HomeMy WebLinkAbout12 - PSA for the Proposed Surf Farm Project at 3100 Irvine Avenue (PA2024-0069)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 27, 2024
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Joselyn Perez, Senior Planner - 949-644-3312,
jperez@newportbeachca.gov
TITLE: Professional Services Agreement with EPD Solutions for
Environmental Services for the Proposed Surf Farm Project at 3100
Irvine Avenue (PA2024-0069)
ABSTRACT:
For the City Council's consideration is a Professional Services Agreement (PSA) with
Environment Planning Development Solutions, Inc., dba EPD Solutions for the
preparation of an environmental impact report (EIR) related to a proposed private
development project known as Surf Farm located at 3100 Irvine Avenue.
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 because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Authorize the Mayor and City Clerk to execute a Professional Services Agreement
with Environment Planning Development Solutions, Inc. for an EIR Related to the
Proposed Surf Farm Project in an amount not to exceed $277,630 in a form
substantially similar to the agreement attached to this staff report.
DISCUSSION:
On April 17, 2024, CAA Planning, on behalf of Back Bay Barrels LLC (Applicant),
submitted an entitlement application proposing the redevelopment of a 15-acre portion of
the existing Newport Beach Golf Course as a 7-acre surf lagoon and supporting uses.
The proposed project site is located at 3100 Irvine Avenue and is identified in the aerial
view provided below as Figure 1.
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Professional Services Agreement with EPD Solutions for Environmental Services for the
Proposed Surf Farm Project at 3100 Irvine Avenue (PA2024-0069)Profess ionaI
Services Agreement with EPD Solutions for Environmental Services for the Proposed
Surf Farm Project at 3100 Irvine Avenue (PA2024-0069)
August 27, 2024
Page 2
Figure 1: Project site (3100 Irvine Ave.) outlined in red.
As proposed, outdoor areas around the lagoon will be developed to provide seating and
lounging areas, wave viewing platforms for spectators, private cabanas with bathrooms
and showers, and three warming pools. Two new buildings are proposed. The main
building will be three -stories tall over a subterranean basement with a maximum height
of 50 feet. It will house subsidiary uses such as health and fitness facilities, a surf -related
retail store, locker rooms, storage lockers, and food service. A second, smaller, building
will be two stories and a maximum height of 45 feet. The smaller building will provide
20 overnight accommodations for athletes. The site will be served by two surface parking
lots that will provide 290 spaces along with a designated drop-off and valet area. All
existing improvements on the project site, including an approximately 38-bay partially
covered driving range, a putting green, three holes of the golf course (holes 1, 2, and 9),
a pro shop, and a restaurant with a full bar, will be removed as part of this project.
The proposed project requires a general plan amendment, a conditional use permit, a
major site development review, and a modification permit. While an initial study has not
been completed for the project, both City of Newport Beach staff and the Applicant's
representative anticipate that an environmental impact report (EIR) will be the most
appropriate environmental document to satisfy California Environmental Quality Act
(CEQA) requirements.
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Professional Services Agreement with EPD Solutions for Environmental Services for the
Proposed Surf Farm Project at 3100 Irvine Avenue (PA2024-0069)Profess ionaI
Services Agreement with EPD Solutions for Environmental Services for the Proposed
Surf Farm Project at 3100 Irvine Avenue (PA2024-0069)
August 27, 2024
Page 3
Request for Proposals
Based on Purchasing Policy (AP-001), staff released a Request for Proposals (RFP)
seeking responses from qualified consultants interested in assessing the potential
environmental impacts of the project and preparing an EIR in compliance with CEQA. The
RFP was posted on the City's public procurement system (PlanetBids.com) on
May 23, 2024, and distributed directly to a short list of planning firms. The response
deadline was June 21, 2024, and five responses were received: Dudek, Inc. (Dudek),
Dynamic Planning + Science (Dynamic), Environment Planning Development Solutions,
Inc. DBA EPD Solutions (EPD), LSA Associates, Inc. (LSA), and PlaceWorks.
The City employed a three -step process to evaluate the proposals and select a
consultant. The steps included a technical review, a cost -ratio analysis, and interviews.
Two City staff members and one representative of the Applicant participated on the
three -person rating panel.
Step 1 (Technical Review) did not consider cost rather the proposals were evaluated
based on qualifications and experience of the firm and key personnel, method of
approach, and ability to expedite the schedule. Proposals were required to earn a
minimum of 70% of the available points to advance to Step 2 (Cost -Ratio Analysis) and
Step 3 (Interview). Two firms, Dynamic and PlaceWorks, did not earn the minimum
necessary points to progress beyond Step 1.
Dudek, EPD and LSA were evaluated for cost and invited to interview with the
three -person panel. The panel had the opportunity to adjust technical scores based on
the firms' performance in the interview.
Through the process, EPD emerged as the consultant with the highest overall score.
A summary of the scores is provided below in Table 1. Based on this ranking, the City
issued a Notice of Intent to Award to EPD on July 31, 2024.
Table 1, Proposer Scores
Proposer
Technical Score
Cost Ratio
Aggregate
Overall
(2400 Max
Score
Score
Rank
Points)
(600 Max
(3000 Max
Points)
Points)
Dudek
1,720.00
600.00
2320.00
3
EPD
2,140.00
441.22
2581.22
1
LSA
1,890.00
534.05
2424.05
2
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Professional Services Agreement with EPD Solutions for Environmental Services for the
Proposed Surf Farm Project at 3100 Irvine Avenue (PA2024-0069)Profess ionaI
Services Agreement with EPD Solutions for Environmental Services for the Proposed
Surf Farm Project at 3100 Irvine Avenue (PA2024-0069)
August 27, 2024
Page 4
EPD Work Plan
The work plan submitted by EPD includes peer review of technical studies submitted by
the Applicant, preparation of the EIR, publishing and distributing the EIR, response to
public comments on the EIR, support for City staff with conducting tribal outreach, hosting
public meetings as required by CEQA, attendance at public hearings required for project
approval (such as Planning Commission, City Council, and Airport Land Use
Commission), and project coordination with City staff. A full scope of work is available as
part of the draft PSA, which is included to this staff report as Attachment A.
Proiect Schedule
The proposal assumes the EIR and project approvals will be completed approximately
10 months from project kick-off. The contract's term would be for 12 months with one,
12-month extension available as contingency.
FISCAL IMPACT:
There is no fiscal impact related to this item. Although the City is entering into the PSA
with EPD, the entire cost of this consulting service, $277,630, will be paid by the Applicant.
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, 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 EPD Solutions, Inc.
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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC. FOR
EIR RELATED TO PROPOSED SURF FARM PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 27th day of August, 2024 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC., a California
corporation ("Consultant"), whose address is 3333 Michelson Drive, Suite 500, Irvine, CA
92612, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant for the preparation of an EIR related to a
proposed surf farm project ("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 August 31, 2025, unless terminated earlier as set forth herein. The City shall
have the option to renew this Agreement for an additional one (1) year term, upon the
same terms and conditions set forth herein, upon .written notice to Consultant prior to the
end of the initial term.
