HomeMy WebLinkAboutC-4402 - PSA for Environmental Services for Professional Real estate Services, Inc. Pres Office Building BAMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT WITH
JONES & STOKES ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES
FOR PROFESSIONAL REAL ESTATE SERVICES, INC. PRES OFFICE BUILDING B
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. 2 ") is entered into as of this _J_ day ofV7�0 , 2011, by and
between the CITY OF NEWPORT BEACH, a California Municipal Cor ration ( "City "),
and JONES & STOKES ASSOCIATES, INC., a Delaware Corporation whose address
is 1 Ada Parkway, Suite 100, Irvine, California 92618 ( "Consultant "), and is made with
reference to the following:
RECITALS:
A. On November 4, 2009, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for environmental services for the PRES Office Building
B ( "Project ").
B. City and Consultant have entered into one separate AMENDMENT of the
AGREEMENT, dated September 17, 2010. -
C. City desires to enter into this Amendment No. 2 to reflect additional services not
included in the Agreement, to extend the term of the Agreement to December 31,
2011, and to amend the total compensation.
D. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
Section 1 of the Agreement, shall be amended in its entirety and replaced with the
following: The term of the Agreement shall terminate on December 31, 2011, unless
terminated earlier as provided for in Agreement.
2. SERVICES TO BE PERFORMED
Section 2 of the Agreement, shall be supplemented to include the Scope of Services
dated December 23, 2010, which is attached hereto as Exhibit `A' and incorporated
herein by reference. The City may elect to delete certain tasks of the Scope of Services
at its sole discretion.
3. COMPENSATION
The introductory paragraph to Section 4 of the Agreement shall be amended in its
entirety and replaced with the following: City shall pay Consultant for the services on a
time and expense not -to- exceed basis in accordance with the provisions of this Section
and the Schedule of Billing Rates attached to the Agreement. Consultant's total
amended compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Forty One
Thousand, Seven Hundred and Thirty Dollars and no/100 ($41,730.00) without prior
written authorization from City ("Total Amended Compensation").
3.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. 1, including all reimbursable items and subconsultant
fees, in an amount not to exceed Six Thousand, Nine Hundred Dollars
and no/100 ($6,900.00), without prior written authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the dates below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date:
By. .s..
Leonie Mulvihill
Assistant City Attorney��
ATTEST:
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: 'i 112. tib
Dave iff, City Mana er
CONSULTANT: Jones & Stokes
Associates, Inc., a Delaware corporation
Date: Z— G - I
Date: obi �)� \
�--o
Byti-I
�'GYIzX
L i I. rown
fi�City Clerk
Attachments: Exhibit A — Additional Services to be Performed
By:
Name: C -I B rrngardt �'��v� i ✓��
TitleVice President
Date: o`Z oZ�//
By:
Name: F. Michael Gray
Title: Assistant Secretary
December 23, 2010
Janet Johnson Brown, Associate Planner
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach CA 92658
Subject: Request for Augment No.1 for PRES Office Building B Project
Dear Ms. Johnson Brown:
ICF International (ICF) is submitting this request for an augment to our existing budget for the
PRES Office Building B project for your consideration. This augment request revises and replaces
the previous augment request for $9,500 dated August 31, 2010 and approved in
September /October of 2010.
We are requesting this revised augment because of the out of scope items associated with the
following work that has been completed, as well as additional work required prior to completion of
this project:
• Prepared a lengthy response to comments stand alone document to address the issues
raised by the June 7, 2010 comment letter submitted by Palmieri, Tyler, Wiener,
Wilhelm & Waldron regarding the analysis presented in the IS /MND.
• Prepared lengthy errata to address issues raised by the June 7, 2010 comment letter
submitted by Palmieri, Tyler, Wiener, Wilhelm & Waldron, including finalizing Appendix
G: Biological Memorandum and incorporating the findings into the errata.
• Prepared a second errata and printing 12 color hard copies of the second errata to
address the August 5, 2010 comment letter submitted by Palmieri, Tyler, Wiener,
Wilhelm & Waldron.
• Two staff members prepared for and attended a separate Planning Commission meeting
on August 19, 2010.
• Updated the errata and printed copies to address the August 19, 2010 comment letter
submitted by Palmieri, Tyler, Wiener, Wilhelm & Waldron.
• To review staff Report for City Council and provide comments regarding fair argument,
piecemealing and cumulative issues.
I Ada Parkway, Sune 100 ° Irvine, CA 92618 mom-- 999.333.6600 -- 949.333.6601 fax a. ' idi.com
• To print eight hard copies of the Final IS /MND, with appendices on CD, for the City
Council meeting, as the 20 copies originally scoped hard copies were already prepared
and used for the first Planning Commission meeting on August 5, 2010.
