HomeMy WebLinkAboutC-8530-1 - PSA for Newport Crossings Mixed Use Environmental Impact Report (EIR)1
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AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH PLACEWORKS, INC. FOR
NEWPORT CROSSINGS MIXED USE ENVIRONMENTAL IMPACT REPORT (EIR)
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 27th day of March, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PLACEWORKS, 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. On November 14, 2017, City and Consultant entered into a Professional Services
Agreement ("Agreement') to engage Consultant to prepare an Environmental
Impact Report ("EIR") for the Newport Crossings Mixed Use Residential Project
("Project').
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
January 31, 2023, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on January 31, 2023, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No. One
shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Ninety
Thousand Three Hundred Seventy Three Dollars and 00/100 ($190,373.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed Five
Thousand Six Hundred Forty Five Dollars and 00/100 ($5,645.00).
4. INTEGRATED CONTRACT
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.
[SIGNATURES ON NEXT PAGE]
Placeworks, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
A46n C. Hap LAM oslis tq
City Attorney
ATTEST:
Date:—L/—LH q
IN
-M
Attachments
Placeworks, Inc.
CITY OF NEWPORT BEACH,
a Califor is municipal corporation
Date: q-3-fq
By:�'w"—�1
Grace K. Leung �—
City Manager
CONSULTANT: Placeworks, Inc.
California corporation
Date: 3- 2q -I9(
By:
Roel ert Keith NTcCann
Chief Executive Officer / Secretary
[END OF SIGNATURES]
Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
a
Page 3
EXHIBIT A
SCOPE OF SERVICES
Placeworks, Inc. Page A-1
ED PLACEWORKS
February 12, 2019 (updated February 28, 2019)
Mr. Jaime Murillo
Senior Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Request for Contract Amendment No. 1 for the Newport Crossings Environmental
Impact Report— (CNB -19.0)
Dear Mr. Murillo:
As per our previous conversations, this contract amendment request has been prepared to cover work beyond our
approved contract with the City, dated, November 14, 2017, for the preparation and processing of the Newport
Crossings Mixed -Use Residential Project Environmental Impact Report (Newport Crossings EIR). In order to bring the
approved budget more in alignment with our actual expenditures by task, we are also requesting a redistribution of
some task budgets.
Specifically, this amendment requests additional fees for the following tasks:
» Air Quality/Greenhouse Gas Analyses (AQ/GHG) — additional specialist time was required to coordinate and
modify the project impact assessment related to a revised construction schedule. Originally the applicant
provided detailed construction phasing starting 10/1/18 finishing 12/17/21. The revised schedule is from 12/1/19
to 1/27/23.
» Traffic — our Project Manager and traffic engineer coordinated with the City and applicant to address the project
construction and opening date change as discussed under AQ/GHG..Since the traffic study by LSA had been
completed prior to the project schedule change, the analysis was based on the anticipated project opening year
of 2021 (since the City's traffic guidelines assess one year after the actual opening, the study used 2022).
» Final EIR — Denise Clendening, PhD, our Site Assessment Service Manager was recruited to assist the team
(including the applicant's specialist) to defensibly address the very technical DTSC comment letter. Her
participation, limited to 5 hours, was not anticipated in our original scope of work.
» Project Management — our project management fee was based on the original schedule in our proposal based
on a notice to proceed date of 10/2/17 and a completion date (NOD filing) of 8/31/18, a total of 47 weeks. Due
to delays in the project beyond PlaceWorks control, and projected completion by the end of this month (Public
Hearing 2/21,19) the overall project duration will be72 weeks.
We are requesting a redistribution of fees related to the following tasks and budgets:
Transfer remaining Task 2 (Project Description & EIR Outline), and Task 3 (Initial Study/NOP) fees to Task 4,
Screencheck Draft EIR. An Initial Study was not prepared, and the work of closing out topical areas was moved
to the Screencheck Draft FIR
® PLACEWORKS
Transfer fees from Task 8 Meetings/ Public Hearings to Tasks 4 (Screencheck Draft EIR). Fewer project meetings
have been required than budgeted and this task also assumed up to 4 public hearings. Transferring these fees
would still reserve fees for attendance at 2 more public hearings.
n
Transfer $4,00k of an approximate remaining $8,000 of reimbursable fees to Tasks 4 (Screencheck Draft EIR) and
Task 5 (Public Draft EIR). This reserves fees needed for remaining FOR reproduction, certified mailings, and filing
fees totaling for CDFW and County Clerk)
Cost Estimate
On the following page, Table 1 summarizes our requested .contract amendment including additional fees and
redistribution detail. A total of $5,645 additional fees are requested.
We appreciate your consideration of this requested contract amendment. Please let us know if you need any
additional information to assist you in expediting this request.
Sincerely,
PLACEWORKS
JoAnn C. Hadfield
Principal, Environmental Services
EXHIBIT B
SCHEDULE OF BILLING RATES
Placeworks, Inc. Page B-1
® PLACEWORKS
Table 1. Contract Summary Table
CEOATASKS
Task 1 Project Initiation/Kick-Off
Meeting
$745
$
$
TOTAL
Task 2 Project Description & EIR
Outline
3,713
-300
CONTRACT W/
Task 3 IS/NOP
ORIGINAL
REQUESTED FEE
ADDITIONAL FEES
REQUESTED
TASK/SUBTASK DESCRIPTION
CONTRACT
REDISTRIBUTION
REQUESTED
AMENDMENT
CEOATASKS
Task 1 Project Initiation/Kick-Off
Meeting
$745
$
$
$745
Task 2 Project Description & EIR
Outline
3,713
-300
3413
Task 3 IS/NOP
9,384
-2100
7284
Task 4 Screencheck Draft EIR
79,917
+13,900
+903
94,720
Task Draft EIR
4,468
+3900
$
8368
Task 6 Final EIR & MMRP
16,422
$0
$5,645
16,422
Task 7 FOF/SOC and NOD
4,223
-1800
2423
Task 8 Meetings/Public Hearings.
11,169
-7000.
