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Home My WebLink About06 - Sunset Ridge Park for Environmental DocumentsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 November 25, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacori, Principal Engineer 949 - 644 -3342 or msinacori @city.newport- beach.ca.us SUBJECT: SUNSET RIDGE PARK - APPROVAL OF AMENDMENT NO. 2 WITH EPT DESIGN FOR SCHEMATIC AND FINAL DESIGN SERVICES AND A PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING FOR ENVIROMENTAL DOCUMENTS RECOMMENDATION: 1. Approve Amendment No. 2 to Professional Services Agreement (PSA) with EPT Design, of Irvine, for Landscape Architectural Services for preparation of the Sunset Ridge Final Design at a not to exceed price of $598,558 and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve Professional Services Agreement (PSA) with BonTerra Consulting, of Costa Mesa, for Environmental document processing for the Sunset Ridge Park at a not to exceed price of $203,047 and authorize the Mayor and City Clerk to execute the Agreement. 3. Approve Budget Amendment authorizing $50,000 in additional funding for the final design, environmental documentation and supplemental consulting services related to the Sunset Ridge Park Project from unappropriated General Fund Reserves to the Sunset Ridge Park Account No. 7412- C5100515. DISCUSSION: On June 10, 2008, the City Council approved the Concept Plan for Sunset Ridge Park after extensive public outreach and numerous public meetings. Since that time, staff has been working with Banning Ranch owners to develop an access road alignment and street easement for park access. Access discussions are ongoing and staff is hopeful that an agreement can be reached soon so final design and environmental clearances can begin. EPT has performed well during the concept plan efforts and has continued to support the project efforts in developing options for the entry access road. We believe they are the right choice to continue the project efforts through final design. Attached is the recommended amendment to its agreement authorizing final design. Sunset Ridge Park — Approval of Amendment No. 2 to Professional Services Agreement with EPT Design and Professional Services Agreement with BonTerra Consulting for Environmental Document Processing November 25, 2008 Page 2 EPT's scope of services incorporates the preparation of final design plans and specifications for the park, including possible Coast Highway widening and signal plans. All necessary sub - consultants for civil and traffic engineering, utilities, architecture, irrigation improvements, and coastal permitting assistance are included in the not -to- exceed fee of $598,558. BonTerra Consulting has been selected to prepare the environmental documents necessary for this project because of the firm's familiarity with the City of Newport Beach and demonstration of their timely, quality work product on past projects, including the environmental documentation for the Hoag Hospital Master Plan Environmental Impact Report (EIR). BonTerra Consulting has provided the City with a proposal for the Sunset Ridge Park that includes a scope of services for either a Mitigated Negative Declaration (MND) or an EIR, depending on the findings of the Initial Study. The attached Professional Services Agreement contemplates an EIR will be required to be prepared for the Sunset Ridge Park for the not- to-exceed fee of $203,047. It will not be known if an EIR or MND will be required until the Initial Study is completed. If it is determined that a MND is appropriate, the project environmental documentation could be completed in approximately six to nine months. If an EIR is required, the environmental documentation could be completed in approximately 15 to 18 months. Environmental. Review: CEQA determination will be prepared as part of the Sunset Ridge Park Project. Funding Availabilitv: Currently, $786;000 is available in the CIP account for this project. The total for both the design and environmental contracts is $801,605. Additionally, staff anticipates other studies and geotechnical analysis will be required during the design phase of this project. As such; staff recommends that an additional $50,000 be appropriated to cover all the anticipated design effort expenses. Upon approval of the attached budget amendment, sufficient funds will be available in the following account: Account Description Sunset Ridge Park Design Prepared y: !01� )L� I J. Sinacon, P.E. nt City Engineer Account Number 7412- C500514 Total Submitted by: ,(.I Stephen G. Badum Public Works Director Attachment: Amendment No. 2 to Professional Services Agreement wlth EPT Professional Services Agreement with BonTerra Consulting Budget Amendment Amount $ 801,605 $ 801,605 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH EPT DESIGN FOR SUNSET RIDGE PARK FINAL DESIGN SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and EPT DESIGN, INC., a California Corporation whose address is 9821 Irvine Center Drive, California, 92618- 4307 ( "CONSULTANT'), and is made with reference to the following: RECITALS: A. On September 25, 2007, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for professional engineering services for conceptual design drawings for the landscape development of Sunset Ridge Park and public outreach in connection with the decgra of the park. ( "PRO JECT" ). This .AGREE- 1M.ENT is srhed.uled to expire on December 31, 2008. B. CITY and CONSULTANT entered into a separate AMENDMENT of the AGREEMENT ( "AMENDMENT NO. 1 "), dated September 15, 2008. C. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services not included in the AGREEMENT or prior AMENDMENT and to extend the term of the AGREEMENT to December 31, 2010. D. CITY desires to compensate CONSULTANT for additional professional services needed for the PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 2" as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT and AMENDMENT NO. 1, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 2 including but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. 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 to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. 2, including all reimbursable items and subconsultant fees, shall not exceed Five Hundred Ninety -Eight Thousand Five Hundred and Fifty -Eight Dollars and no /100 ($598,558) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to December 31. 2010. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: A, C_ �, - .-tty Attorney for the City of Newport Beach ATTEST: M LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayo, for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachment: Exhibit A — Letter Dated November 11, 2008 from EPT Design F: \Users \PBW\Shared\Agreements\FY 07 -08 \FINALIZED - EPT - SUNSET RIDGE PARK\Sunset Ridge Park Concept Plan - Amendment 2 (11- 13- 08).doc landscape architecture 11 urban design planning EXHIBIT A 11 November 2008 Mr. Michael Sinacmri City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Re: Sunset Ridge Park Newport Beach, California Landscape Architectural Services Dear Mike: Thank you for the opportunity to provide our proposal for continuing landscape architectural services for Sunset Ridge Park. Our proposal covers the design team, tasks and an estimated production schedule for your review. Please don't hesitate to call if you have questions regarding the enclosed proposal or if you require any additional information. 9821 Irvine Center Drive, Irvine, CA 92618 7 1 949,502.4500 F 949.502.451C www.eptdesign.com rn y 5 Gtb3' ',',Giis 1, P. ti s.pU. t Sunset Ridge Park 11 November 2008 Proposal for Landscape Architectural Services L PROJECT DESIGN TEAM EPTDESIGN — Project Prime Urban Resource — Civil Engineer Ron Yea — Architect West Coast Design — Electrical Engineer d-d. Pagano — Irrigation Designer Thornton- Tomosetti — Structural Engineer RGI — Utility Consultant ESA — CDP Consultant Kinley -Horn — Traffic Engineer IL SCOPE OF WORK A. Basic Services 1. Design Development Phase 2. Construction Documents Phase 3. Coastal Development Permitting Services A. Bidding Phase B. Scope of Work EPTDESIGN shall prepare design development and construction document plans based on the approved schematic plan. The program for the park consists of the following items. I . Restroom building 2. Shade structures (2) 3. Baseball field A. Soccer fields (2) 5. Covered children's play area 6. Park lot for 75 cars 7. Hardscape including walks, plaza, walls and steps 8. Memorial garden area 9. Open turf and shrub areas 10. Off -site entry road with parking 11. Sign monumeniation at Pacific Coast Highway and Superior. 11 If Y*'i 240m �. 3 F'x landscape architecture I urban design pluaning Proposal for Landscape Architectural Services Sunset Ridge Park 11 November 2008 Page 3 of 8 III. SCOPE OF SERVICES A. Design Development Phase To complete the Design Development Phase, EPTDESIGN will provide the following services: General 1. Subsequent to the approval of the Schematic Design Phase and with the authorization of the Owner, EPTDESIGN will proceed with the Design Development Phase of the project. The object of this phase is to Further develop and refine the schematic concepts to facilitate a more refined analysis by the project team. Process 2. Coordinate utility locations, points of connection, and requirements with the Civil Engineer and Electrical Engineer throughout the Design Development Phase. 3. Conduct progress meetings with the City for their review and input. Product A. Prepare a package of design development drawings and other documents which include: a. Layout drawings to scale b. Grading and drainage plans c. Architectural plans d. Drawings for special or unique applications e. Hardscape and planting plans f. Irrigation plans g. Outline specifications B. Construction Documents Phase To complete the Construction Documents Phase, EPTDESIGN will provide the following services: General 1. Subsequent to the approval of the Design Development Phase and with the authorization of the Owner, EPTDESIGN will proceed with the Construction Documents Phase of the project. Product 2. Provide the appropriate professional sub - consultants for the site's final design needs, this would include: civil engineer (Urban Resource), electrical /lighting engineer (West Coast Design), architect (Ron Yea), EPTDESIGN landscape architecture I urban design I planning Proposal For Landscape Architectural Services Sunset Ridge Park 11 November 2008 Page 4 of 8 structural engineer (Thornton Tomaselti), irrigation designer (d.d. Pagano), Coastal Development Permit consultant (ESA), traffic engineer (KimlerHorn) and utility consultant (RGI). 