HomeMy WebLinkAboutC-4163 - PSA for Newport Banning Ranchf j
AMENDMENT NO. 3
TO
PROFESSIONAL SERVICES AGREEMENT WITH
BON TERRA CONSULTING
FOR NEWPORT BANNING RANCH
THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 5j- day of August, 2010, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY "), and Bon Terra Consulting, a
LLC, whose address is 151 Kalmus Drive, Suite E -200, Costa Mesa, California 92626
( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On March 20, 2009, City and Consultant entered into a Professional Services
Agreement, hereinafter referred to as "AGREEMENT," for environmental services
for the Newport Banning Ranch, hereinafter referred to as "Project."
B. On July 14, 2009, City and Consultant entered into AMENDMENT NO. 1 to
reflect additional services not included in the AGREEMENT.
C. On January 12, 2010, City and Consultant entered into AMENDMENT NO. 2 to
reflect additional services not included in the AGREEMENT.
D. City desires to enter into this AMENDMENT NO. 3 to reflect additional services
not included in the AGREEMENT or prior amendments, to extend the term of the
AGREEMENT to February 28, 2011, and to increase the total compensation.
E. City and Consultant mutually desire to amend the AGREEMENT, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
Section 1 of the AGREEMENT shall be amended hereby and the following is
substituted in its entirety.
The term of the AGREEMENT shall terminate on February 28, 2011, unless
terminated earlier as provided for in the AGREEMENT.
2. SERVICES TO BE PERFORMED
Section 2 of the AGREEMENT shall be amended hereby and the following is
substituted in its entirety.
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NOS. 1 and 2, CONSULTANT shall diligently perform all the
services described in AMENDMENT NO. 3 including, but not limited to, all work
set forth in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference. The City may elect to delete certain tasks of the Scope of
Services at its sole discretion.
3. COMPENSATION
The introductory paragraph of Section 4 of the AGREEMENT shall be amended
hereby and the following is substituted in its entirety.
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One
Million, Eight Hundred Forty -Two Thousand, Seventy -Four and 58/100
Dollars ($1,842,074.58) without prior written authorization from City. The
amended compensation reflects Consultant's additional compensation for
additional services to be performed in accordance with this AMENDMENT NO. 3,
including all reimbursable items and subconsultant fees, in an amount not to
exceed Three Hundred Seventy -Five Thousand, Nine Hundred Ninety -Seven
and 38/100 Dollars ($375,997.38), without prior written authorization from City.
No billing rate changes shall be made during the term of the AGREEMENT
without prior written approval of City.
Subsection 4.4 of the AGREEMENT shall be amended hereby and the following
is substituted in its entirety.
Notwithstanding any other provision of this AGREEMENT, City shall
withhold ten percent (10 %) of each monthly payment until City has
accepted the final work under this Agreement.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
2
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
LA -1 luo
V1
Leonie Mulvihill
Assistant City Attorney
ATTEST:
By: �Zn�
/
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Davi A. Kiff
City Manager
CONSULTANT:
BONTERRA CONSULTING
B�
(Corporate Officer)
Print Name:
Attachment: Exhibit A — Scope of Services
3
Exhibit "A"
SCOPE OF SERVICES
Consultant shall perform the following Additional Services in support of the Project EIR:
Document Preparation
1. Review all EIR sections and revise as necessary to provide construction -level
analysis to include lofting tract map as part of Project.
2. Revise Project Description section to reflect changes to Project, regulatory
documents (PC Text and Master Development Plan), tentative tract map and
Project Design Features.
3. Reorganize policy analysis to appear with each EIR section instead of
consolidated in Land Use section.
4. Provide additional revisions to EIR sections in response to multiple City reviews.
5. Update previously drafted EIR sections to ensure they include correct Project
Design Features, cumulative projects lists, changes in regulations, etc.
Water Qualitv
1. Conduct additional research and analysis, and confer with City's outside counsel,
to comply with new State mandates.
Biological Resources
1. Revise all biological resources and regulatory impacts maps and calculations,
and rewrite technical report, based on revised and corrected information on limits
of disturbance.
Traffic Study
1. Analyze a new project alternative that includes a second connection to Coast
Highway as shown in the County MPAH, as requested by Orange County
Transportation Authority (OCTA). This analysis includes an additional model run.
2. Coordination by the traffic consultant with the applicant and City staff.
Cultural Resources
1. Expanded work effort for the site investigation because no mechanical equipment
could be used.
2. Additional analysis, cataloguing and resource preparation for archiving extensive
resources that were found during the subsurface investigation. Carbon dating for
the resources.
Air Qualitv
1. Re -run air quality model with corrected Project implementation schedule, and
revise technical report and EIR section accordingly.
M
Visual Simulations
1. Revise view simulations as part of the EIR aesthetics analysis to reflect
modifications to the architecture, landscaping, and level of detail.
Alternatives
1. Coordination on the alternatives required in the EIR.
2. Prepare quantitative noise analysis for the worst case traffic scenario.
Proiect Management
1. Coordinate information and resolution of issues with City staff, consultants
and applicant.
2. Participate in weekly project management meetings to coordinate workflow,
manage schedule and resolve issues.
y
u
C 0 N S U f T I N G
An Environmental PlanninglResource Management Corporation
Requested Augment
Traffic & Parking: Kimley-Horn $ 15,500.00
Traffic Modeling: Urban Crossroads $ 3,300.00
Visual Simulations: VisionScape Imagery $ 4,900.00
Subconsultant Admin. $ 2,370.00
Total Subconsultant Fees 26,070.00
Task
Employee
Hours
Rate
Subtotal
Augment Request
Draft EIR
K. Brady
24.0
$
205.00
$
4,920.00
36,408.90
D. Privitt
36.0
$
180.00
$
6,480-00
A. Johnston
24.0
$
180.00
$
4,320.00
J. Kurtz
9.0
$
195.00
$
1,755.00
F. Sotelo
9.0
$
125.00
$
1,125.00
J. Cho
16.0
$
125.00
$
2,000.00
L. Robb
16.0
$
120.00
$
1,920.00
K. Quinn
9.0
$
95.00
$
855.00
M. Keith
16.0
$
85.00
$
1,360.00
GIS
24.0
$
90.00
$
2,160.00
Editing
40.0
$
80.00
$
3,200.00
Word Processing
40.0
$
70.00
$
2,800.00
Clerical
40.0
$
70.00
$
2,800.00
Administration
0.0
$
-
$
713.90
Biological Tech Report
A. Johnston
111.7
$
180.00
$
20,106.00
$ 45,514.44
D. Privitt
0.0
$
180.00
$
-
S. Leatherman
23.5
$
125.00
$
2,937.50
A. Oneal
0.0
$
125.00
$
-
S. Tennant
67.9
$
125.00
$
8,487.50
B. Daniels
6.0
$
125.00
$
750.00
L. Robb
0.0
$
120.00
$
-
M. Keith
0.0
$
85.00
$
-
A. Rudalevige
4.5
$
80.00
$
360.00
GIS
102.8
$
90.00
$
9,252.00
Editing
29.3
$
80.00
$
2,344.00
Word Processing
5.5
$
70.00
$
385.00
Clerical
0.0
$
70.00
$
-
Administration
0.0
$
-
$
892.44
Total Professional Fees
$ 332,677.38
Requested Augment
Traffic & Parking: Kimley-Horn $ 15,500.00
Traffic Modeling: Urban Crossroads $ 3,300.00
Visual Simulations: VisionScape Imagery $ 4,900.00
Subconsultant Admin. $ 2,370.00
Total Subconsultant Fees 26,070.00
Nag
C 0 N S U t T I N G
An Environmental Planning/Resource Management Corporation
P.
Task Employee Hours Rate Subtotal Augment Request
Item
Subtotal Requested
Mailings, Deliveries
$1,500.00
In-house Reproduction
$250.00
Document Reproduction
$15,000.00
Other Direct Costs
$500.00
Total Direct Fees
$17,250.00
ggglb V'P
TOTAL AUGMENT REQUEST $375,997.38
P.-1 of I ,
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT WITH
BON TERRA CONSULTING
FOR NEWPORT BANNING RANCH
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 12th day of January, 2010, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY "), and Bon Terra Consulting, a
LLC, whose address is 151 Kalmus Drive, Suite E -200, Costa Mesa, California 92626
( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On March 20, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for
environmental services for the Newport Banning Ranch, hereinafter referred to
as "PROJECT."
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated July 14, 2009.
C. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services
not included in the AGREEMENT, or prior amendments, to increase the total
compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 2," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. 1, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. 2 including, but not limited to, all work set forth
in the Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One
Million Four Hundred Sixty Six Thousand Seventy Seven Dollars and
no /100 ($1,466,077.20) without prior written authorization from City,
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. 2, including all reimbursable items and
subconsultant fees, in an amount not to exceed Sixty Nine Thousand
Three Hundred Seventy Seven Dollars and no /100 ($69,377.00), without
prior written authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
;. 2
,G
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
B� A�� I l
Assistant City Attorney
ATTEST:
By: kLft P.
Leilani I. Brown,
City Clerk
;,N
"ALi FOn
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
City Manager
CONSULTANT:
BON TERRA CONSULTING
(GeFPeFatt8_Offi ce r
04 Title: llra�h1/eefi .31Z�6
(-9
Print Name: 1:5 'Kf e4�
By: jo /J�)
(Financial nfficPrl I
Title:
Print
Attachments: Exhibit A — Additional Services to be Performed
3
Exhibit "A"
SCOPE OF SERVICES
Consultant shall perform the following Additional Services in support of the project EIR:
Traffic Study
1. Develop average daily traffic (ADT) forecasts for all study scenarios for all
roadway segments in the study area.
2. Revise intersection analysis and ADT forecasts to reflect the applicant project
revisions submitted to the City in November 2009.
3. Update traffic report to incorporate the revised forecasts and Level of Service
results.
4. Prepare a "Special Issues" discussion to address daily traffic volume forecasts
and project impact in the Southwest Costa Mesa area.
5. Conduct freeway mainline analysis for all study scenarios through Year 2015
Cumulative.
6. Conduct analysis of alternative lane configurations for the main project entry at
West Coast Highway.
7. Evaluate applicant's November 2009 revised project land use proposal with
respect to impacts on up to 8 intersections. Forecast volumes will be reviewed
with respect to flow conservation to and from adjacent intersection forecast
volumes. Forecasts will also be compared across all project alternative scenarios
and to previous analysis reasonableness.
8. Conduct Intersection Capacity Utilization (ICU) analysis for the 8 study
intersections.
9. Identify daily traffic volumes for study area roadways.
10. Attendance of traffic consultant at 15 additional technical meetings and 8
additional team meetings.
Visual Simulations
1. Prepare alternative view simulations as part of the EIR aesthetics analysis for
three additional project views including:
• Alternative locations for the resort hotel and residential land use
• Proposed alternative location for pedestrian bridge over West Coast Highway
• Alternative views of project roadway intersection at 19th Street.
Air Toxic Health Risk Assessment
1. Prepare Revised Toxic Air Contaminant (TAC) Emission Inventories
TAC emission inventories will be revised to address comments received from the
City and applicant review of the second Draft HRA memorandum. Key changes will
include the addition of a tractor mower to the existing oilfield fleet of equipment
based on applicant input, incorporation of the applicant proposed revised number of
CI
I
dwelling units in specific portions of the project area, and subsequent incorporation
of revised traffic analysis project trip rates per the traffic study.
2. Conduct Air Dispersion Modeling of Revised TAC Emissions
Using the revised TAC emissions developed in 1, the dispersion of TACs will be
analyzed using AERMOD, as described in the modeling protocol, to estimate annual
average ground level concentrations. Pollutant concentration or health risk contour
plots (isopleths) will not be developed as part of this task.
3. Conduct Human Health Risk Assessment of Revised TAC Concentrations
Using the revised TAC concentrations developed in Task 2, the potential incremental
chronic cancer risks and non - cancer hazards associated with the proposed project
future scenario will be evaluated for the set of critical receptors developed under the
original scope of work, dated May 29, 2009. Health risk isopleths currently are not
included in this scope.
4. Incorporate Revisions into Documentation
The revised findings of the Air Toxic Health Risk Assessment will be incorporated
into a third Draft Health Risk Assessment technical memorandum for incorporation
into the Draft EIR.
