HomeMy WebLinkAbout08 - PSA for the Proposed 180 -Room Hotel Project Located at 4311 Jamboree Road (PA2015-208)TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
January 12, 2016
Agenda Item No. 8
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Rosalinh Ung, Associate Planner
PHONE: 949-644-3208
TITLE: Professional Service Agreement with PlaceWorks for Environmental
Services for the Proposed 180 -Room Hotel Project Located at 4311
Jamboree Road (PA2015-208)
ABSTRACT:
Staff requests approval of an agreement with PlaceWorks for environmental consulting
services for a proposed 180 -room hotel development to be located in Phase 1 of the
Uptown Newport Planned Community located at 4311 Jamboree Road.
RECOMMENDATION:
Approve the Professional Services Agreement with PlaceWorks and authorize the
Mayor and City Clerk to execute the agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. The consulting service cost of $185,598
will be reimbursed to the City by the applicant (TSG — Parcel 1, LLC).
DISCUSSION:
On February 26, 2013, City Council certified the environmental impact report (EIR) and
approved the necessary entitlement applications for the Uptown Newport Planned
Community in the John Wayne Airport area. The project consists of 1,244 residential
units, 11,500 square feet of neighborhood -serving retail space, and approximately two
acres of park space. Hotel development was not contemplated as part of the original
entitlements; therefore a hotel is not a permitted use in the Uptown Newport Planned
Community.
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PSA for Environmental Services
January 12, 2016
Page 2
On November 16, 2015, the applicant submitted an application for legislative and
discretionary approvals to modify the General Plan and Uptown Newport Planned
Community regulations to accommodate a future hotel. Attachment B provides an aerial
photograph of the project site and indicates the approximate location of the hotel. This
application will require review and action by both the Planning Commission and City
Council. Because of the project's proximity to John Wayne Airport, the project will also
be reviewed by the Airport Land Use Commission for consistency with the Airport Land
Use Environs Plan.
The certified EIR did not consider a hotel; therefore, additional environmental analyses
including a traffic study are necessary. PlaceWorks prepared the prior EIR and given
their familiarity with the project, they are the logical choice to prepare the supplemental
analysis. The cost estimate for the preparation of an EIR Addendum is $123,942 or
$185,598 for the preparation of a Supplemental EIR. The decision as to the appropriate
environmental document will be made after further evaluation; therefore, the contract is
for the higher dollar amount.
ENVIRONMENTAL REVIEW:
Retention of consultants is not a project as defined by California Environmental Quality
Act (CEQA).
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Professional Services Agreement with PlaceWorks
Attachment B — Project Site Exhibit
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Attachment A
Professional Service Agreement
With PlaceWorks
M
PROFESSIONAL SERVICES AGREEMENT
WITH PLACEWORKS, INC. FOR
UPTOWN NEWPORT ENVIRONMENTAL IMPACT REPORT
ADDENDUMISUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR
UPTOWN NEWPORT HOTEL
THIS PROFESSIONAL_ SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 22nd day of December, 2015 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and PI_ACEWORKS, INC., a California corporation ("Consultant"), whose
address is 3 MacArthur Place, Suite 1100, Santa Ana, California 92707, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to prepare Uptown Newport Environmental
Impact Report Addend urn/Supplemental Environmental Impact Report for
Uptown Newport Hotel ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2016, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Eighty Five Thousand Five Hundred Ninety Eight Dollars and 001100
($185,598.00), without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of
City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated JoAnn Hadfield to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department, Planning Division. City's Associate Planner or designee shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
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perform all Services in a manner commensurate with the highest professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City. By delivery of completed Work, Consultant certifies that the
Work conforms to the requirements of this Agreement, all applicable federal, state and
local laws, and the highest professional standard.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12, CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
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be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
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1 7.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, Including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
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borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), 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.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25, NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Rosalinh Ung, Associate Planner
Community Development Department, Planning Division
City of Newport Beach
100 Civic Center Drive
PO B.ox 1768
Newport Beach, CA 92658
25.3 All .notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: JoAnn Hadfield
Placeworks, Inc.
3 MacArthur Place, Ste. 1100
Santa Ana, California 92707
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
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28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1Z/1��15
By-, �
Aaron C. Harp 5
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B. Dixon
Mayor
CONSULTANT: Placeworks, Inc., a
California corporation
Date:
By:
JoAnn Hadfield
Principal, Environmental Services
Date:
By:
Keith McCann
CFO
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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SCOPE OF SERVICES
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December 7, 2015 (revised December 8, 2015)
Rosalinh Ung, Associate Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Scope of Work and Cost Estimate to Prepare an EIR Addendum or Supplemental EIR forthe Modified
Uptown Newport Project (One Newport, the addition of a 180 -Room Hotel)
Dear Rosalinh:
We are looking forward to working with the City again on the Shopoff Group's Uptown Newport Project. This
submittal detaiis our proposal to provide CEQA services required to support the approval of the addition of a 180 -
room hotel on the project site. Per your request, we have provided separate scopes of work and associated cost
estimates for preparation of 1) an EJR Addendum and 2) a Supplemental Environmental Impact Report (SEIR). The
following proposal includes the following:
» Project Understanding
» Supplemental Analysis under CEQA
» Technical Study Preparation
» Scope of Work
- EIR Addendum
- SEIR
- Technical Studies (same for Addendum or SEIR)
» Cost Estimates
- EIR Addendum
- SEIR
» Schedule
We have previously provided the City with detailed MS Project Schedules for preparation and processing of both an
EIR Addendum and an SEIR. Upon Notice to Proceed and our participation in a project kick-off meeting, we will
refine the schedule(s) based on additional project information, including an updated start date.
Project Understanding
The Uptown Newport EIR (SCH #2010051094) was certified by the Newport Beach City Council in February 2013.
The adopted Uptown Newport Planned Community Development Plan (PCDP) allows a mix of uses with up to 1,244
residential units, 11,500 square feet of neighborhood -serving retail space, and approximately two acres of park
space. Proposed buildings would range from 30 to 75 feet in height, with residential towers up to 150 feet high. The
project will occur in two phases, projected to be completed by 2018 and 2021, respectively, The first phase,
including demolition of existing structures, has been initiated.
