HomeMy WebLinkAboutC-10055-1 - PSA for Airport Area Specific PlanPROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
AIRPORT AREA SPECIFIC PLAN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this January 13, 2026 day of Click here to enter a date. ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and KIMLEY-HORN AND ASSOCIATES, INC., a
North Carolina Corporation ("Consultant"), whose address is 421 Fayetteville Street, Suite
600, Raleigh, NC 27601, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide an Airport Area Specific Plan as
detailed in the Scope of Services attached hereto as Exhibit "A" ("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 January 12, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Six Hundred Twelve
Thousand Three Hundred Ninety Eight Dollars and 00/100 ($612,398.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the 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.
Kimley-Horn and Associates, Inc. Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Xiaofan Li, AICP to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Principal Planner or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All 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.
Kimley-Horn and Associates, Inc. Page 3
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 (that to the extent are caused by 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.
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.
Kimley-Horn and Associates, Inc. Page 4
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
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.
Kimley-Horn and Associates, Inc. Page 5
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.
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.
Kimley-Horn and Associates, Inc. Page 6
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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
Kimley-Horn and Associates, Inc. Page 7
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
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: Principal Planner
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Xiaofan Li, AICP
Kimley-Horn and Associates, Inc.
1100 Town and Country Rd, Suite 700
Orange, CA 92868
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
Kimley-Horn and Associates, Inc. Page 8
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
Kimley-Horn and Associates, Inc. Page 9
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Kimley-Horn and Associates, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 12//rs / 2 !—:,
By: `
Aar n C. Harp
City Attorney Ac
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Lauren Kleiman
Mayor
ATTEST: CONSULTANT: Kimley-Horn and
Date: Associates, Inc., a North Carolina
Corporation
Date:1 2- 610 2
By: By:
Lena Shumway J s „ al
City Clerk vi-Ce President
Date: 2l
By:
J aze
ssistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Kimley-Horn and Associates, Inc. Page 11
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Kimley-Horn and Associates, Inc. Page A-
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
SCOPE OF WORK
Kimley-Horn confirms that we can perform all services requested in the Scope of Services.
TASK 1. KICK-OFF MEETING
Kimley-Horn will initiate the Project with an in -person Kick -Off Meeting to align expectations, confirm roles and responsibilities, and establish a
clear understanding of goals, constraints, and opportunities for the Project.
The meeting will include the City's project team, Kimley-Horn's project manager, key technical staff, and a representative from Kosmont.
Topics will include:
■ Review of the City's goals, vision, and expectations for the Airport Area Specific Plan
■ Overview of known opportunities and constraints within the Project area
■ Discussion of existing background information, plans, studies, and data sources available
■ Communication protocols and points of contact
■ Community engagement approach and schedule overview
■ Confirmation of project milestones and deliverables
■ Review of the preliminary project schedule and refinement based on City feedback
Kimley-Horn will lead the meeting, prepare a detailed agenda in advance, and document key outcomes through meeting minutes. An initial
project schedule will be presented and refined with City input. The schedule will be updated throughout the Project, to reflect adjustments in
scope, priorities, or timelines.
The Kimley-Horn team will conduct one on -site visit within the City to evaluate existing site conditions and understand the local context,
existing environment, and relationship to surrounding uses. This task will happen after the kick-off meeting on the same day.
Kick -Off Meeting Agenda (electronic format - PDF)
Initial Project Schedule (electronic format - PDF)
Kick -Off Meeting Minutes (electronic format - PDO
Site Visit
The kick-off meeting, site visit, and related preparations will take place within the first two weeks of the overall project timeline.
1.1 Kick-off Meeting
TASK 2. PUBLIC OUTREACH
We recognize that meaningful engagement with the Newport Beach community, and coordination with John Wayne Airport and adjacent City
of Irvine residents, is essential to the success of this project. Outreach efforts will prioritize connecting with residential neighborhoods, property
owners, and business owners within the Project area. While English is the predominant language spoken in Newport Beach, we will allocate
budget for translation services, as needed, to use reasonable professional effort to establish accessibility. This may include written and/or
verbal translation, depending on community requests.
To accommodate varying work schedules, public meetings will be offered at different times and held in accessible, familiar locations such as
City Hall, local community centers, and gathering spaces. Engagement will also be strengthened by partnering with trusted community leaders
and organizations to foster inclusive participation.
Additionally, we will seek input from the development community by inviting local and regional development experts to participate as technical
advisors. Through these efforts, we aim to cultivate an open, transparent dialogue that reflects the diverse needs, values, and aspirations of
Newport Beach residents, businesses, and other key stakeholders within the Project area.
2.1 PUBLIC OUTREACH AND ENGAGEMENT PLAN
In collaboration with City staff, Kimley-Horn will develop a Community Outreach and Engagement Plan (Plan) that outlines a comprehensive
and inclusive strategy for public engagement throughout all phases of the planning process. The Plan will emphasize equitable participation by
identifying underserved communities, exploring effective engagement methods for those groups, and assessing language needs to determine
the appropriate level of translation support.
CITY OF NEWPORT BEACH • LPCAORNG008140.2025 Kimley,))Horn 43
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
All outreach and promotional materials, including social media content, will encourage the public to request translation services in advance of project
meetings. The Plan will also define engagement goals and objectives, outline a communications strategy, provide a schedule of events, and assign
roles and responsibilities. For each outreach activity, the Plan will specify the purpose, target audience, timeline, and logistical considerations.
