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HomeMy WebLinkAboutC-3834 - PSA for Preparation of an EIR for Hyatt Regency Newport Beach ExpansionAMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR PREPARATION OF AN EIR FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION THIS AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 13th day of January, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and THE PLANNING CENTER a California Corporation, whose address is 1580 Metro Drive, Costa Mesa, California, 92626 ("CONSULTANT"), and is made with reference to the following: RECITALS: A. On April 11, 2006, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", for environmental consulting services for the Hyatt Regency hotel expansion, hereinafter referred to as "PROJECT". B. CITY and CONSULTANT have entered into three separate AMENDMENTS of the AGREEMENT, the latest dated September 22, 2008. B. CITY desires to enter into this AMENDMENT NO. 4 to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to March 10, 2009. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 4, as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 4 including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. 4, including all reimbursable items and subconsultant fees, shall not exceed Twenty Five Thousand Two Hundred Dollars and no/100 ($25,200.00) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to March 10, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 4 on the date first above written. APPROVED AS TO FORM: A ,, C. ff"', City Attorney for the City of Newport Beach ATTEST: By. 4ja/v�-�, �Ybum -tavonn e , Lf �c1►�t I. City Clerk; Attachments: Exhibit A — Scope of Services CITY OF NEWPORT BEAC , A Mu nii al orporatio 7i!/ By: Mayor for the City of Newport Beach CONSULTANT: By: Dw yne Mevs Corporate Executive Officer By: Keith McCann Chief Financial Officer F:\Users\PLN\Shared\Professional Services Agreements & Contracts\Hyatt - Planning Center\Planning Center Contract Amendment No 4 01-13-09.doc CO THE PLANNING CENTER Governmental Services Planning & Urban Design Environmental Studies School Facilities Planning December 22, 2008 7580 Metro Drive Costa Mesa, CA 92528 Mr. Jaime Murillo, Associate Planner Phone: 714.955.9220 City of Newport Beach 3300 Newport Boulevard Far: 716.955.9221 Newport Beach, CA 92658 costamesa@planningcemer.com Subject: Request for Contract Amendment No. 4 for Environmental Services for the Hyatt Regency Newport Beach Project (CNB- 09.OE) Dear Mr. Murillo: This letter is to request Contract Amendment No. 4 for The Planning Center's environmental services for the Hyatt Regency Newport Beach Project. Our last contract amendment (August 18, 2008, as updated September 24, 2008) addressed supplemental work for preparation of the Final EIR including incorporating project detail about lighting plans, fuel modification, grading, and additional visual simulations. The last amendment also included fees for additional meetings, project management related to extending the project schedule, and additional intersection and parking analysis by IBI, the traffic consultant. Contract Amendment No. 4 is required for additional effort beyond the approved scope of work to revise the Final EIR to incorporate 1) a proposed new Local Coastal Plan Amendment, 2) a slightly revised site plan (moving a timeshare building to increase the biological resources buffer area), and 3) updated biological resources information. This amendment will also cover additional work required to respond to the City of Irvine DEIR comment letter (received subsequent to our submittal of Contract Amendment No. 3) and additional project management and public hearing time. As summarized in Table 1, Cost Estimate, our existing contract as previously amended for this project is for a total of $236,590, including subconsultants and reimbursables. To complete the processing of this project, we are requesting $23,680 in additional labor fees for The Planning Center and $1,520 in fees for IBI. No additional reimbursable costs are requested. Total contract amount upon approval of this amendment will be $261,790, including suboonsultants and reimbursables. THE PLANNING CENTER SCOPE OF WORK Task 1: Initial Study /Notice of Preparation This task has been completed and there are no changes. Task 2: Public Scoping Meeting Subsequent to contract execution, the City decided that a public scoping meeting would not be necessary for the project. The budget for this task was subtracted in Contract Amendment No. 1. r , Mr. Jaime Murillo, City of Newport Beach December 22, 2008 Page 2 of 5 Task M Screencheck Draft EIR This task has been completed and there are no changes. Task 4, Draft EIR This task has been completed and there are no changes. Task 5: Final EIR /Response to Comments Additional scope of work included in this amendment includes: • Response to City of Irvine comment letter (dated October 22, 2008) • Update to the "Revisions to the DEIR" section to include a description of the proposed LCP Amendment, revisions to the Site Plan, and supplemental biological resource information. • Revisions to responses to comments received on the DEIR to correct the FEIR with respect to the proposed LCP Amendment and site plan changes (or alternative method such as an expanded introduction to the Response to Comments to explain and update the changes) • Submittal of revised responses to commenting agencies • Preparation of memorandum to the City explaining The Planning Center's position on whether the proposed LCP requires recirculation of the DEIR Additional work required for IBI to assist The Planning Center in preparing Response to Comments for OWWWA the Final EIR is included in a separate scope, below. Task 6: Mitigation Monitoring Program This task has been completed and we are not anticipating any changes to project mitigation or the MMP. Task 7; Findings of Fact and Statement of Overriding Considerations The draft Findings of Fact and Statement of Overriding Considerations has been completed. These will be updated to reflect the revisions to the project including the proposed LCP Amendment and site plan revisions. Task 8; Public Hearings /Meetings The Planning Center's project manager (JoAnn Hadfield) and one additional environmental professional have attended the two Planning Commission public hearings held on this project. Our scope of work includes our attendance at up to two additional public hearings (by JoAnn and Nicole Vermillion, noise /AQ specialist). We do not anticipate more than two more public hearings, and therefore have not revised this task or associated cost estimate. Task 9: Notice of Determination This task has not been initiated and we are not recommending any changes. ,Mr. Jaime Murlilo, City of Newport Beach December 22, 2008 Page 3 of 5 Task 10: Project Management and Coordination Resolution of Coastal Commission and wetlands issues has resulted in more delays for processing this project. As of the previous contract amendment, we anticipated approval of the project prior to November 2008. This task, therefore, includes additional project management and coordination fees based on an estimated approval by mid - February (assuming a Public Hearing on January 27, 2009, and one additional City Council hearing, if needed). Additional fees for project management and coordination have been based on an estimated 2 hours /week for an additional 17 weeks, in comparison to the contract as approved to date. IBI The following additional scope of work for IBI is based on its revisions to their original scope of work, as amended through Contract Amendment No. 3. TASK 1: Project Definition No additional work efforts are assumed under Task 1. TASK 2: Existing Conditions No additional work efforts are assumed under Task 2. TASK 3: Future Traffic Conditions - TPO Analysis No additional work efforts are assumed under Task 3. TASK 4: Future Traffic Conditions - CEQA Analysis No additional work efforts are assumed under Task 4. TASK 5: Review of Applicant Parking Study This task completed under previous contract amendment. TASK 6: Response to Environmental Impact Report Comments The budget augment under this request to cover the work required to respond to the City of Irvine DEIR comment letter, which was received after the close of the DEIR public review period and after to the previous contract amendment. TASK 7: Meetings The approved meeting and public hearing attendance task for IBI includes up to two meetings and two public hearings. Bill Delo has attended one public hearing, and therefore this task currently accommodates his attendance at one additional hearing. TASK 8: Future Traffic Conditions - Construction Analysis This task was completed under previous contract amendment. 0 Mr. Jaime Murlllo, City of Newport Beach December 22, 2008 Page 4 of S SUMMARY COST ESTIMATE AND SCHEDULE Attached Table 1 summarizes the previously approved contract and requested Contract Amendment No. 4 by task and consultant. This contract amendment request is for a total of $23,680 for The Planning Center labor and $1,520 for IBI labor. No additional reimbursable costs are requested. Approval of this 4th Contract Amendment would bring the total contract amount to $261,790 for the Hyatt Regency Newport EIR. For purposes of planning and budgeting, it is assumed that the revised site plans due from the project applicant will be available to The Planning Center by January 9, 2008, and that the revised Final EIR, and revised Facts and Findings and Statement of Overriding Considerations will be submitted to the City by January 16, 2008, to ensure City staff time to review the revised document and to finalize the staff report prior to the City Council public hearing. We look forward to working with the City and the Hyatt consultant team to successfully complete this project. Please contact me with any questions you may have regarding this contract amendment request. Sincerely, THE PLANNING CENTER JoAnn Hadfield Director, Environmental Services Attachment �1 Mr. Jaime Murlilo, City of Newport Beach December22,2008 Page 5 of 5 Task Total Approved Contract through Amend. No. 3 (as signed October 31,2008) Requested Contract Amendment # 4 Total Task 1. Initial Stud /NOP $4,250 $0 4,250 Task 2. Public Sco ing Meeting 0 0 0 Task 3. Screencheck Draft EIR 79,840 0 7,9840 Task 4. Draft EIR 6,450 0 6,450 Task 5. Final EIR/Response to Comments 42,975 14,935 57,910 Task 6. Mitigation Monitoring Program 750 0 750 Task 7. Statement of Findings/Statement of Ovemding Considerations 1,400 1,350 2,750 Task 8. Hearings/Meetings 11,085 11,085 Task 9. Notice of Determination 200 0 200 Task 10. Project Management and Coordination 27,905 7,395 35,300 Subtotal - Labor $174,855 $23,680 198,535 IBI Group (Traffic) $35,710 $1,520 37,230 Co stone Resource Management Cultural 3,609 0 3,609 Subtotal - Subconsultards $39,319 $1,520 40,839 TOTAL LABOR $214,174 $25,200 239,374 Reimbursable Expense Estimate $22,416 $0 22,416 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 25 January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Jaime Murillo, Associate Planner (949) 644 -3209, imur !!!oa(%city.newgort- beach.ca.us SUBJECT: Contract for Environmental Consulting Services Hyatt Regency Environmental Impact Report (EIR) APPLICANT: Sunstone Hotel Investors, Inc. ISSUE In accordance with Council Policy F -14 (Authority to Contract for Services), the City Manager shall provide notice of a permit application and a brief description of the proposed project to the City Council when a contract for professional services is paid for by funds in an applicant deposit account and the total cost for services exceeds $100,000. RECOMMENDATION Receive and File. DISCUSSION This report is intended to provide notice to the City Council of a contract for professional services between the City of Newport Beach and The Planning Center for the preparation of an Environmental Impact Report (EIR) associated with a project to expand the existing Hyatt Regency Hotel at 1107 Jamboree Road. The current contract is in the amount of $236,590, which was paid for by the project applicant ( Sunstone Hotel Investors, Inc.); however, the scope of work has been expanded to include additional analysis required to complete the Final EIR. The Draft EIR will be revised to incorporate a revised site plan (moving a timeshare building to increase the biological resources buffer areas) and to include updated biological resources information. An amendment to the contract is also required to cover additional work required to respond to a comment letter received from the City of Irvine and to allow for additional project management and public hearing time. The estimated budget to complete this additional January 13, 2009 Page 2 analysis is $25,200, resulting in a total contract amount of $261,790. The applicant has been notified of the amended contract amount and has agreed to fund the amount. The project includes the addition of 88 timeshare units, an expanded 11,032 square -foot ballroom, a 10,072 square -foot spa and new pool, and a new two -level parking garage. Implementation will require demolition of 12 existing hotel rooms and the Terrace Ballroom and removal of a nine -hole golf course. The expansion will require the following approvals from the City: • A parcel map to reconfigure two existing lots, allowing the timeshares to remain on one parcel and the hotel on the other, and to establish finished grades for the purposes of measuring height. • A use permit to allow the expansion of the existing hotel and establishment of a timeshare development. A use permit is also required to allow the proposed timeshare buildings and ballroom to exceed the 26 -foot base height limit. • A modification permit to allow commercial tandem parking and to allow the architectural tower and finial element of the proposed ballroom to exceed the 35- foot maximum height limit. • A development agreement between the City and the operator of the timeshare development relating to the amount of tax payable to the City for the right of occupancy of the timeshare units. • Certification of an Environmental Impact Report. The Final EIR is currently under preparation and will consist of the circulated Draft EIR, the response to comments on the Draft EIR, and revisions to the Draft EIR. A January 27, 2009, City Council hearing is tentatively scheduled for review of the project and EIR. Prepared by: 7aime Murillo, Associate Planner RIUsersIPLMSharedlProfessional Services Agreements & ContractslHyatt - Planning CenteMyatt Council Report 4.doc AMENDMENT NO.4 TO PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR PREPARATION OF AN EIR FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION THIS AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 13th day of January, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and THE PLANNING CENTER a California Corporation, whose address is 1580 Metro Drive, Costa Mesa, California, 92626 ( "CONSULTANT'), and is made with reference to the following: RECITALS: A. On April 11, 2006, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for environmental consulting services for the Hyatt Regency hotel expansion, hereinafter referred to as "PROJECT'. B. CITY and CONSULTANT have entered into three separate AMENDMENTS of the AGREEMENT, the latest dated September 22, 2008. B. CITY desires to enter into this AMENDMENT NO. 4 to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to March 10, 2009. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 4, as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 4 including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the r Schedule of Billing .Rates attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. 4, including all reimbursable items and subconsultant fees, shall not exceed Twenty Five Thousand Two Hundred Dollars and no /100 ($25,200.00) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to March 10, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 4 on the date first above written. APPROVED AS TO FORM: Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk Attachments: Exhibit A — Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach CONSULTANT: By: Dwayne Me Corporate ecutive Officer By: Keith McCann Chief Financial Officer F:1UsersTLMSharedlProfessiona1 Services Agreements & ComracdsUiyatt - Planning Center\Planning Center Contract Amendment No 4 01- 13- 09.doc CO THE PLANNING CENTER Governmental Services Planning & Urban Design Environmental Studies School Facilities Planning December 22, 2008 7580 Metro Drive Costa Mesa, CA 92528 Mr. Jaime Murillo, Associate Planner Phone: 714.955.9220 City of Newport Beach 3300 Newport Boulevard Far: 716.955.9221 Newport Beach, CA 92658 costamesa@planningcemer.com Subject: Request for Contract Amendment No. 4 for Environmental Services for the Hyatt Regency Newport Beach Project (CNB- 09.OE) Dear Mr. Murillo: This letter is to request Contract Amendment No. 4 for The Planning Center's environmental services for the Hyatt Regency Newport Beach Project. Our last contract amendment (August 18, 2008, as updated September 24, 2008) addressed supplemental work for preparation of the Final EIR including incorporating project detail about lighting plans, fuel modification, grading, and additional visual simulations. The last amendment also included fees for additional meetings, project management related to extending the project schedule, and additional intersection and parking analysis by IBI, the traffic consultant. Contract Amendment No. 4 is required for additional effort beyond the approved scope of work to revise the Final EIR to incorporate 1) a proposed new Local Coastal Plan Amendment, 2) a slightly revised site plan (moving a timeshare building to increase the biological resources buffer area), and 3) updated biological resources information. This amendment will also cover additional work required to respond to the City of Irvine DEIR comment letter (received subsequent to our submittal of Contract Amendment No. 3) and additional project management and public hearing time. As summarized in Table 1, Cost Estimate, our existing contract as previously amended for this project is for a total of $236,590, including subconsultants and reimbursables. To complete the processing of this project, we are requesting $23,680 in additional labor fees for The Planning Center and $1,520 in fees for IBI. No additional reimbursable costs are requested. Total contract amount upon approval of this amendment will be $261,790, including suboonsultants and reimbursables. THE PLANNING CENTER SCOPE OF WORK Task 1: Initial Study /Notice of Preparation This task has been completed and there are no changes. Task 2: Public Scoping Meeting Subsequent to contract execution, the City decided that a public scoping meeting would not be necessary for the project. The budget for this task was subtracted in Contract Amendment No. 1. r , Mr. Jaime Murillo, City of Newport Beach December 22, 2008 Page 2 of 5 Task M Screencheck Draft EIR This task has been completed and there are no changes. Task 4, Draft EIR This task has been completed and there are no changes. Task 5: Final EIR /Response to Comments Additional scope of work included in this amendment includes: • Response to City of Irvine comment letter (dated October 22, 2008) • Update to the "Revisions to the DEIR" section to include a description of the proposed LCP Amendment, revisions to the Site Plan, and supplemental biological resource information. • Revisions to responses to comments received on the DEIR to correct the FEIR with respect to the proposed LCP Amendment and site plan changes (or alternative method such as an expanded introduction to the Response to Comments to explain and update the changes) • Submittal of revised responses to commenting agencies • Preparation of memorandum to the City explaining The Planning Center's position on whether the proposed LCP requires recirculation of the DEIR Additional work required for IBI to assist The Planning Center in preparing Response to Comments for OWWWA the Final EIR is included in a separate scope, below. Task 6: Mitigation Monitoring Program This task has been completed and we are not anticipating any changes to project mitigation or the MMP. Task 7; Findings of Fact and Statement of Overriding Considerations The draft Findings of Fact and Statement of Overriding Considerations has been completed. These will be updated to reflect the revisions to the project including the proposed LCP Amendment and site plan revisions. Task 8; Public Hearings /Meetings The Planning Center's project manager (JoAnn Hadfield) and one additional environmental professional have attended the two Planning Commission public hearings held on this project. Our scope of work includes our attendance at up to two additional public hearings (by JoAnn and Nicole Vermillion, noise /AQ specialist). We do not anticipate more than two more public hearings, and therefore have not revised this task or associated cost estimate. Task 9: Notice of Determination This task has not been initiated and we are not recommending any changes. ,Mr. Jaime Murlilo, City of Newport Beach December 22, 2008 Page 3 of 5 Task 10: Project Management and Coordination Resolution of Coastal Commission and wetlands issues has resulted in more delays for processing this project. As of the previous contract amendment, we anticipated approval of the project prior to November 2008. This task, therefore, includes additional project management and coordination fees based on an estimated approval by mid - February (assuming a Public Hearing on January 27, 2009, and one additional City Council hearing, if needed). Additional fees for project management and coordination have been based on an estimated 2 hours /week for an additional 17 weeks, in comparison to the contract as approved to date. IBI The following additional scope of work for IBI is based on its revisions to their original scope of work, as amended through Contract Amendment No. 3. TASK 1: Project Definition No additional work efforts are assumed under Task 1. TASK 2: Existing Conditions No additional work efforts are assumed under Task 2. TASK 3: Future Traffic Conditions - TPO Analysis No additional work efforts are assumed under Task 3. TASK 4: Future Traffic Conditions - CEQA Analysis No additional work efforts are assumed under Task 4. TASK 5: Review of Applicant Parking Study This task completed under previous contract amendment. TASK 6: Response to Environmental Impact Report Comments The budget augment under this request to cover the work required to respond to the City of Irvine DEIR comment letter, which was received after the close of the DEIR public review period and after to the previous contract amendment. TASK 7: Meetings The approved meeting and public hearing attendance task for IBI includes up to two meetings and two public hearings. Bill Delo has attended one public hearing, and therefore this task currently accommodates his attendance at one additional hearing. TASK 8: Future Traffic Conditions - Construction Analysis This task was completed under previous contract amendment. 0 Mr. Jaime Murlllo, City of Newport Beach December 22, 2008 Page 4 of S SUMMARY COST ESTIMATE AND SCHEDULE Attached Table 1 summarizes the previously approved contract and requested Contract Amendment No. 4 by task and consultant. This contract amendment request is for a total of $23,680 for The Planning Center labor and $1,520 for IBI labor. No additional reimbursable costs are requested. Approval of this 4th Contract Amendment would bring the total contract amount to $261,790 for the Hyatt Regency Newport EIR. For purposes of planning and budgeting, it is assumed that the revised site plans due from the project applicant will be available to The Planning Center by January 9, 2008, and that the revised Final EIR, and revised Facts and Findings and Statement of Overriding Considerations will be submitted to the City by January 16, 2008, to ensure City staff time to review the revised document and to finalize the staff report prior to the City Council public hearing. We look forward to working with the City and the Hyatt consultant team to successfully complete this project. Please contact me with any questions you may have regarding this contract amendment request. Sincerely, THE PLANNING CENTER JoAnn Hadfield Director, Environmental Services Attachment �1 Mr. Jaime Murlilo, City of Newport Beach December22,2008 Page 5 of 5 Task Total Approved Contract through Amend. No. 3 (as signed October 31,2008) Requested Contract Amendment # 4 Total Task 1. Initial Stud /NOP $4,250 $0 4,250 Task 2. Public Sco ing Meeting 0 0 0 Task 3. Screencheck Draft EIR 79,840 0 7,9840 Task 4. Draft EIR 6,450 0 6,450 Task 5. Final EIR/Response to Comments 42,975 14,935 57,910 Task 6. Mitigation Monitoring Program 750 0 750 Task 7. Statement of Findings/Statement of Ovemding Considerations 1,400 1,350 2,750 Task 8. Hearings/Meetings 11,085 11,085 Task 9. Notice of Determination 200 0 200 Task 10. Project Management and Coordination 27,905 7,395 35,300 Subtotal - Labor $174,855 $23,680 198,535 IBI Group (Traffic) $35,710 $1,520 37,230 Co stone Resource Management Cultural 3,609 0 3,609 Subtotal - Subconsultards $39,319 $1,520 40,839 TOTAL LABOR $214,174 $25,200 239,374 Reimbursable Expense Estimate $22,416 $0 22,416 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 October 14. 