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), business 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 for the initial
term and all renewal terms, if any, including all reimbursable items and subconsultant
fees, shall not exceed Two Hundred Seventy Seven Thousand Six Hundred Thirty
Dollars and 00/100 ($277,630.00), 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.
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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.
S. 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 Konnie Dobreva 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
Environment Planning Development Solutions, 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. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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.
r
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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
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of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
.17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at. City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or,persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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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.
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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 seq., 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.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Senior Planner
Community Development Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Konnie Dobreva
Environment Planning Development Solutions, Inc.
3333 Michelson Drive, Suite 500
Irvine, CA 92612
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,
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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
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) business days, or if more than two (2) business days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) business 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 anytime 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
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
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28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and' any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Environment Planning Development Solutions, Inc. Page 10
12-14
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: l?1
By: ►�
r n C. Harp ��
00 Attorney 64
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Will O'Neill
Mayor
CONSULTANT: Environment Planning
Development Solutions, Inc., a California
corporation
Date:
By: By:
Leilani 1. Brown Jeremy Kraut
City Clerk Chief Executive Officer, Chief Financial
Officer, Secretary
[END OF SIGNATURES)
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Environment Planning Development Solutions, Inc. Page 11
12-15
EXHIBIT A
SCOPE OF SERVICES
Environment Planning Development Solutions, Inc. Page A-1 12-16
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WHERE EXPERIENCE AND PASSION MEET
June 21, 2024
Finance Department
City of Newport
100 Civic Center Drive
Newport Beach, California 92660
Attn: Shaun Tormey
stormey@ newportbeachca.gov
RE: Proposal for the Preparation of an Environmental Impact Report (EIR) Related to Proposed Surf Farm
Project (RFP No. 24-78)
Dear Mx. Tormey,
Thank you for inviting us to submit this proposal for California Environmental Quality Act (CEQA) analysis
for the Surf Farm Project (project) in the City of Newport Beach. Based on review of the Request for
Proposals (RFP), we understand the City seeks a qualified consultant to assist with preparation of an
Environmental Impact Report (EIR) and peer review of the technical studies for the proposed Project. EPD
has extensive experience providing environmental planning related services for numerous agencies. As a
firm local to Orange County, EPD has experience with complex projects in the County subject to public
scrutiny. We have outlined below whreat we feel to be additional noteworthy considerations that set us
apart:
• Environmental Documentation Experience. EPD's staff has completed hundreds of documents
in compliance with CEQA. These documents have included CEQA exemptions, addenda,
mitigated negative declarations, and environmental impact reports for a wide array of
projects, including residential development, small- and large-scale commercial and industrial
facilities, master plans and General Plans. We have also completed CEQA compliance
documentation throughout Orange County, including complex and high -profile EIRs in the City
of Santa Ana that have undergone review by the Orange County Airport Land Use
Commission. Within the past year, EPD completed the Draft EIR forthe Related Bristol Specific
Plan Project, which will go to hearing this year. EPD worked closely with the City staff and the
applicant team under the direction of the City attorney, to circulate the public review Draft
EIR within 6 months of project initiation. With this background, we are able to produce CEQA
documents of the highest quality within the City of Newport Beach's desired timeframe.
• Senior CEQA Experts and Project Management Team. EPD brings to the City of Newport Beach
an experienced team skilled in complex projects and knowledgeable about CEQA standards
and expectations. The proposed Project would be managed by principal -level staff, who
would be available as required to attend in -person meetings or conference calls with City staff
to ensure information exchange is smooth and any issues that arise are resolved quickly. We
also have an in-house traffic engineer who will manage the review of the project traffic study
and completion of related sections in the CEQA document.
12-18
+ Capacity and Responsiveness. EPD takes production controls seriously. The EPD team
maintains sufficient capacity for preparation and management of highly complex
assignments. We develop a realistic project schedule very early in the process and work with
all parties involved to ensure individual tasks remain on target.
• Dedicated Technical Expertise. EPD maintains in-house staff with advanced capabilities in all
topic areas required for analysis, including a team of 14 dedicated environmental planners.
We also have substantial experience in managing a substantial number of technical studies to
ensure analyses are thorough and complete and proceed on schedule and on budget.
• Loco! Knowledge. EPD has created a culture that makes working in the office highly desirable
for the team. This is supported by the numbers: 12 of the 14 environmental planners work in
the office and are therefore highly knowledgeable of the area due to the short 3.1-mile drive
to the project site and 5.4-mile drive to the Newport Beach Civic Center. EPD's team, which
includes Newport Beach residents, has also familiarized itself with the City's General Plan,
Municipal Code and history of land use decisions.
The following is our proposed scope of work for the project. Our proposed cost is included under a
separate file. We look forward to working with you and discussing this exciting opportunity with you
further. Should you have any questions, please do not hesitate to contact us at konnie@epdsolutions.com
or (949) 794-1183.
Respectfully submitted,
EPD Solutions, Inc.
Y, ID06uor�
Konnie Dobreva, JD
Vice President of Environmental Planning
12-19
June 21, 2024
City of Newport Beach Surf Farm Project
QUALIFICATIONS AND EXPERIENCE OF THE FIRM
The EPD team has extensive experience providing environmental planning and permitting services,
including the preparation of CEQA and NEPA documents, to many jurisdictions throughout Southern
California. EPD's previous experience providing CEQA services on behalf of jurisdictions, including complex
CEQA documentation for projects requiring review by Airport Land Use Commissions and the Federal
Aviation Administration, makes EPD uniquely suited to perform the CEQA, technical, and airport land use
planning analysis for the proposed project.
The following table provides a brief snapshot of some of the CEQA-related projects EPD has worked on in
the last five years, showcasing EPD's diverse project experience. Following the table are summaries of
select projects.
