HomeMy WebLinkAbout11 - PSA for Updates to the General Plan Housing, Land Use and Circulation ElementsSEW PpRr
CITY OF
z NEWPORT BEACH
City Council Staff Report
April 14, 2020
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Senior Planner
bzdeba@newportbeachca.gov
PHONE: 949-644-3253
TITLE: Professional Services Agreement with Kimley-Horn and Associates,
Inc. for Updates to the General Plan Housing, Land Use and
Circulation Elements
ABSTRACT:
At the January 14, 2020 Newport Beach City Council meeting, staff presented a multi -
pronged Housing Action Plan. This plan included objectives to help further the City's goal
to firmly challenge the high Regional Housing Needs Assessment (RHNA) allocation
while trying to comply with State Housing Element law. One primary concern was the
required adoption of an updated Housing Element by October 15, 2021. In order to strive
for compliance, the City Council directed staff to redirect the current General Plan update
efforts on a focused update of the Housing, Land Use, and Circulation Elements. For City
Council's consideration is a professional services agreement with Kimley-Horn and
Associates, Inc. (Kimley-Horn) to help prepare updates to the Housing, Land Use and
Circulation Elements. The estimated cost for the update is $1,217,461.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because this action will not result
in a physical change to the environment, directly or indirectly; and
b) Approve and authorize the City Manager and City Clerk to execute a Professional
Services Agreement with Kimley-Horn and Associates, Inc. to prepare the necessary
updates to the General Plan Housing, Land Use, and Circulation Elements in an
amount not to exceed $1,217,461, in a form substantially similar to the agreement
attached to the staff report and subject to the review and approval of the City
Attorney's Office.
Professional Services Agreement with Kimley-Horn and Associates, Inc. for Updates to
the General Plan Housing, Land Use and Circulation Elements
April 14, 2020
Page 2
FUNDING REQUIREMENTS:
The City was awarded $310,000 in Senate Bill SB2 Planning Grant Program funds from
the California Department of Housing and Community Development (HCD) to help
reimburse a portion of the costs related to updating the land management system. This
reimbursement freed up $310,000, which was reallocated to the General Plan Update
(Account No. 01201928-980000-20M11) through Budget Amendment No. 20-014 and
resulted in an overall budget of $1,810,000 for this project ($1.5M from Capital
Improvement Program funds + $310k from SB2 funds). The City currently has a contract
with Kearns & West, a public outreach and engagement firm, in the amount of $452,000.
The remaining unencumbered amount is $1,358,000, which covers the total contract
amount of $1,217,461.
The current Fiscal Year 2019-20 CIP Budget includes enough funding for this agreement
as part of the General Plan Update project. All expenditures will be expensed to the
General Fund Account No. 0120-1928.
DISCUSSION:
Background
In January 2019, the City Council directed the initiation of a comprehensive update to the
General Plan with formation of the General Plan Update Steering Committee (Steering
Committee). Based on the Steering Committee's recommendation, the City contracted
with Kearns & West (K&W) to prepare and facilitate a robust public outreach program.
This program was intended to provide feedback on the community's values and desires,
which would be used in an eventual comprehensive update of the General Plan. The
effort was branded as "Newport, Together," and included the establishment of an
interactive and online engagement platform.
As the outreach program was concluding the first phase, the Southern California
Association of Governments (SCAG) was finalizing the methodology for the RHNA
allocation, which resulted in a substantially higher number of units than initially anticipated
for most cities in Orange County, with the City of Newport Beach having to plan for
4,832 new housing units of varying income levels. With the State Department of Housing
and Community Development (HCD) established deadline of October 15, 2021, for
Housing Element adoption, and the substantial housing allocation, the Steering
Committee acknowledged the urgency to begin updating the Housing Element for the
upcoming eight-year planning cycle as soon as possible. Realizing many SCAG region
jurisdictions were falling into the same situation, City staff quickly worked with the Steering
Committee to release a Request for Proposals (RFP) on December 20, 2019. The RFP
solicited qualified professionals to propose on assisting with an update to the General
Plan Housing, Land Use, and Circulation Elements.
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Professional Services Agreement with Kimley-Horn and Associates, Inc. for Updates to
the General Plan Housing, Land Use and Circulation Elements
April 14, 2020
Page 3
On January 14, 2020, City staff presented the Housing Action Plan to Council for
discussion. This plan took an aggressive approach to addressing the RHNA allocation
and included the formation of the Housing Element Update Advisory Committee
(HEUAC). The overarching goal of the plan was discussed as firmly challenging the high
RHNA allocation while working to comply with State Housing Element law, including the
October 15, 2021 deadline. Per City Council's direction, staff continued to shift resources
from the General Plan update to a focused update of the Housing, Land Use, and
Circulation Elements.
Procurement Process
The RFP was posted on the City's public procurement system (PlanetBids.com) on
December 20, 2019 and distributed directly to a list of planning firms. The response
deadline was set as January 21, 2020. No responses were received by that deadline.
With some investigation, staff was faced with the fact that many qualified firms were
simply too busy or did not have the bandwidth to support the City. Others indicated more
time was necessary to prepare a quality response. As such, an addendum was released
on January 23, 2020, to extend the deadline to February 20, 2020, and to allow partial
submittals from firms who may be qualified to respond to one or multiple portions of the
RFP, but not the entire RFP.
The City received two proposals: one proposal responding to the entire scope of work
from Kimley-Horn and one proposal from LSA Associates, Inc. (LSA) responding only to
updating the Circulation Element.
Given there was only one proposal submitted that was completely responsive to the RFP
and one proposal for updating only the Circulation Element, staff did not conduct a
complete technical analysis. Instead, Planning Division staff worked closely with the City
Traffic Engineer to compare the Circulation Element work outlined by the two firms. The
work plan for updating the Circulation Element from LSA was far more comprehensive
than that of Kimley-Horn. After discussion with both proposers, Kimley-Horn decided to
work together with LSA becoming a subconsultant to prepare updates to the Circulation
Element. The scope of work from Kimley-Horn referenced by the draft Professional
Services Agreement reflects this relationship. The estimated cost for Kimley-Horn is
$706,049 and the estimated cost for LSA is $195,050.
Additionally, the City Traffic Engineer requested to add Urban Crossroads as a
subconsultant to Kimley-Horn to conduct the technical transportation analyses, including
a comprehensive traffic study, utilizing the traffic model to develop future traffic
projections, and estimation of vehicle miles traveled (VMT), as required by State law.
Urban Crossroads has more technical experience in preparing future traffic demand
forecasting using the Newport Beach Transportation Model (NBTM), which they
developed. Urban Crossroads also completed the traffic analysis work for the 2006
General Plan and the 2014 Land Use Element Amendment. The production of traffic
model output, post -processing and the traffic study calculations involved for VMT and the
Level -of -Service (LOS) analysis for 66 intersections is extensive and time-consuming.
The cost for Urban Crossroads is $249,300.
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Professional Services Agreement with Kimley-Horn and Associates, Inc. for Updates to
the General Plan Housing, Land Use and Circulation Elements
April 14, 2020
Page 4
The work of Urban Crossroads will both supplement and complement the work of Kimley-
Horn and LSA. It should be noted that LSA and Urban Crossroads perform unique and
different traffic functions based on their experience and specialties. Urban Crossroads
will utilize the City's traffic models that they developed and create the necessary trip data.
LSA has extensive experience in long-range transportation plan development,
preparation of sustainable communities' plans, and General Plan and Master Plan
developments. LSA will utilize the Urban Crossroads information in developing a long-
range transportation plan that will be necessary for preparing an update of the Circulation
Element's Goals and Policies.
Lastly, Kimley-Horn has included Keyser Marston Associates as a subconsultant to assist
in the preparation of preparing a market assessment and fiscal impact analyses using the
City's current fiscal model. The cost for Keyser Marston is $67,062.
Kimlev-Horn Work Plan
The work plan put forward by Kimley-Horn is robust and aggressively strives to meet the
October 15, 2021 deadline for adoption of an updated Housing Element, but it will be very
challenging. Please note the City has not received any information on an extension of
the deadline due to the COVID-19 outbreak. The plan is generally divided into 10 tasks,
which are listed and briefly described in Table 1 below.
Table 1, Outline of Work Plan Tasks for Compliance
#
Task Title
Description
1
Project
Focuses on creating community engagement framework and
Preparation,
HEUAC meetings
Outreach, Project
Management
2
Housing Element
Focuses on reviewing current Housing Element and assessing
Assessment
required updates; community outreach and engagement, as well as
HEUAC meetings and a Council study session; preparation of a draft
Housing Element for public review and submittal to HCD for
feedback; response to comments from HCD and preparation of final
draft Housing Element
3
Safety Element
Focuses on updating the Safety Element to address the
Amendments
requirements of newly adopted statutes
4
Land Use Element
Focuses on a refined update of the Land Use Element to match the
Amendments
Housing Element and accommodate required RHNA growth
5
Circulation
Focuses on a comprehensive review of the Circulation Element with
Element
required updates, such as complete streets or vehicle miles traveled
Amendments
(VMT) thresholds; also includes updates necessary to support the
updated Housing Element
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Professional Services Agreement with Kimley-Horn and Associates, Inc. for Updates to
the General Plan Housing, Land Use and Circulation Elements
April 14, 2020
Page 5
#
Task Title
Description
6
Transportation
Focuses on existing transit services and General Plan Buildout
Technical Analysis
(2040) traffic projections, as well as roadway and intersection
analyses and an overview of active transportation modes and VMT
7
Environmental
Focuses on including policies related to environmental justice in the
Justice Policies
updated General Plan Elements in compliance with Senate Bill SB
1000
8
Market and Fiscal
Focuses on conducting accurate market assessment and fiscal
Analysis
analysis related to any updates that are required in the other scoped
elements
9
Public Hearings
Focuses on the required public hearings necessary to facilitate
and Adoption
adoption of the updated elements
10
Environmental
Focuses on ensuring all updates are compliant with the California
Compliance
Environmental Quality Act (CEQA), including preparation of an
Environmental Impact Report (EIR)
Project Cost
The estimated project cost for this update is $1,217,461.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly.