4169
Task 9 Project Management
14,566
3,392
17,958
Subtotal -CEQA Tasks
$144,607
$6,600
$4,295
$155,502
TECHNICAL STUDIES
10.1 Air Quality &GHG
$11,353
$
$1,350
$12,703
10.2 Noise and Vibration
7,344
7344
10.3 Peer Review Applicant
Studies
5,202
-2600
2602
Subtotal -Technical Studies
$23,899
$-2600
$1,350
$22,649
SUBCONSULTANT TECHNICAL STUDIES
11.1 Biological Resources
$550
$
$
$550
11.2 Cultural
4,258
4258
Subtotal -Subconsultant
Technical
$4,808
0
$4808
TOTALLABOR
$173,314
$5,645
$182,959
Reimbursables
$11,416
-$4,000
$
$7416
GRAND TOTAL
$184,730
$0
$5,645
$190,375
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 11/8/18 Dept./Contact Received From: Brittany
Date Completed: 11/15/18 Sent to: Brittany By: Jan
Company/Person required to have certificate: PlaceWorks, Inc.
Type of contract:
1. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/1/18 — 7/1/19
A.
INSURANCE COMPANY: Crum & Forster Specialty Insurance Co
B.
AM BEST RATING (A-: VII or greater): A / XIII
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$5NUS5M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
❑ Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
IL AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/1/18-7/1/19
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater) A++/ XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A ® Yes ❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A E Yes ❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A ❑ Yes ❑ No
I.
NOTICE OF CANCELLATION:
0 N/A N Yes 0 No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 7/1/18 — 7/1/19
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater): A++/ XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY 7/1/18 — 7/1/19 CRUM & FORSTER SPECIALTY INS CO
Rated: A/ XIII, Non -Admitted Limits: $5M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
VI BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
regent Or rtwam insurance cervices uate
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Manaqement approval required for non -admitted General Liability & Professional Liability carrier. 11/8/18
Risk Management approved use of non -admitted carrier.
Approved:
Risk Management Date
* Subject to the terms of the contract.
PROFESSIONAL SERVICES AGREEMENT
WITH PLACEWORKS, INC. FOR
NEWPORT CROSSINGS MIXED USE ENVIRONMENTAL IMPACT REPORT (EIR)
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 14th day of November, 2017 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and PLACEWORKS, 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 an Environmental Impact Report
("EIR") for the Newport Crossings Mixed Use Residential Project (`Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 15, 2019, 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.
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 Four
Thousand Seven Hundred Twenty Eight Dollars and 00/100 ($184,728.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
PlaceWorks, Inc. Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated JoAnn C. 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
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
PlaceWorks, Inc. Page 3
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
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
PlaceWorks, Inc. Page 4
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 orfor other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner orjoint 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
PlaceWorks, Inc. Page 5
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
PlaceWorks, Inc. Page 6
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
PlaceWorks, Inc. Page 7
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.
i•to] 1[y261
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: Associate Planner
Community Development Department, Planning Division
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: JoAnn C. Hadfield
PlaceWorks, Inc.
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
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
PlaceWorks, Inc. Page 8
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.
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
PlaceWorks, Inc. Page 9
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]
PlaceWorks, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: W4,9 / i -i
A'a ro—n C. arp'
City Attorn
ATTEST: /(
Date: / I -e
By:ask'k-j,
Leilani I. Brown
City Clerk
CONSULTANT: PlaceWorks, Inc., a
California corporation
Date:
By:
Keith McCann
Chief Executive Officer
Date: 11- 1-1-I-1
By: i Z
William Halligan, Esq.
Vice President / Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
PlaceWorks, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
PlaceWorks, Inc. Page A-1
Methodology
PROJECT UNDERSTANDING
PROPOSED PROJECT
The Newport Crossings Mixed Use Residential project is proposed in the
designated Airport Area of the City's General Plan and the Newport Place
Planned Community (PC -11). The applicant proposes development of 350
residential units, 2,000 square feet of "casual dining" restaurant space, 5,500
square feet of commercial space, and a one-half acre public neighborhood park
on a 5.69 -acre project site. The site is currently occupied by the 58,277 -square -
foot MacArthur Square shopping center.
At first glance, the project may appear straight -forward because the proposed
uses do not require a general plan amendment or zoning code amendment.
Therefore, it does not require review by the Airport Land Use Commission. City
discretionary approvals for the proposed project include a site development
review, tentative tract map, and traffic study.
The Uptown Newport project—also within the Airport Area and reflecting the
same MU -H2 zoning—required a planned community plan amendment (i.e.,
zoning amendment) and ALUC review, and was within the Integrated Concept
Development Plan (ICDP). Both projects require demolition of existing uses, but
Uptown Newport phasing related to ongoing operation and lease options of the
Jazz Semiconductor facility complicated that project.
As described below, although this project does not have all of the complexities
of the Uptown Newport project for which PlaceWorks successfully prepared a
defensible EIR, it shares many of the same issues. Our work on Uptown Newport
provides us an invaluable background to proceed with Newport Crossings.
THE RESIDENCES AT NEWPORT PLACE (2016)
Just last year, a Mitigated Negative Declaration was prepared for a proposed
mixed-use development on the same project site that encompassed 384
apartment units (including 86 affordable units), and 5,677 square feet of
commercial use (restaurant). The primary issues raised by commenters, the
Planning Commission, and the City Council were not about technical
environmental impacts or the adequacy of the environmental review.
Ultimately, this project was denied for a myriad of reasons—including overall
scale, mass, and density; aesthetics; the lack of a useable, publicly accessible
park; public benefit; and consistency with the overall goals, policies, and intent
NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS
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of the General Plan. Understanding the history of the former project proposal
will help us focus the Newport Crossings EIR on the most important
considerations for the City's decision makers. In particular, PlaceWorks will work
extremely closely with City staff to appropriately evaluate and substantiate
conclusions of consistency with General Plan goals and policy as well as to craft
meaningful project alternatives to minimize project environmental impacts and
optimize General Plan consistency. For Newport Beach, plan consistency
encompasses an important, overall vision for the Airport Area.
AIRPORT AREA POLICIES AND TRAFFIC ANALYSIS
Key to defensible CEQA analysis of this project will be an understanding of the
City's unique TPO traffic study requirements (vs. CEQA requirements) and how
the allowable land use for the site is based on a "trip neutral" condition (i.e., the
proposed project cannot generate more traffic trips than the existing,
underlying uses). Currently, a high proportion of the existing development is
vacant. Unlike the CEQA traffic analysis, which will be based on existing trips
generated by the uses, the TPO analysis (and trip -neutral assessment) will be
based on the trips that the underlying uses could generate when occupied.