5
An Environmental Planning /Resource Management Corporation
AUGMENT REQUEST
Sharon Wood
Assistant City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
cc: Patrick Alford, City of Newport Beach
Debby Linn, City of Newport Beach
Project: Newport Banning Ranch EIR, City of Newport Beach, CA
Date: Dec. 17, 2009
Client Code: Newport
Project Code: J015 -DCP
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Consultant
Original Budget
Requested
Total
Augment
�ft i¢6 xi #'t'fwm-
7,,E.dF'�^s`.�Y.p.,.. y" ¢Y'
+,, ,;sa'r'i' t x s
SUBCONSULTANTITECHNICAL REPORTS
Traffic & Parking: Kimley -Horn
$216,044.00
$48,700.00
$264,744.00
Traffic Modeling: Urban Crossroads
$89,000.00
$4,900.00
$93,900.00
Visual Simulations: VisionScape
Imagery
$27,000.00
$2,350.00
$29,350.00
Health Risk Assessment: CDM
$67,100.00
$9,500.00
$76,600.00
Subconsultant Admin.
$20,707.20
$3,927.00
$24,634.20
Total Sub. Fees
$419.851.20
$69.377.00
$489.228.20
Total Subconsultant Request
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151 Kemus Drive, Suite E -200, Costa Mesa, CA 92626
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CITY 6F NF_WP4'7�'T BF.AGM
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. io
January 12, 2010
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Sharon Wood, Assistant City Manager
949 - 644 -3222, swood @city.newport - beach.ca.us
SUBJECT: Amendments to Professional Services Agreements with Consulting
Firms Providing Services Related to Newport Banning Ranch
Development
APPLICANT: Newport Banning Ranch, LLC
RECOMMENDATION:
Receive and file.
DISCUSSION:
In accordance with Council Policy F -14 (Authority to Contract for Services), the City
Manager is required to provide notice of a permit application and a brief description of
the proposed project to the City Council when a contract for professional services is
paid for by funds in an applicant deposit account and the total cost for services exceeds
$100,000.
Newport Banning Ranch, LLC has filed an application for a Planned Community
Development Plan, Master Development Plan, Zoning Code Amendment, and Tentative
Tract Map to allow development of the Banning Ranch property as allowed in the
General Plan. The application also requires the approval of an amendment to the City's
General Plan Circulation Element and may require an amendment to the Orange
County Master Plan of Arterial Highways (MPAH). The proposed development would
include -up to 1,375 residential units, 75,000 square feet of commercial use, 75
overnight accommodations, approximately 52.3 acres of parks and approximately 251.6
acres of open space:
The City has entered into professional services agreements with various consultants to
provide planning, engineering, project management, and environmental services for the
Newport Banning Ranch project. As the project has - advanced, the City has identified
PSA with Consulting Firms for Newport Banning Ranch
January 12, 2010
Page 2
additional services, over and above the scope of services approved in the initial
consultants' agreements, which are required in order to complete certain aspects of the
project. Pending City Attorney review and approval, staff intends to execute
amendments to the agreements for the project consultants as follows. The
amendments are attached and the original agreements are available for review in the
Planning Department.
AECOM
The engineering firm of AECOM currently has an agreement with the City in an amount
not to exceed $28,500 for preparation of a water supply assessment report for the
Newport Banning Ranch project. Additional tasks have been identified in order to
complete the consultant report due to the need to include updated data on the City's
recent year's water demand, the City's updated Water Conservation Ordinance, and to
incorporate applicant proposed changes to the residential mix and on -site water
facilities plan of the project.
The amendment for the additional scope of work is for an amount not to exceed
$19,200.00 bringing the total contract to an amount not to exceed $47,700.00.
Bon Terra Consulting
BonTerra Consulting currently has an agreement and one amendment to the
professional services agreement with the City for preparation of a screencheck and
Draft EIR for the project. The current agreements include technical report preparation
by subconsultants for traffic, air toxics health risk assessment, and visual simulations of
the project in support of the EIR. Additional subconsultant tasks have been identified as
a result of modifications to the project proposed by the applicant, and ;the need for
additional technical and project team meetings not anticipated in the original scope of
work. Additional subconsultant tasks include additional traffic analysis due to an
applicant proposed change in the mix of residential land uses, additional visual
simulations due to modifications to the proposed project roadways and the applicant's
proposed alternative for a pedestrian bridge crossing West Coast Highway, and an
expanded air toxics and human health risk analysis in response to City and applicant
comments on the initial subconsultant work product.
The approved agreement and first amendment are for an amount not to exceed
$1,396,700.20. This does not include an amount for responses to comments on the
Draft EIR, as the level of effort is not known yet. The second amendment for the
additional subconsultant scope of work is for an amount not to exceed $69,377.00
bringing the total contract to an amount not to exceed $1,466,077.20. It should be
noted that this amendment is for subconsultants only, and staff also anticipates a
request from Bon Terra to amend their own scope of services to include the new
subconsultant analyses in the screencheck EIR sections that had already been started.
PSA with Consulting Firms toy Newport Banning Ranch
January 12, 2010
Page 3
Linn & Associates
Linn & Associates currently has an agreement to provide contract planning and project
management consulting services on an hourly "time and materials" basis in conjunction
with the processing of planning applications as requested by the City. Services
provided pursuant to the current agreement have included 1) application review, staff
analysis, staff report preparation, and public hearing presentations for various group
home applications and 2) application review, interdepartmental coordination, CEQA
documentation monitoring, project scheduling, and consultant team management for the
Newport Banning Ranch project. Additional project management and planning review
services have been identified in order to continue the processing of the Newport
Banning Ranch project, including but not limited to review and monitoring of on -going
revisions to project application documentation, review and monitoring of the
screencheck and Draft EIR, attendance at technical meetings and project team
meetings, coordination of project consultant work efforts, attendance at public meetings,
staff analysis and preparation of staff reports, attendance and presentation at public
hearings.
The approved agreement is for services to be provided on an hourly "time and
materials" basis rather than a "not to exceed" amount and a budget of $150,000 was
authorized. The amendment is for an additional scope of work to be provided on an
hourly "time and materials" basis for an authorized budget amount of $90,000 bringing
the total authorized budget amount to $240,000.00.
RBF Consulting
RBF Consulting currently has an agreement to provide traffic and engineering services
for the Newport Banning Ranch project which includes providing contract traffic
engineering and development review services, reviewing the work product of the project
traffic consultant preparing the EIR traffic report, reviewing transportation and circulation
issues associated with the project, reviewing and making recommendations on road
alignments, intersection configurations and street sections, coordinating and
participating with the OCTA on any potential amendments to the MPAH, preparing
analyses and reports as required, and monitoring schedules. Additional services have
been identified due to an expanded scope of services to provide technical support in the
review of issues related to the applicant's subdivision map application for the project
The approved agreement is for services to be provided on a "time and expenses" basis
in an amount not to exceed $100,000. The amendment for the additional scope of work
on a "time and expenses" basis is for an amount not to exceed $85,000 bringing the
total contract to an amount not to exceed $185,000.00.
PSA with Consulting Firms for Newport Banning Ranch
January 12, 2010
Page 4
Environmental Review:
Retention of consultants is not a projected as defined by CEQA.
Funding Availability:
The entire cost of these consulting services will be reimbursed to the City by the
applicant, Newport Banning Ranch, LLC.
Submitted by:
Sharon Wood
Assistant City Manager
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH
AECOM USA Inc.
FOR NEWPORT BANNING RANCH
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 12th day of January, 2010, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY "), and AECOM USA, Inc., a
California Corporation whose address is 7807 Convoy Court Suite 200, San Diego,
California 92111 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On March 17, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for engineering
services for the Newport Banning Ranch, hereinafter referred to as "PROJECT."
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT, to extend the term of the AGREEMENT and to
increase the total compensation.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of the AGREEMENT shall be extended to December 31, 2010.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
excluding all reimbursable items and all subconsultant fees, shall not exceed
Forty Thousand Sev en Hundred Dollars and no /100 ($47,700.00) without
prior written authorization from City,
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. 1, excluding all reimbursable items and all
subconsultant fees, in an amount not to exceed Nineteen Thousand Two
Hundred Dollars and no /100 ($19,200.00), without prior written
authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
E
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Assistant City Attorney
ATTEST:
By:
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
City Manager
CONSULTANT: AECOM USA Inc.
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Print Name:
Attachments: Exhibit A — Additional Services to be Performed
3
Exhibit "A"
SCOPE OF SERVICES
Consultant will provide the following additional services
1. Prepare a Second Draft Water Supply Assessment Report incorporating the
following additional information:
• City of Newport Beach updated draft water conservation ordinance.
• City of Newport Beach yearly demand and supply records.
• Research results of recent publications regarding the statewide drought and the
ongoing efforts to mitigate imported supply losses.
• Research results of revised project unit demand factors.
• Meet with the City and collect comments.
2. Prepare a Third Draft Submittal Water Supply Assessment Report incorporating the
following additional data:
• City FY 08 -09 demand data.
• Revised land -use and unit counts for the project per the applicant's revised
project. Update demand projections and report figures.
• Revised site facility plans per applicant revised project.
• Final adopted water conservation ordinance.
• Narrative summary of LAFCO input regarding Mesa Consolidated Water
District.
• City annexation agreement / contracts with OCWD.
MWD's Bond Disclosure Statement.
3. Attend meeting with the City and collect comments.
4. Prepare a Final Water Supply Assessment Report based on staff and applicant
comments.
5. Attend City Council meeting and assist staff with any technical questions.
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT WITH
BON TERRA CONSULTING
FOR NEWPORT BANNING RANCH
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 12th day of January, 2010, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY "), and Bon Terra Consulting, a
LLC, whose address is 151 Kalmus Drive, Suite E -200, Costa Mesa, California 92626
( "CONSULTANT'), and is made with reference to the following:
RECITALS:
A. On March 20, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for
environmental services for the Newport Banning Ranch, hereinafter referred to
as "PROJECT."
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, the latest dated July 14, 2009.
C. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services
not included in the AGREEMENT, or prior amendments, to increase the total
compensation.
D. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 2," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. 1, CONSULTANT shall diligently perform all the services
described in AMENDMENT NO. 2 including, but not limited to, all work set forth
in the Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One
Million Four Hundred Sixty Six Thousand Seventy Seven Dollars and
no /100 ($1,466,077.20) without prior written authorization from City,
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. 2, including all reimbursable items and
subconsultant fees, in an amount not to exceed Sixty Nine Thousand
Three Hundred Seventy Seven Dollars and no /100 ($69,377.00), without
prior written authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
2
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2
on the date first above written.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF THE CITY ATTORNEY A Municipal Corporation
By: By:
Assistant City Attorney City Manager
ATTEST: CONSULTANT:
BON TERRA CONSULTING
By: By:
Leilani I. Brown, (Corporate Officer)
City Clerk
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Additional Services to be Performed
3
Exhibit "A"
SCOPE OF SERVICES
Consultant shall perform the following Additional Services in support of the project EIR:
Traffic Study
1. Develop average daily traffic (ADT) forecasts for all study scenarios for all
roadway segments in the study area.
2. Revise intersection analysis and ADT forecasts to reflect the applicant project
revisions submitted to the City in November 2009.
3. Update traffic report to incorporate the revised forecasts and Level of Service
results.
4. Prepare a "Special Issues" discussion to address daily traffic volume forecasts
and project impact in the Southwest Costa Mesa area.
5. Conduct freeway mainline analysis for all study scenarios through Year 2015
Cumulative.
6. Conduct analysis of alternative lane configurations for the main project entry at
West Coast Highway.
7. Evaluate applicant's November 2009 revised project land use proposal with
respect to impacts on up to 8 intersections. Forecast volumes will be reviewed
with respect to flow conservation to and from adjacent intersection forecast
volumes. Forecasts will also be compared across all project alternative scenarios
and to previous analysis reasonableness.
8. Conduct Intersection Capacity Utilization (ICU) analysis for the 8 study
intersections.
9. Identify daily traffic volumes for study area roadways.
10. Attendance of traffic consultant at 15 additional technical meetings and 8
additional team meetings.
Visual Simulations
1. Prepare alternative view simulations as part of the EIR aesthetics analysis for
three additional project views including:
• Alternative locations for the resort hotel and residential land use
• Proposed alternative location for pedestrian bridge over West Coast Highway
• Alternative views of project roadway intersection at 19th Street.
Air Toxic Health Risk Assessment
1. Prepare Revised Toxic Air Contaminant (TAC) Emission Inventories
TAC emission inventories will be revised to address comments received from the
City and applicant review of the second Draft HRA memorandum. Key changes will
include the addition of a tractor mower to the existing oilfield fleet of equipment
based on applicant input, incorporation of the applicant proposed revised number of
dwelling units in specific portions of the project area, and subsequent incorporation
of revised traffic analysis project trip rates per the traffic study.