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Jaime Murillo, Associate Planner (949) 644 -3209, 0 m u rillo(cD city. newport-beach. ca. us SUBJECT: Contract for Environmental Consulting Services Hyatt Regency Environmental Impact Report (EIR) APPLICANT: Sunstone Hotel Investors, Inc. ISSUE In accordance with Council Policy F -14 (Authority to Contract for Services), the City Manager shall provide notice of a permit application and a brief description of the proposed project to the City Council when a contract for professional services is paid for by funds in an applicant deposit account and the total cost for services exceeds $100,000. RECOMMENDATION Receive and File. This report is intended to provide notice to the City Council of a contract for professional services between the City of Newport Beach and The Planning Center for the preparation of an Environmental Impact Report (EIR) associated with a project to expand the existing Hyatt Regency Hotel at 1107 Jamboree Road. The current contract is in the amount of $190,070.00, which was paid for by the project applicant ( Sunstone Hotel Investors, Inc.); however, the scope of work has been expanded to include additional analysis required for additional work beyond the approved scope of work to complete the Final EIR. The approved scope of work assumed a minimal level of response to comments on the Draft EIR and two weeks preparation for the Final EIR; however, numerous lengthy comment letters were received on the Draft EIR, including substantive comments that required additional research, and substantial discussion and coordination with the project team to develop responses. Preparation of the Final EIR October 14, 2008 Page 2 will also require revisions to the Draft EIR and preparation of additional exhibits. The estimated budget to Complete this additional analysis is $46,520.00, resulting in a total contract amount of $236,590.00. The applicant has been notified of the amended contract amount and has agreed to fund the amount. The project includes the addition of 88 timeshare units, an expanded 11,032 square -foot ballroom, a 10,072 square -foot spa and new pool, and a new two -level parking garage. Implementation will require demolition of 12 existing hotel rooms and the Terrace Ballroom and removal of a nine -hole golf course. The expansion will require the following approvals from the City: • A parcel map to reconfigure two existing lots, allowing the timeshares to remain on one parcel and the hotel on the other, and to establish finished grades for the purposes of measuring height. • A use permit to allow the expansion of the existing hotel and establishment of a timeshare development. A use permit is also required to allow the proposed timeshare buildings and ballroom to exceed the 26 -foot base height limit. • A modification permit to allow commercial tandem parking and to allow the architectural tower and finial element of the proposed ballroom to exceed the 35- foot maximum height limit. • A development agreement between the City and the operator of the timeshare development relating to the amount of tax payable to the City for the right of occupancy of the timeshare units. • Certification of an Environmental Impact Report The Final EIR is currently under preparation and will consist of the circulated Draft EIR, the response to comments on the Draft EIR, and revisions to the Draft EIR. An October 23, 2008 Planning Commission hearing is tentatively scheduled for review of the project and EIR. Prepared by: Submitted by: V_e�z. Z44_� daime Murillo, Associate Planner omer Bludau ity anager F :IUSERSIPLN\Shared\Professional Services Agreements & Contracts*iyaR - Planning CenterUiyatt Council Report 3.doC THE PLANNING CENTER August 18, 2008 Governmental Services Planning & Urban Design Environmental Studies School Facilities Planning 1580 Metro Drive Costa Mesa, CA 92626 Mr. Jaime Murillo, Associate Planner Plrone: 714.966.9220 City of Newport Beach 3300 Newport Boulevard Fav 714.966.9221 Newport Beach, CA 92658 �^1P cosmmesa@pJanningcenter.com Subject: Request for Contract Amendment No. 3 for Environmental Services for the Hyatt Regency Newport Beach Project (CNB -09.OE) (As updated September 24, 2008) Dear Mr. Murillo: This letter is to request Contract Amendment No. 3 for The Planning Center's environmental services for the Hyatt Regency Newport Beach Project. Our last contract amendment (December 2007) addressed additional work required to revised the Screencheck EIR prior to its release as a Draft EIR. This amendment is required for additional effort beyond the approved scope of work to complete the Final EIR, including extended meeting attendance to coordinate that effort. This amendment also includes additional effort for IBI to respond to operations and construction- related traffic comments received on the Draft EIR. As summarized in Table 1, Cost Estimate, our existing contract as previously amended for this project is for a total of $190,070, including subconsultants and reimbursables. To complete the processing of this project, we are requesting $42,820 in additional labor fees for The Planning Center and $3,700 in fees for IBI. No additional reimbursable costs are requested. Total contract amount upon approval of this amendment will be $236,590, including subconsultants and reimbursables. THE PLANNING CENTER SCOPE OF WORK Task 1: Initial Study/Notice of Preparation This task has been completed and there are no changes. Task 2: Public Scoping Meeting Subsequent to contract execution, the City decided that a public scoping meeting would not be necessary for the project. The budget for this task was subtracted in Contract Amendment No. 1. Task 3: Screencheck Draft EIR This task has been completed and there are no changes. 3 Mr. Jaime Murlllo, City of Newport Beach August 18, 2008 Page 2 of 5 Task 4: Draft EIR This task has been completed and there are no changes. Task 5: Final EIR /Response to Comments The original contract assumed a minimal level of comment on the Draft EIR and two weeks preparation time for the Final EIR. Numerous lengthy comment letters were received on the Draft EIR, including substantive comments that required additional research, and substantial discussion and coordination with the project team to develop responses. Preparation of the Screencheck Final EIR has also required revisions to the Draft EIR and preparation of additional EIR exhibits. Incoordination with the City and applicant project team, the preparation of the Final EIR (to date) has taken approximately 20 weeks to complete and review per team review comments. Preparation also includes incorporating revisions to the project description relative to landscaping and fuel- modification plans to address fire department requirements. Supplemental detail has been provided by the team and incorporated into the Final EIR, including lighting plans, updated BMPs, fuel modification, visual simulations, grading plan detail, and hydrology/ loodplain information. Additional work required for IBI to assist The Planning Center in preparing Response to Comments for the Final EIR is detailed below under Subconsultants. Task 6: Mitigation Monitoring Program This task has not been initiated and we are not recommending any changes. Task 7: Findings of Fact and Statement of Overriding Considerations This task has not been initiated and we are not recommending any changes. Task 8: Public Hearings /Meetings As included in our Contract Amendment No. 2 scope of work (November 8, 2007), our remaining scope included attendance at up to one additional meeting and up to four public hearings by our project manager. We have attended the following meetings subsequent to the last contract amendment: Date Meeting Purpose 12/21/07 Meeting at City to review SCEIR team comments (3.5 hours. TPC attendees: JoAnn Hadfield and Jorge Estrada) 4/7/08 Meeting at City to review DEIR comments (5 hours. TPC attendee: JoAnn Hadfield) 7/22/08 Meeting at City to review Screencheck Final EIR (3 hours. TPC attendees: JoAnn Hadfield and Azurde Harris) In addition to the additional time required for these meetings, the cost estimate for this contract amendment assumes that Nicole Vermillion from our staff will attend the public hearings with JoAnn Hadfield to address potential air quality, noise, and /or climate change questions on the project. Mr. Jaime Murlllo, City of Newport Beach August 18, 2008 Page 3 of 5 Task 9: Notice of Determination This task has not been initiated and we are not recommending any changes. Task 10: Project Management and Coordination As noted above, the schedule for preparation of the Final EIR was extended substantially beyond the schedule assumed in our scope of work, as amended through Contract Amendment No. 2. Our cost estimate for this task was based on the submittal of the SCEIR by the end of November 2007 and the assumed timeframes in the original proposal for Draft EIR public circulation and preparation of the Final EIR. Based on these assumptions, the Final EIR would be completed 13 weeks from the start of the public review period. Assuming completion of the Final EIR by the end of August, this task will have taken 22 weeks since the close of the public review period. Additional fees for project management and coordination have been based on an estimated 2 hours/week for the additional 9 weeks, in comparison to the contract as approved to date. IBI The following additional scope of work for IBI is based on revisions to their original scope of work as presented in Appendix B of our February 2006 proposal and amended under Contract No. 1. TASK 1: Project Definition No additional work efforts are assumed under Task 1. TASK 2: Existing Conditions No additional work efforts are assumed under Task 2. TASK 3: Future Traffic Conditions • TPO Analysis No additional work efforts are assumed under Task 3. TASK 4: Future Traffic Conditions - CEQA Analysis No additional work efforts are assumed under Task 4. TASK 5: Review of Applicant Parking Study IBI groups was requested to pdate the project parking demand analysis to include a revised size for the existing banquest/meeting facilities. The parking demand update will also include the incorporation of a non-captive user ratio into the parking demand analysis and updates to the traffic study report. TASK 6: Response to Environmental Impact Report Comments Comments received from Caltrans District 12 on the Draft Environmental Impact Report request the analysis of the Pacific Coast Highway /Dover Drive and Pacific Coast Highway/Bayside Drive intersections using the Highway Capacity Methodology (HCM). The City of Newport Beach authorized this analysis in May 2008. The completion of new analysis goes beyond the anticipated scope and budget for this task, which had assumed only the preparation of responses to comments, not new traffic analysis. The budget augment is request to cover the work efforts necessary to complete this analysis. 0 S Mr. Jaime Murlllo, City of Newport Beach August 18, 2008 Page 4 of 5 TASK 7: Meetings No additional work efforts are assumed under Task 7 beyond what current remains in our approved budget. TASK B: Future Traffic Conditions - Construction Analysis The traffic analysis for this task will be revised to assume that all construction trips take access to the site from Back Bay Drive. These revisions will require changes to the construction traffic analysis report, figures, and intersection level of service worksheets. SUMMARY COST ESTIMATEAND SCHEDULE Attached Table 1 summarizes the previously approved contract and requested Contract Amendment No. 3 by task and consultant. This contract amendment request is for a total of $42,820 for The Planning Center labor and $3,700 for IBI labor. No additional reimbursable costs are requested. Approval of this 3rd Contract Amendment would bring the total contract amount to $236,590 for the Hyatt Regency Newport EIR. For purposes of planning and budgeting, it is assumed that the final landscaping plans and view simulations due from the project applicant will be available to The Planning Center August 2008, and that the revised Final EIR will be submitted to the City prior to the end of the month (August 2008). Public hearing attendance is assumed to be completed prior to November 2008. We look forward to working with the City and the Hyatt consultant team to successfully complete this project. Please contact me with any questions you may have regarding this contract amendment �- request. 4 Sincerely, THE PLANNING CENTER JoAnn Hadfield Director, Environmental Services Attachment 3 Mr. Jaime Murlllo, City of Newport Beach August 18, 2008 Page 5 of 5 Table 1 The Planning Center COST SUMMARY Requested Total Approved Contract Original Contract Contract Contract through Amendment Task Contract Amendment # 1 Amendment # 2 12/2007 # 3 Total Task 1. Initial Stud /NOP $4,250 $0 $0 1 $4,250 $0 $4,250 Task 2. Public Scoping Meeting 2,640 -2,640 0 0 0 0 Task 3. Screencheck Draft EIR 46,020 16,800 17,020 79,840 0 79,840 Task 4. Draft EIR 6,450 0 0 6,450 0 6,450 Task 5. Final EIR/Response to Comments 9,200 0 0 9,200 33,775 42,975 Task 6. Mitigation Monitoring Program 750 0 0 750 0 750 Task 7. Statement of Findings /Statement of Overriding Considerations 1,400 0 0 1,400 0 1,400 Task 8. Hearings/Meetings 3,960 4,200 0 8,160 1 2,925 1 11,085 Task 9. Notice of Determination 200 1 0 1 0 1 200 1 0 1 200 01 0 S ILQIIMICI -W II AMENDMENT NO. 3 VuR TO PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR PREPARATION OF AN EIR FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 22nd day of September, 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and THE PLANNING CENTER a California Corporation, whose address is 1580 Metro Drive, Costa Mesa, California, 92626 ("CONSULTANT"), and is made with reference to the following: RECITALS: A. On April 11, 2006, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", for environmental consulting services for the Hyatt Regency hotel expansion, hereinafter referred to as "PROJECT". B. CITY and CONSULTANT have entered into two separate AMENDMENTS of the AGREEMENT, the latest dated November 27, 2007. B. CITY desires to enter into this AMENDMENT NO. 3 to reflect additional services not included in the AGREEMENT or prior AMENDMENTS and to extend the term of the AGREEMENT to February 22, 2009. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 3, as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 3 including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's THE 006CENTER ULANNING Governmental Services Planning & Urban Design Environmental Studies School Facilities Planning August 18, 2008 1580 Metro Drive Costa Mesa, CA 92626 Mr. Jaime Murillo, Associate Planner Phone: 714.966.9220 City of Newport Beach 3300 Newport Boulevard Fax: 714.966.9221 Newport Beach, CA 92658 costamesa@planningcenter.com Subject: Request for Contract Amendment No. 3 for Environmental Services for the Hyatt Regency Newport Beach Project (CNB-09.OE) Dear Mr. Murillo: This letter is to request Contract Amendment No. 3 for The Planning Center's environmental services for the Hyatt Regency Newport Beach Project. Our last contract amendment (December 2007) addressed additional work required to revised the Screencheck EIR prior to its release as a Draft EIR. This amendment is required for additional effort beyond the approved scope of work to complete the Final EIR, including extended meeting attendance to coordinate that effort. This amendment also includes additional effort for IBI to respond to operations and construction -related traffic comments received on the Draft EIR. As summarized in Table 1, Cost Summary, our existing contract as previously amended for this project is for a total of $190,070, including subconsultants and reimbursables. To complete the processing of this project, we are requesting $42,820 in additional labor fees for The Planning Center and $2,850 in fees for IBI. No additional reimbursable costs are requested. Total contract amount upon approval of this amendment will be $235,750, including subconsultants and reimbursables. THE PLANNING CENTER SCOPE OF WORK Task 1: Initial Study/Notice of Preparation This task has been completed and there are no changes. Task 2: Public Scoping Meeting Subsequent to contract execution, the City decided that a public scoping meeting would not be necessary for the project. The budget for this task was subtracted in Contract Amendment No. 1. Task 3: Screencheck Draft EIR This task has been completed and there are no changes. Mr. Jaime Murillo, City of Newport Beach August 18, 2008 Page 2 of 5 Task 4: Draft EIR This task has been completed and there are no changes. Task 5: Final EIR/Response to Comments The original contract assumed a minimal level of comment on the Draft EIR and two weeks preparation time for the Final EIR. Numerous lengthy comment letters were received on the Draft EIR, including substantive comments that required additional research, and substantial discussion and coordination with the project team to develop responses. Preparation of the Screencheck Final EIR has also required revisions to the Draft EIR and preparation of additional EIR exhibits. In coordination with the City and applicant project team, the preparation of the Final EIR (to date) has taken approximately 20 weeks to complete and review per team review comments. Preparation also includes incorporating revisions to the project description relative to landscaping and fuel -modification plans to address fire department requirements. Supplemental detail has been provided by the team and incorporated into the Final EIR, including lighting plans, updated BMPs, fuel modification, visual simulations, grading plan detail, and hydrology/floodplain information. Additional work required for IBI to assist The Planning Center in preparing Response to Comments for the Final EIR is detailed below under Subconsultants. Task 6: Mitigation Monitoring Program This task has not been initiated and we are not recommending any changes. Task 7: Findings of Fact and Statement of Overriding Considerations This task has not been initiated and we are not recommending any changes. Task 8: Public Hearings/Meetings As included in our Contract Amendment No. 2 scope of work (November 8, 2007), our remaining scope included attendance at up to one additional meeting and up to four public hearings by our project manager. We have attended the following meetings subsequent to the last contract amendment: Date Meeting Purpose 12/21/07 Meeting at City to review SCEIR team comments (3.5 hours. TPC attendees: JoAnn Hadfield and Jorge Estrada) 4/7/08 Meeting at City to review DEIR comments (5 hours. TPC attendee: JoAnn Hadfield) 7/22/08 Meeting at City to review Screencheck Final EIR (3 hours. TPC attendees: JoAnn Hadfield and Azurde Harris) In addition to the additional time required for these meetings, the cost estimate for this contract amendment assumes that Nicole Vermillion from our staff will attend the public hearings with JoAnn Hadfield to address potential air quality, noise, and/or climate change questions on the project. Mr. Jaime Murillo, City of Newport Beach August 18, 2008 Page 3 of 5 Task 9: Notice of Determination This task has not been initiated and we are not recommending any changes. Task 10: Project Management and Coordination As noted above, the schedule for preparation of the Final EIR was extended substantially beyond the schedule assumed in our scope of work, as amended through Contract Amendment No. 2. Our cost estimate for this task was based on the submittal of the SCEIR by the end of November 2007 and the assumed timeframes in the original proposal for Draft EIR public circulation and preparation of the Final EIR. Based on these assumptions, the Final EIR would be completed 13 weeks from the start of the public review period. Assuming completion of the Final EIR by the end of August, this task will have taken 22 weeks since the close of the public review period. Additional fees for project management and coordination have been based on an estimated 2 hours/week for the additional 9 weeks, in comparison to the contract as approved to date. IBI The following additional scope of work for IBI is based on revisions to their original scope of work as presented in Appendix B of our February 2006 proposal and amended under Contract No. 1. TASK 1: Project Definition No additional work efforts are assumed under Task 1. TASK 2: Existing Conditions No additional work efforts are assumed under Task 2. TASK 3: Future Traffic Conditions - TPO Analysis No additional work efforts are assumed under Task 3. TASK 4: Future Traffic Conditions - CEQA Analysis No additional work efforts are assumed under Task 4. TASK 5: Review of Applicant Parking Study No additional work efforts are assumed under Task 5. TASK 6: Response to Environmental Impact Report Comments Comments received from Caltrans District 12 on the Draft Environmental Impact Report request the analysis of the Pacific Coast Highway/Dover Drive and Pacific Coast Highway/Bayside Drive intersections using the Highway Capacity Methodology (HCM). The City of Newport Beach authorized this analysis in May 2008. The completion of new analysis goes beyond the anticipated scope and budget for this task, which had assumed only the preparation of responses to comments, not new traffic analysis. The budget augment is request to cover the work efforts necessary to complete this analysis. Mr. Jaime Murillo, City of Newport Beach August 18, 2008 Page 4 of 5 TASK 7: Meetings No additional work efforts are assumed under Task 7 beyond what current remains in our approved budget. TASK 8: Future Traffic Conditions - Construction Analysis The traffic analysis for this task will be revised to assume that all construction trips take access to the site from Back Bay Drive. These revisions will require changes to the construction traffic analysis report, figures, and intersection level of service worksheets. SUMMARY COST ESTIMATE AND SCHEDULE Attached Table 1 summarizes the previously approved contract and requested Contract Amendment No. 3 by task and consultant. This contract amendment request is for a total of $42,820 for The Planning Center labor and $2,850 for IBI labor. No additional reimbursable costs are requested. Approval of this 3rd Contract Amendment would bring the total contract amount to $235,740 for the Hyatt Regency Newport EIR. For purposes of planning and budgeting, it is assumed that the final landscaping plans and view simulations due from the project applicant will be available to The Planning Center August 2008, and that the revised Final EIR will be submitted to the City prior to the end of the month (August 2008). Public hearing attendance is assumed to be completed prior to November 2008. We look forward to working with the City and the Hyatt consultant team to successfully complete this project. Please contact me with any questions you may have regarding this contract amendment l♦ request. 100 Sincerely, THE PLANNING CENTER JoAnn Hadfield Director, Environmental Services Attachment Ooo O Ino O coO�C) m CO Orn v c 0 U') V U') fl -a LC) O O O O = N r Cf CD � N W �t O t` -:I-ap O N W w 00 co co <t M mr I.. -h O CD N T T I- V 'c M 00 M N LCA f0„ Ef3 t` r N r 6fb t 6M4 N 6N9 N 69 69 6f3 O I m c I m - W N C:) � C:, � N I M I. O N 0 0 0 O O O `O f` r �0- 4R O O OI O I� O rIN o o 0 LO O LC) O CO O V N t` -q' O N COO C7) TO Mo O07 U t0 O O r LU'.)r � O CD CO � O M C(i 1_ N C M CO N C) 4% b9 T- (7, O I O I�I ISI r 0 � 419• 419 419 4i1 E W --- J ID ¢ ccz O cnC3 -c Z E O O O O r iT tYii r O CD CO r CL !7' CO co O) M N R Gc m a) CC LU GFi O 69 r 419 c 49 E W --- J ID ¢ ccz O cnC3 -c Z E O O O NCD � tYii OC O U CL C/) c c co c R Gc m a) CC LU O c' N c' O a c O E U O � R co N J J d, ii CO C cmcm E E O ccz o CA C0.1 H o> C O n y c 0 i- rn C += N c cC Z W ~ Q O Y U d 0 > c o Z D ti N �_ � L C + 0 N y O o Co U y W W O is E C 4) Q N =O o J c C7 Z U � O> � cz .� .O o J c�a w E c cD m ¢ � `o CL C/) o �c!)C.D 0- y E E ¢ o > > E °J p„ r U M U h 00 M Or E W --- J ID ¢ ccz O cnC3 -c Z E O O tYii OC O U CL C/) c c co c R Gc m a) CC LU O c' N c' O a c O E U co J d, ii CO C cmcm E E ccz CA W O Z o> C O n y c 0 i- rn C += N c cC Z W ~ �.d Y U d 0 Z D O N �_ � L C + 0 N y N x U y W W O is E C 4) Q =O J C7 Z U """� O> � cz .� .O o J c�a OW CD m ¢ ZS CL C/) iu E �c!)C.D 0- y ¢ p„ r CV M CO 00 M Or V O` O 1--' m ly Y Y Y Y Y Y Y Y Y Y m O c cUC cOC cUC UO W � E W --- J ID ¢ ccz O cnC3 -c Z E C AMENDMENT NO. 2 • L 3Bq TO PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR PREPARATION OF AN EIR FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 27th day of November, 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and THE PLANNING CENTER a California Corporation, whose address is 1580 Metro Drive, Costa Mesa, California, 92626 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On April 11, 2006, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for environmental consulting services for the Hyatt Regency hotel expansion, hereinafter referred to as "PROJECT ". B. CITY and CONSULTANT have entered into one separate AMENDMENT of the AGREEMENT, the latest dated July 24, 2007. B. CITY desires to enter into this AMENDMENT NO. 2 to reflect additional services not included in the AGREEMENT or prior AMENDMENT and to extend the term of the AGREEMENT to July 24, 2008. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 2, as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: In addition to the services to be provided pursuant to thee AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 2 including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. 2, including all reimbursable items and subconsultant fees, shall not exceed Eighteen Thousand Seven Hundred Seventy Dollars and no/100 ($18,770.00) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to July 24, 2008. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: Br2 J� Z �w & La onne Harkless, City Clerk Attachments: Exhibit A — Scope of Services CITY OF NEWPORT BEACH, A MuMi 'palorp ration Mayor for the City of Newport Bach CONSULTANT: By: Dwa a Me rs Corporate xecuti Officer By: Keith McCann Chief Financial Officer F:\USERS\PLN\Shared\Professional Services Agreements & Contracts\Hyatt - Planning Center\Planning Center Contract Amendment 11-27-07.doc 0 10 November 8, 2007 Mr. Jaime Murillo, Associate Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Request for V Contract Amendment for Environmental Services for the Hyatt Regency Newport Beach Project (CNB- 09.OE) Dear Mr. Murillo: This letter is to request a contract amendment for services by The Planning Center to modify the Screencheck EIR for the Hyatt Regency Newport Beach Project to address recent project description changes as proposed by the project applicant. These changes were made primarily to address biological resource (coastal sage scrub) and fuel modification issues related to timeshare building development in the northern portion of the project site. Modifications to the Screencheck EIR to address these changes and to document the findings of updated technical studies are beyond the scope of our original contract as amended in June 2007. Our existing contract as previously amended for this project is for a total of $171,300, including subconsultants and reimbursables. To complete the processing of this project, we are requesting $18,770 in additional labor fees for The Planning Center. No additional subconsuttant or reimbursable costs are requested. Following is a description of the scope of work to be included for the additional fees. THE PLANNING CENTER SCOPE OF WORK Task 1: Initial Study/Notice of Preparation This task has been completed and there are no changes. Task 2: Public Scoping Meeting Subsequent to contract execution, the City decided that a public scoping meeting would not be necessary for the project. The budget for this task was subtracted in Contract Amendment No. 1. Task 3: Screencheck Draft EIR The following additional work is required to address the proposed revisions to the project: Project Description Revisions The project description will be updated to reflect the revised site plan and phasing (opening year of 2011). The description will require updating each of the exhibits in this section, and will also be 0 0 November 8, 2007 Page 2 supplemented to include a description of the proposed Fire Protection Plan. It is assumed that exhibits to update proposed infrastructure improvements (Conceptual Water and Sewer Plan, Drainage Concept Plan, etc.) will be provided by Fuscoe Engineering and Site Plan, Elevations, etc., will be provided by Lee and Sakahara Architects. Topical Ana"is Proposed site plan revisions primarily affect the following EIR sections: Aesthetics, Biological Resources, Land Use and Planning, and Traffic (Parking). These sections will be updated to reflect the revised Site Plan and more detailed assessment of biological resource impacts, and related mitigation. The Land Use and Planning section will evaluate the revised building elevations relative to the City's height limitation requirements and also update the assessment of land use policies relative to coastal sage scrub. The traffic study update as included in Contract Amendment No. t will be updated to reflect an opening year of 2011. Although the number of units and the ballroom and spa square footage have not been modified, this update will after traffic counts (ADTs) which will require updating our air quality and noise analyses. The noise analysis was conducted using the Federal Highway Administration's Traffic Noise Model (rNM). Changes to the traffic modeling year affect the number of vehicles on roadway segments in the project vicinity. The TNM will need to be updated to reflect the average dairy number of vehicle on roadway segments in the traffic analysis. Moreover, due to recent direction regarding global warming analysis, we now recommend quantifying greenhouse gas emissions for this project. This scope of work, therefore, includes updating the air quality analysis based on the URBEMIS2007, version 9.2.2, computer model, and also quantifying project - related CO, emissions. Graphics Revisions to the Site Plan necessitate revisions to the majority of EIR exhibits and preparation of a few additional exhibits to provide clarification on biological resource impacts and the Fire Protection Plan. Approximately 25 exhibits will be updated. As noted above, the source images for these exhibits will be provided by the applicant's consultants. Alternatives Our scope of work assumes that the project alternatives as prepared for the Screencheck EIR as submitted to the City will not need to be revised. We do not anticipate additional significant impacts due to the modified plan or updated analysis that would require additional project alternatives. Task 4: Draft EIR This task has not been Initiated and we are not recommending any changes. Task S. Final EIR/Response To Comments This task has not been initiated and we are not recommending any changes. Task 6: Mitigation Monitoring Program This task has not been initiated and we are not recommending any changes. Task 7: Findings of Fact and Statement of Overriding Considerations This task has not been initiated and we are not recommending any changes. November 8, 2007 Page 3 Task 8: Public Hearings /Meetings Our approved scope of work as amended in June 2007 includes participation in up to nine meetings and four public hearings. To date, we have participated in the following meetings: Date Meetina Puroose 4/21/06 Project kick -off meeting at City 5/23/06 Traffic scoping meeting at City 8/23/06 Traffic meeting at City 10119/06 Meeting to review Initial Study at City 1/10107 Site meeting w /California Department of Fish and Game 5/15/07 Traffic meeting at City 7/13/07 Team meeting at City 10/25/07 Team meeting at City Our approved contract, therefore, includes our attendance at one more meeting and up to four public hearings. Since we only anticipate attendance at one more meeting (to review Screencheck EIR review comments with the City), we are not requesting additional fees for meeting or hearing or attendance at this time. This task still assumes attendance by our project manager at up to four public hearings. Task 9: Notice Of Determination This task has not been initiated and we are not recommending any changes. Task 10: Project Management and Coordination Pursuant to the Statement of Offer in our proposal, The Planning Center may request a budget augment if completion of the Draft EIR is extended more than 60 days beyond the schedule presented in the proposal for reasons beyond the control of The Planning Center. The latest modifications have resulted in extending the delay beyond the time addressed in our previous contract amendment. Additional project management /coordination fees have been added in this amendment to cover additional coordination time. COST ESTIMATE THE PLANNING CENTER COST ESTIMATE - CONTRACT AMENDMENT # 1 TqN Glut Task 1. Initial of Preparation 0 Task 2. Public Scoping Meetng 0 Task 3. Screencheck Draft EIR 17,020 Task 4. Draft EIR 0 Task 5. Final EIR/Response to CommeMS' 0 Task 6. Mitigation Monitoring Program 0 Task 7. Statement of Facts & Rndings, Statement of Overriding Considerations 0 Task 8. Hearings/Meetinp 0 Task 9. Notice of Determination 0 Task 10. Project Management and Coordination 1,750 TOTAL - ThePlannin Center 518,770 r� u November 8, 2007 Page 4 SUMMARY COST ESTIMATEAND SCHEDULE 0 This contract amendment request is for a total of $18,770 for The Planning Center labor. No additional costs are included for our suboonsultants or estimated reimbursables. Approval of this 2nd Contract Amendment would bring the total contract amount to $190,070 for the Hyatt Regency Newport EIR. For purposes of planning and budgeting, it is assumed that The Planning Center will submit the 2m Screencheck EIR to the City by the end of November 2007, and remaining tasks will proceed with the estimated durations assumed in the original proposal. Submittal of the 2' Screencheck EIR is based on receipt of the revised traffic study from IBI on November 9, 2007, and timely receipt of revised exhibits from the applicant's consultants. We look forward to working with the City and the Hyatt consultant team to successfully complete this project. Please contact me with any questions you may have regarding this contract amendment request. Sincerely, THE PLANNING CENTER JoAnn Hadfield Director, Environmental Services Attachment CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 November 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Jaime Murillo, Associate Planner (949) 644 - 3209, lmu rillo(&citv.newport- beach.ca.us SUBJECT: Contract for Environmental Consulting Services . Hyatt Regency Environmental Impact Report (EIR) APPLICANT: Sunstone Hotel Investors, Inc. ISSUE In accordance with Council Policy F -14 (Authority to Contract for Services), the City Manager shall provide notice of a permit application and a brief description of the proposed project to the City Council when a contract for professional services is paid for by funds in an applicant deposit account and the total cost for services exceeds $100,000. RECOMMENDATION Receive and File. DISCUSSION This report is intended to provide notice to the City Council of a contract for professional services between the City of Newport Beach and The Planning Center for the preparation of a Draft Environmental Impact Report (EIR) associated with a project to expand the existing Hyatt Regency hotel at 1107 Jamboree Road. The existing contract is in the amount of $171,300.00, which was paid for by the project applicant ( Sunstone Hotel Investors, Inc.); however, the scope of work has been expanded to include additional analysis required to address biological resource and fuel modification issues related to the proposed timeshare buildings located in.the northern portion of the site. The estimated budget to complete this - additional analysis is $18,770.00, resulting in a total contract amount of $190,070.00. The applicant has been noted of the amended contract amount and has agreed to fund the amount. November 27, 2007 Page 2 The project includes the addition of 88 timeshare units, an expanded 11,032 square -foot ballroom, a 10,072 square -foot spa and new pool, and a new two -level parking garage. Implementation will require demolition of 12 existing hotel rooms and the Terrace Ballroom and removal of a nine -hole golf course. The expansion will require the following approvals from the City: 1. Use Permit - Expansion of hotel and an increase in permissible height to 35 -feet; 2. Development Agreement - Required for timeshare units; 3. Parcel Map - Subdivide the property into two parcels; 4. Certification of an Environmental Impact Report The DEIR is currently under preparation for the project and will analyze any potential significant effects resulting from project implementation and will identify any mitigation measures and reasonable alternatives to avoid such significant effects. Prepared by: Ime Murillo, Associate Planner Submitted by: Homer Bludau, C' y Manager FMSERSTLMSharedlProfessional Services Agreements S Contractsftatt - Planning CenteAHyatt Council ReportIdoc November 8, 2007 Mr. Jaime Murillo, Associate Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Request for V Contract Amendment for Environmental Services for the Hyatt Regency Newport Beach Project (CNB- 09.OE) Dear Mr. Murillo This letter is to request a contract amendment for services by The Planning Center to modify the Screencheck EIR for the Hyatt Regency Newport Beach Project to address recent project description changes as proposed by the project applicant. These changes were made primarily to address biological resource (coastal sage scrub) and fuel modification issues related to timeshare building development in the northern portion of the project site. Modifications to the Screencheck EIR to address these changes and to document the findings of updated technical studies are beyond the scope of our original contract as amended in June 2007. Our existing contract as previously amended for this project is for a total of $171,300, including subconsultants and reimbursables. To complete the processing of this project, we are requesting $18,770 in additional labor fees for The Planning Center. No additional subconsultant or reimbursable costs are requested. Following is a description of the scope of work to be included for the additional fees. THE PLANNING CENTER SCOPE OF WORK Task it Initial Study/Notice of Preparation This task has been completed and there are no changes. Task 2: Public Seeping Meeting Subsequent to contract execution, the City decided that a public scoping meeting would not be necessary for the project. The budget for this task was subtracted in Contract Amendment No. 1. Task 3: Screencheck Draft EIR The following additional work is required to address the proposed revisions to the project: Project Description Revisions The project description will be updated to reflect the revised site plan and phasing (opening year of 2011). The description will require updating each of the exhibits in this section, and will also be November S, 2007 Page 2 supplemented to include a description of the proposed Fire Protection Plan. It is assumed that exhibits to update proposed infrastructure improvements (Conceptual Water and Sewer Plan, Drainage Concept Plan, etc.) will be provided by Fuscoe Engineering and Site Plan, Elevations, etc., will be provided by Lee and Sakahara Architects. Topical Analysis Proposed site plan revisions primarily affect the following EIR sections: Aesthetics, Biological Resources, Land Use and Planning, and Traffic (Parking). These sections will be updated to reflect the revised Site Plan and more detailed assessment of biological resource impacts, and related mitigation. The Land Use and Planning section will evaluate the revised building elevations relative to the City's height limitation requirements and also update the assessment of land use policies relative to coastal sage scrub. The traffic study update as included in Contract Amendment No. 1 will be updated to reflect an opening year of 2011. Although the number of units and the ballroom and spa square footage have not been modified, this update will alter traffic counts (ADTs) which will require updating our air quality and noise analyses. The noise analysis was conducted using the Federal Highway Administration's Traffic Noise Model (TNM). Changes to the traffic modeling year affect the number of vehicles on roadway segments in the project vicinity. The TNM will need to be updated to reflect the average daily number of vehicle on roadway segments in the traffic analysis. Moreover, due to recent direction regarding global warming analysis, we now recommend quantifying greenhouse gas emissions for this project. This scope of work, therefore, includes updating the air quality analysis based on the URBEMIS2007, version 9.2.2, computer model, and also quantifying project- related CO, emissions. Graphics Revisions to the Site Plan necessitate revisions to the majority of EIR exhibits and preparation of a few additional exhibits to provide clarification on biological resource impacts and the Fire Protection Plan. Approximately 25 exhibits will be updated. As noted above, the source images for these exhibits will be provided by the applicant's consultants. Alternatives Our scope of work assumes that the project alternatives as prepared for the Screencheck EIR as submitted to the City will not need to be revised. We do not anticipate additional significant impacts due to the modified plan or updated analysis that would require additional project alternatives. Task 4: Draft EIR This task has not been initiated and we are not recommending any changes. Task 5: Final EIR/Response To Comments This task has not been initiated and we are not recommending any changes. Task 6: Mitigation Monitoring Program This task has not been initiated and we are not recommending any changes. Task 7: Findings of Fact and Statement of Overriding Considerations This task has not been initiated and we are not recommending any changes. November8,2007 Page 3 Task 8: Public Hearings/Meetings Our approved scope of work as amended in June 2007 includes participation in up to nine meetings and four public hearings. To date, we have participated in the following meetings: Date Meeting Purpose 4/21/06 Project kick -off meeting at City 5/23/06 Traffic scoping meeting at City 8/23/06 Traffic meeting at City 10/19/06 Meeting to review Initial Study at City 1/10/07 Site meeting w /California Department of Fish and Game 5/15/07 Traffic meeting at City 7/13/07 Team meeting at City 10/25/07 Team meeting at City Our approved contract, therefore, includes our attendance at one more meeting and up to four public hearings. Since we only anticipate attendance at one more meeting (to review Screencheck EIR review comments with the City), we are not requesting additional fees for meeting or hearing or attendance at this time. This task still assumes attendance by our project manager at up to four public hearings. Task 9:. Notice Of Determination This task has not been initiated and we are not recommending any changes. Task 10: Protect Management and Coordination Pursuant to the Statement of Offer in our proposal, The Planning Center may request a budget augment if completion of the Draft EIR is extended more than 60 days beyond the schedule presented in the proposal for reasons beyond the control of The Planning Center. The latest modifications have resulted in extending the delay beyond the time addressed in our previous contract amendment. Additional project management/coordination fees have been added in this amendment to cover additional coordination time. COST ESTIMATE THE PLANNING CENTER November 8, 2007 Page 3 Task 8: Public Hearings/Meetings Our approved scope of work as amended in June 2007 includes participation in up to nine meetings and four public hearings. To date, we have participated in the following meetings: Date Meeting Purpose 4/21/06 Project kick -off meeting at City 5/23/06 Traffic scoping meeting at City 8/23/06 Traffic meeting at City 10/19/06 Meeting to review Initial Study at City 1/10/07 Site meeting w /California Department of Fish and Game 5/15/07 Traffic meeting at City 7/13/07 Team meeting at City 10/25/07 Team meeting at City Our approved contract, therefore, includes our attendance at one more meeting and up to four public hearings. Since we only anticipate attendance at one more meeting (to review Screencheck EIR review comments with the City), we are not requesting additional fees for meeting or hearing or attendance at this time. This task still assumes attendance by our project manager at up to four public hearings. Task 9: Notice Of Determination This task has not been initiated and we are not recommending any changes. Task 10: Project Management and Coordination Pursuant to the Statement of Offer in our proposal, The Planning Center may request a budget augment if completion of the Draft EIR is extended more than 60 days beyond the schedule presented in the proposal for reasons beyond the control of The Planning Center. The latest modifications have resulted in extending the delay beyond the time addressed in our previous contract amendment. Additional project management /coordination fees have been added in this amendment to cover additional coordination time. COST ESTIMATE THE PLANNING CENTER COST ESTIMATE - CONTRACT AM EN DM ENT # 1 Task Cost THE PLANNING CENTER LABOR Task 1. Initial Stud /Notice of Preparation S 0 Task 2. Public Scoping Meeting 0 Task 3. Screencheck Draft EIR 17,020 Task 4. Draft EIR 0 Task 5. Final EIR/Response to Comments' 0 Task 6. Mitigation Monitoring Program 0 Task 7. Statement of Facts & Findings, Statement of Overriding Considerations 0 Task 8. Hearings/Meetings 0 Task 9. Notice of Determination 0 Task 10. Project Management and Coordination 1,750 TOTAL - ThePlannin Center 1 $18,770 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR PREPARATION OF AN EIR FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 24th day of July 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and THE PLANNING CENTER a California Corporation, whose address is 1580 Metro Drive, Costa Mesa, California, 92626 ( "CONSULTANT"), and is made with reference to the following: RECITALS: A. On April 11, 2006, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for environmental consulting services for the Hyatt Regency hotel expansion, hereinafter referred to as °PROJECT'. B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to January 24, 2008. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1, as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: In addition to the services to be provided pursuant to thee AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. 1, including all reimbursable items and subconsultant fees, shall not exceed Thirty -Five Thousand Seven Hundred Thirty -Five Dollars and no/100 ($35,735) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to January 24, 2008. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: 'o 1!n " City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk ,6T,� Attachments: Exhibit A — Scope of Services CITY OF NEWPORT BEACH, A M - `i , ip I CorCorpi ration Mayor for the City of NewportlBeach CONSULTANT: B y' D dine Mrs Corp rate Officer Keith McCann Chief Financial Officer F:\Users\PLN\Shared\Professional Services Agreements & Contracts\Hyatt - Planning Center\Planning Center Contract Amendment 7-24-07.doc • �Q N""N • June 25, 2007 Mr. Jaime Mud lo, Associate Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Subject: Request for Contract Amendment for Environmental Services for the Hyatt Regency Newport Beach Project (CNB -09E) Dear Mr. Murillo: Governmental Services Planning & Urban Design Environmental Studies . Landscape Arcbiteaure 1560 Metro Drive Costa Mesa, CA 92626 Phone: 714.966.9220 Fax: 714.966.9221 EmaikcostaM&sa@planningcoNer.com As we have discussed, this letter is to request a contract amendment for services by The Planning Center and by the IBI Group for the Hyatt Regency Newport Beach EIR that are beyond the scope of our original contract. Our original contract for this project was $135,565, including reimbursables. To complete the processing of this project, we are requesting $29,735 in additional labor fees for The Planning Center and $6,000 for the IBI Group. Following is a description of our additional and /or revised tasks and associated cost estimates by consultant. THE PLANNING CENTER SCOPE OF WORK Task 1: Initial Study /Notice of Preparation This task has been completed and there are no changes. Task 2: Public Scoping Meeting Subsequent to contract execution, the City decided that a public scoping meeting would not be necessary for the project. This task has been eliminated and the budget of $2,640 for this task has been subtracted. Task 3: Screencheck Draft EIR The following additional work was incurred for this task: CIOSA Evaluation and Mitigated Negative Declaration (MND) Potential The City requested The Planning Center to evaluate a package submitted from the applicant's attorney supporting the preparation of an MND in lieu of an EIR for the proposed project. The Planning Center reviewed the cover letter and supporting documentation, primarily information related to the former Circulation and Open Space Agreement (CIOSA) and subsequent traffic analyses (prepared on behalf of the applicant), and prepared an opinion letter related to the processing of the project. June 25, 2007 • is Page 2 Project Description Revisions The project description was slightly modified during preparation of the EIR. Although the modifications to assure that building heights do not exceed 35 feet in height were minor, they required updating text and graphics that were already prepared. Supplemented Air Quality Analysis On October 6, 2006, the South Coast Air Quality Management District (SCAQMD) adopted PM2.5 regional and localized significance thresholds (LSTs) to determine PM2.5 significance in CEQA and NEPA documents. Because improvements for the Hyatt Regency Newport Beach expansion are being conducted on more than five acres, the SCAQMD recommends dispersion modeling to determine localized air quality. Dispersion modeling of construction air pollutant emissions of CO, NOx, PM,S, and PM2,swould be modeled using the ISCST3 computer model. Project - generated concentrations of air pollutants at nearby sensitive receptors were compared to the most stringent applicable federal or state ambient air quality standard. Based on recent EIR court challenges related to global warming issues, The Planning Center also updated the Hyatt Regency EIR to include a discussion of this topic. This was not anticipated in our original scope of work. Task 4: Draft EIR This task has not been initiated and we are not recommending any changes. Task 5: Final EIR /Response To Comments This task has not been initiated and we are not recommending any changes. Task e: Mitigation Monitoring Program This task has not been initiated and we are not recommending any changes. Task 7: Findings of Fact and Statement of Overriding Considerations This task has not been initiated and we are not recommending any changes. Task 8: Public Hearings/Meetings Our approved scope of work assumed participation in two staff coordination meetings and up to four public hearings. To date, we have attended the following meetings for this project: Date Meeting Purpose 4/21106 Project kick -off meeting at City 5/23/06 Traffic scoping meeting at City 8/23/06 Traffic meeting at City 10/19106 Meeting to review initiei Study at City 1/10/07 Site meeting w /California Department of Fish and Game 5/15107 Traffic meeting at City We anticipate a minimum of two more meetings, including a Screencheck EIR comment review meeting and a meeting with the City and applicant regarding biological resource issues and potential project alternatives. To accommodate these meetings and one more, for budgeting June 25, 2007 • • Page 3 Purposes we have revised this task to include nine meetings (the six we have attended and three more). This task still assumes attendance by our project manager at up to four public hearings. Task 9: Notice Of Determination This task has not been initiated and we are not recommending any changes. Task 10: Project Management And Coordination Pursuant to the Statement of Offer in our proposal. The Planning Center may request a budget augment if completion of the Draft EIR Is extended more than 60 days beyond the schedule presented in the proposal for reasons beyond the control of The Planning Center. The proposed schedule for this project has experienced significant