The number of residential units allowed on this project site is also governed by
the maximum of 2,200 residential units allocated to the Airport Area. A total of
1,244 units were approved for Uptown Newport. The number of units allowed
on a given site is determined by requirements related to "replacement units"
(defined by the trip analysis noted above), density bonuses, and infill units (only
applicable to the ICDP and therefore, not to Newport Crossings).
The transportation analysis and allowable development analysis, therefore, are
inherently linked. For traffic analysis, this is complicated by the fact the CEQA
and TPO traffic requirements and methodologies differ (as discussed under
topical sections, Transportation and Traffic).
PLACEWORKS APPROACH
CEO,A
Focus our analysis. We will conduct defensible project scoping, including the
review of previous documentation, and actively participate in the project
CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR
Methodology
scoping meeting to ensure that we appropriately focus our analysis and close
out topics that clearly and defensibly can be eliminated in the Initial Study.
Coordinate CEQA requirements of technical studies prepared by others at the
outset. This approach applies primarily to the traffic study to ensure that the
analysis meets CEQA requirements in addition to the TPO requirements. This
may require parallel analyses. Early coordination will assure that no time is
lost. We will coordinate with the City and your traffic consultant (if desired)
to ensure that the scope meets CEQA requirements for existing conditions;
related projects (vs. committed projects); and phasing, demolition, and
construction impact analysis. We will also detail project needs to support our
air quality/GHG and noise studies.
Conduct peer review promptly and communicate early regarding adequacy
and consistency among the various applicant -prepared technical studies.
Efficiently use previously prepared narrative and exhibits from recent
PlaceWorks-prepared documents for Newport Beach. Review and confirm
adequacy and up-to-date status of any of these materials.
Prepare a timely, comprehensive project description for review by the project
team. Prepare clear, meaningful project objectives that will largely serve as
the basis for defining and evaluating project alternatives.
COMMUNICATION AND COORDINATION
Assigned Project Manager and Assistant Project Manager
JoAnn Hadfield will be assigned as project manager for this project, including
day-to-day coordination with the City's project manager. Frances Yau will be
assigned as assistant project manager. She will be apprised of all project
activities and be the second contact in the event that JoAnn is not immediately
available to answer the City project manager's questions or respond to
requests. Protocol will be established to cc JoAnn and Frances on all project
emails.
Contact Sheet. At the outset of the project, PlaceWorks will provide the City
with a comprehensive contact list with phone numbers and email addresses
for PlaceWorks staff on the project as well as subconsultant contacts.
Status Log. We will maintain a project status log identifying project activities.
In a spreadsheet form, the log will identify the date, person making the entry,
activity/communication, and deliverable if applicable. This log will be
available at any time upon request by the City's project manager.
NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS
MelhodolugJ
Meeting Agendas and Minutes. We will prepare formal meeting agendas (to
be reviewed by City's project manager before meeting) and meeting minutes
for each project meeting documenting the attendees, discussion items and
summary, and action items.
Project Budget Control. We utilize Deltek software for detailed project
accounting. This allows us to plan staff hours from the outset of the project
by task and to track these hours on a weekly basis. We will coordinate with
the City's project manager at the initiation of the project to determine the
level of detail and timing for provision of budget status information.
WORK PLAN
If_M:fa7:103It4fillo1liZ-' i[a7ZI
1.1 Project Kick-off Meeting and Data Collection
PlaceWorks' project manager and assistant project manager will attend a
project kick-off meeting with City staff. We will review the City's objectives;
discuss the project in detail; and confirm the project approach, scope, and
schedule. This discussion should include any known constraints and/or
opportunities observed by the City, project applicant, and the consultant team.
PlaceWorks will review all available plans applicable to the proposed project and
conduct a site visit to review the existing physical conditions of the project site
and surrounding areas. It is assumed that communication protocol between the
City, PlaceWorks, and project applicant's team will also be clearly established at
this kick-off meeting.
TASK 2. PROJECT DESCRIPTION AND EIR OUTLINE
2.1 Project Description
A defensible EIR starts with a comprehensive and accurate project description.
We will complete the project description after the kick-off meeting and after
receipt of all information clarifying our inquiries. Critical components of the
project description include the project objectives, proposed site plan and
allowable uses, circulation plan, infrastructure improvements (both on- and
offsite), and demolition/construction detail and phasing plan. Our first
deliverable will be the complete project description for review by the City.
2.1 EIR Outline
As part of our Task 2 deliverable, PlaceWorks will prepare an EIR outline in the
form of our EIR table of contents to provide an overview of what will be in the
document. The outline will include detailed headings and subheadings for each
environmental topical section.
CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR
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Deliverables:
— Draft Project Description and EIR Outline (2 hard copies and 1 electronic
copy)
TASK 3. INITIAL STUDY, NOTICE OF PREPARATION, AND SCOPING
MEETING
3.1 Initial Study/Notice of Preparation
The Initial Study (IS) will include a comprehensive project description and
analyze each topical area of the CEQA Appendix G checklist:
Aesthetics
Agriculture/Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Geology/Soils
Greenhouse Gas Emissions
Hazards/Hazardous Materials
Hydrology/Water Quality
Land Use & Planning
Mineral Resources
Noise
Population & Housing
Public Services
Recreation
„ Transportation/Traffic
» Tribal Cultural Resources
n 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 entirely eliminated from further
review (not carried through to the EIR) will be Agriculture/Forestry Resources
and Mineral Resources. It is anticipated that Biological Resources may also be
eligible to be closed out in the Initial Study, as supported by a technical
memorandum by Cadre. This decision will be made in consultation with the City.
Note that for some topics, individual subtopics and impact statements may be
eliminated from further review in the EIR. For example, under Geology and Soils,
the project would not use septic tanks that may impact site soils because sewer
service is available. And under Population and Housing, the project would not
displace existing housing or people and necessitate the construction of
replacement housing elsewhere. The EIR, however, will include the Geology and
Soils and Population and Housing sections to address remaining checklist
questions.
Under Assembly Bill 52 (AB 52), a discussion of potential impacts to tribal
cultural resources will be included in the Initial Study. Cogstone, our cultural
resources subconsultant, will assist the City with AB 52 tribal consultation.
Please refer to Task 11.2 for additional details to their scope.
