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Home My WebLink AboutC-8635-1 - PSA for Housing, Land Use and Circulation Elements to the General Plan Consulting Services!f AMENDMENT NO. ONE TO 9� PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR U HOUSING, LAND USE AND CIRCULATION ELEMENTS TO THE GENERAL PLAN CONSULTING SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 13th day of June, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation ("Consultant"), whose address on file with the Secretary of State is 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 with a local address of 765 The City Drive, Suite 200, Orange, CA 92868, and is made with reference to the following: RECITALS A. On April 14, 2020, City and Consultant entered into a Professional Services Agreement ("Agreement") for Consultant Services for Updating the Housing, Land Use and Circulation Elements to the City of Newport Beach General Plan ("Project"). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to extend the term of the Agreement to August 31, 2024, increase the total compensation, update the Administration and Notices sections. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on August 31, 2024, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit B to the Agreement, and Exhibit B to this Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Six Hundred Twelve Thousand Seven Hundred Seventy One Dollars and 00/100 ($1,612,771.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Three Hundred Ninety Five Thousand Three Hundred Ten Dollars and 00/100 ($395,310.00). 4. ADMINISTRATION Section 6 of the Agreement is amended in its entirety and relaced with the following: This Agreement will be administered by the Community Development Department. City's Principal Planner or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 5. NOTICES Section 25.2 of the Agreement is amended in its entirety and replaced with the following: "All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Principal Planner Community Development Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658" Kimley-Horn and Associates, Inc. Page 2 6. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Kimley-Horn and Associates, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: �Z6/0 S By: 0j m, � _ a on . Harp �3 City Attorney ATTEST: eloao-;�Date: By: C A� Leilani I. Br n City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: JUN 14 2023 ByPrK. ng r CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation Date: 5L,3�- Jason Melchor Assistant Secretary Date: 3� Za23 By: Darren J. Adrian Senior Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Kimley-Horn and Associates, Inc. Page 4 EXHIBIT A SCOPE OF SERVICES Kimley-Horn and Associates, Inc. Page A-1 Kimley>»Horn Kimley-Horn is requesting an amendment to accommodate the following items: ■ Drafting of Housing Element Rezone Program Regulations ■ General Plan Land Use Element Consistency Amendments ■ Prepare a Program -Level CEQA EIR for the Housing Element Implementation Program ■ Prepare CEQA analysis for the amendment to the General Plan Noise Element Kimley-Horn will amend the existing contract scope and fee to include the following Scope of Work tasks. This effort includes superseding existing tasks and using remaining budget in the existing contract to accommodate, and requesting additional budget to accommodate additional work efforts requested by the City. Remaining budget on the existing approved contract will be utilized and supplemented by additional fee to accommodate new work efforts. The following tasks are proposed: Task 3a: Draft Overlay Rezone Ordinance Text Kimley-Horn will prepare draft Ordinance Language for each of the following areas: ■ Newport Center ■ Airport Area ■ Dover Westcliff ■ West Newport Mesa The Draft Rezone Overlay Ordinance language will include the requisite text, tables and figures, as appropriate. The provisions, may include standards that implement Housing Element policy objectives. This may include development standards, performance criteria and objective design standards in conjunction with the work effort being conducted under separate contract by others. The Rezone Overlay descriptions will be incorporated into the Draft Program EIR as a part of the Project Description and impact evaluations. Deliverables ■ Draft Overlay Ordinance Document ■ Staff/Consultant Review Session Budget: Kimley-Horn assumes a maximum budget of $5,500 for this task. Task 3b: Revised Draft Overlay Rezone Ordinance Based upon feedback received during the review session, Kimley-Horn will revise and finalize the Draft Overlay Rezone Ordinance to be incorporated into Municipal Code Section 20-28.010. The revised Ordinance will be provided in redline. Deliverables ■ Redline Version of Ordinance Text ■ Draft Exhibits/Figures Kimley>»Horn Budget: Kimley-Horn assumes a maximum budget of $20,000 to be billed on a time and materials basis. Task 3c: General Plan Land Use Element Consistency Amendments Kimley-Horn will prepare policy text amendments to the General Plan Land Use Element to provided internal consistency with the Housing Element and proper implementation guidance. Kimley-Horn will prepare on summary matrix of suggested changes to the existing policy document. Any graphics or GIS-based data will provided to the City in native format to ensure internal consistency of data in the City's GIS database. The General Plan policies will be incorporated into the Program EIR Project Description and used as a part of the CEQA impact analysis. Deliverables ■ GIS Data Set of Exhibits ■ Draft Exhibits/Figures Budget: Kimley-Horn assumes a maximum budget of $20,000 to be billed on a time and materials basis. Task 3d: Exhibits and Figures Kimley-Horn will prepare appropriate figures and exhibits to support the rezone program. These will be GIS-based exhibits. Updated/new databases, including GIS analyses and graphics for the Program EIR are included in Task 7. Deliverables: ■ GIS Based exhibits in native format Budget: Kimley-Horn assumes a maximum budget of $6,500 to be billed on a time and materials basis. Task 1.4a: Meetings with Advisory Committee Kimley-Horn will attend up to four meetings with the City's newly appointed Advisory Committee. Kimley-Horn will provide meeting support, presentations and meeting attendance. Deliverables: Meeting and Attendance: 4 meetings Assistance with Presentations Budget: Kimley-Horn assumes a maximum budget of $20,000 to be billed on a time and materials basis. Task 8a: Public Hearings Kimley-Horn will attend up to 4 public hearing, inclusive of the Planning Commission and City Council. Kimley-Horn will provide meeting support, presentations and meeting attendance. Deliverables: Kimley»>Horn ■ Meeting and Attendance: 4 public hearings ■ Assistance with Presentations Budget: Kimley-Horn assumes a maximum budget of $20,000 to be billed on a time and materials basis. Task 9a: CEQA Documentation (New) Project Understanding The General Plan Housing Element Implementation Program EIR will evaluate potential impacts associated with changes to applicable elements of the General Plan and the Ordinance Overlay Rezone associated with the City's adopted 6th Cycle Housing Element Update and subsequent sites that the City has identified for consideration of residential development. The Program EIR will address amendments to the Newport Beach General Plan and the City of Newport Beach Planning and Zoning Ordinance of the Municipal Code (Zoning Text and Zoning Map amendments) associated with overlay districts, as well as ancillary amendments to other planning documents, as necessary for clarification and consistency purposes. These amendments are needed to accommodate future housing sites as part of the Housing Element Implementation Program. As such, the project to be analyzed in the Program EIR is the Housing Element Implementation Program, which assumes the City's Regional Housing Needs Allocation (RHNA) plus the buffer assumed in the adopted 6th Cycle Housing Element. While not all candidate sites may be developed, or developed at their full capacity, the Program EIR will programmatically evaluate the potential environmental impacts for development of the targeted number of housing units identified in the Housing Element and the associated targeted acreage. The City proposes to adopt overlays which would allow for the site to retain the underlying zoning. Because it is speculative as to which sites may be developed, the Program EIR will not assume a net change as a part of the CEQA impact analysis. In other words, the CEQA project will not take credit for the reduction in non-residential development capacity or existing development. The project proposes zoning text amendments to revise applicable sections of the Municipal Code Planning and Zoning Ordinance and a Zoning Map Amendment to resolve any resolve potential zoning inconsistencies resulting from adoption of the project's overlay program. Changes to adopted Planned Community requirements are not assumed in this Scope of Work nor will be addressed in the Program EIR. Subsequent to the approval of the Housing Element by the State, the City identified additional opportunity sites contemplated for housing development. The Program EIR will evaluate up to five sites in additional to the Housing Element sites. It is our understanding that these additional site will be located within the overlay areas. For analysis purposes, the CEQA Project analyzed in the Program EIR will assumes that the additional housing units are comprised of the following: Housing Overlay Zones and Accessory Dwelling Units. The Program EIR will assess future development of the units on any combination of the candidate housing sites and additional sites (collectively referred to as "housing site", without assessing any site- Kimley»>Horn specific individual projects. The Program EIR differs from a "Project EIR" in that no specific projects will be analyzed/approved by this EIR. Native American Tribal Consultation Senate Bill 18 (SB 18) and Assembly Bill 52 (AB 52) Native American Communications. We will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) Search and an SB 18 list of Native American tribes and individuals to contact. Using the NAHC's SB 18 list, Kimley-Horn will draft SB 18 letters for City distribution. Using the City's Native American tribal contacts list, we will draft AB 52 letters for City distribution. It is expected that one or more requests for consultation will be requested. Participation in consultation meetings can be provided but is not assumed in this Scope of Work. Deliverables: All deliverables will be submitted in electronic format (Word and PDF), unless otherwise noted. ■ SB 18 Consultation Letters and AB 52 Consultation Letters Notice of Preparation and Scoping Meeting Notice of Preparation (NOP). Kimley-Horn's Scope of Services assumes that an expanded Notice of Preparation (NOP) will be prepared to provide a project overview; any known alternatives to be evaluated; and expected discretionary actions and permits required for project implementation. An Initial Study is not assumed in this Scope of Work. The NOP will identify environmental issues to be addressed in detail in the EIR. The NOP will also identify the date and location of the Scoping Meeting. This Scope of Work assumes no changes to the Project Description upon completion of the NOP for public review. This includes but is not limited to changes to the sites inventory; any change will require a budget augment. The NOP will be filed with the County Clerk -Recorder and will also be provided to the City for posting on the City's website. This task includes certified NOP mailing to responsible agencies. Using the City - provided mailing list, we will produce and mail the notices. We will also prepare and submit the Notice of Completion (NOC) and attach relevant information from the NOP to the State Office of Planning and Research's State Clearinghouse. Kimley-Horn will prepare an expanded NOP, which will also identify the date and location of the public Scoping meeting. Kimley-Horn will respond to one reconciled set of City comments on the draft NOP and prepare a check copy for approval prior to public release. Using the City -provided mailing list, we will produce and mail the notices. The City will be responsible for all newspaper notices and filing the notice with the State Office of Planning and Research's State Clearinghouse. Scoping Meeting. Kimley-Horn will conduct one public scoping meeting during the 30-day NOP public review period. The scoping meeting can be a separate meeting or a study session or agenda item designed for the general public before the Planning Commission. With the City, the scoping meeting presentation will provide a project overview and key issues to be evaluated in the Program EIR; Kimley>»Horn describe the CEQA process; and identify ongoing opportunities for public input and EIR review. We will prepare sign in sheets, comment cards, and a PowerPoint presentation for the scoping meeting. Comments received in response to the NOP and at the Scoping Meeting will be evaluated during the preparation of the Program EIR. Following the close of the public comment period, Kimley-Horn will compile and summarize the comments received and submit the summary to the City in the form of a Scoping Memo to ensure that the points raised during scoping are documented. Anli�inrivl�lnc• All deliverables will be submitted in electronic format (Word and PDF), unless otherwise noted. ■ Project Description (2 rounds of review based on one set of consolidated comments) • Notice of Preparation (2 rounds of review based on one set of consolidated comments) ■ Distribution of Notice of Preparation ■ Scoping Meeting ■ Scoping Memo Environmental Impact Report The Program EIR will include the following sections: ■ Executive Summary ■ Introduction ■ Project Description ■ Environmental Analysis: Regulatory Setting; Existing Conditions; Impact Thresholds and Significance Criteria; Methodology; Evaluation of Project and Cumulative Impacts; Mitigation Program; Level of Significance After Mitigation; References ■ Long -Term Implications of the Project ■ Project Alternatives (maximum 2 alternatives) ■ Preparers; Agencies, Organizations, and Persons Consulted The EIR is expected to evaluate the following environmental topics: ■ Aesthetics ■ Agriculture and Forestry Resources ■ Air Quality ■ Biological Resources ■ Cultural Resources ■ Energy ■ Geology and Soils and Paleontological Resources ■ Greenhouse Gas Emissions ■ Hazards and Hazardous Materials ■ Hydrology and Water Quality ■ Land Use and Planning ■ Mineral Resources ■ Noise ■ Population and Housing ■ Public Services ■ Recreation ■ Transportation ■ Tribal Cultural Resources ■ Utilities and Service Systems Kimley>»Horn • Wildfire Environmental Analysis The EIR Environmental Analysis sections will discuss the existing conditions for each environmental issue area; define the criteria by which significance determinations will be made; identify and evaluate short- and long-term environmental impacts; and provide levels of significance. Mitigation will consist of General Plan policies and other program -level measures, as applicable. For future residential development subject to discretionary review, compliance with the applicable mitigation measures would be confirmed through the discretionary review process. For future residential development subject to a ministerial "by right" site plan review process, projects would be required to submit alternative documentation (e.g., standard conditions of approval). To the degree feasible because of the number of sites, the Program EIR will rely on regulatory databases and readily available data, including but not limited to the General Plan, drainage plans, biological resources databases, etc. Kimley-Horn will update and validate databases created as a part of the Housing Element. Based on the modified housing database assumptions, including pipeline projects and additional housing sites, GIS databases will be created for all applicable environmental sections of the EIR as well as the creation of exhibits that can be incorporated into the EIR. As it applies to construction activities, future development facilitated by the project would be influenced by numerous factors, including market demand, and economic and planning considerations. Construction -related emissions are typically site -specific and depend upon multiple variables. Quantifying individual future developments' construction impacts, including air quality, greenhouse gas emissions, and noise, is not possible due to project -level variability and uncertainties concerning locations, detailed site plans, construction schedules/ duration, equipment requirements, etc., among other factors. As it applies to operational impacts, applicable models (e.g., CaIEEMod) will be used for topics including air quality and greenhouse gas. With respect to the transportation studies, Kimley-Horn will update and validate databases created as a part of the Housing Element. Data for each traffic analysis area will be updated for use by the City's traffic consultant. Coordination between Kimley-Horn, the City and the City's traffic consultant is required. VMT transportation analysis, the City's traffic consultant will address implementation of the Housing Element and its consistency with regulatory policies and programs including the Circulation Element. This Scope of Work assumes that the analysis will provide average daily traffic (ADT) forecasts for representative residential developments. For example, one scenario is the greatest/maximum development capacity (i.e., the most dwelling units) of all candidate housing sites. The second is an "average -sized residential development site." The third would be a smaller development capacity site scenario. If a future development site was consistent with the assumptions for one of these ADT scenarios, it may be presumed to have a less than significant impact on transportation and circulation. Kimley»>Horn Alternatives to the Proposed Action. Kimley-Horn will analyze a "reasonable range" of alternatives, comparing each alternative's impacts for each environmental issue to the project. Two alternatives are assumed in this Scope of Work. The alternatives will be addressed qualitatively. The environmentally superior alternative will be identified in accordance with CEQA requirements. Revised Administrative Draft Program EIR. Kimley-Horn will revise the Administrative Draft Program EIR based on City comments. The revised Administrative Draft will be provided to the City in track/changes and will be prepared in conformance with the Scope of Work. Kimley-Horn will respond to one reconciled set of City comments on the Administrative Draft Program EIR. Proof Check Draft Program EIR and Public Review. Kimley-Horn will incorporate comments from the Revised Administrative Draft Program EIR to prepare a "proof check" copy of the Draft Program EIR, which will be provided to the City for final approval prior to reproduction and distribution. We will also prepare the Notice of Completion (NOC) and Notice of Availability (NOA) for City review and approval. We will be responsible for reproduction and distribution of the notice based on the City's mailing list. The City will be responsible for any newspaper notices and filing with the State Clearinghouse. Deliverables: All deliverables will be submitted in electronic format (Word, PDF, GIS), unless otherwise noted. ■ New database for all housing sites, new GIS evaluations of affected housing sites, new exhibits ■ Administrative Draft Program EIR (1 round of review based on one set of consolidated comments) ■ Revised Administrative Draft Program EIR (2 rounds of review based on one set of consolidated comments) ■ Proof Check EIR (1 round of review) ■ Draft Program EIR Reproduction and Distribution ■ Web -ready version of Draft Program EIR with technical appendices ■ Notice of Available and Notice of Completion Final EIR Responses to Comments. Kimley-Horn will prepare responses to comments received during the Draft Program EIR public review period. Comment letters will be bracketed into discrete questions for response. Where multiple comments are received on the same issues, topical responses will be prepared. This Scope of Work assumes the preparation of a separate Responses to Comments document, which will include an introduction describing the public review process; a list of commenters; and copies of all written comments and minutes from public hearings where comments were received; written responses to environmental comments; and an Errata if needed. Upon receipt of one reconciled set of City comments, Kimley-Horn will revise, as necessary, the draft responses; coordinate with the technical team members regarding the revisions; and provide a check copy to the City for final review. We will mail responses to public agencies that provided comments on the Draft Program EIR. This Scope assumes up to 100 hours of professional staff time for Kimley>»Horn preparation of the Responses to Comments document. If additional effort will be necessary because of the number and/or complexity of the comments, we will notify the City that a contract augment would be required. Mitigation Monitoring and Reporting Program. Kimley-Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) consistent with the City's standard format to identify appropriate monitoring steps/procedures to provide a basis for monitoring such measures during and upon project implementation. Kimley-Horn will prepare a draft MMRP that will be submitted to the City for review. We will respond to one reconciled set of City comments. If the Planning Commission or City Council modifies the project and/or recommended conditions of approval/mitigation measures for the proposed project, Kimley-Horn will revise the MMRP. However, substantial modifications are not assumed. Findings of Fact and Statement of Overriding Considerations. Kimley-Horn will prepare the Findings in accordance with State CEQA Guidelines Section 15091 and Section 15093 and in a format specified by the City. Kimley-Horn will submit the Draft Findings for City review and respond to one reconciled set of City comments. A Statement of Overriding Considerations will be drafted, as needed, and submitted to the City for use in the project review process. Notice of Determination. Kimley-Horn will prepare the Notice of Determination (NOD) for review by the City. Upon Final EIR certification and project approval, we will file the NOD with the County Clerk - Recorder; the City will file with the State Clearinghouse. An NOD will be prepared for the first action by the City Council and following the second reading. The City will be responsible for the payment of all filing fees including California Department of Fish and Wildlife (CDFW) fees. Deliverables: All deliverables will be submitted in electronic format (Word and PDF), unless otherwise noted. ■ Responses to Comments (2 rounds of review based on one set of consolidated comments) ■ Mitigation Monitoring and Reporting Program (1 round of review) ■ Findings and Statement of Overriding Considerations (2 rounds of review based on one set of consolidated comments ■ Notice of Determination (1 round of review) CEQA Project Management Kimley Horn will be responsible for Environmental Project Management, including team management and coordination, and ongoing consultation with the City. Project management responsibilities include task scheduling and assignment; contract administration and accounting; and coordination and communications with the City. Meetings and Hearings. This task assumes attendance at the following meetings and public hearings: ■ Kick-off Meeting ■ Scoping Meeting ■ Bi-Monthly Conference Calls Kimley>»Horn ■ Six Project Coordination Meetings ■ One Study Session and four Public Hearings Hours for the Kick-off Meeting and the Scoping Meeting are assumed in their respective task budgets. For budgeting purposes, meeting attendance is identified under the billing rate for Dana Privitt. Additional meeting attendance by Kimley-Horn or attendance by other team members will be billed on a time -and -materials basis. CEQA Summary of Deliverables Our Scope of Work and cost proposal are based on submittal of all products and deliverables as set forth below. Internal review documents will be provided as electronic files; print copies are not assumed unless otherwise noted. All distribution lists will be prepared by the City. ■ Draft Project Description ■ SB 18 and AB 52 Letters ■ Notices o Draft Notice of Preparation/Notice of Scoping Meeting o Notice of Preparation/Notice of Scoping Meeting — 50 print copies; transmittal in electronic format for posting on the City's website. The NOP will be reproduced and distributed by Kimley-Horn. The NOP will be filed with the County Clerk -Recorder. The notice will be sent by certified mailing to responsible agencies. The City will submit the Notice of Completion to the State Office of Planning and Research's State Clearinghouse. o Notice of Availability of the Draft EIR— 24 print copies and transmittal in electronic format for posting on the City's website. The Notice of Availability will be reproduced and distributed by Kimley-Horn. We will file the notice with the County Clerk -Recorder. The City will file with the State Clearinghouse. o Notice of Determination. Kimley-Horn will file the Notice of Determination with the County Clerk -Recorder; the City will transmit the notice to the State Clearinghouse. o Payment of all fees, including California Department of Fish and Wildlife fees are excluded from our fee estimate. ■ Scoping Meeting Materials. Kimley-Horn will be responsible for preparing a PowerPoint presentation, handouts, and comment cards. ■ Administrative Draft Program EIRI — Electronic copies. ■ Revised Administrative Draft Program EIR — Electronic copies. ■ Proof Check Draft Program EIR —1 print and electronic copy with technical appendices to be delivered in an electronic format. • Draft Program EIR —The documentations shall be provided as follows: o Up to 12 print copies of the Program EIR (excluding appendices) Kimley»>Horn 0 12 USBs of the EIR and technical appendices o Draft EIR and technical appendices to upload to the website. This task shall include breaking the document in smaller, easily downloadable portions. ■ Response to Comments — Electronic copies. ■ MMRP and Findings — Electronic copies. Budget: Kimley-Horn assumes a maximum labor budget of $295,000 to be billed on a time and materials basis. Task 10: Noise Element Update (New) Kimley Horn will conduct requisite analysis and update the City's Housing Element of the General Plan to conduct the following: ■ Tribal Consultation ■ Noise Element Meetings ■ Review multiple versions of General Plan policies and ordinance language ■ Preparation of Categorical Exemption (Common Sense) including policy analysis ■ Preparation of NOE ■ Attendance at PC and CC ■ Project Management Budget: Kimley-Horn assumes a maximum budget of $20,510 to be billed on a time and materials basis. Task 5: Transportation Analysis During 2021, Urban Crossroads worked to complete the draft analyses of vehicle miles traveled (VMT) and peak hour intersection level of service (LOS) for the City of Newport Beach General Plan Housing Element Update which identifies housing sites that provide the development capacity to accommodate Regional Housing Needs Assessment (RHNA) allocations. Travel demand modeling runs were previously prepared and reviewed by City staff members and City consultants, draft VMT and LOS reports were completed and reviewed by City staff and consultants, and the draft reports were revised as needed at that time. The approved scope of work for Urban Crossroads focuses on five broad tasks, as follows: ■ Task 1— Existing and Future Conditions, LOS Analysis ■ Task 2 —Vehicle Miles Traveled and Alternative Modes ■ Task 3 — Interface with Client and City/Meetings ■ Task 4— Draft Report and Revisions/Responses ■ Task 5 — Responses to EIR Comments Task budgets for Tasks 1, 2 and 4 were expended in 2021 for professional services involved with the 1100 Town and Country Rd Suite 700, Orange, CA 92868 Kimley»>Horn completion of VMT and LOS analysis reports. Budget increases for these tasks are requested for the 2023 restart of these work activities. An amount of approximately $11,400 remains in the Task 3 budget, and the Task 5 budget of $10,300 remains in full. The remaining budget amounts for Tasks 3 and 5 appear to be appropriate for the 2023 restart of these work activities. The purpose of this authorization request is to increase the prior budgets for Tasks 1, 2 and 4 by a cumulative total of $79,800 to cover work anticipated to occur between February and June of 2023. Revised Task 5.3 — Existing and Future Conditions, LOS Analysis. The 2021 assessment of existing traffic conditions will remain unchanged. Urban Crossroads will prepare long-range traffic forecasts for General Plan