Project Name
Project Type
Year
Location
E
Services
a)
Provided
P
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cn
Enderle Center Rezone Project
Government
Ongoing
Tustin
✓
✓
The Market Place Rezone Project
Government
Ongoing
Tustin
✓
✓
Tustin Legacy Specific Plan
Ongoing
Tustin
✓
Amendment
Government
✓
747 Barranca Residential 15183
Residential
2024
Covina
✓
✓
Redlands RHNA Rezone
Government
Ongoing
Redlands
✓
Related Bristol Specific Plan EIR
Mixed Use
Ongoing
Santa Ana
✓
Advanced Technology & Education
Institutional
Ongoing
Tustin
✓
✓
Park (ATEP) Planning and CEQA
Wood and Lurin Residential EIR
Residential
2023
City of Riverside
✓
✓
Signal Hill Self Storage COA
Commercial
2023
Signal Hill
✓
Amendment CEQA Exemption
Chase Road Residential
Residential
2023
Fontana
✓
✓
Gierson Ranch Residential Project
Residential
2023
Murrieta
✓
Rancho
Waterford Mixed -Use Project
Mixed Use
2023
✓
✓
Cucamonga
South Poplar Distribution Center
Industrial
2023
Fontana
✓
✓
Mesa Linda Warehouse
Industrial
2023
Hesperia
✓
✓
County of Los
Griswold Residential Project EIR
Residential
2023
✓
✓
✓
Angeles
Cottonwood Collection
Residential
2023
Moreno Valley
✓
✓
✓
San Bernardino
Arrow Route Industrial Project
Industrial
2023
✓
✓
✓
County
Mission Trail Lake Elsinore
Residential
2023
Lake Elsinore
✓
✓
Kings CSG 3 Solar Project
Energy
2023
Kings County
✓
✓
✓
12-20
June 21, 2024
City of Newport Beach Surf Farm Project
Project Nam
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Project Type
compleltel
Location
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Services
r_
Provided
(U
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LA
Kirby Street Warehouse
Industrial
2023
Hemet
d
V
.,
V
Ethanac and Barnett Warehouse
Industrial
2023
Menifee
hI
V
Riverside
Water Street and Harvill Ave
Industrial
2023
YO
40
County
Slater Avenue Mixed -Use Project
Mixed Use
2022
Fountain Valley
V
r/
RanchoCucamonga
Arrow Rochester Warehouse
Industrial
2022
Transit Villages Specific Plan EIR
Government
2022
Redlands
d
V
Tustin Housing Element and MND
Government
2022
Tustin
V
Rancho
State Street Village SCEA
Mixed Use
2022
Cucamonga
VO
Covina Recreation Village CEQA
Recreation
2022
Covina
r/
and NEPA
Well 28 Installation
Public
2021
City of Orange
V
Y/
Works
City Center Redlands
Mixed Use
2022
Redlands
V/
V
Huntington
Holly Triangle Townhomes
Residential
2022
Beach
Garry Avenue Business Park
Industrial
2022
Santa Ana
S/
✓
Village at 707 N Barranca
Mixed Use
2022
Covina
Vd
Visalia CSG Solar
Energy
2022
Tulare County
V
►/
Norco Housing Element
Residential
2021
Norco
V
Covina Bowl
Residential
2021
Covina
V
PreZero Redevelopment
Industrial
2020
Jurupa Valley
V
d
Carden School Residential
Residential
2020
Whittier
W/
V
Humboldt
North Coast Highway Solar
Energy
2020
V
County
The Bowery
Mixed Use
2020
Santa Ana
V
4/
Kia Dealership
Commercial
2020
Moreno Valley
V
VI
Pioneer Building Development
Industrial
2020
Santa Fe
J
V
Springs
Palomino Business Park
Commercial 1
2020
Norco
,/
V/
Commercial
Riverside
Twelve Oaks Winery Resort
2020
�NO
Residential
County
12-21
Services Provided
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EI P 1 D SOLUTIONS.INC 1 949.794.1180 1 epdsolutions.com 1 3333 Michelson Drive, Suite 500 1 lrvine,CA92612
Due Diligence • Entitlement - Environmental Planning - Development & Construction Management • Policy Planning • Technical Services • Property Management
June 21, 2024
City of Newport Beach 5urf Farm Project
QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL
The following key staff members lead the EPD Project Management Team. The City's primary day-to-day
contact and CEQA Project Manager would be Terrance Smalls, assisted by Meaghan Truman.
Qualifications and resume summaries for these and other staff are provided below.
• Konnie Dobreva, JD, Vice President of Environmental Planning — Project Director, Quality
Assurance/Quality Control
• Jeremy Krout, AICP, President — Client Services
• Terrance Smalls, Principal Environmental Planner — Project Manager, Document Review and
preparation
• Meghan Macias, PE, Director of Technical Services --Technical Document Review and Preparation
• Renee Escario, Senior Environmental Planner — Document Review and preparation
• Meaghan Truman, Associate Environmental Planner III — Deputy Project Manager, Document
Preparation
• Danielle Thayer, Associate Environmental Planner 11 — Research, Document Preparation
Konnie Dobreva,JD, Vice Presidentof Environmental Planning. Konnie has 25 years of public- and private -
sector planning and legal experience, including the preparation of environmental documents for a wide
range of projects, including General Plan and Housing Element updates, small-scale residential, large
master planned communities, commercial office, industrial, solar, and mixed -use. Her extensive
experience has made her a keen strategist and an effective writer of legally defensible environmental
documents.
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June 21, 2024
City of Newport Beach Surf Farm Project
Konnie has a Bachelor of Arts in Environmental Analysis and Design from the University of California, Irvine
and a Juris Doctor from Pepperdine University. As previously noted, she is the Administrative Vice
President for the California Association of Environmental Professionals (AEP), a 14-year Board member of
the Orange County AEP and has twice served as co-chair of the AEP State Conference, and is a frequent
lecturer on CEQA for the AEP Advanced CEQA and CEQA Essentials workshop series.
Jeremy Krout, AICP, LEED GA, President. Jeremy, the founder of EPD, has experience in both the public
and private sectors, which has allowed him opportunities to prepare and manage various types of
environmental documents and project entitlements. Jeremy's experience spans a diverse range of
uniquely complex land use planning and entitlement projects, due diligence studies, general plan
amendments, zone changes, environmental impact reports, development agreements, and construction
projects. His clients have entrusted him with these responsibilities based on his problem -solving approach
and extensive real -world experience in creating CEQA documents based on sound research and well -
articulated strategies and many successes on exigent projects.
Jeremy has dual Bachelor of Arts degrees in Geography and Environmental Studies from the University of
California, Santa Barbara, and a Master of City and Regional Planning from Cal Poly San Luis Obispo. He is
an active member of the American Planning Association and is certified by the American Institute of
Certified Planners (AICP).
Terrance Smalls, Principal Environmental Planner. Terrance Smalls is a seasoned urban planning
professional with over 15 years of experience dedicated to enhancing communities through strategic
planning and resource management. With a background in urban planning and extensive experience in
environmental assessment and policy formulation, Terrance has been instrumental in guiding large-scale
projects towards compliance with regulatory standards while minimizing ecological impact. Terrance
possesses extensive experience in preparing CEQA and NEPA documents, while also overseeing project
documentation, implementation, and compliance for projects. While at Kern County's Planning and
Natural Resources Department, he served as a Supervising Planner, where he led the Advanced Planning
Unit and spearheaded the development of the Kern County General Plan Update. During his tenure with
the United States Navy Naval Facilities Engineering Command (NAVFAC), Terrance played a pivotal role in
in coordinating engineering projects and supporting over 140 tenant commands across multiple sprawling
naval installations, both stateside and abroad. His contributions were instrumental in the successful
execution of multi -million -dollar construction projects and the development of comprehensive plans to
optimize infrastructure utilization.