Although not yet formally in the CEQA checklist, recent case law and adherence
to the CEQA Guidelines (Appendix F) mandates that Energy impacts be
NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS
Methodology
addressed in the EIR. PlaceWorks will complete the Energy analysis which, at
this time is anticipated to be included in a separate subsection under Other
CEQA Considerations.
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 30 -day public review period. We will submit
the IS/NOP for one round of review by the City.
After City approval of the "proof -check" IS/NOP, PlaceWorks will assist the City
in preparing a distribution 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:
— Draft IS/NOP (2 hard copies and 1 electronic copy)
— Final IS/NOP (20 hard copies and 20 CDs)
— Filing of IS/NOP with State Clearinghouse and County Clerk and mailing to
agencies and general public
3.2 Scoping Meeting
Per the RFP, PlaceWorks will assist the City in organizing and conducting one
public scoping meeting to present the preliminary environmental impacts of the
proposed project and to solicit comments regarding the scope and content of
the environmental issues to be addressed in the EIR. 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 one or two weeks after the
release of the IS/NOP, so the public has time to review the document and voice
their concerns about potential environmental issues. After the meeting, we will
prepare a summary of comments that will ultimately be included in the EIR with
references to where each comment is addressed or explanation of why it is not
addressed (e.g., not an environmental issue).
Deliveroble(s):
— Preparation of PowerPoint and participation at scoping meeting
— Sign -in sheet, comment cards, and hand-outs (if any)
CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR
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4.1 Administrative Draft EIR I
An EIR will be prepared for the proposed project and will include the following
sections in accordance with the CEQA Guidelines:
Executive Summary
Introduction
Project Description
Environmental Setting
Discussion of Existing Conditions,
Environmental Analysis, and
Mitigation Measures
Cumulative Impacts
Consideration of Significant Effects
>> Project Alternatives
o
Other CEQA-Mandated Sections
Organizations and Persons Consulted
Each topical section of the document will: (a) describe existing environmental
conditions and pertinent regulatory policies and programs that apply to this
project, (b) define the criteria by which impacts will be determined to be
significant, (c) determine the environmental changes that would result from the
project, (d) evaluate the significance of those 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 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 the technical sections—
air quality, greenhouse gas (GHG) emissions, noise, and transportation/traffic.
Topical Sections
As indicated above, it is anticipated that all CEQA topical sections, with the
exception of Agriculture/Forestry Resources and Mineral Resources, and
potentially Biological Resources will be carried through and included in the EIR.
Analysis and findings of technical studies will be incorporated. Technical study
scopes are described under Tasks 10 and 11. Complete technical studies (for
stand-alone reports as provided by the applicant's team) and supporting
modeling information (Air Quality/GHG and Noise) will be included in the EIR
appendices.
Aesthetics. The MacArthur Square shopping center currently encompasses
the project site. Development of the proposed project would substantially
alter the visual character and quality of the site. The aesthetics analysis will
address the project's potential effect on scenic vistas, visual and community
character and quality, and lighting in the project area. Available project
details—including conceptual plans, building elevations, and renderings
NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS
Methodology
provided by the project applicant—will be helpful in clearly portraying the
visual impacts of the proposed project. This section of the EIR will also review
applicable visual -related policies in the City's general plan and be cognizant of
the aesthetic -related mass and scale issues raised regarding the previous
development proposal for this site.
Air Quality. An air quality/GHG analysis will be prepared by our in-house
technical specialists (see Task 10.1). Findings from the air quality/GHG
analysis will be integrated into the EIR section and will include an assessment
of consistency with the South Coast Air Quality Management District
(SCAQMD) Air Quality Management Plan, quantified emissions for
construction and operational criteria pollutants, and evaluation of potential
air quality impacts.
Biological Resources. Cadre Environmental will prepare a biological resources
technical memorandum (see Task 11.1). Findings from the memorandum will
be summarized in this section to determine whether the project would have
any impact on sensitive species and habitat, jurisdictional resources, and
wildlife corridors. Given the built -out and urbanized condition of the project
area, no substantial biological resources are anticipated.
Cultural Resources. No significant cultural resources are expected within the
project site. Cogstone will prepare cultural and paleontological resources
technical memorandums supporting the findings from Cogstone's previous
cultural resources assessment for the City's General Plan Land Use Element
Amendment Supplemental EIR (see Task 11.2). Analyses from the technical
memorandums will be incorporated into the Cultural Resources section, and
mitigation measures will be identified as necessary.
Geology and Soils. This section will define the existing geologic, soils, and
groundwater characteristics onsite; identify regional seismic influences; and
explain the characteristics of any areas with constraints to site development.
Analysis of project impacts will be based on the proposed land use plan,
available technical studies including the soil and soil gas investigation report,
and information from the project's civil engineer. Regulatory requirements
and performance standards will be detailed.
Greenhouse Gas Emissions. PlaceWorks will prepare a GHG analysis for the
proposed project, and findings will be integrated into the EIR section (scoped
in Task 10.1), Project -related GHG emissions will be quantified in the report
using SCAQMD's CalEEMod program. Project consistency with statewide GHG
emissions reduction strategies will also be analyzed. Mitigation measures will
be incorporated, as necessary, to reduce potentially significant GHG impacts
of the project.
CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR
Methodology
Hazards and Hazardous Materials. The project -applicant team will prepare a
soil/soil gas investigation report and Phase I and II environmental site
assessments (ESAs), which will be reviewed by PlaceWorks for CEQA
adequacy. This section will summarize findings from the soil/soil gas report
and Phase I and II ESAs, including review of the site history and usage as they
relate to the presence of hazardous substances and petroleum products
onsite; document visible evidence of current and past usage of the property,
particularly related to potential hazardous substances, petroleum products,
storage tanks, and evidence of spills or releases of hazardous substances or
petroleum products; and identify any required mitigation measures for
remediation and cleanup prior to development of the proposed project.
Hydrology and Water Quality. A hydrology report and water quality
management plan (WQMP) will be prepared by the project applicant's team.
Upon City approval, PlaceWorks will review these technical reports to ensure
they are adequate for addressing the CEQA Appendix G thresholds. This
section will include an analysis of existing hydrology and water quality
conditions. It will identify the regulatory framework, regional and site-specific
hydrological setting of the area, stormwater drainage characteristics, water
quality data (surface and groundwater), local receiving water bodies,
pollutants of concern based on changes in land use, and potential hazards
due to flooding. The section will also include the best management practices
from the WQMP to be implemented at the site, including source control, site
design, and stormwater treatment measures. The section will conclude with a
discussion of the potential water impacts attributable to the proposed
project, based on applicable significance criteria, and incorporate mitigation
measures from the technical reports as necessary.