3. Provide precise grading and drainage plans /specifications that meet City Standards. A. Provide hardscape and ball field construction plans /details /specifications which meet City Standards. 5. Provide architectural plans /details /specifications, which meet with City standards. b. Traffic engineering plans /details /specifications which meet City Standards 7. Provide utility planner to prepare dry utility plans 8. Provide electrical plans /details /specifications which meet City Standards. 9. Provide irrigation plans /details /specifications which meet City Standards. 10. Provide planting plans /details /specifications which meet City Standards. 11. Provide an agronomy report for soil suitability. 12. Provide plan written signatures, by all participating sub - consultants, on appropriate plan sheets. 13. Provide a performance type specification /special conditions section /bidding document. This will be certified to include information that will completely cover all intended installations and ensure that a bidding contractor would have enough information to provide the City with a bid for the total work. Consultants shall provide a document that will ensure concise, clear bidding of projects. 14. Provide a final itemized opinion of probably construction costs, using the most current trade unit costs. 15. Secure all jurisdictional agency plan and specification approvals, including the City of Newport Beach and the water district as required for construction. This shall include all required plan /detail /specification modifications and may include any required submittals /follow -up. The City shall be provided with all required jurisdictional agency approved final plans, specifications, and a precise grading permit at completion of final plan /plan checking. EPTDESiGN landscape erchifnaure I urban design planning Proposal for Landscape Architectural Services Sunset Ridge Park 11 November 2008 Page 5of8 16. Coastal Development Permitting a. Meet with the City staff to discuss project entitlement and processing requirements, and prepare a Coastal Development Application Package and proposed processing schedule. b. Attend meetings with the City of Newport Beach, the project team and Coastal Commission staff as required to assist with preparation and processing of the CDP. B. Bidding Services Phase During the Bid Services Phase EPTDESIGN will: 1. Prepare addenda 2. Provide plan clarifications for contractors 3. Review bids with Client IV, FEES A. General The fee proposal is submitted as follows: EPTDESIGN will provide all phases on a fixed fee basis as follows Totals $ 106,533 $ 464,808 $ 5,218 $ 576,558 Meetings $ 10,000 Total $ 586,558 Reimbursables $ 12,000 B. Additional Services EPTDESIGN will provide to the Client such additional services as requested in writing by Client. For additional services, compensation shall be on an hourly basis (per attached hourly rate schedules) or negotiated lump -sum basis. EPTDES:GN Design Canstrucfion Bidding Totals Development Documents EPTDESIGN $ 54,078 $184,408 $ 2,918 $241,403 Urban Resources 33,150 176,150 2,300 211,600 Ron Yeo, Architect 4,000 38,200 0 42,200 West Coast Design 2,055 5,545 0 7,600 d.d. Pagano 2,930 16,115 0 19,045 Kimley -Horn 7,500 18,900 0 26,400 RGI 2,820 3,990 0 6,810 Thornton Tomasetti 0 5,000 0 5,000 ESA 0 16,500 0 16,500 Totals $ 106,533 $ 464,808 $ 5,218 $ 576,558 Meetings $ 10,000 Total $ 586,558 Reimbursables $ 12,000 B. Additional Services EPTDESIGN will provide to the Client such additional services as requested in writing by Client. For additional services, compensation shall be on an hourly basis (per attached hourly rate schedules) or negotiated lump -sum basis. EPTDES:GN landscape architecture 1 urban design j planning Proposal for Landscape Architectural Services Sunset Ridge Park 11 November 2008 Page 6 of 8 C. Reimbursable Expenses Reimbursable expenses are in addition to compensation for basic services listed above and include actual expenditures made by EPTDESIGN in the development of the project. These expenses shall include reproduction, overnight delivery, messenger services, photo processing, and travel expenses when approved in advance. Mileage will be billed at $.585 /mile. EPTDESIGN shall require a budget of $20,000 to cover reimbursable expenses. EPTDESIGN will invoice separately for all plotting and printing needs. EPTDESIGN will utilize the account established by Client with a local reprographics company for all plotting and printing needs. This account shall be billed directly to Client. V. EXCLUSIONS The following items are excluded under this contract: A. Plan check and building permit fees. B. Construction observation services. A. CONSULTANT EXPENSES Any additional consultant hired by EPTDESIGN to perform services in behalf of the Client shall be invoiced at cost plus fifteen percent (15 %) unless noted otherwise. EPTDESIGN landscopo orchitacture I ,rrban dosign I planning EPT DESIGN Proposal for Landscape Architectural Services Fee Schedule Sunset Ridge Park 11 November 2008 Page 7 of 8 Principal Studio Director Associate Project Manager Project Captain Designer Clerical EPT DESIGN Sub GRAND $210 $160 $145 $105 $95 $85 $75 TOTALS Consultants TOTALS Design Development Hrs Subtotal Hrs Subtotal Firs subtotal Hrs Subtotal Hrs Subtotal Hrs Subtotal Hrs Subtotal TOTALS UDesi, n 6 00 ,_ , 01, 1260 00 4aA 3 00 . °Ai$bu2C4 480 00 10 00 .. 1450 00 .. 10.00 1 050 00. FQ 0 00 � 0.00 0.00 0 00 0 00 000 ,.r!,n ,1,240 4 680 ,Fn,, 8,920 9 19,001 Ti 24b0.00 F480.00 2175.00 30.000 QRBi}S�L;' ;�tii . 11'1 -Y. ec,.Y+Fi'D 0.00 0.001 0.00 0.00 0.00 5,680 8,945 IIma3'- 14,625 Project Mana ement 1,00 210.00 3.00 tcV .YY7I. ....4..i'�}ii: 4.00 580.00 42.00 4410.00 0.00 2520.00 14.00 2240.00 12.00 1740.00 60.00 6300.00 i .. O @ = a } ,w 1 eQ 6BMW BMW 0.00 "' .. r #' ,, _ 0 QO ,,;0!QQ ^5?$6'Q_ 4Lb615; '. 1`0;52Y', , - '�y(rt rA'3 GW�i 4 �a:,�FF v! C7; Q`. GO`?•.::°. 3..,.; 0,,.' 7. v�, 0A„ .. 38 ..�.'"''.E'r$,0'.'t'- _""..1$4v .➢$): ..:.. 2i:d'_?i4k 1u95a�00 !„ },0.00 tSiO ,. 29 "9;9D.: ?24'320 b4 1d0 Product _Pl c „Z400104 ,rd(3,, .•.'1{.�P.t�.. 41,4.F.0',0 fr,9`Et80�4�F a.�92!00 Pflrv'�i�4:94A0 ":L2?;'_': s 1720,0,0' :,; 4.40,. '' @00''00. `�460�0 ., 1 "1 1''k5 5Z Y:95 ''`2625.00 25.00 2375.00 36.00 3060.00 0.00 0.00 9,300 17,460 26,760 Construction Plan 3.00 630.00 2.00 320.00 2.00 290.00 25.00 Cp ®s yctio&gDetq, w,2Y04 k "4Q €CV6 u ` . m r .. .,iF:11;2'Oa nl'M i'S, :fit+..4.. OWNEMOM 31.00 _.: !' ..:.. 3255.00 .. 4 0", .� ' 0 r` _' -.` 6_ 8' r j a €L iS P 51h ,,, q ; Construction 0.00 0.00 2.00 320.00 8.00 1160.00 4.00 '�4!,}2�0'.0py0� 0.00' 0.00 0.00 0.00 0.00 0.00 1,900g 0p 1,900 dS^lF4n.'vti Plgntin Details '1 hn't r,��i1lRR�.X 0.00 0.00 I�k'f 0.00 ��lil tF 0.00 � 3.00 '.x 435.00 k' _.� 8.00 WiN2Gw5YX4 840.00 .,_ 8.00 .760.00 0.00 _ .' 0.00 �5!r�Vi.W:'U 0.00 �0.y0y�0� 0.00 .'`„'�'�...• 2,035 'Ph.�ri�A�i.��i 0 2,035 ty'{ SS- 'aErPiok'irs 'f�, :, ',:>;x .`.i`:�+"Ci! e._ :_ -., ,c :. ._�• 4.00 ... 420.00 _ 8.00 760.00 ^ 0.00 w, -...i 0.00 _,1`9ki 0.00 0.00 1,180 2240.00 0 1,180 Holin 0.00 0.00 0.00 0.00 0.00 0.00 0.00 17:W , :`43}A 00 +'' %d'2s".0'. ' +„T9 -0:OXX'.. 8.40 ^:•" '4u. + 4' . 1"F1'4 cd{1.A. -.,. y(7'sa TT4''' 's5o18'$.U0'' 50 . .aT8:5D .Ii - 2R`a'?,88 ` _::23#085 Construction Documents ASS. jry! :I,.. 1ODD !kuc,0 Q ;Odjttra ,..,50'a, K, 0, 4!i i .. 3150.00 ff. 10..0070 950.00 0.00 e 1,0:_,Daib.T.:reF0t0A, 0.00 0 0bn0r0� i.nl.,4 12,665 vi'225'e1`zSN5 3,0000 15,665 Desi n 19,001 3990,001 15.00 24b0.00 15.00 2175.00 30.000 QRBi}S�L;' ;�tii . 11'1 -Y. ec,.Y+Fi'D r� :"i Glv. i+' £ Exvtta. ;... i`l ,.' 11 : 't,�`''?�::. 1Q.��i. :,�iitrir`hQ,D }.00 J ,?Z�li .'.WY, tcV .YY7I. ....4..i'�}ii: Pro ect Mnna ement 12.00 2520.00 14.00 2240.00 12.00 1740.00 60.00 6300.00 0.00 .0.00 0.00 0.00 0.00 0.00 12,800 2,315 15,115 41,81', t{ kill e 1 , - '�y(rt rA'3 GW�i 4 �a:,�FF v! C7; Q`. GO`?•.::°. 3..,.; 0,,.' 7. v�, 0A„ .. 38 ..�.'"''.E'r$,0'.'t'- _""..1$4v .➢$): mrSAftt 4f.. ^E1, 10?bA „°" {r(EOb .,13' = "5 w:'1,�58Q ld;d "6;5 - .e.kSi16lk3f7 ua 97.00 „98fi0?OQ u, 45:'40 c „Z400104 %,�4.1F7D $ 88%13',00 41,4.F.0',0 fr,9`Et80�4�F a.�92!00 Pflrv'�i�4:94A0 ":L2?;'_': s 1720,0,0' :,; 4.40,. '' @00''00. `�460�0 ., 1 "1 1''k5 5Z Y:95 Product Ram PdnT'tR +ius,!R Construction Plan 10.00 NCf 2100.00 6 ' 35.00 �, 5600.00 45.00 6525.00 100.00 10500,00 85.00 8075.00 117.00 9945.00 0.00 0.00 42,7,15 156,255 S #Oa 199,000 F`y1s8'uYE'{' ©er Ei.b.. .,iF:11;2'Oa nl'M i'S, :fit+..4.. OWNEMOM 31.00 _.: !' ..:.. 3255.00 .. �7rE 32.00 I'4 ....© 30y40.00 tl. �-. 4ppp4.000000 35. 3740.00 W{D i. ��q�8.00 N%D:DQ 600.0A0 E4c fl424Y. pe 16,755 1ryF: 111 2N �� 01..8,1!411.4,. } 2,225 . 411t,j 18,98800 Consultant Pldnjml Coordination �bh ,4flli X�rj; ii: 12.00 TIFI- -Ir {x 2520.00 IM BED 8.00 Ii'I °,'i�b 1! 1,2#8800.00 41 �41l �iR �,- x+16.00 C1} 2320,00 .. Q Martina Derails 0.00 0.00 4.00 640.00 8.00 1160,00 16,00 1680.00 32.00 3040.00 4.00 340.00 0.00 0.00 6,860 0 6,860 R ' �,is rl atC6n,.!.+,,,.,.., IPSHS;, DO' dhil;'{} {0.6Qu1,8iI4ClSLfIIl.�;,OQk�"t? id�5 D. _ ' iid .�`al`6........iij`54.,.:_...' 1 ,I.... ;u i`Ot15;i0, Oct' d,: l`{ ,","il +ClkQ4f�{ {,mi.l #...T.b,i' ,±,ES�!#1.0$;]VD�.Yi°S., Plan Checking 10.00 2100.00 14.00 2240.00 6.00 870.00 19.50 2047.50 8.00 760.00 B.00 680.00 0.00 0.00 8,698 5,925 14,623 CastF'sfima1.�..Ss ?E a i,t ,;im l•'t 4 ODa': •}%1P 00 E, 6',Ob etVjr .4.8.Iei0�4..lEnrj y(7'sa 1 64,.4 `r',.fi4 . ' N00 - _ _ `.., ,° :tD.O, :,Q i #I� A 4 ll`rr'.iin:9t20, fs:!�'sY2.,$6',$„ tt,s. 7, 3 A en Processin 0.00 0.00 0.00 0.00 0.00 0.00 24.001 2520,001 24.001 2280.001 40.001 3400.001 0.001 0.00 8,2001 10,600 18,800 ' '�� 'Sufit6ld �!iS.04 ,:t9b'60:00 1.02:00 1;6'320!D0 &)i$`A°40 aJA'$3DiD0 "30k"5D 31,r32+`L82Y5O �3`.t'1xY)U ?3 -...' OtO4 ;3A9'iO4 X2'9' 90 . S'.R2,00 , ''.90'tl.OD :;. X196"378. x4159.2 ?5 947, 4''1',3 k'J'h- INV Q.. 1,00 160.00 gOb 0.00 iMH hOi_ : 0.00 4.00 420.00 0.00 0.00 0.00 0.00 0.00 790 1,000 1,790 Plan Clarifications 1.00 210M00 0.00 Revttrvr 8id's " "lrnlh L'Uer+! h ,5ubtotdl 1i .3.D0 ,.,!X10'OQ .16340 r3D;40'6aSrLa 4q. .. 