Buildout conditions with GP Housing Element Update based on the updated version of the Newport Beach Transportation Model (NBTM) based on TAZ land use quantities to be provided by KHA. Urban Crossroads will review the initial estimates of the raw peak hour turning movement volumes for reasonableness, including the review of traffic flow conservation and peak- to -daily volume ratios. Adjustments to the initial raw model estimates to achieve flow conservation, reasonable growth, and plausible diversion between parallel routes through post -processing will be made. Urban Crossroads will calculate General Plan Buildout (2040) with GP Housing Element Update peak hour turning movement volumes at up to 66 study area intersections and calculate General Plan Buildout (2040) with GP Housing Element Update future daily traffic flows on up to 70 study area roadway segments. Urban Crossroads will assess the intersection Level of Service (LOS), for up to 66 study area intersections, for General Plan Buildout (2040) with GP Housing Element Update. Lane geometries and traffic controls for study area intersections, for General Plan Buildout (2040) with GP Housing Element Update conditions. Urban Crossroads will identify physical improvements need to achieve/maintain acceptable level of service (LOS) at each study area intersection for General Plan Buildout (2040) with GP Housing Element Update. Based on an understanding of the future improvement requirements needed to accommodate the proposed GP Housing Element Update, identify which configurations are consistent with the current Circulation Element, and identify those improvements associated with the change in land use intensities. Urban Crossroads will summarize results of the analysis and findings in a draft traffic study report to be submitted to the consultant team and City of Newport Beach for review. Based upon comments received from the consultant team and City of Newport Beach, a revised traffic study report will be prepared for inclusion in the Draft Program EIR. Revised Task 5.4 — Vehicle Miles Traveled. Urban Crossroads will prepare estimates of Vehicle Miles Travelled (VMT) for General Plan Buildout conditions with GP Housing Element Update based upon NBTM, consistent with Newport Beach VMT Guidelines. For each TAZ that includes GP Housing Element Update, VMT screening analysis consistent with the Newport Beach VMT Guidelines will be performed. Land use changes based upon the GP Housing Kimley>»Horn Element Update will be screened for distinct analysis subarea based upon their location (Transit Priority Area or Low VMT area) and trip generation. Revised Task 5.6 — Draft Report and Revisions/Responses. Urban Crossroads will prepare the draft VMT and LOS reports, and then respond to City comments regarding the transportation analysis documents. Revisions to the reports will be prepared as needed to achieve City staff approval of the analysis. This work is anticipated to include the exchange of data files with City staff members and modifications to text, tables and exhibits. Task Budget: Kimley-Horn assumes a maximum budget of $79,800 to be billed on a time and materials basis. EXHIBIT B SCHEDULE OF BILLING RATES Kimley-Horn and Associates, Inc. Page B-1 Kimley>»Horn Summary of Amendment Request Task 3a Draft Overlay Rezone Ordinance Task 3b Revised Draft Overlay Rezone Ordinance Task 3c General Plan Land Use Element Consistency Amendments Task 3d Exhibits and Figures Task 1.4a Meetings with Advisory Committee Task 8a Public Hearings Task 9a CEQA Clearance Task 10 Noise Element Update Task 5a Traffic Analysis TOTAL AMENDMENT Hourly Rate Schedule 2023* Principal $330/hr Principal Planner $230/hr Senior Planner $180/hr Associate Planner $160/hr $5,500 (from existing contract remaining) $20,000 (from existing contract remaining) $20,000 (from existing contract remaining) $6,5001from existing contract remaining) $20,000 (from existing contract remaining) $20,000 (from existing contract remaining) $295,000 $20,510 $79,800 $395,310 r.; rN z CA Lu m m X N U u U u u in PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR HOUSING, LAND USE AND CIRCULATION ELEMENTS TO THE GENERAL PLAN CONSULTING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 14th day of April, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation ("Consultant'), whose address is 765 The City Drive, Suite 200, Orange, California 92868, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide consulting services for updating the Housing, Land Use and Circulation Elements to the City of Newport Beach General Plan ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2023, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred Seventeen Thousand Four Hundred Sixty One Dollars and 00/100 ($1,217,461.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. Kimley-Horn and Associates, Inc. Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated David Barquist to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department. City's Senior Planner or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably Kimley-Horn and Associates, Inc. Page 3 competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's activities conducted on the Project and to the extent are caused by the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Kimley-Horn and Associates, Inc. Page 4 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any Kimley-Horn and Associates, Inc. Page 5 of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. Kimley-Horn and Associates, Inc. Page 6 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. Kimley-Horn and Associates, Inc. Page 7 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Senior Planner Community Development Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at- Attn: David Barquist Kimley-Horn and Associates, Inc. 765 The City Drive, Suite 200 Orange, CA 92868 Kimley-Horn and Associates, Inc. Page 8 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach Kimley-Horn and Associates, Inc. Page 9 of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Kimley-Horn and Associates, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: A/ Jon C. Harp Us'i1'L° City Attorney ATTEST � Date: Leilani 1. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Gra e . Leung Ci anager CONSULTANT: Kimley-Horn and Associates, Inc., a California corporation Date.- Signed ate: Signed in Counterpart By: Chad E. Phillips Vice President Date: Signed in Counterpart Darren J. Adrian Senior Associate [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Kimley-Horn and Associates, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: s By: /ro—nC. Harp City Attorney ATTEST: Date: am Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONSULTANT: Kimley-Horn and Associates, Inc., a California corporation Date: 5.�iF�� By: Chad E. Phill' s Vice President Date: EM Darren J. Adrian Senior Associate [END OF SIGNATURES] Attachments: Exhibit A – Scope of Services Exhibit B – Schedule of Billing Rates Exhibit C – Insurance Requirements Kimley-Horn and Associates, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Dater By. ron C. Harp Is•i1 �.° City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: Grace K. Leung City Manager CONSULTANT: Kimley-Horn and Associates, Inc., a California corporation Date: By: By: Leilani I. Brown Chad E. Phillips City Clerk Vice President Date: By: - - Darren J. Adrian Senior Associate [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements Kimley-Horn and Associates, Inc. Page 11� EXHIBIT A SCOPE OF SERVICES Kimley-Horn and Associates, Inc. Page A-1 Work Plan This Work Plan provides the necessary components to achieve the general objectives stated in the City's RFP. Kimley-Horn understands the broad nature of the Scope of Work and has provided liberal estimates of time and staffing resources. Our team assumes and encourages further discussion of our scope of work and assumptions prior to executing any contract. Task 1. Project Preparation, Community Outreach, and Project Management Task 1 provides the necessary start up tasks to contribute to a successful planning process. This will include meetings to ensure the Newport, Together outreach program is effectively incorporated into the planning process. During Task 1, an overall project schedule will be finalized. Task 1.1 Kick -Off Meeting The Kimley-Horn team will participate in a Kick -Off Meeting with City staff to discuss the overall purpose and intent of the project, discuss project expectations, deliverables, schedule, and data needs. It is anticipated up to four Kimley-Horn staff members and Keyser Marston (KMA) representatives will attend. Deliverables: • Up to 3 meetings with project team related to outreach • Annotated outlined of outreach activities, events, and agenda topics Task 1.2 Project Due Diligence/Community Engagement Framework Kimley-Horn understands the City has developed the Newport, Together outreach framework that provides the core outreach for the development of the General Plan Update. It is anticipated that Kimley-Horn will coordinate the required outreach activities to comply with statutory requirements to make "diligent efforts" to collaborate with the public and stakeholders in the planning process. As part of the outreach requirements of the Housing Element, outreach activities should be conducted with the public and stakeholders and provide opportunities to discuss housing related issues and fair housing issues, as required by statute. Kimley-Horn understands the City is just beginning Phase 2 of the engagement process, which includes an evaluation of the existing General Plan and share information on the RHNA process and allocation. Because the integration of these two processes will be very important to preserve the integrity of the outreach program, collaboration between Kearns and West (K&W) and Kimley-Horn is necessary. Task 1.2a: Newport Together Team Collaboration Meetings Kimley-Horn anticipates up to three meetings with the K&W team to accomplish the following task: • Housing Element outreach requirements • Methods and strategies to incorporate outreach in existing online platform • Effective methods to gather necessary inputs for the Housing, Land Use, and Circulation Elements and the proper timing of such activities Kimley-Horn anticipates a series of meetings/workshops to provide the necessary outreach consistent with the Newport, Together program. These activities are detailed in the subsequent tasks. It is anticipated that Kimley-Horn will be an active participant in the outreach activities in partnership with the City and any of the City's other consultants. Deliverables: • Up to 3 meetings with project team related to outreach • Annotated outlined of outreach activities, events and agenda topics Task 1.3 Project Schedule Due to the statutory deadlines imposed on the Housing Element 6th Cycle, timing of the components of this process is necessary to comply with state law and avoid any punitive consequences caused by failure to submit locally adopted and certified Housing Element to HCD by October 2021. Cit/ of Newport Beach Kimley ,>) Horn 30 Kimley-Horn will develop a comprehensive project schedule providing the necessary task, deliverables, and key milestones to successfully complete the project on time. The schedule will integrate the outreach components and necessary updates to the General Plan. Deliverables: • Project Schedule • Deliverables Schedule, inclusive of completion of Task 2.9 (Final Draft Housing Element) of the "anticipated work schedule" no later than the statutory due date of October 21, 2021 Task 1.4 Housing Element Update/Advisory Committee Meetings Kimley-Horn will participate in meetings with the Advisory Committee or other similar committees selected by the City Council to provide necessary guidance for updates to the Housing Element, Land Use Element, Circulation Element, Safety Element, and any other changes to the General Plan necessary to comply with state law and/or preferences expressed by the community and/or the City's elected and appointed officials. It is assumed the Housing Element Advisory Committee will lead the planning effort and City staff and the consultant team will function as staff for the Advisory Committee. Therefore, it is anticipated there will be various tasks, reports, presentations, or further study conducted by the consultant team to satisfy the needs of the Advisory Committee. An allowance of budget is assumed to accommodate various tasks that may be assigned. Pursuant to the RFP, Kimley-Horn assumes up to two meetings per month through October of 2021. The topics of these meetings will be generally centered around the following topics: • RHNA Process and Statutory Requirements of Housing Elements • Adequate Sites Requirements • Selection of Adequate Sites • Land Use Element Policy Considerations • Circulation Element Policy Considerations • Environmental Justice Policy Considerations • Safety Element Policy Considerations • Community Outreach Activities It is generally assumed that site selection and related policy/programmatic considerations will require multiple meetings/discussions. It is further assumed the Committee will focus on direction -setting and focus on individual topics selected by the Committee. For all Committee Meetings, Kimley-Horn will provide the relevant supporting materials, including background documentation and presentation materials, as needed. The Advisory Committee is expected to meet one to two times per month at a regularly scheduled date and time, as necessary. This will provide another venue for public participation and provide feedback to the overall planning process. It is understood Advisory Committee meetings will discuss goals and policies and provide Project updates. Kimley-Horn will participate in all Advisory Committee meetings and will prepare discussion materials and technical memorandums for the scheduled topics that will be determined during Task 1 of this scope of work. Kimley-Horn will take the lead in presenting the various topical areas listed below. • RHNA Process and Statutory Requirements of Housing Elements • Adequate Sites • Land Use Element Policy Considerations • Circulation Element Policy Considerations • Environmental Justice Policy Considerations • Safety Element Policy Considerations • Market Analysis • Fiscal Analysis • Community Outreach City of Newport Beach Kimley ))Horn 31 Deliverables: • Project Meeting Materials (text, tables, maps, PowerPoint presentation) • Meeting attendance up to two