The scope and delivery of optional translation services will be determined in coordination with City staff as the engagement plan is finalized.
» Draft Community Outreach and Engagement Plan (electronic format — Word and PD9
» Final Community Outreach and Engagement Plan (electronic format —Word and PDF)
The Plan will be developed following the kick-off meeting and is expected to be finalized within three weeks, including one round of review and
comments by the City.
Public Outreach and Engagement Plan
2.2 SOCIAL MEDIA CAMPAIGN AND POLLS
Social media and online polling will be used throughout the Project, with particular emphasis during the visioning and goal -setting phases
as well as public review periods for the Draft and Final Specific Plans. Our primary digital engagement tool will be PublicCoordinate, Kimley-
Horn's interactive mapping and survey platform. This customizable tool supports multilingual translation, layered map views, and integration
with SurveyMonkey, while also generating formatted reports to support feedback analysis. PublicCoordinate can also be used as an interactive
activity station at workshops or pop-up events, incorporating gamified elements to enhance participation.
To promote public involvement, outreach materials, including social media graphics and flyers, will be developed to advertise key milestones,
upcoming events, and the overall Project timeline.
» PublicCoordinate page
)) 2 Surveys (electronic format —Word and PDF)
» 2 Project Flyers (One introductory flyer to be developed and distributed at the Project launch to provide an overview and opportunities
for community involvement; and one concluding flyer to be issued near Project completion to summarize outcomes, highlight key
recommendations) (electronic format — PDF)
» 5 Social Media Graphics and Accompanying Text
A social media campaign and online polls will be conducted during the visioning phase and again during the community workshops held to
review the Draft Specific Plan.
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2.2 Social Media Campaign and Polls ,,,.,,,."®e„�■■. ��.,..�
2.3 STAKEHOLDER ENGAGEMENT/POP-UP EVENTS
We propose hosting two (2) Town Hall Meetings and one (1) pop-up event to support robust community engagement. These events will be held
in accessible, high -traffic locations —such as popular community venues or during City events —to generate broad participation. Each event
will include display boards, interactive activity stations, live polling, and small group discussions to gather input from a diverse cross-section of
the community. A dedicated children's station will also be included to encourage youth engagement. Social media posts will be developed to
promote these events and may be shared with neighboring stakeholders such as City of Irvine residents and the John Wayne Airport team.
Outreach Topics:
Looking at the Future (1 event): A pop-up event focused on community education and initial feedback. Topics will include existing land use, key
issues, community needs, and aspirations for the future. The event will also serve to build interest in upcoming focus groups.
Vision Establishment Meetings (2 events): Public workshops dedicated to drafting the Project's vision, mission, and goals through collaborative
in -person discussions.
Note:TheCitywillberesponsibleforsecuringvenuesandcoordinatingeventnotifications.Kimley-Hornwilldevelopand providedigital
outreach materials for distribution.
CITY OF NEWPORT BEACH LPCAORNG008140.2025 Kimley o Horn 44
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
Conduct two (2) in -person meetings and one (1) in person pop-up event
» Meeting collateral in English — flyer, fact/information sheets, and presentation (electronic format — PDF)
)> Meeting collateral in additional languages (if requested by the public) - flyer, fact/information sheet (electronic format — PDF)
» Up to fifty (50) printed copies of one -page frequently asked questions (FAQs) for each in -person event
Informational and activity boards up to six (6) boards (size 24 X 36 inches) total for all events combined
The schedule for the Pop-up events and two in -person meetings are shown below.
2.3 Stakeholder Engagement/Pop-Up Events P J
a
2.4 VISION AND GOAL
With input from City staff and the community, Kimley-Horn will develop a draft and final Vision, Mission, and Goals Statement for the Specific
Plan. This statement will be shaped by feedback collected throughout all phases of the planning process, with a strong emphasis on insights
gathered from public engagement activities.
As part of this task, a vision review email and poll will be distributed to both focus groups established in Task 2.3 to solicit targeted input on
the draft Vision statement before finalization.
Draft Vision, Mission, and Goals Statement (electronic format —Word and PDF)
Final Vision, Mission, and Goals Statement (electronic format —Word and PDO
This task will begin following the first in -person meeting. We anticipate approximately four weeks to complete the Draft, followed by a four -
week City review period. Final reasonably required revisions and report completion are expected to take an additional two weeks.
n ®
2.4 Vision and Goal E
2.5 COMMUNITY WORKSHOP
A Community Workshop will be held during the public review period of the Draft Specific Plan. This in -person event will emphasize interactive
participation and provide opportunities for attendees to ask questions and gain a clear understanding of the Plan's content and implications.
Note:TheCitywil I beresponsibleforsecuri ngven uesand manag ingpu bl icnotifications.Ki mley-Hornwi Ildevelopa ndsu pplyd igitaloutreach
materials for distribution.
Conduct one (1) in -person workshop
» Meeting collateral in English — flyer, fact/information sheets, and presentation (electronic format — PDF), meeting collateral in additional
languages (if requested by the public) - flyer, fact/information sheet (electronic format — PDF)
» Informational and activity boards up to six (6) boards (size 24 X 36 inches) total for all events combined
This task will during the Draft Specific Plan review period.