Meghan Macias, Director of Technical Services. Meghan leads EPD's Technical Services team, preparing
analyses and planning documents related to transportation, air quality, GHG emissions, and energy. She
has a proven track record of managing complicated and controversial projects to achieve defensible and
implementable solutions to technical issues, obtained from over 20 years of experience in the
transportation planning field, and has worked on hundreds of projects throughout California including
land development, infrastructure, active transportation, and Master, Specific, and General Plans.
Meghan is a licensed California Traffic Engineer (#2697). She has overseen all types of traffic analysis
services, including preparing TIAs and parking analyses; forecasting future traffic generation using ADT,
LOS, and VMT; developing traffic mitigation measure recommendations and fair share calculations; and
coordinating preparation of intersection design plans, traffic signal design plans, and other related
services. She has a deep understanding of the regulations and methodologies used by local and regional
agencies throughout California, including application of local traffic study guidelines, CMPs, and CEQA
requirements.
June 21, 2024
City of Newport Beach Surf Farm Project
Renee Escario, Senior Environmental Planner. Renee has over 20 years of experience providing
environmental consulting services, which include managing the preparation of a variety of complex
environmental compliance documents. Her CEQA technical experience includes working through and
mitigating both programmatic planning level and site -specific issues related to all environmental resource
topics. Renee is accomplished in working with technical specialists to both identify potential impacts and
potential mitigation solutions to both alleviate project effects and move the project forward. Renee also
manages a wide range of community planning projects, which include land use planning, municipal service
and infrastructure planning, and jurisdiction boundary related projects. Of these planning projects, Renee
specializes in evaluating the potential effects to service provision and infrastructure as additional
development, redevelopment, or growth occurs within a jurisdiction or agency.
Meaghan Truman, Associate Environmental Planner 111. Meaghan has over five years of experience in the
areas of environmental planning, entitlements, and policy planning. Professional experience includes
preparation of environmental assessment documents and technical studies, in compliance with CEQA and
NEPA for both private and public sector clients, and project management of a diverse range of projects.
She has managed and prepared environmental documents for a diverse range of projects and clients:
small-scale residential and large specific plans, community parks, industrial, mixed -use, and schools.
Meaghan has worked on numerous controversial development projects in Orange County, including
projects that required review from the Orange County Airport Land Use Commission. Meaghan also sits
on the Orange County Association of Environmental Professionals Board of Directors and was a
conference track chair for the 2024 Association of Environmental Professionals Conference in Anaheim.
Her educational background is in environmental studies with a focus on policy and law.
Danielle Thayer, Associate Environmental Plannerll. Danielle has over nine years of experience practicing
environmental planning and policy analysis. Her experience working directly with federal and state
agencies, such as the Army Corps of Engineers, Caltrans, HUD, and various cities and counties, to oversee
the CEQA and NEPA process is expansive. Danielle has supported cities as an extension of City staff in large
planning efforts, including the preparation of two housing elements, facilitation of several large rezoning
efforts, and coordination amongst various agencies in the mitigation of environmental impacts and
application of state regulations. Additionally, Danielle has worked with numerous local agencies in Orange
County and Los Angeles County, such as the Cities of Tustin, Long Beach, and Pomona to successfully guide
several large development projects through the environmental planning process on behalf of private
developers and City staff.
METHOD OF APPROACH
PROJECT OVERVIEW
The project site is located at 3100 Irvine Avenue in the City of Newport Beach (APN 119-200-41). The
project site is approximately 15.38 acres and is developed with a portion of the Newport Beach golf
course. Existing uses within the project site include a driving range, putting green, pro shop, restaurant,
and surface parking lot. The Upper Newport Bay Nature Preserve is located approximately 1,500 feet to
the south of the site. John Wayne Airport is located approximately 1,000 feet to the north of the site and
the project site is within Zone 2 and 4 of the Airport Environs Land Use Plan. The site has a General Plan
land use designation of Parks and Recreation (PR) and is within the Santa Ana Heights Specific Plan (SP-7)
with a designation of Open Space and Recreation. The project site is identified within Table LU2 (Anomaly
Locations) of the Land Use Element as Anomaly Number 58, which sets a development limit of 20,000 SF
for the site. The project site is not within the coastal zone.
12-25
June 21, 2024
City of Newport Beach Surf Farm Project
The project would demolish the existing golf course infrastructure to develop a surf lagoon and associated
ancillary uses. The primary use would be a 7-acre surf lagoon with outdoor areas around the lagoon to
provide seating and lounging areas, wave viewing platforms for spectators, private cabanas, bathrooms
and showers, and three warming pools. Two new buildings are proposed resulting in a total square
footage of 59,000 SF. The main building will be three stories tall over a subterranean basement with a
maximum height of 50 feet above grade, which would include health and fitness facilities, a retail store,
locker rooms, storage lockers, and food service. A second building would be two stories tall and 45 feet
above grade.
The project would include a General Plan Amendment to increase the development intensity associated
with Anomaly Number 58, a Conditional Use Permit, a major Site Development Review, and a Modification
permit. Due to the project's proximity to John Wayne Airport, the project will also require review by the
local Airport Land Use Commission (ALUC) and the Federal Aviation Administration (FAA).
PROJECT APPROACH
Based on our thorough review of the RFP, it is our understanding that the City desires an Environmental
Impact Report (EIR) to be prepared to assess the project's impacts. EPD acknowledges the City's need for
an expedited project timeline. To facilitate this, EPD will present a comprehensive project description for
City review at the project kickoff. Additionally, EPD will streamline the EIR process by working on multiple
stages concurrently drafting the Notice of Preparation (NOP) once the project description is finalized, and
proceeding with the drafting of the Administrative Draft EIR while the NOP is in circulation.
EPD also possesses a team comprised of 14 highly skilled Environmental planners and we are equipped to
allocate the necessary resources for a rapid turnaround of the Draft EIR, including addressing comments
from the City and the public efficiently. Drawing from our extensive experience with complex, expedited
projects, EPD has consistently delivered screencheck drafts of EIRs in days rather than weeks.
SCOPE OF SERVICES
Scope of Work: Based on the RFP, the following tasks will be needed for CEQA compliance for the
proposed project.
Task 1: Project Kick -Off Meeting & Preparation of Project Description
Task 2: Review of City Documents and Data Collection
Task3: Technical Studies
Task 4: 513 18 and AB 52 Consultation
Task 5: Environmental Impact Report (EIR)
Task 6: Meetings & Public Hearings
Task 7: CEQA Project Management & Coordination
Task 8: Site Visit
TASK 1: PROJECT KICK-OFF MEETING & PREPARATION OF PROJECT DESCRIPTION
Task 1.1: Project Kickoff Meeting
Upon receipt of the signed contract, EPD will schedule an in -person Kick-off meeting with the project
team. EPD will identify the project manager(s) who will participate in the kick-off meeting. In addition,
EPD will draft an agenda in advance of the meeting and will deliver minutes via email to the entire project
team. Key topics to be discussed during this meeting may include the following:
1. Communication of processes and roles.
12-26
June 21, 2024
City of Newport Beach Surf Farm Project
2. Refinement to the project schedule.
8. Additional project information needed.
4. Understanding of the existing uses.
5. Obtaining additional detail on the project entitlements, including, but not limited to:
a. Preliminary plans and design specifications
b. Construction and operational parameters
c. Any other pertinent information that would guide the project description.