Kimley-Horn staff Task 2. Housing Element The development of the Housing Element Update will include the necessary analysis to comply with all recent statutory provisions, identification and selection of adequate sites, community engagement activities, and the requisite demographic, housing, and econometric analysis required by state law. Task 2.1 Housing Element Assessment Task 2.1a: Document Review Following the Kick -Off Meeting, Kimley-Horn will provide City staff with a listing of pertinent data that is necessary to complete the work program. Kimley-Horn will only request data that is proprietary to the City and not available publicly. Kimley-Horn will review all applicable City, regional, and State documents pertaining to the Housing Element update. This may include various policy and regulatory documents and other assistance programs. Kimley-Horn will be responsible for identifying and resolving any information gaps. Kimley-Horn anticipates a "turnkey approach" for data collection to the greatest extent feasible and will only request information that is proprietary to the City to minimize the work effort by City Staff. Deliverables: • Document Library List Task 2.1b: Evaluate the Current Housing Element As required by State law, Kimley-Horn will review and evaluate the 2014-2021 Housing Element and its programs. In general, the task will include a review of the appropriateness of the housing goals, objectives, and polices in contributing to the attainment of the stated housing goal; the effectiveness of the Housing Element in attaining community housing goals and objectives; and the City's progress in implementing the Housing Element. The report will include the following information: • Evaluate the status, effectiveness, and appropriateness of the current housing policy programs and identify any barriers to implementation; • Compare identified goals from the adopted Housing Element to actual accomplishments during the plan period; • Evaluate the existing Housing Element in relation to current State housing laws and identify any omissions or deficiencies. Deliverables: • Review of Past Performance Matrix Task 2.1c: Housing Needs, Constraints. Resources, Population, and Housing Profile As required by State law, Kimley-Horn will assess housing needs, constraints, and resources available. A population and housing profile will be conducted that summarizes, population and household characteristics, analysis of special needs populations, and units at risk of converting to market rate units. Housing constraints will identify non-governmental, governmental, and environmental constraints that may influence housing. Housing resources such as availability of vacant land, zoning to accommodate RHNA growth needs, and capacities of available sites will be analyzed. Funding and financing resources available to address housing needs will be identified. Opportunities for energy conservation will also be explored. Based on new housing law, the adequate sites analysis will be much more in-depth and detailed compared to prior planning periods. It is Kimley-Horn's experience that the new law will necessitate more details study of adequate sites to satisfy HCD standards. City of Newport Beach Klmley ,>)Horn 32 Deliverables: • Housing Profile Report • Adequate Sites Analysis • GIS Based Inventory of Sites • Data Tables, Maps, and Relevant Text Task 2.2 Develop Housing Plan As required by State law, Kimley-Horn will develop a Housing Plan the constitutes the policy component of the Housing Element. The Housing Plan will include prior policies from the 2021-2029 Housing Element that are still appropriate and will be supplemented by new policies and programs that address new Housing Element Law. The Housing Plan will identify policies and programs to address Conservation and Improvement, Availability and Production, Affordability, Removal of Constraints, and Equal Housing Opportunity. Policies and programs will be supplemented by Quantified Objectives by income category. Deliverables: • Housing Policy Plan • List of Quantified Objectives Task 2.3 Community Engagement Task 2.3a: Community Outreach Plan Kimley-Horn is suggesting an approach to public participation that provides for meaningful input and involvement. Visually engaging, interactive, and collaborative community and stakeholder workshops will have productive results for the City. Kimley-Horn will conduct community engagement workshop to solicit public comments on the Housing Element Update prior to initiating work on Housing Element components. Kimley-Horn will prepare and deliver utilizing a variety of "tools" such as PowerPoint presentations, informational handouts, visual aids, social media tools, and other materials to help participants understand the update process, issues to resolve (as identified during the current Housing Element Evaluation), and potential solutions. In collaboration with City staff, Kimley-Horn will identify key stakeholders. As part of the coordination of Task 1, Kimley-Horn will discuss with the Advisory Committee and staff approaches, key challenges, and various methods for effectively engaging City residents and decision makers in the planning process. Based upon this internal discussion, the Kimley-Horn team will formulate a Community Outreach Program that addresses the outreach strategies, dates, locations, participants, and other relevant data. City staff will be responsible for the scheduling of venues, staff coordination, and provide public noticing, facilities, set-up, and general meeting facilitation for all community engagement activities. Deliverables: • Draft Community Outreach Plan in electronic format Task 2.3b: Community i10lorkshop -x9 _. Introduction and Policy Considerations Kimley-Horn will facilitate an initial community workshop with the public and stakeholders to discuss the Housing Element update process. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders. The meeting will introduce participants to the RHNA process, Housing Element requirements, legislative requirements and engage in the identification of policy considerations. Participants will identify challenges, issues, and opportunities for the Housing Element. Deliverables: • Electronic copies (in PDF format) of draft presentation, handouts, etc. approximately two weeks prior to workshop. Kimley-Horn will revise materials as directed by City staff. City of Newport Beach Kimley,))Horn 33 Task 2.3c: Community Workshop #2 Kimley-Horn will facilitate a community workshop with the public and stakeholders to discuss the Public Review Draft Housing Element. Workshop #2 will build upon the information learned from Workshop #1 and provide draft analysis, policies, and programs for review and discussion. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders. Deliverables: • Electronic copies (in PDF format) of draft presentation, handouts, etc. at least two weeks prior to workshop. Kimley-Horn will revise materials as directed by City staff. Task 2.3d: Study Session with City Council Kimley-Horn will attend and facilitate one (1) study session/meeting with the City Council. As part of the work plan refinement process, Kimley-Horn can discuss with City staff the most effective approach for this meeting, including opportunities to ensure the involvement of key stakeholder groups, non -profits, and other members of the community. Deliverables: • Electronic copies (in PDF format) of draft presentation, handouts, etc revise materials as directed by City staff. • Draft language for Staff Reports Task 2.4 Draft Housing Element at least two weeks prior to study sessions/meetings. Kimley- Horn will Kimley-Horn will prepare a Screencheck Draft, Public Review Draft, and Final Housing Element. The Draft Housing Element will contain all of the requisite analysis required by state law and include all analysis conducted during previous tasks including demographic and housing data, review of past performance, sites analysis, and development of the Housing Policy program. Task 2.5 Screencheck Draft Kimley-Horn will prepare and submit a Screencheck Draft Housing Element to the City for review. The Screencheck Draft will be a complete draft and include all required components of a Housing Element as described in prior tasks, and will include all tables, maps, and graphics. Deliverables: • One electronic copy (in native file format and PDF format) of the Screencheck Draft Housing Element for City review and comment Task 2.6 Public Review Draft Kimley-Horn will prepare a Public Review Draft Housing Element based on City staff's comments on the Screencheck Draft. City staff will provide Kimley-Horn with comments on the Screencheck Draft within 14 calendar days for preparation of the Public Review Draft. Kimley-Horn will resolve any issues and make requested revisions to the Screencheck Draft to the satisfaction of the City. It is anticipated that the Public Review Draft will be made available for public review on the City's website and hard copies available at various locations in the City for review. Its is further assumed the Advisory Committee will present the Draft at a regularly scheduled Advisory Committee meeting. Deliverables: • One electronic copy (in native file format and PDF format) • 5 camera ready hard copies City of Newport Beach Kimley)>>Horn 34 Task 2.7 HCD Submittal Following all initial community outreach workshops and meetings, Kimley-Horn will prepare summary notes or minutes of the community workshop, and a summary of all other comments received during the public review period. Considering input received at the community workshop and any other input received during the public comment period, Kimley-Horn, in consultation with City staff, will revise the Public Review Draft Housing Element as deemed appropriate by the Advisory Committee. Once the Draft Housing Element is finalized, it will be submitted for an initial 60 -day review to the Department of Housing and Community Development (HCD) after required meetings and approvals from the Planning Commission and City Council. Kimley-Horn will prepare a transmittal letter to HCD detailing how the Housing Element meets State law requirements. The Draft Housing Element will be accompanied by a completed Completeness Review Checklist. Deliverables: • One electronic copy (in native file format and PDF format) of the transmittal letter and checklist to HCD Task 2.8 Responses to Comments Kimley-Horn will assist City staff with preparing responses to any public or agency comments (including HCD) on the Public Review Draft Housing Element. Based on our recent experience, the City should be prepared to receive considerably more comments during this Cycle. Response to comments may include direct changes to the Housing Element based on HCD comments to comply with statutory requirements or responses to the parry submitting comments. Task 2.9 Final Draft Housing Element Following review by HCD, Kimley-Horn will revise the appropriate sections of the HCD Submittal Draft Housing Element. This Final Draft Housing Element will be presented at public hearings before City Council. Deliverables: • One electronic copy (in native file format and PDF format) of the Final Draft Housing Element • 5 camera-ready copy of the Final Draft Housing Element Task 3. Land Use Element Amendments Pursuant to various new statutes, including AB 1397, adequate sites requirements will require an in-depth analysis of adequate sites. If sites are not available to accommodate expected RHNA growth in the planning period, the City must provide a rezoning program to address unaccommodated need. As zoning must be consistent with the General Plan, similar updates to the General Plan land use designations will be required. The Land Use Element Update will primarily rely on the necessary updates to the Housing Element to accommodate RHNA growth needs. Updates may include changes to the Land Use Element including new land use designations, revised descriptions of the purpose and intent of existing land use designations and additional land use considerations. Preliminarily, we propose that the updated Land Use Element be organized into the following sections: • General Plan land use designations, including descriptions of the range of allowed uses, densities, and intensities within each designation, and a land use diagram, created in GIS in, that illustrates the distribution, location, and extent of the land use designations. • Policy topics that are not tied to land use (e.g., sustainability, climate change, etc.) • Policy topics that are relative to land use type (e.g., residential, commercial, mixed use, etc.) • Policy guidance for specific Focus Areas of the city (e.g., Airport area) This element will describe the City's planning boundaries, including any revisions to the General Plan Land Use, Sphere of Influence, service area boundaries, and establish a strategy for growth that reflects the community's vision and supports the Housing, Land Use, and Circulation Elements and Climate Action Plan. Revisions to land use policy and land use designations will be based on these considerations. City of Newport Beach Kimley ,>) Horn 35 Task 3.1 Baseline Mapping/GIS Kimley-Horn will work with the City to obtain existing City GIS data and review City mapping protocol and requirements. Kimley-Horn will use ArcView-compatible shapefiles and/or geodatabases from the City for the development of the project's base map and subsequent thematic maps. All maps will be produced in ArcView and exported in a PDF format, and will identify the City boundary, Sphere of Influence (SOI), and Planning Area. After creating the initial base map, Kimley-Horn will provide a copy to the City for review and approval prior to use for subsequent mapping work. At the conclusion of the project, Kimley-Horn will provide an electronic database to the City containing all original data as well as project specific data layers modified or created by Kimley-Horn, along with pertinent metadata documentation. Deliverables: • Updated Land Use Map • Database of updated GIS information Task 3.2 Community Engagement for the Land Use Element It is understood that the Housing Element will be the primary impetus to land use changes in the community. It is further recommended that the Land Use Element community engagement be coordinated with the Housing Element and Circulation Element to ensure broad community understanding of the General Plan Update. Task 3.3 Update to Land Use Designation Descriptions Kimley-Horn will update Land Use designation descriptions to