0,' "A80.00r t2 27,5201 p "DGt..O u,o.00.." 2381 OCL�!i,k3ED.(1+1's ..0,00 34,510 "_: `.ki 628 SOQ16 rt'15§224, 67,4101 i 5051 47,9751 ''z •}.'�"�2'6'+#2ff 4401 lk8lb QD 37,400 19 r+es'r'u4�hJb ,ata ^4'525 i 0 2tTL8 otals 120.001 1,388 241,403 335,155 576,558 Meetings 10,000 10,000 Reimbursables 12,000 12,000 EPTDESIGN 11111!2008 landscape architecture 1 urban design I planning EPT DESIGN and Consultant Fee Schedule Proposal for Landscape Architectural Services Sunset Ridge Park 11 November 2008 Page 8 of 8 Urban West Coast Thornton EPT DESIGN Resource Ron Yeo Design d.d. Pagano Tomasettl RGI ESA - CDP Kimley-Horn Totals Design Development Process Construction LJocumentS t)4,U1d 's,:i. I bu Z,uw) u (,wu Process Sit RA Design 4.2,40 3,680 1,000 14,950 2,000 510 5,000 8,920 Project Management 7� 4 Consultant Coordination aYr 1,500 530 500 TT7 7 285 7� Q 2•; Project Management 5,6801 8,000 645 1,900 300 717,500 e - aiS Obt J 1.900 Planting Details 6,860 2 Planting Details 2,035 6,860 f r1t 4;A-60, Construction LJocumentS t)4,U1d 's,:i. I bu Z,uw) u (,wu Process Sit 0N1,,N4MMwM, Design i.Con.stiruction Plan 9,300 14,950 2,000 510 5,000 15,665 Project Management 26,760 4 Consultant Coordination aYr 1,500 530 500 TT7 7 285 415 15.115 77 Construction Specifications 1,900 LMMIM 717,500 aiS Obt J 1.900 Planting Details 6,860 Planting Details 2,035 6,860 f r1t ROO iw 4F.4mv=5 2,035 �0 01 :1 1 0,4 T - , Plan Checking 8,698 MM WEARR fi� 415 Plotting 1,180 14,623 t`�'`.n ONED-Imm 1.180 1-7 777 gig- 86. Agency Processing 8 0 10,6001 1 V Construction LJocumentS t)4,U1d 's,:i. I bu Z,uw) u (,wu Process Sit Z Design 12,665 42.745 3,000 3,155 5,000 15,665 Project Management 12,800 4 Consultant Coordination aYr 1,500 530 500 707,554FREAR 7 285 415 15.115 77 18,980 lw LMMIM 717,500 aiS Obt J INN, Planting Details 6,860 Product Z Plan 42.745 130,600 3,155 5,000 199.000 4 Consultant Coordination aYr 16,755 500 700 610 415 77 18,980 717,500 INN, Planting Details 6,860 6,860 f r1t ROO iw 4F.4mv=5 Plan Checking 8,698 5,100 410 415 14,623 t`�'`.n ONED-Imm gig- 86. Agency Processing 8 0 10,6001 1 18,800 ing 184,41J5 11tj,150 38;200 5,545 16,115 5,000 3,990 16,5uo 18,quo L 464,aUB . WNW Plan Clarifications M= 790 W 1,000 iff 1,790 sirum _4 6m MOW 2,2r5 S 10" 4;Z,ZUUI 01 1,15 OU-1 5,uuu L I I b,151 ul 1b,buu .'W. 5 Mran a =Oa Ifteirrigursagies PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING FOR PREPARATION OF CEQA REQUIRED ENVIRONMENTAL DOCUMENTS FOR SUNSET RIDGE PARK THIS AGREEMENT is made and entered into as of this day of , 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and BONTERRA CONSULTING, a California corporation, whose address is 151 Kalmus Drive, Suite E -200, Costa Mesa, California 92626 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to develop Sunset Ridge Park with a baseball field, youth soccer fields, play areas, a memorial butterfly garden, picnic areas and walking paths, an overlook area with shade structure, restroom facilities and parking lot. C. City desires to engage Consultant to prepare an Initial Study and Mitigated Negative Declaration or Environmental Impact Report, as determined by the Initial Study, and other environmental documents in accordance with the California Environmental Quality Act (CEQA) ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Kathleen Brady, AICP, Principal of BonTerra Consulting. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 315` day of December 2009, 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. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days .after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred and Three Thousand and Forty Seven Dollars and no /100 ($203,047.00) 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. 4.1 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 2 reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 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 Kimberly Quinn 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. 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. 3 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A, 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. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are 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 11 reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, 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). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. i 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. 9 I. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment-of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 7 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be. considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for.each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely /Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. n 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 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 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City s sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. 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 10 shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. 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 paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attention: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard 11 Newport Beach, CA, 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Dana Privitt AICP, Principal BonTerra Consulting 151 Kalmus Drive, Suite E -200 Costa Mesa, CA 92626 Phone:. 714 - 444 -9199 Fax: 714- 444 -9599 28. TERMINATION 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, the non = defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section,.. City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. 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. 12 30. 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. 31. 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. 32. 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 govem. 33. 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. 34. 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. 35. 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. 36. 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. 13 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: �- C Aar n C. Harp, Asst. City Attorney for the City of Newport Beach ATTEST: LIM LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Edward D. Selich; Mayor for the City of Newport Beach CONSULTANT: in Dana Privitt, AICP Principal (Financial Officer) Title: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates F:%users%plann inglshared%P RofServices%Fin siVersion 14 PROPOSAL TO PROVIDE SUNSET RIDGE PARK ENVIRONMENTAL DOCUMENTATION Prepared for City of Newport Beach Planning Department Janet Johnson Brown, Associate Planner 330 Newport Boulevard Newport Beach, California 92663 Prepared by BonTerra Consulting 151 Kalmus Drive, Suite E -200 Costa Mesa, California 92626 T:(714)444 -9199 F:(7141444 -9599 www.BonTerraConsulting.com November 14, 2008 Revised Proposal Sunset Ridge Park Environmental Impact Report TABLE OF CONTENTS A. Project Understanding........................ .. . ........................................ :...:. .:............................1 B. Project Approach . ............................... . ............................................ ..............................1 C. Scope of Environmental Services ..................................................... ..............................2 D. Fee Estimate ..................... ........ .................................................. .............................16 P. IROjedsWewpOnV0f6Pr00 MW 1 1408 Tabte of Contents Bon Tena Consulting Revised Proposal Sunset Ridge Park Environmental Impact Report A. PROJECT UNDERSTANDING In 2005, City of Newport Beach (City) purchased from and entered into a 25 -year ground lease with the California Department of Parks and Recreation for a property that is owned by the California Department of Transportation (Caltrans) and which known as "Sunset Ridge Park." Located at the northwestern corner of Coast Highway and Superior Avenue, the City is proposing to develop the 13.67 -acre parcel with passive and active recreational uses consistent with the site's General Plan land use designation. No nighttime lighting is proposed. The City envisions that the passive park areas would occur on the perimeters of the site and would incorporate drought - tolerant informal landscaping materials. The active play areas would be more manicured including turf grass. The garden area would incorporate specific ornamental plants to attract butterflies. Proposed park uses would include: A Baseball Field Youth Soccer Fields Memorial Butterfly Garden Overlook Area with Shade Structure Play Areas Parking Lot Restroom Facilities Picnic Areas and Walking Paths Vehicular access to the park would be provided from Coast Highway through Banning Ranch, a private property. Use of this adjacent property would require an access easement from the Property Owner. The park access road would be gated to limit vehicular access to the park to daylight hours. The City-has determined that the proposed project would require the preparation of California Environmental Quality Act (CEQA) documentation. Through the preparation of the Initial Study (IS), the City will determine whether a Mitigated Negative Declaration (MND) or an Environmental Impact Report (EIR) would be the appropriate documentation. B. PROJECT APPROACH BonTerra Consulting's extensive experience in preparing environmental documents has resulted in cost- and time - effective approaches to managing, preparing, and completing environmental documents for various types of projects. These proven approaches initiating and completing projects result in comprehensive, easily understood documents. Extension of Staff The BonTerra Consulting Project Team's role for this project is to serve as an extension of staff by providing the necessary technical expertise to address key environmental and planning issues raised by the community, community leaders, City