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).
ATTACHMENT:
Attachment A — Professional Services Agreement with Kimley-Horn and Associates, Inc.
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Attachment A
Professional Services Agreement with
Kimley-Horn and Associates, Inc.
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PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
HOUSING, LAND USE AND CIRCULATION ELEMENTS TO THE GENERAL
PLAN CONSULTING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 14th day of April, 2020 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation ("Consultant"),
whose address is 765 The City Drive, Suite 200, Orange, California 92868, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide consulting services for updating the
Housing, Land Use and Circulation Elements to the City of Newport Beach General
Plan ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred
Seventeen Thousand Four Hundred Sixty One Dollars and 001100 ($1,217,461.00),
without prior written authorization from City. No billing rate changes shall be made during
the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
Kimley-Horn and Associates, Inc. Page 2
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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 Barquist to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Senior Planner or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
Kimley-Horn and Associates, Inc. Page 3
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competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
Kimley-Horn and Associates, Inc. Page 4
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
Kimley-Horn and Associates, Inc. Page 5
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will he 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.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
Kimley-Horn and Associates, Inc. Page 6
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
Kimley-Horn and Associates, Inc. Page 7
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1 ) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. 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.
► ED] 0[1]�'1
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at-
Attn: Senior Planner
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: David Barquist
Kimley-Horn and Associates, Inc.
765 The City Drive, Suite 200
Orange, CA 92868
Kimley-Horn and Associates, Inc. Page 8
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 of seq.).
27. TERMINATION
27A In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
Kimley-Hom and Associates, Inc, Page 9
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of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Egual Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Kimley-Horn and Associates, Inc. Page 10
11-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT:
Associates, Inc., a
Date:
Bv:
Chad E. Phillips
Vice President
Date:
By:
Darren J. Adrian
Senior Associate
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Kimley-Horn and Associates, Inc.
Kimley-Horn and
California corporation
Page 11
11-17
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2 6'Z G
By: C,
Aaron C. Harp
City Attorney
ATTEST:
Date:
In
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT:
Associates, Inc., a
Date:
By:
Chad E. Phillips
Vice President
Date:
By:
Darren J. Adrian
Senior Associate
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Kimley-Horn and
California corporation
Kimley-Horn and Associates, Inc. Page 11
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EXHIBIT A
SCOPE OF SERVICES
Kimley-Horn and Associates, Inc. Page A-1 11-18
Work Plan
This Work Plan provides the necessary components to achieve the general objectives stated in the City's RFP. Kimley-Horn understands the
broad nature of the Scope of Work and has provided liberal estimates of time and staffing resources. Dur team assumes and encourages
further discussion of our scope of work and assumptions prior to executing any contract.
Task 1. Project Preparation, Community Outreach, and Project Management
Task 1 provides the necessary start up tasks to contribute to a successful planning process. This will include meetings to ensure the Newport,
Together outreach program is effectively incorporated into the planning process. During Task 1, an overall project schedule wiII be finalized.
Task 1.1 Kick -Off Meeting
The Kimley-Horn team will participate in a Kick -Off Meeting with City staff to discuss the overall purpose and intent of the project, discuss
project expectations, deliverables, schedule, and data needs. It is anticipated up to four Kimley-Horn staff members and Keyser Marston (KMA)
representatives will attend.
Deliverables:
• Up to 3 meetings with project team related to outreach
■ Annotated outlined of outreach activities, events, and agenda topics
Task 1.2 Project Due Diligence/Community Engagement Framework
Kimley-Hom understands the City has developed the Newport, Together outreach framework that provides the core outreach for the
development of the General Plan Update. It is anticipated that Kimley-Horn will coordinate the required outreach activities to comply with
statutory requirements to make "diligent efforts" to collaborate with the public and stakeholders in the planning process. As part of the
outreach requirements of the Housing Element, outreach activities should be conducted with the public and stakeholders and provide
opportunities to discuss housing related issues and fair housing issues, as required by statute.
Kimley -Horn understands the City is just beginning Phase 2 of the engagement process, which includes an evaluation of the existing General
Plan and share information on the RHNA process and allocation. Because the integration of these two processes will be very important to
preserve the integrity of the outreach program, collaboration between Kearns and West (K&W) and Kimley -Ham is necessary.
Task 1.2a: Newport Together Team Collaboration Meetings
Kimley-Ham anticipates up to three meetings with the K&W team to accomplish the following task:
■ Housing Element outreach requirements
• Methods and strategies to incorporate outreach in existing online platform
• Effective methods to gather necessary inputs for the Housing, Land Use, and Circulation Elements and the proper timing of such activities
Kimley-Hom anticipates a series of meetings/workshops to provide the necessary outreach consistent with the Newport, Together program.
These activities are detailed in the subsequent tasks. It is anticipated that Kimley-Horn will be an active participant In the outreach activities in
partnership with K&W and the City.
Deliverables:
• Up to 3 meetings with project team related to outreach
• Annotated outlined of outreach activities, events and agenda topics
Task 1.3 Project Schedule
Adherence to the project schedule will be critical for this component of the General Plan Update, Due to the statutory deadlines imposed
on the Housing Element 6th Cycle, timing of the components of this process is necessary to comply with state law and avoid any punitive
consequences caused by failure to submit locally adopted and certified Housing Element to H C D by October 2 02 1.
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Kimley-Horn will develop a comprehensive project schedule providing the necessary task, deliverables, and key milestones to successfully
complete the project on time. The schedule will integrate the outreach components and necessary updates to the General Plan.
Deliverables:
■ Project Schedule
• Deliverables Schedule, inclusive of completion of Task 2.9 (Final Draft Housing Element) of the "anticipated work schedule" no later than
the statutory due date of October 21, 2021
Task 3.4 Steering CommitteelAdvisory Committee Meetings
Kimley-Hom will participate in meetings with the Steering Committee or other similar committees selected by the City Council to provide
necessary guidance for updates to the Housing Element, Land Use Element, Circulation Element, Safety Element, and any other changes
to the General Plan necessary to comply with state law and/or preferences expressed by the community and/or the City's elected and
appointed officials.
It is assumed the Housing Element Advisory Committee will lead the planning effort and City staff and the consultant team will function as staff for
the Advisory Committee. Therefore, it is anticipated there will he various tasks, reports, presentations, or further study conducted by the consultant
team to satisfy the needs of the Advisory Committee. An allowance of budget is assumed to accommodate various tasks that may be assigned.
Pursuant to the RFP, Kimley-Horn assumes up to two meetings per month through October of 2021. The topics of these meetings will be
generally centered around the following topics:
• RHNA Process and Statutory Requirements of Housing Elements
• Adequate Sites Requirements
■ Selection of Adequate Sites
• Land Use Element Policy Considerations
• Circulation Element Policy Considerations
• Environmental Justice Policy Considerations
• Safety Element Policy Considerations
• Community Outreach Activities
It is generally assumed that site selection and related policy/programmatic considerations will require multiple meetirngs/discussions. It is
further assumed the Steering Committee will focus on direction -setting and focus on individual topics selected by the Steering Committee.
For all Steering Committee Meetings, Kimley -Horn will provide the relevant supporting materials, including background documentation and
presentation materials, as needed.
As described in the RFP, in early 2020, the City will create an Advisory Committee. The Advisory Committee will meet monthly at a regularly
scheduled date and time, as necessary. This will provide another venue for public participation and provide feedback to the overall planning
process. It is understood Advisory Committee meetings will discuss goals and policies and provide Project updates. Kimley-Horn will participate
in all Advisory Committee meetings and will prepare discussion materials and technical memorandums for the scheduled topics that will be
determined during Task 1 of this scope of work. Kimley-Horn will take the lead in presenting the various topical areas listed below,
• RHNA Process and Statutory Requirements of Housing Elements
• Adequate Sites
• Land Use Element Policy Considerations
• Circulation Element Policy Considerations
• Environmental Justice Policy Considerations
• Safety Element Policy Considerations
• Market Analysis
• Fiscal Analysis
• Community Outreach
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Defiverables:
■ Project Meeting Materials (text, tables, maps, PowerPoint presentation)
• Meeting attendance up to two Kimley-Horn staff
Task 2. Housing Element
The development of the Housing Element Update will include the necessary analysis to comply with all recent statutory provisions,
identification and selection of adequate sites, community engagement activities, and the requisite demographic, housing, and econometric
analysis required by state law.
Task ,2.1 Housing Element Assessment
Task 2.1a: Document Review
Fallowing the Kick -Off Meeting, Kimley-Horn will provide City staff with a listing of pertinent data that is necessary to complete the work
program. Kimsey -Horn will only request data that is proprietary to the City and not available publicly. Kimley-Horn will review all applicable City,
regional, and State documents pertaining to the Housing Element update. This may include various policy and regulatory documents and other
assistance programs.
Kimley-Horn will be responsible for identifying and resolving any information gaps. Kimley-Horn anticipates a "turnkey approach" for data
collection to the greatest extent feasible and will only request information that is proprietary to the City to minimize the work effort by City Staff.
Deliverables:
• Document Library List
Task 2,1b. Evaluate the Current Housing Element
As required by State law, Kimley-Horn will review and evaluate the 2014-2021 Housing Element and its programs. In general, the task will
include a review of the appropriateness of the housing goals, objectives, and polices in contributing to the attainment of the stated housing
goal; the effectiveness of the Housing Element in attaining community housing goals and objectives; and the City's progress in implementing
the Housing Element, The report will include the following information:
• Evaluate the status, effectiveness, and appropriateness of the current housing policy programs and identify any barriers to implementation;
• Compare identified goals from the adopted Housing Element to actual accomplishments during the plan period;
• Evaluate the existing Housing Element in relation to current State housing laws and identify any omissions or deficiencies.