provide consistency with land use changes prompted by the Housing Element. This will include general descriptions of the purpose and intent of each land use designation and the appropriate densities and intensities. Updates to text, tables and graphics to recognize land use considerations that are not consistent with current law or no longer apply (e.g. redevelopment areas) will be required. Deliverables: • Updated textual descriptions of Land Uses Task 3.4 General Plan Buildout Analysis To assist in the development of the Housing Element and Circulation Element, a General Plan buildout analysis will be conducted. The buildout analysis will first determine the baseline existing land use conditions, including: • Existing "on the ground" land use • Buildout potential of existing land use policy • Net change between "on the ground" land use and existing General Plan buildout Once future land use changes are determined, a summary of buildout for the updated General Plan will be developed. The buildout summary will include: • Updated General Plan Land Use Capacities (theoretical and realistic) • Comparison of Existing "on the ground" versus land use capacities • Net Growth potential in dwelling units and non-residential square feet Deliverables: • Electronic database of Buildout Analysis in Excel and GIS formats • Summary table of buildout analysis City of Newport Beach Kimley ,>> Horn 36 Task 3.5 Updates to Goals and Policies In conjunction with the Housing and Circulation Elements, Kimley-Horn will update the City's Land Use Element goals and policies. The updates will ensure internal consistency amongst General Plan element pursuant to state law. New goals and policies will be added, as appropriate. Deliverables: • Draft and Final Land Use Element Goals and Policies Task 4. Circulation Element Review Task 4.1 Project Preparation, Community Outreach and Project Management a. /Ock-Off Meeting. LSA Associates will participate in the kick-off meeting and come prepared with the approved work plan and schedule. They will discuss project management protocols, reporting, milestones, and deliverables. LSA will have a general data needs list to share at the kick-off meeting. b. Review, Revision, and Execution of the Newport, Together Outreach Program. LSA Team members have already actively Mr. Petros led the Bicycle Safety Committee for three engaged in the outreach effort and have read all materials years and directed the preparation of the first City circulated to the public. They have listened to selected minutes Comprehensive Bicycle Master Plan. Additionally, Mr. of City Council meetings and spoken with Steering Committee Petros worked with staff on innovative features such members. Mr. Petros attended two of the District Workshops and as sharrows, buffered bicycle lanes, and the creative participated in the exercises as a Newport Beach resident. With their lane markings along Back Bay Drive. active experience, LSA will contribute to the overall Project Team in identifying the successes and the opportunities of the outreach effort. Focusing on mobility, LSA will create a white paper of methods to highlight accessibility and circulation issues in the community and crystallize policy and implementation alternatives to address them. These can then be worked into the outreach process. Effective outreach has dual purposes. It provides the public with valuable facts and truths regarding the agency proposals. At its best, outreach creates an informed stakeholder group that can then contribute wisely to the process and products. The additional function is ascertainment. A General Plan is an expression of the vision of the community, and effective outreach aids the public in expressing clearly their desires for the future of their home. LSA will identify where areas of the current outreach could be enhanced to provide greater information on the mobility setting in town and will offer methods to improve ascertainment in the outreach methods. Three (3) one and one-half hour meetings are programmed into this task. c. Project Schedule. LSA will review the Circulation Element within the context of the overall General Plan update schedule. Focus will be given to improved efficiency, eliminating overlap, enhancing communication and clearly identifying milestones and product deliverables. d. Steering Committee Meetings or Meetings of another Committee, including Advisory Committee Meetings. LSA has already had contact with members of the Steering Committee. They are familiar with its membership and have read its charter. LSA also understands that the Mayor may be creating a Regional Housing Needs Assessment (RHNA) or Housing Committee to assist in the General Plan Element updates. Regardless of the meeting composition or mission, LSA is ready to contribute to the subject matter knowledge base and assist in good policy making by committee members. LSA will attend up to 24 meetings with committees identified for this process. This is equal to two (2) meetings per month over a two (2) -year period. Task 4.2 Project Research and Data Collection a. Circulation Element Review. LSA believes three primary objectives exist for a successful General Plan Circulation Element effort: 1. An aspirational, yet achievable narrative, including goals, policies, objectives, and implementation measures, that clearly articulates the vision of mobility for the citizens of Newport Beach; 2. Strong correlation between the future of housing and land use, and the ability to move people, goods, and services at expected levels of performance; and 3. Legally defensible responses to the abundance of mandates handed down from regional governance and the State (e.g., complete streets, VMT thresholds, and Vision Zero, etc.). City of Newport Beach • - Kimley ))Horn 37 With this context, LSA will conduct a review of materials related to mobility in Newport Beach and the surroundings. The City 2006 General Plan is a popular document. It is referred to by all factions of the City as THE vision of Newport Beach. It has provided a successful road map for the City for almost a decade and a half. LSA will start with the underpinnings of the Circulation Element and create a matrix of key policy and implementation strategies. LSA will review recent Capital Improvement Projects and identify spending priorities by modes and location that will be added to the matrix. Mr. Petros, Project Manager and Principal in Charge, guided the preparation of the Bikeway Master Plan. As a local cyclist, he has a vested interest in its success. LSA will include its primary policy objectives and capital priorities in the matrix. Working with the Housing and Land Use Element team(s), LSA will document key connection and interstices to ensure correlation and integration between the elements and will add these to the matrix as well. Finally, LSA will describe external forces affecting mobility in the community. These may be regulatory and governmental (i.e., AB 1358, SB 375, and SB 743) and they may be market driven and disruptive (i.e., ride sharing, autonomous vehicles, and quieter jet engines). The final matrix will be the launch pad for consideration of trajectories for the Circulation Element development and will be referred to and updated as the Element is conceived. The policy framework must be measured against quantitative methods to gauge performance and assure outcomes. Through their work on SB 743 compliance for the City and their ongoing project -related impact analysis experience, LSA has a working knowledge of the Newport Beach Transportation Analysis Model (NBTAM) and is following the model update process. LSA will work with the City Traffic Engineer and the City's modeling consultant to coordinate necessary sensitivity runs and final model database modifications and outputs to reflect the Circulation Element descriptions. This may include review of the land use/socioeconomic database, the traffic analysis zonal structure, external traffic cordon stations, the roadway network, consideration of alternative modes and active transportation, methodologies related to VMT calculations, and more. Using the City's traffic count database and their knowledge of the Master Plan of Streets and Highways and other capital plans, LSA will create a setting for the existing condition of mobility in the City. LSA will create a series of technical memoranda and matrix updates that describe the progress of the Circulation Element preparation. Representative samples may include existing setting, policy framework, capital improvement plans, disruptive technologies, land use/ transportation integration, regional plans, and more. These will be prepared as communication pieces for staff to collaborate with the public and appointed and elected officials. They will also be made available to support the ongoing outreach with the Steering Committee and/or other committees created by the City Council. Task 4.3 Market and Fiscal Analysis There are no direct efforts for the LSA Team for this task. However, LSA will be available to provide their materials to the Market and Fiscal analyst(s). LSA will be available for one meeting to coordinate efforts, should that be necessary. Task 4.4 Environmental Analysis (Compliance with CEQA) There are no direct efforts for the LSA Team for this task. However, LSA will be available to provide their materials to the environmental consultant(s). LSA will be available for two meetings to coordinate efforts, should that be necessary. It should be noted that LSA is currently under contract for the City's development of new State CEQA Guideline thresholds for transportation analyses, consistent with SB 743. LSA will work with the environmental consultant to ensure that the City's adopted approach and thresholds are reflected in the Draft EIR. This will include one review of the Administrative Draft EIR and participation in the two meetings identified above. Task 4.5 General Plan Amendment This task focuses on the duties necessary to submit the adopted Housing Mr. Petros initiated and led the West Newport Element to the California Department of Housing and Community Residential Overlay in portions of District 2, Development (HCD) for review and approval. However, tasks are creating incentives for complete streets, walkable necessary to take the Circulation Element matrix and create the final neighborhoods, and pocket parks, all while creating Circulation Element. opportunities for intensified housing development.. LSA will fold the input from the public outreach and ascertainment with appointed and elected officials and frame the narrative of the Circulation 11�� Element. This will include the setting; opportunities and challenges; performance metrics; and goals, policies and objectives; as well as implementation strategies. LSA will create maps for the Master Plan of Streets and Highways, the Bikeway Master Plan, pedestrian plan, bay and waterway plan (if included in the Circulation Element), and any maps related to air travel and navigation. LSA will also include maps and diagrams related to the achievement of Complete Streets where identified in the City. This may come from the Orange County Complete City of Newport Beach : Klmley'Morn 38 Streets Initiative Manual or other related sources (e.g., the National Association of City Transportation Officials [NACTO], the California Environmental Protection Agency [CaIEPA], and SCAG, etc.). LSA will review the Draft Circulation Element for correlation and include mitigation measures from the EIR in the implementation strategies and associated maps where necessary. The Final Circulation Element will achieve the three objectives outlined at the outset of their work plan and will be transparently and publicly accomplished by virtue of the initial matrix and public input. Task 5. Transportation Technical Analysis Urban Crossroads, Inc. will conduct the requisite technical analysis necessary to provide input into the Program EIR document and assist in the preparation of the Circulation, Land Use, and Housing Element updates. Urban Crossroad's task will focus on Level of Service (LOS) and Vehicle Miles Travelled (VMT) as required by state law. Task 5.1 Analyze and Document Existing Conditions Urban Crossroads will document existing transportation network and other pertinent information for inclusion in the updated City of Newport Beach General Plan. This will include analysis of the following topical areas: ROADWAY SYSTEM 5.1.1 Determine project trip distribution patterns based on the NBTM in the area along with the planned circulation system. 5.1.2 Compile available peak hour intersection turning movement counts, at up to 66 study area intersections. The selection of study intersections will be based upon further consultation with the City Engineer. 5.1.3 Compile available 24 hour roadway segment counts at up to 70 roadway segments. The existing ADT at various roadway segments may be estimated based on a factor from peak hour volumes. The selection of roadway segments will be determined with further consultation with the City Engineer. 5.1 .4 Verify intersection traffic control measures, approach lanes at intersections, and through travel lanes along roadway segments. TRANSIT SERVICE 5.1.5 Document existing transit services within the City, including bus routes, transit stops and park andride facilities. ACTIVE TRANSPORTATION SYSTEMS 5.1.6 Compile and document data related to active transportation systems in the area such as trails, bicycle paths, and pedestrian paths. SUMMARY 5.1.7 Prepare concise summary memo with text, maps, tables, and diagrams of existing transportation conditions in the City. Task 5.2 General Plan Buildout (2040) Traffic Projections 5.2.1 Prepare long-range traffic forecasts for General Plan Buildout conditions based on the updated version of the Newport Beach Transportation Model (NBTM). 52.2 Review the initial estimates of the raw peak hour turning movement volumes for reasonableness, including the review of traffic flow conservation and peak -to -daily volume ratios. 5.2.3 Adjust the initial raw model estimates to achieve flow conservation, reasonable growth, and plausible diversion between parallel routes through post -processing. 5.2.4 Calculate General Plan Buildout (2040) peak hour turning movement volumes at up to 66 study area intersections. 