HomeMy WebLinkAboutC-9225-1 - PSA for 1600 Dove Street ResidencesN
AMENDMENT NO. ONE TO
a- PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
1600 DOVE STREET RESIDENCES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 14th day of June, 2023
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PSOMAS, a California corporation
("Consultant"), whose address is 555 S. Flower Street, Suite 4300, Los Angeles, CA
90071, and is made with reference to the following:
RECITALS
A. On February 15, 2023, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to prepare an Addendum to the
City of Newport Bach 2006 General Plan Update Environmental Impact Report for
the 1600 Dove Street Residences project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. 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, 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.
2. 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 Eighty Six Thousand
Seven Hundred Eighty Dollars and 00/100 ($86,780.00), 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
Eleven Thousand Eight Hundred Eighty Dollars and 00/100 ($11,880.00).
3. 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]
Psomas Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
ty
on C. Harp .23
Attorney °�'�ZA "
ATTEST:
Date: 4/a ox,
By: I
Leilani I. Bro
City Clerk
Foa%
CITY OF NEWPORT BEACH,
a California munipipal corporation
Date: Gr / q l ?-0 Y3
By:
Gr c . Leung
Manager
CONSULTANT: PSOMAS, a California
corporation
Date:
Cn
Signed in Counterpart
Alia Hokuki
Vice President
Date:
Signed in Counterpart
Jim Hunter
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Psomas 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: 3
By:
Vyaon C. Harp Attorney
ATTEST:
Date:
an
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: PSOMAS, a California
corporation
Date:
By:-
Alia Hokuki
Vice President
Date: h t Z.
By?UeHunter
President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Psomas Page 3
EXHIBIT
SCOPE OF SERVICES
Psomas Page A-1
Balancmo the Natural and Built Fnvironment
Psomas is submitting this Amendment No. 1 to the 1600 Dove Street Residences Project (Project)
contract (C-9225-1), which presents tasks that were not anticipated and thus not included in the original
Project Scope of Work (SOW) and Cost Estimate. The additional tasks, identified below, pertain to
modifications to the Project description (increase in number of residential units), which affect the
Administrative Draft Addendum document.
Task 3.1A Technical Analyses (Air Quality, Greenhouse Gas Emissions, and Energy)
This SOW and associated professional fees represent the estimated work necessary for addressing the
modifications to the proposed Project. As the analyses for the Air Quality, Greenhouse Gas Emissions,
and Energy topics have been completed (modeling and analysis), considering the changes to the Project
description, re -modeling needs to be conducted to obtain the updated output. Upon completion of re-
modeling, the results would be used to update the existing analyses in the Air Quality, Greenhouse Gas
Emissions, and Energy sections of the Addendum document.
Task 3.1B Qualitative Analyses
Similarly, as the qualitative analyses for the rest of the topical sections in the Addendum have been
completed, the increase in number of units and associated changes will be used to update the Addendum
sections. This consists of, first updating the number of units throughout the Addendum document, and
then adjusting the analyses, as needed, to reflect the potential impact related to the additional units.
For efficiency, while the technical tasks of re -modeling and updating the associated analyses are
occurring, Psomas staff will work on updating the qualitative sections. Upon completion of re -modeling
5 Huttcn Centre Dive
Suite 300
S arta Ana. CA 92707
Tel 714.751.7373
www.Psomas.com
and analysis of the output, updated information will be incorporated into the Addendum, and
the Addendum will be finalized for submittal to the City.
EXHIBIT B
SCHEDULE OF BILLING RATES
Psomas Page B-1
COST ESTIMATE
TASKS
COST
Task 3.1A —Technical Analyses
$8,050.00
Task 3.1 B — Qualitative Analyses
$3,830.00
TOTAL
$11,880.00
N
u
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
1600 DOVE STREET RESIDENCES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 15th day of February, 2023 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and PSOMAS, a California corporation ("Consultant"), whose address is 555 S. Flower
Street, Suite 4300, Los Angeles, CA 90071, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to prepare an Addendum to the City of Newport
Beach 2006 General Plan Update Environmental Impact Report for the 1600 Dove
Street Residences project ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2025, 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 Seventy Four Thousand
Nine Hundred Dollars and 00/100 ($74,900.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Psomas Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Alia Hokuki, AICP 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
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.
Psomas Page 3
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
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.
Psomas Page 4
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
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.
Psomas Page 5
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.
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.