staff, and property owners during the preparation of the environmental documentation for Sunset Ridge Park. The BonTerra Consulting team will provide senior professionals from a variety of technical disciplines who will be available to consult on environmental- and development - related issues, conduct specialized and focused technical studies, and provide expertise for public participation. Legal Defensibility The BonTerra Consulting staff members assigned to the project have an exemplary record of preparing legally defensible environmental documents, many of which were threatened with litigation. No EIRs prepared by or under the direction of Ms. Kathleen Brady or Ms. Dana Privitt have been successfully challenged in court. Considering the dozens of environmental documents they have prepared in their respective careers, this record of legal defensibility BonTerra Consulting Page I Revised Proposal Sunset Rid4e Park Environmental Impact Report underscores the quality and thoroughness of the analyses and environmental consultation provided to clients. Quality Assurance BonTerra Consulting recognizes the importance of ensuring that environmental documents are of the highest quality. Strong quality assurance practices are a prerequisite for satisfactory and effective performance of professional services. BonTerra Consulting's quality assurance procedures are based upon years of consulting experience with public- and private- sector projects and are designed.to meet the City's expectations for professional quality, responsive service, and cost- effective performance. Regular interaction among the BonTerra Consulting Project Team, the City, and other team members is imperative for reporting progress of the environmental analysis; discussing issues that have arisen while conducting the work; and describing potential mitigation measures, project design adjustments, or project alternatives that could reduce or eliminate potential environmental impacts. This approach will assist in data acquisition without loss of time or resources and will give staff advanced input on environmental findings. Such participation by the project team minimizes duplication of research efforts, improves the technical quality and accuracy of analysis, and can ultimately reduce the cost of environmental processing. BonTerra Consulting's emphasis is problem solving: the goal is to assist clients in avoiding environmental and land use impacts rather than mitigating for them. Communication During the course of the project, BonTerra Consulting will continuously review project details and provide status updates to the City. As issues or questions arise, they will be immediately discussed to ensure that the decisions made are consistent with the direction the City wishes to take. BonTerra Consulting believes that keeping all parties aware of progress on the project, issues.that have arisen, and potential problems is imperative to completing the project in an expedient. manner. Early communication allows the team to resolve issues before they become problems which can lead to potential project delays and additional costs. BonTerra Consulting strives to meet schedules and to complete projects in a cost- and time- effective manner. However, there are times when project circumstances require changes in the schedule. This often means that the schedule needs to be met under a reduced timeframe. BonTerra Consulting has faced these challenges many times; it is the nature of this work. Our staff knows what it takes to get the job done and do whatever is necessary to meet commitments. The key to managing projects under these circumstances is to keep the lines of communication open with the project team. Workload management is handled through weekly staff meetings; ongoing and constant communication between key project team members via meetings, telephone, email; and other communication media both internal and external to BonTerra Consulting. C. SCOPE OF ENVIRONMENTAL SERVICES BonTerra Consulting has prepared the following Scope of Work. TASK 1 PROJECT INITIATION Key members of the BonTerra Consulting Project Team will attend a kick -off meeting with City staff. This coordination task is proposed to ensure that all parties concur with the scope of work, studies to be completed, key issues to be addressed in CEQA document, project schedule BonTerra Consulting Page 2 Revised Proposal Sunset Ridge Park Environmental Impact Report requirements, and team member roles. The proposed scope of work will be reviewed, discussed, and modified, as needed, based on the issues addressed at the kick -off meeting. If additional tasks or increased levels of effort are deemed necessary, the Scope of Work and the budget can be revised as a part of this scope of work review. The meeting also provides an opportunity for Project Team members to: review the proposed approach for completing "the CEQA documentation; identify informational needs and issues as perceived by various team members; develop strategies for addressing these issues; and to discuss sensitivities and potential issues of concern to citizens, organizations, or other agencies which need to.be considered through the CEQA process. BonTerra Consulting will provide the City with a list of relevant information /data needed to prepare the environmental analysis. Early identification of data needs is critical in meeting project schedules. Work can typically proceed on those tasks that are not dependent on forthcoming information. Task 1 Deliverables: 1. Attend Project Kick -off Meeting 2. . Provide a list of data needs to the City TASK 2 TECHNICAL REPORT PREPARATION AND REVIEW Task 2.1 Preparation of Technical Reports The BonTerra Consulting Project Team will be responsible for the preparation of the following technical reports: biological resources, traffic, air quality, and noise. Biological Resources The project site is within the boundaries of the Banning Ranch Environmental Study Area, as set forth in the Newport Beach General Plan's Natural Resources Element. The site is also in the jurisdiction of the Central /Coastal Natural Community Conservation Plan (NCCP) in an area designated as "Existing Use." It is our understanding that a preliminary biological investigation of the project site was prepared by Glenn Lukos and Associates and that data may be available for the Banning Ranch property. Using all available biological resources data, BonTerra Consulting will conduct a general walk- over survey to identify and map the extent and distribution of vegetation types on the, project site, including any special status vegetation types. A description of the existing quality and species composition of the vegetation types on the project site, including an assessment of the potential for special status plant species that may be present, will be compiled based upon observations and field notes taken during the survey. The survey will also document existing wildlife use on the project site, including an assessment of the potential for special status wildlife species that may be present. Any special status plant or wildlife species observed will be reported to the California Department of Fish and Game's California Natural Diversity Database (CNDDB). Prior to conducting the field survey, a literature review will be conducted to determine which species (as identified as special status by State, federal and local resources agencies and organizations) have the potential to occur within the project site or. in the immediate vicinity. Sources to be reviewed include: (1) database searches of the CNDDB and the California Native Plant Society's Electronic Inventory of Vascular Plants of California; (2) the most recent Federal Register listing package and critical habitat determination for each federally listed Endangered BonTerra Consulting Page 3 Revised Proposal Sunset Ridoe Park Environmental impact Report or Threatened species that potentially occurs on the project site; (3) the Central /Coastal NCCP; and (4) other biological studies previously conducted in the vicinity of the project site. A Biological Technical Report will be developed based on the results of the biological surveys, analysis, and data compilation described above. The report will describe: (1) the methodology used to conduct the biological survey; (2) a detailed description of the existing vegetation types (including a vegetation map) and associated wildlife resources on the project site; (3) potential impacts from project development; and (4) recommended mitigation to reduce identified impacts. This Scope of Work does not include focused surveys for special status plant and wildlife species; a jurisdictional delineation; or submittal of permit applications to the U.S. Fish and Wildlife Service, the California Coastal Commission, the U.S. Army Corps of Engineers, the Regional Water Quality Control Board, and /or the California Department of Fish and Game. BonTerra can provide these services under a separate contract augment, if required. Traffic As a subconsultant to BonTerra Consulting, Kimley -Hom and Associates, Inc. (Kimley -Hom) will responsible for preparing the Traffic Report for the proposed project. The traffic study will be prepared to meet the requirements of CEQA and will be summarized in the CEQA document by BonTerra Consulting. The following scope has been prepared in concert with City staff. This scope assumes that the City will provide Kimley -Hom with information regarding design details for. project site ingress /egress and drive aisles; parking supply; vehicle flow lines, Coast Highway improvement plans, etc. Using information provided by the City regarding the proposed design and operational characteristics of the proposed park, Kimley -Hom will conduct field observations and document the existing roadway conditions on Coast Highway at the proposed project entrance and study intersections. Weekday and evening peak hour traffic counts will be obtained for four study area intersections identified by the City. Using the Institute of Transportation Engineers (ITE) Trio Generation (7u' Edition), Kimley -Hom will determine the trip generation for the project and develop trip distribution assumptions based on likely origins /designations of site visitors and employees. Input from the City's Recreation