Deliverables:
■ Review of Past Performance Matrix
Task 2.1c: Housing Needs, Constraints, Resources, Population, and Horsing Profile
As required by State law, Kimley-Horn will assess housing needs, constraints, and resources available. A population and housing protile will be
conducted that summarizes, population and household characteristics, analysis of special needs populations, and units at risk of converting
to market rate units. Housing constraints will identify non-governmental, governmental, and environmental constraints that may influence
housing. Housing resources such as availability of vacant land, zoning to accommodate RHNA growth needs, and capacities of available sites
will be analyzed. Funding and financing resources available to address housing needs will be identified. Opportunities for energy conservation
will also be explored.
Based on new housing law, the adequate sites analysis will be much more in-depth and detailed compared to prior planning periods. It is
Kimley-Horn's experience that the new law will necessitate more details study of adequate sites to satisfy HCD standards.
City of Newport Beach • I- PPL 77002.2020
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Deliverables:
• Housing Profile Report
■ Adequate Sites Analysis
• GIS Based Inventory of Sites
• Data Tables, Maps, and Relevant Text
Task 2.2 Develop Housing Plan
As required by State law, Kimley-Horn will develop a Housing Plan the constitutes the policy component of the Housing Element, The Housing
Plan will include prior policies from the 2021 -2029 Housing Element that are still appropriate and will be supplemented by new policies
and programs that address new Housing Element Law, The Housing Plan will identify policies and programs to address Conservation and
Improvement, Availability and Production, Affordability, Removal of Constraints, and Equal Housing 0pportunity. Policies and programs will be
supplemented by Quantified Objectives by income category.
Deliverables:
• Housing Policy Plan
• List of Quantified Objectives
Task 2.3 Community Engagement
Task 2.3a: Community Outreach Plan
Kimley-Horn is suggesting an approach to public participation that provides for meaningful input and involvement. Visually engaging,
interactive, and collaborative community and stakeholder workshops will have productive results for the City. Kimley-Horn will conduct
community engagement workshop to solicit public comments on the Housing Element Update prior to initiating work on Housing Element
components. Kimley-Horn will prepare and deliver utilizing a variety of "tools" such as PowerPoint presentations, informational handouts, visual
aids, social media tools, and other materials to help participants understand the update process, issues to resolve (as identified during the
current Housing Element Evaluation), and potential solutions. In collaboration with City staff, Kimley-Horn will identify key stakeholders.
As part of the coordination of Task 1, the project will discuss approaches, key challenges, and various methods for effectively engaging City
residents and decision makers in the planning process. Based upon this internal discussion, the Kimley-Horn team will formulate a Community
Outreach Program that addresses the outreach strategies, dates, locations, participants, and other relevant data.
City staff will be responsible for the scheduling of venues, staff coordination, and provide public noticing, facilities, set-up, and general meeting
facilitation for all community engagement activities.
Deliverables:
• Draft Community Outreach Plan in electronic format
Task 2.3k: Community Workshop ##1 -- Introduction and Policy Considerations
Kimley-Ham will facilitate an initial community workshop with the public and stakeholders to discuss the Housing Element update process.
Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials.
In collaboration with City staff, Kimley-Horn will identify key stakeholders. The meeting will introduce participants to the RHNA process,
Housing Element requirements, legislative requirements and engage in the identification of policy considerations. Participants will identify
challenges, issues, and opportunities for the Housing Element.
Deliverables:
• Electronic copies (in PDF format) of draft presentation, handouts, etc. approximately two weeks prior to workshop. Kimley-Horn will revise
materials as directed by City staff.
City of Heviport Beanh - LPPL77002..POPO
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Task 2.3c. Community Workshop #2
Kimley-Horn will facilitate a community workshop with the public and stakeholders to discuss the Public Review Draft Housing Element.
Workshop 02 will build upon the information learned from Workshop #1 and provide draft analysis, policies, and programs for review and
discussion. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In
collaboration with City staff, Kimley-Horn will identify key stakeholders.
Deliverables:
• Electronic copies (in PDF format) of draft presentation, handouts, etc. at least two weeks prior to workshop. Kimley-Horn will revise
materials as directed by City staff.
Task 2.3d. Study Session with City Council
Kimley-Ham will attend and facilitate one (1) study session/meeting with the City Council. As part of the work plan refinement process,
Kimley-Horn can discuss with City staff the most effective approach for this meeting, including opportunities to ensure the involvement of key
stakeholder groups, non -profits, and other members of the community.
Deliverables;
• Electronic copies tin PDF format) of draft presentation, handouts, etc, at least two weeks prior to study sessions/meetings. Kimley- Horn will
revise materials as directed by City staff.
• Draft language for Staff Reports
Task 2.4 gaff Housing Element
Kimley- Horn will prepare a Screencheck Draft, Public Review Draft, and Final Housing Element. The Draft Housing Element wi11 contain all of
the requisite analysis required by state law and include all analysis conducted during previous tasks including demographic and housing data,
review of past performance, sites analysis, and development of the Housing Policy program.
Task 2.5 Screencheck Draft
Kimley- Horn will prepare and submit a Screencheck Draft Housing Element to the City for review. The Screencheck Draft wilt be a complete
draft and include all required components of a dousing Element as described in prior tasks, and will include all tables, maps, and graphics.
Deliverables:
■ One electronic copy (in native file format and PDF format) of the Screencheck Draft Housing Element for City review and comment
Task 2.6 Public Review Draft
Kimley-Horn will prepare a Public Review Draft Housing Element based on City staff's comments on the Screencheck Draft. City staff will
provide Kimley-Horn with comments on the Screencheck Draft within 14 calendar days for preparation of the Public Review Draft. Kimley-Hom
will resolve any issues and make requested revisions to the Screencheck Draft to the satisfaction of the City.
It is anticipated that the Public Review Draft will be made available for public review on the City's website and hard copies available at
various locations in the City for review. Its is further assumed the Advisory Committee will present the Draft at a regularly scheduled Advisory
Committee meeting.
Deliverables:
■ One electronic copy (in native file format and PDF format)
• 5 camera ready hard copies
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Task 2.7 HCD Submittal
Following all initial community outreach workshops and meetings, Kimley-Horn will prepare summary notes or minutes of the community
workshop, arid a summary of all other comments received during the public review period. Considering input received at the community
workshop and any other input received during the public comment period, Kimsey -Horn, in consultation with City staff, will revise the Public
Review Draft Housing Element as deemed appropriate by the Advisory Committee.
Once the Draft Housing Element is finalized, it will be submitted for an initial 66 -day review to the Department of Housing and Community
Development (HCD) after required meetings and approvals from the Planning Commission and City Council. Kimley-Horn will prepare a
transmittal letter to HCD detailing how the Housing Element meets State law requirements. The Draft Housing Element will be accompanied by
a completed Completeness Review Checklist.
Deliverables:
• 0 n electronic copy (in native file format and PDF format) of the transmittal letter and checklist to HCD
Task 2.8 Responses to Comments
Kimley-Horn will assist City staff with preparing responses to any public or agency comments (Including HCD) on the Public Review Draft
Housing Element. Based on our recent experience, the City should be prepared to receive considerably more comments during this Cycle.
Response to comments may include direct changes to the Housing Element based on HCD comments to comply with statutory requirements
or responses to the party submitting comments.
Task 2.9 Fined Drat Housing Element
Following review by HCD, Kimley-Hom will revise the appropriate sections of the HCD Submittal Draft Housing Element. This Final Draft
Housing Element will be presented at public hearings before City Council.
Deliverables:
• One electronic copy (in native file format and PDF format) of the Final Draft Housing Element
• 5 camera-ready copy of the Final Draft Housing Element
Task 3. Land Use Element Amendments
Pursuant to various new statutes, including AB 1397, adequate sites requirements will require an in-depth analysis of adequate sites. If
sites are not available to accommodate expected RHNA grovith in the planning period, the City must provide a rezoning program to address
unaccommod ate d need. As zoning must be consistent with the General Plan, similar updates to the General Plan land use designations will
be required.
The Land Use Element Update will primarily rely on the necessary updates to the Housing Element to accommodate RHNA growth needs.
Updates may include changes to the Land Use Element including new land use designations, revised descriptions of the purpose and intent of
existing land use designations and additional land use considerations.
Preliminarily, we propose that the updated Land Use Element be organized into the following sections:
• General Plan land use designations, including descriptions of the range of allowed uses, densities, and intensities within each designation,
and a land use diagram, created in GIS in, that illustrates the distribution, location, and extent of the land use designations.
■ Policy topics that are not tied to land use (e.g., sustainability, climate change, etc.)
• Policy topics that are relative to land use type (e.g., residential, commercial, mixed use, etc.)
• Policy guidance for specific Focus Areas of the city (e.g., Airport area)
This element will describe the City's planning boundaries, including any revisions to the General Plan Land Use, Sphere of Influence, service
area boundaries, and establish a strategy for growth that reflects the community's vision and supports the Housing, Land Use, and Circulation
Elements and Climate Action Plan. Revisions to land use policy and land use designations will be based on these considerations.
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Task 3.9 Baseline Mapping/G15
Kimley-Ham will work with the City to obtain existing City GIS data and review City mapping protocol and requirements. Kimley-Nom will use
ArcVi ew-com pati b le shapefiles and/or geodatabases from the City for the development of the project's base map and subsequent thematic
maps. All maps will be produced in ArCView and exported in a PDF format, and wilt identify the City boundary, Sphere of Influence (S01),
and Planning Area.
