HomeMy WebLinkAboutC-4940 - PSA for Environmental Analysis for the Koll Center Newport Mixed Use DevelopmentAMENDMENT NO. ONE TO
v PROFESSIONAL SERVICES AGREEMENT WITH
THE PLANNING CENTER / DC&E
FOR ENVIRONMENTAL ANALYSIS
FOR THE KOLL CENTER NEWPORT MIXED USE DEVELOPMENT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. ONE "), is entered into as of this day of May, 2012, by and
between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "),
and THE PLANNING CENTER / DC &E a California corporation whose address is 3
MacArthur Place, Suite 1100, Santa Ana, California 92707 ( "Consultant'), and is made
with reference to the following:
RECITALS:
A. On September 27, 2011, City and Consultant entered into a Professional
Services Agreement ( "Agreement') for environmental review services for the Koll
Center Newport Mixed Use Development ( "Project').
B. City desires to enter into this Amendment No. One to extend the term of the
Agreement to September 5, 2013.
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 September 5, 2013, unless
terminated earlier as provided for in the Agreement.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
One on the dates written below.
APPROVED AS TO FORM:
CITY A OR EY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
CITY OF NEWPORT BEACH,
A California municipal corporation
0
Kimbdrly Brandt, AIE
Community Developalent Director
ATTEST: CONSULTANT: THE PLANNING CENTER
Date: / DC&E, a California corporation
Date: S YA - 17 - 12
By: By:
=9
Leilani I. grown William Halligan
City Clerk Vice President, Environmental Services
Date: -s-— / 7 - /
By:
Keith McCann
Chief Financial Officer
[END OF SIGNATURES]
THE PLANNING CENTER / DC &E Page 2
PROFESSIONAL SERVICES AGREEMENT WITH
THE PLANNING CENTER/DC &E
FOR ENVIRONMENTAL ANALYSIS
FOR THE KOLL CENTER NEWPORT MIXED USE DEVELOPMENT
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this day of September, 2011 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and The Planning
Center /DC &E, a California corporation ( "Consultant'), whose address is 1580 Metro
Drive, Costa Mesa, California 92626 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 Council approved an Integrated Conceptual Development Plan (ICDP) for
the redevelopment of 12.7 acres of land known as Koll Center Newport. The
Consultant will be preparing environmental documents for the applicant that will
analyze the proposed regulatory plan and development agreement intended to
implement the ICDP.
C. City desires to engage Consultant to ensure that the environmental review
process is carried out in accordance with the California Environmental Quality
Act ( "CEQA ") ( "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:
9. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on July 5, 2012 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.1.1 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.
3.2 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 Consultant will be paid by the applicant under a deposit account 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 within Exhibit B and
incorporated herein by reference. Consultant's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subconsultant
fees, shall not exceed Three Hundred Twenty -Nine Thousand Three Hundred
Eighty Dollars and no /100 ($329,380.00) without prior written authorization from City.
No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 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:
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4.3.1 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..
4.3.2 Approved reproduction charges.
4.3.3 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.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated 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.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
Rosalinh Ung, Associate Planner or her designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or her authorized representative shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 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.
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7.1.2 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 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
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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, sub - consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
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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.
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
14.1 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.
14.2 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
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during the term of this contract. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
14.2.1 Consultant shall procure and maintain for the duration of the
contract 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 proposal.
14.3 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.
14.4 Coverage Requirements.
14.4.1 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.
14.4.1.1 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.
14.4.1.2 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.
14.5 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.
14.6 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 accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
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connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements.
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions
14.8.1.1 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, 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.
14.8.1.2 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.
14.8.1.3 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.
14.8.1.4 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.
14.9 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.
14.10 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-
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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
17.1 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.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted version of
Microsoft Word, Excel or portable document format (.pdf).
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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 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.
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25. CONFLICTS OF INTEREST
25.1 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.
25.2 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
26.1 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:
Attention: Rosalinh Ung, Associate Planner
Community Development Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3208
Fax: 949 - 644 -3229
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attention: JoAnn Hadfield
The Planning Center /DC &E
1580 Metro Drive
Costa Mesa, CA 92626
Phone: 714 - 966 -9220
Fax: 714 - 966 -9221
27. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in this Agreement, the Consultant shall be required to file any
claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
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28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 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.
29. STANDARD PROVISIONS
29.1 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.
29.2 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.
29.3 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.
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29.4 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.
29.5 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.
29.6 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.
29.7 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.
29.8 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.
29.9 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.
29.90 No Attorney's Fees
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorney's fees.
29.99 Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE F E CITY ATTORNEY
Date:
By.
Leo in Mulvihill
Assistant City Attorney
ATTEST: 1fi
Date:
By:� �.
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Michael F. Henn
Mayor
CONSULTANT: THE PLANNING CENTER,..
a California corporation
Date: G`ILJn) 1
By:
William Halligan
Vice President. Environmenta rvices
Date: °r Z J I
By: c Keith McCann
McCann
Chief Financial Officer
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
The Planning Center -Koll Page 13
Exhibit "A"
The Planning Center -Koll Page 14
5s Scope of Work
CEQA TASKS
The Koll Center Newport EIR will meet all the requirements set forth in the
California Environmental Quality Act (Public Resources Code 21000 et seq.)
and the State CEQA Guidelines (California Code of Regulations, Section 1 5000
et seq), Specific tasks are as follows:
Task 1 Project Initiation /Kickoff Meeting
This task will include:
+ Data Collection and Review - we will review available materials, including
reports prepared for the Uptown Newport Village project.
+ Site Visit - we will conduct a site visit and take photos of the site and
surrounding areas.
+ Kick -off meeting - Our Project Manager, Assistant Project Manager, and
representatives from each of our technical consultants will attend a project
kickoff meeting at the City to discuss the proposed project and confirm the
project approach, scope, and schedule. This discussion should include
known issues and opportunities as observed by City planning staff and the
consultant team.
Task 2 Initial Study Review /Notice of Preparation
Initial Study
The Initial Study will include a comprehensive project description and analyze
each topical area of the CEQA Appendix G checklist, plus Energy, as follows.
• Aesthetics
• Agriculture /Forest Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Geology /Soils
• Greenhouse Gases
• Hazards /Hazardous Materials
• Hydrology/Water Quality
• Land Use & Planning
• Mineral Resources
• Noise
• Population & Housing
• Public Services
• Recreation
• Transportation/Traffic
• Utilities and Service Systems
• Energy (CEQA Guidelines Appendix F)
Findings will be clearly substantiated for each checklist question to conclude
that impacts are less than significant or less than significant as mitigated. At
this time it is anticipated that the only CEQA topic that will be eliminated from
further review (and not carried through to the EIR) will be Agricultural /Forest
Resources and Mineral Resources.