delays due to: (1) the 'stop work' order while the applicant was reviewing CIOSA and the option to process an MND, (2) project revisions to limit building height to 35 feet, and (3) recent Issues related to biological resources and fuel modification requirements. Our original schedule assumed that the Final EIR would be ready for public hearings within six months. It has been thirteen months since the project kick-off meeting and a Draft EIR Is riot yet ready for public circulation primarily due to applicant - related project delays. The supplemental budget requested for this task Is based on an assignment of the average number of hours per month assumed in the original proposal for project management for the additional months Incurred. COST ESTIMATE THE PLANNING CENTER COST ESTIMATE - CONTRACTAMENOMENT N i rusk Cost fTHE PLANNING 'CENTER LABOR :. -,V * t ;ia—Fr=`;:: Task 1. Initial S totke of Pre ration S 0 Task? Ptale me ' .2.640 Task 3. SereerCr ed: Draft EIR 16 800 Task 4. Draft EIR 0 Task 5. Rnal EIRIResponse to Con writs 0 Task 6.6t ' anon Ma ' ram D Task 7. Siaternew of Facts 8 Froaaiis. Statenxnt of perdft Considerations 0 Tax 8. Hear eefts q Task 9. =0 01 Detcmination p Task 10. Prelim Managerrlerb and Coordinathn 11375 TOTAL —The Planning Center 1 $29,735 IBI GROUP SCOPE OFWORK The additional work efforts necessary to finalize the Traffic Impact Analysis as coordinated with the City are presented below. Taskt: Project Definition No additional work efforts are assumed under Task 1: Project Definition. June 25,2007 • • Page 4 Task 2: Existing Conditions No additional work efforts are assumed under Task 2: Existing Traffic Conditions. Task 3 - Future Traffic Conditions - TPO Analysis City of Newport Beach Traffic Engineering staff determined that a traffic analysis consistent with the City's Traffic Phasing Ordinance (TPO) is not required for this project, as the proposed expansion was previously analyzed under the TPO as part of the analysis for the CIOSA project. The budget allocated for this task can be used toward other work efforts necessary to complete the traffic impact analysis. Task 4 - Future Traffic Conditions - CEGA Analysts IBI Group will revise the traffic analysis year from 2009 to 2010 based on changes to the project opening year from 2008 to 2009 to be consistent with the City of Newport Beach Traffic Phasing Ordinance (TPO) guidelines, which require the traffic analysis to review traffic conditions one year after project opening. The traffic impact analysis will be revised, including the intersection analysis and level of service tables, to reflect the change in the analysis year. IBI Group will also refine the site access and internal circulation section of the traffic impact analysis. The project proposes to expand the amount of tandem parking provided on -site and will reconfigure on -site circulation patterns to access these parking areas. IBI Group will review the proposed on -site circulation patterns and access to proposed valet areas that will manage the tandem parking for the project. IBI Group will also review vehicle stacking and queuing at the proposed gated entrance to the property off Back Bay Drive to determine If sufficient space is available to accommodate vehicles entering and exiting the property, particularly during large events. Task 5 - Review of Applicant Parking Study No additional work efforts are assumed under Task 5: Review of Applicant Parking Study. Task 6 - Response to Environmental Impact Report Comments This task assumes up to 16 hours of professional time by IBI for the preparation of responses to public comments on traffic and transportation issues received on the Draft Environmental Impact Report (Draft EIR). IBI Group will provide responses to comments to The Planning Center for incorporation Into the Final Environmental Impact Report. Task 7 - Meetings The budget includes attendance at two meetings with the City staff and the Planning Center related to revisions to the traffic impact analysis, and two public hearings related to the project. If additional meetings are required they will be attended on a time-and-materials basis over and above the estimated budget. Task 8 - Future Traffic Conditions - Construction Analysis IBI Group will complete an analysis of traffic conditions during the construction of the proposed improvements for the Hyatt Newport Hotel. This task will include the analysis of the same study intersections as the project traffic analysis, and will focus on identifying potential temporary traffic impacts and necessary mitigation measures during construction. The construction traffic impact analysis will be a separate document from the main traffic impact analysis, and will be formatted to be included in the Draft EIR as a separate technical appendix from the main project traffic impact analysis. Juno 25,2007 S • Page 5 COST ESTIMATE 101 GROUP COST ESTIMATE - CONTRACTAMENDMENT U 1 C 1111UKUUP LABUR_ Task t. "M Definition S 0 Task 2. M Traffk Conditions 0 Task 3. Future Traffic Conditions — TPO Ana -4,920 Task 4. Future Traifk Conditions — CEQA Anak B 213M Task 5. Review of Pa S tudy 0 Task 6. Response OEIR Cormnls 2070 Task 7. Ate 1 Task & Future Traffic CorndOons — Cornmilon Analysis to FIR 4.920 Total labor— I61Grou 55670 obect Costs 1 330 TOTAL — 181 1 $6,000 SUMMARY COST ESTIMATEAND SCHEDULE This contract amendment request is for a total of 535,735, including M.735 for The Planning Center and $6,000 for the 181 Group, which would bring the total contract amount to S171.300 for the Hyatt Regency Newport EIR. The estimated cost for reimbursablos for The Planning Center has not changed. Similarly, it is assumed that the scope of work as provided in the original proposal for remaining tasks will remain the same. For purposes of planning and budgeting, it is assumed that The Planning Centers project manager will meet with the City to review Scroencheck EIR review comments within the next month, and with the exception of an added task for a second SCEIR review by the City, the remaining tasks will proceed with the estimated durations assumed in the original proposal. The updated schedule Is attached. If due to reasons beyond the control of The Planning Center, the schedule is postponed beyond 60 days of the projected timeline, a socond'contract amendment may be requested. We look forward to working with the City and the Hyatt consultant team to successfully complete this project. Please contact me with any questions you may have regarding this contract amendment request. Sincerely, THE ;P1 JoAnDirec Attachment Services • 0 JUL n f. • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT ' E Agenda Item No. .10 July 24, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Jaime Murillo, Associate Planner (949) 644 -3209, jmurillo(ocity.newport- beach.ca.us SUBJECT: Contract for Environmental Consulting Services Hyatt Regency Environmental Impact Report (EIR) APPLICANT: Sunstone Hotel Investors, Inc. ISSUE is In accordance with Council Policy F -14 (Authority to Contract for Services), the City Manager shall provide notice of a permit application and a brief description of the proposed project to the City Council when a contract for professional services is paid for by funds in an applicant deposit account and the total cost for services exceeds $100,000. RECOMMENDATION Receive and File. DISCUSSION This report is intended to provide notice to the City Council of a contract for professional services between the City of Newport Beach and The Planning Center for the preparation of a Draft Environmental Impact Report (DEIR) associated with a project to expand the existing Hyatt Regency hotel at 1107 Jamboree Road. The original contract amount was $135,565, which was paid for by the project applicant (Sunstone Hotel Investors, Inc.). However, the scope of work has been expanded as to require the Planning Center to: 1) review environmental documentation provided by the applicant; 2) perform additional analysis related to air quality and traffic concerns; and 3) account for additional meetings and project management labor not anticipated under the original •scope. The estimated budget to complete this additional analysis is $35,735, resulting in a total contract amount of $171,300. The applicant has been notified of the amended contract amount and has agreed to fund the amount. • • July 24, 2007 Page 2 The project includes the addition of 88 timeshare units, an expanded 11,032 square -foot ballroom, a 10,072 square -foot spa and new pool, and a new two -level parking garage. Implementation will require demolition of 12 existing hotel rooms and the Terrace Ballroom and removal of a nine -hole golf course. The expansion will require the following approvals from the City: 1. Use Permit - Expansion of hotel and an increase in permissible height to 35 -feet; 2. Development Agreement - Required for timeshare units; 3. Parcel Map - Subdivide the property into two parcels; 4. Certification of an Environmental Impact Report The DEIR is currently under preparation for the project and will analyze any potential significant effects resulting from project implementation and will identify any mitigation measures and reasonable alternatives to avoid such significant effects. Prepared by: Submitted by: Ja me Murillo, Associate Planner omer Bludau, City Manager F :%UserslPLN%SharedtProfessional services Agreements & Contracts\Hyatt - Planning Center\Hyatt Council Report.doc is • • City of Newport Beach • —pri Council Minutes A FIL April 11, 2006 ® Hazelrigg Risk Management Services (HAMS) which continues a joint agreement to provide TPA services for the self - insured workers compensation programs for Cities of Newport Beach and Costa Mesa for the initial term of April 1, 2006 to December 31, 2006 with the option for two -one year extensions. NDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PR ARATION OF CEQA DOCUMENTS FOR A PROJECT ON WEST COAS IGHWAY A l *DOVER DRIVE (C- 3712). [381100 -2006] 1) Approve an Amendme :to the Professional Services Agreement with RBF Consulting of Irvine for additional ork required in conjunction with preparation of an Initial Study and Mitigated Negate Declaration for an additional amount not to exceed $5,795; and 2) authorize the City anager to sign the agreement. 6. PROFESSIONAL SE R ES AGREEMENT FOR CONTRACT PLANNING SERVICES (C- 3833). [3 00 -20061 1) Approve a Professional Services Agreement with Hogle- Ireland, of Irvine for contract planning services in an amount not to exceed $266,400; authorize the City Manager to sign the agreement; and 3) approve a budget endment (06BA -057) increasing revenue estimates in 2700 -5003. Zoning and Plan view Fees, by $150,000 and increasing expenditure appropriations in' 2710 -8080, Pr ssional and Technical Services by $180,000 (the remaining $30,000 will come from a General Fund unappropriated fund balance). Volume 57 - Page 613 7. PACIFIC COAST HIGHWAY (PCH) IMPROVEME S FROM MORNING CANYON TO CAMEO SHORES - COMPLETION AND CCEPTANCE OF CONTRACT (C- 3436). [381100 -200&1 1) Accept the work; 2) thorize the City . Clerk to file a Notice of Completion; 3) authorize the City Clerk to re as the Labor and Materials bond .35. days after .the Notice of Completion. has been corded in accordance with applicable portions of the Civil Code; 4) release the aithful Performance Bond one (1) year after Council acceptance; and 5) approve a b get amendment (06BA -058) transferring $11,000 from the Unappropriated Circulate and Transportation -Fund to PCH Improvements from Morning Canyon to Cameo Shores Construction Account 7261- C5100650. 8. PROFESSIONAL SERVICES AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION (C- 3834). 1381100 -20061 1) Approve a Professional Services- Agreement with The Planning Center of Costa Mesa for professional environmental services to prepare an EIR,for an amount not to exceed $135,665; and 2) authorize the City Manager to sign the Agreement. 9. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WEC PORATION (C- 3836). [381100 -2006] 1) Approve a Professional Services Agreem with WEC Corporation of Placentia for construction management and inspection'servi t a contract price not to exceed $45,000 and authorize the Mayor and the City Clerk to to the Agreement;'end 2) approve a budget amendment (06BA -059) transferring $45, om salary savings in the Engineering Division (5100.7000) and transfer the funds nearing Division Services Professional and'Pechnical Account 5106-8080. Volume 57 - Page 613 L'- 3e3V ® • G CC L//// /0 6 PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR PREPARATION OF AN EIR FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION THIS AGREEMENT is made and entered into as of this //-A day of Ar7l , 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and THE PLANNING CENTER, a corporation, whose address is 1580 Metro Drive, Costa Mesa, California 92626 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to prepare an Environmental Impact Report (EIR) in conjunction with the proposed Hyatt Regency Newport Beach Expansion. C. City desires to engage Consultant to prepare an Environmental Impact Report ('Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be JoAnn Hadfield. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of April, 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each parry hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, the Schedule of Compensation attached hereto as Exhibit B, and the Billing Rates attached hereto as Exhibit C, both incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub - consultant fees, shall not exceed One Hundred Thirty-five Thousand Five Hundred Sixty -Five Dollars and no1100 ($135,565) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. • • 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of sub - consultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit C. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated JoAnn Hadfield to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Planning Department. Patricia Temple shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. In performing duties set forth in the Scope of Services in Exhibit "A ", Consultant shall report to, coordinate with, receive direction from, and be responsive to David Lepo, Senior Project Manager for Hogle- Ireland, Inc. under separate contract with City, as an authorized representative of the Project Administrator. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant)) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. AcoRo CERTIFICAT F LIA91LIfiY INSU CE OP ID DATE( / PLANN -1 07/05/05 PRODUCER THIS CEIRTIFICA S ISSUED AS A MATTER OF INFORMATION Austin Cooper & Price ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ins Agency Inc (Lic- 0546677) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P 0 Box 3280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bernardino CA 92413 -3280 hone:909- 886 -9861 Pax:909- 886 -2013 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER& Maryland Casualty Company INSURER B: national Llo lllty c tire inn Attn: bIa rsha Davis Planning .Center, Inc INSURER C: Westchester Surplus Lines 1580 Metro DriveINSURER D: Costa Mesa CA 92626 INSURER.E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICYNUMBER DATE MM%U TV DATE MM/DO/YY LIMBS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 • X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX] OCCUR PPS35165530 07/01/05 07/01/06 PREMISESEnowurenre 51,000,000 MEG EXP(Any one Pm ) $10,000 PERSONAL B ADV INJURY $1,000,000 OCIP /WRAP EXCLUSION GENERAL AGGREGATE 32,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOPAGG $2,000,000 1 17 POLICY LOC • AUTOMOBILE LIABILITY ANY AUTO PP535165530 07/01/05 07/01/06 COMBINED SINGLE LIMIT (Ea aaidcnt) $1,000,000 X BODILY INJURY (Per �W) $ ALLOWNEDAUTOS SCHEDULED AUTOS X BODILY INJURY (Per eaidenl) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per aaMe.Q S •, J tAUTO GARAGE LIABILITY AUTO ONLY. EAACCIDENT $ OTHER THAN FA ACC THAN $ ANY AUTO 3 AGG E%CESSAIMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR r-1 CLAIMS MADE AGGREGATE 5 $ 3 DEDUCTIBLE $ RETENTION 5 H WORKERS COMPENSATION AND EMPLOYERIErO ILT' ANY PROPRIETORlPARTNER/FJ(ECUTNE 0100010626051 07/01/05 07/01/06 X I TORYLIMITS 1 1'9- E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYE $ 1000000 OFFICMMEMBER EXCLUDED? II ee, describe under SPECIAL PROVISIONS belm E.L. DISEASE - POLICY LIMIT 310 Do 000 OTHER C Professional Liab 622067291001 06/23/05 06/23/06 Profess. $1,000,000 Contractors Pollut IG22067291001 06/23/05 06/23/061 Cont Poll $1,000,000 DESCRIPTION OF OPERATONS I LOCATIONS I VEHICLES) EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Operations pertaining to named insured for certholder. Certholder its elected or appointed officers, officials, Employees, agents and volunteers are add-1 insd as respects gen'l liab per CG2010 07./04, as required by written contract. 30 day N O C except 10 day for nonpayment. CERTIFICATE HOLDER CANCELLATION CITYNPI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN I City of Newport Beach NOTICE TO THE CERTIFICATE HOLDER NAMEJKIND LEFT, BUT FAILURE TO DO SO SHALL Attn: Patricia L Temple 3300 Newport Blvd IMPOSE NO OBLIGATION OR LIABILITY OF AN PON T HE INSU R, ITS AGENTS OR Newport Beach CA 92663 REM SENTATIVES.. A REDRES ATIV ACORD 25 (2001/08) © ACORD CORPORATION 1988 Insured: Planning Center, Inc Policy No.: PPS35165530 Effective Date: 07/01/05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locadon(s) Of Covered Operations ANY ENTITY FOR WHOM YOU ARE PERFORMING ALL COVERED LOCATIONS ONGOING OPERATIONS BUT ONLY IF REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE" OR LOSS Information requited to complete this Schedule, if not shown above, will be shown In the Declaration A. Section II — Who IS An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(S) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. CG 2010 07/04 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 • • 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for • • any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. TimelV Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. • • G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that sub - consultants may be used to complete the work outlined in the Scope of Services. The sub -consultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to 0 Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 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 his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its 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 paragraph is intended to limit City's rights under 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. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Patricia Temple City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3200 Fax: 949 - 644 -3229 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: JoAnn Hadfield The Planning Center 1580 Metro Drive Costa Mesa, CA 92626 Phone: (714) 966 -9220 Fax: (714) 966 -9221 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting parry may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. 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. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. 33. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: /0--' C " ffc"' City Attorney for the City of Newport Beach ATTEST: B� LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal rporation By: �--- Homer Bludau, Ci Manager City of Newport Beach CONSULTANT: By: 2&7,,,�/ Dw yne M s Chief Executive Oficer By: Keith McCann Chief Financial Officer Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Compensation Exhibit C - Billing Rates • Proiect Understanding EXHIBIT "A" SCOPE OF SERVICES The City of Newport Beach solicited proposals for a project EIR for the Hyatt Regency Newport Beach expansion. The CEQA Guidelines identify a Project EIR as one which examines the environmental impacts of a specific development project and focuses primarily on the changes in the environment that would result from the development project. The project includes requests for a code amendment to revise the Coastal Height Limitation Zone map boundaries so as to include the subject property in the 32/50 height zone rather than the 26/35 height zone, a Local Coastal Program Amendment to revise the Coastal Height Limitation Zone map boundaries to exclude subject property, an amendment to the existing Use Permit, a Use Permit to allow for structure height in excess of 32/50 base height limit, a Coastal Development Permit, and a Development Agreement for the timeshare units. Scope of Work The following tasks are proposed for the completion of the Environmental Impact Report (EIR): Task 1: Initial Study /Notice of Preparation Brief, written responses will be prepared for all items included on the City's standard Initial Study checklist. Each response will explain the basis for the No Impact, Less Than Significant Impact, Less Than Significant With Mitigation Incorporated, or Potentially Significant Impact response. The Initial Study will clearly indicate why a particular issue would not result in a significant impact and does not require further evaluation, as well as identify those issues that require further analysis in an EIR to fully determine the extent and significance of potential impacts and to identify mitigation measures that could avoid or reduce such impacts to a level of less than significant. Given the City's decision to prepare an EIR for the proposed project, it is assumed that many of the checklist responses will consist of brief responses that explain the scope of the analysis anticipated in the EIR. A limited number of topical areas, however, are expected to be eliminated from further environmental review through documentation in the Initial Study. At this time it is anticipated that the following topics may be sufficiently addressed in the Initial Study and not require additional review: mineral resources, agriculture, population and housing, recreation, schools, solid waste services, and hazards and hazardous materials. A complete list of reference sources used to prepare the Initial Study will be provided. A Notice of Preparation (NOP) will be prepared, using the City's standard form. A copy of the Initial Study will be attached to provide an immediate explanation of the preliminary scope of issues to be included in the EIR. After City approval of the NOP, • • The Planning Center will copy and distribute the NOP to the State Clearinghouse, responsible and trustee agencies, and other interested parties as identified by the City. A brief cover letter will be prepared to explain the purpose and content of the NOP and to clearly identify the time period, contact person, and address established for submitting responses. Deliverables: • Draft Initial Study /NOP (3 review copies plus digital copy) • Final Initial Study /NOP (up to 50 copies and one reproducible original and digital copy) • Certified mailing of up to 50 copies of the Initial Study /NOP Task 2: Public Scoping Meeting The Planning Center will assist the City in organizing and conducting one public scoping meeting to present the main characteristics of the proposal submitted by the applicant and to solicit comments regarding the scope and content of the environmental issues to be addressed in the EIR. Pre - meeting assistance will include scheduling the meeting, preparing public notices and agendas for City staff review, and mailing and publishing the final notices. It is assumed that the City will provide addresses of surrounding property owners and residents selected to receive copies of the Scoping Meeting notice. At the meeting, we will be prepared to discuss the environmental review process and to answer specific questions, as desired by the City. If requested, we will also prepare informational items to be distributed at the meeting, such as: • Flowchart defining the entire environmental review process, highlighting opportunities for public input; • Selected reduced -sized copies of applicant's master plan exhibits and textual summary of project characteristics; and • Questionnaire designed to obtain Deliverables • Mailing of a maximum of 250 Public Scoping Meeting notices to public agencies, interested parties, and surrounding residents • Draft and Final Public Notice of Scoping Meeting • Draft newspaper notice (to be published by the City) • Attendance and participation in one Public Scoping Meeting • Scoping meeting materials, including agenda Task 3: Screencheck Draft EIR The Planning Center will prepare a Screencheck Draft EIR to include the following sections in accordance with the CEQA Guidelines: A. General Information Introduction This section is intended as a convenience to the reader who is not familiar with CEQA or the environmental review process. The purpose and standards of adequacy for an 0 • EIR will be defined. A discussion the environmental review process for this project will be presented. Characteristics of an EIR and the reasons for preparing an EIR for this project will be described, and the intended use of this document as the master environmental clearance for the proposed project. Summary This section will consist of a concise summary of the information presented in the main body of the EIR. This will include (a) a brief project description; (b) a tabular summary of findings regarding project and cumulative impacts, mitigation measures, and any unavoidable, significant impacts; (c) a summary of discretionary approvals required for the project; (d) a brief description of the alternatives considered, noting which one was considered the environmentally superior alternative; and (e) areas of controversy and issues to be resolved. Project Description The project applicant will be identified, along with a statement of project objectives. Specific characteristics of the project will be defined, including both short-term construction and demolition plans and long -term operation plans. Construction information will include proposed equipment use, grading