5. Identifying project objectives.
7. Discussing parameters of any project alternatives/variations the project applicant/City are
considering.
8. Obtaining technical studies completed for the project and discussing the preparation of new
technical studies.
After the kick-off meeting, EPD will prepare a refined CEQA schedule and submit to the City for approval.
Task 1.2: Preparation of Project Description
Prior to the initiation of the environmental document, EPD will develop a detailed project description. The
project description is a critical first step in the CEQA compliance process. With all available background
information, we will prepare a project description to allow for an efficient and well -supported analysis of
all environmental issue areas to be studied in the CEQA document.
One of the keys to successful CEQA compliance is a clear definition of the project and its components. The
project description must be complete, comprehensive, stable, and finite to analyzethe impacts accurately
and fully. The project description will need to programmatically describe the potential scope of project
improvements, implementation schedule and phasing, infrastructure requirements, construction process,
and any offsite improvements required for implementation of the proposed project. As needed, we will
identify and seek out any additional information to develop a thorough and complete project description.
We will also conferwith the project team during this early process to discuss the potential environmental
impacts of the proposed project. This upfront evaluation of impacts will allow the project team to consider
project measures that would minimize environmental impacts, a process known as "mitigation by design."
Afterthis initial analysis, EPD will discuss with the project team the results and identify any potential issues
relative to the impact analysis.
EPD will provide a draft of the project description to the project team for review prior to using it in the
CEQA document. EPD will make revisions as necessary; one round of revision is assumed.
Task 1 Deliverables
Quantity
Format
Description
1
PDF/Ward
Refined CEQA Schedule
1
PDF/Word
Project Description
TASK 2: REVIEW OF CITY DOCUMENTS AND DATA COLLECTION
EPD will review the applicable General Plan chapters, Zoning Code sections, Airport Environs Land Use
Plan (AELUP) forJohn Wayne Airport, and other relevant documents required for Environmental Analysis.
The consultant team shall coordinate with City staff and those of any other relevant agency or agencies
for data collection. In addition, EPD will coordinate with the City and, if allowed, the Applicant team for
data collection and any other information necessary to the CEQA Analysis.
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June 21, 2024
City of Newport Beach Surf Farm Project
Task 2 Deliverables
Quantity
Format
Description
i
PDF/Word
Request for Additional Information (if needed)
TASK 3: TECHNICAL STUDIES
Task 3.1: Peer Review of Existing Technical Studies
EPD will review any supporting technical studies provided by the City or Applicant for CEQA adequacy to
ensure they are adequate to respond to questions and consistent with the project description. EPD will
provide any comments or revisions directly in track changes within the technical studies in order to allow
for easy revision of the documents. With the City's permission, EPD can coordinate directly with the
Applicant's consultants to clarify comments and expedite the review process. Upon receiving updated
studies, EPD will conduct a second adequacy review to assure that all studies provide the necessary
information for a legally defensible CEQA document.
• Biological Resources
• Cultural Resources
• Air Quality/Greenhouse Gas Emissions
• Noise
• Utilities
• Phase I and II Environmental Site Assessments
• Water Quality Management Plan
• Fire Master Plan
• Photometrics
• Geotechnical
• Aesthetics
• Energy
• Hazards and Hazardous Materials (including FAA/ALUC)
• Hydrology/Water Quality
EPD will provide any comments or revisions directly in track changes within the technical studies in order
to allow for easy revision of the documents. With the City's permission, EPD can coordinate directly with
the Applicant's consultants to clarify comments and expedite the review process. Upon receiving updated
studies, EPD will conduct a second adequacy review to assure that all studies provide the necessary
information for a legally defensible CEQA document.
Task 3.2: Trip Generation and Transportation Screening Analysis
As noted in the RFP, the Applicant is preparing the traffic analysis and trip generation for the project. EPD
will peer review the applicant's prepared trip generation to confirm that the trip generation is consistent
with the project description and provides a reasonable estimate when compared to the anticipated
operation of the site.
If EPD does not find the trip generation adequate for CEQA analysis, it will be necessary to generate trips
for the proposed project using either an estimate of trips based on the anticipated operations, or by
collecting trip generation surveys at similar sites since Engineers (ITE) does not have a trip generation rate
for a surf lagoon. Based on our research, only a few similar sites are in operation in California, and others
are in the planning stage. The sites in operation are similar to the project, however they have additional
12-28
June 21, 2024
City of Newport Beach Surf Farm Project
amenities such as water slides, or are primarily used for large competition events. Therefore, it may not
be possible to obtain a survey at a similar site since this is a new land use. As a result, EPD will determine
project trips based on an estimate of hourly guests and employees. Existing trips generated by the project
site will be determined based on a survey of the site. 24-hour traffic counts will be taken at the golf course
driveway for two typical weekdays. Existing trips will be credited to the project trip generation.
If, based on the project trip generation or other factors, a LOS or VMT analysis is required, EPD has in-
house capability to prepare both analyses if the applicant team is not able to provide the transportation
studies. However, because the existing project site generates significant vehicle trips, we believe that the
project would not generate 300 or more daily trips and therefore would not be required to prepare either
a Level of Service (LOS) or Vehicle Miles Traveled (VMT) analysis. Tasks associated with completing the
screening memos are described below.
Level of Service (LOS) Screening Memo
Based on our review of the City's Levels of Service (LOS) exemption criteria and review of the project
description, EPD believes that the project would not be required to prepare a LOS analysis. EPD will
prepare a technical memorandum comparing the project's trip generation to the thresholds contained in
the City's TIA guidelines to determine if a TIA evaluating LOS would be required for the project. The memo
will provide a justification for the project's exemption from a TIA and will be submitted to the City for
review and comment. One revision to the memo will be prepared to respond to City comments.
Vehicle Miles Traveled (VMT) Screening Memo
EPD has reviewed the City's VMT screening criteria and believes that the project would meet one or more
of the criteria, eliminating the need for further VMT analysis. EPD will prepare a technical memorandum
evaluating whether the project would be required to prepare a vehicle -miles traveled (VMT) analysis. All
of the City's VMT screening criteria will be evaluated in the memo. The memo will be submitted to the
City for review and one revision to the memo will be prepared, if necessary, to respond to City comments.
Task 3.3: Technical Project Coordination
As part of the technical analyses, project coordination would be required to ensure efficient coordination
is being conducted between the City of Newport Beach, the client, and any subconsultants that are
authorized to conduct consultancy services for the project.