After creating the initial base map, Kimley-Hom will provide a copy to the City for review and approval prior to use for subsequent mapping
work. At the conclusion of the project, Kimley-Horn will provide an electronic database to the City containing all original data as well as project
specific data layers modified or created by Kimley-Horn, along with pertinent metadata documentation.
Deliverables:
■ Updated Land Use Map
• Database of updated GIS information
Task 3.2 Community Engagement for the Land Use Element
It is understood that the Housing Element will be the primary impetus to land use changes in the community, It is further recommended that
the Land Use Element community engagement be coordinated with the Housing Element and Circulation Element to ensure broad community
understanding of the General Plan Update.
Task 3.3 Update to Land Use Designation Descriptions
Kimley-Hom will update Land Use designation descriptions to provide consistency with land use changes prompted by the Housing Element.
This will include general descriptions of the purpose and intent of each land use designation and the appropriate densities and intensities.
Updates to text, tables and graphics to recognize land use considerations that are not consistent with current law or no longer apply (e.g.
redevelopment areas) will be required,
Deliverables:
• Updated textual descriptions of Land Uses
Task 3.4 General Plan Buildout Analysis
To assist in the development of the Housing Element and Circulation Element, a General Plan buildout analysis will he conducted. The buildout
analysis will first determine the baseline existing land use conditions, including:
• Existing "on the ground" land use
• Buildout potential of existing land use policy
• Net change behieen "on the ground" land use and existing General Plan buildout
Once future land use changes are determined, a summary of buildout for the updated General Plan will be developed. The buildout
summary will include:
• Updated General Plan Land Use Capacities (theoretical and realistic)
■ Comparison of Existing "on the ground" versus land use capacities
• Net Growth potential in dwelling units and non-residential square feet
Deliverables:
• Electronic database of Buildout Analysis in Excel and GIS formats
• Summary table of buildout analysis
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Task 3.5 Updates to Goals and Policies
In conjunction with the Housing and Circulation Elements, Kimley-Hom will update the City's Land Use Element goals and policies. The updates
will ensure internal consistency amongst General Plan element pursuant to state law. New goals and policies will be added, as appropriate.
Deliverables:
• Draft and Final Land Use Element Goals and Policies
Task 4. Circulation Element Review
Task 4.1 Project Preparation, Community Outreach and Project Management
a. rick -Off Meeting. LSA Associates will participate in the kick-off meeting and come prepared with the approved work plan and schedule.
They will discuss project management protocols, reporting, milestones, and deliverables. LSA will have a general data needs list to share at
the kick-off meeting.
b. Review, Revision, and Execution of the Newport, Together
Outreach Program. LSA Team members have already actively Mr. Petros led the Bicycle Safety Committee for three
engaged in the outreach effort and have read all materials years and directed the preparation of the first City
circulated to the public. They have listened to selected minutes Comprehensive Bicycle Master Plan. Additionally, Mr.
of City Council meetings and spoken with Steering Committee Petros worked with staff on innovative features such
members. Mr. Petros attended two of the District Workshops and as sharrosws, buffered bicycle lanes, and the creative
participated in the exercises as a Newport Beach resident. With their lane markings along Back Bay (Drive.
active experience, LSA will contribute to the overall Project Team
in identifying the successes and the opportunities of the outreach 40
effort. Focusing on mobility, LSA will create a white paper of
methods to highlight accessibility and circulation issues in the community and crystallize policy and implementation alternatives to address
them. These can then be worked into the outreach process. Effective outreach has dual purposes. It provides the public with valuable facts
and truths regarding the agency proposals. At its best, outreach creates an informed stakeholder group that can then contribute wisely to
the process and products. The additional function is ascertainment. A General Plan Is an expression of the vision of the community, and
effective outreach aids the public in expressing clearly their desires for the future of their home. LSA will identify where areas of the current
outreach could be enhanced to provide greater information on the mobility setting in town and will offer methods to improve ascertainment
in the outreach methods. Three (3) one and one-half hour meetings are programmed into this task.
c. Project Schedule. LSA will review the Circulation Element within the context of the overall General Pian update schedule. Focus will be
given to improved efficiency, eliminating overlap, enhancing communication and clearly identifying milestones and product deliverables.
d. Steering Committee Meetings or Meetings of another Committee, including Advisory Committee Meetings. LSA has already
had contact with members of the Steering Committee. They are familiar with its membership and have read its charter. LSA also
understands that the Mayor may be creating a Regional Housing Needs Assessment (RHNA) or Housing Committee to assist in the General
Plan Element updates. Regardless of the meeting composition or mission, LSA is ready to contribute to the subject matter knowledge base
and assist in good policy making by committee members. LSA will attend up to 24 meetings with committees identified for this process.
This is equal to two (2) meetings per month over a two (2) -year period.
Task 4.2 Project Research and Data Collection
a. Circulation Element Review. LSA believes three primary objectives exist for a successful General Plan Circulation Element effort:
1. An aspirational, yet achievable narrative, including goals, policies, objectives, and implementation measures, that clearly articulates
the vision of mobility for the citizens of Newport Beach;
2. Strong correlation between the future of housing and land use, and the ability to move people, goods, and services at expected
levels of performance; and
3. Legally defensible responses to the abundance of mandates handed down from regional governance and the State (e.g., complete
streets, VMT thresholds, and Vision Zero, etc.).
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With this context, LSA will conduct a review of materials related to mobility in Newport Beach and the surroundings. The City 2006 General
Plan is a popular document. It is referred to by all factions of the City as THE vision of Newport Beach. It has provided a successful road map
for the City for almost a decade and a half. LSA will start with the underpinnings of the Circulation Element and create a matrix of key policy
and implementation strategies. LSA will review recent Capital Improvement Projects and identify spending priorities by modes and location that
will be added to the matrix. Mr. Petros, Project Manager and Principal in Charge, guided the preparation of the Bikeway Master Plan. As a local
cyclist, he has a vested interest In its success. LSA will include its primary policy objectives and capital priorities in the matrix. Working with
the Housing and Land Use Element team(s), LSA will document key connection and interstices to ensure correlation and integration between
the elements and will add these to the matrix as well. Finally, LSA will describe external forces affecting mobility in the community. These
may be regulatory and governmental (i.e., AB 1358, SB 375, and SB 743) and they may be market driven and disruptive (i.e., ride sharing,
autonomous vehicles, and quieter jet engines). The final matrix will be the launch pad for consideration of trajectories for the Circulation
Element development and will be referred to and updated as the Element is conceived.
The policy framework must be measured against quantitative methods to gauge performance and assure outcomes. Through their work on SB
743 compliance for the City and their ongoing project -related impact analysis experience, LSA has a working knowledge of the Newport Beach
Transportation Analysis Model (NBTAM) and is following the model update process. LSA will work with the City Traffic Engineer and the City's
modeling consultant to coordinate necessary sensitivity runs and final model database modifications and outputs to reflect the Circulation
Element descriptions. This may include review of the land use/soc€oeconom ic database, the traffic analysis zonal structure, external traffic
cordon stations, the roadway network, consideration of alternative modes and active transportation, methodologies related to VMT calculations,
and more, Using the City's traffic count database and their knowledge of the Master Plan of Streets and Highways and other capital plans, LSA
w111 create a setting for the existing condition of mobility in the City.
LSA will create a series of technical memoranda and matrix updates that describe the progress of the Circulation Element preparation.
Representative samples may include existing setting, policy framework, capital improvement plans, disruptive technologies, land use/
transportation integration, regional plans, and more. These will be prepared as communication pieces for staff to collaborate with the public
and appointed and elected officials. They will also be made available to support the ongoing Outreach with the Steering Committee and/or
other committees created by the City Council,
Task 4.3 Market and Fiscal Analysis
There are no direct efforts far the LSA Team for this task. However, LSA will be avaiIab€e to provide their materials to the Market and Fiscal
analyst(s). LSA will be available for one meeting to coordinate efforts, should that be necessary.
Task 4.4 Environmental Analysis (Compliance with C,EQA)
There are no direct efforts for the LSA Team for this task. However, LSA will be available to provide their materials to the environmental
consul [an t(s), LSA will be available for two meetings to coordinate efforts, should that he necessary. It should be noted that LSA is currently
under contract for the City's development of new State CEQA Guideline thresholds for transportation analyses, consistent with SB 743. LSA
will work with the environmental consultant to ensure that the City's adopted approach and thresholds are reflected in the Draft El R. This will
include ane review of the Administrative Draft EIR and participation in the two meetings identified above.
Task 4.5 General Plan Amendment
This task focuses on the duties necessary to submit the adopted Housing Mr. Petros initiated and fed the West Newport
Element to the California Department of Housing and Community Residential Overlay in portions of District 2,
Development (HCD) for review and approval. However, tasks are creating incentives for complete streets, walkable
necessary to take the Circulation Element matrix and create the final neighborhoods, and pocket parks, all while creating
Circulation Element. opportunities for intensified housing development.
LSA wil fold the input from the public outreach and ascertainment with
appointed and elected officials and frame the narrative of the Circulation
Element. This will include the setting; opportunities and challenges; performance metrics; and goals, policies and objectives; as well
as implementation strategies. LSA will create maps for the Master Plan of Streets and Highways, the Bikeway Master Plan, pedestrian pian,
bay and waterway plan (if included in the Circulation Element), and any maps related to air travel and navigation. LSA will also include maps
and diagrams related to the achievement of Complete Streets where identified in the City. This may come from the Orange County Complete
City of Newport Beach • LPPL77002.2020
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Streets Initiative Manual or other related sources (e, g,, the National Association of City Transportation Officials [NACTO], the California
Environmental Protection Agency [CalEPA], and SCAG, etc.},
LSA will review the Draft Circulation Element for correlation and include mitigation measures from the EIR in the implementation strategies and
associated maps where necessary. The Final Circulation Element will achieve the three objectives outlined at the outset of their work plan and
will be transparently and publicly accomplished by virtue of the initial matrix and public input.