export estimates, scheduling, and available plans for parking and traffic management. Detailed land use, infrastructure, circulation plans, and available architectural information will be documented and supported by illustration. The project description will also explain the required entitlements and identify responsible agencies for the CEQA process, including the California Coastal Commission. Environmental Setting A general description of the regional and local setting will be provided to establish the environmental and planning context within which this project occurs. In addition to physical characteristics that comprise the environmental setting, relevant regional and local planning programs will be discussed to establish whether this project is consistent or inconsistent with applicable planning policies and programs. The property's location relative to surrounding land uses, including the Back Bay, Newport Dunes, Fashion Island, police and fire stations, and various residential uses will be described. The proposed project will be reviewed relative to the General Plan update in progress and unique local regulations with respect to traffic generation and proposed development (City Charter Section 423, etc.). More detailed descriptions of existing conditions and pertinent policies will be provided, where appropriate, as part of the discussions under each of the specific impact topics in the main body of the EIR. Surrounding land uses will be identified on a vicinity map. Based on information readily available from the City of Newport Beach and County of Orange, development trends occurring in this general area will be described, and any other major development projects planned or proposed in the vicinity will be highlighted. Planned, pending, and approved /not built projects throughout Newport Beach will be listed and total development by land use category will be quantified. Other relevant projects such as infrastructure improvements or community facilities which could have a direct effect upon this project or local growth trends, and which are planned to occur during the time frame of the proposed project, will also be identified. B. Discussion of Existing Conditions, Environmental Impacts, and Mitigation Measures Each topical section of the document will: (a) describe existing environmental conditions and pertinent regulatory policies and programs that apply to this project, (b) define the criteria by which impacts will be determined to be significant, (c) determine the environmental changes that would result from the project, (d) evaluate the significance of those changes with respect to the impact significance criteria, (e) define mitigation measures to reduce or avoid all potentially significant adverse impacts, and (f) provide a conclusion as to whether significant impacts would remain, even after successful implementation of recommended mitigation measures. A worst -case scenario approach will be followed for all analyses included in the EIR. The EIR will be clearly written and will avoid the use of technical jargon so that the document is easily understood. If technical terms need to be introduced for accuracy, they will be clearly defined. The analysis of issues will be thorough, yet concise. Mitigation measures will be formulated that are practical and feasible and will relate directly to the primary and secondary effects identified in the impact sections of the document. EIR scoping is yet to be completed, and the final determination of impacts to be addressed in the EIR may change during that process. At this time, however, it is anticipated that the following impacts can be addressed adequately within the Initial Study to conclude less that significant impacts: • Mineral Resources • Agriculture • Population and Housing • Recreation • Schools • Solid Waste Services • Hazards and Hazardous Materials However, if the scoping process results in a more comprehensive EIR, we will adjust our scope of work, schedule, and budget estimates accordingly. Analytical approaches to each of the EIR topics are described in the following pages. AestheticsNisua I I m pact Potential impacts to existing views are likely to be a critical concern of some surrounding property owners, particularly Harbor Cove residents situated to the northeast of the project site. Potential view impacts to recreational users of the Back Bay and Bayview Senior Housing residents may also be an issue. Project implementation will intensify on -site land uses by removing open space (golf course), introducing new structures (including a two -story parking structure), and increasing the maximum height of structures on -site. Grading, landscaping, and lighting will be • • modified. The removal and relocation of existing palm trees will also represent a noticeable change to the visual resources at the project site and may be controversial. The project applicant will provide visual simulations of the proposed improvements, as well as landscaping and lighting plans and photometric calculations. The Planning Center will perform the following tasks to determine potential aesthetic impacts associated with the project: • Review and incorporate the view simulations to evaluate the portions of the project that would be visible from sensitive surrounding viewing locations, and the characteristics of the view sheds that would be affected by the proposed expansion. (As appropriate, The Planning Center may request the preparation of view simulations from additional locations). • Discuss the results of the photometric calculations and lighting plans relative to light and glare impacts on surrounding sensitive land uses. • Document pertinent City of Newport Beach General Plan policies and Development Code. • Evaluate the proposed land use plan with regard to the existing topography and the ability to support the land uses proposed. • Review the proposed master design elements for aesthetic quality in relation to existing and proposed uses and adjacent roadways. • Discuss any potentially significant aesthetic impacts associated with project implementation. Air Quality The Planning Center will prepare the air quality analysis for the project, and supporting modeling information will be included in the Appendix of the EIR. The proposed activities associated with project construction and increased vehicular traffic generated by future tourist and conference facility use have the potential to generate fugitive dust, various stationary source emissions, and mobile emissions. The following will be included in the EIR: • Description of the atmospheric environment setting based on data from the South Coast Air Quality Management District ( SCAQMD). • Calculation of temporary construction activity emission using procedures identified within the SCAQMD CEQA Air Quality Handbook (1993) and the emissions inventory computer model URBEMIS2002. • Calculation of regional vehicular emissions using the SCAQMD's emissions inventory computer model URBEMIS2002. • Evaluation of the potential for any microscale air pollution "hotspot" formation at up to four project area intersections, using the California Department of Transportation's CALINE4 line source dispersion model. • Discussion of project consistency with the regional air quality management plan in terms of land use planning consistency. • Identification of any potentially applicable mitigation measures, including any relevant transportation control measures incorporated into the South Coast Air Basin portion of the California State Implementation Plan (SIP). �J 0 • Discussion of the potential effects on local air quality of cumulative development in the area. Biological Resources The Planning Center will conduct a third -party review of the biological assessment to be prepared by Glenn Lukos Associates. The project site is completely developed, and on- site biological resources are anticipated to be primarily non - native, ornamental vegetation. Although a unique variety of palm trees are represented on the project site, these trees do not represent a sensitive biological resource. Of particular concern will be the project's potential indirect impacts to sensitive resources associated with the Newport Bay and Ecological Reserve. Short-term construction activities and long -term intensification of land uses could result in air quality, noise, and lighting impacts that could adversely affect wildlife. Hydrological and water quality impacts could also result in indirect impacts to biological resources. Based on our site visit, the northeast boundary of the project site also abuts sensitive coastal sage scrub habitat. The EIR will describe plant and vertebrate wildlife species observed based on the site assessment/habitat survey, and floral and faunal lists. The site assessment will determine the vegetation communities present on -site, the presence or absence of sensitive plant and animal species, and related surrounding biological resources. Based on the proposed land use plan, an analysis of project impacts to the biological resources identified on -site, including the removal /relocation of trees, will be conducted. Indirect impacts (such as lighting and noise) to sensitive biological resources adjacent to the project site, particularly to the north, will also be analyzed. Cultural Resources Although the project site is completely developed, there is a possibility of discovery of archaeological and /or paleontological resources upon excavation of the site for project improvements. Cogstone Resource Management Inc. ( Cogstone) will prepare a cultural resources study for the proposed project. A literature study will be conducted to determine the existence of previously recorded cultural and paleontological resources within the project boundaries plus a one -mile radius. In addition, a paleontology record search will be requested from the Natural History Museum of Los Angeles County (staff must perform the search). Records pertaining to archaeology and history will be searched at the South Central Coastal Information Center at California State University, Fullerton. The results of the cultural resources literature study report, record searches, the literature review, and other research resources will be incorporated into the cultural resources section of the EIR. An analysis of the project impacts will be conducted and management recommendations and mitigation, if required, will be provided. Geology and Soils The Planning Center will conduct a third -party review of the geotechnical and soils report to be prepared by Kleinfelder on behalf of the project applicant. Results of the study will be incorporated into the EIR. Potential impacts related to geology and soils on -site and in the project vicinity will be discussed in this section of the EIR based on information in that • r study. This section will define the existing geologic, soils, and groundwater characteristics that occur on -site; identify regional seismic influences; and note and explain the characteristics of any areas containing constraints to site development. Based on the proposed land use plan and the site constraints previously identified, an analysis of project impacts will be conducted. Mitigation measures known to be successful in addressing the various geotechnical constraints affecting proposed expansion areas will be defined. Hazards and Hazardous Materials The project site is developed and at this time no known historical use of the site is expected to have resulted in residual hazardous wastes. The Planning Center's site assessment team will conduct a records search and evaluate past and present site activities and proposed construction and development activities to determine whether the site currently contains materials that are hazardous to human health or the environment, and whether the proposed uses of this site could result in such hazards. The results of the assessment will be incorporated into the EIR, including a narrative discussion of the presence /absence and significance of hazardous waste risks, together with recommendations for remediation measures, if needed. The potential hazards from wildland fires that could occur in the native vegetation directly adjacent to the northern portion of the site, which is proposed for development of the timeshare units, will also be analyzed in the EIR. Hydrology/Water Quality Project development will alter existing drainage patterns and improvements that will affect both on -site and off -site surface runoff. Potential hydrological and water quality impacts, particularly to the sensitive Back Bay and coastal resources, will be an important issue to be addressed in the EIR. On behalf of the applicant, Fuscoe Engineering is preparing the drainage plan for the applicant. This proposal assumes that Fuscoe Engineering will provide a hydrology study documenting existing and proposed drainage, detailing proposed improvements, and quantifying before - and -after flows. It is also our understanding the Fuscoe Engineering is also preparing a Water Quality Management Plan. This EIR section will comprehensively address project - related stormwater and water quality impacts based on the studies provided by Fuscoe Engineering. A thorough review of regulatory requirements and phasing of proposed best management practices (BMP) to ensure that runoff will not contain contaminants that will impact receiving waters will be included. Land Use and Planning The proposed project is consistent with the existing General Plan and is anticipated to be consistent with the General Plan update currently under preparation. Project implementation, however, is subject to an amendment of the Coastal Height Limitation Zone Boundary and existing Use Permit. Subsequent to City approval of the project and certification of the EIR, the project will also require approval of an LCP amendment and Coastal Development Permit through the California Coastal Commission. This section will describe these entitlements and processes. • • An assessment of the project's consistency with the goals and policies of each element of the General Plan will be provided. As appropriate, the EIR will also review potential updates in the General Plan and whether the project will remain consistent with the General Plan update if approved prior to approval of this project. Also key to this section will be a compatibility analysis of proposed improvements with existing, surrounding land uses. This assessment will include an overview of visual, noise, lighting, traffic, and air quality impacts to conclude whether or not the project will be compatible. The Planning Center will: • Inventory all existing and planned land uses in the project area. • Analyze recent development trends within the general area and assess the consistency of the proposed development with both current development trends as well as relevant local and regional land use planning programs. • Provide a nexus between the project's environmental impacts in aggregate and the environmental compatibility of the proposed project with surrounding uses. • Propose mitigation measures to reduce potential conflicts between the proposed development and the surrounding uses and future development to the maximum extent feasible. Noise The proposed activities associated with the project implementation have the potential to substantially increase noise levels near existing sensitive receptors, and may expose future residents to adverse noise levels from adjacent major roadways. Noise modeling and calculations will be included in the appendices of the EIR. The following tasks will be included to assess noise: • Perform limited on -site ambient noise monitoring at up to four locations, as needed, to develop a baseline noise characterization and to provide input data to prepare a site - specific calibration of the FHWA Traffic Noise Prediction Model (FHWA -77 -108). • Develop a baseline noise exposure profile in terms of the CNEL noise metric, using the FHWA Model with the latest California vehicle noise curves (CALVENO). • Prepare a construction noise analysis to determine if potential significant noise impacts would occur at the nearest noise - sensitive uses. • Prepare a vibration assessment to determine whether construction or operational phase activities attributable to the project would result in levels of vibration that would exceed the thresholds established by the Federal Transit Administration. • Prepare a no- project versus with - project mobile noise impact comparison. Identify specific sensitive receiver locations where mobile source noise impacts may adversely affect City of Newport residents. • Relate project noise impacts to the Noise element noise /land use compatibility guidelines in the City of Newport General Plan Noise Element and other applicable noise exposure regulations. • Determine noise increases due to cumulative traffic growth from existing conditions to future conditions with project - related traffic. • Develop a noise impact mitigation plan for any predicted noise impacts that exceed target noise exposure limits. • s Public Services The City of Newport Beach is a full - service City providing its own police, fire, emergency, water, and sewer services. The City's providers will be contacted to identify existing facilities that would be affected by the project, existing service levels and capacities available to serve the proposed land uses, and intensity of proposed development. The demand placed on these services and utilities will be identified on the basis of standard planning factors provided by each agency or from the City's General Plan, and the ability of the agencies to accommodate this growth will be assessed. The need for additional public facilities or personnel to serve the proposed project and maintain adequate levels of service will be determined in consultation with the agencies. Measures to avoid or reduce the significance of project - related public service impacts will be developed and included in the EIR. The public services to be addressed will include: • Fire and Emergency Services • Police Protection • Water and Sewer Services Traffic and Circulation The traffic generated by the project is anticipated to exceed the threshold for requiring a traffic impact analysis (TIA) as per the requirements of the City of Newport Beach. The proposed scope of work is prepared in accordance with the procedures and methodologies of the City of Newport Beach. As part of the Traffic Impact Analysis, the following operating scenarios for the Hyatt Regency Newport expansion will be evaluated: • Existing Condition (with applied growth factors to bring counts to 2006) • Existing + Growth + Approved Projects Conditions (TPO analysis) • Existing + Growth + Approved Projects + Project Conditions (TPO analysis) • Existing + Growth + Approved Projects + Cumulative Project Conditions (CEQA Analysis) • Existing + Growth + Approved Projects + Cumulative Projects + Project Conditions (CEQA Analysis) Project Definition The Project Definition task is the initial phase of the traffic impact analysis. This task is conducted to quantify the proposed project, calculate the trip generation, and develop the trip distribution assumptions. The project study area will be determined based on the City of Newport Beach guidelines. IBI will estimate trip generation, trip distribution and assignment of project traffic for weekday AM and PM peak hours. A detailed description of the land use will be tabulated for the purposes of project trip generation. Questions have been identified about the potential automobile traffic generated by the proposed ballroom expansion, and if NBTAM and ITE trip generation rates accurately reflect the trips likely to be generated by this facility. IBI Group will work with the City to establish an acceptable trip generation rate for this use. This work effort will include a survey of 5 -7 surrounding • hotels in Orange County to determine the ratio between the number of hotel rooms in each facility and the size of the ballroom /conference facilities. The objective of this survey will be to determine if the proposed ballroom facility at the Hyatt Regency is proportional to the size of the hotel as whole when compared to similar nearby hotels. The end result of this task will be the identification of a reasonable and supportable trip generation rate for the project taking into consideration the size of the proposed ballroom. If necessary, traffic counts and trip generation studies can be completed at one or two comparable hotel locations. The attached budget includes these counts and studies as an optional task in this scope of work. Task 1 will include an initial scoping meeting with City of Newport Beach staff to verify the project study intersections, trip generation, trip distribution, and finalize the scope of the traffic study. Existing Conditions IBI will evaluate existing traffic and circulation conditions within the study area which includes the following components: 1) intersection operating conditions and traffic counts for typical weekday AM and PM peak hour conditions, 2) descriptions of geometric roadway conditions within the study area, and 3) access to the proposed site. For the purposes of this scope, IBI Group has assumed that 10 intersections will be included in the project study area. It is our understanding that the City of Newport Beach will provide existing traffic counts for the 8 Primary Signalized Intersections identified below. Traffic counts for the AM and PM peak periods will be conducted at study intersections where counts are not currently available. The project budget assumes the need collect counts at 2 intersections (Jamboree Road at Back Bay Drive and Jamboree Road at Hyatt Newport Entrance /Island Lagoon). If the total number of intersections varies significantly, modifications to the proposed study budget may be required. The proposed study intersections are identified below: • Coast Highway and Dover Drive • Coast Highway and Bayside Drive • Coast Highway and Jamboree Road • Coast Highway and Newport Center Drive • Coast Highway and Avocado Avenue • Coast Highway and MacArthur Boulevard • Jamboree Road and San Joaquin Hills Road • Jamboree Road and Santa Barbara Road • Jamboree Road and Hyatt Regency Newport Entrance /Island Lagoon • Jamboree Road and Back Bay Drive IBI will field review identified intersections to determine existing geometric conditions including number and type of lanes, existing traffic control devices, sidewalk locations, a 9 and driveway locations. Existing intersection operating conditions (in terms of volume /capacity ratios and level of service) will be quantified using the Intersection Capacity Utilization (ICU) method of intersection analysis consistent with the City of Newport Beach traffic impact analysis requirements. We will submit our traffic counts, fieldwork results and other initial data early in the process for City review to help assure a smooth approval process. IBI will use a state -of -the art traffic analysis software tool named Traffix to analyze existing traffic operations and to assign cumulative and project related traffic volumes to the roadway network. Future Traffic Conditions — Traffic Phasing Ordinance Analysis In accordance with the City's Traffic Phasing Ordinance, IBI will analyze the following traffic conditions for one year after project opening year: • Existing + Growth + Approved Projects Conditions • Existing + Growth + Approved Projects + Project Conditions Project opening year traffic conditions with approved projects anticipated to be complete one year after the proposed project will be determined using trips from the identified approved projects plus an ambient traffic growth rate. Based on discussions with City staff, it is understood that the City will provide IBI with future automobile trips generated by the approved projects as well as the assignment of these trips at the study intersections. Opening year with project conditions will also be analyzed. Trip distribution patterns for project generated trips will be determined in coordination with City of Newport Beach staff. Intersections which are forecast to experience an increase in level of service due to the project and cumulative project - related traffic will be highlighted. Traffic impacts associated with access or egress to and from the project site will also be analyzed. Graphics and tables will be used to illustrate the above mentioned project opening year scenarios. Traffic impacts associated with access or egress to and from the project site will also be analyzed. For those intersections which have identified impacts, IBI Group will identify mitigation measures to meet the adopted intersection performance standards for the governing agency for the intersection. Impacts will be identified using the methodology consistent with the Traffic Phasing Ordinance. IBI Group will identify conceptual planning alternatives to mitigate identified significant impacts. Improvements may include signalization, signal coordination additional or if necessary, additional geometric features at the intersections in the form of additional left and right turns and through lanes. Documentation and diagrams illustrating the revised geometry (through and turn lanes), forecast peak hour turning volumes, and revised LOS calculation for each intersection will be provided along with conceptual cost estimates for the proposed improvements. If right -of -way costs are necessary for the conceptual designs, IBI Group will work with the City of Newport Beach to determine representative values. If necessary, IBI Group can utilize a specialized right -of -way sub - consultant to prepare a • • conceptual right -of -way cost. The work effort of the specialized ROW sub - consultant would be completed on a time and materials basis over and above the cost provided in the budget. Future Traffic Conditions — CEQA Analysis IBI will forecast the following future traffic conditions for this task: • Existing + Growth + Approved Projects + Cumulative Project Conditions • Existing + Growth + Approved