TASK 4: TRIBAL CONSULTATIONS
EPD will support the City in completing the Native American consultation process. As the Lead Agency,
the City holds the responsibility for initiating the Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18)
processes. EPD will provide assistance by contacting the Native American Heritage Commission and local
tribes, requesting the Sacred Land File search on behalf of the City, and preparing templates and/or
drafting AB 52/ SB 18 notification letters for the City's review and approval. EPD will manage the
preparation and distribution of all mailings and will attend any Native American consultations upon the
City's request.
Task 4 Deliverables
Quantity
Format
Description
1
PDF/Word
Tribal Consultation Notifications
June 21, 2024
City of Newport Beach Surf Farm Project
TASK 5: ENVIRONMENTAL IMPACT REPORT (EIR)
The following subtasks will be performed in support of an EIR.
Task 5.1 Public Notices
Task 5.2 Scoping Meeting
Task 5.3 Preparation of Administrative Draft EIR (DEIR)
Task 5.4 Preparation of Public DEIR
Task 5.5 Final EIR (FEIR) including Response to Comments, Findings of Fact, Statement of
Overriding Considerations, and Mitigation Monitoring and Reporting Program
Task 5.1: Public Notices
Notice of Preparation
EPD will prepare a Notice of Preparation (NOP) consistent with Section 15082 of the CEQA Guidelines.
EPD will then provide the NOP for City of Newport Beach review, including all required text and graphics.
EPD will coordinate document distribution, including a submittal to the State Clearinghouse and County
Clerk. EPD assumes that the City of Newport Beach will provide a mailing list of all interested parties to
receive the document and the Applicant will provide the mailing list pursuant to the City of Newport
Beach's public noticing requirements. Distribution will be per CEQA requirements and via U.S. mail. In
addition, EPD can post the NOP onsite or in the local newspaper, if the City requests.
Notice of Availability & Notice of Completion
With release of the Draft EIR, EPD will prepare and submit a Notice of Completion (NOC) to the State
Clearinghouse. A Notice of Availability (NOA) will also be prepared. Upon City of Newport Beach approval,
EPD will coordinate the submission of the Draft EIR, NOA, and the NOC to the State Clearinghouse and the
NOA to the County clerk. In addition, EPD can post the NOA onsite or in the local newspaper, if the City
requests.
Notice of Determination
Within 5 days of the Final EIR certification and project approval, EPD will prepare and file a Notice of
Determination (NOD) with the applicant -provided filing fee with the Orange County Clerk. The NOD will
use the City's standard form. In addition, EPD will post the NOD to the State Clearinghouse on behalf of
the City.
Task 5.2: Scoping Meeting
Issuance of the NOP begins a 30-day review period. During this period, EPD and the City of Newport Beach
will coordinate to schedule a Scoping Meeting to accept public comments. EPD has extensive experience
with controversial community meetings and workshops, as well as in-house expertise in community
engagement. EPD staff will attend the Scoping Meeting and, at the City of Newport Beach's discretion,
either lead the presentation or provide materials in support of a City of Newport Beach staff -led
presentation. EPD will also develop various handouts and a PowerPoint presentation for the Scoping
Meeting, as well as coordinate with the City of Newport Beach for review of the handouts and PowerPoint
presentation prior to the meeting date. The Scoping meeting presentation will be focused exclusively on
the environmental aspects of the project and will not address public policy or entitlement issues related
to the project.
June 21, 2024
City of Newport Beach Surf Farm Project
Task 5.3: Preparation of Administrative Draft EIR
EPD will use information from the NOP scoping process, including any comments received from the state,
other jurisdictions, and the public, to focus the analysis on those issues identified as potentially significant
and of general concern. The EPD team will use and incorporate by reference, to the maximum extent
feasible, existing information already identified in this existing scope.
EPD will prepare an Administrative Draft EIR for review by the City of Newport Beach staff. The
Administrative Draft EIR will include all CECIA-required sections. If the City of Newport Beach has approved
the technical studies, we can begin working on sections of the Administrative Draft EIR during the NOP
process and submit draft sections of the document to the City of Newport Beach before the entire
document is complete. This approach could allow the project schedule to be expedited.
The Administrative Draft EIR will focus on key environmental issues; refinements to the specific work
program for addressing environmental issue areas will be developed in coordination with the City of
Newport Beach staff. The impact analysis developed by EPD will treat impacts at a programmatic level as
the specific site plan is not known. If a Site Plan Review application is submitted prior to the EIR being
drafted, the analysis can be conducted at a project -specific level.
The methodology and criteria used for determining the impacts of the project will be explicitly and clearly
described in the EIR, including any assumptions, models, or modeling techniques used in the analysis. The
level of significance of the impact will be stated and a determination will be made as to whether it is less
than significant, potentially significant, or significant and unavoidable. EPD will identify any standard
policies, programs, standard conditions of approval, or other obligations on the project that would
effectively reduce impacts. Where such standard conditions are not adequate to mitigate impacts to
below a level of significance, mitigation measures will be developed. The extent to which the proposed
mitigation measures will reduce the level of significance of the impact will be identified. Where potentially
significant impacts are identified in the Administrative Draft EIR, practicable and project -specific level
mitigation measures will be formulated. The impact will be numbered, as will the corresponding
mitigation measures pursuant to standard City of Newport Beach practices. Cross-references will be
provided where necessary. At the end of the impact sections, conclusions will be drawn regarding the
availability and feasibility of mitigation measures. Exhibits and graphics will be used to describe, evaluate,
and analyze information within the document.
The following is an outline of the sections which would be included in the EIR:
• Chapter 1: Executive Summary. Includes a summary of the pertinent project issues and briefly
describes the impacts and mitigation measures. The executive summary will also include a brief
description of the alternatives to the proposed project. A summary table will be provided
consisting of a matrix of impacts and corresponding mitigation measures, including levels of
significance of impacts before and after mitigation.
• Chapter 2: Introduction. Provides a discussion of the purpose and authority of the EIR,
organization of the document, identification of the City of Newport Beach as the lead agency and
listing responsible and trustee agencies, and other general information on the project.
• Chapter 3: Project Description. Include regional and vicinity location maps, a description of
ownership, jurisdictional boundaries, a detailed description of existing and proposed site facilities
and equipment, project phasing, a discussion of required entitlements, and an overview of
cumulative impacts. A statement of project objectives will be prepared by EPD and included in
the Project Description. Project objectives identify the purpose of the proposed project. The
June 21, 2024
City of Newport Beach Surf Farm Project
statement of project objectives helps a lead agency develop a reasonable range of alternatives to
evaluate in an EIR and aids in the preparation of Findings of Fact and a Statement of Overriding
Considerations, if necessary.
Chapter 4: Environmental Setting. The environmental setting section includes an overview of the
general setting of the environment in the vicinity of the project site and identifies the related
projects used in the cumulative impacts analysis.