Task 5. Transportation Technical Analysis
Urban Crossroads, Inc. will conduct the requisite technical analysis necessary to provide input into the Program EIR document and assist in
the preparation of the Circulation, Land Use, and Housing Element updates. Urban Crossroad's task will focus ori Level of Service (LOS) and
Vehicle Miles Travelled (VMT) as required by state Iaw.
Task 5.1 Analyze and Document Existing Conditions
Urban Crossroads will document existing transportation network and other pertinent information for inclusion in the updated City of Newport
Beach General Plan. This will include analysis of the following topical areas:
ROADWAY SYSTEM
5.1.1 determine project trip distribution patterns based on the NBTM in the area along with the planned circulation system,
5.1.2 Compile available peak hour intersection turning movement counts, at up to 66 study area intersections. The selection of study
intersections will be based upon further consultation with the City Engineer.
5.1.3 Compile available 24 hour roadway segment counts at up to 70 roadway segments. The existing ACT at various roadway segments may
be estimated based on a factor from peak hour volumes. The selection of roadway segments will be determined with further consultation with
the City Engineer.
5.1.4 Verify intersection traffic control measures, approach lanes at intersections, and through travel lanes along roadway segments.
TRANSIT SER VICE
5.1.5 Document existing transit services within the City, including bus routes, transit stops and park andride facilities.
ACTIVE TRANSPORTATION SYSTEMS
5.1.6 Compile and document data related to active transportation systems in the area such as trails, bicycle paths, and pedestrian paths.
SUMMARY
5.1.7 Prepare concise summary memo with text, maps, tables, and diagrams of existing transportation conditions in the City.
Task 5.2 General Plan Buildout (2040) Traffic Projections
5.2,1 Prepare long-range traffic forecasts for General Plan Buildout conditions based on the updated version of the Newport Beach
Transportation Model (NBTM),
5,22 Review the initial estimates of the raw peak hour turning movement volumes for reasonableness, including the review of traffic flow
conservation and peak -to -daily volume ratios.
5.2.3 Adjust the Initial raw model estimates to achieve flow conservation, reasonable growth, and plausible diversion between parallel routes
through post -processing.
5.2.4 Calculate General Plan Buildout (2040) peak hour turning movement volumes at up to 66 study area intersections.
5.2.5 Calculate General Plan Buildout (204 0) future daily traffic flows on up to 70 study area roadway segments.
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Task 5.31ntersection and Roadway Segment Analysis
5.3,1 Assess the intersection Level of Service (LOS), for up to 66 study area intersections, for each of the fallowing traffic conditions:
• Existing (201912020)
• General Plan Buildout (2040) without GP Element Updates
• General Plan Buildout (2040) with GP Element Updates
• General Plan Buildout (2040) with GP Update Alternative Scenario
5.3.2 Perform traffic signal warrant analyses, for unsignal ized study area intersections, for each of the traffic scenarios listed in Task 3.1.
5.3.3 Identify physical improvements need to achieve/maintain acceptable level of service (LOS) at each study area intersection for each of the
traffic scenarios fisted in Task 5.3.1.
5.3.4 Determine future circulation needs to maintain a sustainable balance between environmental concerns, community objectives, and
facility performance (mobility and safety).
5.3.5 Review the findings of the traffic impact analysis in the context of local and regional funding programs. Based on an understanding of
the future improvement requirements needed to accommodate the proposed General Pian, identify which facilities are currently included in an
adopted fee program, and which facilities may require additional 'non -program" improvements.
Task 5.4 Active Transportation Modes and Vehice Miles Traveled (VMT)
Pursuant to new statutory requirements, Urban Crossroads will conduct an analysis of Vehicle Miles Travelled {VMT). This analysis will be
conducted in concert with the LOS analysis described in previous tasks and will be utilized in the Circulation and Land Use Element Update to
evaluate future impacts and identify potential mitigations.
5.4.1 Newport Beach recognizes the value of providing opportunities for local residents and visitors to safely walk or bicycle or use
transit for transportation and recreation. Urban Crossroads will collaborate with City staff members and the consultant team to document
accommodations for alternative modes and identify feasible active transportation improvement measures within the City.
5.4.2 Urban Crossroads will prepare estimates of Vehicle Miles Travelled (VMT( related to existing and future land uses in the City of Newport
Beach General Plan Update based upon NBTM. The City of Newport Beach is developing separate VMT thresholds for population and employment.
The methodology for these VMT estimates will be further discussed with City technical staff members during the transportation analysis.
5.4.3 For the future scenario with GP Element Updates, exhibits will be prepared which illustrate Clty areas with VMT 1 population and VMT/
employee lower than the average County VMT rates, as well as areas VMT 1 population and VMT/employee higher than averages.
5.4.4 Existing transit availability is useful in identifying high quality transit areas for use in VMT criteria. Bus routes with 15 minute or less
headways during peak hours will be examined.
5.4.5 Identify potential mitigation measures and estimated effectiveness in reducing VMT in terms of percentage reduction of VMT for each measure.
Task 5.5 Transportation Technical Analysis Meetings
5.5.1 Attend up to twenty four (24) meetings with City staff and Project team throughout the transportation analysis process.
Task 5.5 Transportation Analysis Report and Responses/Revisions
5.6.1 Summarize results of the analysis and findings in a draft traffic study report to be submitted to the consultant team and City of Newport
Beach for review.
5.6.2 Based upon comments received from the con su€taut team and City of Newport Beach, a revised traffic study report will be prepared for
inclusion in the Draft PER
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Task 5.7 Response to Traffic Comments on the Draft EIR
5.7.1 Urban Crossroads will assist the EIR preparer in responding to comments received on the Draft EIR. Written responses regarding traffic -
related comments received on the EIR will be provided by Urban Crossroads to the EIR preparer.
Deliverables/Timing:
It is estimated that the Transportation Analysis will be completed in 60 working days from the date of Client's authorization and subsequent
receipt of all requested data essential to complete the study. Additionally, any delays resulting from circumstances beyond our control, such as
environmental occurrences, changes in the project description, and/or modifications in public/private policy may extend the time schedule.
As part of the Transportation Analysis, Urban Crossroads will coordinate with the Clty of Newport Beach to refine this scope of work. At
that time, the City may decide to expand the study area and/or change some of the project assumptions that could potentially require a
budget augmentation.
It the City of Newport Beach requires more than 66 future study area intersections, Urban Crossroads will advise the Client of potential
changes associated with the additional work effort. A PDF {electronic} version of the Transportation Analysts report will be provided for
the client's use.
Task 6. Environmental Justice Policies
As required by SB 1000, state law requires local governments to prepare and adopt an Environmental Justice Element or environmental
justice related policies into other elements of the General Plan. While either approach is appropriate to comply with statutory requirements,
the approach to integrating policies through the General Plan is recommended. The advantages of this approach Is that it provides stronger
interrelationship of environmental justice policies throughout other General Plan elements. However, this approach may make it more difficult
to distinguish environmental justice: components in the General Plan.
With the new requirement pursuant to AB 686 for Housing Elements to Affirmatively Further Fair Housing (AFF H), addressing "patterns of
segregation and foster inclusive communities free from barriers that restrict access to opportunity for federal and state protected classes," the
Housing Element therefore provides extensive analysis to address Ata 686. It should be noted that HC has not yet released guidance on the
extent of analysis requirement to implement AB 686.
It is anticipated the majority of Environmental Justice goals and policies will be contained within the {_and Use and Housing Element, but other
Elements may provide the opportunity to incorporate or reinforce policy.
Deliverables:
■ Draft and Final Environmental Justice Goals and Policies
Task 7. Market and Fiscal Analysis
The Market and Fiscal Analysis scope of services considers Keyser Marston's extensive experience in the Southern California market area and
the City's unique market characteristics. To this end, the KMA analysis will include:
Task 7.1 Background Data Collection & Study Review
As a preliminary step, }CMA will detail the residents' socio-economic characteristics, identify business and employment categories in the City
and review existing market research prepared for the City.
Task 7.2 Market Assessment
KMA will provide an overview of the market characteristics exhibited by the residential, office, iAustria€, hospitality and retail uses in the
market area. Based on the assessment of current market conditions KMA will identify development opportunities and constraints for these land
uses in the City and for seven areas of focus, which include:
• Airport Newport Center • Newport Coast Westc[iff/Daver
• Fashion Island West /Newport Mesa • Mariner's Mile
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KMA will:
■ Review real estate market conditions including: sales prices, sales activity/absorption in the region, current rents, marketplace voids and
recent/proposed developments.
• Collect population, household and employment growth projections for the market area and region.
• Review current retail safes in the City, Market area and County.
■ Review existing employment and business patterns in the County and the market area to gain an understanding of the mix of jobs suited
for new development and the demand they could generate.
• Summarize countywide employment patterns and identify key industries with strong pay levels.
■ Prepare a surplus/leakage analysis for the market area to identity the type and scope of retail development that could be supported.
■ Review sales prices for new and existing for -sale residential in the market area.
■ Summarize current apartment rents, vacancy and demand by type of unit in the market area.
• Prepare residential and office demand projections, which will assist the team in identifying potential development opportunities
for the area.
• Contact brokers and developers active in the region, as their insights are invaluable for assessing the current and future market conditions.
• Evaluate opportunities for mixed -- use development, particularly in the Airport, Mariner's Mile and Westcliff/Dover focus areas.
• Evaluate recreational and marine -commercial opportunities for the Newport Center and Mariner's Mile focus areas.
• Evaluate medical office opportunities, in particular for the Newport Center and West Nowport Mesa focus areas.