12
2. Conduct Air Dispersion Modeling of Revised TAC Emissions
Using the revised TAC emissions developed in 1, the dispersion of TACs will be
analyzed using AERMOD, as described in the modeling protocol, to estimate annual
average ground level concentrations. Pollutant concentration or health risk contour
plots (isopleths) will not be developed as part of this task.
3. Conduct Human Health Risk Assessment of Revised TAC Concentrations
Using the revised TAC concentrations developed in Task 2, the potential incremental
chronic cancer risks and non - cancer hazards associated with the proposed project
future scenario will be evaluated for the set of critical receptors developed under the
original scope of work, dated May 29, 2009. Health risk isopleths currently are not
included in this scope.
4. Incorporate Revisions into Documentation
The revised findings of the Air Toxic Health Risk Assessment will be incorporated
into a third Draft Health Risk Assessment technical memorandum for incorporation
into the Draft EIR.
4T
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH
DEBORAH LINN d.b.a. LINN & ASSOCIATES
FOR NEWPORT BANNING RANCH
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 12th day of January, 2010, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY"), and Deborah Linn doing
business as Linn & Associates, whose address is 826 Molino Avenue, Long Beach,
California 90804 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On April 21, 2008, CITY and CONSULTANT entered into a Professional Services
Agreement, hereinafter referred to as "AGREEMENT," for engineering services
for the Newport Banning Ranch, hereinafter referred to as "PROJECT."
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT, to extend the term of the AGREEMENT and to
increase the total compensation.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to December 31, 2010.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached to the AGREEMENT. Consultant's total amended compensation for all
work performed in accordance with this Agreement, shall not exceed Two
Hundred Forty Thousand Dollars and no /100 ($240,000.00) without prior
written authorization from City,
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. 1, including all reimbursable items and all
subconsultant fees, in an amount not to exceed Eighty Five Thousand
Dollars and no /100 ($90,000.00), without prior written authorization from
City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
2
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Assistant City Attorney
ATTEST:
By:
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
City Manager
CONSULTANT: LINN & ASSOCIATES
By:
(Corporate Officer)
Title:
Print Name:
(Financial Officer)
Title:
Print Name:
Attachments: ExhibitA — Additional Services to be Performed
3
Exhibit "A"
SCOPE OF SERVICES
Consultant will provide the following additional services:
Additional project management and planning review services provided to the City
of Newport Beach in conjunction with the processing of the Newport Banning
Ranch development including but not limited to the following tasks:
1. On -going review of revisions to project application materials.
2. Review of Screencheck and Draft EIR.
3. Preparation of project schedules and memorandae.
4. Coordination of and attendance at bi- weekly project team meetings.
5. Monitor and coordinate work effort of City consultant team.
6. Attend project technical meetings with City's and applicant's consultant
team.
7. Review and comment on project documentation provided by applicant and
EIR consultant.
8. On -going coordination with City Planning Department and City Manager's
Office on document review, resolution of issues, and project schedule
monitoring.
9. Attend community meetings and public workshops as requested.
10. Preparation of staff reports for Planning Commission and City Council.
11. Attendance at public hearings and presentation of reports to public bodies.
2
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING
FOR NEWPORT BANNING RANCH
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this 12th day of January, 2010, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation ( "CITY "), and RBF Consulting, whose
address is 14725 Alton Parkway, Irvine, California 92618 -2027, P.O. Box 57057, Irvine,
California 92619 -7057 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On June 17, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT," for traffic
engineering and development review services for the Newport Banning Ranch,
hereinafter referred to as "PROJECT."
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT, to extend the term of the AGREEMENT and to
increase the total compensation.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1," as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the AGREEMENT shall be extended to December 31, 2010.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all the services described in
AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's total amended
compensation for all work performed in accordance with this Agreement,
excluding all reimbursable items but including all subconsultant fees, shall not
exceed One Hundred Thousand Eighty Five Dollars and no /100 ($185,000)
without prior written authorization from City,
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this AMENDMENT NO. 1, excluding all reimbursable items but including
all subconsultant fees, in an amount not to exceed Eighty Five Thousand
Dollars and no /100 ($85,000.00), without prior written authorization from
City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
2
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Assistant City Attorney
ATTEST:
By:
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
City Manager
CONSULTANT: RBF CONSULTING
M
(Corporate Officer)
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Additional Services to be Performed
3
Exhibit "A"
SCOPE OF SERVICES
Consultant will provide the following additional services:
Consultant will provide additional contract traffic engineering and development
review services to the City of Newport Beach in conjunction with processing of
the Newport Banning Ranch development. Mike Erickson will function on behalf
of the City Public Works Department during the review of the development
subdivision map application, coordinating the preparation of the traffic report in
support of the Newport Banning Ranch EIR, reviewing the work product of the
project traffic consultant, reviewing transportation and circulation issues
associated with the project, reviewing and making recommendations on road
alignments, intersection configurations and street sections, coordinating with
OCTA during the processing of the project by the City and on any required
cooperative MPAH study, preparing analyses and reports as required, monitoring
schedules and taking actions as are necessary and appropriate to ensure that
City- required reviews and actions take place in a timely manner.
a
, ..
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING
FOR NEWPORT BANNING RANCH
THIS AMENDM�E��N�T,•NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this r� ,.� day of July, 2009, by and between the CITY OF NEWPORT
BEACH, a Municipal Corporation_ __( "CITY"), and BON-TERRA CONSULTING, art L,LC,
whose address is 151 Kalmus Drive, Suite E -200, Costa Mesa, 14
California, 62626 ( "CONSULTANT'), and is made with reference to the following: v `
RECITALS:
A. On March 20, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "AGREEMENT", for
environmental services for the Newport Banning Ranch, hereinafter referred to
as "PROJECT ".
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1 ", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
In addition to the services to be provided pursuant to the AGREEMENT,
CONSULTANT shall diligently perform all work set forth in the Scope of Services
attached hereto as Exhibit A and incorporated herein by reference. The City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
2. City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 1, including all
reimbursable items and subconsultant fees, shall not exceed One Million,
Ninety -Seven Thousand, Two Hundred Six and 201100 dollars
($1,097,206.20) without prior written authorization from City.
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
IF WX I WA -7
City Attorney
ATTEST:
By. 44��"'
Leilani Brown,
City Clerk
Attachment: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor ez l
CONSULTANT:
(Corporate Officer)
Title: on� D
Print Name: Ch fI S'�X'--"
n
I//
Newport Banning Ranch EIR
Scone of Services
ATTACHMENT A
SCOPE OF WORK
BONTERRA CONSULTING PROJECT TEAM
Founded in 1996, BonTerra Consulting is a certified woman -owned small business that
provides environmental planning, natural resources management, habitat restoration, cultural
resources management, and air quality and noise analyses services to public and private -
sector clients throughout Southern and Central California. The 8 principals of the firm have
over 190 years of collective, hands -on experience in environmental planning, impact
assessment, natural resources management, biological surveys, and city and regional planning
studies for agencies and private - sector clients.
Project experience includes: large master planned communities; urban infill projects, including
office complexes, mixed -use employment and retail business parks, aerospace conversions,
commercial /retail centers; parks, golf courses, and recreational facilities; entertainment theme
parks; wastewater and water supply facilities; infrastructure systems such as transportation
corridors, highways and bridges, airports, transmission lines, landfills, and material recovery
facilities; and coastal and wetland mitigation.
BonTerra Consulting works regularly with technical consultants on a variety of projects. From
this experience, we know which firms consistently produce high quality work products within
project schedule constraints and established budgets. BonTerra Consulting has very high
standards for quality service and documentation and as such, does not continue to work with
consultants who do not meet the project needs and /or the needs of its clients. The members of
the BonTerra Consulting Project Team Members have been selected based upon their previous
work experience on other relevant projects including projects in the City of Newport Beach and
their ability to meet BonTerra Consulting's quality and service requirements. The BonTerra
Consulting Project Team for the Newport Banning Ranch Project consists of senior
environmental planning and engineering professionals who are familiar with the area. These
individuals and firms bring their own unique talents and expertise to the project team.
Firms included on the BonTerra Consulting Project Team and their respective project roles are
as follows:
BonTerra Consulting: Project Management; CEQA Documentation; Biological Resources;
Regulatory Compliance; Cultural Resources; Air Quality; Climate Change; Noise
Kimley Horn and Associates, Inc.: Traffic, Circulation, and Parking
Urban Crossroads: Traffic Modeling
CDM: Health Risk Assessment
VisionScape Imagery: Visual Simulations
SCOPE OF ENVIRONMENTAL SERVICES
BonTerra Consulting has prepared the following Scope of Work to prepare an environmental
impact report (EIR) and to complete the tasks associated with the Newport Banning Ranch
Project. This Scope of Work includes: Technical Report Preparation and Review; Environmental
Documentation; Project Management; and Meetings and Hearing. Preparation of Responses to
BonTerra Consulting
Newport Banning Ranch EIR
Scope of Services
Comments, the Mitigation Monitoring Report, and Findings will be provided as a separate scope
of work.
TASK 1 TECHNICAL REPORT PREPARATION AND REVIEW
Task 1.1 Traffic Study
As a subconsultant to BonTerra Consulting, Kimley -Hom and Associates, Inc. (Kimley -Horn) will
prepare a traffic study for the proposed project. Urban Crossroads will be responsible for the
traffic modeling of intersections for land use and circulation scenarios. The traffic analysis will
include both a short-range and long -range analysis of the proposed project addressing the
City's Traffic Phasing Ordinance (TPO) and CEQA requirements. Preparation of the traffic study
will include the following tasks by Kimley -Horn:
Information/Data Gathering and Project Initiation
• Using information prepared by the Project Team and Applicant, Kimley -Hom will prepare
a traffic study project description including uses, quantities, capacity, project entry and
exits, site parking, and any other site features that will affect traffic to /from the site.
• Conduct field observations of the project site and the study intersections.
• Conduct AM and PM peak hour traffic counts at the study intersections in the cities of
Newport Beach, Huntington Beach, and Costa Mesa.
• Develop project trip generation estimates for the project using the Institute of
Transportation Engineers (ITE) Trip Generation publication (8t' Edition). The trip
generation estimates will include the appropriate trip reductions for on -site trip interaction
between the residential and commercial components of the project.
• Develop trip distribution assumptions for the project traffic, based on select zone runs of
the Newport Beach Traffic Model (NBTM) and likely origins and destinations of project
residents, patrons, and employees.
• Project trip generation and trip distribution assumptions and analysis methodology will
be presented to City staff for review and concurrence prior to proceeding with the
analysis phase of the study.
• Distribute project traffic through the study intersections; identify the project traffic
contribution to each intersection,
Analysis
Intersection analysis will be conducted using the intersection capacity utilization (ICU)
methodology for all study intersections consistent with the City of Newport Beach TPO
requirements. For intersections on a State Highway which are under the jurisdiction of
Caltrans, the intersection analysis will also be conducted using the Highway Capacity
Manual (HCM) methodology as required by the Caltrans Guide for the Preparation of
Traffic Impact Studies.
• The intersection analysis will address the analysis requirements for the TPO, CEQA, and
General Plan Buildout.
Bon Terra Consulting Page 2
Newport Banning Ranch EIR
Scope of Services
• Obtain Committed Project information including project trip generation and distribution
from the City. Where necessary, develop trip distribution and assignment assumptions
for each Committed. Project through the study intersections.
• Apply regional growth factors to appropriate roadways as specified on the City of
Newport Beach Regional Traffic Annual Growth Rate list. Growth will be compounded
annually to one year after Project completion.
• Conduct a preliminary analysis to determine the extent of the traffic study area, based on
the City of Newport Beach TPO 1% analysis and applicable environmental impact
criteria.
• Conduct intersection analysis and summarize operating conditions at the study
intersections for the following scenarios:
Existing Conditions
Year 2015 without Project — TPO Analysis
Year 2015 with Project — TPO Analysis
Year 2015 with Project with Bluff Road to 17th Street — TPO Analysis
Year 2015 with Phase 1 Project — TPO Analysis
Existing Plus Project — CEQA Analysis
Year 2015 without Project — CEQA Analysis
Year 2015 with Project — CEQA Analysis
Year 2015 with Project with Bluff Road to 17th Street — CEQA Analysis
Year 2015 with Phase 1 Project — CEQA Analysis
General Plan Buildout with Project with 19th Street Bridge
General Plan Buildout with Project without 19th Street Bridge
General Plan Buildout with Project and Full General Plan Circulation Network without
19th Street Bridge
General Plan Buildout with Project and Full General Plan Circulation Network with
19th Street Bridge
General Plan Buildout with Project with Bluff Road to 17th Street without 19"' Street
Bridge
General Plan Buildout with Project with Bluff Road to 17th Street with 19"' Street
Bridge
General Plan Buildout with Reduced Development Alternative without 19th Street
Bridge
General Plan Buildout with Reduced Development Alternative with 19'h Street Bridge
General Plan Buildout without Project Development without 19'h Street Bridge
General Plan Buildout without Project Development with 191h Street Bridge
BonTerra Consulting
Newport Banning Ranch EIR
Scope of Services
General Plan Buildout - Open Space Alternative with Bluff Road without 19'" Street
Bridge
General Plan Buildout - Open Space Alternative with Bluff Road with 19'" Street
Bridge
General Plan Buildout - Open Space Alternative without Bluff Road without 19'"
Street Bridge
General Plan Buildout - Open Space Alternative without Bluff Road with 19'" Street
Bridge
• Obtain cumulative project information from the cities of Newport Beach, Costa Mesa,
and Huntington Beach. Develop trip distribution and assignment assumptions for each
cumulative project through the study intersections and add Cumulative Project traffic
volumes to each study intersection.