Psomas Page 6
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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
Psomas Page 7
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: Alia Hokuki
Psomas
3 Hutton Centre Drive, Suite 200
Santa Ana, CA 92707
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
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
Psomas Page 8
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
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.
Psomas Page 9
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]
Psomas Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California m nicipal corporation
Date: oZ 2 3 Date: Z /j z48
By: ,� �( c� By:
a on C. Harp Seimone Jurjis
CC Attorney Community Development Director
ATTEST: �g CONSULTANT: Psomas, a California
Date: a corporation
Date:
Signed in Counterpart
By: By:
Leilani I. Brown Steve Margaroni
City Clerk Chief Executive Officer
Date:
By: Signed in Counterpart
Nicolas Tarditti
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Psomas 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: -;? /=j /.23
:�
)n C. Harp
Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Seimone Jurjis
Community Development Director
CONSULTANT: Psomas, a California
corporation
Date:
By: By.
Leilani I. Brown Steve Margaroni
City Clerk Chief Executive Officer
Date:
By:
Nicolas Tarditti
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Psomas 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: -;2 /�j /,23 _
ron C. Harp
y Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Seimone Jurjis
Community Development Director
CONSULTANT: Psomas, a California
corporation
Date:
By:
Steve Margaroni
Chief Executive Officer
Date: )-
By:.410 -
Nicolas Tarditti
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Psomas Page 11
EXHIBIT A
SCOPE OF SERVICES
rsomas Page A-1
Addendum to the City of Newport Beach 2006 General Plan Update EIR for the 1600 Dove Street Residences
EXHIBIT A
SCOPE OF WORK
ADDENDUM TO THE CITY OF NEWPORT BEACH 2O06 GENERAL PLAN UPDATE EIR
FOR THE 1600 DOVE STREET RESIDENCES, NEWPORT BEACH
December 23, 2021
PROJECT UNDERSTANDING
The 2.49-acre Project site is located at 1600 Dove Street, at the corner of Dove Street and Dolphin Strike
Way, in Newport Beach, California. The site is currently developed with a 60,675-square-foot (sq. ft), 4-
story office building and a surface parking lot. Land uses in the area include office and commercial uses.
The Project Applicant, Picerne Group, Inc., is proposing development of a 6-story apartment building
consisting of 249 apartment units, podium level amenity space, a leasing office, roof top common space,
and a quarter -acre park. The Project will also include a total of 483 parking spaces in an on -grade parking
garage and two subterranean levels. The 249-unit development consists of 199 market rate units and 50
affordable units. The 249 units are inclusive of 50 percent density bonus which equates to 83 units on top
of the base density of 166 units in exchange for providing the necessary levels of affordable housing.
A Major Site Development Review; Affordable Housing Implementation Plan; a General Plan
Amendment; and a Development Agreement are required entitlements for the proposed Project.
ENVIRONMENTAL ANALYSIS APPROACH
This Scope of Work (SOW) is for preparation of a California Environmental Quality Act (CEQA)
Addendum to the City of Newport Beach 2006 General Plan Update Environmental Impact Report (SCH
#2006011119) (General Plan EIR), for the 1600 Dove Street Project. The City has determined that a
CEQA Addendum to the General Plan EIR is the appropriate environmental document for
implementation of the proposed Project; however, the City is open to input from the environmental
consultant if a different level of environmental analysis may be more appropriate (e.g., an exemption).
While Class 32, In -Fill Development, per Section 15332 of CEQA Guidelines may be applicable to the
Project, given that the Project site is within the 65 A -weighted decibel (dBA) noise contour for John
Wayne Airport, potential impacts, consistent with the General Plan EIR, may occur that would preclude
an exemption. Other technical analyses, identified in this SOW, may also identify impacts, albeit not new
or more severe, that would require incorporation of mitigation measures from the General Plan EIR. As
such, a categorical exemption may not be the appropriate CEQA document for the Project. Thus, Psomas
concurs with the City's determination that an Addendum is an appropriate level of analysis for the
Project. This issue can be further discussed upon Project kick-off.
The Addendum will assess the potential environmental impacts associated with the proposed Project. It is
assumed that the Project would not result in any new significant impacts that were not previously
analyzed in the General Plan EIR or an increase in the severity of previous impacts identified in the
General Plan EIR.