The proposed modifications would accommodate the development of a new 180 -roam hotel. This use would be
additive to the uses already approved for the project site. Entitlements would include amending the Uptown
Newport PCDP to allow a hotel as a permitted land use and updating the designation of PCDP High -Rise Zones within
the project site. The proposed hotel site, currently designated with a 75 -foot height limit, would be redesignated as
a "High -Rise Zone," allowing building height up to 150 feet. The zone adjacent to Jamboree Road (buildings currently
under construction) would be removed from the High -Rise Zone. The proposed 180 -room hotel, One Newport,
3 MacArthur Place, Suite 11.00 1 Santa Ana, California 92707 1 71.4,966.9220 1 PlaceWorks.com
would be approximately 230,000 square feet and would also include meeting rooms, spa facilities, food and
beverage outlets, rooftop pool amenities and support space, and three levels of subterranean parking. At
completion, the 13 -story business luxury hotel would be 148 feet high and connect to a future adjacent
condominium development. The hotel would be completed as part of Phase 1 of the overall development,
Supplemental Analysis under CEQA
GENERAL
The requirements for supplemental review under CEQA are included in CEQA Guidelines Sections 15162 to 13164.
In general, a Subsequent or Supplemental EIR is required if the proposed changes to the original project would
result in any new significant impacts or substantially increase the severity of previously identified significant effects.
A Subsequent or Supplemental EIR would also be required if substantial changes in the circumstances under which
the project is undertaken would require major revisions to the previous EIR due to new significant effects or
substantial increases in previously identified significant effects. If these conditions apply but only minor changes are
required to make the previous EIR adequate, the project is eligible for a Supplemental EIR. The Supplemental EIR
need only contain the information necessary to make the original EIR adequate for the project as revised. A
Supplemental EIR is processed in the same manner (noticing, public review, Final EIR, etc.) as the original EIR.
Under Section 15164, an Addendum to the original EIR may be prepared if some changes or additions to the original
EIR are required, but the revised project or changes in circumstances would not result in new significant impacts. No
public review is required for an Addendum.
An Addendum or Supplemental EIR is required to evaluate on€y the changes in the project, changes in
circumstances, or new information that led to the preparation of the Supplemental FIR or Addendum. In other
words, the project as presented in the prior EiR is effectively treated as part of the baseline for the subsequent
environmental review. Only the incremental differences in impacts are assessed (or mitigated, as necessary). Either
document, however, also has to evaluate the potential for changes in circumstances since the original EIR was
prepared, and whether those changes would result in significant effects in association with the proposed project.
UPTOWN NEWPORT CONSIDERATIONS
The supplemental analysis must be prepared in order to make the original CEQA documentation adequate for the
project as modified. The Uptown Newport EIR is unique because, not only did it quantify two major development
phases, it included ongoing operation of the adjacent Towerlazz industrial facility in conditions after Phase 1
development. Moreover, the duration of this condition is uncertain because it is dependent on whether the lease is
extended after its original termination in 2017. For defensibility, it is important that the supplemental CEQA
documentation, whether an Addendum or SEIR, evaluate the environmental impacts of conditions (existing and
cumulative) with the new hotel upon buildout of Phase 1 and upon buildout of the entire project (Phase 2).
Technical Study Preparation
APPLICANT PROVIDED STUDIES
To date, we have received the following technical studies/memorandums forwarded by the City:
» Geotechnical Evaluation, EEI Geotechnical & Environmental Solutions, October 20, 2015
» Due Diligence Research Summary, hall & Foreman, October 12, 2015
>> Human Health Risk Assessment No Further Action Letter, California Regional Water Quality Control Board Santa
Ana Region, November 1, 2012 (former document previously included in Uptown Newport EIR)
December 7, 2015 (revised December 8, 2015) t Page 2
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It is our understanding that the applicant will also provide a Phase I ESA.
PLACEWORKS TEAM PREPARED STUDIES
As described in the following scopes of work, PlaceWorks and our subconsultants will prepare the following:
» Air Quality/Greenhouse Gas Analysis (PlaceWorks)
>> Noise & Vibration Analysis (PlaceWorks)
Traffic Impact Analysis (Kimley-Horn & Associates)
>> Cultural Resources (Cogstone)
Scope of Work
EIR ADDENDUM
Task 1— Project Initiation/Kick-off Meeting
PlaceWorks will attend one project initiation/kick-off meeting with City staff and the Project Applicant. Our project
manager (PM) and assistant PM will attend this meeting to confirm the project description, environmental
approach, scope, and schedule. The discussion should include known issues and opportunities as observed by City
staff, Project Applicant, and the consultant team. PlaceWorks will request any additional project information needed
to refine the project description and complete environmental analysis.
Deliverable(s):
• Meeting attendance (PM and assistant PM)
• Data Request
• Updated MS Project schedule
Task 2 — Screencheck EIR Addendum
PlaceWorks will complete an Addendum, which will include the following sections: Introduction, Environmental
Setting, Project Description, Environmental Checklist and Analysis, List of Preparers, and References.
Like the orlginal EIR, the Addendum will be structured to address conditions at buildout of Phase 1 and buildout of
Phase 2, The Addendum will address the incremental impacts to the project, including construction -related and
operational impacts, as well as any changes to offsite impacts. Our scope includes responses to each topical
environmental question (17 CEQA topics, e.g., aesthetics, air quality, agriculture/forest resources, cultural
resources) in sufficient detail to substantiate the project's eligibility to be processed with an EIR Addendum (i.e., no
new significant impacts), Particular attention will be paid to potential traffic, AQ/GHG, noise and vibration,
aesthetics, and hazards impacts (both related to the TowerJazz operation and John Wayne Airport and regulations).
Impacts will be quantified as necessary, and support graphics provided. Technical studies will be included as
appendices to the Addendum.
Dellverable(s):
• Screencheck EIR Addendum (electronic copy)
Task 3 — Final EIR Addendum
PlaceWorks anticipates one primary round of document review with the City. We will revise the Addendum to
address the comments and finalize the Addendum. Our cost estimate provides our estimate of hours to revise the
document. It is not anticipated that substantive changes will be required or that any technical modeling update will
be necessary. If this becomes the case, a budget augment may be necessary.
December 7, 2015 (revised December 8, 2015) 1 Page 3
RAN
As noted above, an Addendum does not require public review; therefore, upon City approval, it can serve as the
final environmental documentation for the modified Uptown Newport project. It is our understanding that the
Addendum will nevertheless be posted on the City's website to be available for public review prior to public hearings
on this project.
Deliverable(s):
• 10 hard copies and 10 CDs of Final EIR Addendum
Task 4— Public Hearings and Meetings
PlaceWorks' PM and assistant PM will attend up to two coordination meetings, and our PM will attend two public
hearings (1 Planning Commission and 1 City Council hearing) at the City of Newport Beach.
Deliverable(s):
• 2 conference calls and 2 public hearings
Task 5 — Project Management and Coordination
PlaceWorks will coordinate closely with the City to ensure the Addendum is legally defensible, accurate, and useful
when considering the approval of the project. Project management responsibilities include: task scheduling and
assignment; management of resources; monitoring of costs and schedule adherence; and coordination and
communications with the project team to ensure compliance with policies, procedures, and any applicable codes. If
this schedule is extended beyond the control of PlaceWorks, a budget augment may be requested for this task.