• Obtain General Plan Buildout forecasts from the Newport Beach Traffic Model for each
of the Network and Land Use alternatives. Model runs and ICU worksheets will be
provided by Urban Crossroads.
• Conduct HCM analysis for the General Plan scenarios for each Caltrans intersection.
• Provide analysis and summary of the results of the General Plan Buildout conditions for
each of the scenarios.
• Identify project impacts and any necessary mitigation. If mitigation is required, a
conceptual drawing of the recommended improvement will be provided. For budgeting
purposes it is assumed that record drawings of any study intersection will be available
from the City and that a mitigation concept plan will be prepared for up to four study
intersections. This task will also include preliminary cost estimates and project
contribution percentages for each of the mitigated intersections.
• Address project traffic in the context of the Orange County Congestion Management
Program (CMP).
Prepare a draft traffic impact study report documenting all data, analyses, results, and
conclusions to be submitted to the City of Newport Beach.
• Respond to comments on the draft traffic study. No new data collection and /or analyses
are assumed in this scope. Upon receipt of the City's comments, a final traffic study will
be prepared incorporating responses to comments made on the draft traffic impact study
report for use in the EIR.
Task 1.2 Air Quality Study
BonTerra Consulting will prepare an air quality impact analysis to be summarized in the EIR.
The analysis will address regional air quality impacts and the potential for exposure of persons
to concentrations of pollutants in excess of applicable standards. The air quality analysis will
include the following elements that will be described in a technical report:
Data Acquisition: Obtain and review most current project description, site plans, site aerial
photos, applicable regulations, and project traffic report. Prepare preliminary inventory of
existing and anticipated future on -site and off -site sensitive receptors. Obtain and review current
South Coast Air Quality Management District (SCAQMD) permits for oil field operations. Obtain
BonTerra Consulting Page 4
Newport Banning Ranch E!R
Scope of Services
data relative to existing operations on the project site, including but not limited to use of off -road
and on -road vehicles, natural gas, and solvents.
Visit the site and environs to identify and complete inventory of sensitive receptors. Identify
existing pollutant sources on the site and in the project area including, but not limited to traffic,
commercial, and industrial activities. Observe oil field operations for input to characterization of
existing site pollutant emissions, including odors. No measurements of local air quality will be
made. Existing air quality will be characterized by data from the nearest or most representative
air pollutant monitoring stations. Obtain most representative local meteorological data to
characterize wind patterns.
As necessary, meet with City staff and request data from the Applicant to complete the
descriptions of existing conditions and the proposed project and develop assumptions needed
as input to the air quality analysis.
Technical Analysis: Estimate existing pollutant emissions using SCAQMD permit data,
descriptions of existing operations, and site observations.
The air quality impacts of the proposed project can be divided into the short-term dust
generation, local impacts, and long -term regional air pollution increases. Long -term emissions
will be generated due to increased traffic, the use of consumer products, and the combustion of
natural gas. BonTerra Consulting will calculate future long -term criteria pollutant mass emission
rates using the project description, data relative to future oil field consolidation operations,
planned land uses, and traffic forecasts. Net changes in emission rates will be calculated
(i.e., future less existing) and the findings compared to the SCAQMD CEQA significance
thresholds to determine significance. Review traffic operations forecast and analyze the
potential for local carbon monoxide impacts from severe traffic congestion. Analyze the potential
for long -term odor impacts on a qualitative basis. A detailed discussion of the project's
consistency with the current attainment plans will be provided. Measures will be developed to
reduce significant air quality impacts to the extent possible.
Short-term dust and emission generation due to demolition and construction activities will be
forecasted. Detailed estimates of the potential construction activities (including phasing and
equipment to be used for these forecasts) will need to be provided by the Project Applicant
before the analysis can begin. Short-term maximum daily mass emission rates from
construction activities will be calculated, based on assumed project phasing, construction
equipment mix, and grading plans. As a part of the analysis, we will calculate net changes in
emission rates relative to anticipated changes in existing emissions during construction and
compare results with SCAQMD CEQA significance thresholds for construction.
Measures will be developed to reduce, significant long -term and short-term air quality impacts to
the extent possible. The mitigation program will include those measures mandated by the
SCAQMD related to the reduction of dust generation, construction activity emissions, and
operational activities.
Task 1.3 Climate Change Analysis
BonTerra Consulting will prepare a climate change impact analysis to be summarized in the
EIR. The analysis is anticipated to focus on the project - related emissions of greenhouse gases
(GHG) in the global and cumulative context. Due to the rapidly- changing regulatory environment
relative to climate change and GHG, elements of the following scope below may change prior to
the start of the study, and are likely to change during the study (e.g., prior to release of the Draft
BonTerra Consutlng Page 5
Newport Banning Ranch EIR
Scope of Services
EIR or during consideration of the CEQA document and project by the City). The climate change
analysis will include the following elements that will be described in a technical report:
Data Acquisition: Some data acquisition tasks for the climate change analysis are similar to
those described for the air quality analysis. These two analyses will be performed by the same
BonTerra staff members and the data acquisition will be done for concurrently for both analyses.
Obtain and review most current project description, site plans, site aerial photos, applicable
policies and guidance, and project traffic report. Obtain and review current South Coast Air
Quality Management District (SCAQMD) permits for oil field operations. Obtain data relative to
existing operations on the project site, including but not limited to use of off -road and on -road
vehicles, natural gas, electricity, and water. Obtain data relative to the types and quantities of
existing vegetation that contributes to sequestration of carbon dioxide (COZ).
Visit the site and environs to observe site conditions and oil field operations for input to
characterization of existing site GHG emissions.
As necessary, meet with City staff and request data from the Applicant to complete the
descriptions of existing conditions and the proposed project and develop assumptions needed
as input to the climate change analysis.
Technical Analysis: Develop an estimate of baseline GHG emissions using SCAQMD permit
data, descriptions of existing operations, site observations, and site data.
Calculate future long -term GHG emission rates for a "business as usual' scenario using the
project description, data relative to future oil field consolidation operations, planned land uses,
traffic forecasts, and estimated energy and water uses. Characterize the future site vegetation
as compared to existing vegetation and calculate the estimated change in COZ sequestration.
Calculate the net change in GHG emission rates (i.e., business as usual less baseline).
Analyze project design features that would reduce GHG emissions from the business as usual
scenario, and quantify those features where there is appropriate methodology.
Calculate non - recurring GHG emissions that would result from site reclamation and construction
activities.
Tabulate GHG reduction measures as recommended by agencies such as the California Air
Resources Board, California Attorney General, and SCAQMD and evaluate the proposed
project for consistency with each measure.
Meet with City staff to recommend, discuss, and agree upon CEQA significance criteria, if, as at
present, such criteria have not been established by a State or local agency.
Determine the significance of climate change impacts of the project.
Where significant long -term or short-term climate change impacts are predicted, develop
feasible mitigation measures to reduce or eliminate the impact.
Task 1.4 Noise Analysis
BonTerra Consulting will prepare a noise impact analysis that will be summarized in the EIR.
The analysis will address noise impacts to existing and future sensitive noise receptors within
the boundaries of the project site as well as receptors off site that may be affected by noise
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Newport Banning Ranch ElR
Scooe of Services
resulting from project activities. The noise analysis will include the following elements that will
be described in a technical report:
Data Acquisition: Obtain and review most current project description, site plans, site aerial
photos, applicable noise regulations, and project traffic report . Review biological resource data
to determine noise sensitive threatened and endangered species habitats that may be affected.
Prepare preliminary inventory of existing and anticipated future on -site and off -site sensitive
noise receptors.
Visit the site and environs to identify and complete inventory of noise receptors. Identify noise
sources on the site and in the project area including but not limited to traffic, commercial, and
industrial activities. BonTerra Consulting will measure the existing noise levels on the project
site and off site locations measurement locations that are .acoustically representative of
sensitive noise receptors. Noise measurements will be made at locations on and in the vicinity
of the project site. These measurements will be used to document the existing ambient noise
environment and to determine the noise sources that would potentially impact the project site.
For traffic noise measurements, BonTerra Consulting will use concurrent traffic volume, mix,
and speed data provided in the traffic analysis. Noise measurements will be made at equipment
similar to that anticipated in the planned Oil Facilities District, if that equipment is operating; if
not manufacturer's noise data will be obtained.
As necessary, meet with City staff and request data from the Applicant to complete the project
description and develop assumptions needed as input to the noise analysis.
Technical Analysis: The potential noise impacts can be divided into short-term construction
noise, impacts on surrounding land uses, and on -site noise/land use compatibility. BonTerra
Consulting will quantify the existing noise levels at sensitive receptors using measured noise
levels, the Traffic Study, and other applicable data.
For future long -term noise levels at sensitive receptors, BonTerra Consulting will use project
description, data relative to future project noise sources, and traffic forecasts. Compare
predicted noise levels at proposed on -site land use areas with applicable noise -land use
compatibility standards from the Newport Beach General Plan Noise Element. Compare noise
levels generated by on -site project activities with the limits specified in the City Noise Ordinance
(i.e., the applicable sections of Title 10 of the Municipal Code). Potential noise impacts
associated with the project's traffic on adjacent land uses will be assessed in terms of the
Community Noise Equivalent Level (CNEL) noise scale. Noise increases due to the project will
be determined. Areas that will experience a significant noise increase will be identified. For the
project scenario, the absolute noise levels experienced in these areas will then be determined,
and the resulting land use /noise compatibility discussed. We will compare off -site traffic noise
levels without and with the proposed project to determine if there would be a substantial noise
increase.
Potential noise impacts from operational activities at the uses proposed by the project will be
assessed. Impacts from noise generated by activities on the project site affecting other on -site
sensitive land uses and off -site sensitive land uses will be assessed and could include: on -site
vehicular travel by delivery trucks, rooftop mechanical equipment, oil extraction activities. Noise
levels from these activities will be estimated at sensitive uses in the vicinity of the project.
Short-term noise levels from reasonable worst -case construction noise scenarios will be
calculated. Noise levels generated by demolition and construction activities will be estimated at
nearby sensitive receptors. The application of the City's Noise Ordinance and/or thresholds of
significance to control construction noise will be discussed.
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Newport Banning Ranch E!R
Scooe of Services
'With respect to vibration, the analysis will address the potential for short-term vibration impacts
from construction activities. BonTerra Consulting will compare predicted construction vibration
levels with accepted industry standards to assess the potential for significant impacts.
Where future long -term or short-term noise or vibration levels are predicted to exceed the
applicable standards, develop feasible noise abatement measures to lessen or eliminate the
conflict.
Task 1.5 Air Toxics Heath Risk Assessment
As a subconsultant to BonTerra Consulting, CDM will prepare the health risk assessment. The
findings of the Air Toxics Health Risk Assessment (HRA) will be reported in appropriate sections
of the EIR. Two scenarios will be analyzed for toxic air contaminant (TAC) emissions: existing
conditions (or baseline) and after completion of the proposed project which includes residential
development on part of the property, open space on part of the property, and consolidation of oil
production facilities on the remaining land. One future year of project operation after completion
of final buildout is included in the analysis. Incremental emission inventories, dispersion
modeling, and health risk assessments will be determined for two cases:
Incremental operational impacts of the project after final buildout on the surrounding
community. This analysis is expected to include traffic emissions of toxic air contaminants
(TACs) from motor vehicles operated by the residents living in the project's residential
development', and TAC emissions of natural gas water heaters and space heaters for the
homes in the residential development. This analysis will also include the potential
incremental impact of consolidating oil field operations into the locations identified by the
Applicant.
2. Operational impacts of the oil field on the project's residential development. Although the
oil field operations are ongoing and part of the existing conditions (baseline), the
proposed project will place new residences closer to the operations than are in the
baseline condition.