and Senior Services Department will be solicited for this task. Project traffic will be distributed through the study intersections and the project's traffic contribution to study intersections will be identified. All project trip generation and trip, distribution assumptions and analysis methodology will be presented to City staff for review and concurrence prior to initiation of the impact analysis. This scope assumes that cumulative projects information including trip generation and distribution will be provided by the City. Kimley -Horn will compile the cumulative traffic volumes for all study intersections. Where necessary, Kimley -Horn will develop trip distributions and assignment assumptions for projects within the proposed project's cumulative traffic study area will also be identified. BonTerra Consulting Page 4 Revised Proposal Sunset Ridge Park Environmental Impact Report The traffic study assumes the analysis for the following scenarios: • Existing Conditions • One Year After Project Completion — Cumulative Conditions — Cumulative Conditions Plus Project For those intersections under the jurisdiction of the City, Kimley -Horn will assess these intersections using the Intersection Capacity Utilization (ICU) methodology consistent with the City's traffic study requirements. Intersections under the control of Caltrans will be analyzed using the Highway Capacity Manual (HCM) methodology. Where project impacts are identified, Kimley -Horn will identify mitigation and provide conceptual drawing of recommended improvements as needed. This scope assumes that the City will make available record drawings of study intersections and that up to two study intersections would necessitate the need for improvement drawings. The site access and circulation evaluation will address and evaluate the following: • On -site traffic flows for vehicles entering /exiting the project site Site circulation within the on -site parking areas, including conformance with City standards for driveway locations and widthsi drive aisle widths, turning radii, and vehicle - conflict points Kimley -Hom will prepare estimates of traffic movements tolfrom the project site assuming the proposed right -in /right -out only traffic ingress /egress, as well as two access options. These options, as identified by the City, are: right -in /right -out plus left- turn -ih on Coast Highway and full access signalized operation. Kimley -Horn will also conduct a traffic signal analysis for all applicable Caltrans (MUTCD) signal warrants for the project access intersection at Coast Highway using year 2030 forecasts provided by the City. Air Quality BonTerra Consulting will be responsible for preparing the Air Quality Report for the proposed project. The existing air environment will be described in terms of meteorology, local topography affecting pollutant dispersion, and ambient air monitoring data. A summary of current air management efforts which may be related to the proposed project will be provided with particular emphasis on the applicable requirements of the South Coast Air Quality Management District's 1997 Air Quality Management Plan (AQMP) with the 1999 Amendments, the 2003 AQMP, the 2007 AQMP, and the requirements for air quality assessments identified in the SCAQMD's CEQA Handbook. Sensitive receptor areas within the project vicinity will also be identified. The air quality impacts of the proposed project can be divided into short -term dust generation, local impacts, and long -term regional air pollution increases. Short -term dust and emission generation due to grading and construction activities will be forecasted. If provided by the City, detailed estimates of the potential construction activities (including phasing and equipment) will be used in these forecasts. Otherwise, conservative estimates of construction activities will be made. The air pollutant emissions during construction will be compared to the SCAQMD's Bon Terra Consulting Page 5 Revised Proposal Sunset Ridge Park Environmental lmpaut Report significance thresholds. SCAQMD- required measures to reduce dust generation and measures that are contained in the 2007 AQMP for control of construction activity emissions will also be included in the list of measures. Long -term emissions will be generated due to various sources (e.g., increased traffic, the use of landscaping equipment). The emissions generated by these sources will be assessed and compared to the SCAQMD's significance thresholds. A detailed discussion of the project's consistency with the AQMP will be included. Measures will be developed to reduce significant air quality impacts to the extent possible. Climate Change BonTerra Consulting will include an analysis of the proposed project's contribution to global climate change. In accordance with the June 2008 technical advisory from the Governor's Office of Planning and Research (OPR), the analysis will include an estimate of the greenhouse gas emissions (GHG) that would occur during construction and operation of the park. As of November 2008, neither the SCAQMD nor OPR or a similar agency has established CEQA significance criteria for climate change. Therefore, BonTerra Consulting will qualitatively analyze the potential for project GHG emissions to cause a significant impact on climate change. Significance will be addressed by comparing project design features with actions recommended by State agencies for reducing GHG emissions and meeting State goals. If OPR, SCAQMD or another appropriate agency promulgate CEQA significance criteria for climate change prior to the completion of the project MND or EIR, BonTerra Consulting will coordinate with the City to agree on an approach to application of the criteria to the proposed project. Noise BonTerra Consulting will also prepare a noise study for the proposed park project. Short -term noise measurements will be made at up to four locations on /near the project site. The focus will be on residential areas potentially affected by activities at the park. The noise measurements will be made at each location for three different time periods: weekday afternoon, evening, and weekend morning. These measurements will be used to document the existing ambient noise environment. The .Federal Highway Administration (FHWA) highway noise model ( "FHWA Highway Traffic Noise Prediction Model," FHWA -RD -77 -108) will be used in conjunction with the noise measurements to describe existing noise levels in the project vicinity. Community noise standards relevant to this project are contained in the City of Newport Beach General Plan and in the City's Noise Ordinance. These standards will be summarized and their relevance to the project will be discussed. The potential noise impacts can be divided into short -term construction noise, impacts on surrounding land uses, and on -site noiselland use compatibility. Noise levels generated. by grading and construction activities will be estimated at nearby sensitive receptors. The application of the City's Noise Ordinance to control construction noise will be discussed. The noise.impacts associated with the project's traffic on adjacent land uses will be assessed in terms of the Community Noise Equivalent Level (CNEL) noise scale. Noise increases due to the project will be determined. Areas that will experience a significant noise increase will be identified. For the project scenario, the absolute noise levels experienced in these areas will then be determined, and the resulting land use /noise compatibility will be discussed. Potential noise impacts from operational activities at the uses proposed by the project will be assessed. Noise levels generated by activities on the project site including parking lot activities BonTerra Consulting Page 6 Revised Proposal Sunset Ridge Park Fsvironmentaf impact Report and activities on the sports field will be estimated at nearby sensitive receptors. Noise levels generated by the uses will be compared to the Noise Ordinance criteria to determine impacts. Traffic noise levels that will impact the project site will also be assessed for compatibility with the proposed land uses. Noise levels within the project area will be determined and compared to noise /land compatibility guidelines contained in the City of Newport Beach Noise Element and /or the State Compatibility Guidelines. Measures will be developed as necessary to mitigate off -site noise impacts. Task 2.2 Review of Technical Data /Reports Provided by the City BonTerra Consulting will review all technical studies and /or data prepared by the City's project team to be used for the environmental analysis related to the topics of geology and soils, hydrology and water quality, and visual simulations. This proposal assumes that BonTerra Consulting will review each technical report/technical data before they are incorporated into the CEQA documentation. BonTerra Consulting's review will focus on the adequacy of the reports /data for CEQA purposes and accurate representation of project- related information. If necessary reports and /or data are not available or are determined to be inadequate for incorporation into the.environmental document, BonTerra Consulting can modify its scope and fees to provide these additional technical studies. Task 2 Deliverables: 1. Prepare the following draft technical studies: biological resources, traffic, air quality, and noise. Review technical reports prepared by the City's consultants. 2. Consolidate and transmit comments on technical studies to applicable Project Team members. 3. Revise technical studies based on City comments. One set of revisions is assumed: 4. Review revised technical studies for incorporation into the EIR. 5. Review the following draft technical reports/data provided by the City for adequacy to meet CEQA requirements: geology and soils report, hydrology and water quality, and visual simulations. 