THE PIANNMG CENTER I DC &E - PROPOSAL: PREPARAFION OF AN E!4 =cR'rHE KOLL CENTER NEWPCP1 'VI IXED -USE_ DEV'ELOPM NT 11
Notice of Preparation
The Planning Center will prepare the draft Notice of Preparation and submit it
for review and approval by the City. After City approval of the NOP, The
Planning Center will copy and distribute the NOP and Initial Study to state
and local agencies, surrounding property owners, and other special interest
groups or individuals identified by the City. The NOP will clearly identify the
time period, contact person, and address established for submitting
responses.
Deliverable(s):
— 2 hard copies and 1 electronic copy of the Draft NOP /Initial Study
— Up to 50 hard copies of the NOP /IS for distribution
— Certified mailing to agencies and general public
— Certified mailing to State Clearinghouse for circulation to state
agencies
Task 3 Public Scoping Meeting
The Planning Center will assist the City in organizing and conducting one
public scoping meeting to present the preliminary environmental impacts of
the proposed project and to solicit comments regarding the scope and
content of the environmental issues to be addressed in the EIR. At the
meeting, we will be prepared to discuss the environmental review process
and to answer specific questions, as desired by the City. It is recommended
that the scoping meeting be held as soon as possible after the release of the
NOP, so public concerns about environmental issues can be identified.
Deliverable(s):
— Preparation and participation at scoping meeting
— Scoping meeting agendas and record of comments
— Public handouts of CEQA flow chart, exhibits, PowerPoint slides,
questionnaires (up to 50 copies)
Task 4 Administrative Draft EIR I and II (ADEIR I & ID
Prior to preparation of the ADEIR, we will submit a comprehensive project
description and EIR outline for review and approval by the City. A project -
level EIR will be prepared and include the following sections in accordance
with the CEQA Guidelines:
• Executive Summary
• Introduction
• Project Description
• Environmental Setting
• Discussion of Existing Conditions,
Environmental Impacts, and Mitigation
Measures
• Cumulative Impacts
• Consideration of Significant Effects
• Project Alternatives
• Organizations and Persons Consulted
• Other CEQA - Mandated Sections
12 PLANINWG IS THINKING AND DOING S ;WETHING ABOUT THE FUTURE NOW. LPs C0LLAi30'RA'.E.
o. Scope of Work
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 (thresholds), (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
conservative scenario approach will be followed for all analyses included in
the EIR.
As indicated above, it is anticipated that all CEQA topical sections with the
exception of Agricultural /Forest Resources and Mineral Resources will be
carried through and included in the ADEIR. Analysis and findings of technical
studies will be incorporated into the EIR. Technical study scopes are described
under Technical Studies. Complete technical studies (for stand -alone reports)
and supporting modeling information (Air Quality, Noise, GHG inventory) will
be included in the EIR appendices.
As required by the City of Newport Beach, the ADEIR will include the analysis
of General Plan policies as applicable to the proposed project in the Land Use
and Planning section.
Consideration of Significant Effects: As required by CEQA, the EIR will
identify and focus on the significant effects of the project, and include the
following discussions as required by CEQA Guidelines Section 15126.2:
• Effects Not Found to be Significant
• Significant Unavoidable Impacts
• Significant Irreversible Changes
• Growth- Inducing Impacts
Alternatives to the Proposed Project: Alternatives to the proposed project
will be defined and analyzed in compliance with Section 15126.6 of the CEQA
Guidelines and with consultation with City staff. 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.
Analyses of up to three alternatives, including the "No Project," will be
conducted. As designed to reduce or eliminate any significant impacts,
alternatives may include construction phasing alternatives, land use
modifications, and depending upon the timing of the Uptown Newport
Village project, may be structured to include alternatives that also address
alternatives to that project. Alternatives that were considered but eliminated
from further consideration will also be documented. The environmentally
superior alternative will be identified; if it is either No- Project Alternative, then
one of the development alternatives will be identified as environmentally
superior to the others.
THE PLANNING CENTER I DUE I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT c41XED -USE DE'VELOPMENi 13
Our scope of work includes two round of review of the ADEIR.
Deliverable(s):
— 2 hard copies and 1 electronic copy of Draft Project Description and
EIR Outline
— Up to 8 hard copies with technical appendices on CDs of ADEIR I
— Up to 8 hard copies with technical appendices on CDs of ADEIR II
Task 5 Preprint and Draft Environmental Impact Report (DEIR)
The Planning CenterlDC &E will incorporate City comments on the two round
of review of the ADEIR. Upon approval of the second set of revisions, we will
forward the Preprint Draft EIR for final review before publication. Upon
approval we will prepare the Notice of Completion (NOC) for City approval
and signature. We will also prepare the Notice of Availability (NOA) for City
approval for distribution by the City and publish and distribute the DER per
the mailing list to be developed in consultation with the City.
Deliverable(s):
— Up to 21hard copies with technical appendices on CDs of the Preprint
Draft EIR
— Up to 50 hard copies with technical appendices on CD of the Draft
EIR
— Preparation of the NOA and NOC
— Certified mailing of up to 50 copies of the Draft EIR to recipients on
the approved distribution list and State Clearinghouse
— 1 copy of the Draft EIR in an acceptable web - friendly format for the
City's website
— 1 hard copy of all technical reports
Task 6 Final EIR - Response to Comments /Errata
Response to Comments received on the Draft EIR will be prepared in
accordance with CEQA Guidelines Section 15089. Following receipt of all
comments on the Draft EIR, written responses will be prepared for each
comment. A Response to Comments section will be created for the Final EIR
and will contain an introduction describing the public review process for the
Draft EIR, copies of all comment letters and minutes from public meetings
where oral comments were taken, and written responses to all comments.
Responses will focus on comments that address the adequacy of the Draft EIR.
Comments that 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 CenterJDC &E with input from our
technical specialists, as needed.
As noted in the RFP, an estimate of up to 100 hours of professional time to
respond to comments has been included (including subconsultant hours).
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. Modification to the scope of
work, budget, and time frame may be necessary if comments received from
14 FIANNINuG, IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW LET'S COI LAEORA'i E.
5. ope of Work
agencies or the general public require substantially increasing the scope of
impacts and issues addressed in the EIR.
The Final EIR will also include any revisions, updates, or corrections needed to
respond to comments or address minor errors in the Draft EIR.
The Planning Center will revise the Responses to Comments based on
revisions provided by the City. Responses to Comments from responsible
agencies will be distributed a minimum of 10 days prior to consideration of
the Final EIR by the City Council.
Deliverable(s):
— Up to 50 hard copies of the Final EIR - Response to Comments /Errata
— Distribution of the Response to Comments to Commenting Agencies
— 2 hard copies of the Final EIR (Draft EIR, Response to
Comments /Errata, and Technical Appendices [on CD1). MMRP as
described belowto be included in this deliverable
Task 7 Mitigation Monitoring and Reporting Program
An MMRP will be prepared, pursuant to Section 21081.6 of the Public
Resources Code. It will be presented in standard City format and will 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.