Projects + Cumulative Projects + Project Conditions Future traffic conditions with cumulative developments will be determined using trips from the identified cumulative projects plus the approved projects and ambient traffic growth rate applied in Task 3. It is understood that the City of Newport Beach will provide the trip generation rates for the cumulative projects and that IBI Group will be responsible for assigning these trips to the project study intersections. Significant traffic impacts forecast to be caused by the project and cumulative project - related traffic will be highlighted. Using the applicable City of Newport Beach guidelines, IBI will identify the intersections with significant impacts. This task includes an analysis of vehicular access or egress to and from the project site: Internal site circulation will also be reviewed to ensure that the internal circulation system provides adequate access to the proposed parking facilities. For those intersections which have identified impacts, IBI Group will identify mitigation measures to meet the adopted intersection performance standards for the governing agency for the intersection. Impacts will be identified using the methodology consistent with the Traffic Phasing Ordinance. IBI Group will identify conceptual planning alternatives to mitigate identified significant impacts. Improvements may include signalization, signal coordination additional or if necessary, additional geometric features at the intersections in the form of additional left and right turns and through lanes. Documentation and diagrams illustrating the revised geometry (through and turn lanes), forecast peak hour turning volumes, and revised LOS calculation for each intersection will be provided along with conceptual cost estimates for the proposed improvements. If right -of -way costs are necessary for the conceptual designs, IBI Group will work with the City of Newport Beach to determine representative values. If necessary, IBI Group can utilize a specialized right -of -way sub - consultant to prepare a conceptual right -of -way cost. The work effort of the specialized ROW sub - consultant would be completed on a time and materials basis over and above the cost provided in the budget. Review of Applicant Parking Study This task involves the review of a parking study currently being prepared by the project applicant's consultant. IBI Group will peer review the parking study and comment on the methodology, conclusions, and recommendations of the study as appropriate, based on City of Newport Beach parking standards and guidelines contained in national parking • 0 publications, including Parking Generation Manual (3rd Edition) published by ITE and Shared Parking (2nd Edition) published by ULI. The analysis completed for this task will include a review of the proposed parking layout and on -site vehicle circulation. The proposed improvements at the hotel will result in changes to existing on -site vehicle circulation and parking access points. IBI Group will review the distribution of parking on the site and verify that the proposed layout and distribution will be adequate to serve the proposed uses. The layout for the proposed on -site parking garage and vehicle queuing for the garage access points will also be reviewed for adequacy based on peak parking demand. Comments will be summarized in the traffic study report. Utilities and Service Systems It is anticipated that project - related impacts to electricity, natural gas, cable, and telephone services will be less than significant and can be eliminated from further review in the Initial Study. This section will focus on the City's existing infrastructure and capability to provide water and sewer service to the proposed expansion. Any proposed improvements will be identified. Measures to avoid or reduce the significance of project - related utility impacts will be developed and included in the EIR. C. Alternatives to the Proposed Project In compliance with Section 15126(d) of the CEQA Guidelines, alternatives to the proposed project will be defined and analyzed. The Planning Center will consult with City staff for assistance in defining the alternatives to be analyzed in the EIR. Alternatives will be selected on the basis of their ability to: (1) avoid or reduce one or more of the project's significant impacts; and (2) feasibly attain most of the basic objectives of the project. The rationale for selecting each alternative will be explained, along with the principal features and environmental effects of each one. If any alternatives were considered during the project scoping process but rejected, reasons for rejecting those alternatives will be provided. Analyses of up to three alternatives, including the "No Project," will be conducted. The EIR is also likely to evaluate an alternative site plan that does not require an amendment to modify the existing height limitation and therefore would not require an LCP amendment. Other modifications may be considered to minimize or eliminate any adverse visual impacts of the proposed project. Based on the results of the traffic analysis, a land use or circulation alternative may also be defined and evaluated. Alternatives are included in the cost estimate for the EIR. Impacts associated with each alternative will be compared to proposed project impacts, for each of the environmental impact categories included in the preceding sections of the EIR. The environmentally superior alternative will be identified; if it is the No- Project/No Development Alternative, then one of the development alternatives will be identified as environmentally superior to the others. • D. CEQA- Mandated Sections In addition to the topical issues discussed above, the following sections will be prepared as mandated by CEQA: 1) Environmental effects found not to be significant during the Initial Study Scoping process. 2) Adverse environmental impacts which cannot be avoided if the project is implemented. This section will summarize those adverse project impacts that cannot be mitigated to a level of less than significant. 3) Cumulative Impacts. A discussion of cumulative impacts will be presented for each of the impact topics evaluated at length in the preceding sections of the EIR. These discussions will be concise, quantified where appropriate, and will evaluate cumulative impacts within an appropriate context for each issue. 4) Any irreversible environmental changes which will occur if the proposed project is implemented. 5) Growth Inducing Impacts. This discussion will identify ways in which the project could foster population or employment growth in this area, either directly or indirectly. Deliverables: • Screencheck Draft EIR (five review copies, one digital copy) Task 4: Draft EIR A. Screencheck Review /Revision It is presumed that all City comments concerning the Screencheck EIR will be transmitted in writing to The Planning Center at the same time. As appropriate, The Planning Center's Project Manager will meet with City staff to discuss and resolve any major areas of concern or to clarify areas of misunderstanding, etc. Follow -up with City departments or other agencies will be conducted as necessary to respond to City staff comments. Upon acceptance of the document as a Draft EIR, The Planning Center will reproduce and distribute the Draft EIR to the State Clearinghouse, responsible and trustee agencies, as other special interest groups and individuals identified on a distribution list to be developed in consultation with the City. The Planning Center will prepare the Notice of Completion (NOC) for City approval and signature and will transmit the NOC with all copies of the Draft EIR. B. Draft EIR Distribution and Noticing The Planning Center will be responsible for the distribution and noticing of the Draft EIR, including the preparation of the Notice of Availability and the certified mailing of the Draft EIR. This scope assumes that the City will place the newspaper publication of the Notice of Availability. Deliverables: • Preliminary Draft EIR eight copies and one reproducible original and digital copy) 0 • Draft EIR • 65 hard copies of the Draft EIR including technical appendices volume(s), one reproducible original and digital copy); • 15 copies of the Executive Summary plus digital copy to the State Clearinghouse; • Certified mailing of up to 65 copies of the Draft EIR (hard copies and CDs) Preparation of Notice & Availability Task 5: Final EIR /Responses to Comments The Final EIR will be prepared in accordance with CEQA and will contain the City's required elements, as follows: A. Response to Comments Following receipt of all comments on the Draft EIR, written responses will be prepared for each comment. A list of persons, organizations, and agencies commenting on the Draft EIR will be provided. A Response to Comments section will be created for the Final EIR, which will contain an introduction describing the public review process concerning the Draft EIR, copies of all comment letters received and minutes from public meetings where oral comments were taken, plus written responses to all comments. Responses will focus on comments which address the adequacy of the Draft EIR. Other comments which do not address EIR adequacy will be noted as such and no further response will be provided, unless deemed necessary by the City. Responses will be prepared by The Planning Center, with input from our technical specialists, as needed. A not- to-exceed budget for responses to comments has been established to cover efforts by any member of the consulting team needed. If an unexpectedly large volume of comments is received, or if certain comments result in the need for substantial additional responses, or new research or analysis, the initial budget may not be sufficient. Should this situation become apparent, we will discuss this concern with the City before the responses budget is consumed and determine an appropriate course of action. As required by CEQA, responses to agency comments will be provided to those agencies, a minimum of 10 days prior to consideration of the Final EIR by the City Council. B. Revisions to the Draft EIR The Final EIR will also incorporate any necessary revisions to the Draft EIR including any necessary clarifications /additions and /or corrections in response to issues raised in comments to the Draft EIR. Deliverables: • Final EIR (20 copies and one original and digital copy) Task 6: Mitigation Monitoring Program A Mitigation Monitoring Program (MMP) will be prepared, pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard City format, and will • 0 identify the significant impacts that would result from the project, proposed mitigation measures for each impact, the times at which the measures will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. A draft MMP can be prepared for consideration by the Planning Commission, if desired, so that any comments they may have concerning the MMP can be incorporated into the Final EIR that is prepared for City Council certification. Task 7: Findings of Fact and Statement of Overriding Considerations Section 15091 of the CEQA Guidelines requires that no public agency approve or carry out a project for which an EIR has been completed and identifies one or more significant effects, unless the public agency prepares findings for each significant effect. If required, The Planning Center will prepare draft findings and facts in support of findings describing each of the significant impacts identified by the EIR and the determination as to whether those impacts would be reduced to below a level of significance by proposed mitigation measures. These facts and findings will be incorporated into the resolution to be prepared by City staff. Additionally, Section 15093 requires that when an agency approves a project which will have significant adverse environmental effects that are unavoidable, the agency must make a statement of its views on the ultimate balancing of the merits of approving the project despite the environmental damage. The Planning Center will prepare the Statement of Overriding Considerations for any unavoidable significant impacts that may be identified by the Final EIR. Task 8: Public Hearings /Meetings The Planning Center will coordinate closely with City staff to ensure that the EIR and associated documents delivered to the City are legally defensible and accurate and will serve as useful tools for decision makers when considering the approval of the project. Our scope of work assumes attendance by our project manager at the meetings and public hearings listed below. Additional meeting attendance by The Planning Center or attendance by other members of the consultant team will be billed on a time -and- materials basis in accordance with the hourly rates for the personnel involved. Deliverables: • Staff coordination meetings (five) • Public Hearings (up to four) (Scoping Meeting is listed under Task 2) Task 9: Notice of Determination Within five days of EIR certification, The Planning Center will file an NOD with the State Clearinghouse and County Clerk. Deliverables: • Notice of Determination Task 10: Project Management and Coordination As the lead consultant, The Planning Center will direct and manage all sub - consultants included on the project team, and will act as the primary contact with the City of Newport Beach. Our responsibilities will include: (1) task scheduling and assignment, management 0 of resources, monitoring of costs, and schedule adherence; (2) management and coordination of sub- consultants, including contract administration and accounting; (3) consultation and coordination with local and state agencies relative to the environmental document and the environmental review process; (4) coordination and communications with the City's project team to ensure that City policies, procedures, and any applicable codes are complied with and, where applicable, are incorporated into the EIR; (5) ensuring that the environmental review process and the EIR satisfy the statutes and guidelines of CEQA and the City of Newport Beach CEQA Procedures; and (6) representing the Consultant team in public meetings and project progress meetings as requested by the City. HYATT REGENCY NEWPORT BEACH ENVIRONMENTAL IMPACT REPORT SCHEDULE TASK Receipt of Technical Report from City/Applicant Preparation of Initial Study /NOP Review & Revise Initial Study /NOP Circulation of Initial Study /NOP (30 -days) Scoping Meeting Completion of technical studies Preparation of Screencheck Draft EIR Submittal of Screencheck Draft EIR City Review of Screencheck Draft EIR Revisions to Screencheck Draft EIR Circulation of Draft EIR (45 -day public review) Preparation of Final EIR, Mitigation Monitoring Program, and Facts, Findings and Statement of Overriding Considerations Submittal of Final EIR documents City Review of Final EIR documents Revisions to Final EIR documents Review of Final EIR Public Hearings and Certification of EIR DATE 3/30/06 3/30/06 — 4113106 4/14/06 — 4120106 4121106 — 5122106 5/4/06 5/16106 4/26106 — 6/30/06 6/30/06 6/30106 — 7/21 /06 7124/06 — 7131 /06 814/06 — 9/18106 9/11/06 — 9/25/06 9/25/06 9125/06 — 10/09/06 10/10/06 — 10/16/06 10/16/06 10/26/06 — 11121/06 EXHIBIT "B" SCHEDULE OF COMPENSATION Task Cost THE PLANNING CENTER LABOR COSTS Task 1. Initial Stud /Notice of Preparation $ 4,250 Task 2. Public Scoping Meeting 2,640 Task 3. Screencheck Draft EIR 46,020 Task 4. Draft EIR 6,450 Task 5. Final EIR/Response to Comments 9,200 Task 6. Mitigation Monitoring Program 750 Task 7. Statement of Facts & Findings, Statement of Overriding Considerations 1,400 Task 8. Hearings/Meetings 3,960 Task 9. Notice of Determination 200 Task 10. Project Management and Coordination 8,660 Labor Subtotal $ 83,530 SUB - CONSULTANTS IBI Group Traffic & Circulation $ 26,010 Co stone Resource Management Inc. Cultural Resources 3,609 Sub - consultants Subtotal $ 29,619 TOTAL LABOR $113,149 REIMBURSABLE EXPENSES Reimbursable Expenses4 Expenses $ 22,416 GRAND TOTAL $135,565 The budget for the Final EIR is an estimate only, based on approximately 68 hours for the preparation of the Response to Comments. The estimated budget assumes that no additional basic research will be required to respond to comments, that the comments will be directed at the substance and technical adequacy of the EIR, and that the comments will be compiled by the City and transmitted in writing to the consultant. Modification to the scope of work, budget, and time frame may be necessary if comments received from agencies or the general public require substantially increasing the scope of impacts and issues that the EIR has addressed. Reimbursable costs are an estimate based on the detailed Table 2. These costs will be billed at actual cost plus 12.5 percent. These direct costs are conservative because they assume that hard copies of both the EIR and the technical appendices will be forwarded to the City's mailing list. If the City determines to forward exclusively electronic copies, or hard copies of only the EIR with electronic copies of the appendices, this cost will be substantially reduced. 0 EXHIBIT "C" BILLING RATES (HOURLY) THE PLANNING CENTER 2006 FEE SCHEDULE PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE Principal $200 -250 Director 150 -200 Senior Planner/Scientist/Designer II 125 -150 Senior Planner/Scientist/Designer 1 100 -125 Associate Planner / ScientistDesigner 11 85 -100 Associate Planner/Scientist/Designer 1 80 -85 Assistant Planner/Scientist/Designer 11 70 -80 Assistant Planner/Scientist/Designer 1 60 -70 GIS /CAD Operator II 80 -95 GIS /CAD Operator 1 65 -80 Graphic Artist II 75 -110 Graphic Artist 1 55 -75 Planning Tech /Intern 50 -60 Technical Editor 80 Word Processing 60 Clerical 55 Third -Party CEQA Review 200 Expert Witness 2 X Normal Hourly Rate Reimbursable Costs (12.5% marku Mileage ($0.485 per mile) $100 IS /NOP — 50 copies at $30 + 1 digital 1,500 SCEIR — 5 copies at $130 + 1 digital 650 Preliminary DEIR — 3 copies at $130 + 1 original + 4 digital 390 DEIR — 65 copies (EIR & Appendices) at $200 + 2 original + 6 digital 13,000 DEIR — 25 CDS to SCH (15) and stage agencies (10) at $10 250 Responses to Comments — 24 copies at $20 +2 original 720 Mitigation Monitoring Program — 7 copies at $20 + 4 digital 140 Findings of Fact/SOC — 24 copies at $20 + 2 original + 6 digital 480 FEIR — 20 copies at $50 + 6 digital 1,000 Scoping Meeting Notices (max 250) + meeting handouts (max 60) 250 Misc. copying 200 Photographs 150 Postage — IS /NOP 50 copies mailed (certified) 250 Postage — SCEIR and Preliminary DEIR (overnight) 20 Postage — DEIR 65 copies (EIR & Appendices) (certified) 650 Postage — 25 CDs to SCH (overnight) and state agencies (certified) 125 County filing fees 50 0 IBI Group 2006 FEE SCHEDULE PROFESSIONAL CLASSIFICATION Principal Project Manager Technical Staff HOURLY BILLING RATE $185 125 75 Cogstone Resources Management Inc. 2006 FEE SCHEDULE PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE Registered Prof. Archaeologist/Qualified Paleontologist $80 Supervision 65 Archaeologist/Paleontologist 48 Clerical 40 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 April 11, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: James Campbell, Senior Planner Planning Department 949/644 -3210. jcampbell @city.newport- beach.ca.us SUBJECT: Professional Services Agreement to prepare an Environmental Impact Report for the Hyatt Regency Newport Beach Expansion. RECOMMENDATIONS 1) Approve a Professional Services Agreement with The Planning Center of Costa Mesa, California, for professional environmental services to prepare an Environmental Impact Report for an amount not to exceed $135,565; and 2) Authorize City Manager to sign the Agreement. DISCUSSION Hyatt Regency Newport Beach proposes to expand by adding 88 new timeshare units, a new 24,387 square foot ballroom, a 10,072 square foot spa, and two -level parking garage. Implementation of the project will require the demolition of 12 villas and the existing 3,190 square foot ballroom and the elimination of the executive golf course. The application for the Hyatt Regency expansion includes requests for a code amendment to revise the Coastal Height Limitation Zone map boundaries so as to include the subject property in the 32/50 height zone rather than the 26/35 height zone, a Local Coastal Program Amendment to revise the Coastal Height Limitation Zone map boundaries to exclude subject property, an amendment to the existing Use Permit, a Use Permit to allow for structure height in excess of 32 feet and below 50 feet in height and a Development Agreement for the timeshare units. • • Hyatt Regency EIR April 11, 2006 Page 2 Environmental Impact Report Preparation Staff conducted a preliminary evaluation of the proposed project and concluded that an Environmental Impact Report should be prepared. The EIR will focus on Traffic and Circulation, Visual /Scenic Resources, Biological Resources, Hydrology and Water Quality and Land Use and Planning although the full scope of the review will include all topics. Planning Department staff conducted a competitive proposal process for EIR proposals, and the Planning Center was selected on the basis of experience, cost, and scope of services provided. The consultant has provided a proposed Scope of Work to perform professional environmental services for the City of Newport Beach for the preparation and processing of an Environmental Impact Report and supporting documents. The Scope of Work including a schedule for completion is included as Exhibit "A" to the draft professional services agreement attached to this report. Exhibit "B" to the agreement sets forth the itemized costs for preparation of the EIR and Exhibit "C' details the consultant billing rates. Staff has reviewed the Scope of Work for the EIR contract and believes it is adequate to meet or exceed the minimum requirements set forth by the California Environmental Quality Act. Traffic analysis will be provided by the IBI Group and Cultural Resource analysis will be provided by Cogstone Resource Management Inc., both as subcontractors to The Planning Center. The environmental consulting fees for tasks described in the Scope of Work including staff hours, technical studies, direct expenses, and printing have been reviewed by staff and are considered appropriate and warranted. Funding Availability: The cost associated with the agreement will be the responsibility of the Hyatt Regency Newport Beach. Submitted by: Prepared by: PATRICIA L. TEMPLE Planning Director Attachments: 1. Draft Professional Services Agreement between the City of Newport Beach and The Planning Center J S W. CAMP ELL Senior Planner Attachments: 1. Draft Professional Services Agreement between the City of Newport Beach and The Planning Center • • PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR PREPARATION OF AN EIR FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION THIS AGREEMENT is made and entered into as of this _ day of , 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and THE PLANNING CENTER, a corporation, whose address is 1580 Metro Drive, Costa Mesa, California 92626 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to prepare an Environmental Impact Report (EIR) in conjunction with the proposed Hyatt Regency Newport Beach Expansion. C. City desires to engage Consultant to prepare an Environmental Impact Report ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be JoAnn Hadfield. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of April, 2007, unless terminated earlier as set forth herein. 3 • • 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, the Schedule of Compensation attached hereto as Exhibit B, and the Billing Rates attached hereto as Exhibit C, both incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub- consultant fees, shall not exceed One Hundred Thirty -five Thousand Five Hundred Sixty-Five Dollars and no/100 ($135,565) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 11 • • 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of sub - consultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit C. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated JoAnn Hadfield to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 51 VA 9 • • 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. ADMINISTRATION This Agreement will be administered by the Planning Department. Patricia Temple shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. In performing duties set forth in the Scope of Services in Exhibit "A ", Consultant shall report to, coordinate with, receive direction from, and be responsive to David Lepo, Senior Project Manager for Hogle- Ireland, Inc. under separate contract with City, as an authorized representative of the Project Administrator. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. Le 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 11 • • 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any.of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by • • City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of Califomia, 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. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for I • • any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. J0 • • F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that sub - consultants may be used to complete the work outlined in the Scope of Services. The sub- consultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. • Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 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 IZ • • shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its 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 paragraph is intended to limit City's rights under 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. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: 13 • • Attn: Patricia Temple City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3200 Fax: 949- 644 -3229 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: JoAnn Hadfield The Planning Center 1580 Metro Drive Costa Mesa, CA 92626 Phone: (714) 966 -9220 Fax: (714) 966 -9221 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. 