HomeMy WebLinkAboutC-8564-1 - PSA for Newport Dunes Resort Hotel Environmental Impact ReportPROFESSIONAL SERVICES AGREEMENT
WITH ENVIRONMENTAL SCIENCE ASSOCIATES FOR
NEWPORT DUNES RESORT HOTEL ENVIRONMENTAL IMPACT REPORT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 27th day of November, 2018 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation
("Consultant"), whose address is 2121 Alton Parkway, Suite 100, Irvine, California 92606,
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 assess potential impacts and identify
mitigation measures for the development of the Newport Dunes Resort Hotel by
preparing an Environmental Impact Report ("EIR"). All work is to be prepared in
accordance with the criteria, standards, and provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code, Section
21000, et seq.), California CEQA Guidelines (California Code of Regulations, Title
14, Section 15000, et seq.), the City of Newport Beach Environmental Guidelines,
and the regulations, requirements, and procedures of any other responsible public
agency with jurisdiction by law ("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 26, 2020, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Sixty One
Thousand One Hundred Dollars and 00/100 ($261,100.00). Additionally, the City has
allocated a contingency amount of Twenty Six Thousand One Hundred Dollars and
00/100 ($26,100.00) for unexpected costs, for a total not to exceed amount of Two
Hundred Eighty Seven Thousand Two Hundred Dollars and 00/100 ($287,200.00).
No portion of the contingency shall be expended without prior written approval of City's
Project Administrator. 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.
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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
C ity.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Michael Houlihan 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 Planning Program Manager 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.
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8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
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regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
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subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seg., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at-
Attn: Planning Program Manager
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: Michael Houlihan
Environmental Science Associates
2121 Alton Parkway, Suite 100
Irvine, California 92606
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
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all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 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.
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28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. if any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:(W(o ((B
By:
Aaron C. Harp 0.kw u`•to-to
City Attorney
ATTEST: (�
Date: 0 • b
in
Leilani I. Brown City Clerk /%_
H
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
M r all "P'T'7DuffiAld
Mayor
CONSULTANT: Environmental Science
Associates, a California corporation
Date:
Signed in Counterpart
By:
Bobbette Biddulph
Senior Vice President
Date:
cgc��`P
By:
Signed in Counterpart
Steve Nelson
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:Al6 (B
,,;7
By:
Aaron C. Harp MW �`•�' �$
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: Environmental Science
Associates, j _California corporation
Date:
By: B
Leilani I. Brown ab e iddulph
City Clerk Senior Vice President
Date:
By: _ _ (A U& - -, - Ul-� �-
StdVe Nelson
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
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ESA
Section B
Methodology
The overall objective of the Newport Dunes Resort Hotel EIR, as outlined in the Request for Proposal (RFP), is to
provide an environmental document consistent with the requirements of the State CEQA Guidelines and local
applicable standards that will stand as a legally defensible document. To achieve this objective, ESA will provide the
following approach to the project.
Hroject Approach
ESA has assembled a highly skilled project team, consisting of managers and technical analysts that will provide the
intellectual capital required to seamlessly and systematically move this project forward through completion. The
approach of the ESA project team is based on meeting the following objectives:
> Accurately reviewing and integrating information and/or technical analyses prepared by others into the
environmental document.
> Serving as an extension of City staff to anticipate controversial issues, provide unbiased recommendations,
devise solutions to potential impacts and/or other issues that may arise, and provide expert environmental
compliance consultation.
> Coordinating the preparation and compilation of the EIR.
> Committing senior management to the project to ensure technical accuracy, document objectivity, and legal
defensibility.
> Complying with CEQA, the current State CEQA Guidelines, and current case law and serving as a public
educator of CEQA and the CEQA process.
> Complying with all City processing requirements.
> Responding to all significant issues of concern raised by the various government agencies, private entities,
individuals, and community groups.
> Submitting all required deliverables within the mutually agreed-upon time frames.
November 1, 2018 City of Newport Beach / Newport Dunes Resort Hotel EIR B-1
environmental science associates
B I METHODOLOGY
It is assumed that a Project EIR will be completed for the proposed project. Data and/or analysis from the previous
Newport Dunes Hotel EIR will be used, as applicable, as well as information contained in other recent relevant
environmental and planning documents to inform the cumulative impact analysis and to determine whetherthere is
utility in ensuring consistency with other approved analysis methodologies or impact conclusions.
ESA will take responsibility for project initiation and organization, data compilation, impact assessment,
development of mitigation measures, report compilation, monitoring and review for CEQA adequacy, attendance at
public meetings, response to public comments, coordination of the internal project team, preparation of a Mitigation
Monitoring and Reporting Program (MMRP), and preparation of the Findings of Fact and Overriding Considerations,
if necessary.
Report format and content will be in full compliance with CEQA (as in place on the date of submittal of this proposal),
the State CEQA Guidelines (also as in place on the date of submittal of this proposal), and City environmental
procedural requirements.
General EIR organization will include a discussion of existing conditions, potential direct and indirect/secondary
environmental impacts, and the recommendation of mitigation measures for each affected issue area. To present
information in a concise and easily understood format, text will be supplemented with graphics, charts, maps, and
tables on 81/2 -in by ii -in paper, unless a larger format is critical to the readability of the document. Work products will
consist of professionally photocopied reports in comb bindings, which will be printed on recycled paper and will
include CDs for public review documents. The majority of graphics, charts, and maps will be presented in black ink,
although some color graphics may be included to help convey necessary information. All work products will be
prepared using Microsoft Word and other formats that are compatible with the City's software applications.
Project Work Plan
Task 1: Project Initiation
The ESA Project Manager and Deputy Project Manager will attend one kick-off meeting with the City of Newport
Beach staff to obtain information necessary for the preparation of a complete project description, establish early
communication among various project team members and discuss known environmental issues for analysis. The
kick-off meeting will include a discussion of the scope of work, project schedule, project application information, and
technical evaluations prepared by the project applicant. ESA will prepare an agenda for the meeting and distribute
meeting minutes within two days following the meeting.
Deliverables:
> Submit one electronic copy of the meeting agenda.
> Attendance at one project kick-off meeting.
> Submit one electronic copy of the meeting minutes.
Task 2: Project Description and EIR Outline
The formulation of a working description forthe project is critical to a successful EIR process. ESA will work closely
with City staff to prepare a clear and complete Project Description that articulates the components of the project as
well as the project objectives. ESA will review the project application materials that were submitted by the project
applicant to the City during the preparation of the project description.
