The URL can be used to link to this page

Home My WebLink AboutC-5110 - PSA for Back Bay Landing Environmental AnalysisAMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH PCR SERVICES CORPORATION FOR BACK BAY LANDING ENVIRONMENTAL ANALYSIS THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 7th day of March, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PCR SERVICES CORPORATION, a California corporation ("Consultant"), whose address is One Venture, Ste. 150, Irvine, CA 92618, and is made with reference to the following: RECITALS A. On April 24, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") for the preparation of environmental documents in accordance with the California Environmental Quality Act ("CEQA") for the Back Bay Landing project ("Project"). B. On July 31, 2013, City and Consultant entered into an amendment to the Agreement ("Amendment No. One") to extend the term of the Agreement. C. City desires to enter into this Amendment No. Two to increase the total compensation. D. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B of the Agreement and Exhibit B of Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal 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 Six Hundred Forty One Dollars and 001100 ($193,641.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Three Thousand Sixty Nine Dollars and 00/100 ($3,069.00). 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. IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY Date: A� Q/i l I t �( OFFICE LIM Aa't6n C. Harp City Attorney ATTEST:, Date: 1 Y ahf� Leilani I. Brown City Clerk ATTACHMENTS: Exhibit B CITY OF NEWPORT BEACH, a California municipal corporation Date: 311311 By: Dave City Manager CONSULTANT: PCR Services Corporation, a California corporation Date: By: aA�S,_ C) 4joll Steven G. Nelson Senior Vice President Date: 2S M/kR-t/-� v Vida Vald rTama Chief Financial Officer [END OF SIGNATURES] Schedule of Billing Rates PCR Services Corporation Page 2 EXHIBIT B SCHEDULE OF BILLING RATES Additional Reimbursable Costs for Reprographics_ Original Budget: $4,500 Total Costs: $7 Additional Costs: $3,069 PCR Services Corporation Page A-1 February 13, 2014 Jaime Murillo, Senior Planner Planning Division, Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 J MPR Re: BACK BAY LANDING EIR CONTRACT AMENDMENT NO.2 Dear Jaime: PCR is requesting approval of this amendment to cover additional printing/reprographics costs associated with production of the Back Bay Landing Initial Study/NOP, Scoping Meeting materials, Draft EIR, and Final EIR. PCR's revised proposal dated April 4, 2012 included a total reprographics budget of $4,500; however, upon completion of the final deliverables (Final EIR), total reproduction costs totaled $7,569, or $3,069 more than was included for this line item in the project EIR budget. Additional Direct Costs for Renrogranhics • Subtotal Additional Reproduction Costs= $3,069 The costs associated with the additional reprographics totals $3,069, as described above. This amendment would increase the overall existing contract amount of $190,572 by $3,069 for a new total contract amount of $193,641. If this proposal, and the terms and conditions contained herein, are acceptable to you, please indicate your authorization and return one signed copy to us for our files. If you have any questions, please contact me at (949) 753-7001 or via email at d.crook(a),ucrnet.com. Thank you. Sincerely, PCR SERVICES CORPORATION David A. Crook, AICP Principal Planner One Venture, Suite 150, Irvine, California 92618 INTERNET www.pernet.com reg 949.753.7001 FAX 949.753.7002 Jaime Murillo, Senior Planner CITY OF NEWPORT BEACH February 13, 2014 - Page 2 Attachment A— PCR 2012 Billing Rates & Expense Charges ACCEPTANCE AND AUTHORIZATION PGR If this proposal meets with your approval, please sign this letter and return a copy to us for our records. Accepted and approved: CITY OF NEWPORT BEACH Date: PCR PCR 2012 BILLING RATES AND EXPENSE CHARGES PROFESSIONAL TIME Environmental Planning & Documentation President................................................................................................................................ $278.00 Director/Principal.................................................................................................................. $204.00 Principal................................................................................................................................ $185.00 AssociatePrincipal................................................................................................................ $167.00 PrincipalPlanner................................................................................................................... $148.00 SeniorPlanner II................................................................................................................... $135.00 SeniorPlanner I.................................................................................................................... $121.00 Planner.................................................................................................................................. $107.00 AssociatePlanner.................................................................................................................... $93.00 AssistantPlanner..................................................................................................................... $79.00 Technician............................................................................................................................... $65.00 Intern....................................................................................................................................... $52.00 Biological Services Principal/Director.................................................................................................................. $232.00 Principal Environmental Scientist......................................................................................... $175.00 AssociatePrincipal................................................................................................................ $167.00 Principal Environmental/Regulatory Scientist...................................................................... $165.00 Principal Biologist................................................................................................................ $148.00 SeniorBiologist II................................................................................................................. $135.00 SeniorBiologist I.................................................................................................................. $121.00 Biologist................................................................................................................................ $107.00 AssociateBiologist................................................................................................................. $93.00 AssistantBiologist.................................................................................................................. $79.00 Technician............................................................................................................................... $65.00 Intern....................................................................................................................................... $52.00 Air Ouality, Climate & Acoustics Services Director................................................................................................................................. $167.00 Principal Engineer/Scientist.................................................................................................. $148.00 Senior Engineer/Scientist II.................................................................................................. $135.00 Senior Engineer/Scientist I................................................................................................... $121.00 Engineer/Scientist................................................................................................................. $107.00 Associate Engineer/Scientist................................................................................................... $93.00 Assistant Engineer/Scientist.................................................................................................... $79.00 Technician............................................................................................................................... $65.00 Intern....................................................................................................................................... $52.00 One Venture, Suite 150, Irvine, California 92618 INTERNET w .pernet.com TEL 949.753.7001 FAX 949.753.7002 PCR 2012 Billing Rates and Expense Charges —Page 2 Historic Resources Director................................................................................................................................. $167.00 PrincipalHistorian................................................................................................................ $148.00 SeniorHistorian II................................................................................................................ $135.00 SeniorHistorian I.................................................................................................................. $121.00 Historian................................................................................................................................ $107.00 AssociateHistorian ................................................................................................................. $93.00 AssistantHistorian.................................................................................................................. $79.00 Technician............................................................................................................................... $65.00 Intern....................................................................................................................................... $52.00 Archeological & Paleontological Resources Director................................................................................................................................. $167.00 Principal Archaeologist/Paleontologist................................................................................. $148.00 Senior Archaeologist/Paleontologist II................................................................................. $135.00 Senior Archaeologist/Paleontologist I.................................................................................. $121.00 Archaeologist/Paleontologist................................................................................................ $107.00 Associate Archaeologist/Paleontologist.................................................................................. $93.00 Assistant Archaeologist/Paleontologist.................................................................................. $79.00 Archaeological/Paleontological Technician ........................................................................... $65.00 Intern....................................................................................................................................... $52.00 Support Senior GIS Specialist/Senior Graphics................................................................................. $107.00 GISSpecialist......................................................................................................................... $83.00 GraphicsSpecialist................................................................................................................. $83.00 Publications............................................................................................................................. $74.00 Production............................................................................................................................... $74.00 DIRECT EXPENSES Direct expenses will be billed at 110 percent, including but not limited to: • Retention of subcontractors. • Purchase or rental of project materials and special supplies. • Reproduction, printing and photographic costs. • Postage, delivery, telephone and other communication costs when requested or approved by client. • Lodging, transportation, and project -related mileage necessarily incurred at the prevailing Internal Revenue Service Standard Mileage Rates. BILLING TERMS • Unless other contractual terms are agreed upon, PCR invoices on a monthly basis. Payment is due 30 days from date of invoice. • PCR's scheduling commitments are made and taken seriously. However, PCR reserves the right to modify performance schedules in instances where payment of PCR invoices falls behind agreed-upon terms. • PCR recalibrates its billing rates for professional time at the beginning of each calendar year and reserves the right to raise its billing rates for one or more professional categories by no more than five (5) percent twelve months following project initiation. AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH PCR SERVICES CORPORATION FOR BACK BAY LANDING ENVIRONMENTAL ANALYSIS 1 THIS AMENDMENT NO, ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One') is made and entered into as of this 31st day of July, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PCR SERVICES CORPORATION, a California corporation ("Consultant"), whose address is One Venture, Ste, 150, Irvine, CA 92618, and is made with reference to the following: RECITALS A. On April 24, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") for the preparation of environmental documents in accordance with the California Environmental Quality Act ("CEQA") for the Back Bay Landing project ("Project'). B. City desires to enter into this Amendment No. One to extend the term of the Agreement to May 1, 2014. C. City and Consultant mutually desire to amend the Agreement, as provided below. 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 April 24, 2012, and shall terminate on May 1, 2014, 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) PCR Services Corporation'.. IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO�jr,2'1 OFFICE Date: ((�� I Aaron C. Harp City Attorney ATTEST: p� Date: d By: MI -- L e vil a I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date:: 113 By: t om. Com. L As� Da City Manager CONSULTANT: PCR Services Corporation,California corporation Date: 16 Sr f "3 By: St en G. Nelsovt Senior Vice President Date: @0 &,ota By: C,, <.— Vida Valderrama Chief Financial Officer [END OF SIGNATURES] PCR Services Corporation Page 2 SECRETARY OF STATE 1, BILL A)ALI; Secretary of State of the State of California, hereby certify; That they attached transcript of l_. page(s) has been compared with the record on fife in this office, of which it purports to be a copy, and that it is full, true an(] correct. LY WITNES WltERFOF l execute this c•(,o-rtificate and affix: the Great Seal of the State of California this day f)f �4 D If ft 0 Gf the �eue.rj of State CER'I'fflCATF OF ANJENDME' OF ARTICLFS OF INCORPORATION OF FEE 2 1`-x_93 PCR SPRVICUS, VNG. BU low"S' Swetuy of State Gregory J. Broughton certifies that: I. He is the President and Secretarv, of PCR Smires, hic, a California corporation (the 'Corporation') - I Article One of the Articles of Incorporation ofthe Corporation is hereby amended to read in full as follows: The name of me Corporation is PCR Ser ices Corporation , " 3 Thr foregoing Amendment has been duly approved by the Board of Directors of the Corporation, and has been chtly, approved by the required vote of the shareholders in accordancr.- with Section 902 of the Corporations Code, 4. The total number of shares twirled to vote with respect to the Anl&crdment is 1,000 shares of capital stock, which is the only class of shares eraided to vote with respect to the Amendment. 'The total number of sharcvoting in favor of the Antandanent exceeded the majority vote required of the class entitled to vote thereon - are(�—tpilrouhtots, . term ---- I herety declare under penalty of perjury that the matters set forth in the foregoing certificate are ince and correct of my oWn knowledge and that this declaration was executed on Fehiva'v 18, 1999 at Sarna IAemca, Cififornia- I Gre<'Ory Broughton ACTION 15Y V�IRVCTOJ� �,W a'vi f`:tiE37'q`..'z` 1. }atct.,iti7l`;3 sd, IW'. a C'aittfat: a i"Oloas i_on lost iW< rsigned, bein.a Me �jolf, tlil cte-'I of "ha ttov" t::'.I'pur at:..ion. took the fol lowinq actions anti ootp,�:;d the tol towing resolutions rra€ the tjate' h i vin a tter set ! o t, :; 1. `i`t1e following wzlvi electedto ti.t: off trieleratr-z: «};q=esite kin name below, his term of office to t;,araust nvr, icntttcr7iaf IY< upon his acceptance of election ,and to cicntinue until thk npx+t, e7nnual orgc8PtUotion pCY3?„ting of ttx.2 Roa.rd f:?i. Div,"'CtC3rs of thin aorpormion and until his to spQc7tive ,"~tl t=tiSi7 r: lid°FST ir+@C ii ;srrs: .t:.'.1 arur q%-41li ied, 1`i r; ur President iWarstary N. RV, Or..er€ory J. Wroujitcon t;i py of y tT, Broughton t,r=:gory J. Brpughtcrn 2, it f=arm+ of stosy ,ert..aficate was iippro"'tA for use lay the corporation and tho tiecrot:ary of 'tht"', a"av directed ted to Ln'scort i S'aarplo Cops' of it- in the Minute Poelk xtzmediat(�ly t ollowit2+3 Minutest. I 5. A S«a'ttt Q bylaws was cldorin! for the renitilat:.ot"I. Of t.b1 affairs .w! ['h-^ corpotav. 1+.n al.r:< the be too .a d,t-p •�itory !or r -ho fund-; 2a.f Gre<jort .1. fir sn qh.t. on S. ri . and aut 114)T i. 'e L.<*Y":_1I of f s'oa`r"r; to dl"?tl W S.fh the corporate liindn, "I:e: following rewscl`itt+„ns wore duly xeloprorla g?f..r. lsa'l':f.ir C.€131 t 371E ”+3 r,} s"4p.. ii.LE3ia open ar3 '7?.`<'ol.int QT a" :Qvt 3.e..„i w;t.Ji tb,5 (ollc:wi,t..q riarned t -,rt nci,il irottlt&tt;inn; €.lSOLrrk"€i .'I.}z6,61:F3, that: €.ritil r -:h '111thority is re-'.'c,'rtd €, not:i.f'ivaS?:lon to Saha' Bank i>(=itrtt_b action by tale'+ Board of, Directors of this corporation, the fol lowing off icars Arfi„ auttorizt'd, ,anV one satiny alone no e:?xP2cut:o (sbe,?-,=ku and other itom. fart =4nd =i) a. half. of, thiii corporation. i'"E::+;[sit-`r .J. fit oughtan t_'hict Financial ial 01ficer V(dfrE'p`HER €i P„,"�Uf.VFO, that it this is a C'imckiny a4`.coum the bank in r:e, u;ted to pi-cpare and mail pit attire it.s and e.zirreol l e checks manth" y to t.ite: corporate, offices. "Place 13'Inrt all ri.::k of Mess in transit of any r;.tri6eVWnt. ;_r Muck- 8. uc:k_ h. 1fic of h,)wiug Susol;.t ion t were adopted relating to issuing shares a t,ho capital start.. -k of the cc rlataxa:zk.i.c ria RESOLVED, f.l'at itis in the 1tE-at interest of:. this Corporatior. to Lssue and no!I sharos of its capitalst:ovk to k,.hc Berson, in the amount rasa£! Or the consideration set forth below; Lhat the a onsicle>t.,C.tn for these shairvs shall be paid in full I»ofore thr ii L.;,i` nciF and delivery; that said 6onsidorot.ion shall be cre-t'liti,o to stated capital, 'and that the otficors, of t.kl ,s e a,r€'orstion be, and they hereby are, authorized anti directed on 6.ihalc of this coarlaaratrork to cause Ia=y€rl cuorisal t.0 this tiert'porei,t;i.on to e xeceite and filo, or mail for filing, a Notice of 7., Uanc'e of Securities Pursuant to Sti fbtl.l. w'J ::3 t)Cl 25'102Cft or the Ca ifarn.iaa Corporations Code with tfw, California i'rriairisj tier of cc,rporat.iones wit,bin the tii€te x c"Iiii rrul 2,,= 1 maw, .. of E3urt;hi Se 0.,i C"e3lt Gtr^y :.. ltttr+.aft liEoi'. iefii9[3 Sl,€)C�tl t RL'S tAll,' , FUTHER, t ;.ct t-0 off i.[„'t;rl cot this c`01l011A* r>ra. ix', and they nere.i i r'_, aar_hat izuti and riia-e; t:eai t>n b hEai4 of tFas< corporation to oxev t o Ary documents and to do c:r to f;'=.C' We any and all other atctn and t"i7ngs in :001 otticti-a may ;iof_m n c usnaly or appropriate to carry out the puttooA y .3E 1 -ht - 'rho. fcoilowinct and re'suitittlorl<t Mi't'e-Idopt.cd relating to Section 1244 of: on, Internal KeLd'Ciu, "Aho i4 1944, e?,` -i amended, and soot ions 18 t}::) nis' Plan Shall +^Y.:YDO, and :lits r;ipit.sal stock shall isSwr tj, no IKit.(_'r 1.. 11.1 f twY) Y*_'aIs I iorvI t. e I o data Si£ this+ meet 1.nq ansa in all ri vc.nt, _)n ctv,, da3me when Llai., ("0rtjurxIt, iurz shaI! ats.tlt 5 sh.-zO i first aY a+. t7 �.",;�; c`[.lUtrtt ,1 Ret>.Y 3: t1 ;',i( §i.'y '-:1: t;.�'�, 'x"}lt4. GQr.^*.''i;7?' r,5`cur, 1=I:C Iljdccid that the board US Directior",`.- :Llai;,: 1.n its di1 -- cro-tjon tu=b4to this plan an ally vArI lot, dxatyt f r' 1 The sharez t'.rP lir 3. s. I . the :rt C+I:O5: '<l rihare hok.ier r:.ifned is ;:i1 =abcote ,ata<,l.t-:,W tot turn >_, =troy ar.', par-, of thin sha'aln's W it, i tyagvl 4=..rYE:r MCtw Pian, 010 ((it too .stt.:k Other thart tii.at poll aral issued 3J,dor +-tri,. Plan SOW te: of3:rr^ei or Scott, during to" per An of thin Marr. RE.'COLVED FURTHER, that th" ailPicers cat this corporation be, and ene' horeby aro, authorized and dirtcLond on behalf of this corporation to execute ,any documents and to CIo or cause i::€7 ti' ^. 6t3ue any unti 1311 other aut,s 4ttt;5: things as lil.1cyl offti.C,#'rs may deem necessary or appropriate to carry out the purposes of the fc:rogoinq rrsaalutit) s. iii. (re"Jt'i:ry J. Brc}oghton named as the initial agent. for "-rvecc- of rtocopok in th" Articles of inixorlynativr) tot the, ti'e+C(t(.rat. ion, was confY.r A.od AV Q" f':)!t71)rsit iorl "s appw''.nt for #.1`, P or()t.se of LSC°rvicx" of girt})cost_ it. R1^',5k',lh Ht3, that the Corporation is Authorized ized to pay for and maintain all ai,propri.atre polic°ips c,,E' medical, I,,xalt'vl and accident and disability i-nsurance tvx" the benefit of and payable to all officer -employees and their families for which ttwy :an and do altnalifY; ales€i RES{INVI7 S'CJEt'l"ICER, Lhat such x formalplan or docurnerttat ion a:. 40Y 6t tr.atltiiryd by O1,prOpr iat.V A3rlFfWiOs 211all i>e,, larep,ired ac>.::i executed jjj :i c�l,3ac-tianr,.0 with laws and rugulataons now in effect. 12. WUEuI?3?fi , it is nVCeSSaYy for Won corporation to engage legal counsel Lo tarns this corporation and perform other service for fhir; eorporfation and it in in the b0liRt iraktre>?ta of titin (Terporsatxan to rnstain and lll+F.;, it wOta < be in fig [3+,,x>t ac.t:°r<;ti:€-: cif tfxa� c'nrlrc>rtst.isr to en.3 a9c— t..IPin So Gtow .a7wl ?hchael. S. Yle:=is, E,sr,. as Its to pC rEC3rm M? of I hb Yt"r'Vlt'F"'.> riSqu Lr€rl in tai.#iia T:3i:179.±F{,RE, K A }jJnSU'LVLD, i-ha: Z7s T=tZin #t:=:' �'isttt t. l:i�;isa k .,.t.t5 :Riaz tt=c.l�.x.=l .., F'):�in, F _, �}. to jn2rfolm such loyal V,tviann carp may he it) X02: ainy tni' corporation l o ()ay 910111 #r S#.C'. Tl ,rr Y. `i`hsYr boing 00 i;ar�thvl :x31?,, n_w te COW tP+llWC, tU+: 3Yif'_aat in'j rit this time, 00 potion d0y made ani ,v,nntr3"I, UP, ineeti.nq W"s -- =,a,7 r.• [pita=t.tor c)f tie Con larat 1.011 (3T -zgcs:,y v. , i%u. 7 <`sY tianto rloni cai ht f i € Augosh 6, 1986 '{WZ'i. t"ont#tri; Park Fa,k:., Skii.te lal0 LQS Angeles, T" 81 3 0016 hi 9046 httra3 P1s.:xfSasyl S. Fl** jn, Esq. <t l3g far'`"q 4w3.'._._u7 it W4 �s ftte>Rr LitC"., li-Eor Mr, i4it'ir ; You have request,£:d that we pt'C7tr141t_ you Yd1.th the following information in Coopa.'snti tori with t hl, 1.t,}4f.^i:"t".Si' 1 r` t 1i c, a)?C5-voa -n+7P11i:.d corporation (fi_he "Corporation") of =Llamas of at. e,tOlfTaon stock. G, LAnd yst..."nd that you wi 11. .3 nlp' on t.ho Iaf til Stili lot: lig-rein soot tur't.}i In To "dvxiligr at QAr i?kcl"r';-€i':, an C,St>l.9ti+3n W "r, t:.alatarnia v"'dxmmissioner of £. porstiens that the crx�mt,E ion provided )x",r Sa tion 21102(6 of +ti<.o k7ali or"ia t'arparnt.i s!; t_ofh, is at!A lalmd., fatal tit4- offer and Walm 11 S"47h stork: WO h''t&y agree, that, you ll—ay so rc l yt, a5io we r- pI eYtert. and warrant CO Y)Cl ",hti" Such i nflorriarst.i Un i. „a tmus and cor.ruct, as tipf uric, date for - h l -,To n. I. ImmodiaLei°v al9:t"r the sale and a+s:<ua?aic"re of tic, Ltitt>,nk which 1.s t i)e subject of this le ttay, thy C:a:r gr4araation hid.d.. nor wil I nava OQJY one saWs of stock outstsandina which was, .tr will to own5.d Le€eficially by the following parson; Name Nuabor of share—, Gregory J. Broligliton, inc. 1,000 The insupe of stir"ah stock holds or will 1sa`Ad sucth stock ¢a.Nly for their own accounts, except that such iasu e may hold su h stock tocIether with his or hpr sl lu;l- The por:c,havet's bavc a tarsi-oxPitif5q per,onaal or 17usines" tvlati"nship with thn crt`feyor or its officctta: and dire tors. Zra fact, nho j'aaanha erg aro tho +Yff i cars ,ami eil io.cturs. i. `rne 4.alfer and 6ai# ^ c"j4 such st.f,_'tck war not i7{^,c`.:t1€k?[.anicd by too publication of any advQrtinument, Do sulling expenses wale yic -ii, paid or jnnut red n3 aor.ne at:i-on thorcwith. I'Tomotionai e'e1Y3 rxa�f+.'t"=tf; Pt:l73 means any i"Ut7 .`t t.='+ Y':i f; Lrail pa!,:I or i.ndir.ec!.Ii tr", a l: '.3'F;Lpgl who, acting 00110 era in i'onjun;f ton witl one 13C' aicte coon; ;rer';3wns, takes SKw inil inti.vo in taundinq And oryanizinq t.& Innntinans or 4".nterpr ssd1 W all insweE", f4➢7- s—iVil-!e.,; tP,-ldrY",d in connection with such 1`o,7YSdi n,' or acipqA lay FClovt iw' a'4 cat t h."5 vo Vateo; AU,4�i�k 6, 1�lqf) r v- c�, p i my o v t Its": r{3.1 S'! r t £' J, £1 I v a nr f., a -'3 1o1, o r' 0 L I I f i i IFA t° i mlf'PTI i a t 4, 1 y AuawF�t 6, 1986 J. bufluE}iaLor tit I 5 It n -q ought P I ", i 6 "a II t, Th", siAllne"J, b�-inq al I � " h- � I ockhat cior�' "! ! il" XIVL- CUrpo, (It) , fotA S oby acknowl ari6 c(jo f it, w t'h° t-34 , L 3I'j -Sti, %. rir :kit. Ir+ O ,P)R'u',OR OF (ultl� f"ilts' ,,. ya.C;tuty;=3;'t?t�ir 7; h3* -- The L1 iii a,r :l gsic;'c7K im Aly"i UO 3ttr:'WPOratOy Of C;ftikSOFt's' j IMIAR ITON41 INC. irl acr.orfAanc,_, witLn ttv, ctutnoritj corttai,ruod in Sec OMI 210 A the Vali€ornizs i3tat3rt3r wit)intit th, fornta2 ity of +.onve"irtr7 A 1[e q ijjg, do, --s �,rob cor,,?-nt t,o t,.5it' fi111,D ing action of t}IAF; corporation! lt.�"r(tI'JH;t�, rliaz. 3ha:: it,l7=�awine} tte^a«.ott kit= hiq term =✓f QttiC"' teu? '.'a 1[Tkl1�4'IS[;^.! kll±;iti:2fildt. Gi.',i pr isFnn his at L ppLa ace of Mection, and to Continvy until tho CAC" Lion of his succes'5or at, tL:' ri',Xt annual t Lfl i of ut r::oLka4: tat icri and upon a✓."—ptan(",(' of Op-i:jcmj J)y ,'3ur mucom :£ars: (, i"r7L,or} K LAi,mghton. Mc. J)ate!d, August 6, 1986 mw. » m; a wRECIIIVR OF GR 6wt« » m !7, »y a aGya wtg :w pe em a «,t! w :G Alt of w r e cw .: wt a Ge ycrm> m m G mr e6mand/of ce»» « tw )w@mr<W o6mmi m w:os Gew wwwu to and adopt »w w«mmm wow Of «3 mwx»cs Lxpt7 i »a m xw nn ««w+ ,=»y GG mt c 7 a s«maan_a -PA1; mw G 196 we�o « Br «rs ce« erg : : : >2 Cl - I hey mex« a, #» I m !w G G« rw and au, a waw m ww »mmG»;aw 9! Th atty.ewm+gI!,,LA «w wmwm 96s mwRwm«w wow et wermpoaaooaw:e: w: a amewG w S, mwa 6 G «c:twrmrJey held m o,mt6,I9c DAr )—, G I 9 G T m w ', J . s'(Alght011 PROFESSIONAL SERVICES AGREEMENT WITH PCR SERVICES CORPORATION FOR BACK BAY LANDING ENVIRONMENTAL ANALYSIS THIS AGREEMENT FOR PROFESSI L SERVICES ("Agreement') is made and entered into as of this _% day of 012 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and PCR SERVICES CORPORATION, a California corporation ("Consultant'), whose address is One Venture, Suite 150, Irvine, California 92618 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 is considering an application for Back Bay Landing Development. C. City desires to engage Consultant to prepare environmental documents in accordance with the California Environmental Quality Act ("CEQA") "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be David Crook. F. 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 above written date, and shall terminate on July 31, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Work" or "Services"). The City may elect to delete certain tasks of 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 the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 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 to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, 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 Thousand Five Hundred Seventy -Two Dollars and no/100 ($190,572.00) 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) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.3.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 4.3.2 Approved reproduction charges. PCR Services Corporation Page 2 4.3.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated David Crook 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. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department. Jaime Murillo, Associate Planner or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. 7.1.2 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. PCR Services Corporation Page 3 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. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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, or 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, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, subconsultants, 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 attorney's 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 PCR Services Corporation Page 4 limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. 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 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 and/or his/her duly authorized designee 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 14.1 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. 14.2 Proof 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. 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. PCR Services Corporation Page 5 14.2.1 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's proposal. 14.3 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. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.1.1 Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non-payment of premium) prior to such change. 14.4.1.2 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. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than o ne million dollars ( $1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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 for each accident. 14.7 Professional Liability (Errors & Omissions) Coverage. 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) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. PGR Services Corporation Page 6 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 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 and insurance clauses from each of its subconsultants. 14.8.1.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 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. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 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 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 cotenancy, 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. PGR Services Corporation Page 7 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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 (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. Consultant shall, at Consultant's expense, provide such Documents 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. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word, Excel or portable document format (.pdf). 19. 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 authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Work 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. 22. 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 his/her 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. 23. 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 accom plished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 The 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 PCR Services Corporation Page 9 performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 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. 26. NOTICES 26.1 All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Jaime Murillo, Associate Planner Community Development Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3209 Fax: 949-644-3229 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: David Crook, AICP, LEED AP, Principal Planner PCR Services Corporation One Venture, Suite 150 Irvine, CA 92618 Phone: 949-753-7001 Fax: 949-753-7002 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in this Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 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 PCR Services Corporation Page 10 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. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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. 29. STANDARD PROVISIONS 29.1 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. 29.2 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. 29.3 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. 29.4 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. 29.5 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. 29.6 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. PCR Services Corporation Page 11 29.7 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. 29.8 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. 29.9 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 of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] PCR Services Corporation Page 12 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 0 Rdron C. Harp City Attorney ATTEST: Date: 5 to I I z By: do Leilanl I. Brow City Clerk Attachments: document212.14.11 CITY OF NEWPORT BEACH, A California rpunicipal corporation Mayor CONSULTANT: PCR Services Corporation a California corporation Date: oz* ,/" By�OZ&. - '�a S'tevelson Senior Vice President Date: 5J312,012- By: /312012 By: Vida Valder aura Chief Financial Officer [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Page 13 Exhibit A PCR Services Corporation Pill -4=R gi, &Sal 2Ta0 R)Ma10�Tk)L BACK BAY LANDING DEVELOPMENT EIR Submiaed w: :,ewr'nkr CITY OpNEWPOlUBEACH !' PLANNING DIVISION S '� 3300 Newport Boulevard Newport Beach, California 92660 Attention: Jaime Murillo, Associate Planner Submiaed be April 2012 PCR SERVICES CORPORATION One Venture, Suite 150 Irvine, California 92618 Te1:949.753.7001 P C R Contact David Crook, AICP, LEED AP, Principal Planner April 2012 April 4, 2012 Mr. Jaime Murillo CITY OF NEWPORT BEACH Community Development Department — Planning Division 3300 Newport Boulevard Newport Beach, California 92663 PCR Re: REVISED PROPOSAL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT AND RELATED TECHNICAL STUDIES FOR THE BACK BAY LANDING DEVELOPMENT PROJECT IN NEWPORT BEACH, CALIFORNIA Dear Mr. Murillo: PCR Services Corporation (PCR) appreciates this opportunity to submit the enclosed revised proposal to prepare an Environmental Impact Report (E1R) and supporting technical studies for the proposed Back Bay Landing Development in the City of Newport Beach. With experience and expertise in providing California Environmental Quality (CEQA) documentation for public agencies throughout Southern California, PCR is well positioned to assist you with your environmental review needs. PCR Services Corporation is a multi -disciplinary firm serving public and private clients for over 35 years. Established in 1974, PCR is known for meticulously crafted and defensible CEQA and NEPA documents and expert command of technical issues in historic resources, air quality, noise, greenhouse gases/climate change, biology, archaeology, and paleontology. PCR offers full- service project management, careful attention in developing solutions to address City and stakeholder concerns, and superior technical command to conduct detailed and comprehensive analyses of key environmental issues. PCB's in-house, multi -disciplinary team specializes in all levels of CEQA and NEPA documentation, Historic Resources, Air Quality, Climate Change, Acoustics, Biology, Archaeology, and Paleontology. In addition, PCR has augmented its in-house team with Merkel & Associates to provide optional marine biological resources services. This revised proposal is signed by Steve Nelson, PCR's Senior Vice President and Principal - In -Charge of the Irvine Office with the authority to bind the firm, as well as David Crook, AICP, Principal Planner, who will serve as the Project Manager and primary CEQA document preparer for the project. The only person, persons, company or parties interested in the proposal as principals are named therein and this proposal is made without collusion with any other person, persons, company or parties submitting a proposal. This proposal is in all respects fair and in good faith without collusion or fraud. Sincerely, PCR SERVICES CORPORATION ow. 440r, Steven G. Nelson Senior Vice President David A. Crook, AICP, LEED AP Principal Planner One Venture, Suite 150, Irvine, California 92618 WERNer www.pernet.com TEL 949.753.7001 cnx 949.753.7002 Table of Contents FIRMPROFILE...........................................................................................................................................................................1 PROJECT UNDERSTANDING & APPROACH.....................................................................................................................2 SCOPEOF WORK......................................................................................................................................................................4 SCHEDULE............................................................................................................................................................................... 22 PROPOSEDFEES.................................................................................................................................................................... 23 PROJECTTEAM...................................................................................................................................................................... 26 PROJECTHISTORY...............................................................................................................................................................29 REFERENCES........................................................................................................................................................................... 31 PCR 2012 BILLING RATES AND EXPENSE CHARGES................................................................................................. 