The work described above involved labor hours beyond what we budgeted, and included numerous
additional coordination efforts, and the preparation of extra sets of documents including
production and printing. It also included the extra effort taken by ICF staff to prepare for the
Planning Commission meetings and to attend one very lengthy Planning Commission meeting
followed by a separate second Planning Commission meeting, We have also included hours for a
limited review of the staff report to City Council to address specific issues not covered in the errata
and to print hard copies of the report for the City Council in this revised augment.
In total we estimate the augment due to these out of scope items to be $6,900. The cost of the
original biological memorandum, which we estimate at approximately $2,600, is not included in the
augment request due to our mistakes that needed to be fixed. Therefore, the approval of this
augment request would increase our existing approved budget of $34,830 to $41,730.
Please feel free to contact Nicole Williams at 949/333 -6614 if you have any questions. We look
forward to continuing to work with you on this project and future projects within the City.
Sincerely,
Charles Smith, AICP
Vice President
Chad Beckstrom, AICP
Project Director
1 Ada Parkway, Suite 100 , Irvine, CA 92618 -. 949.333.6600 -- - 949.333.6601 fax , idi.mm
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT WITH
JONES & STOKES ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES
FOR PROFESSIONAL REAL ESTATE SERVICES, INC. PRES OFFICE BUILDING B
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. 1 "), is entered into as of this day of September, 2010, by and
between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "),
and JONES & STOKES ASSOCIATES, INC., a Delaware Corporation whose address
is 1 Ada Parkway, Suite 100, Irvine, California 92618 ( "Consultant "), and is made with
reference to the following:
RECITALS:
A. On November 4, 2009, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for environmental services for the PRES Office Building
B ( "Project ").
B. City desires to enter into this Amendment No. 1 to reflect additional services not
included in the Agreement, to extend the term of the Agreement to December 31,
2010, to increase the total compensation, and update insurance requirements.
C. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement, shall be amended in its entirety and replaced with the
following: The term of the Agreement shall terminate on December 31, 2010, unless
terminated earlier as provided for in Agreement.
2. SERVICES TO BE PERFORMED
Section 2 of the Agreement, shall be supplemented to include the Scope of Services
dated August 31, 2010, which is attached hereto as Exhibit `A' and incorporated herein
by reference. The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. COMPENSATION
The introductory paragraph to Section 4 of the Agreement shall be amended in its
entirety and replaced with the following: City shall pay Consultant for the services on a
time and expense not -to- exceed basis in accordance with the provisions of this Section
qqo)-
Y �
and the Schedule of Billing Rates attached to the Agreement. Consultant's total
amended compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Forty Four
Thousand, Three Hundred and Thirty Dollars and no /100 ($44,330.00) without prior
written authorization from City ( "Total Amended Compensation ").
3.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. 1, including all reimbursable items and subconsultant
fees, in an amount not to exceed Nine Thousand, Five Hundred Dollars
and no /100 ($9,500.00), without prior written authorization from City.
4. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with the
following: Without limiting Consultant's indemnification of City, and prior to
commencement of work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. 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.
C. Coverage Requirements.
, . 1
.Y
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant'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 (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
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, blanket
contractual liability.
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 $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
H
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. 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.
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the dates below.
APPROVED AS TO FORM:
OFFICEnr: It
TH CITY ATTORNEY
Date:
By.
Leonie Mulvihill ��
Assistant City Attorney ,�
ATTEST:
Date: 6 13b 10
By: �A� � D tH
Leilani I. Brown
City Clerk `~
�u r
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: 'doh�-,
ba4e Kiff, City Manager
CONSULTANT: Jones & Stokes
Associates, Inc., a Delaware corporation
Date: 9 1 24 No
c
By:
Name: G SMN\
Title: Jtt,� �D ►�
Date:
Name:
Title:
Attachments: Exhibit A — Additional Services to be Performed
1
1CF
August 31, 2010
Janet Johnson Brown, Associate Planner
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach CA 92658
Subject: Request for Augment No. 1 for PRES Office Building B Project
Dear Ms. Johnson Brown:
ICF International (ICF) is submitting this request for an augment to our existing budget for the
PRES Office Building B project for your consideration. We are requesting this augment because of
the out of scope items associated with the following work that has been completed, as well as
additional work that may be required prior to completion of this project:
Preparing a lengthy response to comments stand alone document to address the issues
raised by the June 7, 2010 comment letter submitted by Palmieri, Tyler, Wiener,
Wilhelm & Waldron regarding the analysis presented in the IS /MND.
• Preparing a lengthy errata to address issues raised by the June 7, 2010 comment letter
submitted by Palmieri, Tyler, Wiener, Wilhelm & Waldron, including finalizing Appendix
G: Biological Memorandum and incorporating the findings into the errata.
Preparing a second errata and printing 12 color hard copies of the second errata to
address the August 5, 2010 comment letter submitted by Palmieri, Tyler, Wiener,
Wilhelm & Waldron.