5.2.5 Calculate General Plan Buildout (2040) future daily traffic flows on up to 70 study area roadway segments. City of Newport Beach Kimley>)Horn 39 Task 5.3 Intersection and Roadway Segment Analysis 5.3.1 Assess the intersection Level of Service (LOS), for up to 66 study area intersections, for each of the following traffic conditions • Existing (2019/2020) • General Plan Buildout (2040) without GP Element Updates • General Plan Buildout (2040) with GP Element Updates • General Plan Buildout (2040) with GP Update Alternative Scenario 5.3.2 Perform traffic signal warrant analyses, for unsignalized study area intersections, for each of the traffic scenarios listed in Task 3.1. 5.3.3 Identify physical improvements need to achieve/maintain acceptable level of service (LOS) at each study area intersection for each of the traffic scenarios listed in Task 5.3,1. 5.3.4 Determine future circulation needs to maintain a sustainable balance between environmental concerns, community objectives, and facility performance (mobility and safety). 5.3.5 Review the findings of the traffic impact analysis in the context of local and regional funding programs. Based on an understanding of the future improvement requirements needed to accommodate the proposed General Plan, identify which facilities are currently included in an adopted fee program, and which facilities may require additional "non -program" improvements. Task 5.4 Active Transportation Modes and Vehice Miles Traveled (VMT) Pursuant to new statutory requirements, Urban Crossroads will conduct an analysis of Vehicle Miles Travelled (VMT). This analysis will be conducted in concert with the LOS analysis described in previous tasks and will be utilized in the Circulation and Land Use Element Update to evaluate future impacts and identify potential mitigations. 5.4.1 Newport Beach recognizes the value of providing opportunities for local residents and visitors to safely walk or bicycle or use transit for transportation and recreation. Urban Crossroads will collaborate with City staff members and the consultant team to document accommodations for alternative modes and identify feasible active transportation improvement measures within the City. 5.4.2 Urban Crossroads will prepare estimates of Vehicle Miles Travelled (VMT) related to existing and future land uses in the City of Newport Beach General Plan Update based upon NBTM. The City of Newport Beach is developing separate VMT thresholds for population and employment. The methodology for these VMT estimates will be further discussed with City technical staff members during the transportation analysis. 5.4.3 For the future scenario with GP Element Updates, exhibits will be prepared which illustrate City areas with VMT / population and VMT/ employee lower than the average County VMT rates, as well as areas VMT / population and VMT/employee higher than averages. 5.4.4 Existing transit availability is useful in identifying high quality transit areas for use in VMT criteria. Bus routes with 15 minute or less headways during peak hours will be examined. 5.4.5 Identify potential mitigation measures and estimated effectiveness in reducing VMT in terms of percentage reduction of VMT for each measure. Task 5.5 Transportation Technical Analysis Meetings 5.5.1 Attend up to twenty four (24) meetings with City staff and Project team throughout the transportation analysis process. Task 5.6 Transportation Analysis Report and Responses;'Revisions 5.6.1 Summarize results of the analysis and findings in a draft traffic study report to be submitted to the consultant team and City of Newport Beach for review. 5.6.2 Based upon comments received from the consultant team and City of Newport Beach, a revised traffic study report will be prepared for inclusion in the Draft PER. City of Newport Beach Kimley >) Horn 40 Task 5.7 Response to Traffic Comments on the Draft EIR 5.7.1 Urban Crossroads will assist the EIR preparer in responding to comments received on the Draft EIR. Written responses regarding traffic related comments received on the EIR will be provided by Urban Crossroads to the EIR preparer. Deliverables/Timing: It is estimated that the Transportation Analysis will be completed in 60 working days from the date of Client's authorization and subsequent receipt of all requested data essential to complete the study. Additionally, any delays resulting from circumstances beyond our control, such as environmental occurrences, changes in the project description, and/or modifications in public/private policy may extend the time schedule. As part of the Transportation Analysis, Urban Crossroads will coordinate with the City of Newport Beach to refine this scope of work. At that time, the City may decide to expand the study area and/or change some of the project assumptions that could potentially require a budget augmentation. If the City of Newport Beach requires more than 66 future study area intersections, Urban Crossroads will advise the Client of potential changes associated with the additional work effort. A PDF (electronic) version of the Transportation Analysis report will be provided for the client's use. Task 6. Environmental Justice Policies As required by SB 1000, state law requires local governments to prepare and adopt an Environmental Justice Element or environmental justice related policies into other elements of the General Plan. While either approach is appropriate to comply with statutory requirements, the approach to integrating policies through the General Plan is recommended. The advantages of this approach is that it provides stronger interrelationship of environmental justice policies throughout other General Plan elements. However, this approach may make it more difficult to distinguish environmental justice components in the General Plan. With the new requirement pursuant to AB 686 for Housing Elements to Affirmatively Further Fair Housing (AFFH), addressing "patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity for federal and state protected classes," the Housing Element therefore provides extensive analysis to address AB 686. It should be noted that HCD has not yet released guidance on the extent of analysis requirement to implement AB 686. It is anticipated the majority of Environmental Justice goals and policies will be contained within the Land Use and Housing Element, but other Elements may provide the opportunity to incorporate or reinforce policy. Deliverables: • Draft and Final Environmental Justice Goals and Policies Task 7. Market and Fiscal Analysis The Market and Fiscal Analysis scope of services considers Keyser Marston's extensive experience in the Southern California market area and the City's unique market characteristics. To this end, the KMA analysis will include: Task 79 Background Data Collection & Study Review As a preliminary step, KMA will detail the residents' socio-economic characteristics, identify business and employment categories in the City and review existing market research prepared for the City. Task 7.2 Market Assessment KMA will provide an overview of the market characteristics exhibited by the residential, office, industrial, hospitality and retail uses in the market area. Based on the assessment of current market conditions KMA will identify development opportunities and constraints for these land uses in the City and for seven areas of focus, which include: • Airport • Fashion Island Cit/ of Newport Beach • Newport Center • Newport Coast Westcliff/Dover • West Newport Mesa • Mariner's Mile Kimley ,>> Horn 41 KMA will: • Review real estate market conditions including: sales prices, sales activity/absorption in the region, current rents, marketplace voids and recent/proposed developments. • Collect population, household and employment growth projections for the market area and region. • Review current retail sales in the City, Market area and County. • Review existing employment and business patterns in the County and the market area to gain an understanding of the mix of jobs suited for new development and the demand they could generate. • Summarize countywide employment patterns and identify key industries with strong pay levels. • Prepare a surplus/leakage analysis for the market area to identify the type and scope of retail development that could be supported. • Review sales prices for new and existing for -sale residential in the market area. • Summarize current apartment rents, vacancy and demand by type of unit in the market area. • Prepare residential and office demand projections, which will assist the team in identifying potential development opportunities for the area. • Contact brokers and developers active in the region, as their insights are invaluable for assessing the current and future market conditions. • Evaluate opportunities for mixed — use development, particularly in the Airport, Mariner's Mile and Westcliff/Dover focus areas. • Evaluate recreational and marine -commercial opportunities for the Newport Center and Mariner's Mile focus areas. • Evaluate medical office opportunities, in particular for the Newport Center and West Newport Mesa focus areas. Task 7.3 Fiscal Analysis For the existing general plan baseline conditions and three alternative scenarios, KMA will evaluate the fiscal impact of the proposed land use options. KMA will utilize the currently available fiscal model developed by others to conduct the fiscal analysis. It is anticipated that KMA will provide the assumptions and inputs into the model and coordinate with the consultant who created the fiscal model. Utilizing the City's current fiscal model, this analysis will include: • Projection of Annual Plan Revenues— KMA will estimate the gross annual recurring tax revenues and subvention revenues to be generated by the build out of the general plan and the alternative scenarios, which are allocated to the City's General Fund over 20 years (excludes non -General Fund Revenues). The major revenues anticipated to be quantified include the following: » City's share of annual property tax revenues generated by the area; » City's subvention revenues (e.g., motor vehicle in -lieu fees); » City's share of sales tax revenues generated by the residential and commercial uses; » Other revenue sources; and Transient occupancy tax revenues, if any. • Projection of Annual Plan Service Costs — The second focus of the analysis is the assessment of annual General Fund operating and maintenance costs related to providing services such as police protection, public works, parks and recreation, and general administration, etc. The major steps or tasks to identify costs are: » Review and analyze the City's budget, and other written materials to identify the cost experience and current annual operating expenses incurred by the City in serving its existing population. Identify applicable service standards in the General Plan. » Confirm a set of basic cost and revenue assumptions derived from the City's budget. Deliverables: • KMA will prepare a summary memorandum at the completion of the Market Assessment and Fiscal Analysis. iusk /.4. Market and Fiscal Meetings For the purposes of this analysis, KMA has assumed we will be required at four meetings with City staff and/or the project team. Any City or project team meetings in excess of this amount will be charged on a time and materials basis based on the attached schedule of fees. City of Newport Beach Kimley , Horn 42 Deliverables: • KMA will attend up to four meetings with City staff. Task 8. Public Hearings and Adoption Kimley-Horn will attend up to one (1) public hearing before the Planning Commission and one (1) public hearing before the City Council. Kimley-Horn will assist in preparing and delivering a PowerPoint presentation, drafting staff report language, and responding to questions at the public hearings. Deliverables: • Electronic copies (in PDF format) of draft presentation, handouts, etc. at least two weeks prior to public hearings. Kimley-Horn will revise materials as directed by City staff. • Attendance by up to two (2) Kimley-Horn staff Task 8.1 Final Housing, Land Use, Circulation, and HCD Certification Based on the City Council direction, Kimley-Horn will make final revisions and prepare a Final Housing, Land Use, and Circulation Updates, inclusive of Environmental Justice policies. The Housing Element will be prepared for final HCD certification. Kimley-Horn will transmit the Final Housing Element to HCD for certification, and will maintain ongoing communication with the State until the Housing Element is officially deemed certified. Deliverables: • One electronic copy (in native file format and PDF format) of the Final Housing Element • 5 thumb drive copies • 5 camera-ready hard copies of the HCD-certified Final Housing Element a. Housing Element Review. Review and evaluate the current Housing Element to determine the revisions that must be msde to comply with State Housing laws and HCD requirements. Identify and update all obsolete information, including tables, exhibits and illustrations. Considerations to be included into the Final Draft Housing Element may include: i. Housing Needs Assessment. Using demographic, economic, infrastructure, and housing data, the Consultant shall quantify and analyze the existing and projected housing needs consistent with State housing law. iii. Constraints Analyses. Identify governmental and nongovernmental constraints to housing production and help to shape strategies to address any identified constraints. iii. Identification of Housing Resources. Identify programmatic, physical and financial housing resources available in the City. iv. Sites Inventory Analysis. Preparation of a sites inventory analysis in a form consistent with the requirements of HCD to show the relationship between the City's Regional Housing Needs Assessment (RHNA) allocation, the dwelling unit capacity, availability of potential housing sites based on zoning, infrastructure, and General Plan policies, requirements and limitations. An inventory shall also be prepared for assisted housing units. V. Housing Opportunity Sites Identification. The updated Housing Element will require the preparation of a Housing Opportunity Sites listing. The Consultant will need to assist the City in developing the listing to accommodate the final RHNA including the breakdown for very low-, low- and moderate -income housing categories. vi. State Legislation Analysis. Provide an analysis regarding how recent State legislation will affect the City's operations and regulatory authority, and propose new strategies to ensure the City's compliance. The Consultant shall include a discussion on the implementation of the Senate Bill 35 streamlining process. vii. Climate Change Adaptation and Safety Hazards. Throughout