarding any
committed roadway or intersection improvements planned to be completed within one year of
the project opening.
13. Obtain Irvine Traffic Analysis Model (ITAM) forecast data for the Irvine study intersections from
the City of Irvine. Develop peak hour turning movement forecasts for the project Opening Year
for the study intersections in the City of Newport Beach and the City of Irvine.
14. Summarize operating conditions at the study intersections for the following scenarios:
a. Existing Conditions (Current traffic counts and intersection lanes)
b. TPO Analysis
L Year 2020 w/o Project: Existing+ Growth + Committed Projects (including Uptown
Newport)
ii. Year 2020 w/ Project: Existing+ Growth + Committed Projects + Project
The Towers at Koll Center Newport - 2 - Kimley-Horn and Associates, Inc.
Traffic Impact Analysis — Scope and Fee January, 2016
The Towers at Koll Center Newport
Traffic Impact Analysis — Kimley-Horn Scope of Services
2/1/2016 4:43 PM, Page 3
c. CEQA Analysis:
i. Year 2020 Cumulative w/o Project: Existing + Growth + Cum Projects (Including
One Newport — Hotel Project)
Ii. Year 2020 Cumulative w/ Project: Existing + Growth + Cum Projects + Project
d. If needed, analysis of long-range General Plan conditions without and with the project
will be provided as a separate, additional services task.
15. Analysis of Newport Beach intersections will be conducted using the Intersection Capacity
Utilization (ICU) methodology, consistent with TPO requirements. Analysis of the City of Irvine
intersections will be conducted using the Irvine ICU analysis methodology.
16. For Caltrans intersections (intersections on a State highway), the intersection analysis will also
be conducted using the Highway Capacity Manual (HCM) delay methodology, as required by the
Caltrans Guide for the Preparation of Traffic Impact Studies.
17. Conduct an analysis to demonstrate the project's compliance with the County of Orange
Congestion Management Program (CMP) Traffic Impact Analysis Requirements (Appendix B-1 of
the 2013 CMP). Prepare a report section summarizing the results of the CMP analysis and
findings.
18. Identify project impacts, and mitigation measures to mitigate significant impacts, if necessary. If
mitigation is required, a conceptual drawing of the recommended improvement will be
provided. For budgeting purposes, it is assumed that record drawings of any study intersection
requiring mitigation will be available from the City, and that a mitigation concept plan will be
prepared for up to three study intersections. This task will also include preliminary cost
estimates and project contribution percentages for each of the mitigated intersections.
19. Evaluate the proposed access provisions for the project, as well as the future access to the
parking facilities for the existing office buildings. To the extent available, based on details
provided on the site plan, provide a brief evaluation of the proposed project site entries, and on-
site queuing, including an analysis and discussion of traffic queues at the gated entrances.
20. Provide information on construction phase traffic issues, including debris haul and construction
material truck movements, likely haul routes, construction crew parking, hours of construction,
and the requirement for the preparation of a construction traffic management plan.
21. Provide estimates of project -related average daily traffic (ADT) volumes and Year 2020 forecast
ADT volumes on roadway segments, to be used for the air and noise technical studies. We will
use current ADT data, as available, and will collect traffic count data as necessary.
22. Provide estimates of daily and peak hour trip generation for each of the project alternatives.
23. Prepare a draft traffic impact study documenting all data, analyses, results, and conclusions, to
be submitted to the City of Newport Beach.
The Towers at Koll Center Newport - 3 - Kimley-Horn and Associates, Inc.
Traffic Impact Analysis — Scope and Fee January, 2016
The Towers at Koll Center Newport
Traffic Impact Analysis — Kimley-Horn Scope of Services
2/1/2016 4:43 PM, Page 4
24. Respond to consolidated Project Team comments on the draft traffic study, to the extent that
the revisions are within the approved scope of services, and no new data collection and/or
analyses are required. A total of up to 6 hours is assumed.
25. Prepare a final traffic study incorporating responses to comments made on the draft traffic
impact study report.
26. Review the draft Transportation section of the CECIA document. One review and mark-up is
assumed. Assist in the preparation of Response to Comments following public circulation of the
document.
27. KHA will participate in up to three (3) project meetings (including the Kick-off Meeting) with the
Project Team, City of Newport Beach Staff, City of Irvine Staff, and/or others as directed by the
Project Manager. KHA will prepare for and participate in up to two (2) Public Hearings, as
directed by the Project Manager.
The Towers at Koll Center Newport - 4 - Kimley-Horn and Associates, Inc.
Traffic Impact Analysis — Scope and Fee January, 2016
SCHEDULE OF BILLING RATES
Kimley-Horn and Associates, Inc. Page B-1
I
3
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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.
Kimley-Horn and Associates, Inc. Page C-1
9
5.
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.
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.
Kimley-Horn and Associates, Inc. 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
Kimley-Horn and Associates, Inc. Page C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
Kimley-Hom and Associates, Inc. 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: 6/29/15 Dept./Contact Received From: Terresa
Date Completed: 6/29/15 Sent to: Terresa By: Chris/Alicia
Company/Person required to have certificate: Kimley-Hom and Associates, Inc.
Type of contract: All Other
I. 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 $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
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
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 E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A 2 Yes ❑ No
II. AUTOMOBILE 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 - 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
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/15 to 4/1/1
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 $1 M 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
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
2M ❑ N/A ® Yes ❑ No
6/29/15
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:
Professional Liability' Effective 4/1/15 to 4/1/16 Carrier Lloyd's of London,
Approved:
Risk Management
* Subject to the terms of the contract.