Deliverable(s):
— 2 hard copies and 1 electronic copy of MMRP
Task 8 Findings of Fact and Statement of Overriding Considerations and
NOD
The Findings of Fact will be prepared consistent with the requirements of
CEQA. The draft Findings of Fact and MMRP will be distributed to the City for
review and comment. If required, we will prepare a Statement of Overriding
Considerations (SOC) for the project, consistent with the requirements of
CEQA.
Notice of Determination: A draft Notice of Determination (NOD) will be
prepared for review by the City. After the City takes action certifying the Final
EIR and approving the project, the NOD will be filed with the Office of
Planning and Research (OPR) and the Orange County Clerk. The Planning
CenterJDC &E will prepare and file the CDFG fee.
Deliverable(s):
— 2 hard copies and 1 electronic copy of the Draft Findings of Fact and
Statement of Overriding Considerations
— Notice of Determination and CDFG filing
— 1 set of compact discs of the Notices, Initial Study, Final EIR and
Findings of Fact in Word and appendices
THE PLANNING CENTERI DUE I PROPOSAL: PREPARA'riON OF AN EIR FOR THE KOLL CENTER NE VPORT MIX €D.USE DEVELoPMEPdr 15
Task 9 Meetings /Public Hearings
In accordance with the RFP, our scope of work includes our attendance at the
following meetings and public hearings:
The Planning CenterlDC &E
+ Kickoff meeting — Attendance by our PM, Asst. PM, and AQ /Noise specialist
(cost included in Task 1)
+ Up to 6 additional City staff /team coordination meetings (PM and either
Asst PM or AQ /Noise specialist)
+ 1 Public Scoping Meeting (PM and Asst. PM, cost included in Task 3)
+ 2 Public Meetings (PM and AQ /Noise specialist)
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.
Subconsultant Meeting Attendance
The scope of work for each of our technical subconsultants is detailed in the
following section. For clarity, however, the assumed meetings /hearings for
each subconsultant are as follows:
• Cadre Environmental (biological resources): Kick -off meeting, 1 City staff
coordination meeting, and 2 public meetings (JOANN TO CLARIFY)
• Cogstone Resource Management (cultural resources): Kick -off meeting
• LGC Geotechnical (geotechnical /soils resources): Kick -off meeting, 2 City
staff coordination meetings, and 2 public meetings
• Hall & Foreman (civil engineering /hydrology, WQMP, water and sewer,
grading) — Kickoff meeting, 3 City staff coordination meetings, 2 public
meetings
• Kimley Horn (transportation /traffic): Kick -off meeting, public scoping
meeting, 5 City staff coordination meetings (combined Koll Center /Uptown
Village meetings), 2 public meetings.
Task 10Project Management
The Planning Center will coordinate closely with the City to ensure that the
EIR and associated documents are legally defensible, accurate, and useful to
decision makers when considering the approval of the project. Project
management responsibilities include: task scheduling and assignment;
management of resources; monitoring of costs and schedule adherence;
management and coordination of subconsultants, including contract
administration and accounting; consultation and coordination with local and
state entities relative to the environmental review process; and coordination
and communications with the City's project team to ensure compliance with
policies, procedures, and any applicable codes. This task also includes the
activities detailed under Section 4, Coordination. This task is based on an
:6 FLAN ING IS MINKiNG AND DOING SOMETHNG ABOUTTFE FU UPE P!0'rV. L_TS GOLLABOP.A. E.
5. Scnpe Uf Work
estimated hours /week for the estimated schedule in this proposal for the
Project Manager and Assistant Project Manager. If this schedule is extended
beyond the control of The Planning CenterIDC &E, a budget augment may be
requested forthis task.
TECHNICAL STUDIES
The following technical studies are all required to support preparation of the
Program EIR. We have categorized the studies by those to be prepared by The
Planning Center I DC &E and by subconsultants to our firm. Per the direction of
the City we have identified those studies for which the applicant will have the
option to retain the consultant directly. As such these studies are identified as
"optional:' The Cost Estimate provides detailed costs and subtotals for the
technical studies with and without the optional studies.
THE PLANNING CENTER IDUE
Air Quality Analysis
We will prepare an air quality analysis for construction and operational
activities associated with the Koll Center Newport. The air quality analysis will
be based on the current methodology of the South Coast Air Quality
Management District (SCAQMD) for projects within the South Coast Air Basin
(SoCAB), and modeling files will be included as an appendix to the EIR. The air
quality analysis will provide an estimate of short -term and long -term criteria
air pollutant emissions using SCAQMD's most recent computer model,
CaIEEMod. Criteria air pollutant emissions will be compared to the SCAQMD's
regional significance thresholds for the project's construction and operational
phases. Average daily trip generation provided by Kimley -Horn Associates will
be incorporated into the CalEEMOd program for the project's operational
phase. The construction phase regional emissions inventory will be based on
the construction phasing and schedule, preliminary equipment list,
demolition volumes, and soil export for remediation activities developed for
the Koll Center Newport provided by the Koll Company. Localized air
pollution impacts from construction equipment exhaust and fugitive dust will
be compared to SCAQMD's screening -level localized significance thresholds
(LST) for their potential to elevate concentrations of air pollutants at the
adjacent residential areas surrounding the project site. Consistency of the
project's regional emissions will also be evaluated against the SCAQMD Air
Quality Management Plan. Mitigation measures that reduce impacts will be
identified, as necessary.
Deliverable(s):
— Air Quality Analysis, to be included as an appendix to the EIR
Health Risk Assessment (optional)
The California Air Resources Board (CARB) and the California Air Pollution
Control Officer's Association (CAPCOA) have adopted guidelines for siting
new sensitive receptors near major sources of pollution, including high
volume roadways and industrial land uses. The project site is within 1,000 feet
of several major sources of toxic air contaminants. Based on a review of data
THE PLANNING CENTER IDUE I PROPOSAL: PREPAR.Ar o.1 OF AN EIR FC-R THE KLL CENTER NEWPORT' M!XED -USE DEVELOPMENT 17
obtained through SCAQMD's Facility Information Database (FIND), the
proposed project would be adjacent to Jazz Semiconductor, Inc. Pursuant to
recent comment letters submitted on environmental documents by
SCAQMD, a health risk assessment (HRA) will be conducted for the project to
determine if onsite sensitive receptors would be exposed to excessive
concentrations of toxic air contaminants. The HRA will assess emissions from
that facility and any other potentially significant facilities. The HRA will be
conducted in accordance with agency recommended protocols. The HRA will
describe potential impacts (cancer risk, chronic health risk, and /or acute heath
risk) from proximity to major stationary sources within 1,000 feet of the
residential buildings and outdoor recreational areas. Mitigation measures will
be incorporated as necessary.