Review of Existing Documentation and Data: Prior to developing the Toxic Air Contaminant
HRA Modeling Protocol, existing documentation and data will be reviewed. The type of
information anticipated to be available for review would include a layout of the existing facilities
and proposed development, topographical maps of the project area, meteorological data
(available from U.S. EPA or the National Climatic Data Center), and surrounding area land use
plans.
Prepare Air Toxics HRA Modeling Protocol: The modeling protocol will define the methods
and data that will be used in developing emission inventories, conducting air dispersion
analyses, and evaluating health risks associated with project construction and operation. It is
assumed that the models used will include the ARB on -road emission factor model
(EMFAC2007), the ARB OFFROAD mobile source emission model (OFFROAD 2007), the ARB
urban emissions model (URBEMIS 2007), the U.S. EPA AERMOD dispersion model, and the
ARB Hot -Spots Analysis and Reporting (HARP) Program. One meeting with regulatory agencies
(SCAQMD, at least) is included to obtain comments and agency concurrence to the modeling
methodology. This scope assumes receipt of one set of comments from the Project Team and
one set of comments from the SCAQMD (and possibly ARB).
The motor vehicle emissions associated with the project "operations" are only those emissions that
occur within the property boundary of the project site.
BonTerra Consulting
Newport Banning Ranch E!R
Scope of Services
Prepare Toxic Air Contaminant Emission Inventories: Toxic air contaminant (TAC) emission
inventories will be developed by applying speciation profiles for organics and particulate matter
to specific sources or source groups. This task will include development of detailed emission
inventories of VOC or THC, and of PM for individual sources or source groups within the
general source categories necessary to use the speciation profiles. The appropriate speciation
profiles for each source or source group will be defined in the modeling protocol. Inventories will
be developed for the baseline condition and for a future date after project buildout.
Conduct Air Dispersion Modeling of Toxic Air Contaminants: The dispersion of TACs will
be analyzed using AERMOD, as described in the modeling protocol, to.estimate annual average
ground level concentrations. It is assumed that no more than 12 toxic compounds will need to
be analyzed. The receptors to be analyzed will include several on -site locations that represent
worker (oil production) exposure points, and 200 discrete receptors to assess impacts to
residential, school child, off -site worker, and other sensitive receptor locations. No more than
220 receptors will be analyzed for this HRA, and pollutant concentration or health risk contour
plots (isopleths) will not be developed. An isopleths analysis can be prepared if requested by
the City and would be subject to a budget amendment.
Conduct Human Health Risk Assessment: The potential incremental chronic cancer risks and
non - cancer hazards associated with the proposed project future scenario for the set of critical
receptors (e.g., fence line, maximum exposed individuals (MEI) on- and off - site, school children)
will be estimated using the HARP model. Incremental risks and hazards reflect the increase or
decrease of potential exposure of the future condition scenario relative to existing baseline.
Analysis of the project impact on existing, off -site receptors (homes, businesses, and schools)
will be conducted by subtracting the baseline risk from the risks determined after project
completion. Analysis of the oil field operational impact on the new project residential
development will be conducted for the future condition only; no reduction is included for existing
conditions since the site is currently vacant of residences. Health risk isopleths currently are not
included in this scope.
Narrative Cumulative Impacts Assessment: The potential effects of nearby projects that are
reasonably foreseeable and expected to occur during the same time period as that analyzed for
this development project will be discussed. This scope assumes that sufficient documentation
exists for these other projects to identify their potential impacts to air quality and health risks
without additional emissions or dispersion modeling analyses.
The findings of the Air Toxic HRA will be reported in technical memorandum. The effects of any
proposed mitigation will be determined as a percent change (reduction) in emission inventories
for the proposed project scenario only. No dispersion analyses of mitigated impacts are included
in this scope. It is assumed that one preliminary draft of the memorandum will be submitted to
the Project Team for review and comment, and the comments will be incorporated into a final
memorandum to be included as an appendix to the Draft EIR. Also, included is a collection of
referenced documents (or portions thereof) for the Administrative Record.
Task 1.6 Cultural Resources Assessment
Cultural resources investigations of the property within the last decade include a pedestrian
survey of the property and testing plan for evaluation of sites by Keith Companies (Drover &
Smith 1999 & 2000), and a subsequent survey and assessment by LSA Associates (Strudwick
2008). The current evaluative study proposed in this Scope of Work is based on the findings
and recommendations made in these previous reports. Three of the sites on the property (CA-
ORA -839, -845, and -906) were considered outside the development area during the LSA study;
therefore, no specific evaluation recommendations were provided for these site at that time.
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Newport Banning Ranch EIR
Scope of Services
'As a part of preparation of the CEQA documentation for the project, BonTerra Consulting will
complete a Phase II archaeological test excavation and significance evaluation of 11 previously
recorded archaeological sites on the project site. As the subsurface conditions and depth of
each site is largely unknown, the number of excavation units excavated at each site will be
dependent on the cultural material recovered from preceding units; therefore, the numbers of
units and time to excavate each one is an educated guess and could change as in -field
conditions of the sites are better understood. Initial excavations at each site will help determine
the course of the excavation. The numbers of units excavated at sites that produce little or no
artifactual material, versus those that do will be adjusted accordingly.
BonTerra Consulting archaeologists will conduct hand and mechanical excavation of a sufficient
number of shovel test pits and 1x1 meter units to evaluate the eligibility of each recorded
archaeological sites. Evaluation will focus on the areal extent, stratigraphic integrity, density,
and diversity of artifacts, and chronological context of each site.
The Phase II analysis would include pre -field preparation; the field study; laboratory analysis of
collected material; special samples analysis such as radiocarbon dating, protein residue
analysis, lithic and faunal analysis, etc. as appropriate and if suitable samples are recovered;
and a final report. The archaeological evaluation report will describe the results of the study and
provide recommendations regarding the eligibility of each site for listing on the National Register
of Historic Places /California Register of Historical Resources. Native American participation in
this study is likely warranted for this project and is included in this Scope of Work. The following
list describes each site to be evaluated and includes a summary of the methods proposed
employed to evaluate the site.
Because the proposed project necessitates a general plan amendment, the project would be
required to comply with the requirements of Senate Bill 18 (SB 18). As a part of the City'
responsibilities pursuant to SB 18, local Native American tribes must be notified to offer a
consultation regarding the protection of any cultural resources that may exist in the planning
area. BonTerra Consulting can assist the City in complying with the requirements of SB 18
regarding consultation with Native American groups. BonTerra Consulting's assistance to the
City with tribal consultation is not assumed in this Scope of Work.
In addition, a paleontology records search will be conducted with the Natural History Museum of
Los Angeles County. The search will describe any formations and deposits within and adjacent
BonTerra Consulting Page 10
CA -ORA -148
Shell scatter /possibly destroyed
STP excavation (10 -20), unit testing (1 -2)
CA -ORA -839
Shell midden; lithics/partially intact
STP excavation (20 -30), unit testing (2-4),
special sample analysis
CA-ORA -843
Shell midden /possibly destroyed
STP excavation (10 -20), unit testing (1 -2)
CA -ORA -844
Shell midden/not relocated
STP excavation (10 -20), unit testing (1 -2)
CA-ORA -845
Shell, Fire affected rock/possibly destroyed
STP excavation (10 -20), unit testing (1 -2)
CA -ORA -906
Shell midden/not relocated
STP excavation (10 -20), unit testing (1 -2)
CA- ORA- 159911-1
Lithics, historic refuse%only historics noted
STP excavation (10 -20), unit testing (1 -2)
CA-ORA -1600
L thicsrintact
STP excavation (10 -20), unit testing (1 -2)
CA -ORA -1601 H
Historic refuse /partially intact
Sampling, STP excavation (1 -2)
CA- ORA -1602H
Historic refuse
Sampling, mechanical testing, STP
excavation (1 -2)
CA- ORA -1610H
Costa Mesa Gun Battery location /destroyed;
possible subsurface remnants
Archival research, mechanical testing
"Per Strud%Mck (2008)
Because the proposed project necessitates a general plan amendment, the project would be
required to comply with the requirements of Senate Bill 18 (SB 18). As a part of the City'
responsibilities pursuant to SB 18, local Native American tribes must be notified to offer a
consultation regarding the protection of any cultural resources that may exist in the planning
area. BonTerra Consulting can assist the City in complying with the requirements of SB 18
regarding consultation with Native American groups. BonTerra Consulting's assistance to the
City with tribal consultation is not assumed in this Scope of Work.
In addition, a paleontology records search will be conducted with the Natural History Museum of
Los Angeles County. The search will describe any formations and deposits within and adjacent
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Newport Banning Ranch EIR
Score, of Services
'to the project, their sensitivity for fossil resources, and a description of fossils located in similar
matrices proximate to the project site. A Phase I walk over survey will also be conducted. The
search and survey will include basic recommendations for treatment of fossil resources should
they be encountered.
TASK 2 PREPARATION OF ENVIRONMENTAL DOCUMENTATION
Task 2.1 Preparation of Screencheck EIR
BonTerra Consulting will prepare the Screencheck EIR based the Scope of Work, the NOP
responses received, community and agency input, technical evaluation of the proposed project,
and available and pertinent data. The Scope of Work assumes the preparation of two
screencheck documents submitted to the City and the Applicant for review and comment.
BonTerra Consulting's approach to preparing key sections of the EIR is provided below.
Introduction and Project Description
BonTerra Consulting will work closely with the Project Team to prepare a description that
articulates the characteristics and overall objectives of the project. This Scope of Work assumes
that the Applicant will provide BonTerra Consulting with necessary information to prepare the
project description and conduct the required analysis. A draft project description will be provided
to the City and the Applicant for review and approval prior to submittal of the Screencheck EIR.
This process will provide all parties with an opportunity to clarify any project issues prior to the
completion of technical analyses. The project description will include:
• Regional and local setting;
• EIR focus and effects found not to be significant;
• Site history and existing land uses including prior and ongoing land uses;
• Project objectives;
• Project characteristics and important project features;
• Infrastructure improvements (both on site and off site);
• Circulation improvements (both on site and off site);
• Project phasing;
• Intended uses of the EIR, including identifying responsible and trustee agencies.
Environmental Setting/Existing Conditions
BonTerra Consulting will prepare a description of the existing environmental setting of the
project site and surrounding areas. This section will be based on our knowledge of the project
area, information obtained during a site visit, information provided by technical team members,
and information available that is relevant from existing documentation. If the City is aware of any
proposed actions that may change the setting of the site after the NOP is released, this
information should be considered/discussed so that the appropriate approach is used in the EIR
to address this change. The CEQA Guidelines requires that the environmental setting reflect the
conditions that exist at the time that the NOP is issued.
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Newport Banning Ranch OR
Scope of Services
'Environmental Analysis and Impact Evaluation
For each topical issue addressed, the EIR will contain a discussion of the physical environment
on the site and in the project vicinity. The regulatory framework applicable to the project will also
be discussed. The EIR will clearly identify significant environmental effects anticipated for each
environmental issue. Proposed significance criteria (thresholds of significance) will be submitted
to the City for review and approval prior to the preparation of the EIR's impact analyses. These
thresholds will be stated in each technical section to enable the reader to understand the
analytical process used to identify potential project impacts. For each topical issue, the EIR will
identify the level of significance prior to and after mitigation, based on the established
thresholds.
Establishing a nexus between the project- specific impacts and the cumulative impacts with the
suggested mitigation is critical. BonTerra Consulting will differentiate between: features of the
project (design features) that can serve to partially /completely mitigate potential impacts;
standard conditions and requirements (e.g., compliance with building and energy codes); and
"conventional" mitigation measures. Project design features will be identified in the Project
Description and then described in the impacts discussion for each technical section to specify
how the design feature could "prevent or lessen" the significant impact. These design features,
along with standard conditions of approval and mitigation measures, require monitoring to
ensure that required features are implemented. "Conventional" mitigation measures will also be
provided for each significant impact, as required. Measures within each technical section will be
grouped according to the impact category. Project effects which cannot be mitigated to a less
than significant level will be identified.
In addition to the analysis of potential project- specific impacts, BonTerra Consulting will
describe the reasonably foreseeable projects within a defined study area approved by the City
that may result in cumulative impacts. BonTerra Consulting will work with City staff and the
Project Team to ensure that the EIR is prepared at the appropriate level of detail and that
pertinent projects are evaluated. Consultation with City staff will occur to ensure that
expected/planned growth in the project vicinity is known and appropriately addressed in the EIR.
The assessment of potential cumulative impacts will be conducted based on the State's CEQA
Guidelines. The evaluation area for cumulative projects will vary depending on the technical
issue to be addressed. Therefore, for each technical section, the assumed cumulative study
area will be defined in the assessment of the project's contribution to cumulative impacts.