The Project Description will include a regional and local setting, project history, project objectives of the City as well
as the applicant, and project characteristics of the project features. The description will also include the intended
uses of the EIR (as required by Section 15124(d) of the State CEQA Guidelines), including a list of responsible, trustee,
and other agencies expected to use the EIR in decision making. A list of approvals for which the EIR will be used will
also be provided.
A background discussion of the project history will also be included in the Project Description. This discussion will
include a general overview of historical conditions of the project site.
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This task will also include the preparation of the EIR Outline to clearly identify the components that will be included
within the EIR.
Deliverables:
> Two hard copies and one electronic copy of the Draft Project Description.
> Two hard copies and one electronic copy of the Draft EIR Outline.
Task 3: Initial Study and Notice of Preparation
ESA will prepare an Initial Study (IS) and Notice of Preparation (NOP) for the proposed project that is consistent with
the procedural and substantive provisions of CEQA Sections 15063 and 15082. The IS will include a description of the
proposed project and will clearly identify those environmental issues that will be evaluated in the EIR and those that
would be scoped out of the EIR. ESA will review the available site specific data, conduct a field visit, and interview
relevant parties related to the project site. The IS will include a qualitative characterization of the site and area
baseline conditions. ESA will review the data from the Initial Study that was prepared for The Residence at Newport
Beach during the preparation of the IS for the proposed project. The NOP will provide sufficient information
describing the project and the potential environmental effects to enable the responsible agencies, other agencies,
and the public to provide meaningful input into the scoping process.
ESA will also prepare a Draft Notice of Completion (NOC)/Environmental Document Transmittal (EDT) and a draft
J: list.
Two hard copies and one electronic copy of the Draft IS and NOP and one electronic copy of the Draft NOC/EDT and
draft distribution list will be provided to City staff for review. Based on one round of review and comments, ESA will
revise the IS, NOP, NOC/EDT, and distribution list. Up to 20 hard copies and 20 CDs of the Final IS and NOP will be
reproduced. One electronic version of the Final ETF/NOC and distribution list in a PDF format will be provided to City
staff. ESA will distribute 15 of the 20 hard copies of the Final IS and NOP to the State Clearinghouse along with one
hard copy of the Final NOC/EDT. ESA will provide City staff with up to 5 hard copies and 5 CDs of the Final IS and
NOP and the remaining 15 CDs will be distributed by certified mail with return receipt to a City -approved distribution
list.
Deliverables:
> Two hard copies and one electronic copy of the Draft IS and NOP.
> One electronic copy of the Draft NOC/EDT and draft distribution list.
> Twenty hard copies and 20 CDs of the Final IS/NOP.
> One hard copy and one electronic copy in PDF format of the Final NOC/EDT and final distribution list.
> Overnight delivery of 15 hard copies of the Final IS/NOP to the State Clearinghouse.
> Overnight delivery of 5 hard copies and 5 CDs of the Final IS/NOP to the City.
> Certified Mail Return Receipt delivery of 15 CDs of the Final IS/NOP to distribution list.
Task 4: Scoping Meeting
ESA will participate with the City of Newport Beach staff in a scoping meeting held for the proposed project. ESA will
prepare a PowerPoint presentation for review by City staff and present and/or participate in an advisory capacity
during the scoping meeting and respond to questions.
Deliverable:
> Attend one scoping meeting.
Task 5: Technical Evaluations/Studies
CEQA Adequacy Review of Applicant's Technical Studies
ESA will conduct a CEQA adequacy review of the studies that will be submitted by the project applicant for the
project. It is our understanding that the technical studies include the following:
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> Visual Simulation — ESA assumes that the Visual Simulations will be from significant vistas identified in the
City's Local Coastal Program such as Back Bay Drive and Coast Highway from Jamboree Road to Bayside Drive.
> Biological Resource Assessment— ESA assumes that the Biological Resource Assessment will conduct a review
of the federal and state databases, field survey, evaluation of potential plant and wildlife impacts associated with
project construction and operational activities, and appropriate mitigation measures.
> Wetlands Delineation— ESA assumes that U.S. Army Corps of Engineers Waters of the U.S, and California
Department of Fish and Wildlife Waters of the Statei.urisdictional areas will be delineated.
> Geotechnical Report — ESA assumes that the geotechnical evaluation will address geo-hazards such as fault
rupture, seismic ground shaking, lateral spreading, subsidence, liquefaction, collapse and expansive soil.
> Preliminary Grading and Drainage Plan — ESA assumes that the grading information will identify the grading
elevations on the project site and illustrate that the proposed earthwork will require approximately 3,975 cubic
yards of export.
> Phase s Environmental Site Assessment— ESA assumes that the Phase I Environmental Site Assessment will be
conducted in accordance with current American Society for Testing and Materials (ASTM) standards. These
standards include historical research of the project area, research of existing contamination, site reconnaissance,
and documentation.
> Hydrology and Water Quality Assessment— ESA assumes that the hydrology and drainage report will address
existing drainage patters and the project's effect of existing drainage infrastructure and facilities.
• Hazards and Hazardous Materials Assessment — ESA is assuming that construction and operational hazards
and the use, transport and disposal of hazardous materials will be evaluated.
> Preliminary Water Quality Management Plan — ESA assumes that the PWQMP will address existing and
project water quality as well as project surface water quality, groundwater quality and lagoon water quality.
> Sea Level Rise Study— ESA assumes that a discussion of existing and projected sea level in the existing lagoon
will be used to determine the potential effect of projected rising sea level due to project implementation.
> Cultural Resources Report— ESA assumes that the Cultural Resources Report will address historical,
archaeological, and paleontological resources.
Following completion of our CEQA Adequacy Review of each of the applicant's technical studies, we will prepare a
letter that identifies the adequacy of the analyses. Depending on the timing of the applicant's technical studies, more
than one letter may be prepared.
ESA Technical Evaluations
Air Quality
ESA will prepare an air quality impact assessment for the proposed project. The impact assessment will evaluate the
potential air quality impacts that may arise from implementation of the proposed project. The proposed project
consists of the construction of a 275 -room hotel and ancillary facilities including a coffee shop, gift/laundry shop,
business center, meeting space, spa/fitness facilities, restaurant, pool, tennis courts, sand volleyball courts, and picnic
area. The construction activities at the project site along with long-term project operation would result in emissions
of criteria air pollutants (such as particulate matter, and ozone precursors), toxic air contaminants (TACs), and
odorous compounds. As the project site is located within the South Coast Air Basin (Basin), which is under the local
jurisdiction of the South Coast Air Quality Management District (SCAQMD), the air quality analysis will be conducted
in accordance with the procedures and methodologies set forth in the SCAQMD's CEQA Air Quality Handbook and
supplemental guidance including the Final Localized Significance Threshold (LST) Methodology.