Deliverable(s):
— Health Risk Assessment, to be included as an appendix to the EIR
Greenhouse Gas Emissions Analysis
Pursuant to the recently revised CEQA Guidelines (effective March 18, 2010)
and the latest methodology proposed by SCAQMD, the Planning
CenterlDC &E will quantify project - related GHG emissions using SCAQMD's
CaIEEMod program. CaIEEMod calculates GHG emissions from transportation
sources, area sources (landscaping fuel, architectural coatings, consumer
products), energy sources (natural gas consumption, energy use), water and
wastewater, waste, and vegetation. In addition, total GHG emissions from
construction activities will be amortized into the project GHG emissions
inventory.
The GHG analysis will also discuss potential global climate change. impacts,
the effects of GHG emissions, and history of GHG emissions regulation in
California. SCAQMD's new CalEEMod program calculates GHG emissions
reductions from recently adopted programs and regulations, including
improvements in fuel efficiency, state building code energy efficiency, and
landscaping water efficiency. Project consistency with statewide GHG
emissions reduction strategies (CARB Scoping Plan) and measures taken by
the City to reduce GHG identified in the Koll Center Newport and City of
Newport Beach General Plan will also be reviewed. Mitigation measures will
be incorporated, as necessary, to reduce potentially significant impacts of the
project.
Deliverable(s):
— Greenhouse Gas Emissions Analysis, to be included as an appendix to
the EIR
Noise and Vibration Analysis
We will prepare a noise and vibration analysis for construction and
operational activities associated with the Koll Center Newport. The noise
analysis will be consistent with the noise standards and criteria of the City of
Newport Beach and State of California, including the City of Newport Beach
Municipal Code and General Plan and State Building Code.
8 PLAWNINC IS THIPIWIG AND DOING SWAP NC ABOUT THE FUTURE NOW. LET'S COLLABORATE.
5. Scope of Work
Noise levels within the vicinity of the project site are characteristic of an urban
area. The primary sources of noise in the project vicinity are traffic on Von
Karman Avenue and Birch Street. In addition, while the project site is not
under the direct flight path for aircraft at the John Wayne Airport, noise from
aircraft activities are audible onsite. However, the Koll Center Newport is
outside of the 60 dBA CNEL noise contour for the airport. To document traffic
noise levels within the vicinity of the Koll Center Newport, traffic noise
modeling will be based on the Federal Highway Administration's (FHWA)
Traffic Noise Model and average daily roadway volumes provided by Kimley
Horn Associates. Short-term noise monitoring will be conducted during the
traffic peak hours to obtain average noise levels in the project area and
confirm modeling results. Changes in ambient traffic noise levels at buildout
of the project and from cumulative growth in the region will be analyzed to
determine if the project - related traffic significantly increases the ambient
noise environment or contributes to significant cumulative noise increases.
The noise analysis will also describe changes in the noise environment
generated by conversion of existing land uses. Noise impacts from non -
transportation noise sources will be based on the noise limits of the City of
Newport Beach's Municipal Code.
The State Building Code requires that interior noise levels achieve a limit of 45
dBA CNEL. The noise analysis will assess noise compatibility based on the
City's noise compatibility criteria of 65 dBA CNEL and state's interior noise
standard of 45 dBA CNEL.
The noise analysis will provide an estimate of short-term noise and vibration
levels associated with construction activities. The level of significance will be
based on the magnitude of noise and vibration generated at adjacent noise -
sensitive receptors and the length of construction activities. Mitigation
measures that reduce construction impacts will be identified, as necessary.
Deliverable(s):
— Noise Analysis, to be included as an appendix to the EIR
Phase I Environmental Site Assessment (optional)
The Planning CenterlDC &E will complete a modified Phase I Environmental
Site Assessment (ESA) in general accordance with the Environmental
Protection Agency (EPA) Standards and Practices for All Appropriate Inquiries
(40CFR 312) and most recent version of the ASTM Standards on
Environmental Site Assessment Process (ASTM Designation E- 1527 -05). The
Planning CenterlDC &E will review agency lists used to identify "hazardous
waste" properties, contact regulatory agencies, research sources of historical
information (e.g., fire insurance maps, city /county directories), procure and
evaluate historical aerial photographs, conduct an inspection of the project
site and vicinity, and interview individuals knowledgeable about the project
site and its history. (Note: The Phase I is modified due to the number of
buildings and multiple operators. Separate interviews with each tenant are
not included in this scope. The Planning CenterlDC &E has assumed that
access to the project site will be arranged by City of Newport Beach. If this is
not possible, it will be addressed in the limitations section of our report, as
THE PLANNING CENTER I DUE I PROPOSAL: PREPARATION OF AN EIR FOR "rHE KOLA CENTER rZWPORT (MIXED -USE DEVELOPMENT 19
explained below.) We will obtain Sanborn fire insurance maps (if available),
historical aerial photographs, and a City /County Directory search.
The results of the above - described activities will be documented in a Phase I
report that will feature a project site location map, property and surrounding
land use map, project site inspection photographs, regulatory records
documentation, and appropriate conclusions and recommendations
regarding any identified recognized environmental conditions (RECs). The
ASTM Standard requires disclosure in the Phase I report as to whether the
user of the report has specialized knowledge about previous ownership or
uses of the property that may be material to identifying RECs, or whether the
user has determined that the property's Title contains environmental liens or
other information related to environmental condition of the property,
including engineering and institutional controls and Activity and Use
Limitations, as defined by ASTM. In addition, we are required to inquire
whether the user of the report has prior knowledge that the price of the
property has been reduced for environmental reasons. We request that you
provide this information to us for inclusion in our report. No subsurface
explorations or chemical testing of soils or groundwater will be performed
during this assessment.
Lead and asbestos surveys are not part of this scope of services; however,
recommendations regarding these potential environmental issues will be
included in the Phase I ESA report. No subsurface explorations or chemical
testing of soils or groundwater will be performed during this assessment.
Therefore, our conclusions regarding the evidence of RECs will be based on
observations of existing visible conditions and on our interpretation of site
history and site usage information. The final report will be signed and
stamped by a state - certified Registered Environmental Assessor II,
Professional Geologist, and /or Professional Engineer.