6. Attend one review meeting with the City. TASK 3 CEQA DETERMINATION BonTerra Consulting will prepare a draft IS to determine whether there is a reasonable expectation that all environmental impacts can be mitigated to a level that is considered less than significant or whether the project would result in any significant unavoidable impacts. In compliance with the CEQA Guidelines §15063, the IS will contain a description of the. project, including: the location of the project; a discussion of the environmental setting; an identification of environmental effects; and a discussion of the mitigation program. This Scope of Work assumes that the City will provide BonTerra Consulting with necessary information to prepare the project description, including electronic files of the project site plan or other files in different formats suitable for use in exhibits for the environmental document. The discussion of the environmental setting will be based on a review of existing literature as well as a site visit. The discussion of environmental effects will follow the City's environmental checklist form. If the analysis prepared for the IS determines that all impacts can be mitigated, BonTerra can prepare an MND. If a fair argument can be made that the project could result in significant unavoidable impacts, an EIR would be required. In order to make this determination, BonTerra BonTerra Consulting Page 7 Revised Proposal Sunset Ridge Park Environmental Impact Report Consulting will use all available technical data and reports to be provided by the City as well as technical analyses prepared by BonTerra Consulting. Upon the City's determination by the City, BonTerra Consulting will either prepare an MND or an EIR. Regardless of whether an ISlMND or an EIR is prepared, for each topical issue addressed, the document will contain a discussion of the physical environment on the site and in the project vicinity. The regulatory framework applicable to the project will also be discussed. The CEQA documentation will clearly identify significant environmental effects anticipated for each environmental issue. Proposed significance criteria (thresholds of significance) will be submitted to the City for review and approval prior. to the preparation of the impact analyses. These thresholds will be stated to enable the reader to understand the analytical process used to identify potential project impacts. For each topical issue, the analysis will identify the level of significance prior to and after mitigation, based on the established thresholds. Establishing a nexus between the project- specific impacts and the cumulative impacts with the suggested mitigation is critical. BonTerra Consulting will differentiate between: features of the project (i.e., project design features) that can serve to partially /completely mitigate potential impacts; standard conditions and. requirements (e.g., compliance with building and energy codes); and "conventional" mitigation measures. Any project design features will be identified in the Project Description and then described in the impacts discussion for each technical section to specify how the design feature could "prevent or lessen" the significant impact. These design features, along with standard conditions of approval and mitigation measures, require monitoring to ensure that required features are implemented. "Conventional mitigation measures will _also `be provided for each significant impact, as required. Measures within each technical - section will be grouped according to the impact category. Project effects which cannot be rnitigated to a less than significant level will be identified. Following is a- description of the work effort for assessing potential environmental effects relative to each topical issue identified on the CEQA environmental checklist. Aesthetics BonTerra Consulting will characterize the existing aesthetic environment and visual resources, including a discussion of views from within the site and views of the site from surrounding areas. This Scope of Work assumes that the park will have no night lighting, with the exception of safety lighting. Architectural and design specifications, as available from the City, will be used. The visual assessment will be based on site reconnaissance, site photographs, and the noted architectural data. Available visual simulations and conceptual landscape plans will also be described in this section. Mitigation measures will be recommended to reduce potential aesthetic impacts to the maximum extent possible. Agricultural Resources The project site is located in an urbanized area and would not convert farmland to non- agricultural use. No portion of the project site is covered by a Williamson Act Contract or is located on land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance according to 2000 Natural Resource Conservation Service mapping. No agricultural resources impacts are assumed. Air Quality and Climate Change BonTerra Consulting will summarize the methodology and findings of the air quality analysis and climate change analysis. Son Tana Consulting Page 8 Revised Proposal Sunset Ridge Park Fvimnmental Impact Report Biological Resources The biological resources technical report prepared by BonTerra Consulting will be summarized in the environmental document. Cultural Resources BonTerra Consulting will conduct a cultural resources records search through the South Central Coast Information Center (SCCIC) at California State University, Fullerton and a paleontological records search through the Natural History Museum of Los Angeles County. The SCCIC is the State - designated repository for records concerning archaeological and historic resources in the project region. BonTerra Consulting will also contact the Native American Heritage Commission (NAHC) to request a search of the Sacred Lands File in an effort to identify cultural resources within the project area not contained within other databases. The findings of the records searches will be summarized in the environmental document. Mitigation, as necessary, will be identified. Geology and Soils. BonTerra Consulting will review and summarize the findings of the geotechnical report prepared by the project by the City's consultants. This Scope of Work assumes that the information contained in the technical report is adequate enough to address the issues identified in the CEQA checklist, that mitigation is identified, and that no additional technical work is required. The Geotechnical Report should address all issues identified in the City's CEQA Checklist. Available information. should include: (1) a literature search of readily available maps, aerials, and literature; (2) site reconnaissance; (3) identification of all active faults, maximum earthquake magnitudes, and expected project site ground motion; (4) an assessment of potential seismically- induced ground failure; (5) the identification of potential impacts, particularly associated with subsurface excavation; and (6) an evaluation of the feasibility and methods of mitigating potential geological and geotechnical hazards and constraints. Hazards and Hazardous Materials BonTerra Consulting will contract with Environmental Data Resources, Inc., to prepare a search of hazardous materials databases. Additionally, BonTerra Consulting will meet with the City of Newport Beach Fire Department to determine if there are any concerns related to hazardous materials located on the site or in the project area. Assuming that no sites of concern are identified, the results of the search will.be summarized and no additional technical work would be required. BonTerra Consulting will also consult available documentation for the project site and surrounding areas, such as the General Plan, to address other potential hazards. Mitigation will be identified as necessary. Hydrology and Water Quality BonTerra Consulting will summarize available Hydrology and Water Quality Technical Report(s) provided by the City. The Hydrology and Water Quality Reports should address all issues identified in the City's CEQA Checklist. BonTerra Consulting has assumed that the City will provide a preliminary storm water management plan (SWMP) that includes Best Management Practices (BMPs) to comply with the City's storm water permit requirements. Data should also be provided regarding the existing storm drain system's ability to accommodate this and other cumulative development in the study area. BonTerra Consulting will also evaluate the project's compliance with National Pollutant Discharge Elimination System (NPDES) permit requirements. BonTerra ConsuRing Page 9 Revised Proposal Sunset Ridge Park Environmental Impact Report Land Use and Planning Policies BonTerra Consulting will describe the existing on -site and surrounding land uses based on a site visit, review of aerial photographs, and information provided in existing documentation. A discussion of the project's compatibility with surrounding land uses and its consistency with the applicable goals and policies of the General Plan and Local Coastal Plan relevant to the project area will be provided. The City's Coastal Land Use Plan designates the site for Open Space. Mitigation measures will be provided, as necessary. Mineral Resources BonTerra Consulting will prepare a qualitative discussion addressing mineral resources. No impacts are anticipated. Noise BonTerra Consulting will incorporate the findings of the noise report into the environmental document. Population and Housing The proposed project does not include residential use and would not affect population and housing. No impacts are anticipated. Public Services and Utilities BonTerra Consulting will coordinate with service and utility providers to determine if the proposed park uses can be adequately served. Potential direct and indirect effects associated with project implementation can be related to provision of adequate service levels; environmental effects associated with the provision of additional utilities to the site; and the need to upgrade and /or provide additional facilities to serve the project. The analysis will be based on information obtained from coordination with the respective agencies (telephone and written correspondence) and information provided by other team members responsible for addressing the provision of wet and dry utilities to the project area. It is our understanding that storm drain easement and sewer easement cross the site, but would not require relocation as a part of the project. Transportation, Circulation, and Parking BonTerra Consulting will incorporate the findings of the transportation, circulation, and parking analysis prepared by Kimsey -Horn. TASK 4 INITIAL