Section 15164 of the CEQA Guidelines provides for the preparation of an Addendum to a Final EIR if
none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR has
occurred. Briefly summarized, this standard, often known as "the three -prong test", states that a
subsequent EIR is required if:
R:\Proposa1s\Newpor1\1600 Dove Street\1600 Dove Street_Addendum_122322.docx A-1 Scope of Work
Addendum to the City of Newport Beach 2006 General Plan Update EIR for the 1600 Dove Street Residences
(1) Substantial changes are proposed in the project that require major revisions to the previous EIR
because of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects.
(2) Substantial changes have occurred with respect to the circumstances under which the project is
undertaken, which will require major revisions to the previous EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects.
(3) New information of substantial importance that was not known and could not have been known at
the time the EIR was certified shows that (a) there would be significant effects not discussed in
the previous EIR; (b) impacts would be substantially more severe than previously discussed; (c)
mitigation measures or alternatives previously found not to be feasible would in fact be feasible
and would substantially reduce one or more significant effect(s) of the project; or (d) mitigation
measures or alternatives that are considerably different from those analyzed in the final EIR
would substantially reduce one or more significant effects on the environment.
SCOPE OF ENVIRONMENTAL SERVICES
Below is the SOW for the proposed Project based on our understanding of the Project and the information
available. This SOW includes the following tasks:
• Task 1 Project Initiation
• Task 2 Peer Review of Applicant Prepared Technical Studies/Reports
• Task 3 Addendum to the Newport Beach 2006 General Plan Update EIR
• Task 4 Project Management, Conference Calls, and Public Hearings
TASK 1 PROJECT INITIATION
Subtask 1.1 Kick -Off Meeting
Psomas will attend a virtual or in -person kick-off meeting with the City, the Applicant, and the Project
team, as appropriate. This meeting will provide an opportunity to discuss the approach to preparing the
environmental document and the appropriateness of the Addendum; further define the SOW; identify and
discuss the key community issues and concerns, as applicable; and identify information needs. The
Project schedule will be discussed, and key milestones defined. It is assumed that additional Project
information, as available, would be provided at this meeting, including technical studies prepared by the
Applicant's consultants.
If requested, Psomas will prepare and electronically submit the meeting minutes from the kick-off
meeting to the City for review and comment. Upon receipt of comments, the meeting minutes will be
revised and distributed.
Subtask 1.1 Deliverables
• Project Kick -Off Meeting
• Electronic Copies (email) of Draft and Final Meeting Minutes (if requested)
Subtask 1.2 Data Collection and Site Visit
Psomas will prepare a Data Needs Request to obtain additional information, as necessary, related to
Project construction activities and operations that may be needed for technical analyses. Psomas will
RAProposals\Newport\7600 Dove Street\1600 Dove Street_Addendum_122322.docx A-2 Scope of Work
Addendum to the City of Newport Beach 2006 General Plan Update EIR for the 1600 Dove Street Residences
review the available documents and Project information, including Project plans, and key design and
operational features of the Project in addition to the General Plan EIR, associated reports/studies, and
other City documents, as relevant.
Additionally, Psomas will conduct a site visit to assist in the description of the environmental setting and
to photographically document the site and surrounding area.
Subtask 1.2 Deliverables
• Data Collection and Site Visit
Subtask 1.3 Project Description
Upon receipt of updated Project information, if available, Psomas will draft a Project description
appropriate for an Addendum. The Project description will describe the characteristics of the Project,
details related to short-term construction activities and long-term operations of the Project, and other
pertinent information. The draft Project description will be submitted electronically to the City for review
and comment. Once approved by the City, the Project description will be distributed to the Project team to
initiate technical analyses.
Subtask 1.3 Deliverables
• Electronic Copy (email) of Project Description
TASK 2 PEER REVIEW OF APPLICANT -PREPARED TECHNICAL
STUDIES/REPORTS
We understand that the Applicant's consultants have prepared technical studies/reports, including
Geotechnical, Phase I Environmental Site Assessment (ESA), Water Quality Management Plan (WQMP),
Traffic (if required), Construction Management Plan, and Water and Sewer Demand Studies.
Upon Project kick-off, Psomas' Project Manager and technical experts will conduct peer reviews of the
studies/reports for adequacy and compliance with CEQA. Upon review of the studies/reports, memoranda
will be prepared and submitted to City staff summarizing the comments and recommendations of the
Project Manager and technical experts on each study/report. The findings of the final studies/reports—if
comments and recommendations result in revising the studies/report—will be incorporated into the
topical sections of the Addendum.