• Two staff members preparing for and attending a separate Planning Commission
meeting on August 19, 2010.
• Assumes 10 additional hard copies of the Final IS /MND, with appendices on CD, will be
needed for the City Council meeting, as the 20 copies originally scoped hard copies were
already prepared and used for the first Planning Commission meeting on August 5,
2010.
• Updating the errata and printing copies to address the August 19, 2010 comment letter
submitted by Palmieri, Tyler, Wiener, Wilhelm & Waldron.
• Two staff members potentially preparing for and attending a second City Council
meeting.
1 Ada Parkway, Suite 100 Irvine, CA 92618 -- 949.333.6600 *+--- 949.333.6601 fax .• kfixom
• Potentially preparing additional responses to comments and an additional errata to
address further comments that could potentially be submitted by Palmieri, Tyler,
Wiener, Wilhelm & Waldron during the City Council hearings.
This work involves labor hours beyond what we budgeted, and included numerous additional
coordination efforts, and the preparation of extra sets of documents including production and
printing. It also included the extra effort taken by ICF staff to prepare for the Planning Commission
meetings and to attend one very lengthy Planning Commission meeting followed by a separate
second Planning Commission meeting. Finally, we have provided additional items that could
potentially be required should Palmieri, Tyler, Wiener, Wilhelm & Waldron submit yet another
comment letter, resulting in an additional City Council meeting that we would attend.
In total we estimate the augment due to these out of scope items to be $9,500. The cost of the
original biological memorandum, which we estimate at approximately $2,600, is not included in the
augment request due to our mistakes that needed to be fixed. Therefore, the approval of this
augment request would increase our existing approved budget of $34,830 to $44,330.
Please feel free to contact Nicole Williams at 949/333 -6614 if you have any questions. We look
forward to continuing to work with you on this project and future projects within the City.
Sincerely,
Charles Smith, AICP
Vice President
JJ-
Chad Beckstrom, AICP
Project Director
1 Ada Parkway, Suite 100 Irvine, CA 92618 � -- 949.333.6600 - 949.333.6601 fax � iafLcorn
PROFESSIONAL SERVICES AGREEMENT WITH
JONES & STOKES ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES
FOR PROFESSIONAL REAL ESTATE SERVICES, INC. PRES OFFICE BUILDING B
THIS AGREEMENT is made and entered into as of this � day of
2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and JONES & STOKES ASSOCIATES, INC., a Delaware Corporation, whose
address is 1 Ada Parkway, Suite 100, Irvine, California, ( "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 process an application to amend the Land Use Element of the
General Plan to allow an increase in the maximum allowable square footage for
Anomaly 2 by 11,544 gross square feet, and to amend the Koll Center Planned
Community text to allow an increase to the allowable building area by 9,917 net
square feet.
C. City desires to engage Consultant to ensure that the environmental review
process is carried out in accordance with the California Environmental Quality
Act ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal memberfs) of Consultant for purposes of Project, shall be Chad
Beckstrom.
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 1St day of October 2010, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each 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 and the Schedule of
Billing Rates attached hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Thirty Four Thousand, Eight Hundred and Thirty Dollars and no /100
(34,830.00) without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written
approval of City.
4.1 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
2
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Director, who shall coordinate all phases of
the Project. This Project Director shall be available to City at all reasonable
times during the Agreement term. Consultant has designated CHAD
BECKSTROM to be its Project Director. Consultant shall not remove or reassign
the Project Director 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.
3
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. JANET
JOHNSON BROWN shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
N
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
any breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
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.
5
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 an critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
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.
2
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:
i. 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.
7
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 imsuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
All written documents, including graphics, exhibits, photographs, maps, etc, shall
be transmitted to City in the City's latest adopted version of Microsoft Word,
Excel, and Adobe Acrobat (PDF). All PDF documents shall be divided into
separate files identifying each chapter and named accordingly. Every attempt
shall be made to reduce the PDF file size to under 15 MB without degrading
image quality and resolution. PDF files must be text- searchable and bookmarked
to each section of the chapter.
0
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
10
intended to limit City's rights under the law or any other sections of this
Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Janet Johnson Brown
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3236
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Chad Beckstrom
ICF Jones & Stokes
1 Ada Parkway, Suite 100
Irvine, CA 92618
Phone: 949 - 333 -6600
Fax: 949- 333 -6601
11
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. INTEGRATED CONTRACT
This Agreement represents the full and 'complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
12
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By: I�
nette Beaucha
Assistant City Atto ney
ATTEST:
B:�
Y
Leilani Brown,
City Clerk
Attachments
U
M�_,
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Da ' Kiff
City Manager
for the City of Newport Beach
CONSULTANT:
By: 9, 6
(Corporate fficer)
Title:
Print Name:
B. it
(Financial Officer)
Title: ml -6 YAw.Aja I
Print Name: ,�J�1�! lJ�► `�-�
Exhibit A — Scope of Services
14
'CF 5t kes
M 10' lntemat6enal Company
August 17, 2009
Janet Johnson Brown, Associate Planner
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach CA 92658
Subject: Proposal for Environmental Consulting Services for General Plan Amendment and
Planned Community Text Amendment for the PRES Project
Dear Ms. Johnson Brown:
Thank you for inviting ICF Jones & Stokes to submit a proposal to complete the environmental
documentation for the General Plan Amendment and Koll Center Community Text Amendment
for the property located at 4300 Von Kerman (Professional Real Estate Services [PRES] project).