SUPPLEMENTAL EIR
Task 1— Project Initiation/Kick-off Meeting
This task is the same as for the EIR Addendum. At projec. initiation and the kick-off meeting, it will not be certain
whetherthe project will be eligible for an Addendum.
PlaceWorks will attend one project initiation/kick-off meeting with City staff and the Project Applicant. Our PM and
assistant PM will attend the meeting at the City to confirm the project description, environmental approach, scope,
and schedule. The discussion should include known issues and opportunities as observed by City staff, Project
Applicant, and the consultant team. PlaceWorks will request any additional project information needed to refine the
project description and to complete environmental analysis.
Deliverable(s);
• Meeting attendance (PM and Assistant PM)
• Data Request
• Updated MS Project Schedule
Task 2 — Screencheck Draft Initial Study/NOP
PlaceWorks will prepare an Initial Study (IS), which will include a comprehensive project description and analyze
each topical area of the CEOA Appendix G checklist:
December 7, 2015 (revised December 8, 2015) 1 Page 4
» Aesthetics
» Agriculture/Forestry Resources
» Air Quality
» Biological Resources
» Cultural Resources (including Tribal Cultural Resources)
» Geology/Soils
» Greenhouse Gas Emissions
» Hazards/Hazardous Materials
» Hydrology/Water Quality
rd f.
i
A001111
» Land Use/Planning
» Mineral Resources
» Noise
» Population/Housing
» Public Services
» Recreation
» Transportation/Traffic
» Utilities and Service Systems
Findings will be clearly substantiated for each checklist question to conclude that impacts are less than significant or
potentially significant, At this time, we anticipate that the only CEQA topics that will be eliminated from further
review (not carried through to the SEIR) will be Agriculture/Forestry Resources, Mineral Resources, and Biological
Resources. Note that for some topics, individual subtopics and impact statements may be eliminated from further
review in the SEIR. For example, under Land Use and Planning, the modified project would not physically divide an
established community. And under Population and Housing, the project would not displace existing housing/people
or necessitate the construction of replacement housing elsewhere. The SEIR, however, will include Land Use and
Planning and Population and Housing sections to address the remaining checklist questions.
Under the recently approved Assembly Bill 52 (AB 52), a discussion of potential impacts to tribal cultural resources
will be included in our Initial Study. The draft CEQA Guidelines tribal cultural resources checklist question will be
used to provide adequate analysis—"Will the project cause a substantial adverse change in the significance of a
tribal cultural resource as defined in Public Resources Code Section z1074?" We understand that the City has
already received one or more letters of interest from tribal groups in the Newport Beach area, and Cogstone, our
cultural resources subconsultant, will assist the City with Senate Bill 18 (SB 18) and AB 52 tribal consultation. Please
refer to Technical Studies, Cultural Resources scope of work.
In addition to the Initial Study, PlaceWorks will prepare the draft Notice of Preparation (NOP), which will provide
notice of a public scoping meeting and will clearly identify the time period, contact person, and address established
for submitting responses during the 3C -day public review period, We will submit the IS/NOP for review by the City.
Task 3 — Initial Study/NOP
PlaceWorks will revise the IS/NOP per comments received by the City. After City approval of the "proof -check"
IS/NOP, PlaceWorks will assist the City in preparing a distriaution list to ensure proper noticing of all applicable state
and local agencies, surrounding property owners, and other special interest groups or individuals identified by the
City. PlaceWorks will file the NOP with the State Clearinghouse and County Clerk, and the City will be responsible for
publishing the NOP in the local newspaper.
Deliverables:
9 3 hard copies and 1 CD of the Screencheck IS/NOP
• 5 hard copies and 25 CDs of the IS/NOP for distribution
• Certified mailing to agencies and general public
• Filing of IS/NOP with State Clearinghouse/County Clerk
Task 4 — Public Scaping Meeting
PlaceWorks will assist the City in organizing and conducting one public scoping meeting to present the preliminary
environmental impacts of the modified Uptown Newport project and to solicit comments regarding the scope and
December 7, 2015 (revised December 8, 2015) 1 Page 5
content of the environmental issues to be addressed in the SEIR. We will prepare a PowerPoint presentation for the
meeting to be reviewed by the City prior to finalization. At the meeting, we will be prepared to discuss the
environmental review process and to answer specific questions, as desired by the City.
It is recommended that the scoping meeting be held 1 to 2 weeks after the release of the NOP so that responsible
agencies and the public have time to read through the IS/NOP, and public concerns about environmental issues can
be identified. After the meeting, we will prepare a summary table of comments that will be included in the SEIR,
with references to where each comment is addressed or an explanation of why it is not addressed (e.g,, not an
environmental issue).
Deliverables:
• Preparation and attendance at the public scoping meeting (PM and assistant PM)
• Sign -in sheet, PowerPoint presentation, and comment cards (up to 50)
Task 5 — Screencheck Draft SEIR
The Screencheck Draft SEIR wilt be prepared to include all the sections needed to make the 2013 EIR adequate for
the Uptown Newport project as amended. As previously noted, each topical section will be organized to assess
Phase 1 and Phase 2 scenarios with addition of the 180 -roam hotel. The EIR will be as concise as possible by tiering
off of the original EIR. For example, we will not reproduce lengthy environmental setting sections, but will refer to
any conditions and regulations that have changed since the original EIR. Several of these sections, however, will be
condensed to take advantage of tiering off (and referring to) the 2013 EIR sections. The SEIR is anticipated to include
the following sections:
» Executive Summary
Introduction
» Project Description
» Environmental Setting
» Discussion of Existing Conditions, Environmental Analysis, and
Mitigation Measures
» Cumulative Impacts
» Consideration of Significant Effects
» Project Alternatives (to address any
new significant impacts which have
triggered the SEIR)
» Organizations and Persons Consulted
Each topical section of the document will; (a) summarize any update to existing environmental conditions and
pertinent regulatory policies and programs subsequent to the original EIR, (b) define the criteria by which impacts
will be determined to be significant, (c) determine the incremental environmental changes that would result from
the modified Uptown Newport project, (d) evaluate the significance of those incremental changes with respect to
the impact significance criteria (thresholds), (e) define mitigation measures to reduce or avoid all potentially
significant adverse impacts, and (f) provide a conclusion as to whether significant impacts would remain, even after
successful implementation of recommended mitigation measures. Each section will also be supplemented with
applicable GIS -based graphics to enhance the analysis and clarify the project's environmental impacts. Our scope of
work also assumes that a quantified analysis will be included for our technical studies—air quality, greenhouse gas
emissions, noise, and traffic.