The air quality impact assessment will include an evaluation of the proposed project's conformance with the
applicable control strategies and growth projections in the most recent air quality management plan for the Basin.
The estimated construction and operational regional emissions for the project will be quantified using the most
recent version of the California Emissions Estimator Model (CalEEMod) and evaluated against the applicable
SCAQMD thresholds of significance to determine whether potential air quality impacts would result. The calculation
of the project's construction emissions will be based on the amount and types of construction equipment that would
be employed at the project site under each phase of the proposed construction scenario. ESA will work with the City
and the Applicant to ensure that the maximum (worst-case) daily construction emissions under each construction
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scenario is captured and presented in the air quality analysis. ESA assumes that the construction assumptions such as
number and type of construction equipment, timing of construction phases as well as operating hours and duration
will be provided by the project applicant. With regard to operational emissions, the project's mobile -source emissions
will be estimated based, in part, on data provided in the traffic study that will be prepared for the project and
provided by the City. Overall, the estimated construction and operational regional emissions for the project will be
quantified and evaluated against the applicable SCAQMD thresholds of significance.
As recommended by SCAQMD, both the construction and operational impact analyses will include an assessment of
the project's possible effect on local air quality (including localized carbon monoxide, nitrogen dioxide, and fine
particulate matter) concentrations. The local air quality analysis will be conducted in accordance with SCAQMD's
screening criteria in the LST Methodology. Furthermore, impacts associated with localized carbon monoxide
hotspots at nearby study intersections to the project site will be assessed qualitatively. Potential odor emissions
associated with the project, which would occur primarily during temporary construction activities at the site, will also
be addressed qualitatively in the analysis. If it is determined that significant air quality impacts would occur, feasible
mitigation measures will be identified to reduce the project's air quality impacts, as required.
ESA will prepare additional assessments of direct impacts from project construction and operation. Diesel particulate
matter, recognized as a carcinogen and toxic air contaminant by the State of California, would be emitted directly
from construction equipment exhaust. A construction health risk assessment (HRA) will focus on chronic carcinogenic
and non -carcinogenic risks in accordance with guidance developed by the California Office of Environmental Health
Hazard Assessment (OEHHA) and SCAQMD dispersion modeling and risk assessment procedures. Due to the nature
of the proposed use, it is not anticipated that project operations could include sources of toxic air contaminants.
Therefore, operational health risks would be analyzed qualitatively. If it is determined that significant air quality
health risk impacts would occur at off-site sensitive receptor locations, ESA will identify feasible mitigation
measures, including but not limited to performance standards to be met by the construction team to reduce the off-
site health risks.
This scope assumes that a separate technical report will not be prepared. Project assumptions and model outputs will
be attached as a part of the EIR appendix materials.
Greenhouse Gas Emissions
ESA will prepare a greenhouse gas (GHG) evaluation for the proposed project. The project would generate GHG
emissions during construction and operations that could have an impact on the environment. The GHG assessment
for the proposed project will evaluate the potential impacts associated with the project's generation of GHG
emissions during construction and operations. GHG emissions attributable to the project will be estimated for the
following sources: construction, area sources (e.g., landscaping equipment), mobile sources, energy consumption
(electricity and natural gas), water consumption, wastewater generation, and solid waste generation, consistent with
the recommendation by the Governor's Office of Planning and Research in its Technical Advisory: CEQA and Climate
Change (2008). Construction- and operations -related GHG emissions will be quantified using the most recent version
of the CalEEMod computer model. Since neither the City nor SCAQMD have adopted a numeric threshold of
significance that would be applicable to the project, the GHG assessment will evaluate the project's emissions in the
context of the state and local setting, and using draft thresholds proposed by the SCAQMD's GHG Working Group as
appropriate for the project.
Furthermore, the project's GHG emissions will also be discussed with respect to the goals and recommended actions
of the state's Climate Change Scoping Plan, the City's proposed Energy Action Plan (EAP), the City's Green Building
Guidelines, and other applicable state regulations. If it is determined that the project would need to include design
features/mitigation measures to reduce GHG emissions, ESA will work with the City and the Applicant to identify
feasible measures.
This scope assumes that a separate technical report will not be prepared. Project assumptions and model outputs will
be attached as a part of the EIR appendix materials.
Noise and Vibration
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ESA will prepare a noise and vibration evaluation of the proposed project. Implementation of the proposed project
could result in an increase in noise levels within the areas surrounding the project site during construction as well as
during project operations. Additionally, potential vibration impacts on the immediate surrounding land uses may
occur during project construction from the use of heavy-duty construction equipment. Nearby sensitive receptors
(such as residential uses) may be adversely impacted by increased noise levels from project construction and
operations. ESA will evaluate the potential construction and operational noise impacts on the nearby sensitive uses
resulting from the project.
ESA will characterize the existing baseline noise conditions by conducting up to two long-term (24-hour) and two
short-term (s5 -minute) ambient noise level measurements in the project site vicinity using sound level meters that
satisfy the American National Standards Institute (ANSI) for general environmental noise measurement
instrumentation.
Construction noise levels at the nearest sensitive receptors will be estimated using the Federal Highway
Administration's (FHWA) Roadway Construction Noise Model (RCNM) and based on the type of construction
equipment that will potentially be used, the amount of activity that would occur, and the distance that sensitive
receptors are from the project site (information to be provided by the Applicant team). The potential construction
noise impacts of the project will be evaluated against the applicable noise criteria established in the City of Newport
Beach's General Plan Noise Element and Municipal Code. Potential vibration impacts associated with construction
activities will also be analyzed using vibration data provided by the Federal Transit Administration (FTA) for different
pieces of construction equipment. If it is determined that significant construction noise and vibration impacts on
nearby sensitive land uses would occur, feasible mitigation measures will be identified to reduce these impacts.
During operation of the proposed project, increases in noise levels in the project site vicinity would result from vehicle
trips traveling to and from the project site. As such, ESA's noise assessment will conduct traffic noise modeling using
the Federal Highway Administration's (FHWA) Traffic Noise Model to estimate the future traffic noise levels on the
nearby roadways to the project site to evaluate the noise impact on the existing land uses located in the project site
vicinity. The future project -related traffic noise level increases at existing noise -sensitive uses fronting the local
roadways in the project vicinity will then be reviewed against the applicable City noise exposure criteria to determine
whether significant noise impacts would occur. Other project noise sources such as heating and ventilation,
maintenance activities, parking lot activities and truck loading/unloading docks forthe hotel uses will be evaluated. In
addition, ESA understands that events may occur at the hotel that are similar to the existing events within Newport
Dunes. According to City staff, specific noise attenuation measures as well as monitoring are implemented during the
existing events to ensure that the City's noise standards are achieved. ESA will utilize the monitoring data to evaluate
potential effects associated with similar events that could occur on the project site. ESA will incorporate these
measures as applicable as well as any additional measures to reduce significant noise impacts.