Deliverable(s):
— Phase I ESA, to be included as an appendix to the EIR
Shade /Shadow Analysis
The Planning CenterlDC &E will provide a shade /shadow analysis in support of
an EIR. The Koll Center Newport analysis will be coordinated with the analysis
that will be provided for the Uptown Newport Village project to assess
cumulative project impacts. Shadow effects are dependent upon several
factors, including the local topography, the height and bulk of the project's
structural elements, sensitivity of adjacent land uses, season, and duration of
shadow projection. Shade /shadow analysis will include review of the
description of the proposed project, project site, and surrounding area. Upon
identifying shadow- sensitive uses in the area, such as the existing office
buildings and usable open space, the projection and coverage of shadows
cast by proposed buildings will be simulated for the solstices and equinox for
morning, noon, and afternoon hours. This simulation assumes a general mass
modeling of the building structures on existing topographic conditions and
does not include any architectural detailing or landscaping.
20 FLANS11P:G IS TtiIN'.✓.ING AND DOING SOMETHING ABOU! THE FUTURE NOW. LEUS COLLAEORA ?E.
5. Scope of Work
Deliverable(s):
— Shade /Shadow Analysis, to be included as exhibits in the EIR
SUBCONSULTANT TECHNICAL STUDIES
The meeting and hearing attendance for technical subconsultants is detailed
under CEQA Tasks, Task 9.
The EIR will incorporate the findings of the following studies to be prepared
by our subconsultants. Copies of these reports will be included in their
entirety in the EIR appendices.
Biological Resources Assessment and Documentation
Cadre Environmental will prepare a biological resources assessment in
support of an EIR. The following tasks will be conducted in a collective effort
to characterize existing biological conditions, determine the
presence /absence of sensitive natural resources, and develop
documentation.
Biological Resources Assessment
Literature Review. An updated review of the current California Department
of Fish and Game Natural Diversity Database, California Native Plant Society's
Electronic Inventory of Rare and Endangered Vascular Plants of California, and
United States Fish and Wildlife Service sensitive species and critical habitat
databases will be conducted prior to initiating field investigations in order to
identify any potential threatened or endangered species and critical habitats
known to exist within and /or adjacent to the project site.
Habitat Assessment. Cadre Environmental will conduct a habitat assessment
of the project site to identify and map all potential nesting bird habitat. As
noted in the Initial Study prepared for the adjacent Uptown Newport Village
project and conducted by PBS&J in 2010, "Potentially Significant Impacts"
may occur to sensitive /migratory nesting and roosting birds as a result of
project - related impacts to existing trees. Therefore, based on the immediate
proximity and similar constraints of the projects, all potential nesting bird
habitat including the existing pond, will be classified and mapped using a
GPS, and the findings will be incorporated into a Geographic Information
System (GIS) for use during further environmental compliance /engineering
analyses (State Plane NAD83, Zone I I — feet). All common and sensitive bird
species observed during the initial habitat assessment will be
documented /mapped as discussed below and addressed in the Biological
Technical Report. Target species and potential constraints include but are not
limited to:
Direct /Indirect Impacts to Sensitive Nesting /Roosting Birds
Direct /Indirect Impacts to Migratory Nesting /Roosting Birds
Sensitive /Migratory Bird Species Surveys. Based on a review of the Initial
Study prepared for the adjacent Uptown Newport Village project site and
known sensitive bird species occurrences within the region, focused surveys
for resident and migratory bird species are, recommended. Specifically, the
THE PLANNING CENTER I DUE I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER N_'HPO T ir.I ED-USE DEVELOFPME'li 21
surveys will focus on characterizing species richness, habitat use (foraging,
roosting, and /or nesting), and estimated population numbers within the
project site. Cadre Environmental recommends that surveys be conducted
during the non - breeding and breeding seasons to credibly characterize
habitat usage. At least one comprehensive survey of all natural habitats (trees
and existing pond) located within and adjacent to the project site should be
conducted between September 1 stto January 31st and between January 31st
to August 31 st)based on climatic conditions that provide for the detection of
all species present.
The location of all sensitive /migratory bird observations, territories, and
breeding status, including incidental observations of common species, will be
mapped and illustrated in the Biological Technical Report. The report will
include a description of survey methodology, vegetation communities (trees)
documented onsite (including table of acreages), survey results indicating
location of all sensitive species documented onsite, compendia of all
common wildlife species documented onsite, and discussion of the existing
baseline bird population conditions (number of pairs, extent of territories,
breeding status, etc.). This report will be prepared according to accepted
scientific and technical standards and all other pertinent reviewing agencies
and organizations. To the extent possible within an inherently technical
discipline, report language will be designed for understanding by the lay
reader.
Documentation (Biological Technical Report)
Draft Biological Technical Report. A Biological Technical Report (including
supporting graphics) for use in the preparation of an EIR will be prepared
pursuant to the requirements of CEQA, California Public Resources Code
Sections 21000 et sec, CEQA guidelines, Title 14, California Code of
Regulations 15000 et seq, and the City of Newport Beach's CEQA procedures.
Specifically, text sections will include a discussion of the environmental
setting (vegetation communities, general and sensitive floral /faunal species
habitats, trees), significant direct /indirect and cumulative impacts, and
associated mitigation measures proposed to reduce impacts.
Response to Comments. Response to comments received during the
public /agency circulation of the Draft EIR (DEIR) will be prepared for all
biological resource issues. Responses will also be prepared for verbal
comments received during public hearings.
Draft /Final EIR Review. All biological sections (including supporting
graphics) for a Final EIR will be updated based on public and agency edits and
comments received during the review process. Specifically, three drafts will
be reviewed and updated —DEIRs 1 & 2, and Pre -Print Review of DEIR.
Deliverable(s):
— Biological Technical Report, to be included as an appendix to the EIR
Cultural Resources Assessment
Cogstone will prepare a cultural resources assessment in support of an EIR.
Cultural resources under CEQA include paleontological, archaeological, and
22 PLANP1ING IS nN HMNG.A"ND DOING SOMETFfNG ABOUT THE FUTURE NO',Y. LEPS COLLAEORAT_.
5. Scope of fork
historical resources. Cogstone will prepare a literature study to determine the
existence of previously recorded cultural resources within the project
boundaries plus a one -mile radius. Records pertaining to paleontology will be
searched at the Natural History Museum of Los Angeles County and in
published sources. Records pertaining to archaeology and history will be
searched at the South Central Coastal Information Center. The local historical
society and archives will be contacted for any additional information. A record
search for sacred lands will be requested from the Native American Heritage
Commission. In addition, we will send subsequent letters to all Native
Americans the Commission recommends be contacted.
Background research is required in order to provide context. The cultural
resources technical reportwill include regulatory environmental, background,
and all results. In addition, project - specific management recommendations
will be provided.
Deliverable(s):
— Cultural Resources Technical Report, to be included as an appendix
to the EIR
Geotechnical Evaluation (optional)
LGC Geotechnical, Inc. (LGC) will prepare a limited geotechnical evaluation in
support of an EIR.
Scope of Geotechnical Services
LGC. will conduct a limited subsurface evaluation to provide an overview of
the onsite geotechnical characteristics and to identify potential geotechnical
constraints to site development. Since no engineering plans are available at
this time, the subsurface work will be conducted so as to provide a
generalized assessment of the site based on preliminary site plans included in
the RFP.