Topical Sections. As indicated above, it is anticipated that all 17 CEQA topical sections—with the exception of
Agriculture/Forestry Resources, Mineral Resources, and Biological Resources --will be carried through and included
in the SEIR. Analysis and findings of technical studies will be incorporated. Technical study scopes are described in
the section below. Complete technical studies (for stand-alone reports) and supporting modeling information (Air
Quality, GHG, Noise, and Traffic inventory) will be included in the SEIR appendices.
As required by CELLA, Place Works will also address potential Energy impacts pursuant to Appendix F. Energy will be
addressed in a separate section, "Other CEQA Considerations."
December 7, 2015 (revised December S, 2015) I Page 6
8-21
Consideration of Significant Effects: As required by CEQA, the SEIR will identify and focus on the significant effects of
the project and include the following discussions, as required by CEQA Guidelines, Section 15126,2;
» Effects Found Not to Be Significant
» Significant Unavoidable Impacts
» Significant irreversible Changes
» Growth -Inducing Impacts
Alternatives to the Proposed Project. Since the SEIR need only include the information necessary to make the 2013
EIR adequate for the Uptown Newport project as amended, project alternatives may or may not be required. If the
modified project results in any new significant impacts, a "reasonable range" of alternatives will be defined and
analyzed, Alternatives will be selected on the basis of their ability to: (1) avoid or reduce one or more of the
project's significant impacts; and (2) feasibly attain most of the basic objectives of the project.
Deliverables:
• S hard copies and 1 CD of the Screencheck Draft SEIR
Task 6 — Draft SEIR
PlaceWorks will incorporate and address City comments on the review of the Screencheck Draft SEIR. Our scope of
work includes two iterations of review. Upon approval of the revisions, we will forward a proof -check copy to the
City for final review. Upon approval we will prepare the Notice of Completion (NOC) for City approval and signature,
We will also prepare the Notice of Availability (NOA) for City approval and distribution by the City (including
publishing the NOA in the local newspaper).
PlaceWorks will assist the City in preparing a distribution list to ensure proper noticing to all applicable agencies and
other interested parties. We will also file the NOA and NOC with the State Clearinghouse and County Clerk.
Deliverables:
• 20 hard copies of the Draft SEIR with CDs of technical appendices in back cover
• 15 hard copies of Executive Summary (for State Clearinghouse)
• 25 CDs of the Draft SEIR for distribution
• Certified mailing to agencies and general public
• Filing of NOC and NOA with State Clearinghouse/County Clerk
Task 7 — Final SEIR
Responses to comments received on the Draft SEIR will be prepared in accordance with CEQA Guidelines Section
15089. Following receipt of all comments on the Draft SEIR, written responses will be prepared for each comment. A
Response to Comments section will be created for the Final SEIR and will contain an introduction describing the
public review process for the Draft SEIR, copies of all comment letters, and written responses to all comments.
Responses will focus on comments that address the adequacy of the Draft SEIR. Comments that do not address SEIR
adequacy will be noted as such, and no further response will be provided unless deemed necessary by the City.
Responses will be prepared by PlaceWorks with input from our technical specialists, as needed.
The estimated budget assumes that no additional basic research will be required to respond to comments, and that
the comments will be directed at the substance and technical adequacy of the Draft SEIR. Modification to the scope
of work, budget, and time frame may be necessary if any comments from agencies or the general public require
substantially increasing the scope of impacts and issues addressed in the Draft SEIR.
The Final SEIR will also include any revisions, updates, or corrections needed to respond to comments or address
minor errors in the Draft SEIR, Revisions will be made in underline, shading, and/or strike -out text.
December 7, 2015 (revised December 8, 2015 1 Page 7
8-22
PlaceWorks will revise the Final SEIR based on revisions provided by the City, Responses to comments from
responsible agencies will be distributed a minimum of 10 days prior to consideration of the Final SEIR by the City
Council.
Deliverables:
• Draft Response to Comments (electronic copy)
• Distribution of the Response to Comments to Commenting Agencies
• 10 hard copies and 1 CD of the Final SEIR (MMRP, described below, will be included in this deliverable)
Task 8 — MMRP, Findings of Fact/Statement of Overrides, and Notice of Determination
Mitigation Monitoring and Reporting Program
If required, a Mitigation Monitoring and Reporting Program (MMRP) will be prepared, pursuant to Section 21081.6
of the Public Resources Code. It will be presented in standard City format and will identify the significant impacts
that would result from the project, proposed mitigation measures for each impact, the times at which the measures
will need to be conducted, the entity responsible for implementing the mitigation measure, and the City
department or other agency responsible for monitoring the mitigation effort and ensuring its success. A draft MMRP
will be submitted to the City for review. Upon approval, the MMRP will be incorporated into the Final SEIR.
Findings of Facts and Statement of Overriding Considerations
The Findings of Fact (FOF) will be prepared consistent with the requirements of CEQA, The draft FOF will be
distributed to the City for review and comment. If required, we will prepare a Statement of Overriding
Considerations (SOC) for the project, consistent with the requirements of CEQA.
Notice of Determination
PlaceWorks will prepare a draft Notice of Determination (NOD) for review by the City. After the City takes action
certifying the Final EIR and approving the project, PlaceWorks will assist the City in filing the NOD with the State
Clearinghouse and County Clerk.
Deliverables:
• MMRP (included under Task 7)
• 2 hard copies and 1 CD of FOF and SOC
• Filing of NOD with State Clearinghouse/County Clerk
Task 9— Meetings and Hearings
PlaceWorks' PM and assistant PM will attend 4 coordination meetings in addition to the kick-off meeting (Task 1),
scoping meeting (Task 4), and two public hearings (PM only),
The PlaceWorks team will serve as an extension of City staff and will be prepared to make presentations and/or
answer questions regarding the environmental document and impact analyses. Additional meeting attendance by
PlaceWorks or by other members of the consultant team will be billed on a time -and -materials basis in accordance
with the hourly rates for the personnel involved,
Deliverables:
• 1 Kick-off Meeting (included under Task 1)
• 1 Public Scoping Meeting (included under Task 4)
• 4 Coordination Meetings (PM and assistant PM)
• 2 Public Hearings (I Planning Commission and 1 City Council hearing; PM only)
December 7, 2015 (revised December S, 2015) 1 Page 8
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Task 10-- Project Management and Coordination
As discussed above, PlaceWorks will coordinate closely with the City to ensure that the SEIR and associated
documents are legally defensible, accurate, and useful to decision makers when considering the approval of the
project. Project management responsibilities include; task scheduling and assignment; management of resources;
monitoring of costs and schedule adherence; management and coordination of subconsultants, including contract
administration and accounting; consultation and coordination with local and state entities relative to the
environmental review process; and coordination and communications with the City's project team to ensure
compliance with policies, procedures, and any applicable codes, If this schedule is extended beyond the control of
PlaceWorks, a budget augment may be requested for this task.