2.5 Community Workshop ,
CITY OF NEWPORT BEACH LPCAORNG008140.2025 Kimley o Horn 45
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
TASK 3. EXISTING CONDITIONS REPORT
Kimley-Horn will work with the City and prepare a comprehensive assessment of the existing physical, regulatory, and market conditions within
the Project area utilizing City's GIS information and other resources. The Existing Conditions Report will provide a foundation for developing the
Specific Plan by identifying key assets, constraints, and trends. The analysis will include the following topic areas:
3.1 Land Use and Housing
■ Inventory of existing and allowed land uses, including applicable land use designations and zoning regulations, based on the General Plan
and Zoning Code
■ Quantification of existing housing units, including affordable and market -rate units, in coordination with the Housing Element
■ Review of pending and recently approved development projects, including project type, status, and scale
■ Identification of planned public and private development or infrastructure projects that may influence future development patterns
3.2 Physical and Environmental Conditions
■ Evaluation of the physical characteristics and size of existing structures
■ Identification and documentation of historic or potentially historic resources within the Project area
■ Review of environmental conditions, including areas of known or suspected soil and groundwater contamination, based on available
environmental databases and reports
■ Review applicable state agency databases for both active, closed cases and documented features (Le, Underground storage tank, reported
soil boring locations etc.) from both the Regional Water Quality Control Board (RWCB) and Department of Toxic Substance Control (DTSC)
online applicable websites including Geotracker and Envirostor for both soil, soil vapor and groundwater contamination
■ Review of publicly available permits and approvals pertaining to redevelopment of sites with open/closed cases to understand required land
use and/or engineering controls. Kimley-Horn will request copies from the City for existing condition evaluation
■ Based on the existing conditions, land use considerations will be carried into the Specific Plan and development standards needed to
comply with state agency controls, as warranted
3.3 Infrastructure and Public Realm
■ Assessment of public realm elements such as landscaping, sidewalks, lighting, street furniture, and open space conditions
■ Evaluation of existing transportation infrastructure, including roadway network, active transportation facilities, transit access,
and connectivity
■ Overview of utility infrastructure systems (e.g., water, sewer, stormwater, electricity, and broadband), including capacity and
known constraints
3.4 Economic and Market Context
■ Conduct a high-level analysis of local property market trends affecting the broader Project area
■ Use local real estate market information from local brokers, and data sources such as ESRI, Costar, Placer.ai mobile analytics, Census data,
and tax records (depending on data availability)
■ Gather historical data on absorption rates, rents, vacancy rates, new construction pipelines, and sales values across various real estate
sectors to quantify growth or decline in the Airport Area over time. The following real estate uses will be evaluated:
» Retail
» Office
» Multifamily/Blended-Use
Kimley-Horn will synthesize findings into a Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis to inform the planning process
and identify key opportunity areas. The draft Existing Conditions Report will be submitted to City staff for review. Based on City comments,
Kimley-Horn will refine the Report and incorporate reasonably required revisions.
Draft Existing Conditional Report (electronic format — Word and PDF)
» Final Existing Conditional Report (electronic format — Word and PDF)
This task will begin following the kick-off meeting. We anticipate approximately ten weeks to complete the draft report, followed by a four -
week City review period. Final reasonably required revisions and report completion are expected to take an additional four weeks.
CITY OF NEWPORT BEACH LPCAORNG008140.2025 Kimley)»Horn 46
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
TASK 4. SPECIFIC PLAN
Kimley-Horn will prepare a Specific Plan that reflects and advances the City's goals and vision for the Project area. The Specific Plan will be
developed through an iterative, collaborative process that integrates public engagement, stakeholder feedback, and ongoing coordination with
City staff. The Specific Plan will address a full range of planning considerations, including land use; airport land use compatibility; Housing
Element consistency, specifically incorporating strategies for the HO-1 (Airport Area) subarea; parks and open space; parking standards;
circulation and mobility; urban design and the public realm; and infrastructure capacity and needs.
The Specific Plan will be visually rich and user-friendly, incorporating narrative text, maps, diagrams, conceptual illustrations, 3D massing and
scale studies, and other graphics to effectively convey the planning framework and development vision.
4.1 Create an Outline
Kimley-Horn will prepare an initial outline including major components such as:
■ Relationship to the General Plan and Housing Element
■ Planning Area Context and Background
■ Vision and Guiding Principles
■ Land Use and Urban Form
■ Mobility and Circulation
■ Infrastructure and Utilities
■ Public Realm and Open Space
■ Urban Design Standards and Guidelines
■ Affordable Housing and Community Benefits
■ Implementation and Administration
The outline will also identify proposed sections and subsections, clarify the Plan's policy framework, and provide a roadmap for drafting
the full document.
Draft Outline (electronic format —Word and PDF)
Final Outline (electronic format —Word and PDF)
The draft outline will be developed after the draft Existing Conditions Report is completed and initial public outreach is conducted. We
anticipate approximately four weeks to complete the draft and submit it to City staff for review. One round of consolidated feedback will be
requested within a four -week review period. Based on City comments, Kimley-Horn will refine the outline —an effort expected to take about
two weeks —before beginning the full draft of the Specific Plan.
4.2 Draft Specific Plan
Kimley-Horn will prepare the Draft Specific Plan based on the findings from the Existing Conditions Report (Task 2), which includes a
comprehensive review of land use regulations, circulation and mobility, public realm and open space, and infrastructure. The Draft Specific
Plan will also incorporate the components identified in the approved Outline (Task 4.1).