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, 0 • county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. 33. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. /. • • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: By: LaVonne Harkless, The Planning Center City Clerk Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Compensation Exhibit C Billing Rates /6 E Project Understanding EXHIBIT "A" SCOPE OF SERVICES E The City of Newport Beach solicited proposals for a project EIR for the Hyatt Regency Newport Beach expansion. The CEQA Guidelines identify a Project EIR as one which examines the environmental impacts of a specific development project and focuses primarily on the changes in the environment that would result from the development project. The project includes requests for a code amendment to revise the Coastal Height Limitation Zone map boundaries so as to include the subject property in the 32/50 height zone rather than the 26/35 height zone, a Local Coastal Program Amendment to revise the Coastal Height Limitation Zone map boundaries to exclude subject property, an amendment to the existing Use Permit, a Use Permit to allow for structure height in excess of 32/50 base height limit, a Coastal Development Permit, and a Development Agreement for the timeshare units. Scope of Work The following tasks are proposed for the completion of the Environmental Impact Report (EIR): Task 1: Initial Study /Notice of Preparation Brief, written responses will be prepared for all items included on the City's standard Initial Study checklist. Each response will explain the basis for the No Impact, Less Than Significant Impact, Less Than Significant With Mitigation Incorporated, or Potentially Significant Impact response. The Initial Study will clearly indicate why a particular issue would not result in a significant impact and does not require further evaluation, as well as identify those issues that require further analysis in an EIR to fully determine the extent and significance of potential impacts and to identify mitigation measures that could avoid or reduce such impacts to a level of less than significant. Given the City's decision to prepare an EIR for the proposed project, it is assumed that many of the checklist responses will consist of brief responses that explain the scope of the analysis anticipated in the EIR. A limited number of topical areas, however, are expected to be eliminated from further environmental review through documentation in the Initial Study. At this time it is anticipated that the following topics may be sufficiently addressed in the Initial Study and not require additional review: mineral resources, agriculture, population and housing, recreation, schools, solid waste services, and hazards and hazardous materials. A complete list of reference sources used to prepare the Initial Study will be provided. A Notice of Preparation (NOP) will be prepared, using the City's standard form. A copy of the Initial Study will be attached to provide an immediate explanation of the preliminary scope of issues to be included in the EIR. After City approval of the NOR 11 • The Planning Center will copy and distribute the NOP to the State Clearinghouse, responsible and trustee agencies, and other interested parties as identified by the City. A brief cover letter will be prepared to explain the purpose and content of the NOP and to clearly identify the time period, contact person, and address established for submitting responses. Deliverables: • Draft Initial Study /NOP (3 review copies plus digital copy) • Final Initial Study /NOP (up to 50 copies and one reproducible original and digital copy) • Certified mailing of up to 50 copies of the Initial Study /NOP Task 2: Public Scoping Meeting The Planning Center will assist the City in organizing and conducting one public scoping meeting to present the main characteristics of the proposal submitted by the applicant and to solicit comments regarding the scope and content of the environmental issues to be addressed in the EIR. Pre - meeting assistance will include scheduling the meeting, preparing public notices and agendas for City staff review, and mailing and publishing the final notices. It is assumed that the City will provide addresses of surrounding property owners and residents selected to receive copies of the Scoping Meeting notice. At the meeting, we will be prepared to discuss the environmental review process and to answer specific questions, as desired by the City. If requested, we will also prepare informational items to be distributed at the meeting, such as: • Flowchart defining the entire environmental review process, highlighting opportunities for public input; • Selected reduced- sized copies of applicant's master plan exhibits and textual summary of project characteristics; and • Questionnaire designed to obtain Deliverables • Mailing of a maximum of 250 Public Scoping Meeting notices to public agencies, interested parties, and surrounding residents • Draft and Final Public Notice of Scoping Meeting • Draft newspaper notice (to be published by the City) • Attendance and participation in one Public Scoping Meeting • Scoping meeting materials, including agenda Task 3: Screencheck Draft EIR The Planning Center will prepare a Screencheck Draft EIR to include the following sections in accordance with the CEQA Guidelines: A. General Information Introduction This section is intended as a convenience to the reader who is not familiar with CEQA or the environmental review process. The purpose and standards of adequacy for an r'� • • EIR will be defined. A discussion the environmental review process for this project will be presented. Characteristics of an EIR and the reasons for preparing an EIR for this project will be described, and the intended use of this document as the master environmental clearance for the proposed project. Summary This section will consist of a concise summary of the information presented in the main body of the EIR. This will include (a) a brief project description; (b) a tabular summary of findings regarding project and cumulative impacts, mitigation measures, and any unavoidable, significant impacts; (c) a summary of discretionary approvals required for the project; (d) a brief description of the alternatives considered, noting which one was considered the environmentally superior alternative; and (e) areas of controversy and issues to be resolved. Project Description The project applicant will be identified, along with a statement of project objectives. Specific characteristics of the project will be defined, including both short-term construction and demolition plans and long -term operation plans. Construction information will include proposed equipment use, grading export estimates, scheduling, and available plans for parking and traffic management. Detailed land use, infrastructure, circulation plans, and available architectural information will be documented and supported by illustration. The project description will also explain the required entitlements and identify responsible agencies for the CEQA process, including the California Coastal Commission. Environmental Setting A general description of the regional and local setting will be provided to establish the environmental and planning context within which this project occurs. In addition to physical characteristics that comprise the environmental setting, relevant regional and local planning programs will be discussed to establish whether this project is consistent or inconsistent with applicable planning policies and programs. The property's location relative to surrounding land uses, including the Back Bay, Newport Dunes, Fashion Island, police and fire stations, and various residential uses will be described. The proposed project will be reviewed relative to the General Plan update in progress and unique local regulations with respect to traffic generation and proposed development (City Charter Section 423, etc.). More detailed descriptions of existing conditions and pertinent policies will be provided, where appropriate, as part of the discussions under each of the specific impact topics in the main body of the EIR. Surrounding land uses will be identified on a vicinity map. Based on information readily available from the City of Newport Beach and County of Orange, development trends occurring in this general area will be described, and any other major development projects planned or proposed in the vicinity will be highlighted. Planned, pending, and approved /not built projects throughout Newport Beach will be listed and total development by land use category will be quantified. Other relevant projects such as infrastructure improvements or community facilities which could have a direct effect upon this project or local growth Iq • • trends, and which are planned to occur during the time frame of the proposed project, will also be identified. B. Discussion of Existing Conditions, Environmental Impacts, and Mitigation Measures Each topical section of the document will: (a) describe existing environmental conditions and pertinent regulatory policies and programs that apply to this project, (b) define the criteria by which impacts will be determined to be significant, (c) determine the environmental changes that would result from the project, (d) evaluate the significance of those changes with respect to the impact significance criteria, (e) define mitigation measures to reduce or avoid all potentially significant adverse impacts, and (f) provide a conclusion as to whether significant impacts would remain, even after successful implementation of recommended mitigation measures. A worst -case scenario approach will be followed for all analyses included in the EIR. The EIR will be clearly written and will avoid the use of technical jargon so that the document is easily understood. If technical terms need to be introduced for accuracy, they will be clearly defined. The analysis of issues will be thorough, yet concise. Mitigation measures will be formulated that are practical and feasible and will relate directly to the primary and secondary effects identified in the impact sections of the document. EIR scoping is yet to be completed, and the final determination of impacts to be addressed in the EIR may change during that process. At this time, however, it is anticipated that the following impacts can be addressed adequately within the Initial Study to conclude less that significant impacts: • Mineral Resources • Agriculture • Population and Housing • Recreation • Schools • Solid Waste Services • Hazards and Hazardous Materials However, if the scoping process results in a more comprehensive EIR, we will adjust our scope of work, schedule, and budget estimates accordingly. Analytical approaches to each of the EIR topics are described in the following pages. AestheticsNisual Impact Potential impacts to existing views are likely to be a critical concern of some surrounding property owners, particularly Harbor Cove residents situated to the northeast of the project site. Potential view impacts to recreational users of the Back Bay and Bayview Senior Housing residents may also be an issue. Project implementation will intensify on -site land uses by removing open space (golf course), introducing new structures (including a two -story parking structure), and increasing the maximum height of structures on -site. Grading, landscaping, and lighting will be 2.0 • modified. The removal and relocation of existing palm trees will also represent a noticeable change to the visual resources at the project site and may be controversial. The project applicant will provide visual simulations of the proposed improvements, as well as landscaping and lighting plans and photometric calculations. The Planning Center will perform the following tasks to determine potential aesthetic impacts associated with the project: • Review and incorporate the view simulations to evaluate the portions of the project that would be visible from sensitive surrounding viewing locations, and the characteristics of the view sheds that would be affected by the proposed expansion. (As appropriate, The Planning Center may request the preparation of view simulations from additional locations). • Discuss the results of the photometric calculations and lighting plans relative to light and glare impacts on surrounding sensitive land uses. • Document pertinent City of Newport Beach General Plan policies and Development Code. • Evaluate the proposed land use plan with regard to the existing topography and the ability to support the land uses proposed. • Review the proposed master design elements for aesthetic quality in relation to existing and proposed uses and adjacent roadways. • Discuss any potentially significant aesthetic impacts associated with project implementation. Air Quality The Planning Center will prepare the air quality analysis for the project, and supporting modeling information will be included in the Appendix of the EIR. The proposed activities associated with project construction and increased vehicular traffic generated by future tourist and conference facility use have the potential to generate fugitive dust, various stationary source emissions, and mobile emissions. The following will be included in the EIR: • Description of the atmospheric environment setting based on data from the South Coast Air Quality Management District ( SCAQMD). • Calculation of temporary construction activity emission using procedures identified within the SCAQMD CEQA Air Quality Handbook (1993) and the emissions inventory computer model URBEMIS2002. • Calculation of regional vehicular emissions using the SCAQMD's emissions inventory computer model URBEMIS2002. • Evaluation of the potential for any microscale air pollution "hotspot" formation at up to four project area intersections, using the California Department of Transportation's CALINE4 line source dispersion model. • Discussion of project consistency with the regional air quality management plan in terms of land use planning consistency. • Identification of any potentially applicable mitigation measures, including any relevant transportation control measures incorporated into the South Coast Air Basin portion of the California State Implementation Plan (SIP). 21 • Discussion of the potential effects on local air quality of cumulative development in the area. Biological Resources The Planning Center will conduct a third -party review of the biological assessment to be prepared by Glenn Lukos Associates. The project site is completely developed, and on- site biological resources are anticipated to be primarily non - native, ornamental vegetation. Although a unique variety of palm trees are represented on the project site, these trees do not represent a sensitive biological resource. Of particular concern will be the project's potential indirect impacts to sensitive resources associated with the Newport Bay and Ecological Reserve. Short-term construction activities and long -term intensification of land uses could result in air quality, noise, and lighting impacts that could adversely affect wildlife. Hydrological and water quality impacts could also result in indirect impacts to biological resources. Based on our site visit, the northeast boundary of the project site also abuts sensitive coastal sage scrub habitat. The EIR will describe plant and vertebrate wildlife species observed based on the site assessment/habitat survey, and floral and faunal lists. The site assessment will determine the vegetation communities present on -site, the presence or absence of sensitive plant and animal species, and related surrounding biological resources. Based on the proposed land use plan, an analysis of project impacts to the biological resources identified on -site, including the removal /relocation of trees, will be conducted. Indirect impacts (such as lighting and noise) to sensitive biological resources adjacent to the project site, particularly to the north, will also be analyzed. Cultural Resources Although the project site is completely developed, there is a possibility of discovery of archaeological and /or paleontological resources upon excavation of the site for project improvements. Cogstone Resource Management Inc. ( Cogstone) will prepare a cultural resources study for the proposed project. A literature study will be conducted to determine the existence of previously recorded cultural and paleontological resources within the project boundaries plus a one -mile radius. In addition, a paleontology record search will be requested from the Natural History Museum of Los Angeles County (staff must perform the search). Records pertaining to archaeology and history will be searched at the South Central Coastal Information Center at California State University, Fullerton. The results of the cultural resources literature study report, record searches, the literature review, and other research resources will be incorporated into the cultural resources section of the EIR. An analysis of the project impacts will be conducted and management recommendations and mitigation, if required, will be provided. Geology and Soils The Planning Center will conduct a third -party review of the geotechnical and soils report to be prepared by Kleinfelder on behalf of the project applicant. Results of the study will be incorporated into the EIR. Potential impacts related to geology and soils on -site and in the project vicinity will be discussed in this section of the EIR based on information in that ZZ • • study. This section will define the existing geologic, soils, and groundwater characteristics that occur on -site; identify regional seismic influences; and note and explain the characteristics of any areas containing constraints to site development. Based on the proposed land use plan and the site constraints previously identified, an analysis of project impacts will be conducted. Mitigation measures known to be successful in addressing the various geotechnical constraints affecting proposed expansion areas will be defined. Hazards and Hazardous Materials The project site is developed and at this time no known historical use of the site is expected to have resulted in residual hazardous wastes. The Planning Center's site assessment team will conduct a records search and evaluate past and present site activities and proposed construction and development activities to determine whether the site currently contains materials that are hazardous to human health or the environment, and whether the proposed uses of this site could result in such hazards. The results of the assessment will be incorporated into the EIR, including a narrative discussion of the presence /absence and significance of hazardous waste risks, together with recommendations for remediation measures, if needed. The potential hazards from wildland fires that could occur in the native vegetation directly adjacent to the northern portion of the site, which is proposed for development of the timeshare units, will also be analyzed in the EIR. Hydrology/Water Quality Project development will alter existing drainage patterns and improvements that will affect both on -site and off -site surface runoff. Potential hydrological and water quality impacts, particularly to the sensitive Back Bay and coastal resources, will be an important issue to be addressed in the EIR. On behalf of the applicant, Fuscoe Engineering is preparing the drainage plan for the applicant. This proposal assumes that Fuscoe Engineering will provide a hydrology study documenting existing and proposed drainage, detailing proposed improvements, and quantifying before - and -after flows. It is also our understanding the Fuscoe Engineering is also preparing a Water Quality Management Plan. This EIR section will comprehensively address project - related stormwater and water quality impacts based on the studies provided by Fuscoe Engineering. A thorough review of regulatory requirements and phasing of proposed best management practices (BMP) to ensure that runoff will not contain contaminants that will impact receiving waters will be included. Land Use and Planning The proposed project is consistent with the existing General Plan and is anticipated to be consistent with the General Plan update currently under preparation. Project implementation, however, is subject to an amendment of the Coastal Height Limitation Zone Boundary and existing Use Permit. Subsequent to City approval of the project and certification of the•EIR, the project will also require approval of an LCP amendment and Coastal Development Permit through the California Coastal Commission. This section will describe these entitlements and processes. 23 • • An assessment of the project's consistency with the goals and policies of each element of the General Plan will be provided. As appropriate, the EIR will also review potential updates in the General Plan and whether the project will remain consistent with the General Plan update if approved prior to approval of this project. Also key to this section will be a compatibility analysis of proposed improvements with existing, surrounding land uses. This assessment will include an overview of visual, noise, lighting, traffic, and air quality impacts to conclude whether or not the project will be compatible. The Planning Center will: • Inventory all existing and planned land uses in the project area. • Analyze recent development trends within the general area and assess the consistency of the proposed development with both current development trends as well as relevant local and regional land use planning programs. • Provide a nexus between the project's environmental impacts in aggregate and the environmental compatibility of the proposed project with surrounding uses. • Propose mitigation measures to reduce potential conflicts between the proposed development and the surrounding uses and future development to the maximum extent feasible. Noise The proposed activities associated with the project implementation have the potential to substantially increase noise levels near existing sensitive receptors, and may expose future residents to adverse noise levels from adjacent major roadways. Noise modeling and calculations will be included in the appendices of the EIR. The following tasks will be included to assess noise: • Perform limited on -site ambient noise monitoring at up to four locations, as needed, to develop a baseline noise characterization and to provide input data to prepare a site - specific calibration of the FHWA Traffic Noise Prediction Model (FHWA -77 -108). • Develop a baseline noise exposure profile in terms of the CNEL noise metric, using the FHWA Model with the latest California vehicle noise curves (CALVENO). • Prepare a construction noise analysis to determine if potential significant noise impacts would occur at the nearest noise - sensitive uses. • Prepare a vibration assessment to determine whether construction or operational phase activities attributable to the project would result in levels of vibration that would exceed the thresholds established by the Federal Transit Administration. • Prepare a no- project versus with - project mobile noise impact comparison. Identify specific sensitive receiver locations where mobile source noise impacts may adversely affect City of Newport residents. • Relate project noise impacts to the Noise element noise /land use compatibility guidelines in the City of Newport General Plan Noise Element and other applicable noise exposure regulations. • Determine noise increases due to cumulative traffic growth from existing conditions to future conditions with project - related traffic. • Develop a noise impact mitigation plan for any predicted noise impacts that exceed target noise exposure limits. _) `� • • Public Services The City of Newport Beach is a full - service City providing its own police, fire, emergency, water, and sewer services. The City's providers will be contacted to identify existing facilities that would be affected by the project, existing service levels and capacities available to serve the proposed land uses, and intensity of proposed development. The demand placed on these services and utilities will be identified on the basis of standard planning factors provided by each agency or from the City's General Plan, and the ability of the agencies to accommodate this growth will be assessed. The need for additional public facilities or personnel to serve the proposed project and maintain adequate levels of service will be determined in consultation with the agencies. Measures to avoid or reduce the significance of project- related public service impacts will be developed and included in the EIR. The public services to be addressed will include: • Fire and Emergency Services • Police Protection • Water and Sewer Services Traffic and Circulation The traffic generated by the project is anticipated to exceed the threshold for requiring a traffic impact analysis (TIA) as per the requirements of the City of Newport Beach. The proposed scope of work is prepared in accordance with the procedures and methodologies of the City of Newport Beach. As part of the Traffic Impact Analysis, the following operating scenarios for the Hyatt Regency Newport expansion will be evaluated: • Existing Condition (with applied growth factors to bring counts to 2006) • Existing + Growth + Approved Projects Conditions (TPO analysis) • Existing + Growth + Approved Projects + Project Conditions (TPO analysis) • Existing + Growth + Approved Projects + Cumulative Project Conditions (CEQA Analysis) • Existing + Growth + Approved Projects + Cumulative Projects + Project Conditions (CEQA Analysis) Project Definition The Project Definition task is the initial phase of the traffic impact analysis. This task is conducted to quantify the proposed project, calculate the trip generation, and develop the