IIU:RI.10IISTA&A1oll]Mi
Technical Studies to Be Prepared by PlaceWorks
Air Quality/Greenhouse Gas Emissions
PlaceWorks will prepare an air quality and GHG emissions analysis to evaluate the potential incremental impacts
from operation of the 180 hotel rooms in comparison to the approved Uptown Newport project. Criteria air
pollutants and GHG emissions will be quantified using the California Emissions Estimator Model (CaIEEMcd) from
project -related transportation sources, area sources (i.e., landscaping fuel, architectural coatings, consumer
products), energy sources (i,e., natural gas consumption, energy use), water use and wastewater generation, and
solid waste generation (e.g., materials sent to landfills). Trip generatlon and/or vehicle miles traveled will be based
on data provided by Kimley-Horn. The analysis will also compare the net increase in criteria air pollutant impacts
from those analyzed in the 2013 EIR and substantiate that emissions, without additional mitigation, would not result
in significant AQ or GHG emissions (if this is not verified, a Supplemental EIR will be required). The results of the
technical analyses described above will be compiled in an Air Quality and GHG Emissions Technical Memorandum.
Deliverable(s):
• Air Quality/GHG Technical Memorandum, to be included as an appendix to the Addendum or SEIR
Noise and Vibration
PlaceWorks will review the potential noise and vibration impacts of the modified Uptown Newport project. The
review will focus on the incremental impacts of the proposed 180 -room hotel In comparison to the 2013 EIR. The
2013 EIR substantiated that buildout traffic -generated noise would not be significant. However, noise impacts were
identified at some outdoor areas (primarily patios and balconies) as well as in certain indoor living spaces. The
particulars of the proposed hotel's outdoor and indoor spaces, as well as its location on the site (in relation to
nearby roadways) will be assessed for traffic -related noise impacts and compared to the 2013 results. Incremental
impacts due to additional traffic flows generated by the hotel will be evaluated using data provided by Kimley-Horn.
The 2013 EER identified that both phases of the original project would create noise and vibration impacts at either
the TowerJazz facility (Phase 1) or at future residential units (Phase 2). On a preliminary overview basis, construction
noise and vibration effects are not expected to be notably different for the proposed hotel. This initial expectation
will be reviewed and verified during the technical evaluation.
The noise assessment will also be updated to reflect the hotel and modified high rise zones relative to John Wayne
Airport and applicable regulations. The technical assessment results will be compiled in a Noise and Vibration
Technical Memorandum for use in the Addendum or SEIR.
Deliverable(s):
• Noise and Vibration Technical Memorandum, to be included as an appendix to the Addendum or SEIR
December 7, 2015 (revised December 8, 2015) � Page 9
Subconsultant Technical Studies
Traffic Impact Analysis — Klmley-Horn and Associates
The applicant proposes to add a 180 -room business hotel to the Phase 1 area of the approved Uptown Newport
project. A Traffic Impact Study will be required to meet Traffic Phasing Ordinance (TPO) and CPC!A requirements.
Kimley-Horn's proposed scope of work is presented below.
1. Participate in a project kick-off meeting with the project team and City staff. Obtain information regarding the
proposed site uses, including land use and size, quantities, site access, parking, and layout of the proposed
development plan.
2. Conduct a site visit of the project area and document existing roadway conditions on the roadways and at the
study intersections.
1 The same City of Newport Beach study intersections that were included in the Uptown Newport traffic study
will be included in the study for the modified Uptown Newport project, as follows;
No.
Intersection
Control
1 *
MacArthur Boulevard/Birch Street
Signalized
2 *
MacArthur Boulevard/Von Karman Avenue
Signalized
3 *
MacArthur Boulevard/Jamboree Road
Signalized
4 **
MacArthur Boulevard SB Ramp/University Drive
Signalized
5 **
Von Karman Avenue/Birch Street
Signalized
6 **
Teller Avenue/Birch Street
Stop Controlled
7 *
Jamboree Road/Campus Drive
Signalized
8 *
Jamboree Road/Birch Street
Signalized
9 *
Jamboree Road/Bristol Street N
Signalized
10 *
Jamboree Road/Bristol Street S
Signalized
11 *
Jamboree Road/Bayview Way
Signalized
12 *
Jamboree Road/University Drive
Signalized
13 *
Campus Drive/Bristol Street N
Signalized
14 *
Birch Street/Bristol Street N
Signalized
15 *
Irvine Avenue/Bristol Street S
Signalized
16 *
Birch Street/Bristol Street S
Signalized
17 *
Bayview Place/Bristol Street S
Signalized
18 *
Irvine Avenue/Mesa Drive
Signalized
* =TPO Primary Intersection
** = Not a Primary Intersection —(New traffic counts will be collected)
Note: Current peak hour traffic data for the TPO Primary Intersections in the City of Newport Beach will be
provided by the City of Newport Beach. Kimley-Horn will collect morning and evening peak hour traffic data at
the remaining three study intersections in the City of Newport Beach, as indicated in the table above.
4. In addition to the study intersections in the City of Newport Beach, the Uptown Newport traffic study also
included 24 intersections in the City of Irvine. Kimley-Horn will work with City of Irvine staff to identify the study
intersections in the City of Irvine prior to proceeding with the analysis. Given that the Modified Uptown
December 7, 2015 (revised December 8, 2015) I Page 10
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Newport project is substantially smaller than the approved Uptown Newport project, it is assumed that an
additional 10 study intersections in the City of Irvine will be required.
All subsequent tasks in this preliminary scope reflect this assumption. We will coordinate with City of Irvine
representatives to discuss traffic study issues and requirements in the City of Irvine. If more or fewer study
intersections, or if different or additional requirements are required after meeting with the City of Irvine,
appropriate adjustments to the scope of services will be made accordingly.
5. Develop project trip generation estimates for the proposed project using the Institute of Transportation
Engineers' (ITE) Trip Generation Manual (9th ed.).
5. Develop trip distribution assumptions for the project traffic, based on likely origins and destinations of project
hotel guests, employees, and visitors. Project trip generation and trip distribution assumptions will be
presented to City staff for review and concurrence prior to proceeding with the analysis phase of the study.
7. Project traffic will be distributed through the study intersections, and the project traffic contribution to each
intersection will be identified.