31 ATTACHMENT -RESUMES City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation PROPOSAL: BACK BAY LANDING DEVELOPMENT EIR PCR Services Corporation (PCR) appreciates the opportunity to submit this proposal to the City of Newport Beach to prepare an Environmental Impact Report (EIR) for the Back Bay Landing Development This proposal has been prepared in response to the Request for Proposal (RFP) dated March 1, 2012, and is based on our project experience with coastal mixed-use projects, history of preparing environmental documents for the City, input from City staff, and a review of available information. FIRM PROFILE - PCR PCR is a multi -disciplinary firm serving public and private clients for over 35 years. Established in 1974, PCR is known for meticulously crafted and defensible California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents and expert command of technical issues in air quality, noise, greenhouse gases/climate change, historic resources, biology, archaeology, and paleontology. PCR has approximately 50 professional, support, and administrative staff members in its Irvine, Santa Monica, and Pasadena it vi re• locations. Our in-house staff effectively collaborates to develop practical approaches for CEQA/NEPA compliance and issue resolution. As a result of our continued success, PCR is regularly involved in many of the region's most complex and challenging projects often involving multiple stakeholders, including State, federal, and local agencies. While PCR has comprehensive in-house services, for this assignment we have enlisted Merkel & Associates (M&A) to address the project's potential effects on marine biology as an optional task and VisionScape Imagery, Inc, to provide optional photo -realistic three-dimensional visual simulations. PCR has strong relationships and experience working with these consultants on CEQA documents for projects throughout the region. Merkel & Associates Merkel & Associates (M&A) is a California-based environmental consulting firm specializing in ecological, water quality, and regulatory issues. M&A provides its clients with a full range of ecological services in terrestrial, freshwater aquatic, and marine environments. With a diverse group of nearly 40 individuals, the firm has the capacity to provide a wide range of expertise, offering specialized expertise in botany, zoology, wetland issues, Geographic Information Systems CGIS), natural resource-based legislation, resource and regulatory agency interface and permitting. Recognized for its expertise in coastal and marine resource issues, the firm has worked extensively on coastal resource assessments, long-term biological monitoring, discharge impact assessments, marine/estuarine construction and dredging projects, regulatory permitting, and shallow marine habitat management and restoration projects. M&A has completed extensive marine resource investigations along the U.S. Pacific coast, most extensively with southern California. Much of this work has been performed for purposes of environmental analyses under CEQA and NEPA, as well as for federal and state regulatory program permitting purposes. M&A has completed marine biological work in nearly every coastal bay and estuary in southern California and has completed investigation, environmental documentation, and permitting for many open coastal projects including piers, breakwaters and jetties, seawalls, and navigational markers. M&A has also conducted considerable marine biological investigations, CEQA/NEPA analyses, numeric modeling, and permitting for such projects as pier rehabilitation on naval installations, beach nourishment projects, and ocean outfalls. City of Newport Beach Back Bay Landing Development EIR PCR Services Corporadon 1 Revised Proposal April 2012 Merkel & Associates has worked extensively with municipal agencies, port, and federal agencies including the Corps of Engineers, U.S. Navy, and NOAA to construct, replace, or repair and expand marine facilities. Merkel & Associates has performed pier and floating dock environmental investigation and documentation for the Port of Los Angeles, Port of San Diego, Port of Oakland, U.S. Navy, Caltrans, cities of San Diego, Oceanside, Dana Point, Imperial Beach, and numerous private marina developers and operators. VisionScape Imagery, Inc. VisionScape is an industry-leading provider of highly accurate visual simulations. Founded in 1992, VisionScape's products and services are invaluable throughout all stages of development, from planning and entitlement to leasing and marketing. Their compelling visual tools enable clients to effectively communicate the vision of their proposed development to the world. VisionScape Imagery creates incredibly photo -realistic still image renderings, animated virtual tours, highly accurate "Before and After" simulations and interactive presentation solutions. These virtual presentations make for extraordinary design review, planning and marketing material. The VisionScape team, headquartered in Irvine, California, has the technical expertise, creative skills, and production capacity to perform highly accurate and photo - realistic three-dimensional imagery. VisionScape has completed projects of varying size and purpose, claiming clients in the public sector, as well as in the private residential and commercial segments. PROJECT UNDERSTANDING & APPROACH The proposed project includes a request for various discretionary land use approvals to accommodate the future redevelopment of the project site with a mixed-use waterfront development. The 6.974 -acre project site is the crescent-shaped landside portion of Parcel 3 of Parcel Map 93-111; the entire Parcel 3 is 31.431 acres and encompasses both the landside project site (inclusive of area to be included following a requested Lot Line Adjustment [LLA]), and fee -owned submerged lands. These submerged lands, including the existing Bayside Marina, are not a part of the land use applications. While these submerged portions of the property are not part of the requested entitlements, physical effects to these areas from implementation of the proposed improvements could occur, as further discussed below under Scope of Work. The project entitlement requests, which are further described below, are proposed to provide the framework for a future integrated, mixed use waterfront project implementing the current CM designations on the site, while allowing for limited residential uses. Development of visitor -serving retail and recreational marine commercial facilities, a new enclosed dry stack storage facility, as well as a limited amount of attached residential uses (maximum of 49 residential units) integrated in either two levels of residential over ground floor commercial uses, wrapped around a three-level, semi -subterranean parking structure, or in a three level flat configuration adjacent to the northwest bayfront would occur in a single phase, during an estimated 18 -month construction period. These attached multi -family residential units would be designed and constructed as stacked flats, with a limitation on free-standing residential units (further described in the Planned Community Development Plan). In addition, surface parking spaces would be provided within the main project area as well as within the commercial storage garages area to the east. The land use amendments requested will, subject to parking and other site constraints, allow for a range of 30-35,000 square feet of full-service dry stack boat storage with enclosed bays (up to a maximum of approximately 135 to 140 boat spaces); and approximately 50-65,000 square feet of retail/restaurant/ marine boat sales, rental and service repair; and a maximum of 49 residential units (maximum of 80,000 square feet). Total proposed square footage will remain under the City Charter Section 423 thresholds for City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation 2 Revised Proposal April 2012 additional residential units, trips and square footage. Up to 4,000 square feet of storage area (resident and boater lockers) and marina restrooms with laundry facilities would be sited on the eastern project boundary. Additionally, a gated entry with new parking spaces will provide parking spaces for existing marina tenants and mobile home resident guests. The project will comply with CLUP Policy 2.1.4-2 and allocate a minimum of 50 percent of the permitted square footage of this mixed use waterfront project to non-residential uses. Following EIR certification and concurrent approval of the subject land use amendments and related applications and based on market analysis, permitting of specific project design and site improvements will be sought by the applicant. Current application requests include: General Plan Amendment - to allow the development of residential units by changing the land use designation of the site from Recreational and Marine Commercial (CM) to Mixed -Use. The proposed General Plan Amendment would only affect the portion of the project site north of the Pacific Coast Highway (PCH) centerline; the area south of the centerline of PCH would remain CM. Coastal Land Use Plan Amendment - To change land use designation from Recreational and Marine Commercial (CM -B north of PCH and CM -s south of PCH) to Mixed -Use. Planned Community Development Plan - Adoption of a Planned Community Development Plan (PCDP) to allow for the classification of land within the existing Planned Community boundaries and establishment of development standards. Transfer of Development Rights - To transfer 49 un -built dwelling units from the De Anza Village Mobile Home Park (donor site) to subject site (receiver site). Affordable Housing Implementation Plan - The project applicant will submit an "optional" AHIP showing 3 alternatives for compliance with the City's Inclusionary Requirements: 1) designation of seven (7) low/very low income restricted mobile home units within Parcel 1 or 2 (City -preferred option); 2) payment of the City's inclusionary in -lieu fee; or 3) providing all 49 residential units as rentals for a minimum of five (5) years, pursuant to NBMC section 19.54.030. Lot Line Adjustment - Minor boundary adjustment between Parcel 3 and Parcel 2 of Parcel Map No. 93-111 (Resubdivision No. 995) to improve access to the subject development site. Development Agreement - Request for vested development rights in exchange for public benefits. Traffic Study - Preparation of a traffic study pursuant to the City's Traffic Phasing Ordinance (TPO). The project entitlement requests would require the approval by both the Planning Commission and City Council. The applicant and property owner is Bayside Village Marina, LLC. The applicant also owns and operates the adjacent De Anza Mobile Home Park and operates the nearby Newport Dunes property under an agreement with the County of Orange and the City. As requested in the City's RFP, PCR's scope of work is based on the preparation of a project -level EIR in order to minimize any necessary future environmental review for the proposed improvements. The City has indicated that applicant -provided technical studies need not be subject to technical peer reviews, and City of Newport Beach Back Bay Landing Development EIB PLR Servires Corporation Q Revised Proposal April 2012 therefore peer reviews are not included in our scope of work. Therefore, for purposes of this proposal it is assumed that all such technical studies will be found complete and adequate to support compliance with CEQA and the analyses presented in the EIR, as applicable. Should PCR determine that any of the applicant - provided technical studies lack adequate information or analysis, PCR will immediately alert the City and it is assumed that the necessary changes will be undertaken by the applicants consultant team at the expense of the applicant or as otherwise requested by the City. City staff have stated that both the City and applicant are aiming to get the project and EIR to the City Council for review by the end of 2012. PCR has therefore staffed this effort and prepared a scope of work that can meet this goal. PCR's scope of work, presented below, reflects the detailed information contained in the materials provided by the City with the RFP package. Based on the information contained in the City's RFP and the descriptions, graphics, reports, and other work already completed for the project to -date, our scope of work addresses all the issues that require detailed, project -specific attention in the EIR. Each of these environmental issues, and the rationale for their inclusion in the EIR analysis, is discussed below in our scope of work. SCOPE OF WORK In accordance with CEQA requirements, PCR will complete the environmental review process for the project through preparation of an EIR with the City of Newport Beach as the Lead Agency. The table below lists the tasks required for the timely completion of the environmental review process. Following the table is a description of each of these separate tasks. Task Task Description 1 Collect Data /Prepare Project Description and EIR Outline 2 Prepare Initial Study Package and Prepare and Circulate Notice of Preparation/Notice of Public Scoping Meeting 3 Prepare and Distribute Draft EIR 4 Prepare and Distribute Final EIR 5 Meetings, Hearings, and Management Coordination Task 1: Collect Data/Prepare Project Description and EIR Outline As part of this first task, PCR will meet with the project team to review data needs, discuss specific issues of concern, and the project schedule. In addition, PCR will prepare a data needs memorandum listing information required to complete the EIR process with the City of Newport Beach. Upon receipt of necessary project information identified on our data needs list, PCR will prepare a draft Project Description for City review, as well as an outline of the anticipated contents of the EIR to be prepared. As discussed below, this Project Description will be included in an Initial Study package and will be used as the basis for preparing the Explanation of Checklist Determinations within the Initial Study package. Upon receipt of team comments, PCR will make necessary changes to these documents. PCR assumes that two iterations of review/update for the Project Description will be required, but only one review/comment cycle for the EIR outline (as this will be revisited upon completion of the Initial Study, as discussed further below). This scope of work assumes that all necessary and otherwise requested City of Newport Beach Back Bay landing Development EIR PCR Services Corpo.don 4 Revised Proposal April 2012 information and materials will be provided to PCR in a timely fashion in order to minimize delays and additional work associated with revisions to the Project Description once drafted and approved by the City. Products n Data Needs List n First Draft of Project Description and EIR Outline (2 hard copies and 1 electronic copy) o Final Project Description for use with Initial Study and EIR Outline (2 hard copies and 1 electronic copy) Task 2: Prepare Initial Study Package and Prepare and Circulate Notice of Preparation/ Notice of Public Scoping Meeting Upon finalization of the Project Description, PCR will prepare the Initial Study package in the City's preferred format. The Initial Study package will consist of the City's Initial Study Checklist accompanied by specific explanations of the checklist determinations and the project description described above. The Initial Study checklist and Explanation of Checklist Determinations will identify issues that will be analyzed in the EIR and, importantly, substantiate with data or logic based analysis why other issues will not require further study. For each environmental issue addressed in the Initial Study Checklist, it will be determined whether the project would result in no impact, a less than significant impact, a less than significant impact with mitigation or a potentially significant impact. The EIR will address in detail the issues for which a potentially significant impact is identified. Based on the City's RFP, further research, and subsequent input from PCR's subconsultants and City staff, it is anticipated that the Initial Study will indicate that further analysis in an EIR is warranted for the following environmental issues: aesthetics, air quality, biological resources, cultural resources, greenhouse gas emissions, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation/traffic, utilities and service systems, and mandatory findings of significance. Once drafted, PCR will submit the Initial Study package to the City for review. Upon review by the City, PCR will make any necessary changes to the Initial Study package. It is assumed that there will be limited revisions to the Initial Study. If such revisions include modifications to the list of environmental issues to be discussed in the Draft EIR, the scope of work set forth in this proposal may be affected. Based on information provided in the City's RFP, and given the anticipated broad scope of issues to be further analyzed in the EIR, PCR assumes that only one (1) round of City comments will be required to finalize the Initial Study. As part of this task, PCR will also prepare a Notice of Preparation (NOP) of a Draft EIR for review by the City. In addition, PCR assumes that a public scoping meeting will be held and thus, a Notice of a Public Scoping Meeting will be incorporated into the NOP. In accordance with CEQA and City requirements, the NOP/Notice of Public Scoping Meeting will include a brief description of the project, a list of the probable environmental effects of the project, a location may, conceptual site plan, and time and location of the public scoping meeting. PCR will need assistance from the City in coordinating the scoping meeting location and associated mailing list for the notice (PCR's scope of services for the Scoping Meeting are discussed in further detail below under Task 5, Meetings, Hearings, and Management Coordination). Once the NOP/Notice of Public Scoping meeting is signed by City staff, PCR will distribute the NOP/Notice of Public Scoping meeting via City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation 5 Revised Proposal April 2012 certified mail to begin the 30 -day public comment period. During the NOP comment period, the Initial Study will also be made available by City staff for public review. Products o Draft Initial Study Package for City Review (2 hard copies and 1 electronic copy) • Final Initial Study Package based on City Comments (50 hard copies and 1 electronic copy) o Draft Notice of Preparation/Notice of Public Scoping Meeting (2 hard copies and 1 electronic copy) o Final Notice of Preparation/Notice of Public Scoping Meeting (50 hard copies and 1 electronic copy) Task 3: Prepare and Distribute Draft EIR PCR will prepare a Screencheck Draft EIR that will analyze the project's potential environmental impacts. This task will represent the largest part of PCR's effort in completing the environmental review process for the project. PCR will design a Draft EIR that will reflect the scope of issues determined by the Initial Study, additional relevant issues raised within NOP comments, and how to approach key environmental issue areas. The Draft EIR will include all statutory sections required by CEQA, including a summary, project description, environmental setting, and impact analyses for each environmental issue to be addressed that will include mitigation measures and an analysis of cumulative effects. The EIR will also address areas of controversy, effects found not to be significant, growth inducement, alternatives, significant irreversible environmental effects, significant and unavoidable environmental effects, references, and organizations and persons consulted. PCR assumes that up to three (3) alternatives, including a No Project Alternative as required under CEQA, will be addressed in the Draft EIR. PCR will work with the City to create a comprehensive set of project objectives within the Project Description and to identify alternatives to the project. Project objectives play a key role in the CEQA process as they are the basis for considering or rejecting alternatives to the proposed project. Alternatives to the project are of primary importance in an EIR as they are required to be included under CEQA as a way to reduce or eliminate the significant impacts of a project and are also carefully reviewed and considered by the public and decision -makers. The scope of the environmental impact analyses in the Draft EIR will be determined by the Initial Study and may be modified to include additional topics based on comments received during the NOP comment period. Based on PCR's understanding of the development, our long-standing history of experience in preparing EIRs for coastal projects in the region in general, and information provided in the City's RFP and the applicant's preliminary project description, we anticipate that the Draft EIR will analyze the following environmental issue areas. o Aesthetics (Aesthetics, Views, Visual Character, and Light/Glare) • Air Quality m Biological Resources (Marine and Terrestrial Resources) n Cultural Resources (Archaeological, Paleontological, and Historic Resources) o Geology and Soils City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation 6 Revised Proposal April 2012 n Greenhouse Gas Emissions/Global Climate Change n Hazards and Hazardous Materials • Hydrology and Water Quality m Land Use and Planning e Noise • Population, Housing, and Employment a Public Services (Police, Fire, Schools, Parks/Recreation, and Libraries) o Transportation/Traffic (Traffic, Parking, and Access) n Utilities and Service Systems (Water, Wastewater, and Solid Waste) The project team's analytic approach and scope for each of the environmental issues is presented below Aesthetics/Visual Resources Given the proposed intensification of land uses on-site, as well as the abundance of public coastal views available in the project area, PCR will evaluate the potential impacts of the proposed development with regard to aesthetics, views, and visual character. The analysis of aesthetics will include an evaluation of potential impacts associated with aesthetic resources, views, and light and glare. The aesthetics analysis will be illustrated through the use of photographs and graphic illustrations. The analysis of impacts on aesthetic resources will incorporate the following: a description of the existing visual quality of the site and surrounding areas; a description of any valued focal or panoramic views of aesthetic resources; a description of relevant regulations, policies and guidelines governing aesthetic resources; and an evaluation of impacts with an emphasis on the potential for the project to introduce features that would detract from the aesthetic quality of the area or conflict with applicable design guidelines. Based on the project location and proposed three-story building heights, the new buildings will be visible from beyond the immediate project vicinity. Thus, the analysis of views will need to be comprehensive. This analysis will focus on views of aesthetic resources that may be obstructed. The analysis will address views from public and private locations separately; public policy and case law private views are provided little regulatory protection. If determined necessary, PCR has included as an optional task photo -realistic visual simulations to support the evaluation of view and visual character impacts in the EIR, as discussed below. Additionally, given the intensification of land uses on the project site, it is expected that the project will generate considerably more light and glare effects based on the introduction of residential and other structural lighting and addition of windows and reflective surfaces associated with new buildings. As such, PCR will evaluate the potential for new light and glare sources to adversely affect surrounding and other nearby land uses. Visual Simulations (Optional Task) As noted above, PCR has retained VisionScape Imagery to prepare visual simulations of the proposed development from various vantage points in the project area. If the City requests that this task be undertaken, four (4) visual simulations would be prepared from ground -level camera views, with locations to be determined by the City prior to VisionScape conducting a site visit. While CAD files are assumed to be City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation 7 Revised Proposal April 2012 provided by the project applicant, VisionScape would utilize its own library of 3D models and landscape concept imagery for the simulations, if requested to do so. This task also includes digitizing of all base data for the extrusion of an original 3D wireframe model and imaging to illustrate photo realistic materials, maps, textures and a landscape concept to scale. Air Quality PCR has worked closely with South Coast Air Quality Management District (SCAQMD) staff members to develop an understanding and define expectations for the quantification and assessment of pollutant emissions from projects similar to the proposed project. Given the extent of contemplated construction activities, location of nearby sensitive receptors, and operational intensity of the proposed uses compared to existing uses on-site, an analysis of air quality impacts is necessary in the EIR. Based on our knowledge of and experience with the proposed project and expertise with current regulatory requirements, PCR will prepare the air quality analysis for the proposed development pursuant to the standards and guidelines set forth by the California Air Resources Board (CARB) and the SCAQMD. PCR will take the following steps to prepare the air quality technical report based on the most recent regulatory guidance: • Regulatory Setting - PCR will prepare a discussion of the pertinent air quality statutes and regulations at the local, regional, state and federal levels, accompanied, to facilitate due diligence, by a list of agencies that would have jurisdiction over air quality aspects of each of the alternatives. • Existing Air Quality Conditions - PCR will describe regional meteorology and pollutant levels as measured at the relevant SCAQMD or other agency monitoring stations and provide a summary of project -related available ambient monitoring data. • Thresholds of Significance - PCR will prepare a discussion of the thresholds of significance for CEQA consideration based on applicable SCAQMD and City criteria and guidelines. • Construction -Period Mass Emissions Analysis - PCR will prepare a construction emissions inventory using SCAQMD's recommended CalEEMod model to assess daily regional emissions of ambient air pollutants and their precursors. This analysis will include combustion emissions related to equipment operation; fugitive dust emissions related to site preparation and earthmoving activities; mobile source emissions related to construction worker and haul truck trips; and volatile organic compound (VOC) emissions related to architectural coating application and asphalt pavement. Construction -Period Localized Impact Analysis - PCR will address localized impacts attributable to project CO, NOx, PMlo, and PM2 s emissions during construction. The analysis will be performed using the SCAQMD Localized Significance Thresholds (LST) Guidelines which recommend dispersion modeling for construction sites which are larger than five acres in size. Since the project is larger than five acres in size, detailed dispersion modeling will be performed using the USEPA/SCAQMD approved AERMOD model with meteorological data obtained from the closest SCAQMD monitoring station. The localized analysis will focus on sensitive receptors including residential uses surrounding the site. The analysis will focus on construction days of maximum impact. It is assumed that no more than one project option (schedule) and build -out year will be analyzed. Operations -Period Mass Emissions Analysis - PCR will prepare a regional emissions inventory that will include quantification of mobile source emissions related to project -generated vehicle trips and stationary source emissions related to energy demand (i.e., electricity generation and natural gas City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation 0 Revised Proposal April 2012 consumption). This emission inventory will be compiled using the SCAQMD-approved CaIEEMod emissions model and will be performed for one build -out year and existing year conditions. As the project may include additional or increased use of recreational marine vessels (powered boats), the emissions inventory will include boating emissions directly attributable to project operations. Emissions will be calculated using the CARB OFFROAD2007 emissions model. Localized Operational Hot Spots Concentration Analysis - PCR will perform a qualitative analysis of CO hotspots resulting from project generated vehicle trips. The analysis will consist of a discussion based on intersections analyzed in the SCAQMD 2007 AQMP. Toxic Air Contaminants - PCR will assess potential off-site impacts from the creation and emission of toxic air contaminants (TACs) during construction qualitatively. PCR will perform a qualitative analysis based on guidance from the California Air Resources Board (CARB) "Air Quality and Land Use Handbook: A Community Health Perspective (April 2005)". PCR assumes that marine vessel (boat) fueling will not occur on-site during project operations. If it is determined that a detailed health risk assessment is required for the project, it may be performed under separate scope and budget. n Odors - PCR will analyze impacts from odors during construction and operation qualitatively. n Consistency with Regional Air Quality Plan - PCR will evaluate the project's consistency with the SCAQMD's most recent Air Quality Management Plan (AQMP), including the AQMP's strategies to achieve and maintain ambient air quality standards. Mitigation Measures - PCR will provide mitigation measures, if needed, to address any significant air quality impacts identified in preparation of the EIR. Biological Resources PCR's Biological Services Division staff reviewed project plans and performed a cursory review of the project site and determined that there would be very limited, if any, adverse effects on terrestrial biological resources resulting from project implementation. The only potential impacts to terrestrial resources that might be relevant apply to nesting birds on-site that are protected under the Migratory Bird Treaty Act (MBTA). As such, PCR anticipates that the evaluation of terrestrial impacts in the EIR will focus solely on MBTA issues. However, given the existence of marine biological resources in the area and the proximity of proposed improvements to such resources, most notably the proposed bulkhead/seawall and the potential new dry stack boat storage inlet/retractable pedestrian bridge, an assessment of impacts in this regard may be warranted. As such, PCR has retained M&A to conduct an optional project -specific evaluation of marine biology impacts, as discussed in detail below. Baseline Marine Biological Survey (Optional Task) Given the high potential for the presence of sensitive marine habitat that could be affected by bayfront improvements such as the proposed new seawall, M&A would, if requested by the City, conduct in -water biological investigations offshore of proposed development area to determine the location and extent of marine resources. Given the depth range, there is potential for eelgrass to be present; therefore the City of Newport Beach Back Bay Landing Development EIR PCR Services Corpomdon 9 Revised Proposal April 2012 proposed surveys would consist of an eelgrass assessment, in addition to a survey of in -water habitats and a compilation of marine fauna observed within the study area. Biological investigations would be conducted using SCUBA. These investigations would involve assessment of the marine habitats other than eelgrass present in the study area such as unvegetated mud -bottom and manmade structures (e.g., pier pilings and bulkheads). The SCUBA survey would result in a list of characteristic marine fauna and Flora observed within the survey area. Eelgrass surveys would make use of acoustic survey techniques and in -water inspections completed by SCUBA divers. Acoustic surveys would be completed from a small research vessel equipped with a side -scan sonar system, single -beam sonar, and dGPS (differential GPS). SCUBA divers would also collect eelgrass leaf shoot densities in any eelgrass beds identified. All eelgrass surveys would be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (National Marine Fisheries Service 1991, as amended). The eelgrass survey would provide the necessary information in support of the permitting process, but would not replace any necessary pre -construction eelgrass survey; per the SCEMP if impacts to eelgrass habitat were anticipated (an additional eelgrass survey would be necessary within 60 days of starting construction). In addition, given the uncertainty regarding the extent of the proposed project, surveys will be conducted in the tidal zone (i.e., intertidal zone between +7.79 and -2 ft MLLW) within the project area, and despite the relatively developed nature of the proposed area, coastal salt marsh organisms, composed of salt tolerant vegetation and may occur in the upper intertidal zone above the intertidal mudflats (> +2.3 ft MLLW). Upon completion of the survey, a marine biological resources report would be prepared for the project site. The report would include a summary of the habitats, Flora, and fauna on site. The various habitat types observed would be digitized using Arcview GIS, and maps would be created on an aerial base map. Aerial coverage of the various habitat types would be calculated from the digital maps. Since only a conceptual design has been provided, the report would identify potential biological resources or habitats that may be a concern and should be considered during the design process. Additional constraints and consideration, such as mitigation for potential impacts will also be provided. Cultural Resources (Archaeological, Paleontological, and Historic Resources) Archaeological and Paleontological Resources Despite the lack of known cultural resource sites on the project property, there remains the potential for the presence of archaeological and paleontological resources that could be adversely affected by the construction of the proposed improvements. As suggested in the City's RFP, PCR has reviewed the Archaeology and Paleontology report prepared by LSA Associates, Inc. (LSA) and has identified a handful of inaccuracies and/or data gaps. While the LSA report states that there are no native soils present within the project site, the results of the preliminary geotechnical report indicate that native soils, or Quaternary estuarine deposits, occur at depths between 6 feet to 10 feet across the project site. Accordingly, this issue should be addressed in an updated assessment. In addition, the LSA report does not include a paleontological resources records search or a Sacred Lands File search and follow-up Native American consultation in accordance with recognized industry standards for analyzing impacts to archaeological and paleontological resources in compliance with CEQA. Finally, the report does not characterize the sensitivity for buried archaeological (prehistoric or historic) resources based on the results of the cultural resources records search as it does not indicated the quantity, type, and distance of known archaeological resources in the vicinity. As a result of these data gaps, PCR proposes to conduct an updated Phase 1 archaeological and City of Newport Beach Back Bay Landing Development FIR PCR services Corpemdon 10 Revised Proposal April 2012 paleontological resources assessment of the project site in compliance with CEQA. PCR will utilize the LSA analysis to the extent feasible in order to achieve time and cost efficiencies. The scope of work for the updated assessment will include a updated cultural resources records search through the California Historical Resources Information System -South Central Coastal Information Center (CHRIS-SCCIC), a Sacred Lands File (SLF) search through the California Native American Heritage Commission (NAHC) and follow-up Native American consultation, and a paleontological resources records search through the Natural History Museum of Los Angeles (NHMLAC). In addition, PCR will review available geotechnical studies, site plans, and drilling/grading studies to determine the nature and depth of the construction activities to assist in determining the depths of fill versus native soils across the project site. If no resources are identified as a result of the record searches, it does not preclude the existence of buried resources within the project site. If this is the case, PCR will determine the potential for the project to encounter buried resources during construction based on the results of the record searches, depth of native versus fill soils, and proposed excavation parameters. This discussion will be included in an updated technical report and the Cultural Resources EIR Section. if the proposed project has the potential to impact buried resources, appropriate mitigation measures such as monitoring during construction, shall be recommended. The tasks PCR will take as part of the archaeological and paleontological resources analysis include the following: Cultural and Paleontological Resources Record Search PCR will conduct records searches for cultural and paleontological resources. The cultural resources records search will be conducted through the CHRIS-SCCIC at California State University, Fullerton and will entail a review of all previous cultural resource studies and recorded archaeological resources inside and within a one-half mile radius of the project site. PCR will also review historic topographic maps and aerials photographs on file. The paleontological resources records search will be conducted through the NHMLAC and will include a review of all known fossil localities inside and within the general vicinity of the project site. Results of both records searches will indicate whether or not there are previously recorded archaeological, historical, or paleontological resources within the project site that require recordation, evaluation, and inclusion in the impact analysis. The results will also provide a basis for assessing the sensitivity of the project site for additional and buried resources. Sacred Lands File Search and Follow-up Native American Consultation PCR will commission a SLF search through the NAHC and conduct follow-up consultation with Native American groups identified by the NAHC as having affiliation with the project vicinity, as recommended by the NAHC. Follow-up consultation will be in the form of a letter sent via certified mail that will indicate the project site, briefly describe the nature of the proposed project, and request information recipients may have regarding additional prehistoric or Native American resources that may be impacted by the proposed project. Results of the search and follow-up consultation will provide information as to the nature and location of additional prehistoric or Native American resources whose records may not be available at the CHRIS-SCCIC. Archaeological and Paleontological Resources Assessment Technical Letter Report PCR will prepare a CEQA-level Archaeological and Paleontological Resources Assessment technical letter report, which will document the study findings. The report will include a description of the project City of Newport Beach Back Bay Landing Development EIR PLR Services Corporodon 11 Revised Proposal April 2012 undertaking, environmental and cultural settings, methods, results, impact analyses, resource sensitivity assessments, and recommendations for additional work such as a Phase II Testing and Evaluation work program or monitoring during construction, if necessary. The methods and results sections will include maps of the project site, photographs, and incorporate new data gained through cultural and paleontological record searches and SLF search. The report will recommend mitigation measures for historic, prehistoric, and paleontological resources to reduce their impacts to a less than significant level. If no measures are necessary, this will be clearly stated and supported. The results, conclusions, and recommendations of the technical letter report would be incorporated into the Cultural Resources section of the EIR. Historic Resources (Optional Task) As noted in the RFP, the existing 50 -year-old commercial storage garages on the eastern side of Parcel 3 are proposed for demolition, and therefore an evaluation of potential historic resources effects may be deemed necessary by City staff to adequately address this issue pursuant to CEQA. Based upon review of the previous cultural study prepared by LSA, no due diligence assessment for historical resources has been completed for the project site. While the probability of potential impacts to historical resources appears low based upon the information in the Phase 1 Environmental Site Assessment and available site information, the presence of structures over 45 years in age within the project site and vicinity warrants, at a minimum, the completion of a due diligence -level survey and analysis for compliance with CEQA. If requested to do so by City staff, PCR's Historic Resources Division staff will conduct a site survey, archival records search, property research and prepare a preliminary assessment of structures over 45 years in age within the project site and vicinity. Structures over 45 years in age will be recorded on a Department of Parks and Recreation (DPR) survey form. PCR's highly qualified historians, architectural historians and preservation planners meet and exceed the Secretary of the Interior's Professional Qualifications and have the necessary knowledge and experience in the architectural history of Newport Bay to conduct the requisite analysis. If potential historical resources are identified that may be impacted by the proposed project, PCR's Historic Resources Division will review the proposed project for conformance with the Secretary of the Interior's Standards and, if necessary, provide appropriate mitigation measures to reduce potential impacts and ensure compatibility of the proposed project with the existing built environment. The results of the optional historical resources analysis will be summarized in the Cultural Resources section of the EIR and pertinent supporting documentation will be included in the appendix including DPR forms and archival records search results. Geology/Soils Based on input from City staff, this scope assumes that the project applicant will provide a site-specific geotechnical study for the proposed mixed-use project that contains sufficient analysis to complete the environmental review process. The applicant -provided geotechnical study indicates the potential for liquefaction and lateral spreading to adversely affect proposed structures, including the proposed subterranean parking level, due to soil and groundwater conditions on-site, and therefore evaluation of geologic hazards in the EIR is warranted. PCR will incorporate into the Geology and Soils EIR section of the EIR the results, conclusions, and recommendations contained in the geotechnical study. The evaluation in the EIR will focus on seismic and soil conditions, including geotechnical hazards, seismicity and the potential for liquefaction, subsidence, and erosion. The following steps are proposed to address geological issues: A review of the site-specific geotechnical study would be completed; Where necessary, additional relevant geotechnical and geological literature and maps will be reviewed, including reports and maps from the United States Geological Survey, the California City of Newport Beach Back Bay Landing Development EIR PCR Services Co,pmadon 12 Revised Proposal April 2012 Geological Survey, United States Department of Agriculture - Soil Conservation Service, and other documentation available through the City of Newport Beach and the project applicant; Review and describe relevant local, regional, State and federal standards and regulations that apply to geology and soils; Thresholds of Significance will be established for identifying impacts on geology and soils; Based on existing studies and available information, the potential for impacts associated with fault rupture, seismic ground shaking, seismic -related ground failure, such as liquefaction, landslides, soil erosion, subsidence or expansive soils will be evaluated; and If significant impacts are identified, mitigation measures will be provided. Measures will be based on existing studies or will focus on the need for specialized studies in order to achieve identified performance standards. Greenhouse Gas Emissions As the proposed project would increase the development intensity in the project area, and would therefore increase overall air pollutant emissions (including greenhouse gases), PCR has included a project -specific analysis of greenhouse gas emissions/global climate change impacts in our scope of work. There has been considerable activity at the state and local level in implementing the Global Warming Solutions Act of 2006, also known as AB -32. OPR recently published new CEQA Guidelines, effective on March 18, 2010, which clarify how Greenhouse Gas (GHG) emissions should be analyzed and mitigated under CEQA. PCR is therefore proposing to analyze GHG emissions in accordance with this new guidance. In general, the guidelines allow Lead Agencies to determine if a quantitative or qualitative analysis is most appropriate, and to establish specific significance criteria. Based on the scope of the project, PCR is proposing to prepare a quantitative analysis, with the following steps. Regulatory Setting - PCR will prepare a discussion of the pertinent GHG statutes and regulations at the local, regional, state and federal levels. n Existing Conditions - PCR will describe ambient GHG levels and GHG emissions at the local, state, federal, and global level, as available and appropriate. Thresholds of Significance - At this time neither the SCAQMD nor the City of Newport Beach has promulgated numeric project -level significance thresholds for GHG emissions applicable to the proposed project. PCR will work with the City to define the most appropriate thresholds of significance for CEQA consideration, based on OPR, CAPCOA, and/or other agency -issued criteria and guidelines. Construction -Period Mass Emissions Analysis - PCR will prepare a construction GHG emissions inventory using the CalEEMod model which is approved by the SCAQMD for CEQA analyses. This analysis will primarily include combustion emissions related to equipment operation and mobile source emissions related to construction worker and haul truck trips. n Operation -Period Mass Emissions Analysis - PCR will prepare an inventory using the CaIEEMod model for GHG emissions resulting from operation of the proposed project, including emissions from City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation 13 Revised Proposal April 2012 energy usage and mobile sources including project related marine vessels (boats). The operational GHG analysis will be prepared for the build out year, and include mandatory emission reduction measures, such as CaIGREEN building codes, as applicable. Consistency with Applicable GHG-reduction Plans - The City of Newport Beach has not yet developed a formal GHG reduction plan. However, PCR will evaluate the project's consistency with applicable GHG-reduction goals, plans and regulations. Mitigation Measures - PCR will provide mitigation measures, if needed, to address any significant GHG impacts identified in preparation of the