Although we have not yet had the opportunity to work with the City, we appreciate the opportunity
to demonstrate the technical capacity and legal knowledge that ICF Jones & Stokes brings to
assist the City of Newport Beach with any environmental needs that arise throughout the project.
Backed by nearly 40 years as a leading environmental consulting fine, ICF Jones & Stokes
provides a full spectrum of environmental consulting services, with specialized expertise in
preparing environmental documents on behalf of local government agencies for private
development projects. This proposal details our understanding of the project and key issues,
preliminary scope of work, estimated timeframe, and cost to prepare the environmental document
in accordance with the California Environmental Quality Act (CEQA). We anticipate this project to
proceed concurrently with the WPI- Newport LLC (WPI) project and therefore have applied a
discount to account for economies of scale by addressing similar issues and similar formats for
each project in separate proposals.
Project Understanding
Based on the RFP letter dated July 23, 2009, we understand the proposed project, located in the
Koll Center Planned Community, requires a General Plan Amendment to increase the maximum
allowable entitlement by 11,544 gross square feet. PRES is proposing a three story, 14,309
square foot office building to replace existing paved surface parking currently located between
two office buildings. The project also includes an amendment to the Koll Center Planned
Community text to allow an increase to the maximum net square footage in Office Site B.
1 Ada Parkway, 5uite 180 , IrvinC. CA 97618 , 949 333.6600 s 949.333.6601 fax � idii.com � jonesandstokes.com
City of Newport Beach
August 17, 2009
Page 2
Based on the information provided by the applicant in the Environmental Information Form, we
concur with the City that an Initial Study (IS) leading to the adoption of either a Negative
Declaration (ND) or a Mitigated Negative Declaration (MND) would provide appropriate and
adequate environmental documentation under CEQA. As part of the environmental impact
analysis, we understand that the City requires a thorough analysis of the project's consistency
with the City's General Plan goals, objectives, and policies.
Detailed Work Plan
Our scope of services involves assisting the City of Newport Beach to prepare all required
materials, from the project description to the notice of determination, pursuant to CEQA Statutes,
Guidelines, and latest case law and legislative updates. Our proposed work plan is detailed in
the following tasks.
Task i. Project Initiation /Develop Project Description
ICF Jones & Stokes will meet with the City's project team within five days of receiving written
authorization to discuss the critical project issues, refine our scope, if necessary, and gather all
relevant data and materials to conduct the environmental analyses for the project.
ICF Jones & Stokes will conduct field reconnaissance of the project site and surrounding areas to
identify the baseline conditions. We will coordinate with the City of Newport Beach staff planner
to ensure we have the most recent understanding of the issues from all interested parties. This
task is essential for the development of accurate baseline settings that will serve as the
foundation for the environmental analyses.
We will use land use plans, project application, and other information provided by the City to
develop a comprehensive project description. The project description will include a detailed
narrative of the proposed project components, including phasing, infrastructure, and discretionary
actions. We will also prepare appropriate graphics and maps to accompany the project
description. We will submit a draft of the project description to the City for approval early in the
process to ensure that we share a common understanding of the project being evaluated.
Assumptions
0 One meeting (two team members attending) to discuss the project (assumes combining with
WPI kick -off meeting).
One round of review and revision of the project description.
Deliverables
U Memo documenting information needs for the project and understanding of communication
protocols.
ICFJones
Stole&
an 161ntmrmioml Ca."
City of Newport Beach
August 17, 2009
Page 3
■ Project description and statement of objectives for the project,
Task 2. Prepare Administrative Draft IS/[MIND
ICF Jones & Stokes will prepare an administrative draft ISQM]ND for the project, which will
include an evaluation of all of the environmental resources contained in the CEQA Environmental
Checklist. The IS4M]ND will include discussions of the existing conditions at each project site to
establish the baseliru i, impacts and magnitude of the impacts as compared to the baseline, and
the level of significance for each environmental discipline, as appropriate.
ICF Jones & Stokes will identify mitigation measures, if necessary and where appropriate, to
incorporate into the project that will minimize impacts to levels below significance thresholds. We
will provide substantial evidence to support the findings in the CEQA Environmental Checklist,
providing both quantitative and qualitative analysis.