STUDY LEADING TO A MITIGATED NEGATIVE DECLARATION If there is adequate documentation or other available information to reach the conclusion that there will not be a significant environmental effect from project implementation, an IS leading to an MND will be prepared. Task 4.1 Preparation of ISIMND for Distribution The Draft IS will be revised to incorporate all comments by the City that are within the Scope of Work. Should comments require additional technical studies, an amendment would be required. The Approval Draft IS will be submitted to the City for review. Concurrent with preparation of the Consulffng Page 10 Revised Proposal Sunset Ridge Park Environmental Impact Report revised IS, BonTerra Consulting would prepare the necessary documentation for the MND, including a proposed finding that the project will not have a significant effect on the environment with implementation of a mitigation program. This will be submitted to the City for review with the revised IS. Following receipt of comments, BonTerra Consulting will finalize the document for reproduction /distribution. BonTerra Consulting will coordinate with the City on a mailing list for the distribution of the ISIMND. It is assumed that 40 copies of the ISIMND will be reproduced for distribution to the public, staff, and the decision makers. The document will also be provided in PDF format on CD. BonTerra Consulting will be responsible for the printing and distribution of the document. The City will be responsible for preparing and publishing all notices. Task 4.2 Responses to Comments Once the review period has ended, BonTerra Consulting will review the comments received and to develop an approach to responding to the comments. Topical responses with a brief summary of the issue and a reference back to the larger response will be used if, multiple.. comments are received on the same issue. This will allow a more complete way to address the comments without undue repetition. BonTerra Consulting, with assistance from the technical team members, will prepare comprehensive draft responses and submit them to the City for review. In compliance with CEQA Guidelines §15074, the lead agency's decision- making body must consider the proposed MND together with any comments received during the public review process. Task 4.3 Mitigation Monitoring To comply with Public Resources Code §21081.6, BonTerra Consulting will prepare a Mitigation Monitoring and Reporting Program (MMRP) for adoption at the time of the MND. The MMRP must be designed to ensure compliance with adopted mitigation requirements during project implementation. The program will be prepared in matrix format and will.provide the timing and responsibility for each mitigation measure. A draft copy will be submitted for City review and revisions will be made accordingly. Task 4.4 Notice of Determination Should the City take action to approve the project, BonTerra Consulting will prepare a Notice of Determination (NOD) to be filed with the County Clerk and the Governor's Office of Planning and Research. BonTerra Consulting will coordinate the necessary NOD filings. The City shall be responsible for filing- related fees, including the California Department of Fish and Game fees. Task 4 Deliverables: 1. Provide draft IS to the City for review. 2. Provide "proof check ". IS for review. 3. Distribute the IS /MND based on distribution list provided by the City. 4. Provide draft responses to comments and MMRP to the City for review. 5. Provide revised responses to comments and MMRP. 6. Prepare and file the NOD. BonTerra Consulting Page t t Revised Proposal Sunset Ridge Park Environmental Impact Report TASK 5 ENVIRONMENTAL IMPACT REPORT If the findings of the IS identify that not all potential impacts of the project can be mitigated to a level that is considered less than significant„ an EIR would need to be prepared. -The following identifies the anticipated scope should an EIR be required for the project. Task 5.1 Preparation of the Initial Study /Notice of Preparation BonTerra Consulting will use the IS prepared to make a determination as to the necessary type of CEQA documentation and will then prepare the Notice of Preparation (NOP). Where there is adequate documentation or other available information to reach the conclusion that there will not be a significant environmental effect from project implementation, topics would be "focused out" of the EIR and no further technical analysis will be required. It is anticipated that the topics of agricultural resources, mineral resources, and population and housing would be focused out. Conclusions and substantiating information will be documented in the IS /NOP. BonTerra Consulting will be responsible for preparing the IS /NOP, printing, and distributing the document. The City will be responsible for the preparing and publishing all newspaper notices. Task 5.2 Preparation of Screencheck EIR BonTerra Consulting will prepare the Screencheck EIR based on the NOP responses received, community and agency input, technical evaluation of the proposed project, and available and pertinent data. BonTerra Consulting's approach to preparing key sections of the EIR is provided below. Introduction and Project Description BonTerra Consulting would use and expand upon the project description prepared for the IS /NOP; The project description will include: • Regional and local setting; • EIR focus and effects found not to be significant; • Site history and existing land uses including prior and ongoing land uses; • Project objectives; • Project characteristics and important project features; • Infrastructure improvements (both on site and off site); • Circulation improvements (both on site and off site); • Project phasing; and • Intended uses of the EIR, including identifying responsible and trustee agencies. Environmental Setting /Existing Conditions BonTerra Consulting will prepare a description of the existing environmental setting of the project site and surrounding areas. The CEQA Guidelines require that the environmental setting reflect the conditions that exist at the time that the NOP is issued. BonTerra Consulting Page 12 Revised Proposal Sunset Ridge Park Envimnmenlal Impact Report Environmental Analysis and Impact Evaluation Consistent with the scope for. the IS /MND, .the EIR will contain a discussion of the physical environment on the site and in the project vicinity. The regulatory framework applicable to the project will also be discussed. The EIR will clearly identify significant environmental effects anticipated for each environmental issue based on the thresholds of significance that are established in cooperation with the City: Each section of the EIR will present and analyze the proposed project for the major phases of development, as appropriate. BonTerra Consulting believes in impact avoidance and will make recommendations throughout the documentation process to minimize or avoid impacts. The same technical environmental topics identified for the IS would be addressed in the EIR. Additionally, the EIR must address the topics listed below. Alternatives BonTerra Consulting will provide an assessment of alternatives to the proposed project. These alternatives will be based on CEQA requirements and discussions with City. This Scope assumes that three alternatives to the proposed project will be qualitatively assessed, including the No Project/No Development Alternative and a design altemative. Descriptions of each alternative will be provided to the City prior. to the submittal of the Screencheck EIR. As required by CEQA, the'. EIR alternatives will be designed to reduce or eliminate, where possible, the impacts identified for the proposed project. Additionally; it is assumed that technical reports will, at a minimum, qualitatively address the impacts for each alternative for their respective environmental issues. Quantitative analyses can be provided but are not assumed in this Scope. Required CEQA Topics The following CEQA- required sections will be prepared and submitted as a part of the Screencheck EIR: executive summary; long -term impacts; significant irreversible environmental changes; significant unavoidable adverse impacts; growth- inducing impacts; references; and preparers and contributors, agencies and persons consulted. Task 5.3 Preparation of Revised Screencheck and Draft EIR for Public Review Upon receipt of the City's comments on the Screencheck EIR, BonTerra Consulting will incorporate these comments and submit a revised Screencheck EIR to the City. This Scope of Work assumes one round of review of the EIR by the City. Upon receipt of comments from the City on the revised Screencheck EIR, BonTerra Consulting will prepare a "proof check" copy of the Draft EIR for final approval prior to reproduction and public distribution. BonTerra Consulting will be responsible for reproducing and distributing copies of the Draft EIR to the State Clearinghouse and to those on a distribution list prepared in consultation with the City.. BonTerra Consulting will be responsible for the following CEQA notices: Notice of Preparation, Notice of Completion /Notice of Availability and Notice of Determination. The City will be responsible for all newspaper notices. The City shall be responsible for filing- related fees, including the California Department of Fish and Game fees. Task 5.4 Preparation of Responses to Comments As noted for the IS /MND scope, BonTerra Consulting will review all comments provided to the City on the Draft EIR from the State Clearinghouse and other parties. BonTerra Consulting will be responsible for organizing the comments received, assigning responsibilities to the Project BonTerra Consulting Page 13 Revised Propose! Sunset Ridge Park Envimnmental Impact Report Team for responding to comments, and incorporating all input from the team into the Responses to Comments document. This Scope of Work assumes the preparation of responses to comments as a separate document. The document will include an introduction, list of commenters, and copies of all comments. BonTerra Consulting will mail responses to public agencies who submitted comments in accordance with CEQA. Task 5.5 Mitigation Monitoring BonTerra Consulting will prepare a Mitigation Monitoring and Reporting Program (MMRP) for review by the Planning Commission and adoption by the City Council. The MMRP will be prepared at the same time as the Responses to Comments document. If the Planning Commission and /or City Council modify the project and /or recommended conditions of approval /mitigation measures for the proposed project, BonTerra Consulting will revise the MMRP. An estimate of the work effort associated with these revisions is assumed in this proposal. Task 5.6 Findings of Fact and Statement of Overriding Considerations BonTerra Consulting will prepare draft Findings of Fact and Statement of Overriding Considerations for use by the Planning Commission and the City Council. This Scope of Services assumes that the documents will be used for the Planning Commission's consideration of the project and will be revised based on any modifications to the project and /or conditions or approval/mitigation program set forth by the Planning Commission and /or City Council. Task 5 Deliverables: 1. Provide a,- draft Project Description to the City for review and comment. 