EIR. Hazards and Hazardous Materials According the applicant -provided Phase I Environmental Site Assessment (ESA), the project site has several Recognized Environmental Conditions (RECs) that could pose a health risk to people residing or working at the proposed mixed-use development. As such, PCR will evaluate impacts relating to hazard and hazardous materials in the EIR. Utilizing the Phase I ESA provided by the applicant's consultant, PCR will summarize the findings and recommendations contained in the Phase 1 ESA. The section will address the potential risks to human health and the environment associated with hazardous materials due to exposure to residual concentrations of chemicals that may be present in site soils and/or groundwater at the site. PCR's evaluation of the project's potential impacts on hazards and hazardous materials will: Describe the history of uses on the site, potential sources of contamination, and the regulatory context for hazardous materials management. The conclusions and/or status of documentation or activities focusing on hazardous materials will also be summarized; Review and describe relevant local, regional, state, and federal standards and regulations that apply to hazardous materials handling and storage; Define Thresholds of Significance based on applicable regulatory provisions; Identify and discuss potential impacts on human health and the environment based on the findings of the ESA and any follow-up activities; and Recommend mitigation measures if significant impacts are identified. Measures will be based on existing studies or will focus on the need for specialized studies in order to achieve identified performance standards. Hydrology and Water Quality The proposed development could result in potential impacts to runoff Flow rates, drainage patterns, and surface and groundwater quality clue to future development activities and the increase the overall land use intensity, and therefore impacts associated with hydrology and water quality will be evaluated in the EIR. Following completion of the Hydrology Study and Water Quality Management Plan (WQMP) by the applicant's consultant, these technical reports would serve as the basis for the discussion of impacts in the EIR. Based on the analysis, conclusions, and recommendations contained in the Hydrology Study and WQMP, PCR's evaluation in the EIR of the project's potential impacts on hydrology, flooding, and water quality will summarize: City of Newport Beach Back Bay Landing Development EIR PCR Services Corpomdon 14 Revised Proposal April 2012 • Baseline water quality data for the project area; n Existing conditions, including drainage patterns, flows, and water quality for the project area; n Existing and planned drainage systems that would serve the site and document any known constraints to off-site drainage facilities; • Relevant local, regional, state, and federal standards and regulations related to hydrology and drainage, including Standard Urban Storm Water Mitigation Plans that apply to the project as defined by the Santa Ana Regional Water Quality Control Board; • Thresholds of Significance for identifying hydrology and drainage impacts; • Changes in hydrology and drainage resulting from increases in impervious surfaces, proposed site activities, and intensification of land use; o Potential impacts related to drainage, including issues associated with below -grade transit and a high groundwater table, flooding, and construction of new or expanded drainage facilities; and • Mitigation measures if significant impacts are identified. Measures will be based on existing studies or will focus on the need for specialized studies in order to achieve identified performance standards. Land Use and Planning As noted previously, the proposed project includes requests for amendments to both the City's General Plan and Coastal Land Use Plan, a zone change, Planned Community Development Plan approval, Transfer of Development Rights, Lot Line Adjustment, Affordable Housing Implementation Plan, and Development Agreement. PCR will assess land use impacts of these requested entitlements and also evaluate the project's consistency with land use and zoning designations, local and regional plans, policies and guidelines applicable to the site, and the applicable provisions of the Development Agreement. The analysis of impacts relative to land use and planning will incorporate the following: n Land use and zoning designations will be described and mapped specifically for the project site and for the surrounding areas; • Applicable local, regional, state and federal plans, policies, regulations and guidelines will be summarized; r, Land use compatibility of the new structures associated with the project will be discussed relative to past and present site activities and adjacent uses; • Thresholds of Significance will be defined for land use impacts; n The compatibility of proposed land uses and activities with surrounding areas will be assessed; • The project's consistency with General Plan, zoning designations, and relevant standards for setbacks, building heights, and the provision of open space and landscaping will be evaluated. As the project would increase on-site building heights, an important focus of the analysis will be on how the proposed project would affect the scale and character of the surrounding area as it exists and as City of Newport Beach Back Bay Landing Development FIR PCR Services Corporation 15 Revised Proposal April 2012 anticipated in relevant plans, and how the project would meet the community benefits needs of the surrounding area. Inconsistencies with applicable local, regional, state or federal land use policies and programs will be identified; A comprehensive analysis will be conducted of project consistency with relevant goals and policies within the General Plan and Coastal Land Use Plan, other relevant general plan elements, and other applicable City plans and policies. Regional plans of interest and merit, such as SCAG's Regional Comprehensive Plan will also be addressed and cross references will be made to other sections of the document which address project consistency with the Orange County Congestion Management Plan, and the SCAQMD's Air Quality Management Plan. Determinations of significance will be based on instances where there are conflicts with plans or policies that also translate to physical impacts on the environment based on potential impacts associated with traffic, air quality, noise, and other topical areas of analysis. Mitigation measures will be identified, if necessary, to address significant physical impacts on land use. Noise As the proposed project has the potential to increase ambient noise levels on a temporary (e.g., during construction) and/or long-term (e.g., operations) basis, the issue of noise will be addressed in the Draft EIR. PCR staff will prepare an evaluation of potential noise impacts associated with construction activities, surface transportation, and other aspects of project operations that are noise intensive and that have the potential to impact neighboring noise sensitive land uses. In addition, PCR staff will also prepare an evaluation of potential impacts on the project from sources of noise in the existing sound environment. The adequacy of building sound isolation to support attainment of applicable interior noise standards for residential uses and the potential for adverse noise effects related to existing sound environment will be addressed. Based on our preliminary review of local conditions, noise -sensitive uses in the Project vicinity would include existing nearby residential uses south of the project site. The scope of services for the noise analysis will include the following: Regulatory Setting (thresholds of significant noise impact) - PCR will identify and describe relevant local plans, regulations, ordinances, and guidelines related to community noise. Characterize Existing Noise Environment (baseline condition) - PCR will identify and map noise - sensitive land uses in the vicinity of the project area that may be affected by the proposed Project. Site ambient noise measurements will be conducted at up to two locations over 48 -hours (one midweek and one weekend day) and up to three short-term monitoring during peak traffic hours to establish ambient noise levels in proximity to potentially affected noise sensitive land uses. 0 Construction -Period Impacts - PCR will predict construction -period noise impacts by utilizing published construction equipment noise level data to characterize the noise source, and applying industry standard distance attenuation and barrier (natural topography) insertion loss formulas to estimate noise levels at sensitive receptor locations. Construction -period noise will then be compared to the ambient noise level and identified threshold of significance at each receptor location to determine noise impacts. In addition, construction vibration, including evaluation of effects from City of Newport Beach Back Bay Landing Development EM PCR Services Corporation 16 Revised Proposal April 2012 pile driving (if utilized) on sensitive receptors (i.e., residences) will be evaluated, qualitative evaluation. Operational Impacts - PCR will evaluate operational noise and vibration impacts from project related vehicular traffic at nearby existing roadway segments and on-site stationary noise sources by establishing the incremental change from baseline condition existing ambient noise levels to project operational noise levels and then compare the predicted noise levels with identified thresholds of significance. Traffic noise impacts will be evaluated using a roadway noise computer prediction model based on the Federal Highway Administration (FHWA) traffic noise prediction model (FHWARD-77-108) methodologies and criteria. This analysis will be conducted for up to three scenarios (e.g., Existing, Future No -Project, and Future with Project). To calibrate the sound prediction model to more accurately reflect local conditions, the two short-term (15 -minute) noise measurements with simultaneous traffic counts along the analyzed roadway segments will be used. Land Use Compatibility - PCR will evaluate the potential noise impacts from existing sound environment (i.e. traffic on roadways, entertainment center) on the proposed residential building based on the City/State Building Code. Mitigation measures in the form of building sound isolation performances on an as -needed basis. This task will address the building shell sound attenuation only. Mitigation Measures - PCR will recommend mitigation measures to the extent feasible if significant impacts are identified. Mitigation measures may include performance standards, changes in the design, location or orientation of proposed land uses, or, restrictions in the hours and types of project activities. Mitigation design is not included in this scope of work. The scope of services for the noise section does not include post construction noise and vibration monitoring and analysis. Population, Housing, and Employment The project, as proposed, would construct 49 multi -family residential units on a site that currently does not include any occupied dwelling units. Therefore, the proposed project would entail intensification of on-site land uses with residential and retail uses. As such, PCR will evaluate the potential for the proposed project to result in impacts on population, housing, and employment within the City. PCR's evaluation of the project's potential impacts on population, housing, and employment will: Identify the existing population, housing, and employment conditions with reliance on the General Plan, other City sources, Census 2010 data, and associated projections for population, housing, and employment, including those provided by the Southern California Association of Governments (SCAG); Describe the regulatory provisions and City policies related to population, housing, and employment, as appropriate; Define Thresholds of Significance based on applicable guidelines; City of Newport Beach Back Bay Landing Development EIR PCR services Corporation 17 Revised Proposal April 2012 Evaluate the proposed project's effects relative to projected population, housing, and employment to determine any conflicts related to housing supply or growth, particularly those that would translate to significant physical impacts on the environment; and Recommend mitigation measures, to the extent feasible, where significant impacts are identified. The level of significance after implementation of mitigation measures will also be discussed. Public Services (Police, Fire, Schools, Parks/Recreation, and Libraries) Fire Protection PCR's evaluation of the project's potential impacts on fire protection services will: Describe the location, response times, staffing, and equipment levels for the fire stations that serve the site; Discuss any existing constraints to service and relevant plans or proposals for new fire stations or increases in staffing and equipment; Define Thresholds of Significance for determining impacts to fire protection services; Evaluate the project's conformance with regulations and standards for such features as road widths, hydrant fire flow, and emergency response times. Additionally, in consultation with the fire department, assess the increase in demand for fire protection and the Newport Beach Fire Department's ability to serve the project and maintain adequate levels of service; and If mitigation measures are required to address significant impacts, they will be developed with input from the Fire Department, focusing on design modifications or requirements for additional staffing, equipment, or facilities needed to serve the project. Police Services PCR's evaluation of the project's potential impacts on police services will: • Identify the location, police beats, facilities, staffing, equipment levels, and response times for the police stations serving the project site; • Discuss any existing constraints to police services in the project area or relevant plans for new facilities, staffing and equipment; • Define Thresholds of Significance to determine impacts on police services; Based on consultation with the police department, assess the increase in demand for police services and the ability of the Newport Beach Police Department and California Highway Patrol to serve the project and maintain adequate levels of service; and Develop mitigation measures with input from the police department to address any significant impacts on police services. City of Newport Beach Back Bay Landing Development EIR PCR Scrvices Corporodon 18 Revised Proposal April 2012 Schools PCR's evaluation of the project's potential impacts on public schools will: • Identify the name, location, size, capacity and enrollment of the public schools serving the project area in consultation with the Newport -Mesa School District; • Summarize applicable local, regional and state plans, policies and regulations, including school impact fees under Senate Bill 50; o Discuss any relevant plans for new or expanded school facilities; • Define Thresholds of Significance focusing on the potential for the project and its effect on schools to result in physical impacts on the environment; Quantify enrollment generated by the project in relation to existing and planned school capacities and identify any physical impacts on schools associated with school construction and/or other project effects; and Develop mitigation measures if significant impacts are identified that would not be mitigated through payment of school impact fees. Library Services PCR's evaluation of project's potential impacts on library services will: Identify the location of the public library serving the project area, the size and capacity of the facility, and its service population. Relevant facility or service constraints will be identified along with any existing requirements for library impact fees; • Define Thresholds of Significance for determining impacts on libraries; • Evaluate potential impacts on library services and facilities in consultation with the library department; and • Develop mitigation measures, if necessary, to address significant impacts on library services. Parks/Recreation PCR will evaluate the proposed project's impact on local and regional parks and recreational facilities within the City of Newport Beach and surrounding jurisdictions, as appropriate, including various trails and bike paths in the area, Newport Dunes, and aquatic recreation within Newport Harbor and Newport Back Bay. Transportation/Traffic The proposed project will increase on-site traffic generation, which could result in on- and off-site impacts to affected intersections and roadway, including PCH, a State highway and major thoroughfare. Further, parking demand on-site will increase markedly, and the applicant has proposed a shared parking program to help meet those demands. Therefore, PCR will document the potential for the proposed project to result in transportation, circulation and parking impacts in the EIR based on the analyses and findings to be contained City of Newport Beack Back Bay Landing Development EIR PCR Services Corpureaon 19 Revised Proposal April 2012 in a traffic study prepared by the applicant's consultant. The Transportation/Traffic section of the EIR will summarize the traffic study and will evaluate intersection and roadway impacts associated with the addition of project -generated traffic; determine the amount and adequacy of available parking (including an evaluation of the shared parking analysis); and assess site access and related circulation issues (e.g., safety issues and hazards related to proposed circulation improvements including vehicular and pedestrian access, and parking). Utilities and Service Systems (Water, Wastewater, and Solid Waste) Water The analysis of utilities will first address the adequacy of water infrastructure at and near the project site. The project's mix of land uses would generate a water demand that would not meet the thresholds requiring the preparation of a Water Supply Assessment (WSA) pursuant to Senate Bill 610 (effective January 1, 2002 and codified in California Water Code Section 10910 et seq.). As such, a WSA is not included in this scope of work. However, based on technical input from the applicant's civil engineer or another consultant that is sufficient to support an adequate CEQA analysis, the EIR will describe the local water distribution system and evaluate whether on- and off-site water infrastructure can adequately accommodate the demand for water generated by the project. Wastewater Since the proposed project would increase on-site water use, wastewater generation would also be expected to increase, which could result in adverse effects on existing wastewater conveyance and treatment infrastructure. PCR's evaluation of the project's potential impacts on wastewater will be based on technical data to be provided by the applicant's civil engineer or another consultant that is sufficient to support an adequate CEQA analysis. Based on this technical data, the EIR will identify and describe existing infrastructure, current and forecasted wastewater treatment capacity, and any constraints to treatment and conveyance systems that would affect the project. Solid Waste The analysis of project impacts on solid waste will begin with an identification of the location, classification, and projected capacity of landfills that would receive solid waste generated by the project. Relevant local solid waste and recycling policies will also be identified. The analysis will then identify and calculate the types of waste and debris that would be generated by construction activities, and the amount of solid waste that would be generated during project operations. The amount of solid waste generated during both construction and operation of the project will then be compared with projected landfill capacity to determine whether adequate landfill capacity exists. The analysis will also evaluate the consistency of the project's waste diversion and recycling procedures with AB939 goals. Revision and Distribution of the Draft EIR PCR will submit Administrative Draft EIR 1 to the City for review. Based on information provided in the City's RFP, we anticipate that two (2) rounds of City comments will need to be incorporated before sending a pre-print ("proof copy') Draft EIR to the City. Upon approval of the Pre -Print Draft EIR by the City, PCR will produce the Draft EIR and prepare a Notice of Completion and a Notice of Availability, as well as produce hard copies of all technical reports. PCR will provide copies of the Draft EIR and one hard copy of all technical reports that support the Draft EIR. PCR will also assist in the distribution of the Draft EIR to a list City of Newport Beach Back Bay Landing Development EIR PLR Services corporation 20 Revised Proposal April 2012 of agencies and organizations agreed to by the City. That list will include the State Clearinghouse, the County Clerk, Responsible Agencies, local libraries and several of the nearby property owners and/or homeowners associations. PCR will also send copies of the Notice of Availability to all of the names within the owners and occupants' lists, individuals who commented on the NOP or attended the scoping meeting, as well as other individuals and agencies from a list provided by the City. PCR will also prepare files for posting the Draft EIR on the City's website and produce CDs of the Draft EIR for City distribution. Products a Administrative Draft EIR I for City Review (S hard copies and 1 electronic copy) n Administrative Draft EIR 11 for City Review (S hard copies and 1 electronic copy) ® Pre -Print Draft EIR (2 hard copies with appendices on CD and 1 electronic copy) o Public Review Draft EIR (SO hard copies with appendices on CD and 1 electronic copy) n Technical Reports (1 hard copy) o Notice of Availability (SO hard copies and 1 electronic copy) n Notice of Completion (SO hard copies and 1 electronic copy) Task 4: Prepare and Distribute Final EIR At the close of the public review period for the Draft EIR, PCR will coordinate with the City to obtain all public comments. PCR will review the comments and meet with the City to discuss issues raised and establish an approach for responding to comments. After consultation with the City and subconsultants, as appropriate, regarding the issues raised, PCR will prepare a Screencheck Final EIR. The Screencheck Final EIR will include: a summary of the project and its associated impacts; corrections and additions to the Draft EIR; a list of persons, organizations, and public agencies commenting on the Draft EIR; comments submitted regarding the Draft EIR and responses prepared to address those comments; copies of the Draft EIR comment letters; and a Mitigation Monitoring and Reporting Program. In addition, it is anticipated that PCR will need assistance from the applicant, Bayside Village Marina, LLC, and the applicant's consultant team with regard to comments that are more political in nature or that are specific to the design of the project. PCR assumes that comments from two (2) rounds of team review will be incorporated into the Screencheck Final EIR prior to submitting the document to the City for review. As discussed in more detail below, PCR can only speculate as to the extent of public comment regarding the Draft EIR. As discussed in the Proposed Fees section below, PCR has assigned allowances for responding to these comments. However, based on information provided in the City's RFP, we have assumed that a moderate level of public comments will be submitted to the City requiring responses and therefore a total of 100 hours has been budgeted for completion of the Final EIR (including the Response to Comments, Errata, and Mitigation Monitoring and Reporting Program [MMRP]). PCR will also prepare the Findings of Fact and Statement of Overriding Considerations (if necessary) as part of this scope of work. PCR anticipates that the City will review the Screencheck Final EIR twice before approving its contents. Once the City approves the Final EIR, PCR will assist the City with distribution of the Final EIR to the appropriate agencies and organizations, including those agencies that commented on the Draft EIR and to local libraries. PCR will also prepare a Notice of Completion to be sent along with copies of the Final EIR to the State Clearinghouse and County Clerk. As with the Draft EIR, PCR will prepare electronic files for posting of the document to the City website and will prepare CDs of the Draft EIR for distribution by the City. PCR will also prepare and distribute a Notification of Final EIR Review Locations to a list agreed to by the City. This notice will state the libraries where the Final EIR is available for review and the address for review of the Final EIR City of Newport Beach Back Bay landing Development EIR PCR Services Corpomcion 21 Revised Proposal April 2012 on the City website. Ten days after the Final EIR is sent to commenting agencies, public hearings regarding the project can commence. Upon project approval, PCR will file the Notice of Determination (NOD) with the County Clerk and pay all requisite County and CDFG CEQA filing fees, as necessary. This notice will start a 30 -day statute of limitations with regard to approval of the project and certification of the Final EIR. Products o Administrative Final EIR I for City Review (5 hard copies and 1 electronic copy) o Administrative Final EIR 11 for City Review (5 hard copies and 1 electronic copy) m Final EIR for Public Distribution (50 hard copies and 1 electronic copy) o Notice of Completion (50 hard copies and 1 electronic copy) e Notice of Final EIR Review Locations (SO hard copies and 1 electronic copy) o Notice of Determination (1 hard copy and 1 electronic copy) o Findings of Fact/Statement of Overriding Considerations (1 electronic copy) Task 5: Meetings, Hearings, and Management Coordination The precise number of meetings required to complete the environmental review process for the project cannot be determined at this time, though PCR has estimate the time necessary for meetings based on four staff hours of preparation and attendance time per staff person per meeting, and six hours of preparation and attendance time per staff person per public hearing. As such, based on information provided in the City's RFP, PCR has assumed that one kick-off meeting and at least six (6) regular meetings and/or conference calls on the CEQA document/process will occur. In addition, throughout the course of the project, regular as -needed coordination with the City either by phone or in person will be required for technical input to the EIR and to address questions or comments regarding the EIR, particularly during preparation of the Draft EIR. The PCR Project Manager for the EIR effort will utilize regular communication in this manner to ensure that the City's Project Manager is apprised of current efforts and any notable issues, and is up-to- date on CEQA document status and schedule. Additionally, as discussed above, PCR assumes that a scoping meeting will be held for the project during the NOP comment period, and that PCR staff will attend up to three (3) public hearings regarding the proposed project EIR. With regard to the EIR scoping meeting, PCR will assist City staff in meeting preparation and will also be responsible for preparation of meeting materials (PowerPoint presentation, large -format posters/boards, and/or handouts, as deemed appropriate by City staff), presentation of the proposed project and the CEQA process, answering public/agency questions, and recording/collecting comments provided by meeting attendees. SCHEDULE PCR estimates that the EIR process can be completed within approximately nine (9) months from authorization to proceed and receipt of necessary project information needed to complete the Initial Study and Draft EIR. Fundamental to maintaining schedule and budget is that the Project Description remains essentially unchanged throughout the process, and the document review cycles are met. Based on the scope of work provided above, completion of the Draft EIR can be accomplished within approximately five (5) months, which will be followed by a 4S -day public circulation period. It is forecasted that the Final EIR can City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation 22 Revised Proposal April 2012 be completed approximately two (2) months from the close of the public circulation period. For a more detailed depiction of PCR's estimated EIR schedule for the proposed project, please see the Microsoft Project schedule on the following page. The City/applicant stated goal of City Council review by the end of 2012 is very aggressive, and therefore in order to maintain PCR's estimated EIR schedule, all technical reports provided by the applicant team must be received and deemed adequate to support the respective EIR analyses by the date(s) indicated in the attached MS Project schedule. If such technical reports are delayed, the overall EIR schedule will be adjusted accordingly. The PCR project team will commit the necessary resources to ensure the preparation of the EIR and related environmental documents within the desired time frame. However, in the event that changes to the Project Description occur after it has been drafted, project information is not available or complete, changes in technical reports prepared by others, comments greatly exceed anticipated level, or if changes in the scope occur, the schedule would be affected. PCR will notify the project team at the earliest point possible if issues arise with the potential to affect the project schedule. PROPOSED FEES Based on our understanding of the project and the scope of work provided above, our estimated fee to prepare the EIR includes PCR labor in the amount of $153,250, and direct expenses in the amount of $8,400. Additionally, PCR has also included two optional tasks totaling $28,920. The breakdown of this fee by task is provided in the table below. PCR reserves the right to transfer fees among line items, subject to City approval, as budget Flexibility is needed to respond to shifts in effort that invariably occur due to unexpected circumstances. Should the need arise for additional professional services beyond those set forth in the scope of services due to changes in the process or the regulatory environment, PCR will request written authorization from the City to proceed prior to the initiation of the additional services. Factors triggering an increase in the scope of services and a revised fee may include, but are not necessarily limited to: modifications in the project after the Project Description has been drafted; analysis of technical issues other than those identified in this scope of work; revisions due to changes in the technical reports prepared by others; more team or City comments or meetings than contemplated; more public comments than contemplated; production of additional documents; or significant delays in the project beyond the control of PCR. As stated above, in the event that the environmental analysis identifies impacts that cannot be fully mitigated, PCR will immediately notify the team to discuss appropriate options. City of Newport Beach Back Bay Landing Development EIR PCN Services cnrpomtion 23 ID U Task Name 1 Stan Task 1 -Called OalelPrepare Project DoscrptlaNTechnical Studies 2 Mon 4191$ PCR neaitea imestid data and npplsal W.hNe.1 reports pM romuwa far moods, 3 Mon 419112 Preps. First Dred Project Descdptten and EIR Outline 4 Mon 4110112 CitylApplkant Tom Review of Project Description and SIR Cilite 5 Man 42112 PCR Pannone PNP61 Oesciplgn 6 Thu 426112 PCR Prepares Tecllnical Studies i Fri 4a7/12 Lily Review of Technical Studies 8 Fdwell Task 2 -Prepare Initial SludyWholice of PrtparafioNNollce of Public Seeping Meeting 9 Fd 4122112 PCR Pmpme and Submits Admindlmlbe Drag lmlwl SludyAJOP for City Review 16 Fri 422112 City R.A.ye of Adminislralive Drug ISINOP 11 Fri 91Oil 2 PCR Revises and FlnellaeslS/NCP for Public Distribution 12 Fd 5125112 30-0ay Public Review Period So lMCP 13 Tue 529113 TaskJ - Prepare and Distribute DRll Environmental lmpoa Repetl i4 Fri 618112 Prepare Administrative Olnh ER I for Chi review - l5 PH 6/8112 City revlew of Administrative Drell E10 19 Fd 8117112 Prepare Administrative Omfl SIR II for Cut, revlew 17 Fd 821112 City review of Admintalneive Open SIR 11 18 Fd 9114112 Frepmo Pui Chad OUR Ire Cay ReNew 10 Ftl 921112 City Rowew of Pro PMI Dhan SIR - 20 - -J{ Finalize Orad SIR per CM CommenlslDatibme Cmb SIR - 21 Fd SCUM 45.Oay Public Review of Draft OUR i3 Thu 1014112 Task 4 -Prepare Final She 23 74 Farm, Roponses to Common lMEnoto 24 Thu %111/12 City Review of Repeous la Comforters 2$ 74 Prepare and 0lluslute Final SIR 26 3 Planning Ldmminann. Headnp 27 74 city Council Hcannq ame.'12 kpv. "12 soP.z.'rz stop L. 12_, uu aa,_m _ _ _ _. _ M F T_ S W_ 6 T M � F_ T 5 W_ b Pr.jed: Newport Back Be, Lending El l Task �_ a� Proms. ® Summery Evemal Tasks C �] Desitin. Dale: Tu.4tl113 Split mission. Project Summar, External Milestone 0 R duration Stan Polish 49 tlays Mon 4191$ This 6114113 5 data Mon 419112 Fn 4113112 5 days Mon 4110112 Fit 420/12 3 do, Man 42112 Wed 425112 l day Thu 426112 The G26112' 0 wks Fri 4a7/12 Thu 68112 I vrk Fdwell Thu 8/141124 45 days Fd 4122112 The Well 3 v Fri 422112 The 5112112 5 days Fri 91Oil 2 Thu 524112 3 days Fd 5125112 To. 529112 30 .days Tue 529113 Thu 628112 116dhys Fri 618112 Sun 11118112 lowks PH 6/8112 Thu 8116112 2wks Fd 8117112 Tbu B2ol12 2wks Fd 821112 Thu 8113112 lwk Fd 9114112 Thu92o112 2 don Ftl 921112 Tue 925112 2 days Wad 926/12 Thu 927/12 -6days Fd SCUM Thu 1W4112 45 cloys Thu 1014112 bun 11118112 49 days Thu 1111112 Tue 118113, 3 A Thu %111/12 Wed 1121112 'i M Thu n2v12 Wed 1128112 1 wk Thu 1129112 Wed IVU12 1 day TM1u 1220112 Thu 12110112 l day TYe 1/8113 Tue 1/6113 ame.'12 kpv. "12 soP.z.'rz stop L. 12_, uu aa,_m _ _ _ _. _ M F T_ S W_ 6 T M � F_ T 5 W_ b Pr.jed: Newport Back Be, Lending El l Task �_ a� Proms. ® Summery Evemal Tasks C �] Desitin. Dale: Tu.4tl113 Split mission. Project Summar, External Milestone 0 R IechnlW SwGea Di j 4,650 ImNovav SeNw GS 4,050 iabla S fi,000 P' IPA P pj RNp SpacWhV PUYrcallvn ProNNon S 5,000 Ndw P3myds Tank (EPG) PI . PLnnal Grzp'tlo a9palallal Spttlapal TOTAL TECHNCAL MOSES TASKS $ 24,520 S N4 3 141 S RI f IaT S 14 S 31 Noun Coq Task 1: Rnx11ni8aEONCdlacl Ovta, ssM RgaG GensdPtion SOKLI: MKta G n 8 16 24 S 3,120 901adt 1.2 DamplgmM pS 2 B 16 26 S3528 sIEtaQ1.3: Rwue psoleal Vom'quon 1 4 B a 4 25 $ 2,916 subtotal Tas&1 75 $ 9,581 Task?: Pw las & MzWbutaInlVvl StldyNcMScjNOP Slb 21: Me IUW Swdy Po09NNOP 2 8 16 26 S 3,528 $Wiasl.22 Fmdb Sh10y ftG NNM 1 4 B 13 $ 1.761 Siblwkn MwlTafa 2 4 B 8 B 30 $ z Sublplal TasA2 to $ 8,112 To413: Reww&psldbum OmNEIR SWIau3.1: islswwMlah GMEW 0 $ - Stm 2 B 10 3 L264 Rgsl Oemip4sn 4 8 12 S I.w AoslhOEcs 2 8 24 34 S 4,496 Aa G4MIy 2 4 8 14 $ 1.988 BW4picd RBs11m5 2 4 8 14 S 1,968 Wbsd R.. 2 4 B 14 S 1,968 G INY&Saws 2 B 16 26 S 359 GerMOusa Gawaf2Md C6mels Chary. 2 4 B 14 S 1.960 H..&&HaxmEws Mdends 2 4 12 18 S 2,452 HyN.bgy AC ,d 2 B 16 26 $ 3,528 Lmtl &PwmbO 2 16 0 SB S 7,616 Ndw 2 4 B 14 S 1.968 POpulallm&Hwu q 2 6 16 24 S 3,232 NIft SOINces 2 8 u 42 S 51484 Ti's 2 8 16 28 S 3,528 umtes&sOMse Sys 2 8 32 42 $ 5,484 NIOmdMoe 4 24 40 fib S 9.208 MaNdmy CEOASecBwu 1 4 16 21 S 2,732 A9BBatbn Almvbkg Rogan 1 2 12 15 S 1,952 9Mo9.322NSoem3l MMNR 4 16 32 52 S 7,056 S W13: Fmd01MEIR 2 6 16 26 S 3528 Sublask3.1: U6aiblda 4 6 12 12 I6 52 S 4,916 Subwtal Ta#3 632 S B1,351 T0a54' P:gat* & gauibcw Red EIR Sl M* 4.1: lq Suwndwb. Respmm toCwmommFmd EW 4 ifi 40 SO $ 8,024 plbusk 4, 2: Nd 6axndchsk Raw. w Camnsm and OR 2 8 is 26 S 3,528 SublaA4,3: Rnd R4s WWCwmwnWFind EIR 1 4 B 13 S 1,761 SWlwk 41: CEOA RrdBs& SOC 2 B 12 22 S 3,OW $ub.w T9ak 4 171 3 16,360 Task 5' Mee0lryla & Haadnga Subt 5.1: Kick W MsB91g 2 4 6 5 1,000 S101ask 52 Nuts pi, MwOlg 6 6 12 $ 1,614 SIAWdl51: PrcjWCarLAdMMed'mps 4 12 161 2.592 SUMask S4: NY.lbadlgs iB 6 24 S 3,320 SWIazk SS:I.Iaad9arenlCardma6on 32 32 S 4,736 Subl. 9p $ fr.3T2 B,)J2 IechnlW SwGea 5 4,650 ImNovav > 4,050 Air Ouatlp MdYds S fi,000 Aidlw*gid mN Ms WWcd Res ws Assasmas MAmp S 4,020 Genbww GasOMiobd C6mawthmge Pau)Ics S 5,000 Ndw P3myds 5 9,5x0 SIBIIOW 1a1w S 24,520 TOTAL TECHNCAL MOSES TASKS $ 24,520 E>Pa+aea Ravlogap2ca 5 4,500 OdnryNOAags $ FAo TamapwWim s 290 Ua COu*.dWFGCEOAF&,Fees 5 3,200 TOTAL WENSES $ &,400 NidwEflewmma A:�smrom 5 4,650 Shcmd h>Hmse > 4,050 tobwnwlWW Yiwd SinNMona (VsonSc In ,) 5 14,400 Mahw&ow9 Ass im m(A91kd&A 'alec) 5 9,070 &IbNld Submnmemnk S 24,270 TOTAL OPRORAL TASKS $ 3$,920 (iWithaut op was tasks) 161.8 3 F GRAN D TOTAL (with ophona tasks) S 190,572 nti Revised Proposal April 2012 PCR cannot precisely indicate the level of effort and associated fees that will be required to incorporate team and City revisions to the various iterations of the Draft and Final EIR. In these instances, we have proposed allowances for these tasks. As indicated above, PCR expects a moderate level of comments on the Draft EIR and thus proposes an allowance of $8,020 (60 staff hours) to complete the First Screencheck Final EIR for City review. In the event less effort is required than provided for with these allowances, PCR will not bill the balances. Similarly, if these allowances are not sufficient to complete the First Screencheck Final EIR or to incorporate City revisions to the Draft EIR or Final EIR, PCR will request additional authorization from the City. Fees and charges will be billed on a monthly basis in accordance with the schedule of PCR 2012 Billing Rates and Expense Charges presented at the end of the proposal narrative. PROJECT TEAM The success of any project depends on the skills, capabilities, knowledge, and experience of the assigned project manager and key personnel to develop and execute the proposed work plan. These individuals are ably supported by a robust, in-house team of planners, engineers, and scientists in their respective fields. Each member of the core team is sought after by public agencies and private entities alike. The PCR team commits the individuals identified in this proposal and will commit the staff necessary to meet the objectives of each assignment. Short biographies are provided below. One-page resumes showing education/credentials for key personnel and additional in-house personnel that may be called upon to supplement the team are provided in the Attachment. Core Project Team Jay Ziff, PCR Principal and Director of the Environmental Planning & Documentation Division will serve as the Principal -In -Charge and is available to dedicate 10 percent of his time to this project. In this role he will provide technical oversight and strategic advice, as needed. Mr. Ziff has over 20 years of experience as a professional CEQA/NEPA consultant. Mr. Ziff has managed preparation of a full range of documents pursuant to CEQA and NEPA. He served as the Principal -In -Charge of the Santa Monica Pier Gangway Project and Phase 4 Structural Upgrade MND; Golden Shore Master Plan, a mixed-use project for the City of Long Beach in the coastal zone; and the Camp Emerald Bay MND, a recreation project on Catalina Island. Additional experience includes numerous mixed-use, commercial/retail, residential, and infrastructure projects throughout Southern California. Mr. Ziff would David Crook, AICP, LEED AP, Principal Planner, will serve as Project Manager, primary CEQA document preparer, and primary contact for the City on this project and is available to dedicate 40 percent of his time to this project. Mr. Crook has over 12 years of experience preparing everything from a Notice of Exemption to leading a large-scale EIR. His experience includes serving as project manager for the Santa Monica Pier Gangway Project and Phase 4 Structural Upgrade MND; Golden Shore Master Plan EIR, a mixed-use project for the City of Long Beach in the coastal zone; and the Camp Emerald Bay MND, a recreation project on Catalina Island; and North Main Street District Specific Plan EIR, a redevelopment project for the City of Corona. Additional projects include the Dana Point Harbor Revitalization Project Program EIR for the County of Orange; the Beverly Hills Gardens and Montage Hotel Project EIR in the City of Beverly Hills; the San Gabriel Center EIR in the City of San Gabriel; and the EI Centro de Huntington Park EIR in the City of Huntington Park. City of Newport Beach Back Bay Landing Development EIR PCN Services Corpomtion 26 Revised Proposal April 2012 Heidi Rous, CPP, Director of the Air Quality, Climate & Acoustic Services Division has over 20 years of experience preparing air quality analyses. She will serve as the Air Quality and Global Climate Change Task Leader and is available to dedicate 20 percent of her time to this project. Ms. Rous is a recognized authority in air quality, health risk, greenhouse gas (GHG) emissions, and permitting. Ms. Rous has managed Air Quality Impact Assessments (AQIA) and Health Risk Assessments (HRAs) required under various state and federal environmental regulations including NEPA, CEQA, RMPP, Cal ARP, AB2588, and Proposition 65. She has authored numerous Air Quality, Human Health Risk, and Risk of Upset sections to FIRS, EISs, Environmental Assessments (EA), greenhouse gas analyses, and permit processing for a variety of public and private clients. Relative to the Back Bay project, Ms. Rous prepared the Air Quality/Greenhouse Gas analyses for numerous projects throughout Southern California including the ASCON Landfill in Huntington Beach, the Santa Monica Pier Gangway Project and Phase 4 Structural Upgrade MND, and the air quality analysis for the Golden Shore Master Plan EIR in Long Beach. Everest Yam, Senior Air Quality Engineer, has over 8 years of experience and a comprehensive knowledge of air quality and noise. He will support Ms. Rous in the completion of the air quality and greenhouse gas analyses and available to dedicate 20% of his time. Mr. Yan has technical expertise conducting air impact analyses using emissions inventory models such as EMFAC, URBEMIS, OFFROAD, MOBILE6/MOVES and AP -42 Emission Factors. He also has extensive experience in performing roadway (mobile source) dispersion modeling using EDMS for airport operations, CALINE4/CAL3QHC for roadway emissions, ISCST3/ AERMOD dispersion modeling for construction and operations, and health risk assessments using HARP. Mr. Yan prepared the air quality impact studies for Church of the Woods in San Bernardino, Huntington Gardens/Library in San Marino, Santa Monica High School, Los Feliz Charter School and various LAUSD schools. In addition, he prepared the CEQA-level Air Quality Technical Report and Global Climate Change Technical Report to assess the potential impact of the proposed development for the TVI Ecocentre in the City of Irvine and the Getty Center in Malibu. Kyle Kim, Ph.D., Senior Acoustics Engineer, has over 10 years of academic and professional experience. He will serve as the Noise Task Leader and is available to dedicate 20 percent of his time to this project. Dr. Kim has designed specifications for mechanical systems and conducted noise assessments for