Based on our understanding of the project, we have outlined our assumptions and approach
regarding resources that could be of particular concern in the IS analysis below.
Approach /Assumptions
® Aesthetics — ICF Jones & Stokes will provide a qualitative analysis of potential aesthetic and
visual issues. We will describe the existing visual environment surrounding the project site,
and discuss the consistency of the proposed project with the surrounding environments and
any relevant General Plan /Community Plan goals, policies, and development standards. We
assume the building height of the project and general aesthetic design will be consistent with
the development standards associated with the proposed zoning, Community Plan, and the
Airport Environs Land Use Plan for John Wayne Airport. We will use the architectural
renderings in the analysis, but assume that visual simulations will not be required. An
assessment of view obstruction will be provided qualitatively, as well as overall consistency
with density, mass/scale, and design guidelines.
■ Air Quality — For construction emissions, we will develop assumptions for the number and
type of construction equipment required to build the project for the construction impact
analysis using information provided by the applicant and /or general assumptions. We will
work with City staff, and the applicant at the City's request, to develop reasonable set of
assumptions for the beginning, duration, and end of construction for the project. We will use
the most current version of URBEMIS to calculate air emissions, and will compare the
impacts to the SCAQMD regional and localized significance thresholds to determine
significance. Mitigation measures will be identified as appropriate. For operational
emissions, we will use the information from the traffic study and use URBEMIS to quantify air
emissions. We will quantify carbon dioxide emissions and provide a qualitative discussion of
'CF S Oke&S
an 16Im «nMiun.,�c«,wxrcl-
City of Newport Beach
August 17, 2009
Page 4
Green House Gas (GHGs) emissions, which will incorporate any recent City policies or
practices regarding GHGs.
■ Cultural Resources — The project site is developed and disturbed. Per General Plan Figure
HR1, Historic Resources, there are no known historical architectural resources or other
known cultural resources in the vicinity of the project site. However, we will incorporate any
previous cultural studies or surveys that are available for the project, including the 1970(s)
archeologicai or paleontological records or surveys for the project site. Since these cultural
studies or reports are over ten years old and there has been much development in the
surrounding area which has uncovered unknown archaeological and paleontological
resources, we recommend conducting a new archeological and paleontological records
search. The records search would be combined with the WPI project, and the results will be
incorporated into the IS analysis. Mitigation measures may be incorporated into the IS11M]ND
to prevent the destruction of unknown paleontological or archeological resources during
construction activities.
■ Geology and Soils — We will incorporate any previously prepared geotechnical data or studies
that are available for the project site. If geotechnical studies are not readily available, we will
use the General Plan Safety Element and the General Plan EIR to analyze the geologic and
soil impacts related to earthquakes, liquefactions, and other geologic concerns.
■ Hazards and Hazardous Materials — We assume a Phase I is not available for the project and
therefore will conduct a limited hazardous materials records search to analyze hazards and
hazardous materials. Furthermore, since the project is within the Airport Environs Land Use
Plan for John Wayne Airport, we will provide a discussion and qualitative analysis of hazards
related to the airport In the ISgM]ND.
■ Hydrology and Water Quality — We assume the City will require a Preliminary Water Quality
Management Plan for the project, which will be prepared by the project applicant's engineers.
We will incorporate the information from the plan into the analysis as applicable. If the
Preliminary Water Quality Management Plan is not readily available, we will use the General
Plan EIR, the Koll Center Planned Community Development Standards, as well as other
information the City might provide, to qualitatively analyze hydrologic concerns, such as
flood, stormwater runoff, and erosion.
■ Land Use and Planning —We will prepare a land use consistency analysis for the project and
compare the proposed project and the proposed Planned Community Text Amendments to
all the relevant General Plan policies.
■ Noise — We will conduct one site visit to the proposed project location to obtain noise
measurements, establishing baselines for ambient noise. Data from the traffic studies,
specifically Average Daily Trips (ADTs), will be incorporated into the analyses, and will be
ICF s ok`
an Iff I�ttavnetiorol Canp3M
City of Newport Beach
August 17, 2009
Page 5
used to model predicted traffic noise resulting from the proposed project. Per the General
Plan Figure N1, Existing Noise Contours, the proposed project is located within the airport
noise contours; therefore, we anticipate a discussion and analysis of airport noise into the
IS /[MIND.
■ Transportation/Traffic — We assume a traffic study will be prepared for the project by another
consultant, who will be retained and managed separately by City Public Works. We will
incorporate the findings of the traffic study for the project into the IS/[M]ND.
Deliverables
■ Provide four (4) Administrative hard copies and one (1) electronic copy of the IS /[M]ND for
review and comment to the City of Newport Beach.