Element preparation, the Consultant shall be mindful of hazards from climate change, sea level rise, flooding, as well as the risk of wildland fires and earthquakes. The City will be updating its Safety Element on a separate timeline. Cit/ of Newport Beach Kimley))Horn 43 b. Land Use Element Review. Review of the Land Use Element in conjunction with the Housing Element Update analyses to identify which areas must be updated for consistency and in furtherance of those sites identified in the updated housing opportunity sites inventory. Considerations for the Update to the Land Use Element may include: I. Potentially Change Land Use Designations and Density. The current draft RHNA methodology indicates that the City must plan for 4,832 units for the next 8 -year planning period. The consultant will work with the City and the Community to identify sites with the Housing Element update and prepare necessary updates to the Land Use Element to maintain consistency between the two elements. iii. Land Use Element Policy Review. The Land Use Element contains numerous policies that guide development and restrict development of housing. The policies need to be reviewed to determine whether they are significant impediments to housing development. The consultant will need to conduct the review and offer recommendations for community consideration. iii. Local Coastal Program. The City's Local Coastal Program (LCP) was certified by the California Coastal Commission in 2017. The Update process might involve changes to land use or other policies applicable to the Coastal Zone and amendments to the LCP may need to be considered to maintain consistency. c. Circulation Element Review. Review of the Circulation Element in conjunction with the Housing Element and Land Use Element analyses to identify which areas must be updated for consistency and in furtherance of those sites identified in the updated housing opportunity sites inventory. Considerations for the Update to the Land Use Element may include: I. Complete Streets. Review of the Circulation Element and Master Plan of Arterial Highways, the City's Bikeway Master Plan, other relevant plans to incorporate "Complete Streets" requirements consistent with current general plan requirements. ii. Currently Emerging Trends. Evaluate emerging mobility trends (i.e. autonomous vehicles, ridesharing services, etc.) and identify appropriate policies or amendments that meet community goals and are consistent with the Land Use Element. iii. City Traffic Engineer Oversight. City Traffic Engineer Tony Brine, P.E. will be overseeing the preparation of the Circulation Element update and any traffic/transportation studies necessary for environmental review purposes in concert with Community Development Department staff. The City traffic model is in the process of being updated by Urban Crossroads under an existing contract with the City. The Consultant will be responsible for coordinating with the City Traffic Engineer, Community Development staff, Urban Crossroads and any other consultants to incorporate the work product within the update. d. Market Analysis. The foundational information for housing, land use, and circulation discussions. Key areas shall be evaluated, including: 1) Airport area - office trends, mixed-use viability; residential opportunities and market absorption, minimum square footage of commercial. 2) Fashion Island - regional commercial trends, office and entertainment trends. 3) Newport Center - office trends, residential demand/ need. Provide additional market analysis for key uses such as residential, hospitality, medical office, harbor excursion, restaurants, and recreational activities. 4) West Newport Mesa, including Banning Ranch - industrial and commercial trends, including medical office space, and residential demand/need and opportunities. 5) Newport Coast - residential demand/need and opportunities. 6) Mariner's Mile - mixed-use viability, commercial trends; additional analysis could include marine -commercial trends, including key uses like excursions, restaurants, and recreational activities. 7) Westcliff/Dover Area - mixed-use viability, residential demand/need and opportunities. e. Fiscal Analysis. Identify existing General Plan baseline conditions and later analyze effects of various land use options. A fiscal model was created for the 2006 General Plan update by Applied Development Economics, Inc. (ADE). Doug Svensson, AICP at ADE has updated the model and conducted focused studies on project -specific needs. The City does not anticipate creating a new fiscal model at this time for budgetary reasons unless there are compelling reasons to consider the creation of a new model. Task 9. Environmental Compliance The General Plan Update will be prepared in accordance with the requirements in the California Environmental Quality Act (Public Resources Code 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Section 150000 et sec.), and the Newport Beach City Council Policy K-3, "Implementation Procedures for the California Environmental Quality Act." The EIR will consider appropriate environmental issues and concerns, balancing community and public agency interests within the boundaries of the regulatory review process and procedures. City of Newport Beach , _ - "imley �)> Horn 44 Kimley-Horn anticipates a Program EIR will be the appropriate environmental clearance document for the General Plan update, The Program EIR for the General Plan update will serve as the Program Environmental Document and baseline for future project applications and improvements that are processed in the City. The Kimley-Horn team will prepare CEQA notices, consult with affected public agencies, prepare technical studies, prepare the Administrative Draft, Draft, and Final EIR, prepare the Mitigation Monitoring Program, prepare the Statement of Facts and Findings, and prepare the Statement of Overriding Considerations. The EIR work program includes the following tasks: Kimley- Horn will provide the Environmental Scope of Services specifically set forth below for preparation of CEQA documentation. It is anticipated the project will be further refined through community outreach efforts. In anticipation of the CEQA Project's evolution, Kimley-Horn will guide and collaborate with the City to develop a candidate site's land use database that will serve as an interactive tool during this process. This Scope assumes a maximum of two CEQA Project refinement cycles; the City to provide one reconciled set of comments for each deliverable, and that comments will not raise new substantive issues requiring re -analysis; and a policy -level analysis, with technical studies to support the future developments prepared at the time of the development applications. Task 9.1 Project Description The Project Description will detail the project's location, environmental setting, background and history, characteristics, discretionary actions, goals/objectives, agreements, and required permits and approvals. This task includes development of a candidate site's land use database that will serve as an interactive tool during the CEQA Project refinement cycles. Deliverables (note: a comprehensive list of deliverables is provided later in this proposal) • Draft Project Description; and Final Project Descriptions Task 9,2 Senate Bill 18 (SB18) and Assembly Bill 52 (AB52) Native American Communications Kimley-Horn will provide SB 18 Native American Consultation assistance, as directed by the City. We will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) Search and an SB 18 list of Native American tribes and individuals to contact. Using the NAHC's SB 18 list, Kimley-Horn will draft SB 18 letters for City distribution. Using the City's Native American tribal contacts list, we will draft AB 52 letters for City distribution. It is expected that one or more requests for consultation will be requested. Deliverables • SB 18 Consultation Letters and AB 52 Consultation Letters • Participation in two consultation meetings Task 9.3 Initial Study/Notice of Preparation (IS/NOP) The City has determined that the project may have a significant effect on the environment and an EIR will be required. Based on the City's decision to prepare an EIR, and as permitted by the State CEQA Guidelines Section 15063, Kimley-Horn recommends that an Initial Study not be prepared. Instead, Kimley-Horn recommends preparation of an expanded NOP with Project information that meets all CEQA requirements and provide additional explanation of the intended CEQA process, scope, and schedule. The NOP will also identify the date and location of the Scoping Meeting. Kimley-Horn will respond to one reconciled set of City comments on the draft NOP and prepare a check copy for approval prior to public release. The NOP will be filed with the County Clerk -Recorder and will also be provided to the City for posting on the City's website. This task includes certified NOP mailing to responsible agencies. We will also prepare and submit the Notice of Completion (NOC) and attach relevant information from the NOP to the State Office of Planning and Research's State Clearinghouse. Deliverables • Notice of Preparation and Notice of Completion City of Newport Beach - Kimley o Horn 45 Task 9.4 Scoping Meeting Kimley-Horn will conduct one public scoping meeting during the 30 -day NOP public review period. The scoping meeting can be a separate meeting or a study session or agenda item designed for the general public before the Planning Commission. The scoping meeting provides another opportunity for the community to gain an understanding of the proposed General Plan project, key issues to be addressed in the EIR, and provide comments on environmental concerns. The scoping meeting will orient the community on the CEQA review process and will be presented in a manner which the community can gain a greater understanding of the project, intent of CEQA, and the key issue areas to be addressed in the EIR. We will prepare comment cards and a PowerPoint presentation for the scoping meeting, and will be prepared to respond to questions related to the CEQA process. Comments received in response to the NOP and at the Scoping Meeting will be evaluated during Administrative Draft EIR preparation. Following the close of the public comment period, Kimley-Horn will compile and summarize the comments received and submit the summary to the City in the form of a Scoping Memo to ensure that the points raised during scoping are documented. At the conclusion of the public comment period, Kimley-Horn will work with City staff to determine if project modifications or adjustments can be made early in the process to address regulatory or community issues, and/or promote features desired by the community and acceptable to the City. Deliverables • Scoping Meeting • Scoping Memo Task 9.5 Environmental Impact Report The EIR will include the following sections: • Executive Summary • Introduction • Project Description • Environmental Analysis: Existing Conditions; Evaluation of Project and Cumulative Impacts; and Mitigation Program • Long -Term Implications of the Project • Project Alternatives • Agencies, Organizations and Persons Consulted • Preparers and References Task 9.6 Environmental Analysis The EIR Environmental Analysis sections will discuss the existing conditions for each environmental issue area; define the criteria by which significance determinations will be made; identify and evaluate short- and long-term environmental impacts; and provide levels of significance before and after the application of the Mitigation Program. Mitigation will consist of General Plan policies and other program -level measures, as necessary. The EIR is expected to evaluate the following environmental topics: • Aesthetics • Cultural Resources Hazardous Materials • Public Services and Recreation • Agriculture and • Energy • Hydrology and Water Quality • Transportation Forestry Resources • Geology and Soils • Land Use and Planning • Tribal Cultural Resources • Air Quality • Greenhouse Gas Emissions • Noise • Utilities and Service Systems • Biological Resources • Hazards and • Population and Housing • Wildfire Task 9.7 Alternatives to the Proposed Action Kimley-Horn will analyze a "reasonable range" of alternatives, comparing each alternative's impacts for each environmental issue to the project. Preliminarily, the range of alternatives will consist of the No Project (no changes to the Housing Element assumptions) and two other alternatives to be developed through the public outreach and environmental analysis process. A level of detail will be provided to allow City of Newport Beach Kimley>>Horn 46 decision makers to gain a greater understanding of the alternatives. We will discuss, as required by the CEQA Guidelines, the advantages and disadvantages of each alternative and the reasons for rejecting or recommending the project alternatives stated. This alternatives section will culminate with the selection of the environmentally preferred alternative in accordance with CEQA requirements. Task 9.8 Revised Administrative Draft EIR (Administrative Draft EIR ll) Kimley-Horn will revise the Administrative Draft EIR I based on City comments. The revised Administrative Draft II will be provided to the City in track/changes and will be prepared in conformance with the Scope of Work. Kimley-Horn will respond to one reconciled set of City comments on the Administrative Draft EIR. Task 9.9 Proof Check Draft EIR and Public Review Kimley-Horn will incorporate comments from two Administrative Draft EIR review cycles to prepare a "proof check" copy of the Draft EIR, which will be provided to the City for final approval prior to reproduction and distribution. We will also prepare the Notice of Completion (NOC) and Notice of Availability (NOA) for City review and approval. We will be responsible for reproduction and distribution of the Draft EIR, the NOC to the State Clearinghouse, and the NOA consistent with the NOP distribution list. This effort also includes preparation of the document in PDF format for CDs and posting on the City's website. Kimley-Horn will file the NOC with the County Clerk -Recorder; the City will be responsible for any newspaper notices. Deliverables • Administrative Draft EIR I (one review cycle) • Administrative Draft EIR II in track/change (one review cycle) • Proof Check Draft EIR • Draft EIR Reproduction and Distribution • Web -ready version of Draft EIR with technical appendices • Notice of Available and Notice of Completion Task 9.10 