aircraft noise, traffic noise, and design response. He regularly performs construction and operational noise monitoring and roadway noise generation analysis for residential, infrastructure, industrial, and mixed-use projects subject to CEQA and NEPA compliance. His relevant project experience includes a noise study for the Ascon Landfill EIR; Huntington Beach Skate Park; Golden Shore Master Plan EIR and the Orange County Fire Station #18 MND. Gavin Archer, MA, RPA, Director of Archaeology & Paleontology, has over 30 years of experience having studied and practiced anthropology and archaeology in California, Arizona, and several other states since 1982. His research interests include the prehistory, history and ethnography of the American West. Mr. Archer will serve as the Archaeological and Paleontological Task Leader and is available to dedicate 10 percent of his time to this project. His expertise includes all aspects of archaeological investigation, documentary research, Native American consultation, permitting, and regulatory compliance. Mr. Archer has successfully managed diverse cultural resources consulting projects for public and private sector clients, and including a variety of resources: Native American prehistoric occupation sites, traditional cultural properties, and sacred lands, and Historic Period sites, buildings, and structures. Examples of his field experience include: a central Alaskan Paleoindian encampment, windward O'ahu Island pondfields, Archaic, Hohokam, and Trincheras villages of the Sonoran Desert, and the Tomato Springs sites of coastal southern California with hunter -gatherer occupation components dating from 7,500 years before present to Spanish City of Newport Beach Back Bay Landing Development EIR PCR Services Corporedon 27 Revised Proposal April 2012 contact in the late 1700s. His research has also included landfill "garbology;' Tarahumara ethnoarcha=ology, Great Depression homesteading, and the early 20th century remains of downtown Phoenix and Los Angeles. Kyle Garcia, a Senior Archaeologist, will support Mr. Archer with Archaeological and Paleontological support. Mr. Garcia has over seven years of experience in archaeology and paleontology. Mr. Garcia will serve as the Archaeological and Paleontological lead technical analyst and is available to dedicate 20 percent of his time to this project. Mr. Garcia has contributed his services and expertise to over 300 projects at PCR subject to requirements of the CEQA, Section 106 of the National Historic Preservation Act (NHPA), the NEPA, and other federal, State, and local regulations. He regularly coordinates with Native American groups, clients, and regulatory agencies on behalf of clients. These projects included infrastructure, utilities, parks, mixed-use, residential, industrial, and commercial developments that served a variety of public and private sector clients throughout California and Arizona. His experience includes a numerous projects including record searches, Phase 1 field surveys and reports, and monitoring. Local experience includes the Newland Street Monitoring in Huntington Beach, a half-dozen projects for the City of San Juan Capistrano, an Orange County Fire Authority fire station, and the Heritage Fields (Orange County) Great Park. Margarita J. Wuellner, Ph.D., Director of the Historic Resources Division has over 20 years of professional experience in the practice of applied architectural history, historic preservation and cultural resources management. She will serve as the Historic Resources Task Leader and is available to dedicate 20 percent of her time to this project. Dr. Wuellner has extensive experience in the management, preservation, and treatment of historic properties for compliance with Sections 106 and 110 of the National Historic Preservation Act (NHPA), National Environmental Protection Act (NEPA), Section 4(f) of the Department of Transportation Act, California Environmental Quality Act (CEQA), and local preservation ordinances. She is a specialist in the study of visual culture, Modernism, urbanism, and cultural landscape. Her qualifications and experience meet and exceed the Secretary of the Interior's Professional Qualification Standards in History, Architectural History, and Historic Preservation Planning. She has extensive coastal experience working on numerous historical evaluations within the coastal cities of Laguna Beach, Santa Monica, and Hermosa Beach. Lawrence Honma, is a Senior Project Manager and Scientist with Merkel & Associates, specializing in coastal marine habitats. He will serve as the Marine Biological Resources Assessment Task Leader and is available to dedicate 30 percent of his time to this project. He has over 20 years of experience that has varied from sediment quality assessments of bays and harbors to ecological investigations of intertidal and near shore subtidal areas of California, Hawaii, the Marshall Islands, Micronesia, Mexico, and Alaska. He has served as project manager or senior scientist for programs such as the San Diego Regional Beach Sand Project, the U.S. Navy CVN near shore monitoring program, and Southern California Edison's NDPES kelp forest and fish community monitoring program. Mr. Honma has prepared numerous Water Quality, Marine Resource, and Fish sections to comply with CEQA or NEPA requirements, as well as technical reports. In addition, he has prepared numerous Essential Fish Habitat Assessments (EFHA) in accordance with the Magnuson -Stevens Fishery Management and Conservation Act several of which have required consultation with National Marine Fisheries Service. Eddie Font, is the president of VisionScape Imagery, specializing in the production of highly accurate and incredibly photorealistic still image renderings, visual simulations, animations, and interactive presentations. He will serve as both the technical lead and Principal -in -Charge for the optional visual simulations task and is available to dedicate 20 percent of his time to this project. He has over 20 years of experience that has varied from competitive analysis, 3D Model Simulation, illustration, animation, storyboarding, photoshop, architectural visualization, rendering animation, financing and business. Mr. Font City of Newport Beach Back Bay Landing Development EIR PCR Services Corpomdon 28 Revised Proposal April 2012 is a proud member of various building industry affiliations including the American Planning Association's California Chapter and the Building Industry Association. In addition, he also serves as the Board of Directors for the Sales & Marketing Council of Southern California and was the Co -Founder of Font Design Visualization Inc. and the architectural coordinator at Pardee Homes. PROJECT HISTORY The projects in the section below describe PCR's relevant experience as it pertains to similar projects and/or direct experience with the City. PCR Services Corporation Santa Monica Pier Upgrade, Santa Monica, California - PCR prepared the environmental documentation for the proposed structural upgrades to the existing pier and the addition of a gangway and Floating doc. The proposed improvements, including Floating dock, gangway, and supporting pilings, are necessary to ensure ongoing safe operation of the pier, allowing for boat -assisted evacuation of the seaside end of the pier during an emergency. Given the nature of the proposed improvements, the bulk of environmental impacts relate to temporary construction activities, including air quality, biological (marine) resources, and greenhouse gas emission/global climate change. PCR worked with City staff to engage stakeholders (e.g., resource agencies, California Coastal Commission, residents, community organizations) in order to address concerns up front and minimize the potential for controversy. Villa Marina EIR, Marina del Rey, California - PCR prepared the EIR for a proposed condominium and retail project on a 4 -acre site at the southeast corner of Lincoln Boulevard and Maxella Avenue in Marina de Rey. The project proposes approximately 300 units, including a percentage set aside for low-income families. The project is four stories in height plus subterranean parking, with retail uses on the ground Floor and residential on the remaining Floors. The project is subject to the requirements of a variety of jurisdictions due to its location. The site is located within the Palms -Mar Vista -Del Rey Community Plan area as well as being within the boundaries of the Los Angeles Coastal Transportation Corridor Specific Plan. The Project site is also within the coastal zone and therefore, is under the jurisdiction of the California Coastal Commission. Venice Residential Development, Venice, California - PCR prepared an Initial Study in support of an MND for the proposed three -phased residential development on a 6 -acre site located in the southeastern portion of the Venice community. Due to its location, the project was subject to the regulations and policies set forth in the Oxford Triangle Specific Plan, Venice Coastal Zone Specific Plan and the Venice Coastal Land Use Plan. Given that the project consists of multi -family housing, it would enhance land use compatibility in the area, particularly for the adjoining single-family residential uses. This project was approved after an extensive process of resolving neighborhood issues. Golden Shore Master Plan, Long Beach, California - PCR prepared the EIR for the Golden Shore Master Plan, a proposed project in downtown Long Beach that would provide new residential, office, retail, and potentially hotel uses within the approximately 6 -acre project site. The proposed project includes three development options: a residential option and two hotel options. The Residential Option would include 1,370 condominiums, an estimated 340,000 square feet of office space, 28,000 square feet of retail uses, approximately 3,355 parking spaces, open space, and other amenities. Under both Hotel Options City of Newport Beach Back Bay Landing Development EIR PCR Scrvkes Corpomdon 29 Revised Proposal April 2012 development would include 1,110 condominiums, a 400 -room hotel including conference/banquet facilities, and similarly proportioned square footage of office space, retail uses, parking spaces, open space, and other amenities as the Residential Option. PCR's EIR included a comprehensive analysis of all three development options for the proposed project, with primary issues of concern being traffic and circulation, air quality issues related to the nearby Port of Long Beach, construction noise and vibration, and aesthetics/views and shade/shadow related to the proposed building heights. Despite changes to the original project design and associated scope of work, PCR was able to complete the analysis of all project options in a timely fashion and within the original project budget. Camp Emerald Bay Master Plan, Santa Catalina Island, Los Angeles County, California - PCR is currently preparing CEQA documentation in support of the Boy Scouts of America Western Los Angeles County Council's Camp Emerald Bay 2011 Master Plan project on Santa Catalina Island. The 2011 Master Plan provides a mechanism for the long-term expansion and improvement of the existing camp facility over an approximate 20 -year period, and given the site's unique location on Santa Catalina Island, the project involves a number of key environmental challenges. These challenges include the site's location directly on the coast with direct beach/ocean interface, sensitive biological resources including native habitat, a known archaeological site on the property, wildland fire hazards, views/scenic resources, and several on-site natural drainages. PCR performed project -specific technical analyses for air quality, greenhouse gas emissions/global climate change, archaeological and historic resources, and biological resources/jurisdictional features in support of the environmental document. Our Lady Queen of Angels; Newport Beach, California - PCR prepared the MND for the proposed expansion of the school and church facilities at Our Lady Queen of Angels located within the Eastbluff community for the City of Newport Beach. The proposed expansion was based on the acquisition of just over 4 acres previously by the adjacent St. Mark Presbyterian Church. PCR addressed air quality, geology/soils, hazards/hazardous materials, noise, and traffic. As proposed, St. Mark's relocated facilities to San Joaquin Hills Road and ultimate vacation of the Domingo Drive location providing for the expansion of the Our Lady Queen of Angels site. The document was approved and the project was built. Land Rover Newport Beach Service Center MND, Newport Beach, California -PCR prepared the MND for a proposed service center and storage facility associated with the existing Land Rover Dealership on Jamboree Road for the City of Newport Beach. The proposed facility would be located approximately four miles from the Jamboree Road location and would house vehicles awaiting service and new inventory. In addition to the MND, PCR prepared a recirculated MND and coordinated a shorter review period with the Department of Toxic Substance Control, Regional Water Quality Control Board, and Airport Land Use Commission of Orange County, and filed a Certificate of Fee Exemption with the California Department of Fish and Game. The document was approved and the project was built. Conexant Systems EIR, Newport Beach, California - PCR prepared an EIR for the expansion of the Conexant Systems, Inc. facility for the City of Newport Beach to provide for 566,000 additional square feet of light industrial and supporting office/lab space. The initial work effort consisted of the preparation of an Initial Study that focused the scope of the Draft EIR to include specific environmental topics. Due to its location directly adjacent to two other jurisdictions (City of Irvine and University of California, Irvine), the project involved extensive research in order to define the cumulative setting for the land use and traffic analyses. The EIR addressed the following environmental issues: Land Use and Planning; Population; Water Quality; Air Quality; Transportation/Circulation; Noise; Public Services; Utilities and Service Systems; Aesthetics; and Recreation. City of Newport Beach Back Bay Landing Development EIR PCR Scr irns Corpomdon 30 Exhibit B PCR Services Corporation PCR 2012 BILLING RATES AND EXPENSE CHARGES Professional Time Environmental Planning & Documentation President........................................................................................................................................................$278.00 2.00 Director/Principal......................................................................................................................................$204.00 Principal..........................................................................................................................................................$185.00 AssociatePrincipal.....................................................................................................................................$167.00 PrincipalPlanner........................................................................................................................................$148.00 SeniorPlanner II.........................................................................................................................................$135.00 $93.00 SeniorPlanner I...........................................................................................................................................$121.00 $79.00 Planner............................................................................................................................................................$107.00 $65.00 AssociatePlanner......................................................................................................................................... $93.00 AssistantPlanner.......................................................................................................................................... $79.00 Technician........................................................................................................................................................ $65.00 Intern................................................................................................................................................................. $52.00 Biological Services Principal/Director......................................................................................................................................$23 2.00 Principal Environmental Scientist.......................................................................................................$175.00 AssociatePrincipal.....................................................................................................................................$167.00 Principal Environmental/Regulatory Scientist..............................................................................$165.00 PrincipalBiologist......................................................................................................................................$148.00 SeniorBiologist 11.......................................................................................................................................$135.00 $93.00 SeniorBiologist I.........................................................................................................................................$121.00 $79.00 Biologist..........................................................................................................................................................$107.00 $65.00 AssociateBiologist....................................................................................................................................... $93.00 AssistantBiologist........................................................................................................................................ $79.00 Technician........................................................................................................................................................ $65.00 Intern................................................................................................................................................................. $52.00 Air Quality, Climate & Acoustics Director........................................................................................................................................................... $167.00 Principal Engineer/Scientist..................................................................................................................$148.00 Senior Engineer/Scientist 11...................................................................................................................$135.00 Senior Engineer/Scientist 1.....................................................................................................................$121.00 Engineer/Scientist......................................................................................................................................$107.00 Associate Engineer/Scientist................................................................................................................... $93.00 Assistant Engineer/Scientist.................................................................................................................... $79.00 Technician........................................................................................................................................................ $65.00 Intern................................................................................................................................................................. $52.00 Historic Resources Director...........................................................................................................................................................$167.0 0 PrincipalHistorian.....................................................................................................................................$148.00 SeniorHistorian11......................................................................................................................................$135.00 SeniorHistorian I........................................................................................................................................$121.00 Historian.........................................................................................................................................................$107.00 AssociateHistorian...................................................................................................................................... $93.00 Assistant Historian Intern Archeological & Paleontological Resources $79.00 $65.00 $52.00 Director...........................................................................................................................................................$167.00 Principal Archaeologist/Paleontologist............................................................................................$148.00 Senior Archaeologist/Paleontologist iI.............................................................................................$135.00 Senior Archaeologist/Paleontologist I...............................................................................................$121.00 Archaeologist/Paleontologist ................................................................................................................$107.00 Associate Archaeologist/Paleontologist............................................................................................. $93.00 Assistant Archaeologist/Paleontologist.............................................................................................. $79.00 Archaeological/Paleontological Technician...................................................................................... $65.00 Intern................................................................................................................................................................. $52.00 Support Senior GIS Specialist/Senior Graphics...............................................................................................$107.00 GISSpecialist...................................................................................................................................................$83.00 GraphicsSpecialist....................................................................................................................................... $83.00 PublicationsSpecialist................................................................................................................................$74.00 ProductionSpecialist..................................................................................................................................$74.00 M NEWPORT.B_EAU = CITY OF 6,rn 2 `' 2012 NEWPORT BEACHniRDW �<CORN`r City Council Staff Report Agenda Item No. 6 April 24, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949-644-3226, kbrandt@newportbeachca.gov PREPARED BY: Jaime Murillo, Associate Planner APPROVED: T " TITLE: Professional Service Agreement with the PCR Services Corporation for Environmental Services (PA2011-216) ABSTRACT: Community Development staff requests an approval of a professional services agreement with PCR Services Corporation for environmental consulting services for the preparation of an environmental impact report for the proposed Back Bay Landing mixed-use development located at 300 East Coast Highway. RECOMMENDATION: Approve the Professional Services Agreement (Attachment A) and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. The entire cost of this consulting service ($190,572.00) will be reimbursed to the City by the applicant (Bayside Village Marina, LLC). DISCUSSION: On December 14, 2011, the applicant submitted an application for legislative approvals to accommodate the future redevelopment of the project site with a mixed-use waterfront development Attachment B provides an aerial photograph delineating the boundaries of the project site. Existing uses on the site primarily include outdoor storage for recreational vehicles and small boats on trailers, kayak rentals, restrooms and parking for the Bayside Marina. The site is currently designated by the General Plan for Recreational and Marine Commercial 1 Professional Service Agreement with the PCR Services Corporation for Environmental Services (PA201.1-216) April 24, 2012 Page 2. (CM) uses; however, the applicant is requesting land use amendments and related applications to provide for a future integrated, mixed-use waterfront project implementing the CM designation of the site, while allowing for limited residential use. Specifically, the project would allow for the future development of a new enclosed dry stack boat storage facility for 135 boats, 43,500 square feet of visitor -serving retail and recreational marine facilities, and up to 49 attached residential dwelling units. The project would also include provisions for a new public bay front access trail and roadway improvements. Applications include a General Plan Amendment, Local Coastal Plan Amendment, Planned Community Development Plan, Transfer of Development Rights, Lot Line Adjustment, Development Agreement, and a Traffic Study, The applicant has requested the preparation of an environmental impact report (EIR) and staff concurs. Staff mailed out a Request for Proposals (RFP) to a total of four environmental consulting firms. Two firms submitted proposals: PCR 'Services Corporation submitted a proposal in amount of $190,572.00 and AECOM submitted a proposal in, the amount of $242,460.00. Based on careful review of the two proposals, staff has determined that both firms are qualified; however, PCR Services Corporation was selected based oncost. ENVIRONMENTAL REVIEW: Retention of consultants is not a project as defined by California Environmental Quality Act (CEQA). NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submit ed by: , 1 Kimberly Brandt, Director Attachments: A. Professional Services Agreement with PCR Services Corporation B. Project Site Exhibit City Council Attachment A Professional Services Agreement with PCR Services Corporation 3 4 PROFESSIONAL SERVICES AGREEMENT WITH PCR SERVICES CORPORATION FOR BACK BAY LANDING ENVIRONMENTAL ANALYSIS THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of this __ day of May, 2012 by and between the CITY OF 'NEWPORT BEACH, a California Municipal Corporation ("City"), and PCR SERVICES CORPORATION, a California corporation ("Consultant"), whose address is One Venture, .Suite 150, Irvine, California 92618 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 is considering an application for Back Bay Landing Development. .C. City desires to engage Consultant to prepare environmental documents in accordance with the California Environmental Quality Apt ("CEQA") .."Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be David Crook. F. 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 above written date, and shall terminate on July 31, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Work' or "Services"). The City may elect to delete certain tasks of 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 the Services shall be performed to completion in a diligent and timely 5 manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 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. to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, 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 Thousand Five Hundred Seventy -Two Dollars and no/100 ($190,572.00) 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) days after approval of the monthly invoice by City staff. "4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.3.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement,, which have been approved in advance by City and awarded in accordance with this Agreement. 4.3.2 Approved reproduction charges. PCR Services Corporation Page 2 M, 4.3.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4. Consultant shall not receive any compensation for Extra Work performed Without the prior written authorization of City. As used herein, "Extra. Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated David Crook 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. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department. Jaime Murillo, Associate Planner or.his designee, shall be the Project Administrator and shall have.thre authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. 7.1.2 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. PCF; Services Corporation Page 3 7 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. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants. to City that it has, shall obtain, and shall keep in full force in 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, or 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, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, subconsultants, 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 attorney's 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 PCR Services Corpvratior Page 4 N limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. 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 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 and/or his/her duly authorized. designee 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 14.1 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. 14.2 Proof 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. 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. PCR Services Corporation Page 5 9 14.2.1 Consultant shall procure and maintain for the duration of the titract insurance against claims for injuries to persons or damages to property, which ,ay arise from or in connection with the performance of the Work hereunder by Jonsultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's proposal. 14.3 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. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.1.1 Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non-payment of premium) prior to such change. 14.4.1.2 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.. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than o ne million dollars ( $1_,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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 for each accident. 14.7 Professional Liability (Errors & Omissions) Coverage. 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) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. PCR Services Corporation Page 6 10 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 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 and insurance clauses from each of its subconsultants. 14.8.1.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1:3 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. 14.8.1.4 Notice of Cancellation. Consultant •agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense; any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 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 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 cotenancy, 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. PCR Services Corporision Page 7 WV111 16. SUBCONTRACTING City and Consultant agree that subconsutants may be used to complete the Work outlined in the Scope of Services_ The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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 (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. Consultant shall, at Consultant's expense, provide such Documents 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. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word, Excel or portable document format (.pdf). 19. 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 authorizes in writing the release of information. 12 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs; for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Work 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. 22. 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 his/her 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. 23. ERRORS AND .OMISSIONS In the event of errors or ornissions 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 accom plished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 The Consultant or its employees may California Political Reform Act of 1974 (the "Act"), disclose any financial interest that may foreseeably be subject to the provisions of the which (1) requires such persons to be materially affected by the Work PCR Services Corporation Page 9 13 performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 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 Consultants violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Jaime Murillo, Associate Planner Community Development Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3209 Fax: 949-644-3229 26.2 All notices demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: David Crook, AICP, LEED AP, Principal Planner PCR Services Corporation One Venture, Suite 150 Irvine, CA 92618 Phone: 949-753-7001 Fax: 949-753-7002 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in this Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 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 PCR Services Corporation Page 10 14 reasonably required to cure the default and the defaulting parry 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. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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. 29. STANDARD PROVISIONS 29.1 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 pen -nit requirements and be subject to approval of the Project Administrator and City. 29.2 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. 29.3 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. 29.4 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. 29.5 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. 29.6 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. PCR Services Corporation Page 11 15 29.7 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. 29.8 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. 29.9 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 of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 29.10 No Attorney's Fees. In the. event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29,11 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] PCR Services Corporation Page 12 16 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY, ,MTTORNEY'S OFFICE A California municipal corporation By:.( / Y V 7�-�� By: A ron C. Harp Nancy Gardner City Attorney `� Mayor ATTEST: CONSULTANT: PCR Services Date: Corporation, a California corporation Date: By: Leilani I. Brown City Clerk Attachments: document212.14.11 By: Steven G. Nelson Senior Vice President Date: Bv: Vida, Valderrama Chief Financial Officer [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates PCR Services Corporation Page 13 27 'Exhibit A PCR Ser;soes Corporation WA REVISED P-R0P0SAL a$. fb�t{►. Vii= re i'it pp}" q�iiipiiiiii Ili` Submimed. to: ��Qtvroe CITY OF NEWPORT BEACH- PLANNING DIVISION a ° . ai�••y 3300NewpoaBoulevard Newport Bmch, California 92660 Attention: Jaime Murillo, Associate Planner Submined byr. PCR SERVICES CORPORATION One Venture; Suite 150 _ Irvine, California 92618 Tel: 949.753.7001 P C R Contact: David Crook, AICP, LEED AP, Principal Planner April 2012 20 April 4, 2012 Mr. Jaime Murillo CITY OF NEWPORT BEACH Community Development Department — Planning Division 3300 Newport Boulevard Newport Beach, California 92663 ,1 a- �a 1P C R T Re: REVISED PROPOSAL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT AND RELATED TECHNICAL STUDIES FOR THE BACK BAY LANDING DEVELOPMENT PROJECT IN NEWPORT BEACH, CALIFORNIA Dear Mr. Murillo: PCR Services Corporation (PCR) appreciates this. opportunity to submit the enclosed revised proposal to prepare an Environmental Impact Report (EIR) and supporting-technicaf studies for the proposed Back Bay Landing Development in the City of Newport.Beach. With experience and expertise in providing California Environmental Quality (CEQA) documentation for public agencies throughout Southern California, PCR is well positioned to assist you with your environmental review needs. PCR, Services Corporation is a multi -disciplinary firm serving public and private clients for over 35 years. Established in 1974, PCR is known for meticulously crafted and, defensible CEQA and NEPA documents and expert command of technical issues in historic resources, air quality; noise, greenhouse gases/climate change, biology, archaeology, and paleontology., PCR offers full- service project management, careful attention in developing solutions to address City and stakeholder concerns, and superior technical command to conduct detailed and comprehensive analyses of key environmental issues. PLR's in-house, multi -disciplinary team specializes in all levels of CEQA and NEPA documentation, Historic Resources, Air Quality, Climate Change, Acoustics, Biology, Archaeology, and Paleontology. In addition, PCR has augmented its in-house team with Merkel & Associates to provide optional marine biological -resources services. This revised proposal is signed by Steve Nelson, PCR's Senior Vice President and Principal - In -Charge of the Irvine Office with the .authority to bind the fimi, as well as David Crook, AICP, Principal Planner, who will serve as the Project Manager and primary CEQA document preparer for the project. The only person, persons, company or parties interested in the proposal as principals are named therein and this proposal is made without collusion with any other person, persons, company or parties submitting a proposal. This proposal is in all respects fair and in good faith without collusion or fraud. Sincerely, PCR SERVICES CORPORATION om' (;;:�' Lkh' Steven G. Nelson Senior Vice President David A. Crook, AICP, LEED AP Principal Planner One Venture, Suite 150, Irvine. California 92616 INTERNET Ww .pernetxom TEE 949.753.7001 FAX 949.753.7002 21 Table of Contents FIRMPROFILE.....:...........:.........................................................................................................................................................1 PROJECT UNDERSTANDING & APPROACH.....................................................................................................................2 SCOPEOF WORK......................................:..................:...........................................................:...............................................4 SCHEDULE............................................................................................................................................................................... 22 PROPOSEDFEES....................................................................................................................................................................23 PROJECT TEAM 26 PROJECTHISTORY...............................................................................................................................................................29 REFERENCES........................................................... .............................................. ................................................................... 