Chapter 5: Environmental Impact and Mitigation Measures. The impacts and mitigation
measures part of this chapter includes an analysis of the topical environmental issue areas. In
each analysis section, EPD will identify applicable Project Design Features; Standard Conditions of
Development; and Existing Plans, Programs, and Policies that reduce environmental impacts. For
each significant adverse impact that remains, CEQA requires that an EIR discuss feasible mitigation
measures to avoid or substantially reduce the project's significant adverse environmental effect.
Drafting effective mitigation measures involves clearly explaining the mitigation measure's
objectives and implementation —specifically, how the mitigation measure will be put into action,
who is responsible for its implementation, where it will occur, and when it will occur.
Each environmental issue will include the following sub -sections:
• Introduction identifying the primary documents used in the preparation of the section and
any other pertinent information.
• Existing Conditions section identifying and describing the existing physical environmental
conditions that exist at the time the Notice of Preparation is published, and which constitutes
the baseline physical conditions that assist in determining the significance of an impact.
• Thresholds of Significance as adopted by the City.
• Project Impacts describes environmental changes to the existing physical conditions that may
occur if the proposed project is implemented and evaluates these changes with respect to the
thresholds of significance. In addition, this section would include any Project Design Features
proposed to reduce potentially significant impacts.
• Cumulative Impacts describes the potential changes in the environmental conditions that
result from the incremental impact of the proposed project added to closely related past,
present, and probable future projects.
• Mitigation Measures are those specific measures that may be required of the project by the
Lead Agency in order to: 1) avoid an impact; 2) minimize an impact; 3) rectify an impact by
restoration; 4) reduce or eliminate an impact over time by preservation and maintenance
operations; or 5) compensate for the impact by replacing or providing substitute resources.
• Level of Significance after Mitigation describes the level of impact significance remaining after
mitigation measures have been implemented.
Chapter 6: Other CEQA Considerations. This section summarizes the significant and unavoidable
impacts that would occur from implementation of the project. Additionally, this section provides
a discussion of various CEQA-mandated considerations including growth -inducing impacts and the
identification of significant irreversible changes that would occur from implementation of the
Project.
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June 21, 2024
City of Newport Beach Surf Farm Project
Chapter 7: Effects Found Not Significant. This section summarizes the potential environmental
effects related to the project that were determined not to be significant during preparation of this
EIR.
Chapter 8: Alternatives. Includes a range of alternatives to be analyzed that meet the applicant -
provided project objectives; are feasible on an economic, legal, and regulatory basis; and would
avoid or substantially lessen at least one significant impact of the project. EPD will analyze three
project alternatives, including the required "No Project" alternative. These alternatives would be
developed as part of the preparation of the Administrative Draft EIR. The Administrative Draft EIR
will include a discussion of the environmental impacts associated with each alternative and
compare the impacts with those identified for the proposed project. In addition, a summary
matrix that presents and contrasts the environmental effects of each alternative as compared to
the proposed project will be prepared.
Chapter 9: EIR Preparers and Persons Contacted. This section lists the individuals who
contributed to the preparation of the EIR as well as the organizations and persons consulted
during the preparation of the EIR.
Technical Appendix. The technical appendix will include the NOP and the technical studies used
in the preparation of the E[R. This may be included as a separate volume.
One review is anticipated by the City of the Administrative Draft EIR. EPD will incorporate comments from
the City and the City's counsel into the Administrative Draft EIR. All changes will be in redline format to
allow for easy tracking of updates. This scope of work also assumes one round of consolidated review
comments from the Applicant team, should the City choose to allow Applicant review of the
Administrative Draft EIR.
Subsequent to the City's review of the Administrative Draft EIR, the EPD team will prepare a Revised
Administrative Draft EIR and submit it to the City for review. This scope of work assumes that the City will
provide one set of consolidated comments to EPD in underline/strike-through format to allow for easy
tracking of updates.
Task 5.4: Preparation of Public Draft EIR
EPD will incorporate modifications to the Revised Administrative Draft EIR based on the specific comments
received from the City of Newport Beach and prepare a Draft EIR for public review. Exhibits and graphics
will be used to describe, evaluate, and analyze information within the document. Included as appendices
to the Draft EIR will be the NOP, comments received on the NOP, technical studies prepared for the
project, and any necessary text changes to plans or ordinances.
Prior to release, EPD will submit to the City a PDF of the "print -ready" Draft EIR for final review and
comment. Minimal comments are expected at this stage. EPD will coordinate with the City to determine
the number or printed copies necessary.
Task 5.5: Final EIR
Task 5.5.1: Final EIR and Response to Comments
As comments arrive, EPD staff will provide adequate and complete responses to each issue of concern.
Regular communication will occur with City of Newport Beach staff to ensure that responses are accurate
and thorough. As appropriate, "global responses" will be prepared and placed near the front of the
responses to comments. These global responses will reduce the need to duplicate responses to repetitive
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June 21, 2024
City of Newport Beach Surf Farm Project
comments. Once the comment period has closed, EPD will finalize the Responses to Comments section
and submit an Administrative Draft to the City of Newport Beach for review.
The estimated budget is based on professional staff hours, not the number of individual comments, and
assumes that no additional basic research will be required to respond to comments and that the
comments will be directed at the substance and technical adequacy of the Draft EIR. Given the high level
of public interest in this project, this Scope of Work estimates that 70 hours of professional staff time
would be sufficient to respond to the number of comments anticipated based on the existing uses and
our experience in the area. Modification to the scope of work, budget, and time frame may be necessary
if excessive comments received from agencies, or the public require substantially more time and/or
research. Should this situation become apparent, we will discuss this concern with the City of Newport
Beach and shall seek and obtain written approval before such costs are incurred. Regular communication
will occur with City of Newport Beach staff to ensure that responses are accurate and thorough.
In addition to responses to comments, this task will include the completion of any required revisions to
the Draft EIR and technical studies. Revisions will be included in an errata section of the Final EIR.
Based on comments to the Administrative Draft Responses to Comments, EPD will finalize the Responses
to Comments section, including revisions to the Draft EIR. The Final EIR and Responses to Comments will
be distributed to all parties who submitted comments; each party will receive a notice with an electronic
link to the Final EIR document posted on the City of Newport Beach's website. The Final EIR must be
released at least 10 days prior to certification of the EIR; however, EPD suggests that the Final EIR be
released at least 10 days prior to the first public hearing on the project.
This proposal assumes that comments received will not raise issues that were not addressed in the Draft
EIR and that no new surveys, additional modeling, or new technical studies will be required to complete
adequate responses. Should this not be the case, the EPD team will initiate discussion immediately with
the City to receive directions about conducting this extra work.
Task 5.5.2 Mitigation Monitoring and Report Program (MMRP)
A Mitigation Monitoring and Reporting Program (MMRP) will be prepared pursuant to Section 21081.6 of
the Public Resources Code. It will be presented in standard City format and will identify the significant
impacts that would result from the project, proposed mitigation measures for each impact, the time at
which each measure will need to be conducted, the entity responsible for implementing the mitigation
measure, and the City department or other agency responsible for monitoring the mitigation effort and
ensuring its success. A draft MMRP will be prepared for consideration bythe Planning Commission so that
any comments they may have concerning the MMRP can be incorporated into the Final EIR that is
prepared for City Council certification.