Land Use and Planning. The proposed project will not require a general plan
amendment or zone change. However, this section will thoroughly review the
requested entitlements for consistency with the various elements of the
City's General Plan and its overall vision, goals, and policies. Responding to
the Appendix G checklist question of whether the project will physically
divide an established community, this section will assess the land use
compatibility of introducing residential uses into a commercial and office use
area. This section will also analyze the project's consistency with applicable
regional plans, including SCAG's Regional Transportation Plan/Sustainable
Communities Strategy,
Noise. A noise and vibration analysis will be prepared by PlaceWorks (see
Task 10.2). Noise modeling datasheets and assumptions will be included as an
appendix to the EIR. The noise analysis will be prepared consistent with the
noise compatibility standards of the City of Newport Beach. Operational and
construction noise impacts could be a potential project issue. Findings will be
NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS
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integrated into the Noise section of the EIR, and mitigation measures, if
necessary, will be incorporated to reduce potentially significant noise impacts
of the project.
Population and Housing. The proposed project would introduce 350 dwelling
units and approximately 7,500 square feet of commercial/restaurant use.
Population (residents and employees) and housing impacts are anticipated at
buildout of the mixed-use development. This section will analyze the project's
buildout impacts on the City's anticipated population growth and jobs -
housing balance.
Public Services. Service providers (i.e., City fire, police, school, and library
providers) will be contacted at the outset of the project for input on existing
staffing and capacities and long-term plans to demonstrate their ability to
serve buildout of the proposed project.
Recreation. The proposed project would introduce new residents into the
City, which may increase demand on existing parks and recreational facilities.
The project is proposing development of a half -acre public park onsite. This
section of the EIR will analyze whether the City's existing park and
recreational facilities and the proposed project's recreational area would
provide adequate recreational opportunities, will provide sufficient public
access, and whether the project would adversely impact existing parkland.
n Transportation and Traffic. Under separate contract, the City's traffic
consultant will prepare a traffic impact analysis that will analyze existing
roadways and traffic conditions compared to future conditions. As discussed
under Project Understanding and PlaceWorks Approach, the traffic analysis
for the project must comply with both City TPO requirements and meet CEQA
requirements. We will coordinate from the outset to assure that the traffic
consultant's scope of work will meet the EIR requirements, and assist, if
desired by the City in defining the structure for the final traffic report. Upon
City approval of the traffic report, PlaceWorks will integrate the findings into
the EIR section. Potential traffic impacts related to project -generated trips
and intersection levels of service will be identified, and appropriate
mitigation measures will be incorporated.
Tribal Cultural Resources. Cogstone will prepare letters to send to AB 52—
specific Native American tribal groups identified by the City (see Task 11.2).
The AB 52 consultation process and analysis of potential project impacts on
tribal cultural resources in the project area will be summarized in this section
of the EIR, and mitigation measures will be identified as necessary.
Utilities and Service Systems. Service letter requests will be sent to the City's
water, wastewater, solid waste, natural gas, and electricity providers for
CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR
NethF dology
existing and future capacities to determine whether buildout of the project
could be accommodated. The project applicant's team will also prepare a dry
utilities report and sewer and water demand report. PlaceWorks will review
the reports for CEOA adequacy and incorporate the report findings into this
section of the EIR.
As required by CEQA, PlaceWorks will also address potential Energy impacts
pursuant to Appendix F. Energy will be addressed in a separate section, "Other
CEQA Considerations."
Consideration of Significant Effects
The EIR 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 Not Found to Be Significant
» Significant Unavoidable Impacts
Significant Irreversible Changes
Growth -Inducing Impacts
Alternatives to the Proposed Project
The processing experience of The Residences at Newport Place highlight the
value of defining and evaluating project alternatives in an EIR. Meaningful EIR
project alternatives are helpful to decision makers for projects that substantially
alter the physical conditions of an existing site. Our scope is based on the
evaluation of up to three alternatives, including the following two scenarios
detailed in the RFP: 1) No Project/No Construction, and 2) Reduced
Intensity/Reduced Height. In compliance with CEQA, the EIR is required to
address a reasonable range of alternative to be defined and analyzed 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.
PlaceWorks expertise in design and planning provides a unique opportunity to
create alternatives that not only specifically address specific environmental
issues, but consider a broader evaluation of land use compatibility,
design/aesthetics, and General Plan vision.
Impacts resulting from construction and temporary impacts on the surrounding
uses (public access, traffic diversion, construction schedule) will also be
addressed in the alternatives.
Alternatives considered but eliminated from further consideration will also be
documented. The environmentally superior alternative will be identified; if it is
NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS
Methodology
the No Project/No Construction Alternative, then one of the development
alternatives will be identified as environmentally superior to the others.
Deliverables.
— Administrative Draft EIR 1 (4 hard copies with technical appendices on CDs)
4.2 Administrative Draft EIR II
It is assumed the City will provide one consolidated set of written comments on
the Administrative Draft EIR I to PlaceWorks. As appropriate, PlaceWorks'
project manager will meet with City staff to discuss and resolve any major areas
of concern and clarify areas of misunderstanding, etc. We will follow up with
City departments or other agencies as necessary to respond to City staff
comments.
PlaceWorks will incorporate and address City comments on the review of the
Administrative Draft EIR I and submit Administrative Draft EIR 11 for the City's
second round of review.
Deliverables:
— Administrative Draft EIR II (4 hard copies with technical appendices on
CDs)
4.3 Preprint Draft EIR
Similar to Administrative Draft EIR I, PlaceWorks assumes the City will provide
one consolidated set of written comments on Administrative Draft EIR 11.
PlaceWorks will incorporate and address the City's comments and submit a
Preprint Draft EIR to the City for final review.
Note that, in total, it is anticipated that there will be two rounds of review of the
Administrative Draft EIR (I and 11) and one round of review of the Preprint Draft
EIR prior to publication of the Draft EIR for public review.
Deliverables:
— Preprint Draft EIR (1 hard copy with technical appendices on a CD)
TASK S. DRAFT EIR
Upon approval of the Preprint Draft EIR, PlaceWorks will conduct final edits,
formatting, and QA/QC. We will reproduce and distribute copies of the
document to the all applicable agencies and other interested parties identified
on a distribution list to be developed in consultation with the City.