2. Provide screencheck EIR to City for review and comment. 3. Provide revised screencheck EIR to City for review and comment. 4. Prepare "proof check" EIR for City for final review. 5. Distribute the Draft EIR based on distribution list provided by the City. 6. Provide draft responses to comments document and MMRP to the City for review. 7. Provide revised responses to comments document and MMRP and mail responses to public agencies. 8. Prepare draft and final Findings of Fact and Statement of Overriding Considerations. 9. Prepare and file the NOD. TASK 6 PROJECT MANAGEMENT AND MEETINGS BonTerra Consulting will be responsible for the management of the proposed project's CEQA process. This includes not only the review of technical reports, but also ongoing coordination with the City to ensure compliance with the scopes of work, the schedule, and the dissemination of information. This scope assumes regular interaction between the BonTerra Consulting and the City. This approach will assist in coordination efforts, decision making, and data acquisition without requiring additional time or resources. BonTerra Consulting Page 14 Revised Proposal Sunset Ridge Park Environmental lmpaot Report BonTerra Consulting will be available to participate in project meetings with staff throughout the CEQA process. Based on our past experience with the City of Newport Beach, we have found that electronic and telephone communications are highly effective tools to disseminate information, review technical and environmental documents, and validate schedules. Minimizing face -to -face meetings is both a time - efficient and cost - saving approach to effective communication. However, some meetings are best handled in a group setting. Prior to beginning the EIR preparation, BonTerra Consulting will attend one Kick -off Meeting. This Scope of Work also assumes BonTerra Consulting's participation in 10 team meetings /conference call meetings. BonTerra Consulting will attend two public hearings for the proposed project; will assist in the preparation for these hearings; and will be available to answer questions regarding the environmental document. Task 6 Deliverable: 1. Total meeting attendance assumes the following: • One kick -off meeting • Nine team meetings /conference call meetings • Two public hearings BonTen Consulting Page 15 Revised Proposal Sunset Ridge Park Environmental Impact Report D. FEE ESTIMATE Task Description Fee Task 1 Project Initiation $ 1,860.00 Task 2 Technical Report Preparation and Review 2.1 Preparation of Technical Reports Biological Resources: BonTerra Consulting 10,750.00 Air Quality & Noise Reports: BonTerra Consulting 13,240.00 Climate Change: BonTerra Consulting 2,510.00 Traffic, Circulation, and Parking: Kimley -Horn 38,643.00 Consultant Administration 3,864.00 2.2 Review of Technical Data/Reports Provided by the City 5.760.00 $74,767.00 Task 3 CEQA Determination $12,050.00 Task 4 Initial Study Leading to a Mitigated Negative Declaration 4.1 Preparation of IS /MND for Distribution $ 6,940.00 4.2 Responses to Comments 3,495.00 4.3 Mitigation Monitoring 2,180.00 4.4 . Notice of Determination 250.00 $12,865.00 Task 5 Environmental Impact Report 5.1 Preparation of Initial Study /Notice of Preparation $ 2,960.00 5.2 Preparation of Screencheck EIR 44,260.00 5.3 Preparation of Revised Screencheck and Draft EIR for Public Review 15,440.00 5.4 Responses to Comments 6,660.00 5.5 Mitigation Monitoring 2,180.00 5.6 Findings of Fact and Statement of Overriding Considerations 6.600.00 $78,100.00 Task 6 Project Management and Meetings Estimated Reimbursable Direct Costs Mailings Records Searches Document Reproduction Deliveries /mileage Initial Study /Mitigated Negative Declaration Professional Fees Environmental Impact Report Professional Fees $25,620.00 $ 1,500.00 1,450.00 2,000.00 to 7,500.00 200.00 $5,150.00 to 10,650.00 $132,312.00 $203,047.00 BonTerra Consulting Page 16 Revised Proposaf Sunset Ridge Park Environmental Impact Report Fee Assumptions 1. Modifications to the project description and /or project assumptions will require a scope and budget augment 2. Additional review cycles and /or revisions to technical reports and the IS /MND or EIR will require a budget augment. 3. Attendance at 10 project meetings /conference call meetings and 2 public hearings is assumed. Additional meetings and /or hearings will be attended on a time -and- materials basis. 4. Preparation of the Responses to Comments document assumes 29 technical hours for an IS /MND or 54 hours for an EIR; should responses require additional work, a budget augment will be required. 5. Direct costs are based on best available information. Actual fees for distribution of documents will be provided to the City based on a finalized distribution list. 6. Reserve fund cannot be used without prior authorization from the City for project - related labor or direct cost work tasks. Responsibility of City of Newport Beach The following information shall be provided to the consultant in order to complete the analysis described in this proposal. 1. All previous environmental documents prepared for the subject property and vicinity of the property. 2. All pertinent technical analyses prepared by /for the City, including, but not limited to: soils and geology; hydrology, water quality and engineering; infrastructure assessment; visual simulations and analysis. 3. A large -scale topographic map (i.e., 1" = 100') of the subject property (in reproducible form). 4. Aerial photograph, if available. 5. A complete project description, including a statistical summary of the proposed project and plans reflecting the proposed development plan and related discretionary. action necessary to implement the proposed project. 6. Conceptual Development Plan, Conceptual Grading Plan, Conceptual Circulation Plan, etc. 7. Phasing /Development Plan that provides statistical summary of the anticipated sequence of development. 8. Large -scale plans reflecting grading and site design. 9. Cross - sections and visual simulations illustrating "existing" and "post- development" conditions. BonTema Consulting Page 17 Revised Proposal Sunset Rldga Park Environmental Impact Report 10. Adopted City of Newport Beach General Plan (all elements, including Local Coastal Program) and Zoning Ordinance. 11. Impact significance criteria adopted by the City of Newport Beach (if any). 12. List of cumulative projects (i.e., proposed, approved and pending). 13. Notice of Preparation distribution list. BwTerra Consulting Page 18 Revised Sunset Ridae Park Envimnmental Imea FEE SCHEDULE November 14, 2008 Bon Tens Consulting Page 19 ;Rcurs $70 EstfWfgtF'Ar$�� CetiRn Ate`HAkrs . 5 dpi r2 i Foe -,� Hptf ., � x=4 ou6 E ND F P'Iffe4I*. `:F , Fae .� : H6urs, e Total ' -.ISIMND EIR Task l: InklatlonlKick off 7 $1,400 4 $460 $1,660 $152,112 $207,047 i Task 2: Tec Report Biological Resources 10 $1,650 72 $3,680 41 $3,075 18 $1,620 6 $480 3.5 $245 $10,750 AO and Noise 65 $12,675 4 $320 3.5 $245 $13,240 Climate Change 12 $2,740 1.25 $100 1 $70 $2,510 Traffic: Kimley -Horn $0 $38,647 Consultant Administration $3,864 City's Reports 15 $7,000 24 $2,760 $6,760 Task 7: CEOA Determination 12 $2,400 40 $4,600 40 $3,000 12 $1,080 6 $480 7 $490 $12,050 Task 4: ISIMND ISIMND 4 $800 24 $2,760 24 $1,600 4 $720 2- $140 16 $1,120 $6,940 Responses to Comments 4 $800 9 $1,075 16 $1,200 4 $320 2 $140 $7,495 Mitigation Monitoring 2 $23D 22 $1,650 2 $160 2 $140 $2,180 NOD 2 $150 1.5 $105 $250 Task 5: EIR IS /NOP 2 $400 6 $690 4 $360 4 $320 5 $350 12 $840 $2,960 Screencheck EIR 27.25 $4,650 192 $22;080 90 $6,750 36 $7,240 54 $4,320 46 $3,220 $44,260 Revised Sceeencheck & Draft EIR 24 $4,800 0 0 40 $4,600 40 $7,000 8 $720 11.5 $920 12 $840 8 $560 $15.4401 1 Responses to Comments 5 $1,000 5 $975 4 $660 16 $1,840 21 $1,575 0 $0 5 $400 3 $210 0 $0 $6.6601 1 Mitigation Monitoring 2 $270 22 $1,650 2 $160 2 $140 $2.180 Findings 8 $1,600 18 $2,070 32 $2,400 4 $720 3 $210 $6.600 Task B: Profact Management and Meetings 80 $16,00 0 0 0 80 $9,200 0 6 $420 $25,620 Directs ISIMND EIR Mailings $1.500 $1,500 $5150 Record Search $1,450 $1,450 Reproduction $2.000 57,500 Deliveries/mileage $200 1 $200 Bon Tens Consulting Page 19 City of Newport Beach NO, BA- 09BA -024 BUDGET AMENDMENT 2008 -09 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues qX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $50,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations for costs associated with concept plan efforts for Sunset Ridge Park. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 412 3605 REVENUE ESTIMATES (3609) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Sunset Ridge Park Fund - Fund Balance Description Signed: Signed Financi I Approval: Administr ve Services Director Administrative Ap val: City Manager Amount Debit Credit $50,000.00 * AutomeUc $50,000.00 Date d D D46 Signed: City Council Approval: City Clerk Date Description Division Number 7412 Sunset Ridge Park Fund Account Number C5100515 Sunset Ridge Park Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed Financi I Approval: Administr ve Services Director Administrative Ap val: City Manager Amount Debit Credit $50,000.00 * AutomeUc $50,000.00 Date d D D46 Signed: City Council Approval: City Clerk Date