31 PCR 2012 BILLING RATES AND EXPENSE CHARGES.................................................................................................31 ATTACHMENT -RESUMES City of Newport Beach Back Bay Landing Development Eli PCR Services Corporation 22 PROPOSAL: BACK BAY LANDING DEVELOPMENT EIR PCR Services Corporation (PCR) appreciates the opportunity to submit this proposal to the City of Newport Beach to prepare an Environmental Impact Report (EIR) for the Back Bay Landing Development This proposal has been prepared in response to the Request for Proposal (RFP) dated March 1, 2012, and is based on our project experience with coastal mixed-use projects, history of preparing environmental documents for the City, input from City staff, and a review of available information. FIRM PROFILE - PCR PCR is a multi -disciplinary firm serving public and private clients for over 35 years. Established in 1974, PCR is known for meticulously crafted and defensible California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents and expert command of technical issues in air quality, noise, greenhouse gases/climate change, historic resources, biology, archaeology, and paleontology. PCR has approximately 50 professional, support, and administrative staff members in its Irvine, Santa Monica, and Pasadena-hvine-locations. Our in-house staff effectively collaborates to develop practical approaches for CEQA/NEPA compliance and issue resolution. As a result of our continued success; PCR is regularly involved in many of the region's most complex and challenging projects often involving multiple stakeholders, including. State, federal, and local agencies. While PCR has comprehensive in-house services, for this assignment we have enlisted Merkel & Associates (M&A) to address the project's potential effects on marine. biology as an optional task and VisionScape Imagery, Inc, to provide optional photo -realistic three-dimensional *visual simulations. PCR has strong relationships and experience working with these consultants on CEQA documents for projects throughout the region. Merkel & Associates Merkel & Associates (M&A) is a California-based environmental consulting firm specializing in ecological, water quality, and regulatory issues. M&A provides its clients with a full range of ecological services in terrestrial,'freshwater'aquatic, and marine environments. With a diverse group of nearly 40 individuals, the firm has the capacity to provide a wide range of expertise, offering specialized expertise in botany, zoology, wetland issues, Geographic Information Systems (GIS), natural resource-based legislation, resource and regulatory agency interface and permitting. Recognized for its expertise in coastal and marine resource issues, the firm has worked extensively on coastal resource assessments, long-term biological monitoring, discharge impact assessments, marine/estuarine construction and dredging projects, regulatory permitting, and shallow marine habitat management and restoration projects. M&A has completed extensive marine resource investigations along the U.S. Pacific coast, most extensively with southern California. Much of this work has been performed for purposes of environmental analyses under CEQA and NEPA, as well as for federal and state regulatory program permitting purposes. M&A has completed marine biological work in nearly every coastal bay and estuary in southern California and has completed investigation, environmental documentation, and permitting for many open coastal projects including piers, breakwaters and jetties, seawalls, and navigational markers. M&A has also conducted considerable marine biological investigations, CEQA/NEPA analyses, numeric modeling, and permitting for such projects as pier rehabilitation on naval installations, beach nourishment projects, and ocean outfalls. City of Newport Beach Back Bay Landing Development ElR PLR Services Corpondon 1 23 Revised Proposal April 2012 Merkel & Associates has worked extensively with municipal agencies, port, and federal agencies including the Corps of Engineers, U.S. Navy, and NOAA to construct, replace, or repair and expand marine facilities. Merkel & Associates has performed pier and floating dock environmental investigation and documentation for the Port of Los Angeles, Port of San Diego, Port of Oakland, U.S. Navy, Caltrans, cities of San Diego, Oceanside, Dana Point, Imperial Beach, and numerous private marina developers and operators. VisionScape Imagery, Inc. VisionScape is an industry-leading provider of highly accurate visual simulations. Founded in 1992, VisionScape's products and services are invaluable throughout all stages of development, from planning and entitlement to leasing and marketing. Their compelling visual tools enable clients to effectively communicate the vision of their proposed development to the world. VisionScape 'Imagery creates incredibly photo -realistic still image renderings, animated virtual tours, highly accurate "Before and After" simulations and interactive presentation solutions. These virtual presentations make for extraordinary design review, planning and marketing material. The VisionScape team, headquartered in Irvine, California, has the technical expertise, creative skills, and production capacity to perform highly accurate and photo - realistic three-dimensional imagery. VisionScape has completed projects of varying size and purpose, claiming clients in the public sector, as well as in the private residential and commercial segments. PROJECT UNDERSTANDING & APPROACH The proposed project includes a request for various discretionary land use approvals to accommodate the future redevelopment of the project site with a mixed-use waterfront development. The 6.974 -acre project site is the crescent-shaped landside portion of Parcel 3 of Parcel Map 93-111; the entire Parcel 3 is 31.431 acres and encompasses both the landside project site (inclusive of area to be included following a requested Lot Line Adjustment [LLA]), and fee -owned submerged lands. These submerged lands, including the existing Bayside Marina, are not a part of the land use applications. While these submerged portions of the property are not part of the requested entitlements, physical effects to these areas from implementation of the proposed improvements could occur, as further discussed below under Scope of Work. The project entitlement requests, which are further described below, are proposed to provide the framework fora future integrated, mixed use waterfront project implementing the current CM designations on the site, while allowing for limited residential uses. Development of visitor -serving retail'and recreational marine commercial facilities, a new enclosed dry stack storage facility, as well as a limited amount of attached residential uses (maximum of 49 residential units) integrated in either two levels of residential over ground floor commercial uses, wrapped around a three-level, semi -subterranean parking structure, or in a three level flat configuration adjacent to the northwest bayfront would occur in a single phase, during an estimated 18 -month construction period. These attached multi -family residential units would be designed and constructed as stacked flats, with a limitation on free-standing residential units (further described in the Planned Community Development Plan). In addition, surface parking spaces would be provided within the main project area as well as within the commercial storage garages area to the east. The land use amendments requested will, subject to parking and other site constraints, allow for a range of 30-35,000 square feet of full-service dry stack boat storage with enclosed bays (up to a maximum of approximately 135 to 140 boat spaces); and approximately 50-65,000 square feet of retail/restaurant/ marine boat sales, rental and service repair; and a maximum of 49 residential units (maximum of 80,000 square feet). Total proposed square footage will remain under the City Charter Section 423 thresholds for City of Newport Beads Back Bay Landing Development EIR PCR SerNces Corporation 2 24 Revised Proposal April 2012 additional, residential units, trips and square footage. Up to 4,000 square feet of storage area (resident, and boater lockers) and marina restrooms with laundry facilities would be sited on the eastern project boundary. Additionally; a gated entry with new parking.spaces will provide"parkingspaces for existing marina tenants and mobile home resident guests. The project will comply with CLUP Policy 2.1.4-2 and allocate a minimum of 50 percent of the permitted square footage of this infixed use waterfront project to non-residential uses. Following EIR certification and concurrent approval of the subject land use amendments and related applications and based on market analysis, permitting of specific project design and site improvements will besought by the applicant. Current application requests include: General Plan Amendment - to allow the development of residential units by changing the land use designation of the site from Recreational and. Marine Commercial (CM) to Mixed -Use. The proposed General Plan Amendment would only affect the portion of the project site north of the Pacific Coast Highway '(PCH) centerline; the area south of the centerline of PCH would remain CM. Coastal Land Use Plan Amendment - To change land use designation from Recreational and Marine Commercial (CM -B north of PCH and CM -s south of PCH) to Mixed -Use. Planned Community Development Plan - Adoption of a Planned Community Development Plan (PCDP) to allow for the classification of land within the existing Planned Community boundaries and establishment of development standards. Transfer of Development Rights - To transfer 49 un -built dwelling units from the De Anza Village Mobile Home Park (donor site) to subject site (receiver site). Affordable Housing Implementation Plan - The project applicant.will submit an "optional" AHIP showing 3 alternatives for compliance with the City's Inclusionary Requirements: 1) designation of seven (7) low/very low income restricted mobile home units within Parcel 1 or 2 (City -preferred option); 2) payment of the City's inclusionary in -lieu fee; or 3) providing all 49 residential units as rentals for a minimum of five (5) years, pursuant to NBMC section 19.54.030. Lot Line Adjustment -Minor boundary adjustment between Parcel 3 and Parcel 2 of Parcel Map No. 93-111 (Resubdivision No. 995) to improve access to the subject development site. Development nt Agreement - Request for vested development rights in exchange for public benefits. Traffic Study - Preparation of a traffic study pursuant to the City's Traffic Phasing Ordinance (TPO). The project entitlement requests would require the approval by both the Planning Commission and City Council. The applicant and property owner is Bayside Village Marina, LLC. The applicant also owns and operates the adjacent De Anza Mobile Home Park and operates the nearby Newport Dunes property under an agreement with the County of Orange and the City. As requested in the City's RFP, PCR's scope of work is based on the preparation of a project -level EIR in order to minimize any necessary future environmental review for the proposed improvements. The City has indicated that applicant -provided technical studies need not be subject to technical peer reviews, and City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation 3 25 Revised Proposal April 2012 therefore peer reviews are not included in our scope of work. Therefore, for purposes of this proposal it is assumed that all such technical studies will be found complete and adequate to support compliance with CEQA and the analyses presented in the EIR, as applicable. Should PCR determine that any of the applicant - provided technical studies lack adequate information or analysis, PCR will immediately alert the City and it is assumed that the necessary changes will be undertaken by the applicant's consultant team at the expense of the applicant or as otherwise requested by the City. City staff have stated that both the City and applicant are aiming to get the project.and EIR to the City Council for review by the end of 2012. PCR has therefore staffed this effort and prepared a scope of work that can meet this goal. PCR's scope of work, presented below, reflects the detailed information contained in the materials provided by the City with the RFP package. Based on the information contained in the City's RFP and the descriptions, graphics, reports, and other work already completed for the project to -date, our scope of work addresses all the issues that require detailed, project -specific attention in the EIR, Each of these environmental issues, and the rationale for their inclusion in the EIR analysis, is discussed below in our scope of work. SCOPE OF WORK In accordance with CEQA requirements, PCR will complete the environmental review process forthe project. through preparation of an EIR with the City of Newport Beach as the Lead Agency. The table below lists the tasks required for the timely completion of the environmental review process. Following the table is a description of each of these separate tasks. Task Task Description 1 Collect Data /Prepare Project Description and EIR Outline 2 Prepare Initial Study Package and Prepare and Circulate Notice of Preparation/Notice of Public Scoping Meeting 3 Prepare and Distribute Draft EIR 4 Prepare and Distribute Final EIR 5 Meetings, Hearings, and. Management Coordination Task 1: Collect Data/Prepare Project Description and EIR Outline As part of this first task, PCR will meet with the project team to review data needs, discuss specific issues of concern, and the project schedule. In addition, PCR will prepare a data needs memorandum listing information required to complete the EIR process with the City of Newport Beach. Upon receipt of necessary project information identified on our data needs list, PCR will prepare a draft Project Description for City review, as well as an outline of the anticipated contents of the EIR to be prepared. As discussed below, this Project Description will be included in an Initial Study package and will be used as the basis for preparing the Explanation of Checklist Determinations within the Initial Study package. Upon receipt of team comments, PCR will make necessary changes to these documents. PCR assumes that two iterations of review/update for the Project Description will be required, but only one review/comment cycle for the EIR outline (as this will be revisited upon completion of the Initial Study, as discussed further below). This scope of work assumes that all necessary and otherwise requested City of Newport Beach Back Bay landing Development EIR PLR Services Corponnan 4 20 Revised Proposal April 2012 information and materials will be provided to PCR in a timely fashion in order to minimize delays and additional work associated with revisions to the Project Description once drafted and approved by the City. Products n Data Needs List n First Draft of Project Description and EIR Outline (2 hard copies and 1 electronic copy) • Final Project Description for use with Initial Study and EIR Outline (2 .hard copies and 1 electronic copy) Task 2: Prepare Initial Study Package and Prepare and Circulate Notice of Preparation/ Notice of Public Scoping Meeting Upon finalization of the Project Description, PCRwill prepare the Initial Study package in the City's preferred format The Initial Study package will consist of the City's Initial Study Checklist accompanied by specific explanations of the checklist determinations and the project description described above. The Initial Study checklist and Explanation of Checklist Determinations will identify issues that will be analyzed in the EIR and, importantly, substantiate with data or logic, based analysis why other issues will not require further study. For each environmental issue addressed in the Initial Study Checklist, it will be determined whether the project would result in no impact, a less than significant impact, a less than significant impact with mitigation or a potentially significant impact. The EIR will address in detail the issues for which a potentially significant impact is identified. Based on the City's RFP, further research, and subsequent input from PCR's subconsultants and City staff, it anticipated that the Initial Study will indicate that further analysis in an EIR is warranted for the following environmental issues: aesthetics, air quality, .biological resources, cultural resources, greenhouse gas emissions, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation/traffic, utilities and service systems, and mandatory findings of significance. Once drafted, PCR will submit the. Initial Study package to the City for review. Upon review by the City, PCR will make any necessary changes to the Initial Study package. It is assumed that there will be limited revisions to the Initial Study. If such revisions include modifications to the list of environmental issues to be discussed in the Draft EIR, the scope of work set forth in this proposal may be affected. Based on information provided in the City's RFP, and given the anticipated broad scope of issues to be further analyzed in the EIR, PCR assumes that only one (1) round of City comments will be required to finalize the Initial Study. As part of this task, PCR will also prepare a.Notice of Preparation (NOP) of a Draft EIR for review by the City, In addition, PCR assumes that a public scoping meeting will be held and thus, a Notice of a Public Scoping Meeting will be incorporated into the NOP. In accordance with CEQA and City requirements, the NOP/Notice of Public Scoping Meeting will include a brief description of the project, a list of the probable environmental effects of the project, a location may, conceptual site plan, and time and location of the public scoping meeting. PCR will need assistance from the City in coordinating the scoping meeting location and associated mailing list for the notice (PCB's scope of services for the Scoping Meeting are discussed in further detail below under Task 5, Meetings, Hearings, and Management Coordination). Once the NOP/Notice of Public Scoping meeting is signed by City staff, PCR will distribute the NOP/Notice of Public Scoping meeting via City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation 5 27 Revised Proposal April 2012 certified mail to begin the 30 -day public comment period. During the NOP comment period, the Initial Study will also be made.available by City staff for public review. Products • Draft Initial Study Package for City Review (2 hard copies and 1 electronic copy) • Final Initial Study Package based on City Comments (50 hard copies and 1 electronic copy) • Draft Notice of Preparation/Notice of Public Scoping Meeting (2 hard copies and 1 electronic copy) o Final Notice of Preparation/Notice of Public Scoping Meeting (50 hard copies and 1 electronic copy) Task 3: Prepare and Distribute Draft EIR PCR will prepare a Screencheck Draft EIR that will analyze the project's potential environmental impacts. This task will represent the largest part of PCR's effort in completing the environmental review process for the project. PCR will design a Draft EIR that will reflect the scope of issues determined by the Initial Study, additional relevant issues.raised within NOP comments, and how to approach key environmental issue areas. The Draft EIR will include all statutory sections required by CEQA, including'a summary, project description, environmental setting, and impact analyses for each environmental issue to be addressed that will include mitigation measures and an analysis of cumulative effects. The EIR will also address areas of controversy, effects found not to be significant, growth inducement, alternatives, significant irreversible environmental effects, significant and unavoidable environmental effects, references, and organizations and persons consulted. PCR assumes that up to three (3) alternatives, including a No Project Alternative as required under CEQA, will be addressed in the Draft EIR. PCR will work with the City to create a comprehensive set of project objectives within the Project Description and to identify alternatives to the project Project objectives play a key role in the CEQA process as they are the basis for considering or rejecting alternatives to the proposed project Alternatives to the project are of primary importance in an EIR as they are required to be included under CEQA as a way to reduce or eliminate the significant impacts of a project and are also carefully reviewed and considered by the public and decision -makers. The scope of the environmental impact analyses in the Draft EIR will be determined by the Initial Study and may be modified to include additional topics based on comments received during the NOP comment period. Based on P.CR's understanding of the, development, our long-standing' history of experience in preparing EIRs for coastal projects in the region in general, and information provided in the City's RFP and the applicant's preliminary project description, we anticipate that the Draft EIR will analyze the following environmental issue areas. • Aesthetics (Aesthetics, Views, Visual Character, and Light/Glare) • Air Quality o Biological Resources (Marine and Terrestrial Resources) • Cultural Resources (Archaeological, Paleontological, and Historic Resources) = Geology and Soils City of Newport Beach Back Bay landing Development EIR PCR Services Corporation 6 Revised Proposal • Greenhouse Gas Emissions/Global Climate Change • Hazards and Hazardous Materials n Hydrology and Water Quality o Land Use and Planning n Noise c Population, Housing, and Employment o Public Services (Police, Fire, Schools, Parks/Recreation, and Libraries) n Transportation/Traffic (Traffic, Parking, and Access) o Utilities and Service Systems (Water, Wastewater, and Solid Waste) April2012 The project team's analytic approach and scope for each of the environmental issues is presented below. Aesthetics/Visual Resources Given the proposed intensification of land uses on-site; as well as the abundance of public coastal views available in the project area, PCR will evaluate the potential impacts of the proposed development with regard to aesthetics, views, and visual character. The analysis of aesthetics will include an evaluation of potential impacts associated with aesthetic resources, views, and light and glare. The aesthetics analysis will be illustrated through the use of photographs and graphic illustrations. The analysis of impacts on aesthetic resources will incorporate the following: a description of the existing visual quality of the site and surrounding areas; a description of any valued focal or panoramic views of aesthetic resources; a description of relevant regulations,.policies and guidelines governing, aesthetic resources; and an.evaluation of impacts with an emphasis on the potential for'the project to introduce features.that would detract from the aesthetic quality of the area or conflict with applicable design guidelines. Based on the project location and proposed three-story building heights, the new buildings will be visible from beyond the immediate project vicinity. Thus, the analysis of views will need to be comprehensive. This analysis will focus on views of aesthetic resources that may be obstructed. The analysis will address views from public and private locations separately; public policy and case law private views are provided little regulatory protection. If determined necessary, PCR has included as an optional task photo -realistic visual simulations to support the evaluation of view and visual character impacts in the EIR, as discussed below. Additionally, given the intensification of land uses on the project site, it is expected, that the project will generate considerably more light and glare effects based on the introduction of residential and other structural lighting and addition of windows and reflective surfaces associated with new buildings. As such, PCR will evaluate the potential for new light and glare sources to adversely affect surrounding and other nearby land uses. Visual Simulations (Optional Task) As noted above, PCR has retained VisionScape Imagery to prepare visual simulations of the proposed development from various vantage points in the project area. If the City requests that this task be undertaken, four (4) visual simulations would be prepared from ground -level camera views, with locations to be determined by the City prior to VisionScape conducting a site visit While CAD files are assumed to be City of Newport Beach Back Bay Landing Development EIR PCR Services Corparanan -39 Revised Proposal April 2012 provided by the project applicant, VisionScape would utilize its own library of 3D models and landscape concept imagery for the simulations, if requested to do so. This task also includes digitizing of all base data .for the extrusion of an original 3D wireframe model and imaging to illustrate photo realistic materials, maps, textures and a landscape concept to scale. Air Quality PCR has worked closely with South Coast Air Quality Management District (SCAQMD) staff members to develop an understanding and define expectations for the quantification and assessment of pollutant emissions from projects similar to the proposed project. Given the extent of contemplated construction activities; location of nearby sensitive receptors, and operational intensity of the proposed uses compared to existing uses on-site, an analysis of air quality impacts is necessary in the EIR. Based on our knowledge of and experience with the proposed project and expertise with current regulatory requirements, PCR will prepare the air quality analysis for the proposed development pursuant to the standards and guidelines set forth by the California Air Resources Board (GARB) and the SCAQMD. PCR will take the following steps to prepare the air quality technical reportbased on the most recent regulatory guidance: r, Regulatory Setting - PCR will prepare a discussion of the pertinent air quality statutes and regulations at the local, regional, state and federal levels, accompanied, to facilitate due diligence, by a list of agencies that would have jurisdiction over air quality aspects of each of the alternatives. • Existing'Air Quality Conditions - PCR will describe regional meteorology and pollutant levels as measured at the relevant SCAQMD or other agency monitoring stations and provide a summary of project -related available ambient monitoring data. • Thresholds of Significance - PCR will prepare a discussion of the thresholds of significance for CEQA consideration based on applicable SCAQMD and City criteria and guidelines. • Construction -Period Mass Emissions Analysis— PCR will prepare a construction emissions inventory using SCAQMD's recommended CaIEEMod model to assess daily regional emissions of ambient air pollutants and their precursors. This analysis will include combustion emissions related to equipment operation; fugitive. dust emissions related to site preparation and earthmoving activities; mobile source emissions related to construction worker and haul truck trips; and volatile organic compound (VOC) emissions related to architectural coating application and asphalt pavement. Construction -Period Localized Impact Analysis - PCR will address localized impacts attributable to project CO, NOx, PMia, and P.Mz.s emissions during construction. The analysis will be performed using the SCAQMD Localized Significance Thresholds (LST) Guidelines which recommend dispersion modeling for construction sites which are larger than five acres in size. Since the project is larger than five acres in size, detailed dispersion modeling will be performed, using the USEPA/SCAQMD approved AERMOD model with meteorological data obtained from the closest SCAQMD monitoring station. The localized analysis will focus on sensitive receptors including residential uses surrounding the site. The analysis will focus on construction days of maximum impact. It is assumed that no more than one project option (schedule) and build -out yearwill be analyzed. Operations -Period Mass Emissions Analysis - PCR will prepare a regional emissions inventory that will include quantification of mobile source emissions related to project -generated vehicle trips and stationary source emissions related to energy demand (i.e., electricity generation and natural gas City of Newport Beach Back Bay Landing Development ElR PCR Servkes Corpamdon 8 30 Revised Proposal April 2012 consumption). This emission inventory will be compiled using the SCAQMD-approved CalEEMod emissions model and will be performed for one build -out year and existing year conditions. As the project may include additional or increased use of recreational marine vessels (powered boats), the emissions inventory will include boating emissions directly attributable to project operations. Emissions will be calculated usingthe CARB OFFROAD2007 emissions model. Localized Operational Hot Spots Concentration Analysis - PCR will perform a qualitative analysis of CO hotspots resulting from project generated vehicle trips. The analysis will consist of a discussion based on intersections analyzed:: in the SCAQMD 2007 AQMP. Toxic Air Contaminants - PCR will assess potential off-site impacts from the creation and emission of toxic air contaminants (TACs) during construction qualitatively. PCR will perform a qualitative analysis based on guidance from the California Air Resources Board (CARE) "Air Quality and Land Use Handbook: A Community Health Perspective (April 2005)". PCR assumes that marine vessel (boat) fueling: will not occur on-site during project operations. 1f it is determined that a detailed health risk assessment is required for the project, it may be performed under separate scope and budget. Odors PCR will analyze impactsfrom odors during construction and operation qualitatively. Consistency with Regional Air Quality Plan -,PCR will evaluate the project's consistency with the SCAQMD's most recent Air Quality Management Plan (AQMP), including the AQMP's strategies to achieve and maintain ambient air quality standards. Mitigation Measures- PCR will provide, mitigation measures, if heeded, to address any significant air quality impacts identified in preparation of the EIR. Biological Resources PCR's Biological Services Division staff reviewed project plans and performed a cursory review of the project site and determined that there would be very limited, if any, adverse effects on terrestrial biological resources resulting from project implementation. The only potential impacts to terrestrial resources that might 'be relevant apply to nesting birds on-site that are protected under the Migratory Bird Treaty Act (META). As such, PCR anticipates that the evaluation of terrestrial impacts in the EIR will focus solely on MBIA issues. However, given the existence of marine biological resources in the area and the proximity of proposed improvements to such resources, most notably the proposed bulkhead/seawall and the potential new dry stack boat storage inlet/retractable pedestrian bridge, an assessment of impacts in this regard may be warranted. As such; PCR has retained M&A to conduct an optional project -specific evaluation of marine biology impacts, as discussed in detail below. Baseline Marine Biological Survey (Optional Task) Given the high potential for the presence of sensitive marine habitat that could be affected by bayfront improvements such as the proposed new seawall, M&A would, if requested by the City, conduct in -water biological investigations offshore of proposed development area to determine the location and extent of marine resources. Given the depth range, there is potential for eelgrass to be present; therefore the City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation 9 31 Revised Proposal April 2012 proposed surveys would consist of an eelgrass assessment, in addition to a survey of in -water habitats and a compilation of marine fauna observed within the study area. Biological investigations would be conducted using SCUBA. These investigations would involve assessment of the marine habitats other than eelgrass present in the study area such as unvegetated mud -bottom and manmade structures (e.g., pier pilings and bulkheads). The SCUBA survey would result in a list of characteristic marine fauna and flora observed within the survey area. Eelgrass surveys would make use of acoustic survey techniques and in -water inspections completed by SCUBA divers. Acoustic surveys would be completed from a small research vessel equipped with a side -scan sonar system, single -beam sonar, and dGPS (differential GPS). SCUBA divers would also collect eelgrass leaf shoot densities in any eelgrass beds identified. All eelgrass surveys would be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (National Marine Fisheries Service 1991, as amended). The eelgrass survey would provide the necessary information in support of the permitting process, but would notreplace any necessary pre -construction eelgrass survey; per -the SCEMP if impacts to eelgrass habitat were anticipated (an additional eelgrass survey would be necessary within 60 days of starting construction). In addition, given the uncertainty regarding the extent of the proposed project, surveys will be conducted in the tidal zone (i.e., intertidal zone between.+7.79 and -2'h MLLW) within the project area, and despite the relatively developed nature of the proposed area, coastal salt marsh organisms, composed of salt tolerant vegetation and may occur in the upper intertidal zone above the intertidal mudflats (> +2.3 It MLLW). Upon completion of the survey, a marine biological resources report would be prepared for the project site. The report would include -a summary of the habitats, flora, and fauna on site. The various habitat types observed would be digitized using Arcview GIS, and maps would be created on an aerial base map. Aerial coverage of the various habitat types would be calculated from the digital maps. Since only a conceptual design has been provided, the report would identify potential biological resources or habitats that may be a concern and should be considered during the design process. Additional constraints and consideration, such as mitigation for potential impacts will also be provided. Cultural Resources (Archaeological, Paleontological, and Historic Resources) Archaeological and Paleontological Resources Despite the lack of known cultural resource sites on the project property, there remains the potential for the presence of archaeological and paleontological resources that could be adversely affected by the construction of the proposed improvements. As suggested in the City's RFP, PCR has reviewed the Archaeology and Paleontology report prepared by LSA Associates, Inc, (LSA) and has identified a handful of inaccuracies and/or data gaps. While the LSA report states that there are no native soils present within the project site, the results of the preliminary geotechnical report indicate that native soils, or Quaternary estuarine deposits, occur at depths between 6 feet to 10 feet across the project site. Accordingly, this issue should be addressed in an updated assessment. In addition, the LSA report does not include a paleontological resources records search or a Sacred Lands File search and follow-up Native American consultation in accordance with recognized industry standards for analyzing impacts to archaeological and paleontological resources in compliance with CEQA. Finally, the report does not characterize the sensitivity for buried archaeological (prehistoric or historic) resources based on the results of the cultural resources records search as it does not indicated the quantity, type, and distance of known archaeological resources in the vicinity. As a result of these data gaps, PCR proposes to conduct an updated Phase I archaeological and City of Newport Beach Back Bay Landing Development ElR PCR Servlc s CorpomtfDn 10 32 Revised Proposal April 2012 paleontological resources assessment of the project site in compliance with CEQA. PCR will utilize the LSA analysis to the extent feasible in order to achieve time and cost efficiencies. The scope of work for the updated assessment will include a updated cultural resources records search through the California Historical Resources Information System -South Central Coastal Information Center (CHRIS-SCCIC), a Sacred Lands File (SLF) search through the California Native American Heritage ,Commission (NAHC) and follow-up Native American consultation, and a paleontological resources records search through the Natural History Museum of Los Angeles (NHMLAC). In addition, PCR will review available geotechnical studies, site plans, and drilling/grading studies to determine the nature and depth of the construction activities to assist in determining the depths of fill versus native soils across the project site. If no resources are identified as a result of the record. searches, it does not preclude the existence of buried resources within the project site. If this is the case, PCR will determine the potential for the project to encounter buried resources during construction based on the results of the record searches, depth of native versus fill soils, and proposed excavation parameters.. This discussion will be included in an updated technical report and the Cultural Resources EIR,Section. if the proposed project has the potential to impact buried resources, appropriate mitigation measures such as monitoring during construction, shall be recommended. The tasks PCR will take as part of the archaeological and.paleontological resources analysis include the following: Cultural and Paleontological Resources. Record Search PCRwill conduct records searches for cultural and paleontological resources. The cultural resources records search will be conducted through the CHRIS-SCCIC at California State University, Fullerton and will entail a review of all previous cultural resource studies and recorded archaeological resources inside and within a one-half mile radius of the project site: PCR will also review :historic topographic maps and aerials photographs on file. The paleontological resources records search will be conducted through the NHMLAC and will include a review of all known fossil localities inside and within the general vicinity of the project site. Results of both records searches will 'indicate whether or not there are previously recorded archaeological, historical, or paleontological resources within the project site that require recordation, evaluation, and inclusion in the impact analysis. The results will also provide a basis for assessing the sensitivity of the project site for additional and buried resources. Sacred Lands File Search and Follow-up Native American Consultation PCR will commission a SLF search through the NAHC and conduct follow-up consultation with Native American groups identified by the NAHC as having affiliation with the project vicinity, as recommended by the NAHC. Follow-up consultation will be in the form of a letter sent via certified mail that will indicate the project site, briefly describe the nature of the proposed project, and request information recipients may have regarding additional prehistoric or Native American resources that may be impacted by the proposed project. Results of the search and follow-up consultation will provide information as to the nature and location of additional prehistoric or Native American resources whose records may not be available at the CHRIS-SCCIC. Archaeological and Paleontological Resources Assessment Technical Letter Report PCR will prepare a CEQA-level Archaeological and Paleontological Resources Assessment technical letter report, which will document the study findings. The report will include a description of the project City of Newport Beach Back Bay Landing Development EIR PCRSe es Corpandon it 33 Revised Proposal April 2012 undertaking, environmental and cultural settings, methods, results, impact analyses, resource sensitivity assessments, and recommendations for additional work such as a Phase 11 Testing and Evaluation work .program or monitoring during construction', if necessary. The methods and results sections will include maps of the project site, photographs, and incorporate new data gained through cultural and paleontological record searches and SLF search. The report will recommend mitigation'measures for historic, prehistoric, and paleontological resources, to reduce their impacts to a less than significant level. If no measures are necessary, this will be clearly stated and supported. The results, conclusions, and recommendations of the technical letter report would be incorporated into the Cultural Resources section of the EIR. Historic Resources (Optional Task) As noted in the RFP, the existing 50 -year-old commercial storage garages on the eastern side of Parcel 3 are proposed for demolition, and therefore an evaluation of potential historic resources effects may be deemed necessary by City staff to adequately address this issue pursuant to CEQA. Based upon review of the previous cultural study prepared by LSA, no due diligence assessment for historical resources has been completed for the project site. While the probability of potential impacts to historical resources appears low based upon the information in the Phase I Environmental Site Assessment and available site information, the presence of structures over 45 years in age within the project site and vicinity warrants, ata minimum, the completion of a due diligence -level survey and analysis for compliance with CEQA. If requested to do so by City staff, PCR's Historic Resources Division staff will conduct a site survey, archival'records search, property research and prepare a preliminary assessment of structures over 45 years in age within the project site and vicinity. Structures over 45 years in age will be recorded on a Department of Parks and Recreation (DPR) survey form. PCR's highly qualified historians, architectural historians and preservation planners meet and exceed the Secretary of the Interior's Professional Qualifications and have the necessary knowledge and experience in the architectural history of Newport Bay to conduct the requisite analysis. If potential historical resources are identified that may be impacted by the proposed project, PCR's Historic Resources Division will review the proposed project for conformance with the Secretary of the Interior's Standards and, if necessary, provide appropriate mitigation measures to reduce potential impacts and ensure compatibility of the proposed project with the existing built environment. The results of the optional historical resources analysis will be summarized in the Cultural Resources section of the EIR and pertinent supporting documentation will be included in the appendix including DPR forms and archival records search results. Geology/Soils Based on input from City staff, this scope assumes that the project applicant will provide a site-specific geotechnical study for the proposed mixed-use project that contains sufficient analysis to complete the environmental review process. The applicant -provided geotechnical study indicates the potential for liquefaction and lateral spreading to adversely affect proposed structures, including the proposed subterranean parking level, due to soil and groundwater conditions on-site, and therefore evaluation of geologic hazards in the EIR is warranted. PCR will incorporate into the Geology and Soils EIR section of the EIR the results, conclusions, and recommendations contained in the geotechnical study. The evaluation in the EIR will focus on seismic and soil conditions, including geotechnical hazards, seismicity and the potential for liquefaction, subsidence, and erosion. The following steps are proposed to address geological issues: r, A review of the site-specific geotechnical study would be completed; Where necessary, additional relevant geotechnical and geological literature and maps will be reviewed, including reports and maps from the United States Geological Survey, the California City of Newport Beach Back Bay Landing Development EIR PCR Services Corpomdan 12 34 Revised proposal April 2012 Geological Survey, United States Department of Agriculture - Soil Conservation Service, and other documentation available through the City of Newport Beach and the project applicant; Review and describe relevant local, regional,, State and federal standards and regulations that apply to geology and soils; C Thresholds of Significance will be established for identifying impacts on geology and soils; Based on existing studies and available information, the potential for impacts associated with fault rupture, seismic ground shaking, seismic -related ground failure, such as liquefaction, landslides, soil erosion, subsidence or expansive soils will be evaluated; and If significant impacts are identified, mitigation measures will be provided. Measures will be based on existing studies or will focus on the need for specialized studies in order to achieve identified performance standards. Greenhouse Gas Emissions As the proposed. project would increase the development intensity in the project area, and would therefore increase overall air pollutant emissions (including greenhouse gases), PCR has. included a project -specific analysis of greenhouse gas emissions/global climate change impacts, in our scope of work. There has been considerable activity at the state and local levelin implementing' the Global Warming Solutions Act of 2006, also known as AB -32. OPR recently published new CEQA Guidelines, effective on March 18, 2010, which clarify how Greenhouse Gas (GHG) emissions should be analyzed and mitigated under CEQA. PCR is therefore proposing to analyze GHG emissions in accordance with this new guidance. In general, the guidelines allow Lead Agencies to determine if a quantitative or qualitative analysis is most appropriate, and to establish specific significance criteria. Based on the scope of the project, PCR is proposing to prepare a quantitative analysis, with the following steps. • Regulatory Setting - PCR will prepare a discussion of the pertinent GHG statutes and regulations at the local, regional, state and federal levels. • Existing Conditions - PCR will describe ambient GHG levels and GHG emissions at the local, state, federal, and global level, as available and appropriate. • Thresholds of Significance - At this time neither the SCAQMD nor the City of Newport Beach has promulgated numeric project -level significance thresholds for GHG emissions applicable to the. proposed project. PCR will work with the City to define the most appropriate thresholds of significance for CEQA consideration, based on OPR, CAPCOA, and/or other agency -issued criteria and guidelines. • Construction -Period Mass Emissions Analysis - PCR will prepare a construction GHG emissions inventory using the CaIEEMod model which is approved by the SCAQMD for CEQA analyses. This analysis will primarily include combustion emissions related to equipment operation and mobile source emissions related to construction worker and haul truck trips. • Operation -Period Mass Emissions Analysis - PCR will prepare an inventory using the CaIEEMod model for GHG emissions resulting from operation of the proposed project, including emissions from City of Newport Reach Back Bay Landing Development ElR PLR Services Corpoa[ion 13 35 Revised Proposal April 2012 energy usage and mobile sources including project related marine vessels (boats). The operational GHG analysis will be prepared for the build out year, and include mandatory emission reduction measures, such as CaIGREEN building codes, as applicable. Consistency with Applicable GHG-reduction Plans -The City of Newport Beach has not yet developed a formal GHG reduction plan. However, PCR will evaluate the project's consistency with applicable GHG-reduction goals, plans and regulations. Mitigation Measures - PCR will provide mitigation measures, if needed, to address any significant GHG impacts identified in preparation of the EIR. Hazards and Hazardous Materials According the applicant -provided Phase I Environmental Site Assessment (ESA), the project site has several Recognized Environmental Conditions (RECs) that could pose a health risk to people residing or working at the proposed mixed-use development. As such, PCR will evaluate impacts relating to hazard and hazardous materials in the EIR. Utilizing the Phase I ESA provided by the applicant's consultant, PCR will summarize the findings and recommendations contained in the Phase I ESA. The section will address the potential risks to human health and the environment associated with hazardous materials due to exposure to residual. concentrations of chemicals that may be present in site soils and/or groundwater at the site. PCR's evaluation of the project's potential,impacts on hazards and hazardous materials will: n Describe the history of uses on the site, potential sources of contamination, and the regulatory context for hazardous materials management. The conclusions and/or status of documentation or activities focusing on hazardous matedals'will also be summarized; n Review and describe relevant local, regional, state, and federal standards and regulations that apply to hazardous materials handling and storage; c Define Thresholds of Significance based on applicable regulatory provisions; Identify and discuss potential impacts on human health and the environment based on the findings of the ESA and any follow-up activities; and Recommend mitigation measures if significant impacts are identified. Measures will be based on existing studies or will focus on the need for specialized studies in order to achieve identified performance standards. Hydrology and Water Quality The proposed development could result in potential impacts to runoff flow rates, drainage patterns, and surface and groundwater quality due to future development activities and the increase the overall land use intensity, and therefore impacts associated with hydrology and water quality will be evaluated in the EIR. Following completion of the Hydrology Study and Water Quality Management Plan (WQMP) by the applicant's consultant, these technical reports would serve as the basis for the discussion of impacts in the EIR. Based on the analysis, conclusions, and recommendations contained in the Hydrology Study and WQMP, PCR's evaluation in the EIR of the project's potential impacts on hydrology, Flooding, and water quality will summarize: City of Newport Beach Back Bay landing Development EIR PCR ScrWcw Corpo.don 14 36 Revised proposal a Baseline water quality data for the project area; April 2012 Existing conditions, including drainage patterns, flows, and water quality for the project area; Existing and planned drainage systems that would serve the site and document any known constraints to off-site drainage facilities; Relevant local, regional, state, and federal standards and regulations related to hydrology and drainage, including Standard Urban Storm Water Mitigation Plans that apply to the project as defined by the Santa Ana Regional Water Quality Control Board; Thresholds of Significance for identifying hydrology and drainage impacts; Changes in hydrology and drainage resulting from increases in impervious surfaces, proposed site activities, and intensification of land use;. • Potential impacts -related to drainage, including issues associated with below -grade transit and a high groundwater table, flooding, and construction of new or expanded drainage facilities; and • Mitigation measures if significant impacts are identified. Measures will be based on existing studies or will focus on the need for specialized studies in order to achieve identified performance standards. Land Use and Planning As noted previously, the proposed project includes requests for amendments to both the City's General Plan and Coastal Land Use Plan, a zone change, Planned Community Development Plan approval, Transfer of Development Rights, Lot Line Adjustment, Affordable Housing Implementation Plan, and Development Agreement. PCR will assess land use impacts of these requested entitlements and also evaluate the project's consistency with land use and zoning designations, ,local and regional plans, policies and guidelines applicable to the site, and the applicable provisions of the Development Agreement. The analysis of impacts relative to land use and planning will incorporate the following: Land use and zoning designations will be described and mapped specifically for the project site and for the surrounding areas; Applicable local, regional, state and federal plans, policies, regulations and guidelines will be summarized; Land use compatibility of the new structures associated with the project will be discussed relative to past and present site activities and adjacent uses; o Thresholds of Significance will be defined for land use impacts; The compatibility of proposed land uses and activities with surrounding areas will be assessed; The projects consistency with General Plan, zoning designations, and relevant standards for setbacks, building heights, and the provision of open space and landscaping will be evaluated. As the project would increase on-site building heights, an important focus of the analysis will be on how the proposed project would affect the scale and character of the surrounding area as it exists and as City of Newport Bea Ch Back Bay Landing Development EIR PCRServicesCorpontlon is 37L Revised Proposal April 2012 anticipated in relevant plans, and how the, project would meet the community benefits needs of the surrounding area. Inconsistencies with applicable local, regional, state or federal land use policies and,programs will be identified; A comprehensive analysis will be conducted of project consistency with relevant. goals and policies within the General Plan and Coastal Land Use Plan, other relevant general plan elements, and other applicable City plans and policies. Regional plans of interest and merit, such as SCAG's Regional Comprehensive Plan will also be addressed and cross references will be made to other sections of the document which. address project consistency with the Orange County Congestion Management Plan, and the SCAQMD's Air Quality Management Plan. Determinations of significance will be based on instances where there are conflicts with plans or policies that also translate to physical impacts on the environment based on potential impacts associated with traffic, air quality, noise, and other topical areas of analysis. n Mitigation measures will be identified, if necessary, to address significant physical impacts on land use. Noise As the proposed project has the potential to increase ambient noise levels on a temporary (e.g., during construction) and/or long-term (e.g., operations) basis, the issue of noise will be addressed in the Draft EIR. PCR staff will prepare an evaluation of potential noise impacts associated with construction activities, surface transportation, and other aspects of project operations that are noise intensive and that have the potential to impact neighboring noise sensitive land uses. in addition, PCR staff will also prepare an evaluation of potential impacts on the project from sources of noise in the existing sound environment. The adequacy of building sound isolation to support attainment of applicable interior noise standards for residential uses and the potential for adverse noise effects related to existing sound environment will be addressed. Based on our preliminary review of local conditions, noise -sensitive uses in the Project vicinity would include existing nearby residential uses south of the project site. The scope of services for the.noise analysis will include the following: Regulatory Setting (thresholds of significant noise impact) - PCR will identify and describe relevant local plans, regulations, ordinances, and guidelines related to community noise. Characterize Existing Noise Environment (baseline condition) - PCR will identify and map noise - sensitive land uses in the vicinity of the project area that may be affected by the proposed Project Site ambient noise measurements will be conducted at up to two locations over 48 -hours (one midweek and one weekend day) and up to three short-term monitoring during peak traffic hours to establish ambient noise levels in proximity to potentially affected noise sensitive land uses. Construction -Period Impacts - PCR will predict construction -period noise impacts by utilizing published construction equipment noise level data to characterize the noise source, and applying industry standard distance attenuation and barrier (natural topography) insertion loss formulas to estimate noise levels at sensitive receptor locations. Construction -period noise will then be compared to the ambient noise level and identified threshold of significance at each receptor location to determine noise impacts. In addition, construction vibration, including evaluation of effects from City of Newport Beach Back Bay landing Development ElR PCR services Corporatlon 16 s8 Revised Proposal April 2012 pile driving (if utilized) on sensitive receptors (i.e., residences) will be evaluated, qualitative evaluation. Operational Impacts - PCR will evaluate operational noise and vibration impacts from project related vehicular traffic at nearby existing roadway segments and on-site stationary noise sources by establishing the incremental change from baseline condition existing ambient noise levels to project operational noise levels and then compare the predicted noise levels with identified thresholds of significance. Traffic noise impacts will be evaluated using a roadway noise computer prediction model based on the Federal Highway Administration (FHWA) traffic noise prediction model (FHWARD-77-108) methodologies and criteria. This analysis will be conducted for up to three scenarios (e.g., Existing, Future No -Project, and Future with Project). To calibrate the sound prediction model to more accurately reflect local conditions, the two short-term (1S -minute) noise measurements with simultaneous traffic counts along the analyzed roadway segments will be used. Land Use Compatibility - PCR will evaluate the potential noise impacts from existing sound environment (i.e. traffic on roadways, entertainment center) on the proposed residential building based on the City/State Building Code. Mitigation measures in the'form of building sound isolation performances on an as -needed basis. This task will addressthe building shell sound attenuation only. Mitigation Measures- PCR will recommend mitigation measures to the extent feasible if significant impacts are identified. Mitigation measures may include performance standards, changes in the design, location or orientation of proposed land uses, or, restrictions in the hours and types of project activities. Mitigation design is not included in this scope of work. The scope -of services for the noise section does not include post construction noise and vibration monitoring and analysis. Population, Housing, and Employment The project, as proposed, would construct 49 multi -family residential units on a site that currently does not include any occupied dwelling units. Therefore, the proposed project would entail intensification of on-site land uses with residential and retail uses. As such, PCR will evaluate the potential for the proposed project to result in impacts on population, housing, and employment within the City. PCR's evaluation of the project's potential impacts on population, housing, and employment will: Identify the existing population, housing, and employment conditions with reliance on the General Plan, other City sources, Census 2010 data, and associated projections for population, housing, and employment, including those provided by the Southern California Association of Governments (SCAG); Describe the regulatory provisions and City policies related to population, housing, and employment, as appropriate; u. Define Thresholds of Significance based on applicable guidelines; City of Newport Beach Back Bay landing Development El PCR Services corporation 17 35 Revised Proposal April 2012 c Evaluate the proposed project's effects relative to projected population, housing, and employment to determine any conflicts related to housing supply or growth, particularly those that would translate to significant physical impacts on the environment; and Recommend mitigation measures, to the extent feasible, where significant impacts are identified. The level of significance after implementation of mitigation measures will also be discussed. Public Services (Police, Fire, Schools, Parks/Recreation, and Libraries) Fire Protection PCR's evaluation of the project's potential impacts on fire protection services will: • Describe the location, response times, staffing, and equipment levels for the fire stations that serve the site; • Discuss any existing constraints to service and relevant plans or proposals for new fire stations or increases in staffing and equipment; p Define Thresholds of Significance for determining impacts to fire protection services; Evaluate the project's conformance with regulations and standards for such features as road widths, hydrant fire flow, and emergency response times. Additionally, in consultation with the fire department, assess the increase in demand for fire protection and the Newport Beach Fire Department's ability to serve the project and maintain adequate levels of service; and If mitigation measures are required to address significant impacts, they will be developed with input from The Fire Department, focusing on design modifications or requirements for additional staffing, equipment, or facilities needed to serve the project. Police Services PCR's evaluation of the projects potential impacts on police services will: • Identify the location, police beats, facilities, staffing, equipment levels, and response times for the police stations serving the project site; o Discuss any existing constraints to police services in the project area or relevant plans for new facilities, staffing and equipment; • Define Thresholds of Significance to determine impacts on police services; Based on consultation with the police department, assess the increase in demand for police services and the ability of the Newport Beach Police Department and California Highway Patrol to serve the project and maintain adequate levels of service; and Develop mitigation measures with input from the police department to address any significant impacts on police services. City of Newport Beach Back Bay Landing Development EIR PCRServlcm Corpomoon 1$ MW :Revised Proposal April 2012 Schools PCR's evaluation of the project's potential impacts on public schools will: • Identify the name, location, size, capacity and enrollment of the public schools serving the project area in consultation with the Newport -Mesa School District; n Summarize applicable local, regional and state plans, policies and regulations, including school impact fees under Senate Bill 50; n Discuss any relevant plans for new or expanded school facilities; n Define Thresholds of Significance focusing on the potential for the project and its effect on schools to result in physical impacts on the environment; Quantify enrollment generated by the project in relation to existing and planned school capacities and identify any physical impacts on schools associated with school construction and/or other project effects; and n Develop mitigation measures if significant impacts are identified that would not be mitigated through payment of school impact fees. Library Services PCR's evaluation of project's potential impacts on.library services will: Identify the location of the public library serving the project area, the size and capacity of the facility, and its service population. Relevant facility or service constraints will he identified along with any existing requirements for library impact fees; n Define Thresholds of Significance for determining impacts on libraries;, n Evaluate potential impacts on library services and facilities in consultation v✓ith the library department; and n Develop mitigation measures, if necessary, to address significant impacts on library. services. Parks/Recreation PCR will evaluate the proposed project's impact on local and regional parks and recreational facilities within the City of Newport Beach and surrounding jurisdictions, as appropriate, including various trails and bike paths in the area, Newport Dunes, and aquatic recreation within Newport Harbor and Newport Back Bay. Transportation/Traffic The proposed project will increase on-site traffic generation, which could result in on- and off-site impacts to affected intersections and roadway, including PCH, a State highway and major thoroughfare. Further, parking demand on-site will increase markedly, and the applicant has proposed a shared parking program to help meet those demands. Therefore, PCR will document the potential for the proposed project to result in transportation, circulation and parking impacts in the EIR based on the analyses and findings to be contained City of Newport Beach Back Bay Landing Development Elk PCR Service Corpomdon 19 41 Revised Proposal April 2012 in a traffic study prepared by the applicant's consultant. The Transportation/Traffic section of the EIR will summarize the traffic study and will evaluate intersection and roadway impacts associated with the addition of project -generated traffic; determine the amount and adequacy of available parking (including an evaluation of the shared parking analysis); and assess site access and related circulation issues (e.g., safety issues and hazards related to proposed circulation improvements including vehicular and pedestrian access, and parking). Utilities and Service Systems (Water, Wastewater, and Solid Waste) Water The analysis of utilities will first address the adequacy of water infrastructure at and near the project site. The project's mix of land uses would generate a water demand that would not meet the thresholds requiring the preparation of a Water Supply Assessment (WSA) pursuant to Senate Bill 610 (effective January 1, 2002 and codified in California Water Code Section 10910 et seq.). As such, a WSA is not included in this scope of work However; based on technical input from the applicant's civil engineer or another consultant that is sufficient to support an adequate CEQ'A analysis, the EIR will describe the local water distribution system and evaluate whether on- and off-site water infrastructure can adequately accommodate the demand for water generated by the project. Wastewater Since the proposed project would increase on-site water use, wastewater generation would also be expected to increase, which could result in adverse effects on 'existing wastewater conveyance and treatment infrastructure. PCR's evaluation.of the project's potential impacts on wastewater will be based on technical data to be provided by the applicant'scivil engineer or another consultant that is sufficient to support an adequate CEQA analysis. Based on this technical data, the EIR will identify and describe existing infrastructure, current and forecasted wastewater treatment capacity, and any constraints to treatment and conveyance systems that would affect the project. Solid Waste The analysis of project impacts on solid waste will begin with an identification of the location, classification, and projected capacity of landfills that would receive solid waste generated by the project. Relevant local solid waste and recycling policies will also be identified. The analysis will then identify and calculate the types of waste and debris that would be generated by construction activities, and the amount of solid waste that would be generated during project operations. The amount of solid waste generated during both construction and operation of the project will then be compared with projected landfill capacity to determine whether adequate landfill capacity exists. The analysis will also evaluate the consistency of the project's waste diversion and recycling procedures with AB939 goals. Revision and Distribution of the Draft EIR PCR will submit Administrative Draft EIR 1 to the City for review. Based on information provided in the City's RFP, we anticipate that two (2) rounds of City comments will need to be incorporated before sending a pre-print ("proof copy") Draft EIR to the City. Upon approval of the Pre -Print Draft EIR by the City, PCR will produce the Draft EIR and prepare a Notice of Completion and a Notice of Availability, as well as produce hard copies of all technical reports. PCR will provide copies of the Draft EIR and one hard copy of all technical reports that support the Draft EIR. PCR will also assist in the distribution of the Draft EIR to a list City of Newport Beach Back Bay landing Development EIR PCR Services Corpomtion 20 42 Revised Proposal April 2012 of agencies and organizations agreed to by the City. That list will include the State Clearinghouse, the County Clerk, Responsible Agencies, local libraries and several of the nearby property owners and/or homeowners associations. PCR will also send copies of the Notice of Availability to all of the names within the owners and occupants' lists, individuals who commented on the NOP or attended the scoping meeting, as well as other individuals and agencies from'a list provided by the City. PCR will also prepare files for posting the Draft FIR on the City's website and produce CDs of the Draft FIR for City distribution. Products • Administrative Draft FIR I for City Review (5 hard copies and 1 electronic copy) • Administrative Draft FIR 11 for City Review (5 hard copies and 1 electronic copy) m Pre -Print Draft FIR (2 hard copies with appendices on CD and 1 electronic copy) • Public Review Draft EIR, (50 hard copies with appendices on CD and 1 electronic copy) n Technical Reports (1 hard copy) • Notice of Availability (50 hard copies and 1 electronic copy) o Notice of Completion (50 hard copies and 1 electronic copy) Task 4: Prepare and Distribute Final EIR At the close of the public review period for the Draft EIR,. PCR will coordinate with the City to obtain all public comments: PCR will review the comments and meet with the City to discuss issues raised and establish an approach for responding to comments. After consultation with the City and subconsultant% as appropriate; regarding the issues raised, PCR will prepare a Screencheck Final EIR The Screencheck Final EIR will include: a summary of the project and its associated impacts; corrections and additions to the Draft EIR; a list of persons, organizations, and public agencies commenting on the Draft FIR; comments submitted regarding the Draft FIR and responses prepared to address those comments; copies of the Draft FIR comment letters; and a Mitigation Monitoring and Reporting Program. In addition, it is anticipated that PCR will need assistance from the applicant, Bayside Village Marina, LLC, and the applicant's consultant team with regard to comments that are more political in nature or that are specific to the design of the project. PCR assumes that comments from two (2) rounds of team review will be; incorporated into the Screencheck Final FIR prior to submitting the document to the City for review. As discussed in more detail below, PCR can only speculate as to the extent of public comment regarding the Draft EIR. As discussed in the Proposed Fees section below, PCR has assigned allowances for responding to these comments. However, based on information provided in the City's RFP, we have assumed that a moderate level of public comments will be submitted to the City requiring responses and therefore a total of 100 hours has been budgeted for completion of the Final FIR (including the Response to Comments, Errata, and Mitigation Monitoring and Reporting Program [MMRP)). PCR will also prepare the Findings of Fact and Statement of Overriding Considerations (if necessary) as part of this scope of work. PCR anticipates that the City will review the Screencheck Final EIR twice before approving its contents. Once the City approves the Final FIR, PCR will assist the City with distribution of the Final EIR to the appropriate agencies and organizations, including those agencies that commented on the Draft EIR and to local libraries. PCR will also prepare a Notice of Completion to be sent along with copies of the Final EIR to the State Clearinghouse and County Clerk. As with the Draft FIR, PCR will prepare electronic files for posting of the document to the City website and will prepare CDs of the Draft FIR for distribution by the City. PCR will also prepare and distribute a Notification of Final FIR Review Locations to a list agreed to by the City. This notice will state the libraries where the Final FIR is available for review and the address for review of the Final EIR City of Newport Beach Back Bay Landing Development EIR PCR servlce torporadon 21 43 Revised Proposal April 2012 on the City website. Ten days after the Final EIR is sent to commenting agencies, public hearings regarding the project can commence. Upon project approval, PCR will file the Notice of Determination (NOD) with the County Clerk and pay all requisite County and CDFG CEQA filing fees, as necessary. This notice will start a 30 -day statute of limitations with regard to approval of the, project and certification of the Final EIR. Products o Administrative Final EIR I for City Review (5 hard copies and 1 electronic copy) • Administrative Final EIR II for City Review (S hard copies and 1 electronic copy) • Final EIR for Public Distribution (50 hard copies and 1 electronic copy) o Notice of Completion (50 hard copies and 1 electronic copy) o Notice of Final EIR Review Locations (50 hard copies and 1 electronic copy) u Notice of Determination (i hard. copy and 1 electronic copy) o Findings of Fact/Statement of Overriding Considerations (1 electronic copy) Task 5: Meetings, Hearings, and Management Coordination The precise number of meetings required to complete the environmental review process for the project cannot be, determined at this time, though PCR has estimate the time necessary for meetings based on four staff hours of preparation and attendance time per staff person per meeting and six hours of preparation and attendance time per staff person per public hearing. As such, based. on information provided in the City's RFP, ,PCR,has assumed that one kick-off meeting and at least six (6) regular meetings and/or conference calls on the CEQA document/process will occur. In addition, throughout the course of the project, regular as -needed coordination with the City either by phone or in person will be required for technical input to the EIR and to address questions or comments regarding the EIR; particularly during preparation of the Draft EIR. The PCR Project Manager for the EIR effort will utilize regular communication in this manner to ensure that the City's Project Manager is apprised of current efforts and any notable issues, and is up-to- date on CEQA document status and schedule. Additionally, as discussed above, PCR assumes, that a scoping meeting will be held for the project during the NOP comment period, and that: PCR staff will attend up to three (3) public hearings regarding the proposed project EIR. With regard to the EIR scoping meeting, PCR will assist City staff in meeting preparation and will also be responsible for preparation of meeting materials (PowerPoint presentation, large -format posters/boards, and/or handouts, as deemed appropriate by City staff), presentation of the proposed project and the CEQA process, answering public/agency questions, .and recording/collecting comments provided by meeting attend ees. SCHEDULE PCR estimates that the EIR process can be completed within approximately nine (9) months from authorization to proceed and receipt of necessary project information needed to complete the Initial Study and Draft EIR. Fundamental to maintaining schedule and budget is that the Project Description remains essentially unchanged throughout the process, and the document review cycles are met Based on the scope of work provided above, completion of the Draft EIR can be accomplished within approximately five (5) months, which will be followed by a 45 -day public circulation period. It is forecasted that the Final EIR can City of Newport Beach Back Bay Landing Development EIR PCR Services Corporation 22 44 Revised Proposal April 2012 be completed approximately two (2) months from the close of the public circulation period. For a more detailed depiction of PCR's estimated EIR schedule for the -proposed project, please seethe Microsoft Project schedule on the following page. The City/applicant stated goal of City Council review by the end of 2012 is very aggressive, and therefore in order to maintain PLR's estimated EIR schedule, all technical reports provided by the applicant team, must be received and deemed adequate to support the respective EIR analyses by the date(s) indicated in the attached MS Project schedule. If such technical reports are delayed, the overall EIR schedule will be adjusted accordingly. The PCR project team will conimitthe necessary resources to ensure the preparation of the EIR and related environmental documents within the desired time frame. However, in the event that changes to the Project Description occur after it has been drafted, project information is not available or complete, changes in technical reports prepared by others, comments greatly exceed anticipated level, or if changes in the scope occur, the schedule would be affected. PCR will notify'the project team at theearliest point possible if issues arise with the potential to affect the project schedule. PROPOSED FEES Based on our understanding of the project and the scope of work provided above, our estimated fee to prepare the EIR includes PCR labor in the amount of $153,250, and direct expenses in the amount of.$8,400. Additionally, PCR has also included two optional tasks totaling $28,920. The breakdown of this fee by task is provided in the, table below. PCR reserves the right to transfer fees among, line items, subject to City approval, as budget flexibility is needed to respond to shifts in effort that invariably occur due to unexpected circumstances. Should the need arise for additional professional, services beyond those set forth in the scope of services due to changes in the process or regulatory environment, PCR will request written authorization from the City to proceed prior to the initiation of the additional services: Factors triggering an increase in the scope of services and a revised fee may include, but are not necessarily limited to: modifications in the project after the Project Description has been drafted; analysis of technical issues other than those identified in this scope of work; revisions due to changes in the technical reports prepared by others; more team or City comments or meetings than contemplated; more public comments than contemplated; production of additional documents; or significant delays in the project beyond the control of PCR. As stated above,.in the event that the environmental analysis identifies impacts that cannot be fully mitigated, PCR will immediately notify the team to discuss appropriate options. Uty of Newport Beach Back Bay landing Development EM PCRServicu Corporation 23 45 m 8 Tm.Naass Damon Man 1 ,'12 FmM1h ; T ', 1 _ _ TasH-Csmaq DaWPmpah PmRq DeacrplwMacMlul6ludbs - �....-_�i-.��.-- 49 tlays � Mnn 19111 ____.-_�® Thu 811412 2 Stley`i Mon soul -Pdu1D112' C J Preparo Fl9l.preP Pmlcq OBscdplion acro ElR OuIIMe 5'deye Mon406112 Fd 00112' 4 ClryaApitcanl Tuini Rav'uw of PH04 Deevlpbn and EMROffline Jdere Mon 4dW2 V6U425A21. 5 PCR Plankton Pmleq Dsscilplion lit" Thu 488112 Thu42m82 9- PCR Nassau; Teq,nigl Samles 6w Fn 4617112 n.W112 7 C/y Revim p(TecMt:ol btutlbs IFk Fd0992 Thu011412 S TasAf-P2 are WIPI BIatlyMollttdlPty 11oNNol�e o1f.�FuDlic Sca� p pvm pBlp MeelNq '5.d.us 46 tleya _.... .....__ Fr143T111 ._. Thu62411 9 �. - �^ PCR PrePeia. ena suDmYa AtlMNslmlm OmPInMI61...P,mPllar Lily Revlew -_ - --3,6 FA421112 Thu VIT112 16- CAy RWm oTAdme,M9lhro Orah 1SA10P 5days Fd WN12 no 52412 11 PCR Revhes and Finatmaa 1SARDP for PPMb Dhhihmon 30eyi Fd585112 to.SQB112 -'tY - 3"ay Pubic ReNmv Pend for161NOP 30.4ays Tue 529112 no 525112 13 Test 0-Pr.Para.nd DbldDute Draft EnylrpmmenLl WPacl R.Ped 116 days Fr169111 Sun119192 i1 Prep4e AtlmINllmNe Dm2 EIRIfprCAY rtvaw - tUwl¢ Fd 0112 iTu el16l1z 15 GAY 9yIGW of Adm4lrslroiwe OrallEWl � - 2wka ' F11 L1y112 'T1118W12 1B Prapam AdmnkLelM Draft MR m fer CAy of a 2yrts F6991112 ThY99L12 12 Cly avlm of ADmbbDPINDDrefl MR 11 twk- Fri9114112 Thu 9=12 Pnpom Fr Pdnl DnA OR far Cly Renew - - 3dots P6621f12 Tue WiSM 19 CtlY Rehm of PrpPrfnI Dmn EIR 23' Wetl 828/12 Thu 92]!13 10 q FlneNte 04;4 MR pvrtily CgmmenWDWnONe Omd EIR �-��_-- �'S day, - Fn e2en2 Thu 181412 21 q 4A.Day PuMis shoAm of Draft MR 45 Dtloye The IM4112 -Sen 1198112,, R Task 4, Pmpan Fin.] MR 41 day. Your 11993 Too Im, , An Pro". Rosanna. to COrounsfu NEnam 3W6 Thu 1111112 flood f12lM2 37- CAy Rehm olRapoiica to CommeNslEmla - - [ivy TIIu119V12 Vycof 19Off 2 25 Prepme and Dan b.i. Flnul EIR - - 1 wA no I t vie Wed 1115112 x —4 Plana, GommDsbn Hearn, I day no 122[1112 Thu 1280112 4T CBy Counali HooM9 toy Too 12113 Toe IM13 Pr*.V.Newpon mecABeytandlifUM Talc .-�� Pmpmsa ® mammary � Ebemq Talta ( '�'^�] DamEne e DaWTue49112 Spw Milmbn. ®. Pmlegmemmury wilmommatkaw Ealamslmum.. P.Se1 U Rgap$g�Na S 4303 OtMayiPPda30 - S 9A T,=P.9!M f 200 61Ri9Camiwa WWCMAFdNF. 5 3,810 TOTAL E3PENSFS f 6,410 Opb TaiW I14kWa 28smiR14ovms ArumiwN S 4,, ` 9ID1]!O hHoiese 5 4650. 5lmcpmu8arta NRiBSwWelans(NwnSc;p Mv31ry) $ 14,4W Maire Bldodci AvsesraMl(AWF116Asmdga) S 0.970 dAbW SWmvtlmb i 242M TOTALOFIIO TASKS s 21,9x0 GRAND TOTAL (wWmt opUwJ - BIRMf 181,653 6Mw d5 tasks)S T.W f 8.060 PMdpL Pda S Beau 6Pw1E+Y Pdhdvn RodxBm f 5,000 NmXNuys Tuk tEPpf Plmev 6b:NW IR4Wm Pato Guplu aspd spu 4 TOTALTECMMS ES TASKS f 24,520 s MI s ib $ m i w 1 14 'f 24 .Nova Cvtl nk1$.' mT4iomCdkilOttiFmHw-' -' ., 1'... _•_ -- �-- �. 6WYmkf:1: RYa m§dicn B 16 2a S 3,1N 8.bu U Ltdlp,*CdA.WM 2 B 18 28 'E 3,M Siluk12 Ratio WlJu d..ld n- 1 4, B B 4 25 5 2,915 SubWtlTmk1 15 f 9ibxk2l: IXMIn3tl 64.tii PafaprMOP 2 .8 Ifi 26i 3, Si 22 FnMKW%*Ps*2apoNW 1 4. 8 13 5 1,761 9E!as422Oin6 2 4 8 B B 3x 5 2.@0 S1A WTlakx W 5 '4,112 _ _ _. Svdlesk 1: 111SMmdo2Q�F3R 0 { Sumvy 2 B 10 5 IX4 Pn4r4Omb8M 4 8 12 5 1$A A.I.C. 2 6 24 34 s 4,4% ak ck? 2 4 6 td $ 1,9'0 Bleb WRe . 2 4. a 14 s 1,868 WWRrmlm9 2 4 B 14 s tga Ciebgl9da 2 8 16 26 s 3,523 (?ewbousv lhwcCiobd CSraetTage 2 4 8 14 5 1,968 HuaW trHarvduu MbmiJs 2 4 12 18 5 2452 Hydtl1p/BWaa Wr61/ 2 B 16 x S =a taglk9 dPm15np 2 16 m 58 5 2,616 W. 2 4 a 14 $ 1,98 PapIdl0Md2Wltl, 2 6 IB 24 'i 3.212 FWo6mhex 2 �s 32 42 5 6.4W TRl 2 8 16 26 $ 3,59 O88v866mb1&je... 2 9 32 42 s 5:461 H'aPYrvbP 4 24 40 5B S m MM 2W5CE0ASetllms '1 4 16 21 S' 2,72 wdow MM3akpp,w. 1 2 12 15 5 1;M 6Wak322�WsFt 4 is 32 'S2 $ 3,d6 6W!edi FMOI.A6R 2 8 16 26 S 3,528 ft! 3.4: WUM 4 a 12 12 1e $24,916 Subldy TvikS 811 S 11.3" i5k8Rawaa'dYdbva Faial fxR:,__: _-_ __ _ _. _ - _ _ _,_ _.' . _ -_ _: _. -- I GW ct 1s18w®rtli¢SRnspu eti/Ammtltl MaR 4 16 i0- W 5 B,@4 6W!a 4221d Wmldd=%R*imbCwaraAPFpd F89 2 8 16 26- $ 3518 9bbsk43 fNalftvspatabC911mnWFWIEW 1 4 8 13 S 1;784 Sbbsk4A: CEOAFxdi &SOC 2 8' 12 22 s 3,UN SLbb Tad4 121 s 11,]60 .4 _ _ ..S Stw%a1: p -off Lba v 2 6 IA00 'S Inkal Nbb6apNAf.UQ 6 6 12 $ 1,614 S,ta 62 flafad CewdntlbnAmtugs. 4 12 16 $ is 2,592 9-5Y. PuYk7liw'vgi: 18 6 24. $ 3,390 Sibt 53:manyercNC aw. 32 Y! 4,736 1=5 go O 14 1 Rgap$g�Na S 4303 OtMayiPPda30 - S 9A T,=P.9!M f 200 61Ri9Camiwa WWCMAFdNF. 5 3,810 TOTAL E3PENSFS f 6,410 Opb TaiW I14kWa 28smiR14ovms ArumiwN S 4,, ` 9ID1]!O hHoiese 5 4650. 5lmcpmu8arta NRiBSwWelans(NwnSc;p Mv31ry) $ 14,4W Maire Bldodci AvsesraMl(AWF116Asmdga) S 0.970 dAbW SWmvtlmb i 242M TOTALOFIIO TASKS s 21,9x0 GRAND TOTAL (wWmt opUwJ ta,ks)- 181,653 coma I tasks)S NOpa Iypmids f 8.060 N16ieblopiAad PdemMbde9ResbumaAswcanaV Lqd" S 4jm Reatlwse r"m.�pbi Cirtmb GmgeNvp>c f 5,000 NmXNuys S 8;40 6b:NW IR4Wm 5 24.%0 TOTALTECMMS ES TASKS f 24,520 Rgap$g�Na S 4303 OtMayiPPda30 - S 9A T,=P.9!M f 200 61Ri9Camiwa WWCMAFdNF. 5 3,810 TOTAL E3PENSFS f 6,410 Opb TaiW I14kWa 28smiR14ovms ArumiwN S 4,, ` 9ID1]!O hHoiese 5 4650. 