S. Obtain TPC Committed Projects information, including project trip generation and distribution from approved
traffic studies, from the City of Newport Beach. For Committed Projects for which an approved study is not
available, we will develop trip generation and distribution assumptions. Note.- The approved Uptown Newport
project wlll be included as a Committed Project,
9. Conduct the City of Newport Beach TPO 1% analysis to determine the extent of the traffic study area.
10. Obtain cumulative project information from the City of Newport Beach and the City of Irvine. Develop trip
distribution and assignment assumptions for each cumulative project, based on approved traffic studies where
available; develop trip generation and trip distribution assumptions where traffic studies are not provided.
Compile cumulative project traffic volumes at the study intersections.
11. Obtain information from the City of Newport Beach and the City of Irvine regarding any committed roadway or
intersection improvements planned to be completed by one year after the project opening.
12. Obtain Irvine Traffic Analysis Model (TAM) forecast data for the Irvine study intersections from the City of
Irvine.. Develop peals hour turning movement forecasts for the project Opening Year.
13. Summarize operating conditions at the study intersections for the following scenarios:
a. TPO Analysis
i. Existing Conditions (Current traffic counts and intersection lanes)
ii. Year 2018 w/o Project: Existing + Growth f- Committed Projects (including Uptown Phase 1)
iii, Year 2018 w/ Project: Existing + Growth + Committed Projects + Project
b. CEQA Analysis
i. Year 2018 Baseline w/o Project: Existing + Growth + Cum. Projects + Uptown Phase 1
ii, Year 2018 Baseline w/ Project: Existing + Growth + Cum, Projects + Uptown Phase 1 + Project
iii, Year 2021 Baseline w/o Project: Existing r Growth + Cum. Projects + Uptown Phase 1 and 2
iv, Year 2021 Baseline w/ Project: Existing + Growth + Cum. Projects + Uptown Phase 1 and 2 + Project
14. Analysis of Newport Beach intersections will be conducted using the Intersection Capacity Utilization (ICU)
methodology, consistent with the TPO requirements. Analysis of the City of Irvine intersections will be
conducted using the Irvine ICU analysis methodology.
December 7, 2015 (revised December 8, 2015) 1 Page 11
•
15. For Caltrans intersections (intersections on a state highway), the intersection analysis will also be conducted
using the Highway Capacity Manual (HCM) delay methodology, as required by the Caltrans Guide for the
Preparation of Traffic Impact Studies.
15. Identify project impacts and mitigation measures to mitigate significant impacts, if necessary. If mitigation is
required, a conceptual drawing of the recommended improvement will be provided. For budgeting purposes, it
is assumed that record drawings of any study intersection requiring mitigation will be available from the City,
and that a mitigation concept plan will be prepared for up to four study intersections. This task will also include
preliminary cost estimates and project contribution percentages for each of the mitigated intersections.
17. Evaluate the proposed access to the hotel site in relation to the approved onsite roadway. To the extent
available, based on details provided on the site plan, provide a brief evaluation of the proposed project site
entry, onsite queuing, and parking supply.
18. Provide information on construction -phase traffic issues, including debris haul and construction material truck
movements, likeiy haul routes, construction crew parking, hours of construction, and the requirement for the
preparation of a construction traffic management plan.
19. Prepare a draft traffic impact study documenting all data, analyses, results, and conclusions to be submitted to
the City of Newport Beach.
20. Respond to consolidated project team comments on the draft traffic study, to the extent that the revisions are
within the approved scope of services, and no new data collection and/or analyses are required. A total of up to
8 hours is assumed.
21. Prepare a final traffic study incorporating responses to comments made on the draft traffic impact study report.
22. Review the draft Transportation section of the CEQA document. One review and mark-up is assumed.
23. Kimsey -Horn will participate in up to 4 project meetings (including the Kick-off Meeting) with the project team,
City Staff, City of Irvine Staff, and/or others as directed by the City's project manager.
Deliverable(s):
• Traffic Impact Analysis, to be included as an appendix to the CEQA document
Cultural Resources — Cogstone
The Modified Uptown Newport project is in an urban built environment, and the proposed hotel will occupy a place
within the Uptown Newport development. In 2012, Cogstone conducted the cultural and paleontological work for
the Uptown Newport project. At that time, the records search showed that 25 archaeological resources had been
recorded within a one -mile radius. No archaeological resources had been recorded within the project area itself, but
no archaeological studies had been performed there. Cogstone will provide the following services to update the
analysis to assess the incremental impacts related to the proposed hotel, as well as changes in CEQA requirements
subsequentto approval of the original project:
» A supplemental records search, to be performed at the South Central Coastal Information Center at California
State University, Fullerton; the previous one was performed more than two years ago in 2012. The State
Historic Preservation Officer requires a project to have a records search no more than two years old.
» Prepare the joint SB 18/AB 52 request form to the Native American Heritage Commission (PlaceWorks to provide
a City contact person, phone, and email address).
» Prepare SB 18 consultation letter to be printed on City letterhead, assist City with responses, and attend up to
one S3 18 consultation meeting.
December 7, 2015 (revised December S, 2015) I Page 12
8-27
» Prepare AB 52 consultation letter to be printed on City letterhead, assist City with responses, and attend up to
one AB 52 consultation meeting.
>> A supplementary cultural resources technical memo will be drafted by Cogstone's key staff; will include maps of
the project area; and will summarize the modified project, applicable laws, results of the supplementary records
search, results of consultation, potential for tribal cultural resources, and recommendations, A Paleontological
section will be included in the memo to state that the paleontological conclusions in the EIR remain valid.
Deliverables:
• Updated records search
• Cultural Resources Technical Memo to be included as an appendix to the CEQA document
• Assist City with SB 18 and AR 52 outreach and documentation
Cost Estimates
The attached spreadsheets detail our cost estimates for preparation and processing an EIR Addendum and SEIR. Our
cost estimate for an EIR Addendum including all technical studies is $123,942 and our estimate for an SEIR is
$185,598. The cost estimates are based on our billing rates shown in the following table, P1aceWorks — 2015
Standard Fee Schedule.
December 7, 2015 (revised December 8, 2015) j Page 13
8-28
EXHIBIT B
SCHEDULE OF BILLING RATES
Placeworks, Inc. Page B-1
8-29
.......;y......�...
Cost Estimates
The attached spreadsheets detail our cost estimates for preparation and processing an EIR Addendum and SEIR. Our
cost estimate for an EIR Addendum including aP technical studies is $123,942 and our estimate for an SEIR is
$185,598. The cost estimates are based on our billing rates shown in the following table, PlaceWorks — 2015
Standard Fee Schedule.