Task 7.3 Fiscal Analysis
For the existing general plan baseline conditions and three alternative scenarios, KMA will evaluate the fiscal impact of the proposed land use
options, KMA wi[1 utilize the currently available fiscal model developed by others to conduct the fiscal analysis. ft is anticipated that KMA will
provide the assumptions and inputs into the model and coordinate with the consultant who created the fiscal model Utilizing the City's current
fiscal model, this analysis will include:
• Projection of Annual Pian Revenues — }CMA will estimate the gross annual recurring tax revenues and subvention revenues to be
generated by the build out of the general plan and the alternative scenarios, which are allocated to the City's General Fund over 20 years
(excludes non -General Fund Revenues). The major revenues anticipated to be quantified include the following:
)� City's share of annual property tax revenues generated by the area;
» City's subvention revenues (e.g., motor vehicle in -lieu fees);
» City's share of sales tax revenues generated by the residential and commercial uses;
Other revenue sources; and Transient occupancy tax revenues, if any.
• Projection of Annual Plan Service Costs — The second focus of the analysis is the assessment of annual General Fund operating and
maintenance costs related to providing services such as police protection, public works, parks and recreation, and general administration,
etc. The major steps or tasks to identify costs are:
Review and analyze the City's budget, and other written materials to identify the cost experience and current annual operating expenses
incurred by the City in serving its existing papulation. Identify applicable service standards in the General Plan.
g Confirm a set of basic cost and revenue assumptions derived from the City's budget.
Deliverables:
• KMA will prepare a summary memorandum at the completion of the Market Assessment and Fiscal Analysis.
Task 7.4. Market and Fiscal Meetings
For the purposes of this analysis, KMA has assumed we will be required at four meetings with City staff and/or the project team. Any City or
project team meetings in excess of this amount will be charged on a time and materials basis based on the attached schedule of fees.
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Deliverables:
• KMA will attend up to four meetings with City staff.
Task 8. Public Hearings and Adaption
Kimley-Horn will attend up to one (1) public hearing before the Planning Commission and one (1 ) public hearing before the City Council.
Kimley-Horn will assist in preparing and delivering a PowerPoint presentation, drafting staff report language, and responding to questions at
the public hearings.
Deliverables:
• Electronic copies (in PDF format) of draft presentation, handouts, etc. at least two weeks prior to public hearings. Kimley-Hom will revise
materials as directed by City staff.
■ Attendance by up to two (2) Kimley-Ham staff
Task 8.1 Final Housing, Land Use, Circulation, and HCD Certification
Based on the City Council direction, Kimley-Ham will make final revisions and prepare a Final Housing, Land Use, and Circulation Updates,
inclusive of Environmental Justice policies. The Housing Element will he prepared for final HCD certification. KimIey-Horn will transmit the
Final Housing Element to HCD for certification, and will maintain ongoing communication with the State until the Housing Element is officially
deemed certified.
Deliverables:
• One electronic copy (in native file format and PDF format) of the Final Housing Element
• 5 thumb drive copies
• 5 camera-ready hard copies of the HCD-certified Final Housing Element
a. Housing Element Review. Review and evaluate the current Housing Element to determine the revisions that must be msde to comply
with State housing laws and HCD requirements. Identify and update all obsolete information, including tables, exhibits and illustrations.
Considerations to he included into the Final Draft Housing Element may include:
i. Housing Needs Assessment. Using demographic, economic, infrastructure, and housing data, the Consultant shall quantify
and analyze the existing and projected housing needs consistent with State housing law.
ii. Constraints Analyses. Identify governmental and nongovernmental constraints to housing production and help to shape
strategies to address any identified constraints.
iii. Identification of Housing Resources. Identify programmatic, physical and financial housing resources
available in the City.
iv. Sites In ventory Analysis. Preparation of an analysis to show the relationship between the City's Regional Efausing Needs
Assessment (RHNA) allocation, the dwelling unit capacity, availability of potential housing sites based on zoning, Infrastructure,
and General Plan policies, requirements and limitations. An inventory shall also he prepared for assisted housing units.
V. Housing Opportunity Sites Identification. The updated Housing Element will require the preparation of a Housing
Opportunity Sites listing, The Consultant will need to assist the City in developing the listing to accommodate the final RHNA
including the breakdown for very low-, low- and moderate -income housing categories.
vi. State Legislation Analysis. Provide an analysis regarding how recent State legislation will affect the City's operations
and regulatory authority, and propose new strategies to ensure the City's compliance. The Consultant shall include a
discussion on the implementation of the Senate Bill 35 streamlining process.
vii. Climate C1iang ,Adaptation and Safety Hazards. Throughout Element preparation, the Consultant shall be mindful of
hazards from climate change, sea level rise, flooding, as well as the risk of wiIdland fires and earthquakes. The City will be
updating its Safety Element on a separate timeline.
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b. Land Use Element Review. Review of the Land Use Element in conjunction with the Housing Element Update analyses to identify
which areas must be updated for consistency and in furtherance of those sites identified in the updated housing opportunity sites inventory.
Considerations for the Update to the Land Use Element may include:
Potentially Change Land Use Designations and Density. The current draft RHNA methodology indicates that the City
must plan for 4,832 units for the next 8 -year planning period. The consultant will work with the City and the Community
to identify sites with the Housing Element update and prepare necessary updates to the Land Use Element to maintain
consistency between the bvo elements.
ii. Land Use Element Policy Review. The Land Use Element contains numerous policies that guide development and restrict
development of housing. The policies need to be reviewed to determine whether they are significant impediments to housing
development. The consultant will need to conduct the review and offer recommendations for community consideration,
iii. Local Coastal Program. The City's Local Coastal Program (LCP) was certified by the California Coastal Commission in 2017.
The Update process might involve changes to land use or other policies applicable to the Coastal Zone and amendments to the
LCP may need to be considered to maintain consistency.
Circulation Element Review. Review of the Circulation Element in conjunction with the Housing Element and Land Use Element analyses
to identify which areas must be updated for consistency and In furtherance of those sites identified in the updated housing opportunity
sites inventory.
Considerations for the Update to the Land Use Element may include:
i. Complete Streets. Review of the Circulation Element and Master Plan of Arterial Highways, the City's Bikeway Master Plan,
other relevant plans to incorporate "Complete Streets' requirements consistent with current general plan requirements.
ii. Currently Emerging Trends, Evaluate emerging mobility trends (i.e. autonomous vehicles, ridasharIng services, etc.) and
Identify appropriate policies or amendments that meet community goals and are consistent with the Land Use Element.
iii. City Traffic Engineer Dversighi City Traffic Engineer Tony Brine, P.E. will be overseeing the preparation of the Circulation
Element update and any traffic/transportation studies necessary for environmental review purposes in concert with Community
Development Department staff. The City traffic model is in the process of being updated by Urban Crossroads under an existing
contract with the City. The Consultant will be responsible for coordinating with the City Traf tic Engineer, Community Development
staff, Urban Crossroads and any other consultants to incorporate the work product within the update.
d. Market Analysis. The foundational infarm atian for housing, land use, and circulation discussions. Key areas shall be evaluated, including:
1) Airport area - office trends, mixed-use viability; residential opportunities and market absorption, minimum square footage of commercial.
2) Fashion island - regional commercial trends, office and entertainment Irends. 3) Newport Center - office trends, residential demand/
need. Provide additional market analysis for key uses such as residential, hospitality, medical office, harbor excursion, restaurants, and
recreational activities, 4) West Newport Mesa, including Banning Ranch - industrial and commercial trends, including medical office
space, and residential demand/need and opportunities. 5) Newport Coast - residential demand/need and opportunities. 6) Mariner's Mile
- mixed-use viability, commercial trends; additional analysis could include marine -commercial trends, including key uses like excursions,
restaurants, and recreational activities. 7) Westcliff/Dover Area - mixed-use viability, residential dernand/need and opportunities.
Fiscal Analysis. Identify existing General Plan baseline cornditlons and later analyze effects of various land use options. A fiscal model was
created for the 2006 General Pian update by Applied Development Economics, Inc. (ADE). Doug Svensson, Al CP at ADE has updated the
model and conducted focused studies on project -specific needs. The City does not anticipate creating a new fiscal mad el at this time for
budgetary reasons unless there are compelling reasons to consider the creation of a new model.
Task 9. Environmental Compliance
The General Plan Update will be prepared in accordance with the req ulremen Is in the California Environmental Duality Act (Public Resources
Code 21000 at seq.), the State CEQA Guidelines (California Code of Regulations, Section 150000 et seq.), and the Newport Beach City Council
Policy K-3, "Implementat[an Procedures for the California Environmental Quality Act." The EIR will consider appropriate environmental issues
and concerns, balancing community and public agency interests within the boundaries of the regulatory review process and procedures.
My of Newport Beach . ZPh77002.2020 Kimley>Morn • 44
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Kimley-Hom anticipates a Program EIR will be the appropriate environmental clearance document for the General Plan update. The Program
EIR for the General Plan update will serve as the Program Environmental Document and baseline for future project applications and
improvements that are processed in the City. The Kimley-Horn team will prepare CEQA notices, consult vrith affected public agencies, prepare
technical studies, prepare the Administrative Draft, Draft, and Final EIR, prepare the Mitigation Monitoring Program, prepare the Statement
of Facts and Findings, and prepare the Statement of Overriding Considerations. The EIR work program includes the following tasks: KIM ley -
Horn will provide the Environmental Scope of Services specifically set forth below for preparation of CEQA documentation. It is anticipated the
project will be further refined Ihrough community outreach efforts.
In anticipation of the CEQA Project's evolution, Kimley-Horn will guide and collaborate with the City to develop a candidate site's land
use database that will serve as an interactive tool during this process, This Scope assumes a maximum of two CECA Project refinement
cycles; the City to provide one reconciled set of comments for each deliverable, and that comments will not raise new substantive issues
requiring re -analysis; and a policy -level analysis, with technical studies to support the future developments prepared at the time of the
development applications.