If additional studies/reports are prepared by the Applicant at a later date and provided to Psomas for peer
review and incorporation into the Addendum, a budget augment will be required for the additional peer
review.
Subtask 2 Deliverables
• Electronic Copies (PDF and MS Word) of Peer Review Memoranda
TASK 3 ADDENDUM TO THE CITY OF NEWPORT BEACH 2O06 GENERAL PLAN
UPDATE EIR
Subtask 3.1 Administrative Draft Addendum
The CEQA Guidelines do not specify the content or format for an Addendum. Psomas typically
recommends the Addendum include the following: (1) Purpose of the Addendum; (2) Project
History/Background; (3) Project Description, which would include the Project setting discussion; (4)
Summary of the conclusions and findings of previous EIR and identification of applicable mitigation
R:\Proposa1s\Newport\1600 Dove Street\1600 Dove Street_Addendum_122322.docx A-3 Scope of Work
Addendum to the City of Newport Beach 2006 General Plan Update EIR for the 1600 Dove Street Residences
measures incorporated into the proposed Project; (5) Environmental Analysis; and (6) Conclusions.
Psomas will prepare an Addendum consistent with the most recent Addendum we prepared for the City.
For the environmental analysis, it is important to demonstrate that adequate consideration has been given
to all the environmental topics and sufficient documentation is provided to support the determination that
the Addendum is the appropriate document for the proposed Project. This analysis will largely be based
on existing data contained in previous environmental documents (General Plan EIR and associated
studies/reports) and the studies/analyses conducted for the proposed Project. Any changes in existing
conditions or applicable regulations and policies since the certification of the EIR will be highlighted.
Applicable mitigation measures from the previous environmental document that are relevant will be
included. As appropriate, the Addendum will also identify those impacts that were previously found to be
significant and unavoidable and were addressed in the related Statement of Overriding Considerations.
Psomas will review the analyses and reports/studies for understanding of the previous environmental
impacts and identify the changed circumstance in the area, in the respective sections of the Addendum, as
applicable, which may have implications for the proposed Project. Additional evaluation, beyond the
review, may include site investigation to verify and confirm that the Project changes and changed
conditions and circumstances around the Project are not significant enough that would require substantial
revisions to the General Plan EIR. The discussion would also include consideration of changes in
regulations that have occurred since 2006 that would result in improved conditions (e.g., reduction in air
quality emissions or general improvement in air quality).
The assessment of environmental issues in the Addendum will primarily be qualitative; however, the
technical analyses such as air quality, greenhouse gas (GHG), and noise conducted by Psomas provide a
degree of quantification that will be incorporated into the Addendum. The following analyses are proposed:
Air Quality and Greenhouse Gas Emissions Analyses. Psomas will review the Project site
plans and related data to assist in preparations of a Data Needs Request spreadsheet for the
Applicant. The Data Needs Request will request data relative to phasing; demolition and
construction methods; grading quantities; building energy use; stationary sources; and Project
features related to air quality. Based on information provided, Psomas will draft reasonable
worst -case scenarios for anticipated construction activities (i.e., most intensive phase, type of
construction, construction start and completion dates, anticipated soil export and import,
equipment mix) and long-term operations to be used as the basis of the air quality modeling.
Psomas will conduct the air quality analysis, in comparison to the analysis in the General Plan
EIR, consistent with the South Coast Air Quality Management District's (SCAQMD's)
recommended methods for CEQA analyses and will evaluate the Project's contribution to
regional emissions to the air basin as well as localized concentrations to sensitive uses proximate
to the Project site. For the regional emissions analysis, Psomas will calculate the Project's
construction and operational criteria pollutant regional (mass) emissions using the California
Emissions Estimator Model (CalEEMod). Psomas will also estimate the existing emissions from
current office uses on the Project site to determine the net change in emissions that would result
from Project implementation. Model results will be compared with the SCAQMD's CEQA
regional emissions thresholds to determine the potential for Project related impacts to the air
basin's regional emissions.