Each section of the EIR will present and analyze the proposed project for the major phases of
development, as appropriate. BonTerra Consulting believes in impact avoidance and will make
recommendations throughout the documentation process to minimize or avoid impacts.
The following is BonTerra Consulting's proposed Scope of Work for addressing the key impact
categories assumed to be analyzed in the EIR. The technical reports will be summarized in the
EIR.
Land Use and Planning Policies
BonTerra Consulting will describe the existing on -site and surrounding land uses based on a
site visit, review of aerial photographs, and information provided in existing documentation_ The
project site is an active oil field and is bound by existing development, West Coast Highway,
and the Santa Ana River and wetlands.
BonTerra Consulting will analyze the compatibility of the project with the surrounding existing
and planned land uses. BonTerra Consulting will also assess the proposed project's
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Newport Banning Ranch EIR
Scope Of Services
consistency with relevant local planning documents, including the City of Newport Beach and
the California Coastal Act policies.
AestheticstVisual Resources
BonTerra Consulting will characterize the existing aesthetic environment and visual resources,
including a discussion of views from within the site and views of the site from surrounding areas.
Architectural and design specifications, as available from the Applicant, will be used in the EIR.
The compatibility of the project's massing, height, and building materials with the surrounding
area, particularly the contiguous residences,_ will be evaluated. The visual assessment will be
based on site reconnaissance, site photographs, and the noted architectural data. Available
conceptual landscape plans will also be described in this section.
Visual simulations will be prepared by VisionScape Imagery, as a subconsultant to BonTerra
Consulting. This Scope of Work assumes eight simulations. This scope assumes that the
Applicant will provide CAD Drawing files of the proposed civil drawings and grading plan. A
scaled site plan will be provided with outlined building footprints and overall heights of proposed
structures for the initial modeling of basic building envelopes. Reference photos and/or sketches
of proposed buildings will be provided to VisionScape should specific architectural elevations
not be available. Otherwise, VisionScape will use its library of 3D architectural models and
photo real landscape materials. Camera locations will be determined prior to site visit and
confirmed with the City.
Potential light and glare impacts and building materials associated with the development of the
project will be discussed in the EIR. Existing City policies and guidelines and Coastal Act
policies regarding light and glare will be reviewed for discussion in the EIR. Mitigation measures
will be recommended to reduce potential aesthetic and light and glare impacts to the maximum
extent possible.
Biological Resources
BonTerra Consulting will summarize the findings of the biological resources technical reports
prepared by our firm for the project. A prior scope of work was provided to and approved by the
City.
Cultural Resources
The cultural resources assessments prepared by LSA Associates and BonTerra Consulting will
be summarized in the EIR.
Geology and Soils
BonTerra Consulting will review for CEQA adequacy and summarize the findings of the
Geotechnical Report prepared by GMU.
Hazards and Hazardous Materials
BonTerra Consulting will summarize the site remediation plan to be provided to the City by the
Applicant. This plan needs to addressall aspects of removal of equipment and soil remediation
to allow for implementation of the proposed project.
BonTerra Consulting
Newport Banning Ranch EIR
Scope of Services
Transportation
BonTerra Consulting will incorporate the findings of the transportation and circulation analysis
prepared by Kimley -Horn.
Air Quality and Climate Change/Greenhouse Gas
BonTerra Consulting will summarize the methodology and findings of the air quality analysis and
the climate change analysis to be prepared by our firm.
Heath Risk Assessment
BonTerra Consulting will summarize the methodology and findings of the heath risk assessment
prepared by CDM.
Noise
BonTerra Consulting will incorporate the findings of the noise report prepared by BonTerra
Consulting into the EIR.
Hydrology and Water Quality
BonTerra Consulting will review for CEQA adequacy and summarize in the EIR the Hydrology
and Water Quality Technical Report(s) prepared by Fuscoe Engineering.
Public Services and Utilities
BonTerra Consulting will coordinate with service and utility providers to determine if the
proposed project uses can be adequately served. Potential direct and indirect effects associated
with project implementation can be related to provision of adequate service levels;
environmental effects associated with the provision of additional utilities to the site; and the
need to upgrade and/or provide additional facilities to serve the project. The analysis will be
based on information obtained from coordination with the respective agencies (telephone and
written correspondence) and information provided by other team members responsible for
addressing the provision of wet and dry utilities to the project area.
Alternatives
BonTerra Consulting will provide an assessment of alternatives to the proposed project. These
alternatives will be based on the requirements of CEQA and discussions with the City and
Applicant. This scope assumes the following alternatives will quantitatively be assessed:
• No Development Alternative
• General Plan Open Space Alternative
• Project with Bluff Road to 17th Street Alternative (Note: This alternative will be provided
as a comprehensive "ground to plan" analysis and a "plan to plan" analysis.)
• Reduced Development Alternative
• Alternative Location
Descriptions of each alternative will be provided to the City and Applicant prior to the submittal
of the Screencheck EIR: As required by CEQA, the EIR alternatives will be designed to reduce
Bon Tana Consulting page 14
Newport Banning Ranch EIR
or eliminate, where possible, the impacts identified for the proposed project. Additionally, it is
assumed that technical reports will quantitatively address the impacts for each alternative for
their respective environmental issues. The analysis of additional alternatives would necessitate
a scope and fee adjustment.
Required CEQA Topics
The following CEQA- required sections will be prepared and submitted as a part of the
Screencheck EIR: Executive Summary; long -term impacts; significant irreversible environmental
changes; significant unavoidable adverse impacts; growth- inducing impacts; references; and
preparers and contributors, agencies and persons consulted.
Task 2.3 Preparation of the Draft EIR for Public Review
Upon receipt of comments from the City and Applicant on the revised Screencheck EIR,
BonTerra Consulting will incorporate these comments and submit a Draft EIR to the City and
Applicant. Upon receipt of comments on the Draft EIR, BonTerra Consulting will prepare a
.proof check" copy of the Draft EIR for final approval prior to reproduction and public distribution.
BonTerra Consulting will be responsible for reproduction and distribution of copies of the Draft
EIR to the State Clearinghouse and to those on a distribution list prepared in consultation with
the City. BonTerra Consulting will be responsible for the following CEQA notices: Notice of
Completion/Notice of Availability and Notice of Determination. The City will be responsible for all
newspaper notices.
TASK 3 MEETINGS AND HEARINGS
BonTerra Consulting will be available to participate in project meetings with staff throughout the
EIR process. Other members of the BonTerra Consulting Project Team will be available, as
needed, within their established .task budgets. Based on our past experience with the City,
BonTerra has found that electronic and telephone communications are highly effective tools to
disseminate information, review technical and environmental documents, and validate
schedules. Minimizing face -to -face meetings is both a time efficient and cost - saving approach to
effective communication.
However, some meetings are best handled in a group setting. Bi- monthly (twice per month)
project Team Meetings are assumed. BonTerra Consulting will attend six public hearings for the
proposed project; will assist in the preparation for these hearings; and will be available to
answer questions regarding the EIR.
TASK 4 PROJECT MANAGEMENT
BonTerra Consulting will be responsible for the management of the proposed project's CEQA
process. This includes not only the review of technical reports, but also ongoing coordination
with the team members and the City to ensure compliance with the scopes of work, the
schedule, and the dissemination of information. This scope assumes regular interaction
between the BonTerra Consulting Project Team, the City, and the Applicant, and requires
frequent information- sharing among project team members. This approach will assist in
coordination efforts, decision making, and data acquisition without requiring additional time or
resources.
BonTerra Consulting - Page 15
FEE ESTIMATE
Description
Subconsultant/Technical Report Preparation Fees
Traffic Report: Kimley -Horn
Traffic Modeling: Urban Crossroads
Visual Simulations: VisionScape Imagery
Air Toxics Health Risk Assessment: CDM
Cultural Resources: BonTerra Consulting
Consultant Administration
Environmental Impact Report
Screencheck EIR
Revised Screencheck EIR
Draft EIR and Proof -Check EIR
Meetings and Project Management
Meetings and Hearings
Project Management
Total Professional Fees
Estimated Reimbursable Direct Costs
Mailings/Postage
Records Searches
Document Reproduction
Deliveries /mileage
Project expenses
Reimbursable Directs Fees
TOTAL
Newport Banning Ranch EIR
Scone of Services
Fee
$201,044.00
89,000.00
27,000.00
67,100.00
111,250.00
19.207.20
$514,601.20
$362,145.00
67,720.00
36.040.00
$465,905.00
$ 60,500.00
33,250.00
$ 93,750.00
$1,074,256.20
$ 3,800:00
900.00
15,000.00
750.00
2.500.00
$ 22,950.00
$1,097,206.20
BonTerra ConsuNing Page 16
Newport Banning Ranch ElR
2008 -2009 FEE SCHEDULE
Professional Classification Hourly Billing Rate
Principal
$175 -215
Associate Principal
150 -175
Air Quality /Global Climate Change/Noise Manager
190 -205
Regulatory Permitting Manager
150 -165
Biological /Environmental Manager
135 -155
Senior Planner /Senior Project Manager
115 -145
Senior Ecologist/Senior Restoration Ecologist
120 -130
Project Manager
110 -130
Cultural Resources Manager
110 -120
Senior Biologist/Biological Project Manager
115 -135
GIS Specialist
85 -95
Planner /Assistant Project Manager
80-105
Field Monitor (depending on expertise)
75-120
Ecologist
75-85
Technical Writer /Editor
80-90
Graphic Artist
85-90
Project Assistant
65-75
Administrative Assistant
65 -75
Reimbursable Costs
Mileage $ 0.585 per mile
Copying /Reprographics cost plus 10%
Delivery/Ovemight Mail cost plus 10%
Other out -of- pocket expenses cost plus 10%
Subconsultants cost plus 10%
BonTena Consulting - Page 17
TASK SCHEDULE
SCREENCHECK EIR
Newport Banning Ranch EIR
Scope of Services
BonTerra Consulting will commence submittal of EIR sections to the City in August 2009.
Completion of the Screencheck EIR and subsequent submittals is based upon receipt of
technical materials by the Project Team.
Bon Term Consulting Pace 18
a
PROFESSIONAL SERVICES AGREEMENT WITH
BONTERRA CONSULTING
FOR NEWPORT BANNING RANCH
THIS AGREEMENT is made and entered into as of this 20th day of March, 2009, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
BONTERRA CONSULTING, a California corporation, whose address is 151 Kalmus
Drive, Suite E -200, Costa Mesa, California, 92626 ( "Consultant "), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. Newport Banning Ranch LLC proposes a planned community consisting of 1,375
dwelling units, 50 -room resort hotel, parks and open space areas on 402.3
acres.
C. . City desires to engage Consultant to:
1. Participate in the review of the proposed Planned Community Text;
supporting documentation; project description; and land use, circulation,
and infrastructure plans.
2. Prepare materials for and attend meetings with City staff, with the project
team (inclusive of the applicant and consultants), and with responsible and
affected agencies.
3. Initiate biological survey and prepare general planttwildlife surveys,
vegetation mapping, and an assessment of the site's potential to support
special status plant and wildlife species as part of the California
Environmental Quality Act (CEQA) analysis ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Kathleen
Brady, AICP, Principal of BonTerra Consulting.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31" day of December 2010, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Two Hundred and Ninety-nine Thousand, Four Hundred and Ninety-
four Dollars and no1100 ($299,494.00) without prior written authorization from
F1
City. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
4.4 Notwithstanding any other provision of this Agreement, wher payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Dana C. Privitt,
AICP, to be its Project Manager. Consultant shall not remove or reassign the
3
Project Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patrick J.
Alford shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
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8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in 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, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
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, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
any 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 and /or willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
5
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk .Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
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assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Reguirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
IV. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
7
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the 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
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
9
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. 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 his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
10
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
26. NOTICES
All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Patrick J. Alford
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3235
Fax: 949 - 644 -3229
11
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Dana C. Privitt, AICP, Principal
BonTerra Consulting
151 Kalmus Drive, Suite E -200
Costa Mesa, CA 92626
Phone: 714 -444 -9199
Fax: 714 - 444 -9599
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, 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.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
28. 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.