We will also prepare the Notice of Completion (NOC) for City approval and
signature. We will also prepare the Notice of Availability (NOA) for City approval
CITY OF NEWPORT BEACH l NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR
Methodology
and file it with the State Clearinghouse and County Clerk. It is assumed the City
will publish the NCA in the local newspaper.
Deliverables:
— Draft EIR (10 hard copies with technical appendices on CDs, and 50 CDs)
— Draft EIR in web -friendly format to be uploaded on City's website (divided
into smaller, more easily downloadable portions)
— NOC, NOA, and distribution list (electronic copy)
— Filing of NOA with State Clearinghouse and County Clerk and mailing to
agencies and general public
TASK 6. FINAL EIR
6.1 Response to Comments/Errata
Responses to comments received on the Draft EIR will be prepared in
accordance with CEQA Guidelines Section 15089. Following receipt of all
comments on the Draft EIR, written responses will be prepared for each
comment. A Response to Comments section will be created for the Final EIR and
will contain an introduction describing the public review process for the Draft
EIR, copies of all comment letters, and written responses to all comments.
Responses will focus on comments that address the adequacy of the DER.
Comments that do not address EIR 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. It is also assumed that the City's traffic consultant and
the applicant's technical consultants will support in preparation of the Response
to Comments, as needed.
Per the RFP, up to 100 hours split between key PlaceWorks staff are budgeted
for the preparation of responses to comments. 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 EIR. 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 FIR
and cannot be completed within the 100 budgeted hours.
The Final EIR will also include errata detailing any revisions, updates, or
corrections needed to respond to comments or address minor errors in the
DER. Revisions will be made in underline and strike -out text.
PlaceWorks will revise the Response to Comments/Errata 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 EIR by the
City Council.
NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS
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Per the RFP, the Final EIR deliverable will include the Draft EIR, Response to
Comments/Errata, and MMRP.
Deliverables:
— Draft Response to Comments/Errata (electronic copy)
— Final Response to Comments/Errata (10 hard copies and 50 CDs)
— Mailing of Response to Comments to commenting agencies
-� Final EIR with MMRP (10 hard copies and 25 CDs)
6.2 Mitigation Monitoring and Reporting Program
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 EIR.
Deliverables:
— Draft MMRP (electronic copy)
— Final MMRP (included in Task 6.1)
TASK 7. FOF, SOC, NOD, AND FINAL PRODUCT
7.1 Findings of Fact and Statement of Overriding Considerations
The Findings of Fact (FOF) will be prepared consistent with the requirements of
CEQA and in a format approved by the City. 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 CEO.A and in a City -approved format.
Deliverables:
— FOF and SOC (electronic copy)
7.2 Notice of Determination
PlaceWorks will prepare a draft Notice of Determination (NOD) for review by
the City. If the City takes action to certify the Final EIR and approve the project,
PlaceWorks will file the NOD with the State Clearinghouse and the Orange
County Clerk. Our budget includes all filing fee costs associated with filing with
the County Clerk ($50) and California Department of Fish and Wildlife ($3,078).
Deliverables:
— NOD (electronic copy)
— Filing of NOD with State Clearinghouse and County Clerk
CITY Of NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR
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7.3 Final Product
At project completion, PlaceWorks will provide one copy of all notices (NOP,
NCA, and NOD), Initial Study, Final EIR, and FOF in Microsoft Word, and all
appendices in electronic format.
Deliverables:
— Notices, IS, Final EIR, and FOF in MS Word and all appendices in electronic
format
TASK S. MEETINGS AND PUBLIC HEARINGS
Communication is key to a project's success. Therefore, PlaceWorks will be in
regular communication with City staff and participate in regularly scheduled
progress updates (phone or email) related to project approach, scheduling, and
environmental issues throughout the CEQA process.
Per the RFP, it is assumed that PlaceWorks' project manager and assistant
project manager will attend up to 6 in-person meetings with City staff and the
project applicant team, in addition to the kick-off meeting (Task 1.1) and
scoping meeting (Task 3.2). Our technical staff is available to attend meetings
upon request on a time and materials basis in accordance with our billing rates.
We also assume PlaceWorks' project manager and assistant project manager
will attend up to 4 public meetings/hearings (e.g., Planning Commission and City
Council). 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 at public meetings/hearings.
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)
- 1 scoping meeting (included under Task 3.2)
- Up to 6 in-person meetings at the City (project manager and assistant
project manager)
- Up to 4 public meetings/hearings (project manager)
TASK 9. PROJECT MANAGEMENT
As discussed above, PlaceWorks will coordinate closely with the City to ensure
that the EIR 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;
NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS
Methodology
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. This task is based on an
estimated number of hours for the anticipated work schedule in this proposal. If
this schedule is extended beyond the control of PlaceWorks, a budget augment
may be requested for this task.
TASK 10. PLACEWORKS IN-HOUSE TECHNICAL STUDIES AND PEER
REVIEWS
10.1 Air Quality and Greenhouse Gas Emissions Analyses
PlaceWorks will prepare an air quality and GHG emissions analysis to evaluate
potential air quality impacts associated with the proposed project. Impacts will
be based on the current methodology of the SCAQMD for projects within the
South Coast Air Basin (SoCAB). Modeling will be conducted using the current
California Emissions Estimator Model (CalEEMod). PlaceWorks is a beta tester
for CaIEEMod and beta tested the new 2016 CaIEEMod, version 2016.3.1. The
results of the air quality and GHG technical analysis will be summarized in the
EIR and model outputs included in the appendix.
Consistency with GHG Reduction Plans
The CE IA Guidelines require an assessment of whether the project would
conflict with plans adopted for the purpose of reducing GHG emissions.
Applicable plans include the California Air Resources Board's (CARE) Scoping
Plan for statewide GHG reduction goals of Assembly Bill 32 (AB 32) and Senate
Bill 32 (SB 32); and the Southern California Association of Government's 2016
Regional Transportation Plan/Sustainable Communities Strategy for the regional
GHG reduction goals of SB 375. PlaceWorks will provide a qualitative
assessment of consistency of the proposed project with the applicable measures
and/or strategies in these state and regional plans.