For the analysis of potential impacts to the local area proximate to the Project site, the SCAQMD
requires that project -related construction emissions be evaluated against the localized significance
thresholds (LSTs). LSTs are used to determine whether sensitive uses near the Project site are
exposed to air pollution that exceeds the ambient air quality standards (AAQS). For the
operations phase of the Project, it is expected that a qualitative analysis will be conducted to
demonstrate whether or not the Project would generate traffic congestion at a major intersection
RAProposals\Newport\1600 Dove Street\1600 Dove Street Addendum_122322.docx A-4 Scope of Work
Addendum to the City of Newport Beach 2006 General Plan Update EIR for the 1600 Dove Street Residences
at a magnitude that would cause a local carbon monoxide (CO) "hotspot". Thus, no dispersion
modeling is included in this SOW for CO analysis. Project area exposure to construction phase
toxic air contaminants (TACs) and odors will also be addressed qualitatively. Additionally, the
analysis will include an evaluation of Project conformity with the Air Quality Management Plan
(AQMP) for the South Coast Air Basin (SCAB).
Psomas will prepare a GHG emissions analysis. Psomas will calculate construction and
operational GHG emissions concurrently with the air quality emissions using CaIEEMod. Psomas
will compare the net change in GHG emissions with criteria that have been recommended by the
SCAQMD or a threshold determined by coordination with City staff. Psomas will also determine
whether implementation of the Project would conflict with applicable State, regional, and City
plans, policies, or regulations adopted for the purpose of reducing GHG emissions.
As appropriate, mitigation measures in the General Plan EIR will be evaluated and incorporated
to address construction and operations phase impacts, in comparison with the previous analysis.
The findings will be incorporated in the Air Quality and Greenhouse Gas Emissions sections of
the Addendum, and the supporting data and calculations will be included as an appendix in the
Addendum.
Energy Analysis. Psomas will prepare an Energy Analysis for the Project, which would include a
discussion of energy demands, and the Project's proposed energy efficiency measures. The
discussion of project related energy demands includes quantification of anticipated energy
consumption from the construction and operations phases. Construction phase energy demand is
due to diesel and gasoline consumption used during the development of the Project. The
operations phase of the Project would consume energy from transportation fuels used for vehicle
trips to and from the site; natural gas for heating needs; and electricity for lighting, devices, and
water/wastewater conveyance. The Project's energy efficiency measures will be discussed
relative to the Title 24 building standard requirements. The findings will be provided in the
Energy section of the Addendum, and the supporting calculations will be included as an
appendix.
• Noise and Vibration Analyses. The Project site being within the 65 A -weighted decibel (dBA)
noise contour for John Wayne Airport, a technical analysis will be provided to evaluate potential
impacts associated with construction assumptions, including duration, earthwork and excavation,
and construction equipment proximity to potential sensitive uses. The potential impacts would be
identified in comparison with the General Plan EIR findings.
Psomas will visit the Project site to identify existing noise sources (aircraft from John Wayne
Airport, traffic along Dove Street, parking lot activities) and measure existing noise levels at the
Project site boundaries. At least four short-term noise measurements (20 minutes) will be taken at
the boundaries of the Project site to document existing noise levels proximate to the Project site.
Noise data from the General Plan EIR will also be considered and referenced in the noise analysis
especially related to aircraft noise exposure contours.
Psomas will analyze temporary noise and vibration impacts from construction activities and will
also review the Project plans and design to evaluate operational noise impacts to sensitive
receptors. The Project is anticipated to involve noise sources, which include HVAC (heating,
ventilation, and air conditioning) units, courtyard, and parking lot activities. The analysis will
compare noise impacts with the standards in the City's General Plan and Noise Ordinance.
If regional and/or local construction emissions exceed the noise thresholds of significance,
Psomas will review and evaluate the mitigation measures from the General Plan EIR. It is
assumed that a detailed interior noise analysis for the proposed residential uses will not be
required and is not included in this SOW. Aircraft noise exposure levels related to Title 24 noise
R:\Proposa1slNewport%1600 Dove Street\1600 Dove Streel_Addendum_122322.doex A-5 Scope of Work
Addendum to the City of Newport Beach 2006 General Plan Update EIR for the 1600 Dove Street Residences
limitations for habitable rooms would be addressed generally to fulfil CEQA disclosure
requirements. To fully address Title 24 interior noise limit requirements for the building plans,
detailed design specifications on how structural elements would attenuate noise levels would need
to be prepared and are not included in this SOW. The findings of the analysis will be provided in
the Noise section of the Addendum, and the supporting calculations and data will be included as
an appendix.
Upon completion of the analysis, Psomas will submit the Administrative Draft Addendum electronically
(PDF and MS Word format) to the City for review and comment.