PlaceWorks - 2015 Standard Fee Schedule
STAFF LEVEL
HOURLY BILL RATE
Principal
$180—$250
Associate Principai
$160--$190
Senior Associate/Senior Scientist
$7.30--$170
Associate/Scientist
$100$7.40
Project Planner/Project Scientist
$804110
Planner/Assistant Scientist
$70--$90
Graphics Specialist
$65490
Clerical/Word Processing
$40—$105
Intern
$50—$70
Schedule
Our prevlously prepared MS Project Schedules for an EIR addendum and SEIR are attached and have been updated
to include critical path details related to traffic, The starting date has also been revised to assume a Notice to
Proceed of December 14, 2015. We will update and refine these schedules after our attendance at the kick-off
meeting.
December 7, 2015 (revised December 8, 2015) 1 Page 13
8-30
PLACEWORKS TEAM
Modified Uptown Newport Project
COST PROPOSAL - EIR ADDENDUM
8-31
Hadfield
Ho
Vermilion
Manley
Sotelo
Milroy
Chen
Foley
Nakama
Froelich
Munoz
Cogstone
Kimley Horn
PlaceWorks
Task Description
PM
Assist. PM
AQIGHG
Noise
Traffic
Assoc Planner
Planner
Planner
Graphics
Editor
WP
PlaceWorks
PlaceWorks
Cost (incl. 2%
Hourly Rate:
$230
$105
$195
$165
$145
$115
$85
$85
$80
$110
$80
Hours
Cost
Office Exp.)
Cultural
Traffic
Total Subs'
TOTAL COST
•• TASKS L
PROJECTTASK 1. • •
1.1 Meeting Attendance
6
6
12
$2,010
$2,050
$0
$2,050
Task 1. Subtotal
6
6
0
C
0
0
0
0
0
0
01
12
$2,010
$2,050
TASK 2. SCREENCHECK EIR ADDENDUM
2.1 Screencheck EIR Addendum
48
92
24
8
4
16
16
16
224
$29,520
$30,110
1
01
30,110
Task 2. Subtotal
48
92
0
C
24
0
8
4
16
16
16
224
$29,520
$30,110
$0
$0
$0
$30,110
TASK 3. FINAL EIR ADDENDUM
3.1 Revisions to EIR Addendum
121
161
41
41
41
12
21
41
61
6
60
$8,260
$8,425
1
0
8,425
Task 3. Subtotal
12
16
4
4
4
0
2
2
4
6
6
60
$8,260
$8,425
0
01
01
8,425
TASK 4. PUBLIC HEARINGS • MEETINGS
4.1 Coordination Meetings (2)
41
47-7
81
1,3401
1,367
1
01
1,367
4.2 Public Hearings (1 PC and 1 CC hearing) 1
81
1
181
1,8401
1,877
1
01
1,877
Task 4. Subtotall
121
41
0
0
0
0
0
0
0
0
0
16
$3,180
$3,244
$0
$0
$0
$3144
TASK S. •
5.1 Project Management and Coordination (approx. 8 months)
321
1
32
$7,360
$7,5071
7 1$0
$7,507
Task 5. Subtotal
321
0
0
0
0
0
0
0
0
0
0
32
$7,360
$7,507
$0
$0
Sol
$7,507
STUDIESTECHNICAL
IN-HOUSETASK 6. •
6.1 Air Quality/GHG
107-44
2
21
58
6,070
6,191
0
6,191
6.2 Noise and Vibration
10
34
2
21
481
4,9201
5,018
0
5,018
Task 6. Subtotal
01
01
10
10
0
0
44
34
0
4
4
106
$10,990
$11,210
$0
$0
$0
$11,210
TASK 7. SUBCONSULTANT TECHNICAL STUDIES
7.1 Traffic Impact Analysis (Kimley Horn)
0
0
0
1
50,800
55,880
55,880
7.2 Cultural Resources(Cogstone)
I
1
01
0
0
4,2191
4,641
4,641
Task 7. Subtotal
0
01
0
0
0
0
0
0
0
0
0
0
$0
$0
$4,219
$50,800
$60,521
$60,521
LABOR -SUBTOTAL
110
14
26
450
$62,546
$4,219
$50,800
1
Overnight
Certified
Addendum
CDs
Cost:
$20
$5
$50
$10
Screencheck EIR Addendum
0
Final EIR Addendum
10
10
600
Mileage
75
Other Direct Costs (Postage, Deliveries, Misc Copies)
200
REIMBURSABLES - SUBTOTAL
$875
GRAND TOTAL (LABOR
NOTES: 1 Subconsultants are billed at cost plus 10%.
2 Mileage is billed at the current IRS rate: $0.55/mi
Fees are billed monthly on a time and materials basis.
8-31
PLACEWORKS TEAM
Modified Uptown Newport Project
COST PROPOSAL - SUPPLEMENTAL EIR
2.2
Hadfield Ho Vermilion
Man tey Sotelo
Milroy Vang
Chen Foley Nakama Froelich
Munoz
Cogstone
Kimley Horn
3
$440
$449
PlaceWorks
0
449
Task Description
PM Asst PM AQIGHG
Noise Noise/ Traffic
Assoc Planner AQ/GHG
Planner Planner Graphics Editor
WP
PlaceWorks PlaceWorks
Cost (incl. 2% Office Cultural
01
8
8
Hourly Rate:
$230 $105 $195
$165 $145 $115 $105
$85 $85 $80 $110
$80 Hours Cost
Exp.) Resources
Traffic
Total Subs'
TOTAL COST
!• TASKS
1
4
1
PROJECTTASK 1. • •
4
4
5
8
650
$760
663
1.1 Meeting Attendance 6 6
0
0
1 1
12 $2,010
$2,050
$0
$2,050
Task 1. Subtotal 6 6 0
0 0 0 0
0 0 0 0
0 12 $2,010
$2,050 $0
$0 $0
$2,050
TASK 2. SCREENCHECK DRAFT ! ••
4
4
13
$1,4101
$1,438
$0
2.1
Screencheck Initial Studv and NOP 8 36
$1,438
8 8
8 68 57.780
57.936
0
7.936
2.2
NOP
1
2
3
$440
$449
0
449
Task 2. Subtotall
!TASK 3. INITIAL ! ••
9
38
01
01 01
01
8
8
8
71
$8,220
$8,384
$0
$0
$0
$8,384
3.1
3.2
Revisions to Screencheck IS/NOP
Final QA/QC, Edits, and WP
1
4
1
4
4
5
8
650
$760
663
1
0
0
663
I I I
775
775
Task 3. Subtotal
SCOPING!TASK 4. PUBLIC
1
41
01
01 01
01
01
01 0
0
4
4
13
$1,4101
$1,438
$0
$0
3-01
$1,438
4.11 PowerPoint and Meeting Materials
4.2 Scoping Meeting
1
4
41
4
1
1
5
8
650
1,340
663
1,367
0
0
663
1,367
Task 4. Subtotal
!TASK 5. SCREENCHECK DRAFT SEIR
5.1 QA/QC, Editing, Word Processing, Graphics
5
81
01
01 0
0
01
01 0
0
24
0
32
01
16
13
72
$1,9901
$6,720
$2,030
$6,854
$0
$0
$0
0
$2,030
6,854
5.2
Aesthetics
2
16
18
$2,140
$2,183
0
2,183
5.3
Air Quality
2
2
$460
$469
0
469
34
4ielegkal4Wseurces
0
$0
$0
0
0
5.5
Cultural Resources
2
16
18
$2,140
$2,183
02,183
5.6
Geology and Soils
2
16
18
$2,300
$2,346F
0
2,346
5.7
Greenhouse Gas Emissions
2
2
$460
$469
0
469
5.8
Hazards and Hazardous Materials
2
4
16
22
$2,960
$3,019
0
3,019
5.9
Hydrology and Water Quality
4
12
16
$2,300
$2,346
0
2,346
5.10
Land Use and Planning
8
24
32
$4,360
$4,447
0
4,447
5.11
Noise
2
2
$460
$469
0
469
5.12
Population and Housing
2
12
14
$1,720
$1,754
0
1,754
5.13
Public Services
4
24
28
$3,440
$3,509
0
3,509
5.14
Recreation
2
12
14
$1,720
$1,754
0
1,754
5.15
Transportation and Traffic
41
24
28
$4,400
$4,4881
ol
4,488
5.16
Utilities and Service Systems
4
24
28
$3,680
$3,7541
0
3,754
5.17
Misc Sections (Signif Unavoid/Growth Inducing, etc.)