Optional Task 2a. Conduct SB 98 Consultation
As an optional task, ICF Jones & Stokes will conduct Native American Consultation in
accordance with SB 18, as required for General Plan Amendments. As part of this consultation,
ICF Jones & Stokes will draft letters and accompanying maps for the City of Newport Beach,
addressed to the Native American Heritage Commission (NAHC) and request a list of California
Native American tribes with traditional lands or cultural places located within the City's
jurisdiction. ICF Jones & Stokes will then draft letters from the City of Newport Beach describing
the project and notifying tribes on the NAHC list of the opportunity to consult. These will be sent
by certified mail. Follow -up phone calls to make contact may be required in certain situations. ICF
Jones & Stokes will compile a record of California Native American tribes contacted and their
response to the invitation to consult. ICF Jones & Stokes will keep the City of Newport Beach
informed of the consultation and its results.
Task 3. Prepare and Circulate the Public Draft IS/[MIND and Notice of
Intent to Adopt [M]ND
Upon review and approval of the administrative draft IS4M]ND, we will prepare and produce the
public draft IS/[M]ND for public review. ICF Jones & Stokes will prepare the Notice of Intent to
Adopt an [MIND (NOI). ICF Jones & Stokes will distribute the document to agencies, and other
recipients for public review and comments, as determined by the City of Newport Beach. ICF
Jones & Stokes will also post the document at the County Clerk's office, and distribute the NOI
and IS /[MIND to neighboring property owners. At the City's request, we will publish the notice in
a newspaper of regional circulation. We do not anticipate that the IS /[M]ND will be required to be
submitted to the State Clearinghouse.
1CF St keess
e ICF Inwwl.l cwo,y
City of Newport Beach
August 17, 2009
Page 6
Deliverables
• Print and mail up to 60 copies of the Public Review IS /[M]ND.
• Post NOI at the County Clerk for each project.
• Provide draft newspaper notice at the City's request.
• Print NOI suitable for distribution and a -copy suitable for posting to City of Newport Beach's
website (if appropriate).
Task 4. Prepare Response to Comments and Final lS /1MIND
While responses to comments are not required for an IS /(M]ND, we find that most lead agencies
prefer to handle comments received on an IS /[MIND similar to an EIR, and provide written
responses for the record. ICF Jones & Stokes will work closely with the City of Newport Beach to
prepare draft responses to comments for comment letters received during the public review
period. These responses to comments, along with any changes to the IS4M]ND, will be
submitted to the City of Newport Beach as Administrative final IS/[M]ND. The Final IS /[MIND will
be prepared in accordance with the requirements of CECA, the City's practices and procedures,
and will satisfy the needs of other agencies with jurisdiction over the project or any portion
thereof. The Final IS /[M]ND will be a complete bound document that includes all necessary and
required sections, references, and figures. Upon adoption of the Final IS /[M]ND, ICF Jones &
Stokes will file the Notice of Determination (NOD) with the County Clerk.
Assumptions
■ We cannot predict how many comments the City will receive or the magnitude or substance
of any individual comments. Therefore, for scoping and costing purposes, we have assumed
up to 16 hours to respond to comments.
■ One set of comments and revisions to create the Final IS /[M]ND.
■ Post NOD at County Clerk within five days of adoption of the [MIND.
■ We assume California Department of Fish & Game filing fees will be paid by the applicant or
City.
Deliverables
■ ICF Jones & Stokes will provide the City of Newport Beach with five (5) Administrative Final
IS![MIND and one electronic copy of the Final IS /[M]ND.
■ Twenty (20) hard copies, double sided, of the IS/[M]ND and one (1) electronic copy on CD
for.
ICF St kes
an tCF IMniwfiamnl Cemparc�
City of Newport Beach
August 17, 2009
Page 7
Task 5. Prepare Mitigation, Monitoring, and Reporting Program
If the project results in significant impacts that can be mitigated to less than significant levels, ICF
Jones & Stokes will propose mitigation and will prepare mitigation, monitoring, and reporting plan
(MMRP). The MMRP will identify mitigation measures, timing, responsibility for implementation,
and monitoring methods. ICF Jones & Stokes will provide the MMRP in conjunction with the
Administrative draft Final IS /MND. We will work with staff to identify appropriate responsible
parses, methods, and timing. The plan will include all accepted mitigation measures and an
indication of the following:
• The project time period to which the measure applies (i.e., construction, operation, pre- /post-
occupancy),
• Future review or reporting requirements involved in a measure,
• Responsible party for cost of mitigation,
• Responsible party for implementing and enforcing the mitigation,
• Requirements for monitoring by outside agencies, and
• Monitoring and reporting frequency.
Assumptions
® If the IS results in a NO, rather than an MND, the MMRP would not be prepared.
Deliverables
® ICF Jones & Stokes will provide the MMRP as part of the Final IS/MND. Copies and format
will follow those discussed in Task 5 above.