Key components will include:
Framework Plan and Land Use Alternatives: Prepare a Framework Plan to illustrate the vision developed through community engagement
activities, and create Conceptual Land Use Alternatives that identify the desired land uses and development intensities. The Land Use
Alternatives will address the following:
■ Land use types and locations
■ Master vehicular, bicycle, and pedestrian circulation
■ Major amenities, parks, and open space
Based on input from the City, Kimley-Horn will prepare a Preferred Land Use Plan, incorporating up to two refinements, and provide an
illustrative land use plan highlighting primary open space, community facilities, and other public realm or amenity elements. This exhibit will be
used for City and community presentations as well as in the Specific Plan.
CITY OF NEWPORT BEACH ., LPCAORNG008140.2025 Kimley oHorn . 47
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
Land Use Regulations:
■ Consider consolidating the existing Office -Airport (OA) Zoning District and planned communities, including Newport Place, Koll Center,
Uptown Newport, and Newport Airport Village, as shown on the Existing Zoning Map.
■ Develop a proposed zoning map along with a clear and comprehensive set of zoning regulations that define allowable land uses and
identify incentives for desired uses that will support the needs of future residents. As the area transitions from a primarily nonresidential
environment to a mixed -use neighborhood, these regulations will use reasonable professional efforts to establish flexibility while protecting
existing rights (including existing, permitted, and entitled land uses). Accommodating a balanced mix of uses also allows the City to capture
retail sales tax revenue that might otherwise be lost to surrounding jurisdictions such as Irvine and Costa Mesa.
Airport Compatibility (AELUP Compliance): Address compatibility with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport.
This may include:
■ Ensuring land use and development patterns avoid concentrations of people in safety zones, in accordance with applicable professional
standards, and comply with building height restrictions per FAR Part 77
■ Identifying consistency review triggers for proposed land uses, zoning changes, or development regulations that fall within the Airport
Influence Area, as defined in the AELUP
Housing Opportunity (HO-1) Sites: The City's 6th Cycle Housing Element designates the Airport Area as a key opportunity site,
accommodating up to 2,577 new infill residential units. Unlike the provisions in the 2006 General Plan, these units may be developed without
the need to demolish or convert existing uses, and no minimum lot size is required, Adopted in 2024, the HO-1 Overlay Zoning District
provides a flexible regulatory framework that permits residential uses regardless of existing zoning or General Plan land use designations. It
also establishes minimum development standards, including building height, setbacks, and parking requirements. Projects that include at least
20 percent of units as affordable to lower -income households qualify for by -right approval, streamlining the entitlement process.
As part of the Specific Plan effort, we use the Housing Element prepared by the City with assistance by our firm and integrate applicable
design guidelines, development standards, and approval procedures to use reasonable professional effort to establish alignment with City
objectives and state housing mandates.
Parks and Open Space: Evaluate opportunities to introduce or expand open space within the Project area. This includes identifying gaps
in park access, assessing underutilized sites or public rights -of -way for potential conversion, and exploring ways to enhance existing open
spaces. Recommendations will be integrated with the land use and urban design framework.
■ A series of exhibits, diagrams, and conceptual drawings will be developed during this phase and may be utilized in workshops and study sessions.
■ Up to three hand drawings will be provided to illustrate the parks and open space.
Parking Requirements: Update parking standards that reflect anticipated land use changes, promote walkability, support mixed -use
development, and reduce land consumption while maintaining functionality.
Circulation and Mobility: Discuss the model and assumptions for the VMT analysis and coordinate with the City staff to verify planned/
programmed projects and build alternatives to be used in modeling. Review the existing and proposed General Plan policies, zoning
regulations, and other City and regional plans related to circulation and mobility. Evaluate the existing street network in the Airport area and
review opportunities to add bike facilities, improve pedestrian walkways, and expand transit service. Evaluate opportunities for mobility hubs
and multi -modal networks. As part of this task, Kimley-Horn will complete a limited traffic analysis to supplement analysis conducted in the
City's General Plan Update, but focusing on improvements recommended in this Specific Plan. We will use existing and future traffic volumes
from the City's General Plan. We will model the impact of recommended improvements, including bike, pedestrian, or transit facilities, at up to
five (5) study intersections or roadway segments. We will document the results in a technical memorandum.
Design and the Public Realm: Establish a cohesive theme for the public realm that enhances walkability, comfort, and community identity.
This will include streetscapes, plazas, paseos, promenades, and other civic spaces. Create one or more master landscape palettes that define
appropriate plant species, hardscape materials, street furnishings, lighting, and other design elements. Develop public realm design guidelines
or form -based code standards to guide streetscape design, setbacks, sidewalk widths, lighting, furnishings, and the transition between
public and private spaces. Provide guidelines for signage and wayfinding systems to use reasonable professional effort to establish legibility,
consistency, and integration with the overall design theme.
■ A series of exhibits, diagrams, conceptual drawings, 3D massing and scale studies will be developed during this phase and may be utilized
in workshops and study sessions.
■ Up to four hand drawings will be provided to illustrate the public realm.
■ Up to three 3D simulation renderings will be provided for selected key areas. The renderings will illustrate pedestrian -scaled spaces such
as courtyards, streetscapes, and plazas, incorporating elements like hardscape materials, building facades, landscaping, site furnishings,
and human figures, as appropriate.