This scope assumes that a separate technical report will not be prepared. Project assumptions and model outputs will
be attached as a part of the EIR appendix materials.
Deliverables:
> One electronic copy of the CEQA Adequacy Review Letter(s) of the Applicant's technical studies.
> One electronic copy of a memorandum providing a brief summary of the findings of each ESA technical
evaluation.
Task 6: First Administrative Draft EIR
The objective of this task is to prepare a comprehensive, accurate, and objective project -level EIR for the proposed
project that fully complies with CEQA and the State CEQA Guidelines (both as in place on the date of submittal of
this proposal) and all applicable guidance and procedures established by the City of Newport Beach for the purpose
of environmental review.
The main purpose of the Administrative Draft EIR will be to thoroughly and accurately analyze the environmental
impacts of the proposed project. The methodology and criteria used for determining the impacts of the project will
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be clearly and explicitly described in each section of the EIR, including any assumptions, models, or modeling
techniques used in the analysis.
The Administrative Draft EIR will include the following sections:
> Table of Contents
> Introduction
> Executive Summary, including a comprehensive summary table of impacts and mitigation measures, areas
of controversy, issues to be resolved, and a summary discussion of the proposed project and its alternatives
> Project Description, including project objectives, purpose and need, project location, project characteristics,
scope of project, project alternatives, and required approvals
> Introduction to the Environmental Analysis
> Environmental Topics (for each issue area evaluated):
— Environmental Setting
— Regulatory Framework (applicable federal, state, local, plans, policies, and standards)
— Thresholds of Significance
— Project Environmental Impacts (short-term, long-term, direct, and indirect)
— Mitigation Measures (for potentially significant environmental issues)
— Level of Significance After Mitigation
— Cumulative Environmental Impacts (short-term, long-term, direct, and indirect)
> Alternatives
> Long -Term Implications, including growth -inducing impacts, a summary of project -related and cumulative
significant unavoidable impacts, and significant irreversible environmental changes or commitments of
resources
> List of EIR Preparers
> References
> Appendices
The scope of work for each of the environmental issue areas is further described below and in the following pages,
with an emphasis on unique and/or important components of the environmental analysis.
Introduction
A brief introduction to the EIR will be prepared to describe the purpose of the EIR to the reader. This section will also
describe, in detail, how this EIR will be used. This chapter will also describe the background of the proposed project,
purpose, and scope of the EIR; a summary of the environmental and public review process; and a brief outline of the
document's organization. Cumulative impacts will be addressed within each of the environmental topics.
Executive Summary
The Executive Summary will include a brief synopsis of the proposed project and project objectives, necessary
actions by the City of Newport Beach and the California Coastal Commission in order to approve the proposed
project and issue discretionary permits, areas of controversy/issues to be resolved, a description of the intent of the
MMRP, and an overview of project alternatives. This chapter will also summarize (in table format) environmental
impacts that would result from implementation of the proposed project, including the level of significance of impacts
prior to the incorporation of mitigation measures, if applicable; proposed mitigation measures that would avoid or
reduce project -related impacts; and the level of significance of impacts after the incorporation of mitigation
measures.
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Project Description
The Project Description prepared as part of Task z will be updated based on City staff review as well as revisions that
occur as a result of project scoping.
Cumulative Projects Identification
ESA will describe the reasonably foreseeable projects that have been identified in the City's traffic consultant's
technical study. ESA will coordinate with City staff if additional descriptions are necessary to clearly identify the
cumulative projects. Potential cumulative impacts will be discussed for each technical issue.
Environmental Analysis
This chapter is introduced by describing the scope and format of the environmental analysis, specifying that each
environmental issue area will contain a description of the environmental setting (or existing conditions), regulatory
framework, methodology, thresholds of significance used to determine the nature or magnitude of environmental
impacts, project -related and cumulative impacts, and feasible mitigation measures that would avoid or minimize
significant environmental impacts. ESA understands that an evaluation of environmental issues was conducted for
the project site as part of the Newport Dunes Resort EIR and EIR Addendum. ESA will review the data and
incorporate relevant and applicable data and discussions from this previous EIR and EIR Addendum into the EIR.
Following are the topics that will be evaluated.
Aesthetics
ESA will document the existing aesthetic and visual character of the project area. Conceptual design
elements are assumed to be provided by the applicant and will be incorporated into the aesthetic impact
evaluation. The Visual Simulations prepared by the project applicant will be incorporated into the EIR
evaluation to demonstrate the level of impact will project implementation. ESA assumes that visual simulations for
up to io locations will be provided by the project applicant. ESA assumes that each visual simulation will provide two
photographs; one illustrating the existing view and the second illustrating the view of the project superimposed on
the existing view. In addition, ESA will evaluate the light and glare impacts associated with the project.
Air Quality
As identified above in Task 5, ESA will prepare an air quality impact assessment. Findings from our
y ..v;°2 assessment will be incorporated into the EIR. The discussion will include the existing conditions
regulatory setting, thresholds of significance, the project and cumulative impacts, mitigation measures
and the level of significance after the implementation of the recommended mitigation measures.
Biological Resources
After our CEQA Adequacy review, ESA will incorporate the findings from the Biological Resource
Assessment and the Wetland Delineation into the EIR. Recommended mitigation measures will be
review and incorporated, as appropriate. The Biological Resource Assessment and the Wetland
Delineation will be included as an appendix to the EIR.
Cultural Resources/Tribal Cultural Resources
ESA understands that the project applicant will be preparing the Cultural Resources Assessment for the
proposed project.
ESA will assist the City with Native American consultation as required by Assembly Bill 52 (AB 52) in orderto identify
tribal cultural resources (as defined by PRC Section 21074). ESA will draft initial consultation letters notifying
California Native American Tribes that are traditionally and culturally affiliated with the geographic area of the
project site (as defined in PRC Section 21073) and who have requested in writing to be informed by the City (in
accordance with PRC Section 21o80.3.1(b)). The letters will provide an overview of the project, a map depicting the
project site (generated by ESA), and contact information for the primary City contact. The letters will indicate that
the Tribe has 3o days from receipt of the letter to request consultation. ESA assumes that no more than five (5) Tribes
will require notification, and that the letters will be sent out on City letterhead via certified mail with return receipt
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requested (or another acceptable method to track date of receipt). This scope of work does not include our assistance
with responding to requests for consultation, reviewing information provided by tribes, and attendance at tribal
consultation meetings. ESA assumes that the City will provide the results of any AB 52 consultation efforts.