Task 6. Attend Meetings and Project Coordination
ICF Jones & Stokes' project management team and key technical personnel will be available to
attend coordination meetings with City staff and the project team as well as public hearings.
Assumptions
For scoping purposes we have assumed attendance at the following meetings:
O One meeting for the kick -off (assumes combining with the WPI project), will be attended by
the Project Director and Project Manager to discuss project progress or specific issues as
discussed above in Task 1,
• One project coordination meeting, and
• Two public hearings (Planning Commission and City Council) will be attended by up to two
team members, assuming that both the PRIES and WPI projects proceed concurrently and
1CF s ok&
an ICC Iniwnavmwl Canpa,y
City of Newport Beach
August 17, 2009
Page 8
will be on the same agenda (should the schedules not coincide, additional meetings beyond
those scoped may be required).
Key Personnel
With more than 120 professionals based in six Southern California offices, we are adept at
mobilizing in -house resources to respond to any environmental needs that arise. ICF Jones &
Stokes has a dedicated team of professionals assigned to this project. We propose to use the
same team for the WPI project to provide continuity among both documents, stay on the same
schedule, and provide economies of scale with the budget. Qualifications for our key personnel
are described briefly below. Full resumes will be provided upon request.
Nicole Williams - Project Manager
Nicole Williams is a committed Senior Consultant who brings 7 years of experience in the
environmental field. Nicole specializes in project coordination and management for environmental
documents including Initial Study Checklists, Negative Declarations, Mitigated Negative
Declarations, and Environmental Impact Reports, required in CEQA projects. Nicole's broad
experience in preparing and managing Initial Study Checklists and Mitigated Negative
Declarations includes the following projects: Alton Court, City of Santa Ana; State Enterprise
Zone, City of Santa Ana; Riverside Park, Los Angeles Department of Recreation and Parks;
Wilmington Greenbelt, Los Angeles Department of Recreation and Parks; and Evans Reservoir,
Riverside Public Utilities Department. Nicole also served as the Assistant Project Manager for
the Wilmington Waterfront EIR on behalf of the Port of Los Angeles.
Chad R. Beckstrom, AICP - Project Director
Chad is a principal of ICF Jones & Stokes, who brings extensive experience working with local
government planning departments and technical expertise in CEQA. Over the past 13 years, his
background In environmental planning and expert working knowledge of CEQA has played a
significant role on projects for a number of local government agencies throughout Southern
California. Chad has managed environmental documents on behalf of other cities throughout
Orange County, including the Cities of Brea, Orange, Santa Ana, Westminster, Irvine, and Lake
Forest. One of the major benefits Chad brings to the team is an astute ability to integrate
environmental laws and regulatory requirements into the CEQA review processes, including the
CWA, Clean Air Act, California Fish and Game Code, NHPA, and others. He has demonstrated
this skill in the more than 100 projects, where he managed the preparation of environmental
documents, including IS /MNDs and EIRs. Chad is a frequent lecturer and instructor for CEQA
classes offered through university extension programs, and he recently organized the "Common
CEQA Pitfalls" workshop in June 2009 through the Orange County American Planning
Association.
FJOT1eS $z
Stokes
An KF tmernetimal Company
City of Newport Beach
August-17,2009
Page 9
Cost
ICF Jones & Stokes proposes to complete the preparation of the IS /(M]ND for the PRES project
for an estimated fee of $34,830. This includes $1,220 for labor associated with the optional SB18
consultation. If an ND is prepared for the PRES project, the MMRP would not be required and the
costs associated with the MMRP would not be incurred, thereby reducing costs by $420.00. A
detailed breakdown of the labor and direct expenses are included on the attached spreadsheets.
Because of our strong desire to work with the City, we have reduced our rates by approximately
10 -15% in order to be more competitive. We also incorporated the efficiencies gained by working
on the PRE$ and WPRI project concurrently into the cost estimates and reduced our hours by
approximately 15% compared to budgeting them separately.
We anticipate an approximately 4 -month schedule for completion of the CEQA processes for the
project. An estimated schedule for both the PRES and WPI projects to proceed concurrently is
shown on the attached figure. This schedule provides assumptions for City review times, and
assumes that the traffic studies will be available at the initiation of the projects.
We look forward to working with the City of Newport Beach on these projects. If you have any
questions, please contact Chad Beckstrom or Nicole Williams at (949) 333 -6600.
Sincerely,
Charles Smith, AICP Chad Beckstrom, AICP
Vice President Principal, Project Director
mw -
ICFJones &
Stokes
.� U CAP"
Table 1. Cost Estimate for PRES General Plan Amendment IS /[MIND
Doe prinW SlVn009 a 18 AM Approval by Finanw I sh ) PRES GPAoicm Cost_091709.xIs
Consulting Staff
Production
Staff
Beckslrom
Bre7nock
Mustain
Robinson
Employee Name
Cha
Nic
Zak. l(am
Ortiz Vic Cooper Kai
Hardie Jim Greene Mi.