Final EIR Task 9.1Oa: Responses to Comments Kimley-Horn will prepare responses to comments received during the Draft EIR public review period. Comment letters will be bracketed into discrete questions for response. Where multiple comments are received on the same issues, topical responses will be prepared. This Scope assumes the preparation of a separate Responses to Comments document, which will include an introduction describing the public review process; a list of commenters; and copies of all written comments and minutes from public hearings where comments were received; written responses to environmental comments; and an Errata if needed. Upon receipt of one reconciled set of City comments, Kimley-Horn will revise, as necessary, the draft responses; coordinate with the technical team members regarding the revisions; and provide a check copy to the City for final review. We will mail responses to public agencies that provided comments on the Draft EIR. This Scope assumes up to 100 hours of professional staff time for preparation of the Responses to Comments document. If it appears that additional effort will be necessary because of the number and/or complexity of the comments, we will notify the City that a contract augment would be required. Task 9.1Ob: Mitigation Monitoring and Reporting Program Kimley-Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) consistent with the City's standard format to identify appropriate monitoring steps/procedures to provide a basis for monitoring such measures during and upon project implementation. The MMRP will include the Project Design Features, Standard Conditions, and Mitigation Measures needed to mitigate significant project impacts; the Monitoring Milestone (indicating points at which each agency/department is responsible for verifying implementation of the measure); Method of Verification (such as documentation or field checks); and a verification section for the initials of the verifying individual, date of verification, City of Newport Beach . Kimlep> Horn 47 and pertinent remarks. Kimley-Horn will prepare a Draft MMRP that will be submitted to the City for review. We will respond to one reconciled set of City comments. If the Planning Commission or City Council modifies the project and/or recommended conditions of approval/mitigation measures for the proposed project, Kimley-Horn will revise the MMRP. However, substantial modifications are not assumed. Task 9.10c: Findings of Fact and Statement of Overriding Considerations Kimley-Horn will prepare the Findings in accordance with State CEQA Guidelines Section 15091 and Section 15093 and in a format specified by the City. Kimley-Horn will submit the Draft Findings for City review and respond to one reconciled set of City comments. A Statement of Overriding Considerations will be drafted, as needed, and submitted to the City for use in the project review process. Task 9.11 Notice of Determination Kimley-Horn will prepare the Notice of Determination (NOD) for review by the City. Upon Final EIR certification and project approval, we will file the NOD with the County Clerk -Recorder and the State Clearinghouse. This Scope includes expenses associated with California Department of Fish and Wildlife (CDFW) fees. Deliverables • Responses to Comments • MMRP • Findings of Fact and Statement of Overriding Consideration • Notice of Determination Task 9.12 Environmental Project Management Kimley-Horn will be responsible for Environmental Project Management, including team management and coordination, and ongoing consultation with the City. Rita Garcia will serve as the Project Manager responsible for supervision of the Kimley-Horn Team. Rita will provide overall project coordination and review the EIR for compliance with CEQA requirements and guidelines and City CEQA procedures. Project management responsibilities include task scheduling and assignment; contract administration and accounting; and coordination and communications with the City. Task 9.13 Meetings and Hearings In accordance with the RFP, this task assumes attendance at the following meetings and public hearings: • Kick-off Meeting • Scoping Meeting • Six Project Coordination Meetings • One Study Session and Four Public Hearings On a monthly basis, Kimley-Horn will provide progress reports summarizing all work progress and billings to date. Each report will address potential issues that may affect the project milestones, as well as recommendations to keep the project on track. Hours for the Kick-off Meeting and the Scoping Meeting are assumed in their respective task budgets. For budgeting purposes, meeting attendance is identified under the billing rate for Rita Garcia. Additional meeting attendance by Kimley-Horn or attendance by other team members will be billed on a time -and -materials basis. City of Newport Beach , Kimley,))Horn 48 Summary of Deliverables and Project Assumptions Our Scope of Work and cost proposal are based on submittal of all products and deliverables as set forth below. Internal review documents will be provided as electronic files; print copies are not assumed unless otherwise noted. Kimley-Horn will be responsible for reproduction and distribution of all notices and documents. All distribution lists will be prepared by the City. Notices and CEQA documents will be provided in an HTML, or other acceptable web -friendly format in order that text and graphics can be easily placed on the City's website. • Draft Project Description • EIR Outline • Notices » Draft Notice of Preparation/Notice of Scoping Meeting » Notice of Preparation/Notice of Scoping Meeting — 24 print copies, 30 CDs, and transmittal in electronic format for posting on the City's website. The NOP will be reproduced and distributed by Kimley-Horn. The NOP will be filed with the County Clerk -Recorder. The notice will be sent by certified mailing to responsible agencies. We will also prepare and submit the Notice of Completion to the State Office of Planning and Research's State Clearinghouse. » Notice of Availability of the Draft EIR — 24 print copies and transmittal in electronic format for posting on the City's website. The Notice of Availability will be reproduced and distributed by Kimley-Horn. We will file the notice with the County Clerk -Recorder, » Notice of Completion —15 print copies of the Executive Summary, 15 CDs of the EIR with technical appendices, and the Notice of Completion will be submitted to the State Clearinghouse. » Notice of Determination. Kimley-Horn will file the Notice of Determination with the County Clerk -Recorder, and transmit the notice to the State Clearinghouse. » Payment of California Department of Fish and Wildlife fees are excluded from our fee estimate. • Scoping Meeting Materials. Kimley-Horn will be responsible for preparing a PowerPoint presentation, handouts, and comment cards. • Administrative Draft EIR I — 2 print copies and electronic copy. Technical appendices to be delivered on an USB flash drive or in an electronic format. • Administrative Draft EIR II — 2 print copies and electronic copy. Technical appendices to be delivered on an USB flash drive or in an electronic format. • Pre-print Proof Draft EIR —1 electronic copy with technical appendices to be delivered on an USB flash drive or in an electronic format. • Draft EIR —The documentations shall be provided as follows: » Up to 24 print copies of the EIR » 54 CDs of the EIR and technical appendices » Draft EIR and technical appendices in an acceptable web format, so text and graphics can be easily placed on the City's website. This task shall include breaking the document in smaller, easily downloadable portions. » Technical Reports — One print copy each draft and final technical report. All technical reports in electronic format. ■ Response to Comments — Up to 24 print copies distributed to commenting agencies. • MMRP and Findings —To be delivered in an electronic format. • Final EIR: Draft EIR, Responses to Comments, MMRP— 24 print copies (excluding EIR technical appendices), 30 USB flash drives or in an electronic format. City of Newport Beach , KimleyoHorn 49 `rl s3 3$ {e � I M I EXHIBIT B SCHEDULE OF BILLING RATES Kimley-Horn and Associates, Inc. Page B-1 EXHIBIT B CITY OF NEWPORT BEACH - ESTIMATED FEES PrincipalPrincipal I SupportProject Planner Planner Planner I TASK Mgmt Graphics. TASK ONE: PROJECT PREP, OUTREACH, PM 4 . . . Crossroads . $420 1.1 Kick -Off Meeting 4 4 $1,502 $3,270 1.2 Project Due Diligence/Outreach Framework 6 8 $2,986 1.2a Newport, Together Team Collaboration Meetings 3 14 14 8 $7,148 1.3 Project Schedule 3 10 3 $2,855 1.4 Steering Committee/Advisory Committee 68 total 578 442 306 $269,484 TASK TWO: HOUSING ELEMENT ASSESSMENT 4 $420 2.1a Document Review 2 $550 2.1b Evaluate Current Housing Element 3 $825 2.1c Needs, Constraints, Resources/Housing Profile 12 36 80 80 $34,000 2.2 Develop Housing Plan 4 16 24 $8,548 2.3a Community Outreach Plan 2 2 8 12 $3,756 2.3b Workshop #1 6 12 24 $6,534 2.3c Workshop #2 6 12 24 $6,534 2.3d City Council Study Session 6 12 10 $4,854 2.4 Draft Housing Element $0 2.5 Screen Check Draft Housing Element 4 4 40 60 $15,840 2.6 Public Review Draft 4 4 20 30 $8,900 2.7 HCD Submittal 2 4 10 20 $5,480 2.8 Response to Comments 6 6 30 30 $11,550 2.9 Final Draft Housing Element 4 4 8 12 $4,736 TASK THREE: LAND USE ELEMENT AMENDMENTS 4 $420 3.1 Baseline Mapping/GIS 4 20 60 $11,640 3.2 Community Engagement 2 8 12 $3,326 3.3 Update to Land Use Designations 2 10 20 $4,620 3.4 General Plan Buildout Analysis 2 4 30 36 $10,740 3.5 Update to Goals and Policies 2 8 20 $5,610 TASK FOUR: CIRCULATION ELEMENT REVISIONS 4 $420 4.1 Preparation, Outreach & Management 1 $99,600 $99,600 4.2 Project Research & Data Collection 41 12 $20,200 $23,304 4.3 Market & Fiscal Analysis $4,250 $4,250 4.4 Environmental Analysis $12,400 $12,400 4.5 General Plan Amendment 4 16 $58,600 $62,372 TASK FIVE: TRANSPORTATION TECHNICAL ANALYSIS 4 $420 5.1-5.3 Existing and Future Conditions, LOS Analysis 4 1 16 $148,000 $151,772 5.4 Alternative Modes, VMT $42,300 $42,300- 5.5 Meetings $20,900 $20,900 5.6 Draft Report and Responses/Revisions 4 16 $27,800 $31,572 5.7 Response to Draft PEIR Comments $10,300 $10,300 TASK SIX: ENVIROMMENTAL JUSTICE POLICIES 2 12 16 4 $6,222 TASK SEVEN: MARKET AND FISCAL ANALYSIS 4 $420 7.1 Background and Data Collection 2 $2,490 $3,040 7.2 Market Assessment 3 $26,640 $27,465 7.3 Fiscal Analysis 3 $26,930 $27,755 7.4 Market and Fiscal Meetings 3 $9,500 $10,325 TASK EIGHT: PUBLIC HEARINGS AND ADOPTION $0 8.1 Final Elements/HCD Certification 12 6 16 16 $9,182 TASK NINE: ENVIRONMENTAL COMPLIANCE 4 $420 9.1 Project Description 27 1 45 $12,825 9.2 SB 18/AB 52 Consultation 4 9 $2,180 9.3 IS/NOP 9 31 9 $7,140 9.4 Scoping Meeting 9 24 0 $5,355 9.5-9.8 Environmental Impact Report 125 175 300 50 $104,850 9.6 Environmental Analysis $0 9.7 Alts to Proposed Action $0 9.8 Revised Admin Draft EIR $0 9.9 Proof Check Draft EIR and Public Review 18 40 60 24 $21,350 9.10 Final EIR $0 9.1Oa Response to Comments 24 24 52 24 $19,368 9.10b MMRP 2 12 $1,990 9.10c Findings/Overriding Findings/OverridingConsiderations 24 36 $10,920 9.11 Notice of Determination 2 $240 9.12 EIR Project Management 60 $16,500 9.13 Meetings and Hearings 70 24 $23,258 Expenses (travel, copies, etc.) $12,000 TOTAL HOURS 1091 106 1177 1334 139 3847 TOTAL PROFESSIONAL LABOR COSTS 1 $300,025 $22,790 $196,559 $160,080 $14,595 $67,062 $195,050 $249,300 $ 1,217,461 NOTE: FEES ARE GENERAL ASSUMPTIONS BASED ON DESCRIPTIONS IN THE RFP. KIMLEY-HORN RECOMMENDS HOURS ALLOCATIONS BE DISCUSSED PRIOR TO CONTRACT TO ENSURE COMPLIANCE WITH OVERALL GOALS OF THE CITY. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Kimley-Horn and Associates, Inc. Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: Kimley-Horn and Associates, Inc. Page C-2 A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. Kimley-Horn and Associates, Inc. Page C-3 F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Kimley-Horn and Associates, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/27/2020 Dept./Contact Received From: Brittany Ramirez Department: CDD Sent to: Marissa By; Brittany Company/Person required to have certificate: Kimley-Horn and Associates, Inc. Type of contract: Professional Services Agreement I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/2020-4/1/2021 EFFECTIVE/EXPIRATION DATE: 4/1/2020-4/1/2021 A. INSURANCE COMPANY: National Union Fire Ins. Co. NAIC#19445 B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): AM BEST RATING (A-: VII or greater) A:XV Is Company admitted in California? ❑✓ Yes ❑ No D. LIMITS (Must be $11M or greater): What is limit provided? $1 M occur / $21VI agg E. ADDITIONAL INSURED ENDORSEMENT — please attach ❑✓ Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 its officers, officials, employees and volunteers): Is it UM, $211M min for Waste Haulers): What is limits provided? $1M included? ❑✓ Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ❑✓ Yes ❑ No H. PRODUCTS AND COMPLETED OPERATIONS (Must F. HIRED AND NON -OWNED AUTO ONLY: ❑✓ N/A include): Is it included? (completed Operations status does ❑ No G. not apply to Waste Haulers or Recreation) [Z] N/A []Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/2020-4/1/2021 A. INSURANCE COMPANY: National Union Fire Ins. Co. NAIC#19445 B. AM BEST RATING (A-: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ✓❑ Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $211M min for Waste Haulers): What is limits provided? $1M E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT - please attach Yes ❑ No F. HIRED AND NON -OWNED AUTO ONLY: ❑✓ N/A ❑ Yes ❑ No G. ADDITIONAL INSURED ENDORSEMENT— please attach PI Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑✓ Yes ❑ No I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: ❑✓ N/A ❑Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/1/2020-4/1/2021 A. INSURANCE COMPANY: National Union Fire Ins. Co. NAIL#19445 B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ADDITIONAL COVERAGES THAT MAYBE REQUIRED ❑✓ Yes ❑ No ❑✓ Yes ❑ No $1M ❑✓ Yes ❑ No ❑✓ N/A ❑ Yes ❑ No PROFESSIONAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/2020 4/1/2021 A. INSURANCE COMPANY: Lloyds of London, non -admitted, A:XV, $2M, $2M ❑ POLLUTION LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ BUILDER'S RISK EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: El EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: NOTES/COMMENTS: Professional Liability - non -admitted carrier approved Approved: Risk Management 6/8/2020 Date