After our CEQA Adequacy Review, ESA will incorporate the findings from the applicant's Cultural Resources
Assessment as well as the results from the City's AB 52 consultation process into the EIR. Mitigation measures will be
identified, if necessary.
Geology and Soils
A geotechnical report for the proposed project is being prepared by the applicant. ESA will review the
documentation of potential geologic hazards associated with the project site and incorporate the
conclusions and findings into the EIR. The geotechnical report will be included as an appendix to the EIR.
Greenhouse Gas Emissions
As identified above in Task 5, ESA will prepare a greenhouse gas evaluation. Findings from our evaluation
will be incorporated into the EIR. The discussion will include the existing conditions, regulatory setting,
thresholds of significance, the project and cumulative impacts, mitigation measures and the level of significance after
the implementation of the recommended mitigation measures.
Hazards and Hazardous Materials
The project applicant is preparing a Phase I Environmental Site Assessments and a Hazards and Hazardous
Materials Assessment for the proposed project. ESA will review the documentation of potential hazards
and hazardous materials impacts on and in the project vicinity and incorporate the conclusions and findings in the
EIR. The Phase I Environmental Site Assessments and a Hazards and Hazardous Materials Assessment will be
included as an appendix to the EIR.
Hydrology and Water Quality
A Preliminary Grading and Drainage Plan, Hydrology and Water Quality Assessment, Preliminary Water
Quality Management Plan and Sea Level Rise Study will be prepared by the project applicant. ESA will
review the documentation of potential drainage, water quality, and sea level rise impacts associated with the
implementation of the proposed project and incorporate the conclusions and findings into the EIR.
Land Use and Planning
The land use section will include a description of the existing land uses, intensities, and land use patterns in
the project vicinity as well as the compatibility of the project with the adjacent land uses. ESA understands
that the existing uses within Newport Dunes include a 4o6 -space recreational vehicle park, a 450 -slip marina, a
restaurant, dry boat storage, boat launching facilities, surface parking and beach day use facilities. ESA will review
and evaluate the applicable regional and local land use plans, policies and regulations. These include the Southern
California Association of Government's 2o16 -204o Regional Transportation Plan/Sustainable Communities Strategy,
City of Newport Beach General Plan, the City of Newport Beach Local Coastal Program, the City of Newport Beach
Local Coastal Program Implementation Plan, the City of Newport Beach Municipal Code, and the 1983 Newport
Dunes Settlement Agreement. This scope of work includes an evaluation of each applicable policy and regulation to
determine the project's consistency/inconsistency. Mitigation measures will be provided, if necessary.
Noise and Vibration
As identified above in Task 5, ESA will prepare a noise and vibration evaluation. Findings from our
evaluation will be incorporated into the EIR. The discussion will include the existing conditions, regulatory
setting, thresholds of significance, the project and cumulative impacts, mitigation measures and the level
of significance after the implementation of the recommended mitigation measures.
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Population and Housing
The proposed project will increase long-term employment population on the project site and will not include housing.
ESA will provide a discussion of the potential forthe project to result in the inducement of population growth.
Because the project site does not include existing or proposed housing, no housing impacts are expected to occur.
Public Services/Recreation
6-JTo determine whether adequate public services could be provided to serve the project site, letters
describing the proposed project will be sent to the service providers. ESA will address potential impacts on
fire protection services, police, schools, parks and recreation, and libraries by requesting current information on
existing and planned service levels, staffing levels, and response times. The ability of existing public services to meet
demands of the proposed project will be described. If required, any additional capacity, services, or personnel will be
discussed. Further, any unique public service needs due to the proposed use of the site will be discussed. The impact
of the project upon the ability of the service providers to maintain acceptable service levels will be discussed,
anticipated impacts will be assessed, and mitigation measures, if necessary, will be provided.
Transportation/Traffic
The City requested Ganddini Group, Inc. to prepare a traffic study for the project under the supervision of
the City Traffic Engineer. Ganddini Group, Inc. will be ESA's subconsultant. Ganddini Group, Inc. will
prepare a traffic impact analysis that will comply with the Traffic Phasing Ordinance (TPO) Municipal Code Chapter
15.4o and appropriate sections of CEQA. A detailed scope of the traffic impact analysis is provided in Section E of this
proposal. ESA will coordinate with Ganddini Group, Inc. and the City Traffic Engineer to obtain necessary traffic -
related data for the preparation of the air quality/greenhouse gas analysis and the noise analysis. ESA will review the
traffic study and incorporate the conclusions and findings into the EIR.
Utilities and Service Systems/Energy
ESA will consult with utility providers to determine the use of existing utilities as well as existing
capacities. Service demands will be quantified, where possible, and the impact on existing utility systems
will be described. The drainage information from the Preliminary Grading and Drainage Plan as well as the Hydrology
and Water Quality Assessment prepared by the project applicant will be incorporated into this section of the EIR.
Furthermore, ESA will incorporate wastewater treatment, water supply and landfill information based on review of
existing documentation.
Furthermore, as required by Section 211-00 (b) of the State CEQA Guidelines, ESA will address potential Energy
impacts of the proposed project in accordance with Appendix F. ESA will provide a summary of the anticipated
energy needs at full buildout conditions, impacts, and conservation measures, and potential electricity and natural
gas demand. ESA will describe applicable policies and design standards that would reduce the project's wasteful,
inefficient, and unnecessary consumption of energy. ESA will also discuss the project's potential impacts on the
energy infrastructure. If potentially significant impacts are determined, feasible mitigation measure will be identified.
Other CEQA Sections
Effects Found Not to be Significant
ESA will describe effects found not to be significant, in accordance with State CEQA Guidelines Section 15128, by
listing them with brief explanations of why they are not significant. Based on a review of the proposed project and
conditions on- and off-site, ESA assumes the following environmental issues will result in no significant impacts and
can bejustifiably "scoped out" of the EIR:
> Agriculture and Forestry Resources
> Mineral Resources
Alternatives
The EIR will include an assessment of alternatives in light of CEQA's mandate to reduce significant project impacts
while meeting the project's basic objectives. ESA proposes a two-tiered approach to the alternatives analysis, which
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is to (i) describe the alternatives screening process; and (i) describe and analyze those alternatives selected for
detailed study. This will allow the EIR to demonstrate the consideration given to a sufficiently broad range of
alternatives. Based on the RFP, the EIR will include two alternatives to the proposed project: (j.) no project, no
construction, and (2) reduced intensity.