Criteria Air Pollutant and GHG Emissions
The existing land uses onsite generate criteria air pollutant and GHG emissions
from transportation sources, energy (natural gas and indirect emissions from
purchased electricity), area sources (landscape emissions, consumer products),
indirect emissions from water use and wastewater generation, and indirect
emissions from waste disposal. The proposed project would replace the existing
uses with newer buildings but would result in a substantial increase in
residential and nonresidential density onsite. As a result, the proposed project
would generate an increase in criteria air pollutant and/or GHG emissions on -
and offsite. The emissions inventory and forecast will be developed for the
CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR
Methodology
project based on the existing and proposed land uses. PlaceWorks will
coordinate with the City's traffic consultant to obtain trip generation and vehicle
miles traveled for the existing and proposed land uses to ensure internal
consistency in the EIR modeling. The air quality and GHG technical analysis will
provide an estimate of the increase in long-term emissions from operation of
the project compared to SCAQMD's significance thresholds. SB 32 established a
GHG emissions reduction target of 40 percent below 1990 levels by 2030. CARB
recently released a draft of the 2017 Climate Change Scoping Plan Update to
achieve the SB 32 reduction target. As a result of recent CEQA case law
regarding target setting, the EIR will need to consider the post -2020 threshold
established by SB 32 for the proposed project when evaluating GHG emissions.
Construction Phase
PlaceWorks will estimate the increase in short-term criteria air pollutant
emissions generated from construction activities associated with the project. It
is assumed that the demolition and construction phasing and equipment mix
will be similar to that identified in the 2016 The Residences at Newport Place Air
Quality and Greenhouse Gas Assessment. We will coordinate with the City and
the applicant to ensure that there are no substantial changes to the
construction phasing, including duration for each construction subphase,
anticipated equipment for each subphase, and estimated demolition volumes
and earthwork (if applicable), for air quality and GHG modeling. Where
preliminary construction information is unavailable, we will use CaIEEMod
defaults, as appropriate, and work with City to develop the construction
assumptions. Localized air pollution impacts from construction equipment
exhaust and fugitive dust will be compared to SCAQMD's screening -level
localized significance thresholds (LST) for their potential to elevate
concentrations of air pollutants at the adjacent land uses surrounding the
development site. A construction health risk assessment is not proposed, and it
is assumed that, based on the LST analysis, construction -related risk can be
described qualitatively. Mitigation measures to reduce potential impacts will be
identified, as necessary.
AQMP Consistency and Other Air Quality Impacts
The SoCAB is designated under the California and National ambient air quality
standards (AAQS) for ozone, particulate matter (PM10 and PM,.,), and lead (Los
Angeles County only). Consistency of the project's regional emissions will also
be evaluated against the SCAQMD Air Quality Management Plan. For other
localized emissions, the SoCAB has been designated as attainment for carbon
monoxide (CO) under both the California and National AAQS, and therefore CO
hotspots will be discussed qualitatively. A qualitative assessment of potential
odor generation will also be included.
NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS
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Deliverables:
— Air Quality and GHG Emissions Analysis, to be included as an appendix to
the EIR
10.2 Noise and Vibration Analysis
PlaceWorks will evaluate potential noise and vibration impacts for the
construction and operational phases of the proposed project. We will use our
experience and knowledge of similar noise environments to characterize the
existing conditions for the project area, with particular attention to the airport
noise from John Wayne Airport as well as the traffic flows on MacArthur
Boulevard and other nearby roadways. Additionally, PlaceWorks will leverage, to
the extent applicable, our previous experience with working within the 2006
General Plan, as well as our preparation of the 2014 Newport Beach Land Use
Element Amendment Supplemental EIR.
The proposed project is in proximity to John Wayne Airport and is subject to the
Airport Environs Land Use Plan; however, review by the Airport Land Use
Commission is not required because a general plan amendment or zoning code
amendment is not necessary to approve the project. Regardless, PlaceWorks
will briefly discuss the compatibility of the proposed project and the existing
ambient noise environment. Based on the existing noise contours for John
Wayne Airport, the proposed project site is currently exposed to a Community
Noise Exposure Level (CNEL) of approximately 60 to 6S dBA (due to aircraft
noise alone). Conformity with state interior sound insulation standards will be
made assuming typical architectural attributes for multifamily facilities.
PlaceWorks will make a quantitative assessment of temporary noise and
vibration impacts during demolition and project construction activities using
industry -standard analysis techniques and using scheduling, equipment mix,
hauling, and truck trip information as provided by the applicant. There are no
offsite, residential facilities within the vicinity of the project; however, there are
still several noise -sensitive receptors that may be impacted by construction
noise (i.e., the Radisson Hotel, Janus University).
The addition of residences and mixed-use development may result in increased
operation around the project area, in terms of existing conditions. Long-term,
operational noise impacts will be primarily related to project -generated traffic
flows. Traffic noise existing conditions and future impacts to land uses along
nearby roadway segments will be assessed with input parameters based on
traffic forecasts in the project's traffic study (provided by the applicant) and will
be assessed using a version of the U.S. Federal Highway Administration Traffic
Noise Model. Other, ongoing noise sources at the site (such as heating,
ventilation, and air conditioning units; maintenance activities; and periodic truck
CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR
Methodology
movements) are expected to be of secondary importance to the traffic impacts
and will be discussed qualitatively.
Potential noise and vibration impacts will be evaluated according to applicable
City of Newport Beach noise and vibration criteria in the City's General Plan and
Municipal Code. Applicable mitigation measures and/or project design features
will be recommended to reduce projected noise and vibration impacts to less
than significant levels for both project construction and operations, as
necessary.
The findings of the noise and vibration analyses and impact assessment will be
presented in a Noise section of the EIR. Pertinent technical background
information and impact assessment details will be included in an appendix.
Deliverables:
– Noise and Vibration Analysis, to be included as an appendix to the EIR
10.3 Peer Review of Applicant -Provided Technical Studies
Per the RFP, the following technical reports have been prepared or are being
prepared by the project applicant's team:
>, Phase l and Il ESAs
Soil and Soil Gas Investigation Report
» Dry Utilities Report
Sewer and Water Demand Report
» Hydrology Report
>, Water Quality Management Plan
We will review these technical reports to ensure that they have been prepared
using appropriate methodology, consistent with existing regulatory
requirements, and using accurate and verifiable field techniques and are in
conformance with all applicable CEQA requirements. PlaceWorks will also
ensure the studies can adequately address all applicable CEQA Guidelines
Appendix G checklist questions. If we find any inaccuracies or deficiencies in
analyses, we will prepare a brief memorandum for that study to formalize our
review and summary adequacy conclusion.