Sor
Mar
Bever Mic Chmiel Kar
Project
Project
Envvonmenlal Air Quality Air OUaliy
Noae Norse
GIS end
Cultural
Cultural
Cultural
Project Role
Director
Manager
Analyst
Analyst Analyst
Analyst Analyst
Graphics
Res
Res
Res
ICF Jones &Stakes Lab.
Assoc Consult
Assoc Sr Tatl
Assoc
Assoc
Sr Tech
Mnging
Assoc
Labor
01.1
Task Classi4cal o
Prot Dir
Sr Consult
11
Consult 11 Analyst
Consult 111 Mn Con,ull
Consult 111
Analyst
Consultant
Consult
Subtotal
Edd.r
Subtotal
Total
Expenses
Total Price
1. Prolecl lnitletioNProleu Description
.....
2.Prepem Admin Drab iki WJND - - -- - -- - - - - - - -- -
4: -- ••- -•• -4; 8:
1.-.......-. 1
--- - - - - - -4 i......- 28 •
: : :
.............. q.......... 5........ ... p.......
80 • 32: ,--- „-- 6:-
: :
............................
„- -, - -32 �,-- „,,,,- 4 .
:
w...
,- , - - - -, 9y-
:
.....-....-
_- - - - -12
;
....................
$1,680
......... -.
$19,600
---------
18
$0
..- . -.....
$1,200
51.680
...........
$20,700
2a. SB 10 Cansuila(ion
............................................................................................
......�........--
'--- '--- __ - -•_
__ -_ __..._.. __ _. _... _...............�...........
-. .._ -.. -2 _--
. - -8
$1,220
..........
f0
$t.220
3. Prepare antl Gradate IBfJMM�NO-
..... ........ ...............................
2 :
.......8.1
.......... .. g:-.
...... ............
.2. '
2:
2;
:
:..........
- -.
................
..... ..
4. Prepare Response to Comments enO Final lSlfbl�ND
10:._.........
��w..-
'........2:.
..............
.......................
....42.390
52.990
.......9
$800
........
S. PreJwreMMRP ............ ...............................
8. Attend MeaBn santl Pro'ed Coortlmetion
.........
.........
4:
........
......... i
8:
°--°--°.....
.... -2:.. .. .........w
..........:.. .. °---..;...........
;---- --- ---'
.....................
f......................
:._.___..__
----------- �20
$1,680
.......8
$0
___$S_590
$420
Total hours
19
54
98
36 B
36 4
10
12
2
8
...........
32
..............
.. .....
ICF Jones &Stokes olfing rates
$200
$110
$75
$76 $160
$95 $155
$86
$160
$190
$106
$75
Subtotals
$3,800
$7,040
$7,350
$2,700 $%a
$3,420 $62D
$850
$1,920
$380
$640
$29,880
$2,400
52,400
532,280
Dim” Expenses
523.02 ReprcWclicns (8.5x11 Color = .161page) (8.5x11 B &W = .08/page)
$1,02
523.04 Postage and Delivery
$525
523.05 Travel, Auto. incld. Mileage at current IRS rate (.Wnrsle)
$200
523.07 Surveys and Re oris Hazardous Material Records Search and Cultural Records Search
5800
Direct expense subtotal
$2.55
Total pnce
$34,8210
Doe prinW SlVn009 a 18 AM Approval by Finanw I sh ) PRES GPAoicm Cost_091709.xIs
Task I - Project Initiation/Develop P
ns
Project initiation Meeting with City Staff
Prepare 6i:afi —Project Descriptions
City Review of Draft Project Descriptions
Tas�T.'�'re'p'a"re-Ad-,ministr,afl-v-e —Draft
Prepare Admin Deft ISf[M]NDs MMMMOMMMMI!
City Review of Admin Draft IS/fMjNDs xx
'S ft IS41M)NDs
ICFJ & Revise Ad min Draft ----- --------------
Task are and Circulate Public DraffISI(MINDis and NOls
Prepare Public Draft ISI[M]NDs
Prepare NOls and Post at County Clerk
-io— Day -Public - Re'view-P—eriod ------
Task 4 - Prepare Responses to Comments and Final ISI(M]NDs
Prepare Draft Responses to Comments i low
Prapa�reAdn4in Final l6/[M]NDs
City Review of Admin 'Final ISIMINDs
Revise Final ISI[M)NDs
................
File NODS
Task 5 - Prepare Mingabon Monit6ring Plan
Prepare Admin Draft MMRP -has
City Review W&raft MIMIRP
icr —J&i RWN;iie-MJMRiR---
Task 5 - Attend Meetings and Project CaorAnstion
-Attend Kick -Off Meeting
Project Coordination Meeting(s)
Planning Commission Public Hearing
1tv Council Public Meefina