The alternatives will be provided in a sufficient level of detail for comparison with the proposed project. Each
alternative will be evaluated with respect to each key impact category. The advantages and disadvantages of each
alternative and the reasons for rejecting or recommending the alternative will also be discussed, and the
environmentally superior alternative will be identified. During the course of the environmental analysis, minor
variations to the proposed project that could have the effect of reducing or eliminating environmental concerns may
become apparent. These variations will be recommended, where feasible.
Long -Term Implications
The EIR will discuss all significant unavoidable adverse impacts. Potential growth -inducing and irreversible impacts of
the proposed project will also be discussed. Potential sources of growth inducement and their corresponding
impacts, such as removal of obstacles to growth, will be qualitatively analyzed to the extent that they are applicable.
List of Report Preparers and References
This section will identify each individual who participated in preparation of the EIR. In addition, all references used in
the EIR will be provided in each environmental topic identified under Environmental Analysis, above.
Appendices
All technical studies, survey results, data, and public and agency IS/NOP comments will be included as appendix
material to the Draft EIR.
Deliverable:
> Four hard copies of the First Administrative Draft EIR with technical appendices on CD.
Task 7: Second Administrative Draft EIR
ESA will respond to the City's comments on the First Administrative Draft EIR, complete necessary revisions, and
provide the City with a Second Administrative Draft EIR for review and comment. ESA will coordinate with the City's
project manager, who will assemble comments on, and suggested revisions to, the First Administrative Draft EIR.
One set of unified City staff comments will be provided to ESA. The City will reconcile conflicting review comments, if
needed, between City staff.
One complete set of revisions to the First Administrative Draft EIR, pursuant to review comments, will be completed.
The revisions will be prepared in conformance with the scope of work. If additional revisions are required based on
factors such as substantial changes to the proposed project, changes to the alternative project descriptions, or
changes in report format, additional funds may be required.
This scope of work includes providing hard copies of the Second Administrative Draft EIR, which will show the
revisions in "track changes" that have occurred from the First Administrative Draft EIR. This will allow City staff to
focus on the revisions.
Deliverable:
> Four hard copies of the Second Administrative Draft EIR with technical appendices on CD.
Task 8: Pre -Print Draft EIR
Upon receipt of the comments on the Second Administrative Draft EIR from the City, ESA will prepare the Pre -Print
Draft EIR for circulation approval. In addition, ESA will prepare the Notice of Availability (NOA), Notice of Completion
(NOC) and the Environmental Transmittal Form (ETF) for City review and approval.
Deliverable:
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> One hard copies of the Pre -Print Draft EIR with technical appendices on CD.
Task 9: Public Review Draft EIR
After City approval of the Pre -Print Draft EIR, ESA will prepare the Public Review Draft EIR. In addition, ESA will
finalize the NOA, NOC and ETF based on comments received from the City. ESA will forward the NOA, NOC and ETF
to the State Clearinghouse with 15 hard copies of the Executive Summary and 1-5 CDs of the entire EIR. ESA will also
reproduce io hard copies of the Draft EIR with the appendices on a CD in PDF format on the back cover of the Draft
EIR. An additional 40 CDs of the Draft EIR and appendices will be provided for distribution to the local agencies and
interested persons on a City -approved distribution list. Each Draft EIR that is distributed will include a copy of the
NOA.
One copy of the Draft EIR and technical appendices as well as the NOA will be provided to the City in an HTML, or
other acceptable web -friendly format, so text and graphics can be easily placed on the City's website. ESA will
provide an electronic version of the Public Review Draft EIR main document and appendices as well as provide
separate Chapters and Sections of the EIR and individual appendices to allow easier downloading by the public from
the City's website. After City approval. ESA will publish the NOA for one day in the local newspaper.
Deliverables:
> Fifteen hard copies of the Executive Summary with Public Review Draft EIR on CD
> Ten hard copies of the Public Review Draft EIR with technical appendices on CD
> Fifty copies of the Public Review Draft EIR with technical appendices on CD
> One copy of the Public Review Draft EIR with technical appendices in an HTML, or other acceptable web -
friendly format
> Publish the NOA for one day in the local newspaper
Task 10: Response to Comments/Errata
The objective of this task is to prepare written responses to comments received on the Draft EIR that raise significant
environmental issues and submit them for City staff review after the close of the public comment period. The
responses to comments will be prepared based on the State CEQA Guidelines.
ESA assumes that the City will compile and transmit all written comments on the Draft EIR throughout the public
review period and as one unified set of comments following the close of the public review period. ESA will prepare a
matrix of comments, which will include the comment letter, the comment number within the comment letter, the
issue area of the Draft EIR to which it applies, and whether the response will be an individual response or a
topical/master response. ESA assumes that the applicant's consultants who prepared the technical reports will be
available to assist in responding to comments provided on their specific analysis, if needed.
ESA has budgeted izo hours for the preparation of the Responses to Comments, both draft and final versions. The
draft responses that are within this proposal's scope of work and budget consist of explanations, elaboration, or
clarification of the data contained in the Draft EIR with a budgeted effort of up to go hours for ESA technical staff to
prepare responses and the Errata. An electronic version of the draft version of the Responses to Comments/Errata in
Word format will be provided for City staff review.
Based on one round of unified comments on draft version of the Responses to Comments/Errata, ESA will revise the
document and prepare the final version of the Responses to Comments/Errata. The revisions will be prepared in
conformance with the scope of work. If additional revisions are required based on factors such as substantive
changes to the proposed project, changes to the alternative project descriptions, or changes in report format,
additional funds may be required. ESA has budgeted up to 3o hours for technical staff to revise the responses and
Errata based on City staff comments.
This scope of work includes distribution of the final version of the Responses to Comments/Errata to the commenting
agencies and public. ESA assumes distribution of up to 40 copies of the CD to the commenting agencies and public.
B-12 esassoc.com
ESA
_.A
Deliverables:
> An electronic version of the draft Responses to Comments/Errata.
> Ten hard copies of the final Responses to Comments/Errata.
> Fifty copies of the final Responses to Comments/Errata on CD.