Deliverables:
– Peer Review Memoranda, as required (electronic copy)
TASK 11. SUBCONSULTANTS TECHNICAL STUDIES
11.1 Biological Resources Technical Memo—Cadre Environmental
Given the built -out and urban setting of the project area, no sensitive biological
resources are anticipated onsite; thus, this scope of work does not include a
NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS
Mefhodology
literature review or habitat assessment. PlaceWorks will survey and document
potential resources at the site and Cadre Environmental will prepare a technical
memorandum to defensibly conclude whether significant biological resources
are present and whether this topic needs to be further evaluated. Regulatory
requirements and City standard conditions of approval will be documented in
the memorandum. No potentially threatened or endangered species, sensitive
floral/fauna species habitats, or trees are anticipated onsite. The technical
memorandum will be included as an appendix to the DEIR.
Deliverables:
– Draft and Final Biological Resources Technical Memorandum (1 hard copy
and 1 electronic copy)
11.2 Cultural and Paleontological Resources Technical Report—Cogstone
Cogstone will prepare cultural and paleontological resources technical reports
that analyze the project's potential impacts on cultural resources. Cogstone will
also assist the City with Native American consultation in accordance with AB 52
requirements.
Background Research, Data Collection, and Native American Consultation
Cultural Resources Record Search: Cogstone will conduct an updated record
search at the South Central Coastal Information Center (SCCIC) at California
State University, Fullerton, for a one -half -mile radius surrounding the project
area in order to identify any previously recorded sites and previous cultural
resource studies documented within the study area.
Paleontology Records Search: Cogstone will obtain an updated
paleontological records search from the Los Angeles County Natural History
Museum.
>> Native American Consultation. Cogstone will request a Sacred Lands File (SLF)
search from the Native American Heritage Commission (NAHC). Cogstone will
also assist the City with meeting AB 52 requirements by drafting consultation
letters to be provided on City letterhead. The City will be required to mail the
letters and conduct the consultation. This scope of work does not include
conducting consultation meetings. If requested, a budget augment will be
required.
Fieldwork
Since the project area is hardscaped, Cogstone will conduct a reconnaissance
survey to document baseline conditions. It is assumed that no archaeological
resources will be identified.
CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR
%I of Ilodology
Deliverables
Cogstone will prepare draft AB 52 letter templates and a brief cultural and
paleontological resources letter memo report that will summarize the updated
records searches, field reconnaissance, and baseline conditions and assess
potential impacts to cultural and paleontological resources resulting from the
project. This scope of work includes responding to two rounds of comments.
Final reports and GIS will be filed with the SCCIC.
Deliverables:
— Draft and Final Cultural and Paleontological Resources Letter Memo
Report (1 hard copy and 1 electronic copy)
— Draft AB 52 letter templates
NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS
A. Proposer Backgroui�,
Phase I & 11 Environmental Site Assessments
Soil & Soil Gas Investigation Report
Dry Utilities Report
Sewer & Water Demand Report
Hydrology Report
Water Quality Management Plan
TEAM ORGANIZATION
COMMUNITY DEVELOPMENT DEPARTMENT
Rosalinh Ung I Associate Planner
Role: Project Manager
JoAnn C. Hadfieldl Principal, Environmental
Services
Role: Principal-in-Charge/Project Monoger
Frances Yau, AICP I Associate
Role: Assistant Project Manager
PUBLIC WORKS DEPARTMENT
Transportation Division
Traffic Study
(Consultant prepared under contract to City)
Nicole Vermilion I Associate Principal Fernando Sotelo, PE, PTP I Senior EngineerI Bob Manley I Senior Engineer
Role: Air Quality/GHG Lead Role: Tronsportation/froffrc Lead Role: Noise/Vibrotion Lead
John Vang, JD I Associate Cameron Sullivan I Project Engineer I I Michael Milroy I Associate
Role: Air Quality/GHG I I Role: Transportation/Traffic, NoiseNibration Role: CEQA Planner
Steve Bush, PE l Senior Engineer Michael J. Watson, PG (Associate Geologist Justin Rickenbach I Planner
Role: Civil Engineer Role: Project Geologist Role: CEQA Planner
Ruben Ramirez I Research BiologistI Desired Martinez I Principal Archaeologist
Role: Biology Role: Archaeology/Paleontology, Tribal
CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR
EXHIBIT B
SCHEDULE OF BILLING RATES
PlaceWorks, Inc. Page B-1
11 1V11 Rll1E11.
COST PROPOSAL
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
PlaceWorks, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
PlaceWorks, Inc. Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
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.
PlaceWorks, Inc. Page C-3
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this 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
judgment may be necessary for its proper protection and prosecution of the
Work.
PlaceWorks, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. "
Date Received: 7/13/17
Date Completed: 7/19/17
Dept./Contact Received From: Terresa
Sent to: Teresa By: Alicia
Company/Person required to have certificate:
Type of contract:
Placeworks DBA: The Planning Center Design Community &
Environment
All Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/1/17-7/1/18
❑ No
A.
INSURANCE COMPANY: Crum & Forster Specialty Insurance Co.
B.
AM BEST RATING (A-: VII or greater): A: XII
1,000,000
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes N No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
5,000,000/5,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
N N/A
❑ Yes
include): Is it included? (completed Operations status does
G. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
N Yes
❑ No
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/1/17-7/1/18
A. INSURANCE COMPANY: Travelers Property Casualty Company of America
B. AM BEST RATING (A-: VII or greater) A++:XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes
❑ No
D. LIMITS - If Employees (Must be $1M min. BI.& PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
N N/A
❑ Yes
❑ No
G. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
❑ Yes
N No
H. NOTICE OF CANCELLATION:
0 N/A
N Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 7/1/17-7/1/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company of America
B.
AM BEST RATING (A-: VII or greater): A++:XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
❑ Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A
❑ Yes
❑ No
H.
NOTICE OF CANCELLATION: ❑ N/A
® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved: / U (_ 1 i
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
7/19/17
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed due to GL carrier being non -admitted Approved per Sheri's email 7/14/17
Approved:
Risk Management
* Subject to the terms of the contract.