Subtask 3.1 Deliverables
• Electronic Copies (PDF and MS Word) of Screencheck Draft Addendum
Subtask 3.2 Screencheck Draft Addendum
Upon receipt of comments, Psomas will review the comments, revise the Administrative Draft Addendum
accordingly, and prepare and submit the Screencheck Addendum to the City. If conflicting or unclear
comments are received, Psomas will coordinate with the City to resolve any issues. This SOW assumes
that electronic copies (PDF and MS Word format) of the document will be provided for review and
comment.
Subtask 3.2 Deliverables
• Electronic Copies (PDF and MS Word) of Screencheck Addendum
Subtask 3.3 Final Addendum
Upon receipt of comments from the City, Psomas will address the comments, and prepare and submit the
Final Addendum to the City for a final review. It is anticipated that comments from the City will be
editorial in nature, not requiring significant revisions. It is assumed that electronic copies (PDF and MS
Word format) of the document will be provided for a final check. Hard copies and USBs of the Final
Addendum can be provided, as requested.
Additionally, per the Request for Proposal (RFP), Psomas will compile the mitigation measures from the
General Plan EIR that are applicable to the proposed Project and include them in a Mitigation Monitoring
and Reporting Program (MMRP) in compliance with Section 21081.6 of the California Public Resources
Code. It is noted that the mitigation measures in the MMRP will reflect any refinements that may have
occurred in light of the proposed Project. The MMRP will be prepared in matrix format and will provide
the timing and responsibility for each mitigation measure.
Subtask 3.3 Deliverables
• Electronic Copies (PDF and MS Word) of Final Addendum
• Hard Copies and USBs, if requested
• Electronic Copies (PDF and MS Word) of Draft and Final MMRP
TASK 4 PROJECT MANAGEMENT, CONFERENCE CALLS, AND PUBLIC HEARINGS
Subtask 4.1 Project Management
Psomas will be responsible for managing the CEQA process for the City. Psomas will manage the process,
which would include ongoing coordination with the City and Project team to ensure compliance with the
SOW, schedule, and budget. Psomas will also ensure that information and updates are disseminated, as
R:\Proposa1s\Nevport\1600 Dove Street\1600 Dove Street_Addendum_122322.doex A-6 Scope of Work
Addendum to the City of Newport Beach 2006 General Plan Update EIR for the 1600 Dove Street Residences
necessary. The Project Manager will oversee preparation of the Addendum, prepare critical analyses, and
ensures that the Addendum complies with the QA/QC process in place to deliver a document that is
legally defensible and supported by substantial evidence.
Subtask 4.1 Deliverables
• Project Management and Coordination
Subtask 4.2 Conference Calls
This task includes participation in two conference calls, as necessary, with the City and Project team. This
SOW assumes that the Project Manager will participate in the conference calls (one hour each). As
necessary, Psomas' technical expert responsible for air quality, energy, greenhouse gas emissions, and
noise will participate in the calls. No meeting attendance besides the kick-off meeting is anticipated.
If requested by the City, additional conference call participation and/or meeting attendance will be billed
on a time and materials basis, based on hourly rates and subject to prior approval.
Subtask 4.2 Deliverables
• Two (2) Conference Calls
Subtask 4.3 Public Hearings
Psomas will participate in the public hearings, as requested. This SOW assumes Psomas will attend two
public hearings during the approval process. Psomas will be available to provide advice and input to the
City and address questions regarding CEQA; the environmental review process; and the findings of the
Addendum, as appropriate. The preparation of visual aids for the public hearings are not included in this
SOW. This task assumes public hearings will be attended by the Project Manager and up to two Psomas
technical staff, as appropriate. Additional public hearing attendance will be billed on a time and materials
basis, based on hourly rates and subject to prior approval.
Subtask 4.3 Deliverables
• Two (2) Public Hearings
RAProposa1s\Newport\1600 Dove Slreet\1600 Dove Street_Addendum_122322.docx A-% Scope of Work
Addendum to the City of Newport Beach 2006 General Plan Update EIR for the 1600 Dove Street Residences
SCHEDULE
This SOW assumes an up to four -month schedule, upon receipt of final information for the Project
description. The four -month schedule for the preparation of the Addendum does not include the approval
process for the Addendum. Psomas will work diligently and coordinate closely with the City and Project
team to ensure the Addendum is completed efficiently, on time, and within budget. All time -saving
approaches will be utilized to speed up the schedule. However, Psomas will ensure that time -saving
approaches will not jeopardize the quality of the document.