5lmcpmu8arta NRiBSwWelans(NwnSc;p Mv31ry) $ 14,4W Maire Bldodci AvsesraMl(AWF116Asmdga) S 0.970 dAbW SWmvtlmb i 242M TOTALOFIIO TASKS s 21,9x0 GRAND TOTAL (wWmt opUwJ ta,ks)- 181,653 coma I tasks)S 47L Revised Proposal April 2012 PCR cannot precisely indicate the level of effort and associated fees that will be required to incorporate team and City revisions to the various iterations of the Draft and Final EIR. In these instances; we have proposed allowances for these tasks. As indicated above, PCR expects a moderate level of comments on the, Draft EIR and thus proposes an allowance of $B4O20 (60 staff hours) to complete the First Screencheck Final EIR for City review. In the event less effort is required than provided for with these allowances, PCR will not bill the balances. Similarly, if these allowances are not sufficient to complete the First Screencheck Final EIR or to incorporate City revisions to the Draft EIR or Final EIR, PCR will request additional authorization from the City. Fees and charges, will be billed on a monthly basis in accordance with the schedule of PCR 2012 Billing Rates and Expense Charges presented at the end of the proposal narrative. PROJECT TEAM The success of any project depends on the skills, capabilities, knowledge, and experience of the assigned project manager and key personnel to develop and execute the proposed work plan. These individuals are ably supported, by a robust, in-house team of planners, engineers, and scientists in their respective fields. Each member of the core team is sought after'by public agencies and private entities alike. The PCR team commits the individuals identified in this proposal and will commit the staff necessary to meet .the objectives of each assignment. Short biographies are provided below. One-page resumes showing education/credentials for key personnel and additional in-house personnel that may be called upon to supplement the team are, provided in the Attachment. Core Project Team Jay Ziff, PCR Principal and Director of the Environmental Planning & Documentation Division will serve as the Principal -In -Charge and is.available to dedicate 10 percent of his time to this project. In this role he will provide technical oversight and strategic advice, as needed. Mr. Ziff has over 20 years of experience as a professional CEQA/NEPA consultant. Mr. Ziff has managed preparation of a full range of documents pursuant to CEQA and NEPA. He served as the Principal -In -Charge of the Santa Monica Pier Gangway Project and Phase 4 Structural Upgrade MND; Golden Shore Master Plan, a mixed-use project for the City of Long Beach in the coastal zone; and the Camp Emerald Bay MND, a recreation ,project on Catalina Island. Additional experience includes numerous mixed-use, commercial/retail, residential, and infrastructure projects throughout Southern California. Mr. Ziff would David Crook, AICP, LEED AP, Principal Planner, will serve as Project Manager, primary CEQA document preparer, and primary contact for the City on this project and is available to dedicate 40 percent of his time to this project. Mr. Crook has over 12 years of experience preparing everything from a Notice of Exemption to leading a,large-scale EIR. His experience includes serving as project manager for the Santa Monica Pier Gangway Project and Phase 4 Structural Upgrade MND; Golden Shore Master Plan EIR, a mixed-use project for the City of Long Beach in the coastal zone; and the Camp Emerald Bay MND, a recreation project on Catalina Island; and North Main Street District Specific Plan EIR, a redevelopment project for the City of Corona. Additional projects include the Dana Point Harbor Revitalization Project Program EIR for the County of Orange; the Beverly Hills Gardens and Montage Hotel Project EIR in the City of Beverly Hills; the San Gabriel Center EIR in the City of San Gabriel; and the El Centro de Huntington Park EIR in the City of Huntington Park. City of Newport Beach PCR Setvices Corp omdon Back Bay Landing Development EIR 26 M Revised Proposal April 2012 Heidi Rous, CPP, Director of the Air Quality, Climate & Acoustic Services Division has over 20 years of experience preparing air quality analyses. She will serve as the Air Quality and Global Climate Change Task Leader and is available to dedicate 20 percent of her time to this project. Ms. Rous is a recognized authority in air quality, health risk, greenhouse gas (GHG) emissions, and permitting. Ms. Rous has managed Air Quality Impact Assessments (AQIA) and Health Risk Assessments (HRAs) required under various state, and federal environmental regulations including NEPA, CEQA, RMPP, Cal ARP, AB2588, and Proposition 65. She has authored numerous Air Quality, Human Health Risk, and Risk of Upset sections to 'EIRS, EISs, Environmental Assessments (EA), greenhouse gas analyses, and permit processing for a variety of public and private clients. Relative to the Back Bay project, Ms. Rous prepared the Air Quality/Greenhouse Gas analyses for numerous projects throughout Southern California including the ASCON Landfill in Huntington Beach, the Santa Monica Pier Gangway Project and.Phase 4 Structural Upgrade MND, and the air quality analysis for the Golden Shore Master Plan EIR in Long Beach. Everest Yan, Senior Air Quality Engineer, .has over 8 years of experience and a comprehensive knowledge of air quality and noise. He will support Ms. Rous in the completion of the air quality and greenhouse gas analyses and available to dedicate 20% of his time. Mr. Yan has technical expertise conducting air impact analyses using emissions inventory models such as EMFAC, URBEMIS, OFFROAD, MOBILE6/MOVES and AP -42 Emission Factors. He also has extensive experience in -performing roadway (mobile source) dispersion modeling using" EDMS for airport operations, CALINE4/CAL3QHC for roadway emissions, ISCST3/ AERMOD dispersion. modeling for construction and operations, and health risk assessments using HARP. Mr. Yan prepared the air quality impact studies for Church of the Woods in San Bernardino, Huntington Gardens/Library in San Marino, Santa Monica High School, Los Feliz Charter School and various LAUSD schools. In addition, he prepared the. CEQA-level Air Quality Technical Report and Global Climate Change Technical Report to assess the potential impact of the proposed development for the TVI Ecocentre in the City of Irvine and the Getty Center in Malibu. Kyle Kim; Ph.D., Senior Acoustics Engineer,, has over 10 years of academic and professional experience. He will serve as the Noise Task Leader and is available to dedicate 20 percent of his time to this project. Dr. Kim has designed specifications, for mechanical systems and conducted noise assessments for aircraft noise, traffic noise, and design response. He regularly performs construction and operational noise monitoring and roadway noise generation analysis for residential, infrastructure, industrial, and mixed-use projects subject to CEQA and NEPA compliance. His relevant project experience includes a noise study for the Ascon Landfill EIR;, Huntington Beach Skate Park; Golden Shore Master Plan EIR and the Orange County Fire Station #18 MND, Gavin Archer, MA, RPA, Director of Archaeology & Paleontology, has over 30 years of experience having studied and practiced anthropology and archaeology in California, Arizona, and several other states since 1982. His research interests include the prehistory, history and ethnography of the American West. Mr. Archer will serve as the Archaeological and Paleontological Task Leader and is available to dedicate 10 percent of his time to this project. His expertise includes all aspects of archaeological investigation, documentary research, Native American consultation, permitting, and regulatory compliance. Mr. Archer has successfully managed diverse cultural resources consulting projects for public and private sector clients, and including a variety of resources: Native American prehistoric occupation sites, traditional cultural properties, and sacred lands, and Historic Period sites, buildings, and structures. Examples of his field experience include: a central Alaskan Paleoindian encampment, windward Oahu Island pondfields, Archaic, Hohokam, and Trincheras villages of the Sonoran Desert, and the Tomato Springs sites of coastal southern California with hunter -gatherer occupation components dating from 7,500 years before present to Spanish City of Newport Beach Back Bay landing Development EIR PCR Services Corporation 27 45 Revised Proposal April 2012 contact in the late 1700s: His research has also included landfill "garbology," Tarahumara ethnoarchap-ology, Great Depression homesteading, and the early 20th century remains of downtown Phoenix and Los Angeles. Kyle Garcia, a Senior Archaeologist, will support Mr. Archer with Archaeological and Paleontological support. Mr. Garcia has over seven years of experience in archaeology and paleontology. Mr. Garcia will, serve as the Archaeological and Paleontological lead technical analyst and is available to dedicate 20 percent of his time to this project. Mr. Garcia has contributed his services and expertise to over 300 projects at PCR subject to requirements of the CEQA, Section 106 of the National Historic Preservation Act (NHPA), the NEPA, and other federal, State, and local regulations. He regularly coordinates with Native. American groups, clients, and regulatory agencies on behalf of clients. These projects included infrastructure, utilities, parks, mixed-use, residential, industrial, and commercial developments that served a variety of public and private sector clients throughout California and Arizona. His experience includes a numerous projects including record searches, Phase I field surveys and reports, and monitoring. Local experience includes the Newland Street Monitoring in Huntington Beach, a half-dozen projects for the City of San Juan Capistrano, an Orange County Fire Authority fire station, and the Heritage Fields (Orange County) Great Park. Margarita J. Wuellner, Ph.D., Director of the. Historic Resources Division has over 20 years of professional experience in the practice of applied architectural history, historic preservation and cultural resources management. She will serve as the Historic Resources Task Leader and is available to dedicate 20 percent of her time to this project .Dr. Wuellner has extensive experience in the management, preservation, and treatment of historic ,properties for compliance with Sections 106 and 110 of the National Historic Preservation Act (NHPA), National Environmental Protection Act (NEPA), Section 4(f) of the Department of Transportation Act, California Environmental Quality Act (CEQA), and local preservation ordinances. She is a specialist in the study of visual culture, Modernism, urbanism, and cultural landscape. Her qualifications and, experience meet and exceed the Secretary of the Interior's Professional Qualification Standards in History, Architectural History, and Historic Preservation Planning. She has extensive coastal experience working on numerous historical evaluations within the coastal cities of Laguna Beach, Santa Monica, and Hermosa Beach. Lawrence Honma, is a Senior Project Manager and Scientist with Merkel & Associates, specializing in coastal marine habitats. He will serve as the Marine Biological Resources Assessment Task Leader and is available to dedicate 30 percent of his time to this project He has over 20 years of experience that has varied from sediment quality assessments of bays and harbors to ecological investigations of intertidal and near shore subtidal areas of California, Hawaii, the Marshall Islands, Micronesia, Mexico, and Alaska. He has served as project manager or senior scientist for programs such as the San Diego .Regional Beach Sand Project, the U.S. Navy CVN near shore monitoring program, and Southern California Edison's NDPES kelp forest and fish community monitoring program. Mr. Honma has prepared numerous Water Quality, Marine Resource, and Fish sections to comply with CEQA or NEPA requirements, as well as technical, reports. In. addition, he has prepared numerous Essential Fish Habitat Assessments (EFHA) in accordance with the Magnuson -Stevens Fishery Management and Conservation Act several of which have required consultation with National Marine Fisheries Service. Eddie Font, is the president of VisionScape Imagery, specializing in the production of highly accurate and incredibly photorealistic still image renderings, visual simulations, animations, and interactive presentations. He will serve as both the technical lead and Principal -in -Charge for the optional visual simulations task and is available to dedicate 20 percent of his time to this project He has over 20 years of experience that has varied from competitive analysis, 3D Model Simulation, illustration, animation, storyboarding, photoshop, architectural visualization, rendering animation, financing and business. Mr. Font City of Newport Beach Back Bay Landing Development EIR PCR SerNces Corporation 28 50 Revised Proposal April 2012 is a proud member of various building industry affiliations including the American Planning Association's California Chapter and the.Building Industry Association. In addition, he also serves as the Board of Directors for the Sales & Marketing Council of Southern California and was the Co -Founder of Font Design Visualization Inc. and the architectural coordinator at Pardee Homes. PROJECT HISTORY The projects in the section below describe PCR's relevant experience as it pertains to similar projects and/or direct experience with the City. PCR Services Corporation Santa Monica Pier Upgrade, Santa Monica, California - PCR prepared the environmental documentation for the proposed structural upgrades to the existing pier and the addition of a gangway and floating doc. The proposed improvements, including floating dock, gangway, and supporting pilings, are necessary to ensure ongoing safe operation of the pier, allowing for boat -assisted evacuation of -the seaside end of the pier during an emergency. Given the nature of the proposed improvements, the bulk of environmental impacts relate to temporary construction activities -including air quality, biological (marine) resources, and greenhouse gas emission/global climate change. PCR worked with City staff to engage stakehotders (e.g.,.resource agencies, California Coastal Commission, residents, community organizations) in order to address concerns up front and minimize the potential for controversy. Villa Marina EIR, Marina del Rey, California - PCR prepared the EIR for a proposed condominium and retail project on a 4 -acre site at the southeast corner of Lincoln Boulevard and Maxella Avenue in Marina de Rey. The project proposes approximately 300 units, including a percentage set'aside for low-income families. The project is four stories in height plus subterranean parking, with retail uses on the ground floor and residential on the 'remaining floors. The project is subject to the requirements of a variety of jurisdictions due to its location. The site is located within the Palms -Mar Vista -Del Rey Community Plan area as well as being within the boundaries of the Los Angeles Coastal Transportation Corridor Specific Plan, The Project site is also within the, coastal zone and therefore, is under the jurisdiction of the California Coastal Commission. Venice Residential Development, Venice, California - PCR,prepared an Initial Study in support of an MND for the proposed three -phased residential development on a 6 -acre site located in the southeastern portion of the Venice community. Due to its location, the project was subject to the regulations and policies set forth in the Oxford Triangle Specific Plan, Venice Coastal Zone Specific Plan and the Venice Coastal Land Use Plan. Given that the project consists of multi -family housing, it would enhance land use compatibility in the area, particularly for the adjoining single-family residential uses. This project was approved after an extensive process of resolving neighborhood issues. Golden Shore Master Plan, Long Beach, California - PCR prepared the EIR for the Golden Shore Master Plan, a proposed project in downtown Long Beach that would provide new residential, office, retail, and potentially hotel uses within the approximately 6 -acre project site. The proposed project includes three development options: a residential option and two hotel options. The Residential Option would include 1,370 condominiums, an estimated 340,000 square feet of office space, 28,000 square feet of retail uses, approximately 3,355 parking spaces, open space, and other amenities. Under both Hotel Options city of Newport Beach Back Bay Landing Developmentl PCR Services Corporator 29 51 Revised Proposal April 2012 development would include 1,110 condominiums; a 400 -room hotel including conference/banquet facilities, and similarly proportioned square footage of office space, retail uses, parking spaces; open space, and other amenities as the Residential Option. PCR's EIR included a comprehensive analysis of all three development options for the proposed project, with primary issues of concern being traffic and circulation, air quality issues related to the nearby Port of Long Beach, construction noise and vibration, and aesthetics/views and shade/shadow related to the proposed building heights. Despite changes to the original project design and associated scope of work, PCR was able to complete the analysis of all project options in a timely fashion and within the original project budget Camp Emerald Bay Master Plan, Santa Catalina Island, Los Angeles County, California - PCR is currently preparing CEQA documentation in support of the Boy Scouts of America Western Los Angeles County Council's Camp Emerald Bay 2011 Master Plan project on Santa Catalina Island. The 2011 Master Plan provides a mechanism for the long-term expansion and improvement of the existing camp facility over an approximate 20 -year period, and given the site's unique location on Santa Catalina Island, the project involves a number of key environmental challenges. These challenges include the site's location directly on the coast with direct beach/ocean interface, sensitive biological resources including native habitat, a known archaeological site on the property,. wildland fire hazards, views/scenic resources, and several on-site natural drainages. PCR performed project -specific technical analyses for air quality, greenhouse gas emissions/.global climate change, archaeological and historic resources, and biological resources/jurisdictional features in support of the environmental document Our Lady Queen of Angels; Newport Beach, California - PCR prepared the MND for the proposed expansion of the school and church facilities at Our Lady Queen of Angels located within the Eastbluff community for the City of Newport Beach. The proposed expansion was based on'the acquisition of just over 4 acres previously by the adjacent St. Mark Presbyterian Church, PCR addressed air quality, geology/soils, hazards/hazardous materials, noise, and traffic. As proposed, St Mark's relocated facilities to San Joaquin Hills Road and ultimate vacation of the Domingo Drive location providing for the expansion of the Our Lady Queen of Angels site. The document was -approved and the project was built. Land Rover Newport Beach Service Center MND, Newport Beach, California -PCR prepared the MND for a proposed service center and storage facility associated with the existing Land Rover Dealership on jamboree Road for the City of Newport Beach. The proposed facility would be located approximately four miles from the Jamboree Road location and would house vehicles awaiting service and new inventory. In addition to the MND, PCR prepared a recirculated MND and coordinated a shorter review period with the Department of Toxic Substance Control, Regional Water Quality Control Board, and Airport Land Use Commission of Orange County; and filed a.Certificate of Fee Exemption with the California Department of Fish and Game. The document was approved and the project was built Conexant Systems EIR, Newport Beach, California - PCR prepared an EIR for the expansion of the Conexant Systems, Inc. facility for the City of Newport Beach to provide for 566,000 additional square feet of light industrial and supporting office/lab space. The initial work effort consisted of the preparation of an Initial Study that focused the scope of the Draft EIR to include specific environmental topics. Due to its location directly adjacent to two other jurisdictions (City of Irvine and University of California, Irvine), the project involved extensive research in order to define the cumulative setting for the land use and traffic analyses. The EIR addressed the following environmental issues: Land Use and Planning; Population; Water Quality; Air Quality; Transportation/Circulation; Noise; Public Services; Utilities and Service Systems; Aesthetics; and Recreation. City of Newport Beach Back Bay landing Development EIR PCR Services Corporation 30 52 Exhibit B PCR Services Corparation 53 PCR 2012 BILLING RATES ARID EXPENSE CHARGES Professional Time Environmental Planning & Documentation President........................................................................................................................................................$278.00 Director/Principal...................................................................................:..................................................$2 04.00 Principal..........................................................................................................................................................$185.00 AssociatePrincipal.....................................................................................................................................$167.00 PrincipalPlanner........................................................................................................................................$148.00 SeniorPlanner II.........................................................................................................................................$135.00 SeniorPlanner 1...........................................................................................................................................$121.00 Planner....... .......................................................................................................... ........... I ....... ....................... $107.00 AssociatePlanner........................................................:................................................................................ $93.00 AssistantPlanner............................................................. ................. ....... .................................................... $79.00 Technician........................................................................................................................................................ $65.00 Intern.......................................................................:.........:............................................................................... $52.00 Biological Services Principal/Director....................................................................,................................................................$ 232.00 Principal Environmental Scientist.................:.....................................................................................$175.00 AssociatePrincipal.....................................................................................................................................$167.00 Principal Environmental/Regulatory Scientist..............................................................................$165.00 Principal-Biologist......................................................................................................................................$148.00 SeniorBiologist 11.......................................................................................................................................$135.00 SeniorBiologist I.........................................................................................................................................$121.00 Biologist..........................................................................................................................................................$107.00 AssociateBiologist.......................................................................................................................................$93.00 AssistantBiologist...........................................................................................................:......:..................... $79.00 Technician........................................................................................................................................................ $65.00 Intern................................................................................................................................................................. $52.00 Air Quality, Climate & Acoustics Director...........................................................................................................................................................$167.00 Principal Engineer/Scientist............................................. $148.00 ..................................................................... Senior Engineer/Scientist 11 ...................................................................................................................$135.00 Senior Engineer/Scientist I.....................................................................................................................$121.00 Engineer/Scientist......................................................................................................................................$107.00 Associate Engineer/Scientist................................................................................................................... $93.00 Assistant Engineer/Scientist.................................................................................................................... $79.00 Technician........................................................................................................................................................ $65.00 Intern................................................................................................................................................................. $52:00 Historic Resources Director.........................................................................................:..............................................:...:..............$167.00 PrincipalHistorian......................................................................................:..............................................$148.00 SeniorHistorian 11......................................................................................................................................$135.00 SeniorHistorian I........................................................................................................................................$121.00 Historian.........................................................................................................................................................$107.00 AssociateHistorian...................................................................................................................................... $93.00 54 AssistantHistorian....................................................................................................................................... $79.00 Technician........................................................................................................................................................ $65.00 Intern... :........................... .................................................................................................................................. $52.00 Archeological & Paleontological Resources Director...........................................................................................................................................................$167.00 Senior Archaeologist/Paleontologist II.............................................................................................$135.00 Senior Archaeologist/Paleontologist I...............................................................................................$121.00 Archaeologist/Paleontologist ................................................................................................................$107.00 Associate Archaeologist/Paleontologist............................................................................................. $93,00 Archaeological/Paleontological Technician...................................................................................... $65.00 Intern................................................ .... ...................... ...................................................................................... $52.00 Support' Senior GIS Specialist/Senior Graphics GIS Specialist ................................................. 07.00 GraphicsSpecialist........................:.............................................................................................................. $83.00 PublicationsSpecialist .......... ............ :............ ....... .......... :...................... .................................................... $74.00 ProductionSpecialist.....................................................•........................;..............:....................................$74.00 55 5�1 Jay Ziff, PRINCIPAL / DIRECTOR OF ENVIRONMENTAL PLANNING 8 DOCUMENTATION Education Experience • M.L.A., Califomia State Representative CEQA and NEPA Projects: Mr. Ziff served as PCR's project Polytechnic University, Pomona, manager for the Environmental Impact Statement (EIS)/Environmental Impact California, 1989 Report (EIR) for the Los Angeles International Airport (LAX) Master Plan for • B.A., Environmental Studies, over a decade. He worked in concert with a team of engineers and technical University of California, Santa subconsultants in preparing the document for this highly complex and Barbara, California, 1983 controversial project. Despite a number of aggressive legal challenges, the document was certified and the project approved in 2005. Subsequent to the Professional Affiliations Master Plan, Mr. Ziff led the EIR for the proposed replacement of the LAX Urban Land Institute Central Utility Plant as a part ofPCR's role as an on-call environmental Summary consultant to the Los Angeles World Airports. Mr. -Ziff coordinated with a large Jay Ziff has over 20 years of team of consultants, under a very aggressive schedule to finalize the EIR in less experience in environmental than a year. consulting. Mr. Ziff has managed preparation of a full range of His recent additional Southland projects of note include managing the documents pursuant to California Metropolis Mixed -Use Project in downtown Los Angeles; the Skyline Ranch Environmental Quality Act (CEQA) project in northern Los Angeles County; the Point View Project in Ranch Palos and National Environmental Policy Verdes; the Santa Monica Downtown Parking Progmm EIR; and the Eastem Act (NEPA), including studies for Urban Center Sectional Planning Area Plan EIR in Chula Vista. new land development, CEQA Support for School l"acilities: Mr. Ziff managed preparation of the EIR redevelopment, infrastmcture for Los Angeles Unified School District's (LAUSD) Central Los Angeles Area projects, long-range development High School No. I I and Vista Hermosa Park project on the site of the previously plans, and General Plans. Through proposed Belmont Leaming Center. Due to the history of controversy over the his years of management in the field site, he was specifically sought out by the LAUSD to oversee the EIR and he is a skilled CEQA practitioner, helped the District successfully complete the CEQA process for what had been responsible for directing the most challenging and controversial school projects undertaken by LAUSD. documentation for a number of the region's most challenging projects. Mr. Ziffs additional school facility projects are best represented by the CEQA As a result of his acute expertise, he documentation for the Pasadena Unified School District Facility Master Plan; is also called upon to provide the Beverly Vista School Rehabilitation, Improvement and Upgrade Final EIR environmental advisory and review for Beverly Hills. Unified School District; and East Valley Area Middle School services to clients in the private and No.I EIR, and the East Valley High School I B Addition EIR for Los Angeles public sectors. Unified School District. His college and university experience includes managing the UC lrvine Long Range Development Plan Circulation and Open Space Amendment EIR, and work on a number of other UC system Long -Range Development Plan EIRs. General Plans and Related CEQA Compliance: Mr. Ziff's completed General Plan and planning document include the City of Murrieta General Plan EIR & Master EA, the Et Segundo General Plan EIR, the City of Westminster Consolidated General Plan/EIR, and the City of Santa Monica Historic Preservation Element. lie also assisted in management and preparation of the Citv of Pasadena Land Use and Mobility Elements EIR, the City of Irvine General Plan Program Phase 11 Master EIR. and the City of Santa Barbara Long - Term Water Supply Program EIR. Envirormenial.Idvisory Review & On -Call Services: Mr. Ziff provided environmental advisory and review services to the City of Murricta with direct responsibility for overseeing the environmental review process for six specific plans proposed within the City and its sphere of influence. The combined projects cover approximately 3.000 acres with potential for over 6.000 dwelling units. He reviewed and commented on the City of Arcadia General Plan EIR for Santa Anita Realty Company, and has also provided third -party review of environmental documentation for the Royal Rangers Adventure Camp Recirculated EIR and a number of other projects. PCR SERVICES CORPORAT6`�F David Crook, AICP, LEED AP, PRINCIPAL PLANNER Education Experience • M.S., City and Regional Environmental Impact Reports (EIRs): Mr. Crook has managed and prepared EIRs for Planning, California Polytechnic specific development projects and larger programs throughout California. Mr. Crook is State University, San Luis currently serving as project manager for the City of Long Beach, Westgate Specific Plan Obispo, California, 2000 EIR for the City of Fontana, and Saint John's Health Center EIR Addendum for the City • B.S., Environmental Studies, of Santa Monica. He served as project manager for the North Main Street District nia University of California, Santa SpecificPlanAmendment EIR in the City of Corona, as well as the Golden Shore Barbara; California, Master Plan EIR in the City of Long Beach. Prior to joining PCR, Mr. Crook also served m project manager for the Marcum at Robinson Ranch EIR in the City of Santa Permits/Certifications Clarita, and also served as assistant project manager and lead analyst for the Henry • U.S. Green Building Council Mayo Newhall Memorial Hospital Master Plan EIR and Lyons Canyon Ranch EIR in LEED Accredited Professional the same jurisdiction. (BD+C), 2007 Prior tojoining PCR, Mr. Crook served as lead analyst and task manager for the • American Institute of Certified following EIR projects: Carrari Ranch EIR in the City of Rancho Cucamonga; Soledad Planners (AICP) #018136, 2002 Townhomes EIR in the City of Santa Clarita; The Village at Playa Vista EIR in the City of Los Angeles; San Gabriel Center EIR in the City of San Gabriel; EI Centro de Professional Affiliations Huntington Park EIR in the City of Huntington Park; 231-265 North Beverly Drive Board Member, Orange County Project EIR in the City of Beverly Hills; Kohl Ranch Specific Plan EIR Addendum in Association of Environmental the County of Riverside; Canyon Sewers Replacement and Rehabilitation Project Professionals, 2008 -Present Program EIR in die City of San Diego; South Schulte Specific Plan Supplemental EIR Board Member, Orange County in the City of Tracy; and Chino Hills Shoppes, Civic Center, and Park EIR in the City of American Planning Association, Chino Hills. Additionally, Mr. Crook served as CEQA project manager for numerous 2006-2008 new school and expansion project EIRs for the Los Angeles Unified School District. Mr. Crook also served as an analyst for the Los Angeles International Airport Master U.S. Green Building Council Plan EIS/EIR for Los Angeles World Airports, Pacific Golf and Country Club Residential Summary Project EIR in die City of San Clemente, Tyler Mull Expansion Project EIRAddendum David Crook is an environmental and Fox Plaza Project EIR in the City of Riverside, Beverly Hills Gardens and Montage planner with over 10 years of Hotel Project EIR in the City of Beverly Hilts, Dana Point Harbor Revitalization Project professional experience in Program EIR for the County of Orange, the University Villages Specific Plan EIR in the environmental science, impact City of Marina, and the Sherwin Project EIR in the Town of Marmnoth Lakes. assessment, planning, and geographic Mitigated Aegative Declarations/Negative Declarations: Mr. Crook has managed and information system (GIS) produced several Initial Studies in support of /Negative Declarations (NDs) and applications. He has prepared all Mitigated Negative Declarations (MNDs) For many jurisdictions in Southern California. levels of California Environmental He served as the Project Manager for the Burbank Recycled Water System Expansion Quality Act (CEQA) and National Project MND in the City of Burbank, mid is currently serving as project manager for the Environmental Policy Act (NEPA) Burbank Reservoir No. 1 Reconstruction Project MND in the same jurisdiction. Mr. studies, as well as other planning Crook is also managing the Santa Monica Pier Gangway and Phase h Structural documents, including general plans Upgrade Project MND for the City of Santa Monica, and the Camp Emerald Bay Master and specific plans. He has worked on Plan MND for the County of Los Angeles. Additional MND management experience a variety of projects for public and includes the Cesar Chavez Avenue/Lorena Street/htdiana Street Intersection Improvement private entities that require a Project for the City of Los Angeles Department of Public Works, Bureau of Engineering. diversity of skills and disciplines, such as written and oral Prior tojoining PCR, Mr. Crook served as lead analyst and assistant project manager for communication, analytical, and the Hi Hope Ranch Supplemental MND; St. Cloud General Plan Amendment/Zone managerial. In addition to his CEQA Change NO, and St. Cloud Tentative Tract Map A1ND, all located in the City of and NEPA expertise, Mr. Crook has Oceanside; Film and Television Archive Preservation Center MND in the City of Santa experience with field inspections, Clarita: Fos Theater Rehabilitation Project MND in the City of Riverside; San Fernando including soil. groundwater, and Road Rezoning Project ND in the City ot'Glendale; West Basin Water Recycling Plant surface water sampling and analysis, Phase I V Expansion MND for the West Basin Municipal Water District; Under Ocean and preparation of associated Floor Seawater Intake and Discharge Project MND/EA in the City of Long Beach; the analytical reports. Essex Hollywood Project MND in the Cit} of Los Angeles; and Santa Ynez Reservoir Covering Project MND. Magnolia Tmnk Line MND, Hansen Area Water Recycling Project MND, Sepulveda Basin Water Recycling Project: Woodley/Burbank MND, City Tn nk Line South MND. and West Valley Water Recycling Project MND For the City of Los Angeles Department of Water and Power. PCR SERVICES CORPORATIOR Heidi Rous, CPP, PRINCIPAL, DIRECTOR OF AIR QUALITY, CLIMATE &ACOUSTICS SERVICES Education Experience B.S. Physics, California State CEQA• NEPA, and Environmental Assessments: Ms. Rous has authored numerous Polytechnic University, Pomona, Air Quality, Human Health Risk, and Risk of Upset sections to Environmental California, 1990 Impact Reports (EIR), Environmental Impact Statements (EIS), Environmental Permits/Certifications Assessments (EA), and other special studies. Clients include Port of Los Angeles, Certified Permitting Professional Port of Long Beach, South Coast Air Quality Management District (SCAQMD), (CPP), Registered with South Port of Oakland, United States Environmental Protection Agency, Federal Aviation Coast Air Quality Management Administration, Federal Highway Administration, numerous municipalities, and District, 1166027 all major branches of the Department of Defense. Summary Greenhouse Gas (GHG) /Global Climate Change: Ms. Rous has performed Heidi Rous has over 20 years of numerous greenhouse gas and global climate change analyses for projects experience in permitting, compliance, involving mobile and stationary sources. Ms. Rous is currently performing air quality planning, training, technical analyses of CHC emissions for a number of transportation and emissions estimations, and special development projects throughout Southern California. She worked closely with studies. the Land Use Services Division of the County of San Bernardino to develop interim significance criteria and methodology to quantify GHG emission Ms. Rous has managed Air Quality reductions, including defining "business as usual' and determining the efficacy of Impact Assessments (AQIA) and control measures to reduce emissions from mobile and stationary sources. In Health Risk Assessments (HRAs) addition. she performed the GHG analysis for the proposed LAX Central Utility required under various State and Plan Replacement project. The analysis included construction emissions of criteria federal environmental regulations and toxic air pollutants and greenhouse gases (GHGs), and the beneficial impact including National Environmental (net reduction) of project implementation, due to increased energy efficiency. Policy Act (NEPA), California Environmental Quality Act (CEQA), Health Risk Assessments and Offsite Consequence Analyses: Ms. Rous has RMPP, Cal ARP, AB2588, AB32, and managed or performed numerous HRAs and Offsite Consequence Analyses Proposition 65. Ms. Rous has (OCAS) for a diverse range of clients and source types, including manufacturing, extensive expertise with all surface coating, metal plating, landfills, aggregate plants, refineries, ports, and applicable modeling tools including bulk storage terminals. In addition, she performs the requisite HRAs for new ISCST, URBEMIS, HARP, school development for LAUSD and other districts that include quantification of DEGADIS, EMFAC, Ca13QHC, the health risk posed from exposure to mobile sources such as freeways and train Calinc4, and EDMS. operations. She has performed OCAS for water supply and waste water treatment facilities, power plants, cold storage facilities, and chemical plants. Ms. Rous has comprehensive experience with design and Permirtin,g and Compliance: Ms. Rous has provided comprehensive planning and permitting of air pollution control compliance services to numerous facilities in the energy and heavy manufacturing devices, including BACT sectors. Specific experience includes permitting of new and modified facilities determinations, emission credit (ERC throughout California, especially within the SCAQMD jurisdiction, including and RECLAIM) assistance, Risk refineries, cogeneration facilities, electrical production plants, steel rolling mills, Management Plans, and other metal plating operations, aerospace manufacturing, food production landfills, and compliance services. She has wastewater treatment plants. Tasks include regulatory analyses, emissions authored Start-up. Shut -down, and. inventories, AQIAs, HRAs, and BACT determinations. Malfunction plans, and frequently supervises emissions and Ms. Rous has prepared and negotiated permit applications, performed audits, performance testing of new, assessed air quality impacts and HRAs for petrochemical and energy clients such modified, and demonstration units. as ARCO, British Petroleum, Chevron, Shell, Valero, Unocal, Ultramar, Well Head She is highly skilled in quantifying, Electric, Oklahoma Gas de Electric, and Southem California Edison. She has modeling, mitigating emissions from provided on-site compliunee support (staff augmentation) at various times for stationary and mobile sources, and ARCO and BP. and is familiar with all aspects of applicable health and safety meeting the required regulatory requirements. With BP, Ms. Rous was responsible for GI -IG emission calculations, compliance under the CAA. CWA, field surreys, and permitting of a new FCCU unit. CERCLA, RCRA. EPCR.A, and She has supported on-call permitting requests, such as review of Title V operating related statutes. permits. completion of applications for authority to construct, case-by-case BACT determinations, and cost-effectiveness calculations. �� PCR SERVICES CORPORATI@� Everest Yan, SENIOR ENGINEER Education Experience B.S., Chemical Engineering Air Quality Analysis: Mr. Yan has managed and performed air quality analyses (Environmental Emphasis), for mobile source emissions for CEQA projects using CAR B's EMFAC and University of Southern EPA's MOBILE&MOVES models. In addition to the standard tools, he has also California, Los Angeles, created customized applications to perform analyses too complex for standard California, 2001 tools such as determining specific fleet mix for local segments of roadways based Engineer -In. -Training (EIT) on vehicle size, temporal distribution and speed. Such tools are based on existing roadway (mobile source) dispersion EMFAC methodology, using Caltrans Performance Measurement System (PeMS) Summary data. Everest Yan is an engineer with over Environmental Impact Reports (EIRs) for Westfield's Santa Anila and New eight years of experience and a Mr. Yan also has experience in assisting with air quality monitoring in industrial comprehensive knowledge of air and urban environments ranging from conducting fieldwork to data formatting quality and noise. and analysis. Mr. Yan has technical expertise Mr. Yan has performed health risk assessments (HRAs) for projects that may have conducting air impact analyses using the potential of placing sensitive uses near hazardous or carcinogenic emission emissions inventory models such as sources such as roadways (diesel particulate) and industrial sources. Health Risk EMFAC, URBEMIS, OFFROAD, Assessments are performed using the most recent Office of Environmental Health MOBILEUMOVES and AP -42 Hazard Assessment (OEHHA) methodology and the Health and Air Research Emission Factors. He also has Program (HARP) risk assessment model. extensive experience in performing roadway (mobile source) dispersion He has performed air quality analyses required under CEQA for inclusion to modeling using EDMS for airport technical sections of Mitigated Negative Declarations (MNDs) and operations, CALINE4/CAL3QHC for Environmental Impact Reports (EIRs) for Westfield's Santa Anila and New roadway emissions, ISCST3/ Century Plan projects, and Gregory Canyon Landfill. AERMOD dispersion modeling for Noise and Vibration Annlvsis: In addition to his air quality fieldwork and construction and operations, and health risk assessments using HARP. reporting, Mr. Yan is responsible for noise measurement collection, processing noise/sound data, and modeling noise impacts at sensitive uses from roadway In addition to performing mobile mobile sources as well as stationary construction sources for projects such as source emissions analyses, Mr. Yan Getty Villa, Buckley School, and Gregory Canyon Landfill. has also performed extensive work for Caltrans' projects which include Storrnwnter dlonitoring: Prior to joining PCR, Mr. Yan assisted in preparing conformity analyses and air quality reports and conducting training for stormwater monitoring. These reports include technical reports to calculate GHG county -wide monitoring reports for ultimate submission to the Regional Water Quality Control Board (RWQCB),. water quality monitoring standard operating emissions. procedures; and the training oCRWQC6 inspectors. Mr. Yan has also conducted fieldwork involving wet and dry weather water sampling, and Quality Assurance/Quality Control (QA/QC) on water chemistry results. He performed QA/QC and assisted with the development of the Caltrans Statewide Stormwater Monitoring Database. &6 PCR SERVICES CORPORATIPkD Kyle H. Kim, Ph.D., SENIOR ENGINEER Education Experience • Ph.D., Architectural Acoustics, Environmental Acoustics Analyses: Dr. Kim has conducted environmental University of Florida, Gainesville, acoustics analyses for numerous projects in Southern California and Uvoughout Florida, 2004 the United States Local projects include Second and PCH in die City of Long • M.S., Architectural Studies, Beach, the Getty Villa. Outdoor Theater, Hollywood Palladium, The New Century University of Florida, Gainesville, Plan in the Century City community, The Wilshire Gayley project in the Florida, 2000 Westwood community, and Cesar Chavez Roundabout Improvement Project for the City of Los Angeles Department of Public Works, and Loyola Marymount • B.E., Building Equipment System, University Community Noise Study. He also conducted environment noise Kyungwon University, Korea, analysis for Emery II residential development project. He provided building shell 1995 (Mechanical Engineering requirements to reduce exterior noise levels in residential units. He has equivalent degree) completed peer reviews of Noise Study Report of 1-215 HOV Gap Closure Professional Affiliations Project and Noise Abatement Decision Report of 1-15/I-215 Interchange • Member, Institute of Noise Control Improvements Project. Other projects include Disney Beach Club Villas Noise Study; Yibor City Noise Ordinance; Grey Oaks Subdivision; Coronado at Gulf Engineering Harbor; Bike Week Noise Impact Study in Daytona Beach, Florida; Okinawa • Member, Acoustical Society of Camp Noise Study; and the Federal Law Enforcement Training Center Firing America Ranges Noise Study. Under contract to the Hyatt Regency, he assessed traffic Expertise noise to design a sound wall for the hotel in response to the SR 60 Road Kyle Kim has over 10 years of Widening project in Florida. In addition, Dr. Kim suggested mitigation measures professional and academic experience to minimize the impacts of noise from a variety of new roller coasters and an in architectural and environmental outdoor theater at Fantasy Harbor Theme Park in South Carolina on adjacent acoustical consulting for corporate and residential and commercial properties. office buildings, schools, medical Architectural Acoustics Analyses: Dr. Kim has performed architectural acoustics facilities, religious institutions, analyses such as noise isolation and noise control for projects including the residential, airports, entertainment Symantec Office Development in Culver City, the Beverly Wilshire Office groups, and hotels. Building, Capital Group Long Beach, and Caldwell Banker in West Los Angeles. Dr. Kim has extensive experience Under contract to the Los Angeles Unified School District, he analyzed the conducting and designing sound wall effects of noise emitted from a train passing a new school, conducted acoustical analyses, noise analyses, sound studies for the school's multipurpose rooms and provided the District with isolation, transportation analysis, and suggestions for mitigation strategies. In addition, he has provided sound. noise control for a variety of projects isolation design services for HVAC systems for the Veterans Administration throughout the.. United States. He has chapel in Los Angeles. designed specifications for mechanical Noise Siudy-Focused Publications: Dr. Kim has authored several publications systems and conducted noise including "Estimating Community Noise Levels from Outdoor Condensing assessments for aircraft noise, gunshot Units," Journal of the Acoustical Society ofAmerica; "Acoustical Comparisons of noise, traffic noise, and design Existing Facilities and New Facilities in a Special Education School," response. Dr. Kim also specializes in. NoiseCon03; "Computer Model Studies to Predict Qualitative and Quantitative architectural acoustics including room Measures of Speech Intelligibility in Classrooms,".Journal of the Acoustical and building acoustics, reverberation Society ojAmerica; "Auralizations and Other Computer Model Studies to Predict measurements, data analysis, and Qualitative and Quantitative Measures of Speech Intelligibility in Classrooms," heating, ventilation and HVAC systems. Journal ofthe Acoustical Society ojAmerica; and "Hyde Park United Methodist He has used Ivie PC40, B&K 2236 and Church," Journal of the Acoustical Society of.91nerica. 