CITY OF NEWPORT BEACH LPCAORNG008140.2025 Kidep%1 torn 48
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
High -Level Illustrative Proforma: Identify underutilized parcels with development potential to assess opportunities for development or
redevelopment within the Project area. Prepare a preliminary illustrative pro forma analysis for up to two potential development options to
evaluate the feasibility of multi -family projects. This high-level pro forma will offer a preliminary understanding of financially feasible uses for
the City to consider in the Specific Plan,
Infrastructure Evaluation: Evaluate the adequacy of the existing water, sewer, and storm drain infrastructure by reviewing the City's
Urban Water Management Plan, Sewer Master Plan, and Storm Drain Master Plan, and by identifying any potential deficiencies within these
systems. It is assumed that existing condition deficiencies and system capacities are addressed within the current master plans. Based on this
evaluation, KH will provide a general narrative that outlines the potential impacts of the proposed Specific Plan on these utility systems and the
recommendations for necessary upgrades and potential financing options. Capacity calculations and sizing of new facilities are excluded.
1 st Draft Specific Plan (electronic format —Word and PDF)
2nd Draft Specific Plan (electronic format —Word and PDO
3rd Draft Specific Plan (electronic format —Word and PDF)
The first Specific Plan will be developed following the City's review of the Draft Outline (Task 4.1). We anticipate approximately 12 weeks to
finalize the first draft and submit it to City staff for review. Consolidated feedback will be requested within a four -week review period. Based
on City comments, Kimley-Horn will prepare the second Draft, an effort expected to take approximately eight weeks, and submit it to City staff
for review. Another round of consolidated feedback will be requested within a four -week review period. Based on the second round of City
comments, Kimley-Horn will finalize the third Draft, anticipated to take about three weeks, and release it to the public for review.
4.3 Revisions to the Specific Plan
Kimley-Horn will incorporate comments from the public into the proposed third Draft Specific Plan. Per the RFP, we anticipate preparing up to
two additional drafts of the specific plan.
4th Draft (electronic format —Word and PDF)
5th Draft (electronic format —Word and PDF)
The fourth Draft Specific Plan will be developed following the public review of the third Draft Specific Plan (Task 4.2), We anticipate
approximately six weeks to finalize the fourth Draft and submit it to City staff for review. Consolidated feedback will be requested within a four -
week review period. Based on City comments, Kimley-Horn will prepare the fifth Draft, an effort expected to take approximately two weeks and
submit it to City staff for Study Sessions.
4.4 Final Specific Plan
The Final Specific Plan will be developed following the incorporation of comments from the seventh Draft Specific Plan (Task 5.2).
Final Specific Plan (electronic format —Word and PDF)
We anticipate approximately two weeks to finalize the Final Plan and submit it to the City for public release and preparation for hearings.
4.4 Final Specific Plan Final Public Review
CITY OF NEWPORT BEACH LPCAORNG008140.2025 Kimley o Horn 49
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
TASK 5. PLANNING COMMISSION AND CITY COUNCIL
Following the public workshop and community review of the Draft Specific Plan, Kimley-Horn will lead a multi -phase public hearing process to
present the revised Draft Specific Plan to key decision -making bodies, including the Planning Commission, City Council, and Airport Land Use
Commission (ALUC). Kimley-Horn will coordinate with City staff to prepare for and participate in a series of study sessions and formal hearings,
so that the Plan is clearly communicated, responsive to feedback, and positioned for adoption.
5.1 Study Sessions — Planning Commission and City Council
Specific Plan: Kimley-Horn will prepare and present professional presentations summarizing the Specific Plan's vision, organization, key
components, and changes made in response to public input at two separate Planning Commission and City Council Study Sessions.
5.2 Plan Refinement
Kimley-Horn will revise the fifth Draft Specific Plan based on feedback received during the study sessions.
6th Draft (electronic format —Word and PDF)
» 7th Draft (electronic format — Word and PDF)
The sixth Draft Specific Plan will be developed following the study sessions (Task 5.1). We anticipate approximately three weeks to complete
the sixth Draft and submit it to City staff for review, Consolidated feedback will be requested within a three-week review period, Based
on City comments, Kimley-Horn will prepare the seventh Draft, an effort expected to take approximately two weeks, and submit it to City
staff to review.
5.3 Public Hearings — Formal Adoption Process
Kimley-Horn will prepare and assist the City staff with the presentation materials for the Final Specific Plan at the following public hearings:
■ Planning Commission Public Hearing
■ Airport Land Use Commission (ALUC) Hearing
■ City Council Public Hearing
I1, a
Presentation Materials, including PowerPoint presentations and supporting graphics, maps, and visuals, as needed
Meeting Attendance and Participation at:
One Planning Commission Study Session
One City Council Study Session
One Planning Commission Public Hearing
One City Council Public Hearing
One ALUC Public Hearing
The schedule for Task 5 is shown below.