Project Alternatives
4
8
16
12
20
$2,600
$2,652
0
2,652
5.18
20 $3,100
$3,162 0
3,162
Task S. Subtotal
�TASK 6. DRAFT SEIR
54
132
0
4 24
68
0
0 0
24
32
16
354
$44,960
$45,859
$0
$0
$0
$45,859
6.1 Revisions to Screencheck Draft SEIR
6.2 NOA and NOC
6.3 Final QA/QC, Edits, WP
16
1
20
2
4
4 4
48
7,800
7,956
449
1,877
0
0
01
7,956
449
1,877
3 $440
I I I
I I I
1
1 81
12 201 1,840
Task 6. Subtotal
(RESPONSE�TASK 7. FINAL SEIR • • • TO DRAFT
7.1 Response to Comments 1
7.2 Final EIR (Revisions to Draft SEIR)
7.3 Final QA/QC, Edits, WP
17
16
2
22
20
8
4
4
4 4
4 4
0
0
0 01
0
81
4
12
860i
71
$10,080
8,880
$10,282
9,058
1,714
439
$0
$0
$0
0
0
0
$10,282
9,058
1,714
439
2
2 14 1,680
1
41 51 430
Task 7. Subtotal
•e
8.1 MMRP
8.2 Findings of Facts/SOC (if needed)
8.31 Notice of Determination
18
2
28
2
16
2
4
4 4
0
0
0 0
01
7
1
141
1
79
4
$10,9901
$400
$11,210
$408
$2,570
$214
$0
$0
$0
0
0
0
$11,210
$408
$2,570
$214
2
2 22 $2,520
2 210
Task 8. Subtotal
�TASK 9. MEETINGS AND HEARINGS
9.1 Coordination Meetings (4)
9.21 Public Hearings (1 PC and 1 CC hearing)
2
8
81
20
877
0
1
0 0
1
0
0
0 0
0
3
3
1
28
16
$3,130
$2,6801
$3,193
$2,7341
$0
1
$0
1
$0
0
$3,193
$2,734
1 8 1,840
$1,8771 0
$1,877
Task 9. Subtotal
r PROJECT MANAGEMENT AND COORDINATION
161
81
01
01
01
01 01
01
01
01
24
$4,5201
$4,610
$0
$0
$0
$4,610
10.11 Project Management and Coordination (approx. 12 months)
48
01
1
1
1 1
1
1
1
1
48
$11,040
$11,2611
1
1
0
$11,261
Task 10. Subtotal
48
0
0
0 01
0
0
0 01
0
0
0
48
$11,040
$11,261
$0
Sol
$0
$11,261
8-32
Air Quality/GHG
10 44 2 2 58
$6,070
$6,191
Noise and Vibration
10 34 2 2 48
$4,920
$5,018
Task 11. Subtotal
"UBCONSULTANTS
0 01 30 1 101 0 01 01 44 34 01 41 41 106
$10,990
$11,210
Traffic (Kimley Horn)
0
$0
$0
Cultural Resources(Cogstone)
0
$0
$0
Task 12. Subtotall
01 0 0 0 01 0 0 0 01 0 0 0 0
$0
$0
LABOR-SUBTOTAL
819
$109,340
$111,527
$4,219 $50,800
6,191
55,880
NOTES: 1 Suboonsultants are billed at cost plus 10%.
2 Mileage is billed at the current IRS rate: $0.55/mi
Fees are billed monthly on a time and materials basis.
8-33
Overnight Certified CD IS ES Draft SEIR Draft SEIR DEIR MMRP
Cost: $20 $5 $10 $50
$20 $150 $150 $150 $50
Screencheck Initial Study and NOP 1 1 3
180
Initial Study and NOP 2 25 25 5
665
Screencheck Draft SEIR 1 1
5
5
1,530
Draft SEIR 1 45 45
15 20
20
6,995
Final SEIR/FOF/SOC 1
10
510
MMRP
0
County Clerk Filing Fee
100
CDFW EIR Filing Fee
_ Mileage
Other Direct Costs (Postage, Deliveries, Misc Copies)
REIMBURSABLES -SUBTOTAL
GRAND TOTAL
3,070
100
400
$13,550
NOTES: 1 Suboonsultants are billed at cost plus 10%.
2 Mileage is billed at the current IRS rate: $0.55/mi
Fees are billed monthly on a time and materials basis.
8-33
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Placeworks, Inc. Page C-1
8-34
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. tion. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
Placeworks, Inc. Page C-2
8-35
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Placeworks, Inc. Page C-3
8-36
judgment may be necessary for its proper protection and prosecution of
the Work.
Placeworks, Inc. Page C-4
8-37
Attachment B
Project Site Exhibit
::
PROJECT SITE EXHIBIT
Uptown Newport Phase 1 Development
4311 Jamboree Road
�IIl�ll /
ti
Proposed L
Hotel Site
f
KOLL C
EXISTING JAll FACILITY
Future Apartment
FFuture Apartment
..,. ,M1
Project �¢
F Project
JAMBOREE ROAD
t
•