Task 11: Mitigation Monitoring and Reporting Program, Findings of
Fact/Statement of Overriding Considerations
Pursuant to CEQA Guidelines Section 15097, ESA will prepare a comprehensive Mitigation Monitoring Reporting
Program (MMRP) in compliance with State CEQA Guidelines Section 15097. The MMRP will contain all mitigation
measures identified in the Draft EIR, as well as any text changes that are identified in the Final EIR, and it will provide
columns for necessary actions, timing, and parties responsible for verification. The Draft MMRP will be provided with
the draft Response to Comments/Errata submittal and the Final MMRP will be provided with the submittal of the
Final EIR. The Draft and Final MMRP will be provided in an electronic version, including all exhibits and graphics, in a
web -supportable format.
According to State CEQA Guidelines Section 15og1, the lead agency must adopt findings for each of those significant
effects identified in the EIR. The effects that were determined to be less than significant and no impacts will not be
addressed. Accordingly, ESA will prepare the Findings of Fact necessary to allow for certification of the EIR. This task
assumes one round of review/City comment on the Draft Findings of Fact. If the project results in a significant and
unavoidable impact, ESA will prepare a Statement of Overriding Considerations that includes an outline of the
project's economic, legal, social, technological, or other benefits that outweigh its environmental consequences if
the decision makers elect to override significant and unavoidable adverse impacts and proceed with approval of the
project. As such, ESA will prepare the Statement of Overriding Considerations with input from City staff regarding
the benefits of the project. This task assumes one round of review/City comment on the Draft Statement of
Overriding Considerations.
A draft version of the Findings of Fact (including the Statement of Overriding Considerations, if necessary) will be
submitted with the draft Response to Comments. The final version of the Findings of Fact (including the Statement
of Overriding Considerations) will be provided with the Final EIR. Both the draft and final versions will be submitted in
a digital version including all exhibits and graphics, in a web -supportable format.
Deliverables:
> Submit one electronic copy of the Draft MMRP in PDF format.
> Submit one electronic copy of the Final MMRP in PDF format.
> Submit one electronic copy of the Draft Findings of Fact/Overriding Considerations in PDF format.
> Submit one electronic copy of the Final Draft Findings of Fact/Overriding Considerations in PDF format.
Task 12: Final EIR
Prior to the public hearings, ESA will prepare the Final EIR that will include the Draft EIR, Responses to
Comments/Errata, and Mitigation Monitoring and Reporting Program (MMRP) with technical appendices in an
electronic format delivered on CD or other suitable media.
Deliverables:
Ten hard copies of the Final EIR
Twenty-five copies of the Final EIR on CD
Task 13: Final Product
After certification of the Final EIR, ESA will produce a Final Product that will include one copy of the notices, Initial
Study/NOP, Final EIR, Findings of Fact in Word format and appendices in an electronic format delivered on CD or
other suitable media.
November 1, 2018 City of Newport Beach / Newport Dunes Resort Hotel EIR B-13
environmental science associates
B I METHODOLOGY
Deliverables:
> NOD Posting at the County Recorder
> One copy of the Notices, Initial Study/NOP, Final EIR and Findings of Fact in Word format and appendices in
an electronic format delivered on CD or other suitable media.
Task 14: Staff/Applicant Meetings
The ESA Project Manager and Deputy Project Manager will attend up to six project meetings with City staff and the
applicant to discuss project issues and analysis. A meeting agenda will be provided at least two days prior to each
meeting and meeting minutes will be provided within two days following each meeting. In addition to the six project
meetings, ESA will attend the project scoping meeting which identified in Task 4 above.
Deliverables:
> Attend up to six project meetings with City staff and applicant by the ESA Project Manager and Deputy
Project Manager.
> Submit one electronic copy of the meeting agenda and meeting minutes for each project meeting.
Task 15: Public Hearing Meetings
The ESA Project Manager will attend up to four public hearing meetings and will be prepared to make presentations
and/or participate in an advisory capacity during these meetings. ESA will also be available to respond to questions
during the meetings.
Deliverables:
> Attend up to four public hearing meetings by the ESA Project Manager.
Task 16: Project Management
This task includes standard project management responsibilities, such as quality assurance, budget and schedule
controls, supervision of the ESA team, and communication/coordination with City staff. ESA will maintain frequent
communication with City staff to ensure issues and schedule are communicated throughout the environmental
process.
Deliverables:
> Provide project management throughout the environmental process.
Anticipated Work Schedule
ESA is prepared to begin the Newport Dunes Resort Hotel EIR and attend the project initiation meeting with City
staff and the project applicant immediately after receipt of an executed contract. The schedule below provides
schedule assumptions for the completion/submittal of the applicant's technical studies as well as the traffic report.
Our anticipated schedule for the completion of the Final EIR is approximately 12 months and then for the Planning
Commission to deliberate in January/February 202o and for the City Council to deliberate in February/March 2020.
Table 13-1 shows each task and its milestone date.
TABLE B-1: ENVIRONMENTAL DOCUMENTATION SCHEDULE
Executed Contract
December 11, 2o18
ESA Attends Project Initiation Meeting
December 13, 2oi8
City Submits Applicant's Technical Studies for CEQA Adequacy Review
December 18, 2o18
ESA Submits Project Description and EIR Outline
January 4, 2019
City Submits Traffic Data to Ganddini Group, Inc.