Task 9.1 Project Description
The Project Description will detail the project's location, environmental setting, background and history, characteristics, discretionary actions,
goals/objectives, agreements, and required permits and approvals. This task includes development of a candidate site's land use database that
will serve as an interactive tool during the CECA Project refinement cycles.
Deliverables [nate: a comprehensive list of deliverables is provided later in this proposal]
■ Draft Project Description; and Final Project Descriptions
Task 9.2 Serrate Bill 18 (SB18) and Assembfy Bill 52 (AB52) Native American
Communications
Kimley-Horn wilt provide 5818 Native American Cons u€tation assistance, as directed by the City. We will contact the Native American Hedtage
Commission (NAHC) to request a Sacred Lands File (SLF) Search and an SB 18 list of Native American tribes and individuals to contact. Easing
the NAHC's SB 18 fist, Kimley-Horn will draft SB 18 letters for City distribution. Using the City's Native American tribal contacts list, we will
draft AB 52 letters for City distribution. It is expected that ane or more requests for consultation will be requested,
Deliverables
• SS 18 Consultation Letters and AB 52 Consultation Letters
■ Participation in two consultation meetings
Task 9.3 Initial Study/Native of Preparation (ISINQP)
The City has determined that the project may have a significant effect on the environment and an EIR will be required. Based on the City's decision
to prepare an EIR, and as permitted by the State CEQA Guidelines Section 15063, Kimley-Hom recommends that an Initial Study not he prepared.
Instead, Kimley-Horn recommends preparation of an expanded NOP with Project information that meets all CECA requirements and provide
additional explanation of the intended CEQA process, scope, and schedule, The NOP will also identify the date and location of the Scoping Meeting.
Kimley-Horn will respond to one reconciled set of City comments on the draft NOP and prepare a check copy for approval prior to public release.
The NCP will be filed with the County Clerk -Recorder and will also be provided to the City for posting on the City's website. This task includes
certified NOP mailing to responsible agencies. We will also prepare and submit the Notice of Completion (NOC) and attach relevant information
from the NOP to the State Office of Planning and Research's State Clearinghouse.
Deliverables
■ Notice of Preparation and Notice of Completion
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Task 9.4 Scoping /meeting
Kim ley -Ham will conduct one public scoping meeting during the 3O -day NOP public review period. The scoping meeting can be a separate
meeting or a study session or agenda item designed for the general public before the Planning Commission. The scoping meeting provides
another opportunity for the community to gain an understanding of the proposed General Pian project, key issues to be addressed in the EIR,
and provide comments on environmental concerns. The scoping meeting will orient the community on the CEQA review process and will be
presented in a manner which the community can gain a greater understanding of the project, intent of CEQA, and the key issue areas to be
addressed in the EIR. We will prepare comment cards and a PowerPoint presentation for the scoping meeting, and will be prepared to respond
to questions related to the CERA process.
Comments received in response to the NOP and at the Scoping Meeting will be evaluated during Administrative Draft EIR preparation.
Following the close of the public comment period, Kimley-Ham will compile and summarize the comments received and submit the summary
to the City in the farm of a Scoping Memo to ensure that the points raised during scoping are documented. At the conclusion of the public
comment period, K rnley -Ham will work with City staff to determine if project modifications or adjustments can be made early in the process to
address regulatory or community issues, and/or promote features desired by the community and acceptable to the City.
Deliverables
• Scoping Meeting
■ Scoping Memo
Task 9.5 Environmental Impact Report
The EIR will include the following sections:
• Executive Summary
• introduction
• Project Description
• Environmental Analysis: Existing Conditions; Evaluation of Project and Cumulative Impacts; and Mitigation Program
• Long -Term Implications of the Project
• Project Alternatives
• Agencies, Organizations and Persons Consulted
• Preparers and References
Task 9.6 Environmental Analysis
The EIR Environmental Analysis sections will discuss the existing conditions for each environmental issue area; define the criteria by which
significance determinations will be made; identify and evaluate short- and long-term environmental impacts; and provide levels of significance
before and after the application of the Mitigation Program. Mitigation will consist of General Plan policies and other program -level measures,
as necessary. The EIR is expected to evaluate the following environmental topics:
■ Aesthetics • Cultural Resources Hazardous Materials • Public Services and Recreation
• Agriculture and • Energy • Hydrology and Water Quality • Transportation
Forestry Resources • Geology and Soils • Land Use and Planning • Tribal Cultural Resources
■ Air Quality • Greenhouse Gas Emissions • Noise ■ utilities and Service Systems
• Biological Resources • Hazards and Population and Housing • Wildfire
Task 9.7'Alternatives to the Proposed Action
Kimley-Ham will analyze a "reasonable range" of alternatives, comparing each alternative's impacts for each environmental issue to the
project. Preliminarily, the range of alternatives will consist of the No Project (no changes to the Housing Element assumptions) and two
other alternatives to be developed through the public outreach and environmental analysis process. A level of detail will be provided to allow
City of Newport Beach • L PPL 77002.2020
Kimsey 0 Haat • 46
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decision makers to gain a greater understanding of the alternatives. We will discuss, as required by the CEQA Guidelines, the advantages and
disadvantages of each atlemative and the reasons for rejecting or recommending the project alternatives stated. This alternatives section will
culminate with the selection of the environmentally preferred altemative in accordance with CEQA requirements.
Task 9.8 Revised Administrative Draft EIR (Administrative Draft FIR 11)
Kimley-Hom will revise the Administrative Draft EIR I based on City comments. The revised Administrative Draft Il will be provided to the City in
track/ch a n g as and will be prepared in conformance with the Scope of Work. Kimley -Hcm. w111 respond to one reconciled set of City comments
on the Administrative Draft EIR.
Task 9.9 Proof Check Draft EIR and Public Review
Kimley-Nom will incorporate comments from two Administrative Draft EIR review cycles to prepare a "proof check" copy of the Draft EIR, which
will be provided to the City Por finat approval prior to reprod ucfion and distribution. We will also prepare the Notice of Completion (NOC) and
Notice of Availability (NOA) for City review and approval. We will be responsible for reproduction and distribution of the Draft EIR, the NOC to
the State Clearinghouse, and the NOA consistent with the NOP distribution list, This effort also includes preparat lon of the document in PDF
format for CDs and posting on the City's website. Kimley-Hom will file the NOC with the County Clerk -Recorder; the City will be responsible for
any newspaper notices.
Deliverables
■ Administrative Draft EIR I (one review cycle)
• Administrative Draft EIR Il in track/change (one review cycle)
• Proof Check Draft EIR
• Draft EIR Reproduction and Distribution
• Web -ready version of Draft EIR with technical appendices
• Notice of Available and Notice of Completion
Task 9.10 Final EIR
Task 9.10a. Responses to Comments
Kimley-Ham will prepare responses to comments received during the Draft EIR public review period. Comment letters will be bracketed into
discrete questions for response. Where multiple comments are received on the same issues, topical responses will be prepared. This Scope
assumes the preparation of a separate Responses to Comments document, which will include an introduction describing the public review
process; a list of commenters; and copies of all written comments and minutes from public hearings where comments were received; written
responses to environmental comments; and an Errata if needed.
Upon receipt of one reconciled set of City comments, Kimley-Ham will revise, as necessary, the draft responses; coordinate with the technical
team members regarding the revisions; and provide a check copy to the City for final review. We will mail responses to public agencies that
provided comments on the Draft EIR. This Scope assumes up to 100 hours of professional staff time for preparation of the Responses to
Comments document. If it appears that additional effort will he necessary because of the number and/or complexity of the comments, we will
notify the City that a contract augment would be required.
Task 9.10b: Mitigation Monitoring and Reporting Program
Kimley-Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) consistent with the City's standard format to identify
appropriate monitoring steps/procedures to provide a basis for monitoring such measures during and upon project implementation. The MMRP
will include the Project Design Features, Standard Conditions, and Mitigation Measures needed to mitigate significant project impacts; the
Monitoring Milestone (indicating points at which each agency/department is responsible for verifying implementation of the measure); Method
of Verification (such as documentation or field checks); and a verification section for the initials of the verifying individual, date of verification,
City of Newport Beach • CPPt77002.20?0
KimieYoHol
11-36
and pertinent remarks. Kimley-Horn will prepare a Draft MMRP that will be submitted to the City for review. We will respond to one reconciled
set of City comments. If the Planning Commission or City Council modifies the project and/or recommended conditions of approvallmitigation
measures for the proposed project, Kimley-Horn will revise the MMRP. However, substantial modifications are not assumed.
Task 9.10c: Findings of Fact and Statement of Overriding Considerations
Kimley-Horn will prepare the Findings in accordance with State CEQA Guidelines Section 15091 and Section 15093 and in a format specified
by the City. Kimley-Horn will submit the Draft Findings far City review and respond to one reconciled set of City comments. A Statement of
Overriding Considerations will be drafted, as needed, and submitted to the City for use in the project review process.
Task 9.11 Notice of Determination
Kimley-Horn will prepare the Notice of Determination (NCD) for review by the City, Upon Final EIR certification and project approval, we will file
the NOD with the County Clerk -Recorder and the State Clearinghouse. This Scope includes expenses associated with California Department of
Fish and Wildlife (CDFW) fees.
Deliverables
• Responses to Comments
• MMRP
• Findings of Fact and Statement of Overriding Consideration
• Notice of Determination
Task 9.12 Environmental Project Management
Kimley-Horn will be responsible for Environmental Project Management, including team management and coordination, and ongoing
consultation with the City. Rita Garcia will serve as the Project Manager responsible for supervision of the Kimley-Worn Team. Rita will
provide overall project coordination and review the EIR for compliance with CEQA requirements and guidelines and City CEQA procedures.
Project management responsibilities include task scheduling and assignment; contract administration and accounting; and coordination and
communications with the City.