Task 5.53: Findings of Fact and Statement of Overriding Considerations
Pursuant to Sections 15091 and 15093 of the CEQA, the EPD team in collaboration with the City of
Newport Beach and the City of Newport Beach Counsel will draft the Findings of Fact for the proposed
project, if deemed necessary. The EPD team will use a Findings of Fact format approved by the City of
Newport Beach and submit the draft before the Planning Commission meeting.
A Statement of Overriding Considerations will be drafted in collaboration with the City of Newport Beach
and the City of Newport Beach's Counsel if the Final EIR identifies significant, unavoidable impacts that
the City of Newport Beach determines would be acceptable considering the overall benefits of the project.
June 21, 2024
City of Newport Beach Surf Farm Project
The EPD team will use a Statement of Overriding Considerations format approved by the City of Newport
Beach and will submit the draft prior to the Planning Commission hearing on the Final EIR.
Task 5 Deliverables
Quantity
Format
Description
1
PDF/Word
Admin Draft EIR
1
PDF/Word
Revised Admin EIR
1
PDF/Word
Public Review EIR
1
PDF
NOC Submittal to State Clearinghouse (for EIR)
TBD
Print
Public Review EIR
1
Print
Newspaper NOA (EIR)
TBD
Print
Radius NOA Mailings (for EIR)
TBD
Print
Agency NOA Mailings (for EIR)
1
Print
County Clerk NOA filing (for EIR)
1
PDF/Word
Draft Final EIR
1
PDF/Word
Final EIR
5
Print
Final EIR (if requested)
1
PDF/Word
NOD
1
Print
County Clerk NOD Filing
1
PDF/Word
State Clearinghouse NOD Filing
TASK 6: MEETINGS AND PUBLIC HEARINGS
Meetings: To effectively manage the costs of the project, EPD will attend 30-minute biweekly coordination
calls with City staff each month. The duration of the project schedule is largely dependent on the CEQA
document EPD will draft agendas in advance of these meetings and deliver minutes via email to the entire
project team. The minutes will identify action items and the responsible party to implement said action
item. In addition to standing meetings, EPD will be available to the City staff to answer questions, address
concerns, orto clarify issues as they arise. In addition, this scope assumes four (4) in -person meetings with
the Applicant and City, if needed. If the project schedule extends beyond 11 months, an additional budget
will likely be required.
Public Hearings: EPD will attend public hearings held for the proposed Project. These hearings are
anticipated to include one Planning Commission meeting and one City Council meeting. This also includes
attendance at one Airport Land Use Commission (ALUC) hearing. The EPD Project Manager will be
prepared to answer technical questions related to the CEQA document and relevant comments on the EIR
raised during the public hearing meetings. Technical analysis specialists are expected to also be in
attendance, as included in the budget. The budget for this task includes approximately 4 hours, which
includes hearing attendance, pre -hearing City meetings, and preparation performed by support staff, for
the Project Manager and technical specialists for each hearing.
TASK 7: PROJECT MANAGEMENT AND COORDINATION
EPD's CEQA project manager will coordinate closely with the project team to ensure that the CEQA
document and associated studies delivered to the City of Newport Beach are legally defensible, accurate,
and useful to decision makers considering the approval of the project. The project manager will also
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June 21, 2024
City of Newport Beach Surf Farm Project
coordinate with City of Newport Beach staff throughout the process not only to streamline the CEQA
process, but to avoid or anticipate any changes that could result in delays.
The project manager will be the key contact for the project team and City of Newport Beach and will be
responsible for managing (1) CEQA task scheduling and assignment, management of resources,
monitoring of costs, and schedule adherence; (2) consultation and coordination with local and state
agencies relative to the environmental document and the environmental review process; (3) coordination
and communications with the project team and City of Newport Beach to ensure that their policies,
procedures, and any applicable codes are complied with and, where applicable, are incorporated into the
CEQA document; and (4) ensuring that the environmental review process and the CEQA document satisfy
the statutes and guidelines of CEQA and CEQA procedures.
This scope of work assumes ongoing project management at an estimated 1 hour/week for the Project
Manager and 2 hours/month for the principal -in -charge for the duration of the schedule as estimated in
this proposal, excluding public review periods.
TASK 8: SITE VISIT
EPD will coordinate with the City and the Applicant for a minimum of one (1) site visit. EPD's offices are
within a few minutes of the project site, allowing to easily accommodate additional meetings on the site
if the need arises.
The Proposed Budget is included in a separate Cost File.
EXHIBIT B
SCHEDULE OF BILLING RATES
Environment Planning Development Solutions, Inc. Page B-1 12-37
COST FILE
PROPOSED PRICING
FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
TASKS
COST
Task 1: Proiect Kick -Off Meeting
$11,320
Task 2: Review of City Documents and Data
Collection
$4,520
Task 3: Technical Studies
$27,120
Task 4: SB 18 and AS 52 Consultation
$2,780
Task 5: Environmental Impact Report IEIRI
$181,670
Task 6: Public Hearina Attendance
$28,420
Task 7: Proiect Management and Coordination
$19,560
Task 8: Site Visi#
$2,240
Total Cost:
$277,630
RFP No. 24-78
12-38
COST FILE
Other Costs: In the space below, please indicate any other costs that may be associated with
providing the requested services in this RFP that are not included in the table above. The costs
provided in this section will not be used to assist in the determination of the contract award.
Should additional space be required, use a separate page(s) and attach as part of the Cost File.
Estimated expenses: $10,000
The estimated expenses fee has not been included in the total cost above. This fee is
associated with the direct expenses needed to prepare the EIR, such as traffic counts
(if needed) or printing costs.
The undersigned certifies that submission of this Proposal is made without prior understanding,
arrangement, agreement or connection with any corporation, firm or person submitting a
Proposal for the same services, and is in all respects fair and without collusion of fraud, The
undersigned certifies that they have not entered into any arrangement or agreement with any City
of Newport Beach public officer. The undersigned understands collusive practices are a violation
of State and Federal law and can result in fines, prison sentences, and civil damage awards.
/4-17 ''— 6/21/24
Pr poser Signature Date
Jeremy Krout, President/CEO
Printed Name and Title
RFP No. 24-78
12-39
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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) 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
Environment Planning Development Solutions, Inc. Page C-1 12-40
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 Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) 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 Subroqation. 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.
Environment Planning Development Solutions, Inc. Page C-2 12-41
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. 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.
E. 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
Environment Planning Development Solutions, Inc. Page C-3 12-42
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.
F. 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.
G. 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.
H. 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.
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.
Environment Planning Development Solutions, Inc. Page C-4
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