January 4, 2019
ESA Submits Draft IS/NOP to City for Review
January 18, 2019
ESA Provides CEQA Adequacy Review Letter of Applicant's Technical Reports to City
January 23, 2019
City Provides Comments on Draft IS/NOP
January 25, 2019
B-'14
esassoc,com
ESA
ESA Submits Final IS/NOP to City for Distribution Approval
February 1, 2019
City Provides Approval to Distribute Final IS/NOP
February 6, 2019
ESA Reproduces and Distributes Final IS/NOP
February 13, 2019
Final IS/NOP 30 -Day Public Review Period Begins
February14, 2019
Ganddini Group, Inc. Submits 1St Draft Traffic Study to City for Review
February 8, 2019
City Staff Reviews and Provides Comments on 15C Draft Traffic Study
February 22, 2019
ESA Attends/Conducts Scoping Meeting
March 5, 2019
Ganddini Group, Inc. Submits 2nd Draft Traffic Study to City for Review
March 15, 2019
Final IS/NOP 30 -Day Public Review Period Ends
March 18, 2019
Ganddini Group, Inc. Provides ESA with Roadway Segment ADT
March 20, 2019
City Staff Reviews and Provides Comments on 2nd Draft Traffic Study
March 22, 2019
Ganddini Group, Inc. Finalizes Draft Traffic Study for EIR Incorporation'
March 29, 2019
ESA Submits First Administrative Draft EIR to City for Review
May 20, 2019
City Provides Comments on First Administrative Draft EIR
June 10, 2019
ESA Submits Second Administrative Draft EIR to City for Review
June 26, 2019
City Provides Comments on Second Administrative Draft EIR
July 12, 2019
ESA Submits Pre -Print Draft EIR to City for Distribution Approval
July 26, 2029
City Provides Approval to Distribute Draft EIR
July 30, 2019
ESA Reproduces and Distributes Public Review Draft EIR
August 5, 2019
Draft EIR 45 -Day Public Review Period Begins
August 6, 2019
Draft EIR 4S -Day Public Review Period Ends
September 20, 2019
City Provides Comments Received on the Public Review Draft EIR
September 23, 2019
ESA Submits Draft Response to Comments/Errata Document, Draft Mitigation
October 21, 2019
Monitoring and Reporting Program (MMRP), and Draft Findings of Fact/Overriding
Considerations to City for Review
City Provides Comments on the Draft Response to Comments/Errata Document,
November 4, 2019
Draft Mitigation Monitoring and Reporting Program (MMRP), and Draft Findings of
Fact/Overriding Considerations
ESA Submits Final Response to Comments/Errata Document to City for Distribution
November 18, 2019
approval
City Provides Approval to Distribute the Final Response to Comments/Errata
December 4, 2019
ESA Reproduces and Distributes the Final Response to Comments/Errata
December 21, 2019
ESA Submits Final EIR (includes MMRP and Findings/Overriding Considerations)
December 20, 2019
Planning Commission Hearings
January/February 2020
City Council Hearings
February/March 2020
ESA Submits Notice of Determination to County Recorder
March 2020
ESA Submits Final Product
March 2020
'Assumes that the Traffic Report will be reviewed and approved by the City Traffic Engineer prior to ESA incorporating the traffic study
into the EIR.
November 1, 2018 City of Newport Beach / Newport Dunes Resort Hotel EIR B-15
environmental science associates
EXHIBIT B
SCHEDULE OF BILLING RATES
Environmental Science Associates Page B-1
TABLE s: COSTS BY TASK AND DIRECT EXPENSES
esassoc.com
Task 1: Project Initiation
$1,640
Task 2: Project Description and EIR Outline
6,650
Task 3: Initial Study and Notice of Preparation
6,580
Task 4: Scoping Meeting
2,680
Task 5: Technical Evaluation/Studies
28,070
Task 6: First Administrative Draft EIR
81,985
Task 7: Second Administrative Draft EIR
10,510
Task 8: Pre -Print Draft EIR
6,240
Task 9: Public Review Draft EIR
1,690
Task 10: Response to Comments/Errata
20,150
Task 11: MMRP and Findings/Statement of Overriding
7,080
Considerations
Task 12: Final EIR
2,240
Task 13: Final Product
1,520
Task 14: Staff/Applicant Meetings
7,380
Task 15: Public Hearing Meetings
8,200
Task 16: Project Management
12,040
Total Labor Costs
$204,655
Direct Costs/Expenses
Printing/Reproduction
$6,745
Postage/Deliveries
2,370
Mileage
120
Noise Monitor
80
Publish NOA in Local Newspaper (Orange County Register/LA Times)
800
NOD Posting with County Clerk
3,218
Fee on Reimbursable Expense (15 Percent)
2,000
Total Direct Costs
$15,333
Ganddini Group, Inc.
$35750
Administrative Fee (15 Percent)
5,362
Total Subconsultant Costs
$41,112
esassoc.com
lu
i
v
Table 3: Expense Proposal
Cost Proposal: ESA Non -Labor Expenses Summary
Reimbursable Expenses
Project Supplies $ _
Printing/Reproduction/Miscellaneous Copying $ 6,745
Document and Map Reproductions (CD + Digital Photo) $ _
Postage and Deliveries $ 2,370
Mileage $ 120
Vehicle Rental $ _
Lodging $ _
Airfare T _
Other Travel Related
Noise Monitor
$
80
Publish NOA in Local Newspaper (Orange County Register or LA Times)
$
800
NOD Posting with County Clerk
$
3,218 C
Subtotal Reimbursable Expenses
$
13,333
15% Fee on Reimbursable Expenses
$
2,000
Total Reimbursable Expenses
$
15,333
H:U:\Proposals\P18xxxx\SoCal\Pl80261.00 - City of Newport Beach Dunes Resort Hotel\00 Working Files\Revised Proposal 2018-06-08\Compensation
Proposal 2018-06-11\Newport Dunes Resort Hotel Cost Estimate 2018 -06 -11 -Expense Summary (DO NOT EDIT)
Table 4: Subconsultant Costs
Traffic Stud Ganddini Group, Inc.
Cost
Traffic Impact Analysis
$32,500
Optional Gate Stacking Analysis
800
Response to Comments
1,200
Meeting Attendance
1,250
Subtotal Subconsultant Cost
$35,750
Administrative Cost 15 Percent
5,362
Total Subconsultant Cost
$41,112
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 and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Environmental Science Associates Page C-1
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
and employees 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
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Environmental Science Associates Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
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.
Environmental Science Associates Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received:
12/5/18 Dept./Contact Received From:
Brittany
Date Completed:
12/5/18 Sent to: Brittany By:
Jan
Company/Person required
to have certificate: Environmental Science Associates
® Yes
Type of contract:
Other
I. GENERAL
LIABILITY
$1,000,000
EFFECTIVE/EXPIRATION DATE: 12/1/18 — 12/1/19
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
A.
INSURANCE COMPANY: RLI Insurance Company
(What is limits provided?)
N/A
B.
AM BEST RATING (A-: VII or greater): A+ / XI
F. ADDITIONAL INSURED WORDING:
❑ N/A
C.
ADMITTED Company (Must be California Admitted):
G. PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$2M/$4M
❑ N/A
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
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/1/18 — 12/1/19
A. INSURANCE COMPANY: RLI Insurance Company
B. AM BEST RATING (A-: VII or greater) A+ / XI
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, $21M 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
® Yes
❑ No
H HIRED AND NON -OWNED AUTO ONLY:
® N/A
❑ Yes
❑ No
I. NOTICE OF CANCELLATION:
❑ N/A
® Yes
❑ No
III
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 12/1/18 — 12/1/19
A. INSURANCE COMPANY: RLI Insurance Company
B. AM BEST RATING (A-: VII or greater): A+ / XI
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H NOTICE OF CANCELLATION:
® Yes ❑ No
® Yes ❑ No
$1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
W. PROFESSIONAL LIABILITY 12/1/18 — 12/1/19 GREENWICH INSURANCE COMPANY
Rated: A/XV, Admitted Limits: $5M ❑ 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?
A
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
12/5/18
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:
Approved:
Risk Management
* Subject to the terms of the contract.
Date