Trask 9.13 Meetings and Hearings
In accordance with the RFP, this task assumes attendance at the following meetings and public hearings:
■ Kick-off Meeting
• Scoping Meeting
• Six Project Coordination Meetings
• One Study Session and Four Public Hearings
On a monthly basis, Kimley-Horn will provide progress reports summarizing all work progress and billings to date. Each report will address
potential issues that may affect the project milestones, as well as recommendations to Keep the project on track. Hours for the Kick-off
Meeting and the Scoping Meeting are assumed in their respective task budgets. For budgeting purposes, meeting attendance is identified
under the billing rate for Rita Garcia. Additional meeting attendance by Kimley-Horn or attendance by other team members will be billed on a
time -and -materials basis.
City of Newport Beach • LPPL77002-X20
Kimley>#Horn 48
11-37
Summary of Deliverables and Project Assumptions
Our Scope of Work and cost proposal are based on submittal of all products and deliverables as set forth below. Internal review documents
Y411 be provided as electronic fifes; print copies are not assumed unless otherwise noted. Kimley-Horn will be responsible for reproduction and
distribution of all notices and documents. All distribution lists will be prepared by the City. Notices and CEQA documents will be provided in an
HTML, or other acceptable web -friendly format in order that text and graphics can be easily placed on the City's website.
• Draft Project Description
• EIR Outline
• Notices
u Draft Notice of Preparation/Notice of Scoping Meeting
p Notice of PreparatiorUNotice of Scoping Meeting — 24 print copies, 30 CDs, and transmittal in electronic format for posting on the City's
website. The N 0 P will be reproduced and distributed by Kim ley- Horn. The N 0 P wi11 be filed with the County Clerk -Recorder. The notice
will be sent by certified mailing to responsible agencies. We wi€1 also prepare and submit the Notice of Completion to the State Q#tice of
Planning and Research's State Clearinghouse.
n Notice of Availability of the Draft El — 24 print copies and transmittal in electronic format for posting on the City's website. The Notice of
Availability will be reproduced and distributed by Kimley- Hom. We will file the notice with the County Clerk -Recorder.
Notice of Completion —15 print copies of the Executive Summary, 15 CDs of the EIR with technical appendices, and the Notice of
Completion will be submitted to the State Clearinghouse.
u Notice of Determination. Kimley-Horn will file the Notice of Determination with the County Clerk -Recorder, and transmit the notice to the
State Clearinghouse.
>> Payment of California Department of Fish and Wildlife fees are excluded from our fee estimate.
• Scoping Meeting Materials. Kimley-Horn will be responsible for preparing a PowerPoint presentation, handouts, and comment cards.
• Administrative Draft EIR I -- 2 print copies and electronic copy. Technical appendices to be delivered on an USS flash drive or in an
electronic format.
• Administrative Draft EIR 11— 2 print copies and electronic copy. Technical appendices to be delivered on an USB flash drive or in an
electronic format.
• Pre-print Proof Draft EIR —1 electronic copy with technical appendices to be delivered on an USB flash drive or in an electronic format.
• Draft EIR —The documentations shall be provided as follows:
Up to 24 print copies of the EIR
54 CDs of the EIR and technical appendices
Draft EIR and technical appendices in an acceptable web format, so text and graphics can be easily placed on the City's website. This
task shall include breaking the document in smaller, easily downloadable portions.
u Technical Reports — One print copy each draft and final technical report. All technical reports in electronic format.
■ Response to Comments -- Up to 24 print copies distributed to commenting agencies.
• MMRP and Findings—To be delivered in an electronic format.
• Final EIR: Draft EIR, Responses to Comments, MMRP— 24 print copies (excluding EIR technical appendices), 34 USB flash drives or in an
electronic format.
City of Newport Beach • LM77002.2020
Kimley*Horn • 49
11-38
Anticipated Work Schedule
CITY OF NEWPORT BEACH HOUSING ELEMENT UPOATE — ESTIMATED SCI -IMM F
TASK mar Apr May June July Aug Sept Ott NOV Occ Jan Fen hear April May Jun July Aug Sept Oct
2D20 2020 2020 2020 2020 2020 2020 2020 2020 2020 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021
' • --------i>iiii♦--i---
kid
TASK SEVEN: MARKET AND FISCAL ANALYRJ' ,
TASK NINE: ENVIRONMFNTAL COMPUAN CE
KMTR-40.wa MAY:
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City at Newport Reach • LPPL77002,2.020
Kimley o Horn 50
11-39
EXHIBIT B
SCHEDULE OF BILLING RATES
Kimsey -Horn and Associates, Inc. Page B-1 11-40
EXHIBIT B
CITY OF NEWPORT BEACH - ESTIMATED FEES
Principal..Admin
SupportProject Planner Planner Planner /
GraphicsTASK Mgmt
TASK ONE: PROJECT PREP, OUTREACH, PM
..
...
$42U-
1.1 Kick -Off Meeting
4
4
$1,502
$3,270
1.2 Project Due Diligence/Outreach Framework
6
8
$2,986
1.2a Newport, Together Team Collaboration Meetings (3)
14
14
8
$7,148
1.3 Project Schedule
3
10
3
$2,855
1.4 Steering Committee/Advisory Committee (68 total)
578
442
306
$269,484
TASK TWO: HOUSING ELEMENT ASSESSMENT
4
$420
2.1 a Document Review
2
$550
2.1 b Evaluate Current Housing Element
3
$825
2.1c Needs, Constraints, Resources/Housing Profile
12
36
80
80
$34,000
2.2 Develop Housing Plan
4
16
24
$8,548
2.3a Community Outreach Plan
2
2
8
12
$3,756
2.3b Workshop #1
6
12
24
$6,534
2.3c Workshop #2
6
12
24
$6,534
2.3d City Council Study Session
6
12
10
$4,854
2.4 Draft Housing Element
$0
2.5 Screen Check Draft Housing Element
4
4
40
60
$15,840
2.6 Public Review Draft
4
4
20
30
$8,900
2.7 HCD Submittal
2
4
10
20
$5,480
2.8 Response to Comments
6
6
30
30
$11,550
2.9 Final Draft Housing Element
4
4
8
12
$4,736
TASK THREE: LAND USE ELEMENT AMENDMENTS
4
$420
3.1 Baseline Mapping/GIS
4
20
60
$11,640
3.2 Community Engagement
2
8
12
$3,326
3.3 Update to Land Use Designations
2
10
20
$4,620
3.4 General Plan Buildout Analysis
2
4
30
36
$10,740
3.5 Update to Goals and Policies
2
8
20
$5,610
TASK FOUR: CIRCULATION ELEMENT REVISIONS
4
$420
4.1 Preparation, Outreach & Management
$99,600 $99,600
4.2 Project Research & Data Collection
4
12
$20,200 $23,304
4.3 Market & Fiscal Analysis
$4,250 $4,250
4.4 Environmental Analysis
$12,400 $12,400
4.5 General Plan Amendment
4
16
$58,600 $62,372
TASK FIVE: TRANSPORTATION TECHNICAL ANALYSIS
4
$420
5.1-5.3 Existing and Future Conditions, LOS Analysis
4
16
$148,000 $151,772
5.4 Alternative Modes, VMT
$42,300 $42,300
5.5 Meetings
$20,900 $20,900
5.6 Draft Report and Responses/Revisions
4
16
$27,800 $31,572
5.7 Response to Draft PEIR Comments
$10,300 $10,300
TASK SIX: ENVIROMMENTAL JUSTICE POLICIES
2
12
16
4
$6,222
TASK SEVEN: MARKET AND FISCAL ANALYSIS
4
$420
7.1 Background and Data Collection
2
$2,490
$3,040
7.2 Market Assessment
3
$26,640
$27,465
7.3 Fiscal Analysis
3
$26,930
$27,755
7.4 Market and Fiscal Meetings
3
$9,500
$10,325
TASK EIGHT: PUBLIC HEARINGS AND ADOPTION
$0
8.1 Final Elements/HCD Certification
12
6
16
16
$9,182
TASK NINE: ENVIRONMENTAL COMPLIANCE
4
$420
9.1 Project Description
27
45
$12,825
9.2 SB 18/AB 52 Consultation
4
9
$2,180
9.3 IS/NOP
9
31
9
$7,140
9.4 Scoping Meeting
9
24
0
$5,355
9.5-9.8 Environmental Impact Report
125
175
300
50
$104,850
9.6 Environmental Analysis
$0-
9.7 Alts to Proposed Action
$0
9.8 Revised Admin Draft EIR
$0
9.9 Proof Check Draft EIR and Public Review
18
40
60
24
$21,350
9.10 Final EIR
$0
9.10a Response to Comments
24
24
52
24
$19,368
9.10b MMRP
2
12
$1,990
9.10c Findings/Overriding Considerations
24
36
$10,920
9.11 Notice of Determination
2
$240
9.12 EIR Project Management
60
$16,500
9.13 Meetings and Hearings
70
24
$23,258
Expenses (travel, copies, etc.)
$12,000
TOTAL HOURS
1091
106
1177
1334
135
3843
TOTAL PROFESSIONAL LABOR COSTS
$300,025
$22,790
$196,559
$160,080
$14,175 $67,0621
$195,050 $249,300 $ 1,217,461
NOTE: FEES ARE GENERAL ASSUMPTIONS BASED ON DESCRIPTIONS IN THE RFP. KIMLEY-HORN RECOMMENDS HOURS ALLOCATIONS BE DISCUSSED PRIOR TO CONTRACT TO
ENSURE COMPLIANCE WITH OVERALL GOALS OF THE CITY.
11-41
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager,
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Kimley-Horn and Associates, Inc. Page C-1
11-42
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liabili Errors & Omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Kimley-Horn and Associates, Inc. Page C-2 11-43
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Kimley-Horn and Associates, Inc. Page C-3 11-44
F. City Remedies for Non -Compliance. if Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. 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, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Kimley-Horn and Associates, Inc. Page C-4 11-45