5.2 Plan Refinement #6 Draft M170.ai
5.3 Public Hearings (3) Hearings
CITY OF NEWPORT BEACH LPCAORNG008140.2025 Kimley )>> Horn 50
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
TASK 6. CEQA
The City, as the lead agency, may choose to prepare an Addendum to an approved project(s) if some changes or additions are necessary but
none of the conditions described in CEQA Statute Section 21166 and CEQA Guidelines Section 15162 calling for preparation of a subsequent
EIR have occurred." Pursuant to PRC Section 21166 and State CEQA Guidelines Section 15162, when an EIR has been previously certified
for a project, no subsequent or supplemental EIR shall be prepared for a project unless the lead agency determines that one or more of the
following three conditions are met: changes in a proposed project result in new or substantially more severe impacts than were disclosed in
the previous EIR; changes in the circumstances surrounding the project result in new or substantially more severe impacts than were disclosed
in the previous EIR; or new information has come to light showing that new or substantially more severe impacts than were disclosed in the
previous EIR.
If the project does not trigger the conditions described in CEQA Guidelines Section 15162, an Addendum to the approved project(s) is the
appropriate CEQA documentation. An Addendum allows the most streamlined path because an Addendum need not be circulated for public
review and does not require Native American tribal consultation under Assembly Bill (AB) 52.
6.1 Technical Assessments
6.1.1 Modeling and VMT Analysis
Model Verification. Prior to developing future year forecasts, the base year OCTAM model network will be reviewed to make necessary
corrections. This includes review of TAZ connections, number of lanes, and roadway connections. In addition to network verification, the
existing land use and roadway network within the study area in the base year model will be checked for accuracy and modified to reflect
current conditions. The base year model will then be executed, and the model volumes will be compared against existing demand volumes to
confirm the model reasonableness within the study area.
Model Runs and Forecasts. Using the verified and corrected network based on existing model verification process, model forecasts will be
developed for up to two (2) future project alternatives and one (1) no build alternative. For the purposes of the analysis, we have assumed
that the opening year would be 2028 and horizon year would be 2048, The forecasts will include VMT and future roadway volumes. Induced
demand analysis will be conducted for Future Plus project conditions for build alternatives. Post processing of volumes will be completed to
derive intersection level turning movement volumes for the traffic operations LOS analysis.
We will prepare a technical memorandum summarizing the traffic forecasts and VMT analysis and submit to project team for review and
comments. We will respond to one round of review and written comments and prepare a Final Memorandum. Once approved, we will proceed
with the technical evaluation of the project.
Memo documenting model forecasts, VMT analysis, and induced demand analysis (electronic format — PDF)
6.1.2 Air Quality Analysis
Kimley-Horn will model and analyze the Specific Plan's air quality impacts. This analysis will identify the existing air quality environment and
applicable regulatory framework and assess the Specific Plan's long-term air quality impacts in accordance with SCAQMD regulations and
standards. We will model criteria pollutant emissions using the California Emissions Estimator Model (CaIEEMod) based on the Specific Plan's
development capacity, vehicle trip generation, and vehicle miles traveled data. Modeled emissions will be compared to SCAQMD thresholds.
Although it is speculative to analyze construction impacts from the Specific Plan's full development potential at the program level, construction
emissions for up to three potential project sizes will be modeled with CaIEEMod. Carbon monoxide hotspots will be assessed qualitatively.
The Specific Plan's existing and potential future sources of toxic air contaminants will be addressed. Specific Plan consistency with the latest
applicable Air Quality Management Plan (AQMP) will be addressed.
6.1.3 Energy Analysis
CEQA requires an EIR to describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. This
Section will programmatically analyze existing and project energy consumption associated with operations, buildings, and transportation -
related energy under the proposed Specific Plan.
6.1.4 Greenhouse Gas Emissions Analysis
Kimley Horn will model and analyze the Specific Plan's GHG emissions. GHG emissions will be based on the Specific Plan's development
capacity and the resulting trip generation/vehicle miles traveled data. This analysis will identify the existing GHG environment and applicable
regulatory framework and assess long-term GHG emissions impacts in accordance with California Air Pollution Control Officers Association
(CAPCOA) and SCAQMD guidance. Climate change protocols are constantly evolving. As such, climate change impacts will be analyzed
in accordance with the latest guidance and regulations. Consistency with the City's General Plan, State Scoping Plan, and the Regional
Transportation Plan and Sustainable Communities Strategy (RTP/SCS) will also be evaluated.
CITY OF NEWPORT BEACH - LPCAORNG008140.2025 Kimley>>)Horn 51
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
6.1.5 Noise and Vibration Analysis
Kimley Horn will model and analyze the Project area's existing and future noise levels. This analysis will identify the existing noise environment
(including noise measurements and traffic noise modeling and applicable regulatory framework.) Kimley-Horn will evaluate construction
noise based on a programmatic understanding of the project (i.e., using general assumptions and a single development phase). An analysis
of construction vibration impacts will be based on the Federal Transit Administration's (FTA's) vibration analysis guidance. On -site noise
generating activities will be addressed and analyzed at a programmatic level for potential impacts and will be discussed in the context of the
applicable Land Use Noise and Compatibility Matrix and Interior/Exterior Noise Guidelines. Completed work products will provide essential
information for analyzing potential impacts resulting from land use changes. Using traffic data, we will analyze the existing and future traffic
noise levels within Specific Plan arterial roadways.
Assumptions/Limitations are listed below.
■ Kimley-Horn will be provided the following project detail to support the analysis:
» CEQA project description, proposed Specific Plan land use and zoning maps, and existing and proposed Specific Plan land use
inventories (residential dwelling units and nonresidential building area, as applicable).
» Traffic data will include daily trip generation, vehicle miles traveled (VMT) data, and roadway segment Average Daily
Traffic (ADT) volumes.