The following is a list of proposed services:
• Review readily available geotechnical information pertinent to the site.
• Obtain boring permits form the County of Orange.
• Reconnaissance site visit and Underground Service Alert (USA) boring
mark -out.
• Drill a total of three hollow stem - borings, one to a depth of 50 feet below
existing surface and two to 25 feet below existing surface. A geologist or
engineer will be onsite to direct drilling operations, collect samples, and log
the geotechnical borings. Borings will be backfilled with slurry upon
completion.
• Perform laboratory testing on representative soil samples obtained during
subsurface drilling.
• Based on the information obtained, we will prepare a summary report
which will serve as the Geotechnical Investigation section of the project EIR.
THE PLAWNG CENTER I DC &E I PROPOSAL: PREPARAT Orl OF AN EIR FOR THE MOLL CENTER NEWYORI 1,VXED -USE DEVELOPNIsN1 23
Our report will discuss the feasibility of development of the site with
respect to the onsite geotechnical conditions. Potential geotechnical
constraints will be mentioned along with generalized discussion of how
these constraints may be mitigated. Specifically, our report will include a
discussion of the following:
— Regional geologic discussion and the general geologic
characteristics of the onsite soils
— Presence /absence of faults
— Seismicity
— Presence /absence of groundwater
— Collapse potential
— Expansion potential
— Static settlement potential
— Liquefaction and seismic settlement potential
— Preliminary foundation type
Please note that at this time the scope of the limited geotechnical evaluation
will only address the geotechnical issues that would allow us to complete the
CEQA Guidelines checklist. It does not address specific geotechnical
constraints related to actual construction. Additional subsurface evaluation
will be required once engineering plans are available for the subject
development.
Assumptions
Our scope and costs are based on the following assumptions:
I. A set of preliminary plans will be made available in AutoCAD format for
use as a base map in our report.
2. The site is open during weekdays, has sufficient overhead clearance, and
is easily accessible with a conventional truck - mounted drill rig.
3. The proposed buildings will be constructed from relatively lightweight
construction materials (e.g., wood frame and stucco, or steel frame and
metal sheeting) and thus, the foundation loads will be relatively light.
4. If obvious contaminants or signs of pollution are found during the course
of the investigation, additional costs may be incurred to dispose of the
contaminated soils and to properly backfill and seal the excavations.
If any of these assumptions are invalid, LGC's fees will be adjusted
accordingly.
Deliverable(s):
— Preliminary Geotechnical Evaluation Report, to be included as an
appendix to the EIR
24 PLANNING IS THIRKING AND DOING SOMETHING ABOUT THE PU'rU?E NOW. LETS COLUZOR,4TE.
5. Scope of Work
Hydrology /Hydraulic Analysis, Water Quality Management Plan, Water
and Sewer Analysis, and Grading and Drainage Plan (optional)
Hall & Foreman (H &F) will prepare a preliminary hydrology analysis,
conceptual water quality management plan, preliminary water and sewer
analysis, and conceptual grading and drainage plan in support of an EIR. The
following scope of work is anticipated to be required for the preparation of
this technical document.
Prepare Site Topography /Project Base Map for the Koll Center
Newport. H &F will set aerial survey control targets and perform an aerial
topographic survey of the Koll site. H &F will then prepare a 1 " =50' scale,
1 -foot contour interval, topographic map of the Koll Center Newport. The
base map will include the topographic survey together with a site
boundary compiled from record information.
2. Prepare Conceptual Grading /Drainage Plan for the Koll Center
Newport, based upon requirements of the City of Newport Beach and
project team input, with a goal of minimizing import /export of soil. The
grading plan will show roadway gradients, spot elevations, and pad
elevations. H &F will perform basic cut /fill quantity takeoffs, including an
estimate of remedial grading quantities based on the preliminary soils
report for the project site, to be supplied by others.
3. Prepare a Preliminary Hydrology /Hydraulics Study for the Koll Center
Newport. H &F will review plans of the existing drainage system serving
the site, including storm drain as- builts and prior drainage reports and
calculations. Ascertain system capacities and constraints. Lay out a
proposed drainage system based on the Preliminary Grading Plan.
Prepare preliminary drainage calculations to estimate runoff volumes and
rates. Estimate size of pipes, catch basins, and drainage basins required.
Include consideration for water quality features. Compile data and
prepare a brief drainage report.
4. Prepare a Preliminary Water and Sewer Analysis for the Koll Center
Newport. H &F will contact utility purveyors to update information
previously gathered by consultant for the Uptown Newport Village site.
Based on anticipated dwelling unit counts and building sizes, H &F will
estimate the demands for sewer and water. H &F will perform an analysis
of the existing systems to ascertain whether there will be issues with
capacity to serve the project and also identify potential required offsite
system improvements.
Prepare a Preliminary Water Quality Management Plan (WQMP) for
the Koll Center Newport. This document will be prepared in accordance
with the County of Orange /City of Newport Beach WQMP Guidelines
under the Municipal Separate Sewer Stormwater System (MS4) permit.
WQMP preparation will utilize information provided by the client and
consultant team, including but not limited to overall site plan,
architectural plans, grading plans, storm drain plans, drainage/
hydrology/ hydraulic studies, geotechnical information as well as other
related permitting information.
THE PLANNING CENTER DUE I PROPOSAL: PREPARA ioN OF AN EIR. FOR THE KCLL CENTER NEWPORT iMIXED -USE CEVELOP011Ef I 25
Deliverable(s):
— Preliminary Hydrology /Hydraulics Study, Preliminary Water and
Sewer Analysis, and Preliminary WQMP, to be included as
appendices to the EIR
— Grading and Drainage Plan, to be included as exhibits in the EIR
Traffic Impact Analysis
Kimley -Horn and Associates, Inc. (KHA), will prepare a traffic impact analysis in
support of the EIR. The following scope of work is anticipated to be required
for the preparation of this technical document.
Scope of Services
1. KHA will participate in a project kick -off meeting with the project team
and City staff.
2. Obtain information from the project team regarding the existing and
proposed site uses, including land use and quantity of existing
development; and size, quantity, and layout of the proposed
development plan.
3. Conduct a site visit of the project area and document existing roadway
conditions on the roadways surrounding the project site.
4. Meet with City of Irvine representatives to introduce the project and to
discuss traffic study issues and requirements in the City of Irvine. All
subsequent tasks in this preliminary scope reflect our assumptions of the
study elements that will be needed to address Irvine issues. If different or
additional requirements are imposed after meeting with the City of
Irvine, appropriate adjustments to the scope, schedule, and fee will be
made accordingly.