29. 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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30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
A o-�—
Aar n C. Harp, Assistan City Attorney
for the City of Newport Beach
ATTEST:
By: 41�
Leilani I. Brown, MM
City Clerk
U
c
-(pRNV"
CITY OF.KEWPORT PEACH,
A Muni 'pal Co,rpor ti b
Edward D. Selic"h, Mayor
for the City of Newport Beach
CONSULTANT:
(Corporate Officer
Title:.��y�i-y
Print Nam C
B
(Financial Offi erg
Title:
Print Name: r,
Attachments: Exhibit A — Summary of Tasks and Fees, Newport Banning Ranch
Project
14
Afawpwt eWMM Ranch Pnyeof
ATTACHMENT A
SUMMARY OF TASKS AND FEES
NEWPORT BANNING RANCH PROJECT
March 6, 2009
1. INITIATION CONSULTING SERVICES
Project Meetin
BonTerra Consulting will participate in and provide materials for project meetings associated with the
Newport Banning Ranch Project. These meetings will include, but not be limited to, meetings with
City staff; the City and the Applicants project team; and affected and interested parties (the latter
including, but not limited to, adjacent jurisdictlons, the Orange County Transportation Authority
[OCTAj, and the Local Agency Formation Commission). This task includes preparation for and
attendance at approximately 30 meetings. This meeting estimate Is Inclusive of meetings attended to
date and attendance at meetings through March 2009.
Scopina Meetings
In April 2009, BonTerra Consulting will conduct two scoping meetings for the Newport Banning
Ranch Project: an agency scoping meeting and a public scoping meeting. The purpose of both
meetings Is to provide an overview of the proposed project, the California Environmental Quality Act
(CEGA) process and the fimeframe for the project, and to solicit Input from agencies and the public
on the scope of the environmental documentation. BonTerra Consulting will be responsible for
presentation materials; it is assumed that the Applicant can provide BonTerra Consulting with
project - specific graphics for the meetings. We will prepare the meeting notices; this scope assumes
that the public hearing notice will be distributed as a part of the Notice of Preparation for the
Environmental Impact Report (EIR). A court report will be provided for both meetings.
Protect inldadon and Documentation Review
In coordination with the City, BonTerra Consulting has reviewed and will continue to review the
Applicants Planned Community text and supporting documentation to deternine if the application
can be deemed complete and If sufficient information has been provided to the City In order to
prepare the EIR. The Applicant provided formal submittals to the City in May 2008, August 2008,
December 2008, and January 2008 as well as additional information throughout that timeframe and
on an ongoing basis. BonTerra Consulting has reviewed components of these submittals at the
directive of the City and has provided comments.
Notice of Preparation
BonTerra Consulting will prepare a draft Notice of Preparation (NOP). The NOP will identify the
Issues to be addressed in the EIR and will provide sufficient information to document why any topical
issues do not require detailed analysis in the EIR. It is assumed that the City and the Applicant will
review the draft NOP, and once comments have been received, the document will be revised and
resubmitted for review. Final comments will be incorporated into the NOP, and a final NOP will be
submitted to the City for approval prior to distribution of the document to the public.
BonTerra Consulting will distribute the NOP by certified mail to all responsible and trustee agencies.
For a larger group including all interested parties, BonTerra Consulting will prepare and send by
regular mail a separate notice that indicates the availability of the NOP and the date of the scoping
meeting. Both mailing lists will be developed in cooperation with the City and the Applicant. The
NOP and scoping notices will be provided to the City for posting on the City s web site.
RAftJ nw..pW=15c=aeed SOWO ows dw A -1 Summary of Tasks and Rees
EXHIBIT A
Newport Banning Ranch PtWd
Kimlev -Horn and Associates
As a part of this Initial work effort, which precedes the preparation of the traffic study for the Newport
Banning Ranch Project, Kimley -Hom will continue to assist the City in the definition of the traffic-
related issues associated with the proposed project. This work effort includes attendance at and
participation in meetings with City staff; meetings with the City and the Applicant's project team; and
meetings with affected and Interested parties, including but not limited to the OCTA and adjacent
jurisdictions. Additionally, Kimley -Hom will review prior traffic analyses and assist in the identification
of project description issues related to traffic so that the traffic scope satisfies CEOA, the City's traffic
study requirements, and related affected agency requirements.
BIOLOGICAL RESOURCES
Bloloatcal Su
It is our understanding that surveys of the project site were conducted by Glenn Lukos Associates
(GLA) and this data for the Newport Banning Ranch property will be available for review. Using all
the available biological resources data, BonTerra Consulting will conduct a general walk -over survey
to field - verify the extent and distribution of vegetation types, including special status vegetation, on
the approximate 401 -acre project site. A description of the existing quality and species composition
of the vegetation types on the project site and an assessment of the potential for special status plant
species that may be present will be compiled based upon observations and field notes taken during
the survey. The survey will also document existing wildlife use on the project site and will include an
assessment of the potential for special status wildlife species to be present. It is assumed field work
will take no more than eight days to complete. If fieldwork takes more than eight days, then the City
of Newport Beach will be notified.
Prior to conducting the field survey, an updated literature review will be conducted to determine
which species identified as special status by State, federal, and local resources agencies and
organizations have the potential to occur on the project site or in the immediate vicinity. Sources to
be reviewed include: (1) special status species lists from the California Department of Fish and
Game (CDFG), U.S. Fish and Wildlife Service (USFWS), and California Native Plant Society
(CNPS); (2) database searches of the California Natural Diversity Database (CNDDB) and the
CNPS's Electronic Inventory of Rare and Endangered Vascular Plants of California; (3) the most
recent Federal Register listing package and critical habitat determination for each federally listed
Endangered or Threatened species that potentially occurs on the project site; (4) the CDFG's Annual
Report on the status of Cal#omia's listed Threatened and Endangered plants and wildlife; (5) the
Orange County Central/Coastal Subregion's Natural Communities Conservation Plan (NCCP); and
(6) other biological studies conducted in the vicinity of the project site.
Technical Data and Report Review
BonTerra Consulting will review all biological studies and(or data prepared by GLA for the project.
BonTerra Consulting will evaluate the methods used, the thoroughness of the analysis, and the
feasibility of the resulting environmental mitigation measures proposed. Information on special status
species will to cross - referenced with: (1) special status species lists from the CDFG and USFWS;
(2) the CNPS's Electronic Inventory; and (3) other biological studies conducted In the vicinity of the
project site. The GLA studies to be reviewed include the following: (a) Biological Technical Report,
(b) Coastal California Gnatcatcher Report, (c) Southwestern Willow Flycatcher Report, (d) Seasonal
Pool Wet Season Survey Report, and (e) Habitat Restoration Plan.
Each review will be performed by a Senior Biologist with experience preparing biological reports for
project sites located in Orange County. Review and analysis of additional documentation beyond the
amount indentified in this Scope will be billed on a time - and - materials basis after prior approval.
RXPrc0MWMpwOlo1W4ffhi Swpe�.dw A•2 Summary of Teeks ayW Feee
EXHIBITA
Newport Ba Y*U Ranch Project
I Status Plant Survevs
Surveys for special status plant species will be conducted on the project site. These surveys will be
conducted during the blooming periods for each of the plants and will vary depending on rainfall and
temperature. Therefore, reference populations will be monitored to determine the appropriate survey
time (generally between March and July). Since blooming periods for special status species typically
overlap, one early spring and one late spring survey can be conducted to cover all desired species.
The focused surveys will be conducted using meandering transacts throughout the suitable habitat
on the project site. Field notes will be taken during the survey. If any special status plant species are
found, the location of each population will be mapped and voucher specimens will be collected and
deposited in an appropriate herbarium to ensure the accuracy of the identification. A collecting
permit is required for the collection of any State- listed Endangered species, and the team of
Botanists will have the appropriate permits. This Scope of Work assumes that the 401 -acre project
site would provide habitat for special status plant species and that the field work will take no more
than 16 days total to complete. If fieldwork takes more than 16 days, then the City will be notified.
Upon completion of the survey effort, a Letter Report will be prepared on the survey findings and will
include a methods and results section with locations and descriptions of all special status plant
species found. This Scope assumes one draft version and one final version of the Letter Report will
be submitted. Any special status species observed will be reported to the CNDDB.
Vernal Pool Branchf000d Surveys
BonTerra Consulting understands that GLA Is currently conducting vernal pool branchdopod surveys
to determine the presence or absence of federally listed vernal pool branchdopod species on the
project site. During the field surveys by GLA, a BonTerra Consulting fairy shrimp Biologist will
simultaneously survey the same pools to confine the oonsuftard's findings. BonTerra Consulting will
verify that the field surveys are conducted according to USFWS guidelines.'
Typically, surveys will begin after initial storm events to determine when pools/swales have been
sufficiently inundated to begin the surveys (i.e., greater than 3 centimeters of standing water for
24 hours after a rain event). This Scope assumes that the ponds will be inundated and require no
more than four 5 -hour survey visits. if the pools dry and pond a second time during the season,
additional surveys may be required and additional fees may be necessary.
If a listed species is observed during a wet season survey, the USFWS will be notified by the Project
Appidcanrs Biologists within ten working days and subsequent surveys will not be required. The
Letter Report that is prepared by the Project Applicant's Biologist shall be reviewed to verify
consistency with BonTerra Consul ing's survey findings.
Coastal California Gnatcatcher Surveys
Focused surveys for the coastal California gnatcatcher will generally follow the USFWS protocol for
a non - participant in the Orange County NCCP ( USFWS 1997). The USFWS must be notified ten
days prior to the anticipated start date of the surveys. A total of six surveys at least one week apart
are required under this protocol. The surveys will be conducted between March 15 and June 30 and
will cover all suitable habitats (e.g., coastal sage scrub) on the project site. Tape recordings of
coastal California gnatcatcher songs and other vocalizations will be played in appropriate habitat to
solicit a response. The locations where gnatcatchers are first observed will be plotted on an aerial
photograph or topographic map. The number of birds (Individuals or pairs) will be noted at each
sighting. Data will also be collected on general habitat characteristics for each gnatcatcher. The
surveys will be conducted during appropriate weather conditions, generally between dawn and noon.
' U.S. Fish and Wildlife Service (USFWS). 1996. Interim Survey Guidelines to Pemrittess for Recovery Permits under
Section 10(a)(1)(A) of the Endangered Species Act for the Listed Kemal Pool Brarwhiopods. Washington, D.C._
USFWS.
rtwmi wwN,amraiswawnea swpsa+oec AW A3 Summary of Tasks and Pees
EXHIBIT A
Newport BaWN6 Rex* Project
This work effort assumes that approximately 65 acres of suitable habitat for this species is present
on the project site and that no more than 80 acres will be surveyed per biologist per day.
Upon completion of the survey effort, a Letter Report will be prepared on the survey findings. The
letter will include a methods .and results section with locations and descriptions of special status
species observed. A copy of the report will be submitted to the USFWS within 45 days of completion
of surveys, as required by the Surveying Biologist's 10(a)(1)(A) permit requirements. This Scope
assumes one draft version and one final version of the Letter Report will be submitted. Any special
status species observed will be reported to the CNDDB.
Least Bell's VireelSouthwestem Willow Flycatcher Surveys
Focused surveys to determine the presence or absence of the southwestern willow flycatcher and
least Bell's vireo will be conducted within all suitable riparian habitat present on the project site.
Surveys for the Endangered southwestern willow flycatcher will be performed by a Biologist with the
required USFWS permit. The USFWS survey protocol for the flycatcher will be followed. The
USFWS must be notified ten days prior to the anticipated start date of the surveys. The protocol
requires a minimum of five surveys that need to be performed within specified time periods: Survey 1
from May 15 to May 31; Survey 2 from June 1 to June 21; and Surveys 3, 4, and 5 from June 22 to
July 17. Tape recordings of southwestern willow flycatcher vocalizations will be played to solicit a
response from any individual that may be present. Surveys for the least Bell's vireo will also follow
the USFWS surrey protocol and requires that a total of eight surveys be conducted at approximately
ten -day intervals starting after April 10 and ending by July 31. Because of the similar ecological
requirements, the surveys for the flycatcher and vireo can be conducted simultaneously. Ten
surveys are required to comply with both protocols. The surveys will be performed during
appropriate weather conditions. If either of these two species is detected by visual or auditory
means, Information pertaining to sex, age, reproductive status, and habitat will be recorded. If
nesting is believed to be occurring, the Biologist will try to ascertain the general location of the nest
but will not approach or disturb the nest.
Upon completion of the survey effort, a Letter Report will be prepared on the survey findings. The
letter will include a methods and results section with locations and descriptions of special status
species observed. A copy of the report will be submitted to the USFWS within 45 days of the last
survey, as required by the Surveying Biologist's 10(a)(1)(A) permit requirements, and a copy will
also be sent to the CDFG. This Scope assumes one draft version and one final version of the Letter
Report will be submitted. Additional revisions to the report will require a contract augment. Any
special status species observed will be reported to the CNDDB.