■ This scope accommodates revisions based on one consolidated set of comments to the extent that the revisions are within the approved
scope of services and that no new modeling or additional analysis is required. Additional comments can be addressed on a time and
materials basis.
■ This scope assumes the baseline conditions, project description, and approach will not change once Client issues the Authorization to
Proceed (ATP). Revisions or changes to the project that require re -analysis are excluded.
■ Deliverables will be provided as expeditiously as practicable with the goal of approximately 8 weeks of receipt of the requested data.
■ Deliverables will be provided electronically.
■ This scope excludes meetings/hearings.
■ Fees and timeframes stated herein are valid for sixty (60) days after the date of this scope of work. Should ATP be received after 60 days of
the date on this scope of work, fees will be adjusted accordingly.
6.1.6 Cultural and Paleontological Resources Assessment
Kimley-Horn will prepare a Cultural and Paleontological Resources Assessment. The purpose of this assessment is to determine whether the
Specific Plan area contains, or could reasonably contain, cultural and/or paleontological resources, and to evaluate the potential for significant
impacts to such resources as defined under CEQA.
Kimley-Horn cultural resources staff will conduct a cultural resources records search through the South Central Coastal Information Center
(SCCIC) to identify if any previously recorded cultural resources, including both archaeological and historic built environment resources, are
located within the project study area plus a one -mile buffer. Staff will also request a paleontological records search request through the
Natural History Museum of Los Angeles County (NHMLAC). Additional desktop research will include a review of digital paleontological records
available through the University of California Museum of Paleontology (UCMP), as well as evaluation of the site's geomorphology, geology, and
land use history through available historic aerials and topographic/geology maps.
Because of the developed nature of the Specific Plan area, a pedestrian survey for archaeological and paleontological resources will not be
conducted. As Project implementation has the potential for development over several years, existing buildings or other structures could reach
an age of 50 years or older. Generally, structures 50 years of age or older have the potential to be historic resource and must have retained
their original integrity and context to be considered a historical resource. Based on desktop research, the assessment will identify sites with
the potential to contain a structure that would meet the criteria as a historical resources. Historically significant resources would be identified
through site -specific evaluation in conjunction with future development prior to the approval of development permits.
6.1.7 Water Supply Assessment (Optional)
The Specific Plan area is within the service boundaries of the City of Newport Beach and the Irvine Ranch Water District. A Water Supply
Assessment (WSA) would be required in accordance with Senate Bill (SB) 610 should the proposed Specific Plan project include a proposed
residential development of more than 500 dwelling units or a proposed shopping center or business establishment employing more than
1,000 persons or having more than 500,000 square feet of floor space. Because the Specific Plan has not been prepared, this task is included
as an optional task. It is also noted that the Airport Area Specific Plan area is developed and although the amount of development may exceed
the residential and/or nonresidential development limits established by SB 610, the net change in development would be a determinative
factor as to whether a WSA would be required. If a WSA is required, Kimley-Horn would coordinate with both the City and the Irvine Ranch
Water District to determine the appropriate scope and parry to prepare the WSA.
CITY OF NEWPORT BEACH LPCAORNG008140.2025 Kimley>»Horn 52
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
6.2 Addendum
6.2.1 Mobilization
As noted, the Kimley-Horn environmental team will be early in the process to assist in the preparation of the Existing Conditions Report,
provide input to the Specific Plan, and provide expertise to the City to develop the appropriate strategy and technical approach for
CEQA documentation. As we move into the CEQA stage of the project, we will have a meeting with City staff to confirm the overall
approach and schedule.
6.2.2 Native American Tribal Consultation
Preparation of an Addendum would require compliance with Senate Bill (SB)18 because the project includes the preparation of a Specific
Plan. Preparation of an EIR would require compliance with SB 18 and Assembly Bill (AB) 52. Kimley-Horn will provide Native American
communications assistance related to SB 18 and AB 52, as directed by the City. Kimley-Horn will contact the Native American Heritage
Commission (NAHC) to request a Sacred Lands File (SLF) search and obtain a list of tribal contacts for notification regarding SB 18. Using the
NAHC-provided list, Kimley-Horn will prepare draft SB 18 notification letters for City distribution, with the purpose of identifying any known
cultural resources within the Specific Plan area boundaries. Using the City's list of tribes that have requested notification under AB 52, Kimley-
Horn will also prepare draft AB 52 letters for City distribution. Draft letters for both SB 18 and AB 52 will be submitted to the City for review.
The City will be responsible for finalizing and distributing all tribal notices and for conducting consultation upon request. Kimley-Horn will
support the City by preparing supporting documentation and incorporating tribal outreach results into the EIR, as appropriate. Kimley-Horn's
cultural resources experts can participate in consultation meetings or extended tribal coordination if requested by the City. This supplemental
work effort is not assumed in this Scope of Work.
6.2.3 Project Description
Kimley-Horn will use information provided in the draft Specific Plan to prepare the CEQA Project Description that articulates the characteristics
of the project. The Project Description will detail the project's location, environmental setting, background and history, characteristics,
discretionary actions, goals/objectives, construction schedule/phasing, and required permits and approvals. The draft Project Description
will be provided to the City for review and approval prior to preparation of the CEQA documentation and our technical analyses to ensure
concurrence with the key elements of the project that will be carried through into the analyses.