5. Develop project trip generation estimates for the proposed project using
the Institute of Transportation Engineers (ITE) Trip Generation publication
(8th edition). Trip generation estimates will include the appropriate trip
credit for existing site uses that will be removed.
6. Develop trip distribution assumptions for the project traffic, based on
likely origins and destinations of project patrons, employees, and
residents. Input from the project applicant will be solicited for this task.
Project traffic will be distributed through the study intersections, and the
project traffic contribution to each intersection will be identified.
7. Project trip generation and trip distribution assumptions and analysis
methodology will be presented to City staff for review and concurrence
prior to proceeding with the analysis phase of the study.
B. Obtain TPO Committed Project information, including project trip
generation and distribution, from the City of Newport Beach. Where
necessary, develop trip distribution and assignment assumptions for
each committed project through the study intersections.
26 PLANNING IS THINKING AND DOING SOMETHiNG ABOLT l'HE FL'TLIIRE iN(rN. LEI'S GOLLABOriATE.
5. SCCpe of Wwk
9. Obtain cumulative project information from the City of Newport Beach
and the City of Irvine. Develop trip distribution and assignment
assumptions for each cumulative project through the study intersections.
The Uptown Newport Village project will be included in the cumulative
project list for the Koll Center Newport.
10. Compile committed and cumulative project traffic volumes through all
study intersections.
11. Conduct a preliminary analysis to determine the extent of the traffic
study area, based on the City of Newport Beach TPO 1% analysis and
applicable environmental impact criteria. The following remaining tasks
will apply only to the study intersections that meet the 1 % criteria.
12. For budgeting purposes, it is assumed the study intersections will be
consistent, the same study intersections included in the draft traffic
study. The study intersections include a total of 43 intersections, with a
combination of intersections in the Cities of Newport Beach, Irvine, and
shared intersections between the two cities. KHA and City of Newport
Beach staff will work with City of Irvine staff to confirm the study
intersections in the City of Irvine prior to proceeding with the analysis.
13. Current peak hour traffic data for the primary intersections in the City of
Newport Beach will be provided by the City of Newport Beach. It is
assumed that KHA will collect morning and evening peak hour traffic
data at the remaining study intersections, including the intersections in
the City of Irvine.
14. Intersection analysis of Newport Beach intersections will be conducted
using the Intersection Capacity Utilization (ICU) methodology, consistent
with the City of Newport Beach TPO requirements. Analysis of the City of
Irvine intersections will be conducted using the Irvine analysis
methodology.
15. For Caltrans intersections (intersections on a state highway), the
intersection analysis will also be conducted using the Highway Capacity
Manual (HCM) methodology as required by the Caltrans Guide for the
Preparation of Traffic Impact Studies.
16. Obtain information from the City of Newport Beach and the City of Irvine
regarding any committed intersection improvements planned to be
completed by one year after the project opening.
17. Summarize operating conditions at the study intersections for the
following scenarios:
a. Existing Conditions
b. Existing Plus Project
c. One Year after Opening -TPO Analysis:
I. Existing Plus Growth Plus Committed Projects
THE PLANNING CENTER DC &E I PROPOSAL: PRE'A.RATION OF AN EIP. FOR HE KOLL CENTER NEWPORT MIXED -USE. L'EVELOPmE'NT 27
ii. Existing Plus Growth Plus Committed Projects Plus Project
d. One Year after Opening - CEQA Analysis:
L Cumulative Conditions
ii. Cumulative Conditions Plus Project
18. Identify project impacts and any mitigation measures, if necessary. If
mitigation is required, a conceptual drawing of the recommended
improvement will be provided. For budgeting purposes, it is assumed
that record drawings of any study intersection will be available from the
City, and that a mitigation concept plan will be prepared for up to four
study intersections. If additional mitigation concept plans are required,
an additional fee of $750 per intersection will be required. This task will
also include preliminary cost estimate and project contribution
percentages for each of the mitigated intersections.
19. Conduct an analysis of the project's impacts on freeway mainline, merge
lanes, and ramp facilities in the project study area—specifically, 1-405 (San
Diego Freeway), SR -55 (Costa Mesa Freeway), and SR -73 (Corona del Mar
Freeway).
20. Evaluate the proposed parking supply to determine whether it will meet
City of Newport Beach parking requirements. KHA will provide
recommendations based on shared parking synergies for the mixed-use
components of the site.
21. Provide recommendations on measures to reduce the occurrence of non -
project traffic cutting through the development.
22. Prepare traffic signal warrant analysis at the unsignalized study
intersections using the current MUTCD method for projected daily traffic
or peak hour traffic volumes.
23. Prepare a draft traffic impact study documenting all data, analyses,
results, and conclusions to be submitted to the City of Newport Beach.
24. Review the draft transportation section of the Screencheck EIR. One
review and mark-up is assumed.
25. Respond to consolidated project team comments on the draft traffic
study to the extent that no new data collection and/or analyses are
required. A total of up to 16 hours is assumed. Responses requiring a
greater amount of time, or requiring additional data collection and/or
analyses will be completed for an additional fee to be negotiated prior to
initiating additional responses or analysis.
26. Prepare a final traffic study incorporating responses to comments made
on the draft traffic impact study report.
27. Respond to traffic -related public comments on the draft transportation
section of the Draft EIR, to the extent that no new data collection and/or
analyses are required. A total of up to 24 hours is assumed. Responses
28 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LETS COLLABORATE.
5. Scope of Work
requiring a greater amount of time, or requiring additional data
collection and /or analyses will be completed for an additional fee to be
negotiated priorto initiating additional responses or analysis.
28. KHA will participate in up to five project meetings with the Project Team,
City Staff, or others as directed by the Project Manager.
29. KHA will participate in one scoping meeting and up to two public
hearings (1 Planning Commission and 1 City Council).
30. Evaluate Construction Traffic:
a. Obtain information from the Project Applicant regarding planned
construction activities, including:
i. Type and quantity of construction vehicles,
ii. Size construction crew,
iii. Planned staging areas for construction equipment,
iv. Parking provisions for construction workers,
v. Magnitude of grading cut orflll,
vi. Amount and duration of grading, demolition, and construction
activities,
vii Planned haul routes, and
viii Other information relevant to construction - related traffic
impacts.
b. Quantify the amount of construction - related traffic associated with
the project, based on the information provided. The construction
schedule and program will be reviewed to determine if significant
traffic, pedestrian, or parking - related impacts will occur during the
construction activities for the proposed project. The City's standard
regulatory requirements regarding construction traffic management,
schedules, and operations will be described.
31. Provide an analysis of alternative travel modes, including current and
proposed public transit service and amenities in the project area;
pedestrian facilities currently in place and proposed or recommended for
the project; area -wide bicycle plans, and on -site bicycle facilities currently
in place or recommended for the project.