trip distribution assumptions. The project study area will be determined based on the City of Newport Beach guidelines. IBI will estimate trip generation, trip distribution and assignment of project traffic for weekday AM and PM peak hours. A detailed description of the land use will be tabulated for the purposes of project trip generation. Questions have been identified about the potential automobile traffic generated by the proposed ballroom expansion, and if NBTAM and ITE trip generation rates accurately reflect the trips likely to be generated by this facility. IBI Group will work with the City to establish an acceptable trip generation rate for this use. This work effort will include a survey of 5 -7 surrounding zs • • hotels in Orange County to determine the ratio between the number of hotel rooms in each facility and the size of the ballroom /conference facilities. The objective of this survey will be to determine if the proposed ballroom facility at the Hyatt Regency is proportional to the size of the hotel as whole when compared to similar nearby hotels. The end result of this task will be the identification of a reasonable and supportable trip generation rate for the project taking into consideration the size of the proposed ballroom. If necessary, traffic counts and trip generation studies can be completed at one or two comparable hotel locations. The attached budget includes these counts and studies as an optional task in this scope of work. Task 1 will include an initial scoping meeting with City of Newport Beach staff to verify the project study intersections, trip generation, trip distribution, and finalize the scope of the traffic study. Existing Conditions IBI will evaluate existing traffic and circulation conditions within the study area which includes the following components: 1) intersection operating conditions and traffic counts for typical weekday AM and PM peak hour conditions, 2) descriptions of geometric roadway conditions within the study area, and 3) access to the proposed site. For the purposes of this scope, IBI Group has assumed that 10 intersections will be included in the project study area. It is our understanding that the City of Newport Beach will provide existing traffic counts for the 8 Primary Signalized Intersections identified below. Traffic counts for the AM and PM peak periods will be conducted at study intersections where counts are not currently available. The project budget assumes the need collect counts at 2 intersections (Jamboree Road at Back Bay Drive and Jamboree Road at Hyatt Newport Entrance /Island Lagoon). If the total number of intersections varies significantly, modifications to the proposed study budget may be required. The proposed study intersections are identified below: • Coast Highway and Dover Drive • Coast Highway and Bayside Drive • Coast Highway and Jamboree Road • Coast Highway and Newport Center Drive • Coast Highway and Avocado Avenue • Coast Highway and MacArthur Boulevard • Jamboree Road and San Joaquin Hills Road • Jamboree Road and Santa Barbara Road • Jamboree Road and Hyatt Regency Newport Entrance /Island Lagoon • Jamboree Road and Back Bay Drive IBI will field review identified intersections to determine existing geometric conditions including number and type of lanes, existing traffic control devices, sidewalk locations, Z6 • • and driveway locations. Existing intersection operating conditions (in terms of volume /capacity ratios and level of service) will be quantified using the Intersection Capacity Utilization (ICU) method of intersection analysis consistent with the City of Newport Beach traffic impact analysis requirements. We will submit our traffic counts, fieldwork results and other initial data early in the process for City review to help assure a smooth approval process. IBI will use a state -of -the art traffic analysis software tool named Traffix to analyze existing traffic operations and to assign cumulative and project related traffic volumes to the roadway network. Future Traffic Conditions — Traffic Phasing Ordinance Analysis In accordance with the City's Traffic Phasing Ordinance, IBI will analyze the following traffic conditions for one year after project opening year: • Existing + Growth + Approved Projects Conditions • Existing + Growth + Approved Projects + Project Conditions Project opening year traffic conditions with approved projects anticipated to be complete one year after the proposed project will be determined using trips from the identified approved projects plus an ambient traffic growth rate. Based on discussions with City staff, it is understood that the City will provide IBI with future automobile trips generated by the approved projects as well as the assignment of these trips at the study intersections. Opening year with project conditions will also be analyzed. Trip distribution patterns for project generated trips will be determined in coordination with City of Newport Beach staff. Intersections which are forecast to experience an increase in level of service due to the project and cumulative project - related traffic will be highlighted. Traffic impacts associated with access or egress to and from the project site will also be analyzed. Graphics and tables will be used to illustrate the above mentioned project opening year scenarios. Traffic impacts associated with access or egress to and from the project site will also be analyzed. For those intersections which have identified impacts, IBI Group will identify mitigation measures to meet the adopted intersection performance standards for the governing agency for the intersection. Impacts will be identified using the methodology consistent with the Traffic Phasing Ordinance. IBI Group will identify conceptual planning alternatives to mitigate identified significant impacts. Improvements may include signalization, signal coordination additional or if necessary, additional geometric features at the intersections in the form of additional left and right turns and through lanes. Documentation and diagrams illustrating the revised geometry (through and turn lanes), forecast peak hour turning volumes, and revised LOS calculation for each intersection will be provided along with conceptual cost estimates for the proposed improvements. If right -of -way costs are necessary for the conceptual designs, IBI Group will work with the City of Newport Beach to determine representative values. If necessary, IBI Group can utilize a specialized right -of -way sub - consultant to prepare a 27 0 0 conceptual right -of -way cost. The work effort of the specialized ROW sub - consultant would be completed on a time and materials basis over and above the cost provided in the budget. Future Traffic Conditions — CEQA Analysis IBI will forecast the following future traffic conditions for this task • Existing + Growth + Approved Projects + Cumulative Project Conditions • Existing + Growth + Approved Projects + Cumulative Projects + Project Conditions Future traffic conditions with cumulative developments will be determined using trips from the identified cumulative projects plus the approved projects and ambient traffic growth rate applied in Task 3. It is understood that the City of Newport Beach will provide the trip generation rates for the cumulative projects and that IBI Group will be responsible for assigning these trips to the project study intersections. Significant traffic impacts forecast to be caused by the project and cumulative project - related traffic will be highlighted. Using the applicable City of Newport Beach guidelines, IBI will identify the intersections with significant impacts. This task includes an analysis of vehicular access or egress to and from the project site. Internal site circulation will also be reviewed to ensure that the internal circulation system provides adequate access to the proposed parking facilities. For those intersections which have identified impacts, IBI Group will identify mitigation measures to meet the adopted intersection performance standards for the governing agency for the intersection. Impacts will be identified using the methodology consistent with the Traffic Phasing Ordinance. IBI Group will identify conceptual planning alternatives to mitigate identified significant impacts. Improvements may include signalization, signal coordination additional or if necessary, additional geometric features at the intersections in the form of additional left and right turns and through lanes. Documentation and diagrams illustrating the revised geometry (through and turn lanes), forecast peak hour turning volumes, and revised LOS calculation for each intersection will be provided along with conceptual cost estimates for the proposed improvements. If right -of -way costs are necessary for the conceptual designs, IBI Group will work with the City of Newport Beach to determine representative values. If necessary, IBI Group can utilize a specialized right -of -way sub - consultant to prepare a conceptual right -of -way cost. The work effort of the specialized ROW sub - consultant would be completed on a time and materials basis over and above the cost provided in the budget. Review of Applicant Parking Study This task involves the review of a parking study currently being prepared by the project applicant's consultant. IBI Group will peer review the parking study and comment on the methodology, conclusions, and recommendations of the study as appropriate, based on City of Newport Beach parking standards and guidelines contained in national parking Zg • • publications, including Parking Generation Manual (3rd Edition) published by ITE and Shared Parking (2nd Edition) published by ULL The analysis completed for this task will include a review of the proposed parking layout and on -site vehicle circulation. The proposed improvements at the hotel will result in changes to existing on -site vehicle circulation and parking access points. IBI Group will review the distribution of parking on the site and verify that the proposed layout and distribution will be adequate to serve the proposed uses. The layout for the proposed on -site parking garage and vehicle queuing for the garage access points will also be reviewed for adequacy based on peak parking demand. Comments will be summarized in the traffic study report. Utilities and Service Systems It is anticipated that project - related impacts to electricity, natural gas, cable, and telephone services will be less than significant and can be eliminated from further review in the Initial Study. This section will focus on the City's existing infrastructure and capability to provide water and sewer service to the proposed expansion. Any proposed improvements will be identified. Measures to avoid or reduce the significance of project - related utility impacts will be developed and included in the EIR. C. Alternatives to the Proposed Project In compliance with Section 15126(d) of the CEQA Guidelines, alternatives to the proposed project will be defined and analyzed. The Planning Center will consult with City staff for assistance in defining the alternatives to be analyzed in the EIR. Alternatives will be selected on the basis of their ability to: (1) avoid or reduce one or more of the project's significant impacts; and (2) feasibly attain most of the basic objectives of the project. The rationale for selecting each alternative will be explained, along with the principal features and environmental effects of each one. If any alternatives were considered during the project scoping process but rejected, reasons for rejecting those alternatives will be provided. Analyses of up to three alternatives, including the "No Project," will be conducted. The EIR is also likely to evaluate an alternative site plan that does not require an amendment to modify the existing height limitation and therefore would not require an LCP amendment. Other modifications may be considered to minimize or eliminate any adverse visual impacts of the proposed project. Based on the results of the traffic analysis, a land use or circulation alternative may also be defined and evaluated. Alternatives are included in the cost estimate for the EIR. Impacts associated with each alternative will be compared to proposed project impacts, for each of the environmental impact categories included in the preceding sections of the EIR. The environmentally superior alternative will be identified; if it is the No-Project/No Development Alternative, then one of the development alternatives will be identified as environmentally superior to the others. Zq F D. CEQA- Mandated Sections • In addition to the topical issues discussed above, the following sections will be prepared as mandated by CEQA: 1) Environmental effects found not to be significant during the Initial Study Scoping process. 2) Adverse environmental impacts which cannot be avoided if the project is implemented. This section will summarize those adverse project impacts that cannot be mitigated to a level of less than significant. 3) Cumulative Impacts. A discussion of cumulative impacts will be presented for each of the impact topics evaluated at length in the preceding sections of the EIR. These discussions will be concise, quantified where appropriate, and will evaluate cumulative impacts within an appropriate context for each issue. 4) Any irreversible environmental changes which will occur if the proposed project is implemented. 5) Growth Inducing Impacts. This discussion will identify ways in which the project could foster population or employment growth in this area, either directly or indirectly. Deliverables: • Screencheck Draft EIR (five review copies, one digital copy) Task 4: Draft EIR A. Screencheck Review /Revision It is presumed that all City comments concerning the Screencheck EIR will be transmitted in writing to The Planning Center at the same time. As appropriate, The Planning Center's Project Manager will meet with City staff to discuss and resolve any major areas of concern or to clarify areas of misunderstanding, etc. Follow -up with City departments or other agencies will be conducted as necessary to respond to City staff comments. Upon acceptance of the document as a Draft EIR, The Planning Center will reproduce and distribute the Draft EIR to the State Clearinghouse, responsible and trustee agencies, as other special interest groups and individuals identified on a distribution list to be developed in consultation with the City. The Planning Center will prepare the Notice of Completion (NOC) for City approval and signature and will transmit the NOC with all copies of the Draft EIR. B. Draft EIR Distribution and Noticing The Planning Center will be responsible for the distribution and noticing of the Draft EIR, including the preparation of the Notice of Availability and the certified mailing of the Draft EIR. This scope assumes that the City will place the newspaper publication of the Notice of Availability. Deliverables: • Preliminary Draft EIR eight copies and one reproducible original and digital copy) 3d E • • Draft EIR • 65 hard copies of the Draft EIR including technical appendices volume(s), one reproducible original and digital copy); • 15 copies of the Executive Summary plus digital copy to the State Clearinghouse; • Certified mailing of up to 65 copies of the Draft EIR (hard copies and CDs) • Preparation of Notice & Availability Task 5: Final EIR/Responses to Comments The Final EIR will be prepared in accordance with CEQA and will contain the City's required elements, as follows: A. Response to Comments Following receipt of all comments on the Draft EIR, written responses will be prepared for each comment. A list of persons, organizations, and agencies commenting on the Draft EIR will be provided. A Response to Comments section will be created for the Final EIR, which will contain an introduction describing the public review process concerning the Draft EIR, copies of all comment letters received and minutes from public meetings where oral comments were taken, plus written responses to all comments. Responses will focus on comments which address the adequacy of the Draft EIR. Other comments which do not address EIR adequacy will be noted as such and no further response will be provided, unless deemed necessary by the City. Responses will be prepared by The Planning Center, with input from our technical specialists, as needed. A not -to -exceed budget for responses to comments has been established to cover efforts by any member of the consulting team needed. If an unexpectedly large volume of comments is received, or if certain comments result in the need for substantial additional responses, or new research or analysis, the initial budget may not be sufficient. Should this situation become apparent, we will discuss this concern with the City before the responses budget is consumed and determine an appropriate course of action. As required by CEQA, responses to agency comments will be provided to those agencies, a minimum of 10 days prior to consideration of the Final EIR by the City Council. B. Revisions to the Draft EIR The Final EIR will also incorporate any necessary revisions to the Draft EIR including any necessary clarifications /additions and /or corrections in response to issues raised in comments to the Draft EIR. Deliverables: • Final EIR (20 copies and one original and digital copy) Task 6: Mitigation Monitoring Program A Mitigation Monitoring Program (MMP) will be prepared, pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard City format, and will 31 • • identify the significant impacts that would result from the project, proposed mitigation measures for each impact, the times at which the measures will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. A draft MMP can be prepared for consideration by the Planning Commission, if desired, so that any comments they may have concerning the MMP can be incorporated into the Final EIR that is prepared for City Council certification. Task 7: Findings of Fact and Statement of Overriding Considerations Section 15091 of the CEQA Guidelines requires that no public agency approve or carry out a project for which an EIR has been completed and identifies one or more significant effects, unless the public agency prepares findings for each significant effect. If required, The Planning Center will prepare draft findings and facts in support of findings describing each of the significant impacts identified by the EIR and the determination as to whether those impacts would be reduced to below a level of significance by proposed mitigation measures. These facts and findings will be incorporated into the resolution to be prepared by City staff. Additionally, Section 15093 requires that when an agency approves a project which will have significant adverse environmental effects that are unavoidable, the agency must make a statement of its views on the ultimate balancing of the merits of approving the project despite the environmental damage. The Planning Center will prepare the Statement of Overriding Considerations for any unavoidable significant impacts that may be identified by the Final EIR. Task 8: Public Hearings /Meetings The Planning Center will coordinate closely with City staff to ensure that the EIR and associated documents delivered to the City are legally defensible and accurate and will serve as useful tools for decision makers when considering the approval of the project. Our scope of work assumes attendance by our project manager at the meetings and public hearings listed below. Additional meeting attendance by The Planning Center or attendance by other members of the consultant team will be billed on a time -and- materials basis in accordance with the hourly rates for the personnel involved. Deliverables: • Staff coordination meetings (five) • Public Hearings (up to four) (Scoping Meeting is listed under Task 2) Task 9: Notice of Determination Within five days of EIR certification, The Planning Center will file an NOD with the State Clearinghouse and County Clerk. Deliverables: 6 Notice of Determination Task 10: Project Management and Coordination As the lead consultant, The Planning Center will direct and manage all sub - consultants included on the project team, and will act as the primary contact with the City of Newport Beach. Our responsibilities will include: (1) task scheduling and assignment, management --,2- • • of resources, monitoring of costs, and schedule adherence; (2) management and coordination of sub- consultants, including contract administration and accounting; (3) consultation and coordination with local and state agencies relative to the environmental document and the environmental review process; (4) coordination and communications with the City's project team to ensure that City policies, procedures, and any applicable codes are complied with and, where applicable, are incorporated into the EIR; (5) ensuring that the environmental review process and the EIR satisfy the statutes and guidelines of CEQA and the City of Newport Beach CEQA Procedures; and (6) representing the Consultant team in public meetings and project progress meetings as requested by the City. .3� • HYATT REGENCY NEWPORT BEACH ENVIRONMENTAL IMPACT REPORT SCHEDULE TASK Receipt of Technical Report from City/Applicant Preparation of Initial Study /NOP Review & Revise Initial Study /NOP Circulation of Initial Study /NOP (30 -days) Scoping Meeting Completion of technical studies Preparation of Screencheck Draft EIR Submittal of Screencheck Draft EIR City Review of Screencheck Draft EIR Revisions to Screencheck Draft EIR Circulation of Draft EIR (45 -day public review) Preparation of Final EIR, Mitigation Monitoring Program, and Facts, Findings and Statement of Overriding Considerations Submittal of Final EIR documents City Review of Final EIR documents Revisions to Final EIR documents Review of Final EIR Public Hearings and Certification of EIR DATE 3130/06 3/30106 — 4113/06 4114106 — 4/20106 4/21/06 — 5122/06 5 /4 /O6 5/16/06 4126/06 — 6/30106 6/30/06 6/30/06 — 7121/06 7124/06 — 7/31106 8/4106 — 9/18/06 9/11/06 — 9125106 9125/06 9/25/06 — 10109106 10/10/06 — 10/16106 10/16/06 10/26/06 — 11121106 39 • • EXHIBIT "B" SCHEDULE OF COMPENSATION Task Cost THE PLANNING CENTER LABOR COSTS Task 1. Initial Stud /Notice of Preparation $ 4,250 Task 2. Public Scoping Meeting 2,640 Task 3. Screencheck Draft EIR 46,020 Task 4. Draft EIR 6,450 Task 5. Final EIR/Response to Comments 9,200 Task 6. Mitigation Monitoring Program 750 Task 7. Statement of Facts & Findings, Statement of Overriding Considerations 1,400 Task 8. Hearings/Meetings 3,960 Task 9. Notice of Determination 200 Task 10. Project Management and Coordination 8,660 Labor Subtotal $ 83,530 SUB- CONSULTANTS IBI Group Traffic & Circulation $ 26,010 Co stone Resource Management Inc. Cultural Resources 3,609 Sub - consultants Subtotal $ 29,619 TOTAL LABOR $113,149 REIMBURSABLE EXPENSES Reimbursable Ex enses $ 22,416 GRAND TOTAL $135,565 The budget for the Final EIR is an estimate only, based on approximately 68 hours for the preparation of the Response to Comments. The estimated budget assumes that no additional basic research will be required to respond to comments, that the comments will be directed at the substance and technical adequacy of the EIR, and that the comments will be compiled by the City and transmitted in writing to the consultant. Modification to the scope of work, budget, and time frame may be necessary if comments received from agencies or the general public require substantially increasing the scope of impacts and issues that the EIR has addressed. Reimbursable costs are an estimate based on the detailed Table 2. These costs will be billed at actual cost plus 12.5 percent. These direct costs are conservative because they assume that hard copies of both the EIR and the technical appendices will be forwarded to the City's mailing list. If the City determines to forward exclusively electronic copies, or hard copies of only the EIR with electronic copies of the appendices, this cost will be substantially reduced. jS • EXHIBIT "C" BILLING RATES (HOURLY) THE PLANNING CENTER 2006 FEE SCHEDULE PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE Principal $200 -250 Director 150 -200 Senior Planner/Scientist/Designer II 125 -150 Senior Planner/Scientist/Designer 1 100 -125 Associate Planner/Scientist/Designer 11 85 -100 Associate Planner/Scientist/Designer 1 80 -85 Assistant Planner/Scientist/Designer 11 70 -80 Assistant Planner/Scientist/Designer 1 60 -70 GIS /CAD Operator 11 80 -95 GIS /CAD Operator I 65 -80 Graphic Artist II 75 -110 Graphic Artist 1 55 -75 Planning Tech /Intern 50 -60 Technical Editor 80 Word Processing 60 Clerical 55 Third -Party CEQA Review 200 Expert Witness 2 X Normal Hourly Rate Reimbursable Costs (12.5% marku Mileage ($0.485 per mile) $100 IS /NOP — 50 copies at $30 + 1 digital 1,500 SCEIR — 5 copies at $130 + 1 digital 650 Preliminary DEIR — 3 copies at $130 + 1 original + 4 digital 390 DEIR — 65 copies (EIR & Appendices) at $200 + 2 original + 6 digital 13,000 DEIR — 25 CDS to SCH (15) and stage agencies (10) at $10 250 Responses to Comments — 24 copies at $20 +2 original 720 Mitigation Monitoring Program — 7 copies at $20 + 4 digital 140 Findings of Fact/SOC — 24 copies at $20 + 2 original + 6 digital 480 FEIR — 20 copies at $50 + 6 digital 1,000 Scoping Meeting Notices (max 250) + meeting handouts (max 60) 250 Misc. copying 200 Photographs 150 Postage — IS /NOP 50 copies mailed (certified) 250 Postage — SCEIR and Preliminary DEIR (overnight) 20 Postage — DEIR 65 copies (EIR & Appendices) (certified) 650 Postage — 25 CDs to SCH (overnight) and state agencies (certified) 125 County filing fees 50 36 • IBI Group 2006 FEE SCHEDULE PROFESSIONAL CLASSIFICATION Principal Project Manager Technical Staff 0 HOURLY BILLING RATE $185 125 75 Cogstone Resources Management Inc. 2006 FEE SCHEDULE PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE Registered Prof. Archaeologist/Qualified Paleontologist $80 Supervision 65 Archaeologist/Paleontologist 48 Clerical 40 -7