2260: Larson -Davis 2800; and RION LN -27 to conduct noise analyses. A - PCR SERVICES CORPORATIPPJ Gavin Archer, M.A., UA, DIRECTOR OF ARCHAEOLOGICAL & PALEONTOLOGICAL RESOURCES Education Experience • M.A., Anthropology (Archaeology Cal State Fullerton Native American Graves Proteclion and Repatriation Act Thesis), University of Arizona, (NAGPRA) Consulting— Mr. Archer was recently selected to provide NAGPRA Tucson, Arizona, 1990 consulting services to CSUF. He will lead the PCR team in the repatriation plans • B.A., Anthropology, University of for the Little Lake site and the preparation ora strategic plan regarding Arizona, Tucson, Arizona, 1987 repatriation for future sites. Archaeology Field School Redeveloping in Historic Downtown San Juan Capistrano, Orange County, University of Alaska, Fairbanks, California — Mr. Archer conducted test excavations to evaluate the significance of Alaska, 1986 archaeological deposits on a site in historic downtown San Juan Capistrano. Registrations/Certifications Excavations were conducted adjacent to Acjacheme, an indigenous ancestral village Member, Register of Professional site, and the 18th Century Spanish Mission San Juan Capistrano. Some deposits Archaeologists were found to include prehistoric and protohistoric Native American artifacts, including rare early pottery fragments. Mission Period artifacts were also found. Professional Affiliations The study was completed in cooperation with the Juaneno Band of Mission Indians • Society for Historical Archaeology and is in use for the planning of mixed-use redevelopment of the site. • Califamia Cultural Resource Recovering Human Remains on a Southern California Coastal Bluff— Mr. Archer Preservation Alliance, Member of conducted an excavation to recover human remains unearthed at a home in a the Board of Directors neighborhood which was built, in the 1940s, on a prehistoric Native American Summary village site. Sediments and artifacts at the site indicated a Late Prehistoric (AD Mr. Archer has studied and practiced 450-1500) dale. The excavation was completed in cooperation with the Juaneno anthropology and archaeology in Band of Mission Indians. The remains were repatriated to the Juaneno for California, Arizona, and several other reburial and home improvement work recommenced. states since 1982. His research interests Repairing Crude Oil Pipelines in Angeles National Forest, Los Angeles County, include the prehistory, history and California — Mr. Archer conducted a monitoring program for Plains All American ethnography of the American West. His Pipeline. The repair work required vehicle access along the Old Ridge Route, a expertise includes all aspects of highway built in 1913 and listed on the National Register of Historic Places. The archaeological investigation, monitoring program ensured that the Old Ridge Route and historical sites along it documentary research. Native American were not damaged, and the repair work was completed in compliance with consultation, permitting, and regulatory Angeles National Forest's conditions of project approval. compliance. Nursing Home Expansion in Murrieta, Riverside County. California —At the Mr. Archer has successfully managed behest of Capital Funding, LLC, Mr. Archer conducted a cultural resources re - diverse cultural resources consulting assessment of the proposed building site made possible through federal funding projects for public and private sector for the construction of an additional building at an existing nursing home in clients, and including a variety of Murrieta. As a result of the funding, the project triggered a need to comply with resources: Native American prehistoric the National Historic Preservation Act. Mr. Archer reviewed existing monitoring occupation sites, traditional cultural and mitigation requirements. The re -assessment provided the basis for monitoring properties, and sacred lands, and and mitigation measures similar to those previously established for the property Historic Period sites, buildings, and which were in compliance with the National Historic Preservation Act. structures. Examples of his field Realigning a Highway to Summit ['alley, San Bernardino County, California— experience include: a central Alaskan Mr. Archer completed an archaeological survey for the County of San Puleoindian encampment, windward Bernardino. The eight -mile -long Summit Valley Road Realignment runs from O'ahu [stand pondrnelds, Archaic, Hesperia along Antelope Valley to Horsethief Canyon and Summit Valley. Eight Hohokam, and Trincheras villages of archaeological sites were recorded by the survey, including prehistoric Native the Sonoran Desert, and the Tomato American lithic artifact scatters and the remains of early twentieth century Springs sites of coastal southern homesteading. The survey results are assisting the further planning and future California with hunter -gatherer construction of the realignment. occupation components dating from 7,500 years before present to Spanish Bringing Retail Opportunities to the Historic Community of Highgrrove. Riverside contact in the late 1700c. Itis research County Colifiornia — Mr. Archer conducted the assessment for the proposal to has also included landfill - vzrbology% build a much-needed shopping plaza on a long -vacant let in the unincorporated Tarahumara ethnoarchwo!ogy, Great community of Highgrove. which facilitated county pemnitting for the project. Depression homesteading. and the early Highgrove has a rich agricultural heritage and the area includes historic canals, 20th century remains of downtown railroads, and buildings. A required a cultural resources assessment in Phoenix and Los Angels. accordance with Riverside County standards and guidelines. -- PCR SERVICES CORPORATI®It� J Kyle Garcia, SENIOR ARCHAEOLOGIST Education Experience • B.A., Physical Anthropology, Mr. Garcia has contributed his services and archaeological expertise to over 300 University of California, Santa projects at PCR subject to requirements of the California Environmental Quality Act Barbara, California, 2004 (CEQA), Section 106 of the NHPA, the National Environmental Policy Act (NEPA), Registrations/Certifications and other federal, State, and local regulations. These projects included energy, • Riverside County Registered infrastructure, utility, residential, commercial, mixed-use, schools, parks, trail systems, Archaeologist 9202 and urban redevelopment serving a variety of public and private sector clients throughout California and Arizona. In addition to his archaeological work, Mr. Garcia • 40 -Hour HAZWOPER Training, 2010 has been moss -trained in paleontological mitigation monitoring and assisted in the Continuing Education excavations of a Miocene whale fossil near Irvine, California. • Cultural Resources Orientation & Pro- Peer Reviews: Mr. Garcia is often sought after to conduct Peer Review services of Seminar, County of Riverside, 2011 controversial projects across southern California. These reviews include • Introduction to Professional Practice environmental documentation for the Needles Highway Safety Realignment Project for under Section 106 of the National the County of San Bernardino Department of Public Works and various infrastructure Historic Preservation Act (NHPA), 2009 projects for Caltrans/San Bernardino Associated Governments. • Cultural Resources Protection Under CEQA and Other Legislative Mandates, General Project Experience: Mr. Garcia has extensive experience in dealing with UCLA Extension, 2008 projects with a large number of archaeological resources. His large-scale surveys include a pedestrian survey and site recordation of more than 200 historic and • Riverside County Archaeology and prehistoric archaeological resources as part of a Class III Inventory on an Cultural Sensitivity Training Program, approximately 11,000 -acre portion of the La Osa Ranch Project site in Pinal County, 2007 Arizona; and he directed the 1,400 -acre field survey and the successful site recordation Professional Affiliations of over 150 prehistoric and historic archaeological resources per the Section 106 • Society for American Archaeology Process for a confidential project in Riverside County. He also served as Deputy • Society for California Archaeology Project Manager for the approximately 240 -acre Archaeological Treatment & • Pacific Coast Archaeological Society Restoration Plan for The Cove project that was subject to Section 106, where he • Orange County Natural History performed the field survey, Native American consultation, prepared the final report, Museum and supervised the thorough recordation and documentation orover 350 significant artifacts which included artifact photography and illustrations. Summary Kyle Garcia is the Group Leader for PCR's F.ne+gy Projects: He is well -versed in the potential effects of energy production Archaeological and Paleontological Division projects on California Archaeology through his service as an on-call consultant to with. over eight years of professional and Southern California Edison (SCE) where he has served as the Project Director and academic experience in the archaeology and Manager for over 100 SCE projects and managed SCE purchase order contracts in prehistory of California. Mr. Garcia is excess of $ I.SM. These projects were subject to requirements of CEQA, Section 106 knowledgeable about archaeological of the NHPA, and other local ordinances. These projects included deteriorated pole resources in coastal, interior, and island replacements, conduit and vault installations, distribution circuit installations, and settings. He specializes in faunal analysis emergency on-call archaeological survey and monitoring services for SCE property and has worked in faunal laboratories at during recent southern California wildfires. Mr. Garcia not only managed the budgets UCSB and the Santa Barbara Museum of and supervised the work but he also conducted most of the record searches, surveys, Natural History. report writing, site recordation, and client/agency coordination for these projects. Mr. Garcia has evaluated historic and These projects also entailed rapid response sem ices including close -interval surveys, prehistoric archaeological resources for construction monitoring, and sensitivity assessments for SCE property in areas listing in the National Register of Historic damaged by the wildfires. Places and the California Register of Presentations: Mr. Garcia presented a paper at the 72nd Annual Meeting for the Historical Resources. conducted agency and Society of American Archaeology Conference in Austin. Texas in 2007. The paper Native American consultation, conducted and focused on prehistoric'yoni' features encountered on a project site proposed to be supervised all aspects of archaeological developed in westem Riverside County, California. Fieldwork mid laboratory processing, GeographGeographicInformation .Systems (GIS): Mr. Garcia has also gained valuable numerous recon) searches at the conducted n experience with recording historic and prehistoric archaeological sites with Garmin, merousation Centers across the State, regional Magellan, and sub -meter Trimble Geo\ r Global Positioning System (GPS) units. He and prepared many technical documents and technicaldocuments has worked with GIS soliware such as AmPad. AreGIS, and AmView. and developed sections in support Impact methods for using these products to accurately and efficiently record archaeological Reports/Statements and Initial Studies/Environmental Assessments. sites. % PCR SERVICES CORPORATI&S Margarita J. Wuellner, MD., DIRECTOR OF HISTORIC RESOURCES Education Dr. Wuellner has a substantial academic background in the study of European and • Ph.D., Art History, University of American art and architecture and is a specialist in visual culture, Modernism, California, Los Angeles (UCLA), urbanism, and cultural landscape. She is a recipient of the Samuel I-1. Kress 2005 Foundation Fellowship in Art History; American Council of Learned Societies • M.A., Architectural History, and Fellowship in East European Studies; Edward A. Dickson Graduate Fellowship in Certificate of Historic Preservation Art History, UCLA; and the Thomas Jefferson, Dupont and Governor's State University of Virginia (UVA), Graduate Fellowships in Architectural History, School of Architecture, UVA. Charlottesville, Virginia, 1991 Experience • B.A., Art History, Oberlin College, Over the past five years as Director of PCR's Historic Resources Division, Dr. Oberlin, Ohio, 1983 Wuellner has strengthened and expanded PCR's historic preservation practice. Professional Affiliations PCR has conducted hundreds of historic resources investigations for a wide • Santa Monica Conservancy variety of projects, assisting clients with due diligence, planning, design and • Los Angeles Conservancy project approval as well as conservation treatment. PCR currently serves as the rehabilitation projects by providing technical consultation services, agency City of Santa Monica's historic preservation consultant, and is an on-call • California Preservation Foundation preservation consultant for the Los Angeles Redevelopment Agency, the County • Society of Architectural Historians, of San Bernardino Department of Public Works, and the Los Angeles Unified Life Member School District. • National Trust for Historic Redevelopment, urban design and master planning projects are of primary Preservation interest to Dr. Wuellner. Author of hundreds of technical reports for • American Institute of Architects incorporation into CEQA/NEPA environmental review documents (AIA), National Allied Member (EIRs/EAs/EISs) she is highly experienced in addressing and reducing impacts to • American Architectural Foundation historic resources in support of project goals. With a broad national resume as Summary well as over 15 years of experience in California, Dr. Wuellner has extensive Margarita J. Wuellner, Ph.D., has experience in the evaluation, management and treatment of historic properties for extensive educational background, compliance with Sections 106 and I10 of the National Historic Preservation Act professional training and substantial (NHPA), National Environmental Protection Act (NEPA), Section 4(f) of the professional experience in the evaluation Department of Transportation Act, the California Environmental Quality Act and conservation of art, archaeology and (CEQA), and local codes and ordinances. Highly experienced in the assessment architecture, and her qualifications and of projects for conformance with the Secretary of the Interior's Standards, she experience meet and exceed the frequently assists both government and private clients with redevelopment and Secretary of the Interior's Professional rehabilitation projects by providing technical consultation services, agency Qualification Standards in History, coordination and legally defensible documentation. Archaeology, and Architectural History. Dr. Wuellner has managed and conducted hundreds of projects in Southern Dr. Wuellner has over 22 years of California for public agencies and private clients. She completed three historic professional experience in the practice resources surveys for the Community Redevelopment Agency of the City of Los of historic preservation and cultural Angeles (CRA/LA) for the Wilshire Center/Koreatown Recovery Redevelopment resources management in California Project Area (2009), Adelante Eastside (2008), and the Normandie 5 and the United States. She has over 17 Redevelopment Project Area (2010); the survey results have been incorporated years of experience as a principal into Sarvey6A. Experience with educational resources includes a district -wide investigator, project manager, and survey for the Santa Monica Unified School District (SMMUSD); and as part of technical lead for international, the larger USC Master Plan Project she prepared a historic resources analysis for national and regional firms: including the USC Student Union Project IS/MND; and a NABS report for the Modern PCR Services Corporation, Inc., Constructivist Schoenburg Institute. Preservation consultation for (2006 -present); EDAW. Inc. rehabilitation/adaptive reuse projects includes the San Bernardino Santa Fe (AECOM) (2004-2006); and Parsons Depot, the Santa Monica City Hall, and the Dunbar Hotel which are listed in the I*nginecring Science. Inc. (Parsons) National Register. Notable conservation projects include the Survey of Fine and (1995-2004). Her early experience in Decorative Arts aboard the Rltts Queen Mary (2008), and the recently completed historic preservation was with John Conservation Management Plan for the RMS Queen Mary (2010) for the City of Milner Associates- Inc., Alexandria, Long Beach. Important regional cultural landscape projects include the Palisades Virginia. (1991-1995); and Land and Park Landmark Nomination for the. City of Santa Monica, and the historic Community Associates in resources documentation and analysis for the Huntington Education and Visitor Charlottesville, Virginia, (1989-1992). Center Project, .San Marino, California. KIM PCR SERVICES CORPORAT0I1. Merkel & Associates, .Inc. LAWRENCE O. HONMA PROFESSIONAL HISTORY Senior Marine Scientist, Merkel and Associates, Inc. 2004 - present. Mr. Honma's duties include project management, study design, data analysis and interpretation, report preparation, and technical and field assistance. Member of M&A's Diving Control Board, overseeing diving operations within the company. Senior Marine Scientist, AMSC Earth & Environmental, San Diego, California. 1994 - 2004. Mr. Honma's duties included project management, project implementation, design, and coordination, data analysis and interpretation, and reporting. He served as the AMEC's Diving Supervisor, overseeing all diving operations within the company, and was also responsible for maintaining AMEC's research vessel. EXPERIENCE Mr. Honma is a Senior Project Manager and Scientist, specializing in coastal marine habitats. He has over 20 years of experience that has varied from sediment quality assessments of bays and harbors to ecological investigations of intertidal and nearshore subtidal areas of California, Hawaii, the Marshall Islands, Micronesia, Mexico, and Alaska. He has served as project manager or senior scientist for programs such as the San Diego Regional Beach Sand Project, the U.S. Navy CVN nearshore monitoring program, and Southern California Edison's NDPES kelp forest and fish community monitoring program. Pie has worked extensively on Navy marine -related projects, including efforts at Pearl Harbor, Hawaii, Midway Island, Johnston Atoll, and Guam under aNavy CLEAN contract, as well as, projects conducted through Merkel & Associates, Inc. IDIQ contract to Survey, Map, Transplant, and Monitor Marine Habitats in Alaska, California, Hawaii, Oregon, and Washington. For sediment quality assessments, Mr. Houma has served as Project Manager, Task Manager, and Field Supervisor for sediment collections performed in conjunction with ACOE Sections 10, 103, and 404 permitting and RWQCB cleanup and abatement orders. A portion of his responsibilities included designing, coordinating, and implementing sediment quality studies. He has prepared numerous sampling and testing plans to gain Army Corps of Engineers and Environmental Protection Agency approval on sediment testing programs, and was also responsible for data analysis, report preparation, and acting as a liaison between the client and resource agencies during the dredged material disposal permit process. He has also been involved in numerous site investigation/remedial investigation programs. In particular, Mr. Honma was Field Manager for a six month long screening ecological risk assessment study at Pearl Harbor, Hawaii. This project included collection of marine sediment, tissue, and seawater samples. Sediment samples were collected, using a modified Van Veen grab at over 220 sample locations for chemical, particle size, and toxicity analyses. Tissue samples included benthic inlauna, epifauna, and fishes, which were also collected for chemical analyses. Mr. Honma was responsible for all aspects of sample collection, including Health and Safety Procedures as outlined under CERCLA. 015 Merkel & Associates, Inc. Lawrence O. Honma Mr. Honma has been involved in ecological studies identifying the impacts of dredging and construction activities to resident biota including fish, invertebrate, and eelgrass populations of ports and harbors, and in determining potential impacts of beach nourishment projects to nearshore fisheries, kelp, and seagrass populations. He has managed and conducted numerous studies on fish and epibenthic communities, investigating temporal changes in these communities as they relate to El Nino episodes and thermal discharge; characterized the fauna and flora associated with natural and artificial reefs in the Southern California Bight, examining the physical and biological factors that affect the development of giant kelp, Macroeystis pyrifera communities, and reef designs suitable for the establishment of a giant kelp community. He has also utilized a variety of remote sensing applications to conduct habitat mapping in support of various projects, such as outfall feasibility studies atNaval Facilities at San Clemente and San Nicolas Islands. Mr. Honma is currently developing a GIS -based modeling approach to assess impacts from proposed beach nourishment operations on sensitive nearshore resources, including high- and low - relief surfgrass and algal vegetated reefs. Using a mix of multi -beam bathymetry, sidescan, multi - spectral aerial photography, and LIDAR, Mr. Honma is creating 4D modeled sediment depositional isopacts to estimate impacts to these resources and changes over time. Data are being analyzed to account for natural variation in annual sediment transport by incorporating empirical coastal profile data into the methodology. Mr. Honma has prepared numerous Water Quality, Marine Resource, and Fish sections to comply with CEQA or NEPA requirements, as well as technical reports. In addition, he has prepared numerous Essential Fish Habitat Assessments (EFHA) in accordance with the Magnuson -Stevens Fishery Management and Conservation Act, several of which have required consultation with National Marine Fisheries Service. Several examples of large-scale EFHAs prepared by Mr. Honma include those to support EIS/OEISs for the Marianas Range Complex, Hawaii Range Complex, Gulf of Alaska Training Area, and Silver Strand Training Complex. He is well versed in experimental design and uses his knowledge of statistics to design and analyze data from environmental investigations. He has worked extensively using SCUBA, identifying and enumerating fishes, invertebrates, and algae. He is also experienced in the use of a wide range of other sampling equipment, including single- and multi -beam sonar, side -scan sonar, multi -spectral photography, ottertrawls, traps, beach seines, box cores, van Veen grabs, water quality sampling equipment, and navigational equipment. Additionally, he is an OSHA - trained health and safety supervisor and familiar with chain -of -custody requirements and procedures associated with collection of potentially hazardous sediments. EDUCATION MS, Marine Sciences, San Francisco State University, Moss Landing Marine Laboratories BS, Wildlife and Fisheries Biology, University of California, Davis MEMBERSHIPS AND PROFESSIONAL QUALIFICATIONS American Red Cross: Standard First Aid and CPR NAUI Divemaster and Rescue Certified SCUBA Diver Divers Alert Network Western Dredging Association Western Society of Naturalists Southern California Academy of Sciences OSHA Hazardous Waste Operations and Emergency Response Training (§ 1910.120) - initial Training: September 16, 1994 OSHA Hazardous Waste Worker Supervisor Training Department of Transportation HM 126F Training W Eddie Font Owner at VisionScape Imagery - A Visualization Firm eddie.font@visionscapeimagery.cam Sumrnary Eddie provides overall strategic responsibility for VisionScape, a Visualization Firm that creates extraordinary imagery and interactive sales office solutions for the building industry and abroad. Specializing in the production of highly accurate and incredibly photorealistic still image renderings, visual simulations, animations, and interactive presentations, the company's expertise lies in providing the visual tools needed throughout all stages of development, from planning, municipality work and entitlement to marketing and sales. Eddie's passion for the Building Industry began when his father joined Pardee Homes in 1972, an Award Winning Builder of New Homes in California and Nevada. At an early age, Eddie found his strengths in Art, Architecture, Business Marketing and Technology. While working with his father, Eddie attended the University of Southern California and received his Bachelor of Architecture degree in 1992. He joined his brother Joe, and Co -Found VisionScape Imagery, Inc. A proud member of various building industry affiliations including the American Planning Association's California Chapter and the Building Industry Association. S; eClt�ll+i FS Competitive analysis, financing, business, illustration, animation, storyboarding, photoshop Board of Directors at Sales and Marketing Council SoCal November 2009 - Present 1 year 3 months) Elected Board of Directors for the Sales & Marketing Council of Southern California. The non-profit organization seeks to provide networking and educational events for sales and marketing professionals in the SOLIthivern California market- Assist in the planning and preparation of programs and events, ins"t to ma, keiln, activities to Increase membership and improve awareness, serve as a liaison for Current members, and work to rec,.gnize achievements of individuals within the 8 recommendations available upon request Owner at VisionScape Imagery, Inc. May 2002 - Present r: " ris 't A Visualization. Company 3D k4odel Simulation rendering Animation 07L Page 1 6 recommendations available upon request Co Founder at Font Design Visualization Inc May 1992 - April 2002 f1 years) Architectural Visualization 3D Model Simulation Rendering Animation 1 recommendation available upon request Architectural Coordinator at Pardee Homes May 1987 - April 1991 (4 years, Marketing and Architecture 1 recommendation available upon request Educa:ion University of Southern California BArch, Architecture, 1987 - 1992 EI Camino College Associate in Arts, Architecture, 1985 - 1987 Honors and A,.ry r -ds MAME Award for "Best Interactive Point of Sales Experience" Sales & Marketing Council of Southern California, 2008 business development, organizational development, strategic planning, digital photography, professional networking, architectural history, travel, snowboarding, playing softball, poker, family time 02 Page 2 Eddie Font Owner at VisionScape Imagery - A Visualization Firm eddie.fontrCjvi sion.scap•eimagery. com M �i ;`4' 16 people have recommended Eddie "The team at VisionScape is top notch in every respect. They do fabulous work, and bring genuine caring as well as true professionalism to every client's challenge; responding with affordable, accurate and amazingly realistic award -caliber v...isualization tools that clients will find invaluable when moving a project forward while in development and to maximize the marketing effectiveness of that project when engaging consumers. Keep up the great work guys!" — tom Weston, was Eddie's client "Eddie is a dedicated member and contributor to the Homebuilding Industry. He understands that giving back is a critical component to the overall success of the industry, and is committed to doing what it takes to make it work. Having hirn on the board in SoCal is a big win not only for their council, but for the industry as a whole." — Dave Elder, Business Development - Homebuilder Division, Pacific Financial, was with another company when working with Eddie at Sales and Marketing Council SoCal "Eddie and the entire Vision Scape team were a pleasure to work with. Very innovative in what we vvanted to accomplish in file sales office interactive display, helpful in training the sales agents how to use the program and timely in producing the display for us. Lora Heramb VP of Sales & Marketing Brookfield Homes, San Diego/Riverside Division" — Lora Heramb, was Eddie's client "I had the peas:.re of working with Eddie for 2 1/2 years at VisionScape Imagery. He's extremely dedicatee to his company and the worst they produce. He works hard to create a fun, relaxed environment for his employees, goes above and beyond to deliver top quality work to his clients, and stays actively involved in the industry. His positive attitude and optimistic outlook made working at VSI a very rev,rarding experience," — Matthew Terrill, Modeling/Animation Supervisor, VisionScape Imagery, worked indirectly for Eddie at VisionScape Imagery, Inc. "A. few y ears ;pack when the Los Angeles Division of Standard Pacific Homes was locking for a new c�nsuliani to deliver superior digital 'building imager; bots on time and on budget, we turned to 09 Page 3 VisionScape. We were immediately impressed with their hands-on approach and strong customer service. Plans for using VisionScape on one urban condo building quickly turned into plans to give all our digital imagery work to VisionScape. In urban development, strong renderings are an essential part of the marketing and we received fantastic images for Lake@Walnut in Pasadena and The Foundry in Torrance- two of the fastest selling urban communities in LA County, as well as The Dorian at Playa Vista. In addition to their top notch work, Eddie and Joe Font are also tireless supporters of the SMC and BIA. I recently had the privilege of judging the NorCal MAME Awards and Eddie Font was a fellow judge. His passion for art, architecture and the homebuilding industry is immense." —Alison Banks, was Eddie's client "The Font Brothers and the VisionScape team are pleasant to work with. They are loyal, dependable, professional, talented and committed to the homebuilding industry and their clients. They craft some of the most extraordinary imagery you have ever seen. Their custom interactive sales office tools and presentations engage buyers and create a truly memorable homebuying experience." — Tracey Long, Director of Marketing, D.R. Horton, was with another company when working with Eddie at Sales and Marketing Council of Southern California "We hired Eddie and his team at VisionScape to work; on an infill community in Old Town Monrovia named Colorado Commons. VisionScape delivered a complete interactive visual experience for our clients, allowing homebuyers to visualize their home prior to construction. The interactive presentation included VisionScape's photo -realistic renditions of the buildings, interactive site plan and floor plans in 3D and fully furnished interior virtual tours of the proposed residences. They did a terrificjcb. They were on-time and on -budget. My association with Eddie has continued through the years: now having the pleasure of working side by side with him on the Board of SMC SoCal. His contribution has always been one of calm and creative thinking with great results. Working with Eddie in ANY capacity promises to be a fun and exceptional experience." — Janis Randazzo, was Eddie's client "In the many years I have been in the homebuildirg industry. VisionScape has crafted some of the nre,osi exceptional imagery I have ever seen. The VisionScape team is truly pleasant, dependable, and talented. Ycur photo -realistic renderings of new homes allow our buyers with little or no architectural experience to truly envision hov/ their tome will appear once completed. Without fail, your firm has delivered visualization products of topii-i- quality and v: ith an unsurpassed turnaround time. 1 look forward to continue Working viith VisionScai-e in the future." — Matt Sauls, was Eddie's client 'Eddie is a positive, passionate and dedicated rner7!L:er cf our industry. His talented group has been 70 Page 4 awarded significant recognition for their work and we expect great things from them in the years to come. Nancy Hall" — Nancy Hall, V.P. Business Development, Pacific Dimensions, Inc., was with another company when working with Eddie at Sales and Marketing Council of Southern California "I have served on the Board of Directors for the Sales and Marketing Council of Southern California with Eddie. In addition to that, we have clients in common, so I have seen the Font brothers award-winning work first-hand. What I know of Eddie is this: He is passionate about the building industry, which has been a part of his entire life due to his father's career in the industry; He has a great personality, he's so easy-going and friendly, and working with him and his team at VisionScape is an amazingly pleasant and rewarding experience; His passion for and commitment to the industry makes him extremely loyal, which is a quality we all look for in our team members. The work produced by Eddie and his team at VisionScape is truly innovative and forward -thinking. In today's marketing world, VisionScape is right there offering a product that consumers have come to expect when looking for a new home. Their interactive sales presentations offer consumers an experience that is truly engaging. These tools also enhance presentations made every day by our sales managers and representatives. I highly recommend Eddie and the whole VisionScape team both for who they are AND what they do." — Kelly Borgen, Executive Vice President, Roxburgh, was with another company when working with Eddie at Sales and Marketing Council of Southern California " _ddie's a hard-working and talented member of his family -run company, VisionScape, as well as a great guy. VisionScape deserves consideration for their architectural imagery as well as their innovative interactive sales tools for hon'iebui!ders. A solid member of the industry." — Michael Hixson, Exec VP & Partner, CADO Real Estate Group, Inc., was with another company when working with Eddie at Sales and Marketing Council of Southern California "I have known Eddie for years. He is one of the select people in the new home sales and marketing industry that goes beyond their job, con-ipany and eliants. l am a recent fast President of the Inland Err,pire Sales and Marketing Council, Tha challenge of running a volunteer industry organization is to find and work. with the industry people i; the Sol,Ohern Ca !it'ornia v'.'ho give back. The new home sales and markn-ting ir:dusmy tnat has given :.o many peop?e careers, income and opportunities. Few of these fortunate people can Curr. amur:d anti rive _ack and do something to better the entire industry. Edr'le and his broths, Joe Fant have made the !',me and made the effort to be involved in the r :;ional Bui:der Industry Association of Southern C<:';',wnia and the various projects of the &,:uther:n C2'.: omia region's Sales EW.d s;:efing Count!"s. Eddie is that rare breed of people that derive pleasure in giv?ng aerv:;e to cti =r peep?e. Because: of that. he makes the world around him, a batter place. If ;lou get r,ioh✓ed vitt. Eddir: an! people !!l<e hinh, you v.!iil challenged to step outside yourself and ret involved for the ,: air gccd of the business climate of California." — Ed du Pont, Sales Manager in Construction Lending, First Mutual Mortgage, worked with Eddie 7L1 Page 5 at Sales and Marketing Council of Southern California "I knew Eddie's father first and was always impressed with his work ethic and ability. I had the privilege of getting to know Eddie while he worked in the Marketing Department at Pardee in 1990. Eddie's passion for design, computers and hard work placed him on the cutting edge within the company. I understand that he continues to have a strong relationship with the family of homebuilders, even today. I knew Eddie to have always had an extraordinary ability to communicate effectively with all types of people. I'm glad to see that his brother Joe is also working along side with him as co-founders of their own company. This is one great family, with a history of loyalty, dedication and hard work!" — Lee Jay Berman, Land Acquisition, Pardee Homes, worked with Eddie at Pardee Homes "Eddie is a unique find in this industry. Working with Eddie on the sales and marketing side at VisionScape, I saw firsthand his deep conviction in keeping honesty, goodwill and fairness at the root of all of his relationships. Clients, employees and vendors alike are extremely loyal to Eddie because Eddie will always deliver on his promises and can always be counted on to do the right thing. He doesn't take shortcuts or try to cut corners and will go out of his way not only for his staff, but for ANY client, regardless of size. Eddie puts a great amount of effort into hiring only the best engineers, artists and programmers in the industry to foster a spirit of innovation and passion from within, ensuring clients receive unparalleled service and only the most impressive quality work. With over 20 years in the industry, a client roster filled with Industry giants, and a talented; enthusiastic staff behind him, Eddie has the credibility, passion, and experience to be a true revolutionary in the industry." — Brianna Limebrook, Marketing Manager, VisionScape Imagery, reported to Eddie at VisionScape Imagery "Eddie is an experienced and well-respected industry leader, with an exceptional team of professionals. His company has worked with our team, listened to our company's vision, and has effectively developed 3D animaticns as a valuable and effective communications tool for our master planned development. Eddie's leadership, attenticn to detail, and understanding of bringing the project in, on-time and under budget makes him a reliable asset to any organization." — Dottie Paek, MIRM, CMP, was Eddie's client "Eddls and his team are the bast zit ._)rep_aing accurate visual simulations of proposed development projects. Eddie takes special care to er.s_!2 accuracy and works with architects: engineers and piann rs to create simulations tna.t can h,e relied upon as an accurate portrayal of how a project will loop: before it Is built." — H. Pike Oliver, was Eddie's client 72 Page 6 PCR IRVINE One Venture Suite 150 Irvine, California 92618 ret. 949.753.7001 FAx 949.753.7002 PCR PASADENA 80 South lake Avenue Suite 570 Pasadena, California 91101 reg 626.204.6170 FAx 626.204.6171 PCR SANTA MONICA 233 Wilshire Boulevard Suite 130 Santa Monica, California 90401 reg 310.451.4488 F..kx 310.451.5279 tv%vvTCRnet.com PCP�info@perner.com 773 �..y' City Council Attachment B Project Site Exhibit 715 70 — Lot Une- Adjustment Areas '•Sewer J . Fdrkin(j d Menne+ Fq:npmenl Storage -j,. > .- - N PARCEL2 �We Home Park •0000 f j Storage Garages & Ma lnai Bayside Village Guest Parkin, P. EL Legend i Lot lane Adjustment Area Back Bay Landing Mixed Us: Pioject Area - BACK BAY --- LANDING ---- ProjeaArea (Parce)3) MIXED USE► ` `" — o m Parcel t & 2 Boundary Line PROJECT+AREA( ........ PC -9 Boundary ABACK BAY LANDING NEWPORT BEACH, CALIFORNIA