TASK
SCHEDULE DURATION
Task 1- Project Initiation -January 3, 2022
Kick -Off Meeting (virtual or in -person)
Week 1
1 Day
Data Collection and Site Visit
Week 1
1 Week
Project Description
Week 1
1 Week
City Review of Project Description
Week 2
1 Week
Task 2 - Peer Review of Applicant -Prepared Technical Studies/Reports
Peer Review of Applicant Studies/Reports
• Geotechnical
• Phase I Environmental Site Assessment (ESA)
• Water Quality Management Plan (WQMP)
• Traffic (if required)
• Construction Management Plan
• Water and Sewer Demand Studies
Week 2 to Week 4
3 Weeks
Psomas Prepare Peer Review Memoranda
Week 2 to Week 4
3 Weeks
City Review of Memoranda
Week 5 and Week 6
2 Weeks
Applicant Finalize Technical Studies/Reports (if needed)
Week 7 and Week 8
2 Weeks
Task 3 -Addendum to the City of Newport Beach 2006 General Plan Update EIR _
Psomas Administrative Draft Addendum
Week 7 to Week 9
3 Weeks
City and Applicant Review of Administrative Draft Addendum
Week 10 and Week 11
2 Weeks
Psomas Revise Administrative Draft Addendum; Prepare
Screencheck and Final Addendum and MMRP
Week 12 and Week 13
2 Weeks
City and Applicant Review of Final Addendum and MMRP
Week 14
1 Week
Psomas Finalize the Addendum and MMRP
Week 15
1 Week
Psomas Prepare the NOD
Upon Certification of Addendum
1 Day
Psomas File the NOD at County Clerk
Upon Certification of Addendum
1 Day
Task 4 - Project Management, Conference Calls, and Public Hearings
Project Management Through Project Completion 15 Weeks
Conference Calls Two Calls (TBD)
Public Hearings
TBD
RAProposa1s\Newport\1600 Dove Street\1600 Dove Street Addendum_122322.do" A-8 Scope of Work
EXHIBIT B
SCHEDULE OF BILLING RATES
Psomas Page B-1
Addendum to the City of Newport Beach 2006 General Plan Update EIR for the 1600 Dove Street Residences
EXHIBIT B
COST ESTIMATE
ADDENDUM TO THE CITY OF NEWPORT BEACH 2O06 GENERAL PLAN UPDATE EIR
FOR THE 1600 DOVE STREET RESIDENCES, NEWPORT BEACH
December 23, 2022
Task Description Fee
Task 1 Project Initiation
1.1 Kick -Off Meeting
$1,075.00
1.2 Data Collection and Site Visit
$575.00
1.3 Project Description
$930.00
Task 2 Peer Review of Applicant Prepared Technical Studies/Reports
$4,114.00
Task 3 Addendum to the City of Newport Beach 2006 General Plan Update EIR
3.1 Administrative Draft Addendum
$20,967.00
- Air Quality and Greenhouse Gas Emissions Analyses
$10,580.00
- Energy Analysis
$4,370.00
- Noise and Vibration Analyses
$8,165.00
3.2 Screencheck Draft Addendum
$6,550.00
3.3 Final Addendum
$5,964.00
Task 4 Project Management, Conference Calls, and Public Hearings
4.1 Project Management
$4,800.00
4.2 Conference Calls
$960.00
4.3 Public Hearings
$4,700.00
Subtotal Professional Fees
$73,750.00
ESTIMATED DIRECT EXPENSES
Reprographics, Mailing, Mileage, Miscellaneous $1,150.00
TOTAL NOT TO EXCEED TASKS 1-4 $74,900.00
ASSUMPTIONS
The total not to exceed amount provided above is based on the following assumptions, which if needed, may
require an amendment to this Agreement to provide additional compensation for additional work:
• Additional out -of -scope work not explicitly described above is not included.
• Changes to the Project description, design, or assumptions that occur after the initiation of
analysis are not included.
• Additional review cycles of the Addendum are not included.
• Additional meetings, conference call, and public hearings are not included.
• Delays in the schedule after the Project has been initiated are not included.
RAProposals\Newport11600 Dove Street11600 Dove Street Addendum_122322.docx B-1 Scope of Work
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Psomas 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:
Psomas 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. 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
Psomas Page C-3
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.
F. 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.
G. 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.
H. 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.
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.
Psomas Page C-4
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