Burrowing Owl Surveys
The burrowing owl is a spades that is considered to meet the criteria of Section 15380 of the
California Environmental Quality Act (CEQA). Thus, if present, impacts on an active burrow or
burrow complex would be considered potentially significant. Focused surveys will generally follow
the California Burrowing Owl Consortium survey protocol for this spedes.Z These surveys are done
in three phases: (1) a habitat assessment, (2) burrow surveys, and (3) focused owl surveys. It has
already been determined that suitable habitat for burrowing owl occurs on the project site; therefore,
this Scope of Work includes phases 2 and 3.
Burrow Survey. A focused burrow survey will be conducted by walking transacts at regularly
spaced Intervals, depending on topography and vegetative cover, to achieve 100 percent visual
coverage of all potential habitat on the project site. Burrows, other natural or man -made cavities, and
the bases of potential perches will be inspected for evidence of burrowing owl presence. This
a California Burrowing Owl Consortium (CBOC). 1993. Bunowing Owl Survey Protocol and Mitigation Guidelines.
Alviso, CA CBCC. hmp!/ www. dtg. w. gov/ hcpb/ species fstds-gdYNrd_sgrbocansorGum.pdf.
ftYhoNc»wenpanwtmconb�ned sowD.WWWdw A-0 SLmnW of Tads and Fees
EXHIBITA
Newpox BaMhV Ranch PMJW
evidence may include the presence of items at the mouth of the burrows or below perches and may
include pellets, feathers, and whitewash. The location of all potential owl burrows, burrowing owl
sign, and any owls observed will be recorded and mapped.
If no potential burrows are detected, a Letter Report will be prepared on the survey findings. The
Letter Report will include a methods and results section describing the reason(s) why further focused
burrowing owl surveys are not necessary. This Scope assumes one draft version and one final
version of the Letter Report will be submitted. Additional revisions to the report will require a contract
augment.
If suitable burrowing owl habitat and potential burrows are observed, the Biologist will proceed to
Task 7B without preparing a letter report (a letter report will be prepared following completion of
focused owl surveys). Any special status species observed during the burrow survey will be reported
to the CNDDB.
Focused Owl Surveys. Four surveys will be conducted during the burrowing owl wintering season
(December 1 through January 31) and four surveys conducted during the breeding season (April 15
through July 15). The project site will be surveyed from either two hours before sunset to one hour
after, or from one hour before sunrise to two hours after. All potential habitat within the project site
will be surveyed by walking in transects to allow 100 percent visual coverage of the project site. The
transects should be no more than 100 feet apart and should be reduced to account for differences in
terrain, vegetation density, and ground surface visibility. The location of all suitable burrowing owl
habitat, potential owl burrows, burrowing owl sign, and any owls observed will be recorded and
mapped. All pertinent owl behavior will be recorded. The procedure for both winter and breeding
season surveys are the same. This Scope of Work assumes both breeding and wintering season
surveys will be required.
Upon completion of the survey effort, a Letter Report will be prepared on the survey findings. The
letter will include a methods and results section with locations and descriptions of special status
species observed. This scope assumes one draft version and one final version of the letter report.
Additional revisions to the report will require a contract augment. Any special status species
observed will be reported to the CNDDB.
A1- P
A Biological Technical Report will be developed based on the results of various etiological surveys,
analyses, and data compilation as described above. The report will describe: (1) the methodology
used to conduct the biological survey; (2) a detailed description of the existing vegetation types and
associated wildlife resources on the project site; (3) potential impacts from project development; and
(4) recommended mitigation measures to reduce identified impacts to less than significant levels.
This Scope assumes two draft versions and one final version of the Biological Technical Report will
be submitted. Additional revisions to the report will require a contract augment. Preparation of the
Biological Resources EIR section will be provided under separate cover as a part of the EIR Scope
of Work.
IIL REGULTORY SERVICES
Jurisdictional Delineation
It Is our understanding that a jurisdictional delineation has been completed by GLA for this project. It
is also our understanding that the City would like BonTerra Consulting to perform a separate
jurisdictional delineation and prepare a report based on this independent survey. BonTerra
Consulting will perform a jurisdictional delineation to determine jurisdictional °waters of the U.S.',
Including wetlands (if present), located within the boundaries of the proposed project. The
delineation will result in a determination of the jurisdictional boundaries based on the ordinary high
water mark(s) (OHWM) within the project site and indicate the existence of any adjacent wetlands
R:wrq.onw.apemwie%contMW soopsWDeaBAOC A3 Summary of Tasks and Fees
EXHIBITA
Newpmf Bamhv Ranch ftlact
not within the jurisdictional ordinary high water mark. The actual presence or absence of wetlands
onslte will be verified through the determination of the presence of hydrologic conditions, hydrophytic
vegetation, and hydric soils pursuant to the Interim Regional Supplement to the Corps of Engineers
Weiland Delineation Manual. Arid West Region, December 2006.
Using detailed mapping of the project area provided by the project engineer, BonTerra Consulting
shall prepare a Delineation of Jurisdictional Waters Report, including delineation map and the results
of the field delineation. BonTerra Consulting will provide an assessment of acreage considered by
the U.S. Army Corps of Engineers (USACE), the CDFG, and the California Coastal Commission to
be jurisdictional 'Waters of the U.S." and OWaters of the State ", respectively, within the project site.
The report will also include an impact assessment for major project alternatives based on the extent
of project disturbance as identified by the project engineer Including grading and any other land
disturbance such drainage facilities, irrigation, electrical, etc. utility Imes, permanent structural
improvements, and temporary equipment and material staging areas and haul routes. The fees
associated with this task include one revision to the report. In the event that work is required in
excess of the defined scope, BonTerra Consulting will request a budget augment.
Jurisdictional Determination
BonTerra Consulting will prepare an Approved Jurisdictional Determination Form for review by the
City, prior to submittal to the USACE to obtain a formal jurisdictional determination from the USACE
and the California Environmental Protection Agency (Cal EPA) if required by the USACE. An
Approved Jurisdictional Determination is the USACE's official written opinion for the Jurisdictional
Delineation Report. BonTerra Consulting will work directly USACE staff to assist the USACE in the
preparation of documentation to submit to Cal EPA for their 21-day review of the JD, Approved
Jursdictlonal Detemrination Form, and other required supporting documentation. Cal EPA will
review the documentation and prepare a formal determination that the Los Angeles District will use
in the preparation of the final Jurisdictional Determination.
RftNON - V- "1VCWWMd 9oopeame Ad A-6 Summary of Tasks and Fees
EXHIBITA
Newport &VV) g Ranch PMJW
FEE ESTIMATE
Task
Project Meetings
Scoping Meetings
Project Initiation and Documentation Review
Notice of Preparation
Biological Survey
Biological Resources Technical Data/Report Review
Special Status Plant and Wildlife Surveys
Special Status Plant Surveys
Vemal Pool Branchlopod Surveys
Coastal California Gnatcatcher Surveys
Least Bell's Vireo/Southwestem Willow Flycatcher Surveys
Burrowing Owl Surveys
Biological Technical Report
Jurisdictional Delineation
Jurisdictional Determination
Estimated Professional Labor Fees
Subconsultants
10mley -Hom and Associates (Traffic)
Subconsultant Administration
Estimated Subconsultant Fees
Estimated Reimbursable Direct Costs
Mailings
Maps/Aedals
Reproduction
In -House Reproduction
Court Reporter
Scoping Meeting Materials
Delivedes/Mileage /Off -Road
Other Direct Costs
Estimated Directs Fees
TOTAL FEES
$36,568.00
$4,855.00
$11,557.00
$16,147.00
$22,093.00
3
$ 32,000.00
17,754.00
26,902.00
10,935.00
19,450.00
3,350.00
91,220.00
42,483.00
18,090.00
5.120.00
$ 267,304.00
$ 15,000.00
1.500.00
$ 16,500.00
$ 1,000.00
650.00
3,025.00
250.00
5,000.00
1,000.00
2,985.00
1.780.00
$ 15,690.00
$299,494.00
newaavw.nvanwrrceWV. a S.P.I OSWAec A•7 SLnvnary of Tasks and Fees
EXHIBITA
Newport 8WMM ftwh Prgea
2008 -2009 FEE SCHEDULE
Professional Classification Hourly Billing Rate
Principal
$175 -215
Associate Principal
150 -175
Air Quality /Global Climate Change/Noise Manager
190 -205
Regulatory Permitting Manager
150 -165
Biological/Environmental Manager
135 -155
Senior Planner /Senior Project Manager
115 -145
Senior Ecologist/Senior Restoration Ecologist
120 -130
Project Manager
110 -130
Cultural Resources Manager
110 -120
Senior BiologisI/Biological Project Manager
115 -135
GIS Specialist
85-85
Planner /Assistant Project Manager
80 -105
Feld Monitor (depending on expertise)
75-120
Ecologist
75-85
Technical Writer/Editor
80-90
Graphic Artist
85-90
Project Assistant
65-75
Administrative Assistant
65-75
Reimbursable Costs
Mileage $ 0.585 per mile
Copying/Reprographics cost plus 10%
Delivery/Overnight Mail cost plus 100/0
Other out -of- pocket expenses cost plus 10%
Subconsultants cost plus 10%
nwwjWnwotpwW0I5%C0.MMd exa� AA 3urrenary of Tasks end Fees
EXHIBITA
TASK SCHEDULE
INITIATION CONSULTING SERVICES
NBtip07Bann VRand)Prgecr
Included in this task is: attendance at project meetings; preparation for two scoping meetings; project
Initiation and document review; preparation of the Notice of Preparation; and initiation efforts by
Kimley -Horn and Associates related to traffic. The Scoping Meetings are proposed to be held on
April 2, 2009. The remainder of the work efforts in this task would be completed In March tofu.
BIOLOGICAL AND REGULTORY SERVICES
Included in this task is the preparation of biological surveys necessary to prepare the Biological
Technical Report. Focused surveys Include special status plants, vemal pooi branchiopod surveys,
Coastal California gnatcatcher surveys, least bell's vireo/southwestem willow flycatcher surveys, and
burrowing owl surveys. Additionally, a jurisdictional delineation and determination will be prepared.
Work efforts are anticipated to be completed in September 2009.
RVkooetoWa xp"&MIW-wanW9mpo03owo,d. A-9 Summary of Task$ and Fees
EXHIBITA
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 1
July 14, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Sharon Wood, Assistant City Manager
949 - 644 -3222, swood @city.newport- beach.ca.us
SUBJECT: Professional Services Agreement with BonTerra Consulting for
Environmental Services Related to Newport Banning Ranch
Development
APPLICANT: Newport Banning Ranch, LLC
RECOMMENDATION:
Receive and file.
DISCUSSION:
In accordance with Council Policy F -14 (Authority to Contract for Services), the City
Manager is required to provide notice of a permit application and a brief description of
the proposed project to the City Council when a contract for professional services is
paid for by funds in an applicant deposit account and the total cost for services exceeds
$100,000.
Newport Banning Ranch, LLC has filed an application for a Planned Community
Development Plan, Master Site Plan, Zoning Code Amendment, and Vesting Tentative
Tract Map to allow development of the Banning Ranch property as allowed in the
General Plan. The application may also require the approval of amendments to the
General Plan Circulation Element and the Master Plan of Arterial Highways. The
proposed development would include up to 1,375 residential units, 75,000 square feet
of commercial use, 75 overnight accommodations, 45 acres of parks and 243 acres of
open space.
The project requires the preparation of an environmental impact report (EIR). The City
has entered into a professional services agreement with BonTerra Consulting for project
initiation and document review, preparation of a Notice of Preparation, attendance at
scoping meetings, preliminary traffic analysis and biological surveys. The project has
PSA with BonTerra Consulting for Newport Banning Ranch
July 14, 2009
Page 2
advanced to the point where the scope of services and budget for preparation of the
Draft EIR have. been determined, and the City has approved an amendment to the
agreement for the next phase of environmental work. The scope of work for the
amendment includes technical report preparation and review for traffic, air quality,
climate change, noise, air toxics health risk assessment and cultural resources, and
preparation of screencheck and Draft EIRs. It includes the work of BonTerra as well as
subconsultants for traffic analysis, health risk assessment and visual simulations. The
agreement and the amendment are available for review in the Planning Department.
The original agreement is for an amount not to exceed $299,494, and the amendment is
for an amount not to exceed- $1,097,206.20, for a total of $1,396,700:20. This does not
include an amount for responses to comments on the Draft EIR, as the level of effort is
not known yet.
Environmental Review:
Retention of consultants is not a projected as defined by CEQA.
Funding Availability:
The entire cost of these consulting services will be reimbursed to the City by the
applicant, Newport Banning Ranch, LLC.
Submitted by:
Sharon Wood
Assistant City Manager