Draft CEQA Project Description:1 round of review based on one set of consolidated City comments (electronic format —Word and PDF)
Revised CEQA Project Description
6.2.4 Addendum
Kimley-Horn has prepared several Addendums for the City of Newport Beach, Although State CEQA Guidelines Section 15164 does not
stipulate the format or content of an Addendum, the topical areas addressed in the General Plan Update EIR and General Plan Housing
Implementation Program EIR would be used as guidance for this Addendum. This comparative analysis provides the City with the factual basis
for determining whether any changes in the project, any changes in circumstances, or any new information since the EIRs were certified would
require additional environmental review or preparation of an EIR.
For each environmental topic, the Addendum will provide a summary of the findings of the EIRs for the respective threshold question; an
evaluation of the potential impacts of the proposed project; and a determination of whether the impact conclusions are consistent with the
significance determinations set forth in the certified EIRs. Each topical analysis will also address cumulative impacts and the General Plan
policies and standard conditions and regulations and mitigation measures that are applicable to mitigate significant impacts of the project.
Following the review of the Screencheck Draft Addendum by the City, Kimley-Horn will revise the Addendum to incorporate one consolidated
set of comments. The Revised Addendum will be provided in a version that shows all revisions in trackchange for ease of review as well as a
"clean" version of the revised document. The Revised Addendum will be resubmitted to the City for review and Kimley-Horn will address any
final comments prior to finalizing the Addendum. If substantial new analysis is requested that has not previously been prepared or considered
in the Addendum, and/or substantive changes to the Project Description occur, a budget augment will be required.
» Screencheck Addendum (electronic format —Word and PDF)
» Revised Screencheck Addendum (electronic format —Word and PDF)
» Final Addendum (electronic format —Word and PDF)
CITY OF NEWPORT BEACH LPCAORNG008140.2025 Kimley)»uoin 53
PROPOSAL FOR AIRPORT AREA SPECIFIC PLAN, RFP NO. 25-48
6.2.5 Project Meetings, Management, and Coordination
Throughout the project, Kimley-Horn staff will be involved in the management of the environmental document preparation and communication
with the City and internal Kimley-Horn team. This task is intended to ensure that all work products are of the highest quality. The estimated
schedule for the Addendum is approximately 6 months. This task assumes two virtual meetings per month for both CEQA approaches.
Attendance at Planning Commission and City Council hearings associated with the CEQA process are assumed in Task 5 of this proposal.
Bi-monthly meetings by two members of the Kimley-Horn CEQA team
Ongoing project management and administration
TASK 7. PROJECT MANAGEMENT AND COORDINATION
Kimley-Horn will provide comprehensive project management and coordination services to support the successful delivery of the Specific Plan.
This includes consistent communication with City staff, strategic oversight, and ongoing task tracking to ensure alignment with the project
scope, schedule, and expectations.
7.1 Bi-Weekly Coordination Meetings
Kimley-Horn will conduct bi-weekly coordination meetings with City staff throughout the duration of the Project. These meetings will provide a
forum for progress updates, issue resolution, schedule alignment, and discussion of ongoing and upcoming work efforts. The meetings will:
■ Be held primarily virtually to support scheduling flexibility and cost efficiency
■ Include at least five in -person meetings, in addition to those scheduled under other tasks (e.g., workshops and public hearings)
■ Be led by the Kimley-Horn Project Manager and supported by relevant team members and subconsultants as needed
■ Be accompanied by meeting agendas, summaries, and action item lists to ensure clear communication and follow-through
7.2 Project Management Oversight
Kimley-Horn's project manager will oversee the day-to-day operations and overall direction of the consultant team, including:
■ Coordinating efforts across disciplines and managing subconsultants
■ Tracking deliverables, schedule milestones, and scope adherence
■ Preparing monthly invoices and progress reports summarizing work completed, upcoming activities, and any changes in scope or schedule
■ Maintaining project records and ensuring quality control
■ Serving as the primary point of contact for the City throughout the project duration
A SharePoint site, accessible via Microsoft Teams, will be established and maintained for file sharing, document review, and
collaborative editing.
Should additional coordination meetings be necessary due to the complexity of project phases or emerging issues, Kimley-Horn will provide
justification and seek City approval in advance.
Bi-weekly coordination meetings (up to 25 total), including at least five in -person meetings
Meeting agendas, summaries, and action items
Monthly invoices and progress reports
SharePoint site access for document sharing and collaboration
CITY OF NEWPORT BEACH , LPCAORNG008140.2025 Kimlep)Horn 54
Kimley-Horn and Associates, Inc. Page B-1
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PROPOSED PRICING - AIRPORT AREA SPECIFIC PLAN
TASK
COST
Kick -Off Meeting
$
10,004
Public Outreach
$
79,612
Existing Conditions Report
$
33,803
Specific Plan
$
192,851
Infrastructure Review (Optional)
$
17,233
Planning Commission and City Council
$
60,772
CEQA (Optional)
$
153,006
Project Management and Coordination
$
62,350
Contingency
$
20,000
Total Project Cost
$
612,398
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
Kimley-Horn and Associates, Inc. Page C-1
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 Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation (except for nonpayment for which ten (10)
calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Kimley-Horn and Associates, Inc. Page C-2
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
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
Kimley-Horn and Associates, Inc. Page C-3
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.
Kimley-Horn and Associates, Inc. Page C-4
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