Notes
+ Tasks 1 through 4, 8 through 10, 16, and 17a were substantially completed
for the Koll portion of the project before the direction to halt efforts was
received. Some of the products produced as a result of the efforts
expended for these tasks can be used for the new effort, as explained
below.
THE PLANNING CENTER DC &E I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENT ER NEWPORT MIXED -USE DE11ELOPFdENT 29
— The basic report structure used for the prior draft traffic study for
Uptown Newport Village, including the technical table and figure
templates, will also be used for the Koll Center Newport study.
— All existing conditions descriptions (roadways, intersections, transit
routes, etc.) will be confirmed and updated, as necessary, to reflect
current conditions.
— New traffic count data will need to be collected.
— All information for Committed and Cumulative Projects will need to
be updated to reflect current conditions.
— The analysis software network and structure will be retained. All
analysis inputs will need to be updated to reflect new baseline data.
— The templates for the technical tables and figures will be retained.
Each table and figure will be completed for the Koll project, to reflect
project results.
— The report format and text will be revised to reflect the Koll Center
Newport project, and to reflect updated data and results.
— For budgeting and cost savings purposes, it is assumed that the five
project meetings will be combined meetings with the Uptown
Newport Village project, and that Kimley- Horn's attendance at public
meetings or hearings for the Koll Center Newport project will be
reduced to three.
All remaining tasks were either not completed, or the efforts or results of
the tasks from the prior effort cannot be applied to the current effort.
The proposed fee assumes that Kimley -Horn will work with the project
team on this project concurrently with the Uptown Newport Village project,
and that efficiencies and cost savings will be realized by coordinating
certain efforts for the two projects. For example, it is assumed that both
studies will have the same study area and study intersections, that the
Opening Year will be the same for both, and that the TPO Committed
Projects and the CEQA Cumulative Projects lists will be the same for both,
+ If one or the other of the projects is cancelled or delayed such that work
efforts do not take place in generally the same timeframe, or the
assumptions stated above are no longer applicable, then the fee for each
projectwill be adjusted accordingly.
The proposed fee is based on specific assumptions about the scenarios to
be analyzed, the number of meetings Kimley -Horn will participate in, the
number of report review and revisions, and the number of hours required
to respond to public comments to the EIR Transportation section. If
additional issues not covered here are raised for analysis, or if Kimley -Horn
is required to attend additional meetings, or if additional hours are required
to address City and public comments, an additional authorization will be
required.
Deliverable(s):
— Traffic Impact Analysis, to be included as an appendix to the EIR
30 PLAMNINC IS THINKING AND DOING SOMETHING A80UT THE FUTURE NOW. L=T'S COLLAEORF.TE,
PROJECT COST ESTIMATE
The Koll Center Newport - EIR (Updated with Optional Tasks, 8/31/11)
Billing Rate:
$180
$170
$165
$120
$120
$100
$85
$85
$85
$80
$95
$80
$75
Hadfield
Clendening
Fitzgerald
Estrada
Vermilion
C. Kim
Vang
Milroy
Boyer
Nakama
Froelich
Munoz
Staff
Role:
Dir./PM
ESA
HRA
Asst. PM
Noise/AQ1 GHG
Shade/ Shadow
Asst. PM/Noise/AQ
Asst. PIn.ICEQA
Asst Pin. ICEQA
Graphics
Editor
Word Proc.
Clerical
Total
Title:
Team Leader)
Sr. Planner)
Sr. Planner)
Assoc. Planner)
Assoc. Planner)
Asst. Planner)
Asst. Planner)
TASK/SUBTASK DESCRIPTION
Principal
Director
Scientist/ Designer II Scientist/ Designer I
Scientist/ Designer II
Scientist/ Designer I
Scientistl Designer II Scientist/ Designer I
GISICAD Operator II
Graphic Artist I
Technical Editor
Word Processor
Clerical/ Admin
HourS
Total TPC Cc
CEQA TASKS
Task -1 Project Initiation -
Data Collection/Site Visit
4
8
4
16
$2,
Kick Off Meeting
4
4
4 1
1 1
1
1
12
$1,
Subtotal Task 1- Project Initiation
8
0
0
12
4 1
0
1 0
0
4
0
0 1
0
0
28
$3,
Task 2_ InitialSt d
_ u vlNOP
Initial Study
8
8
20
8
4
6
54
$5,
Notice of Preparation
2
4
4
10
$1,
Subtotal Task 2- IS/NOP
10
0
0
12
0
0
0
24
0
8
4
6
0
64
$6,
Task 3 Public Scoping', Meeting'
Public Scoping Meeting (incl material prep)
4
8
12
$1,
Subtotal Task 3- Scoping Meeting
4
0
0
8
0
0
0
0
0
0
1 0
0
0
12
1$1,
Task'4 ADEIR I & it
Task 4.1 ADEIR 1
0
Project Desc/Setting/Summary
12
12
16
40
$4,
Aesthetics
8
20
2
30
$4,
Air Quality/GHG/energy (tech study below)
4
14
18
$2,
Biological Resources
2
8
10
$1,
Geotechnical
4
16
20
$2,
Hazards/Hazardous Materials (HRA below)
4
4
8
16
$2,
Hydrology and Water Quality
4
24
28
$2,
Land Use and Planning
16
20
36
$5,
Noise (tech study below)
4
4
$
Population & Housing
4
32
36
$4,
Public Services
4
8
32
44
$4,
Recreation
2
12
14
$1,
Transportation/Traffic
12
36
48
$5,
Utilities & Service Systems
4
16
20
$2,
Project Alternatives
24
24
16
64
$8,
Misc. Chapters (incl Growth Inducing Impacts/Significant
Irreversible Impacts)
2
2
16
20
$1,
Graphics/Editing/WP
40
48
481
12
148
$12,
Subtotal Task 4.1- ADEIR 1
110
0
4
130
14
2
52
88
48
40
48
48
12
596
$66,
Review/Revisions Round 1
12
8
8
8
36
$4,
Review/Revisions Round 2
6
6
4
4
20
$2,
Subtotal Task 4.1- ADEIR II
18
0
0
14
0 1
0
1 12
1 12
0 1
0
0
0
1 0
56
$6,
Subtotal Task 4 - ADEIR I & II
128
0
4
144
14 1
2
64
100
48
40
48
48
1 12
652
$73,
Task Pre -Print and Draft EIR
Pre -Print EIR (final revisions/review)/Draft
2
8
4
12
12
38
$3,
NCA
1
4
1
1
7
$
Subtotal Task 5- Pre -Print & Draft EIR
3
0
0
1 12
0
0
0
0
0
4
13
13
0
45
$4,
Task 6 FinaLEIR - RTC/Errata"
. , . .
RTC
30
8
32
4
12
6
8
100
$13,
Revisions to DEIR
12
12
2
430
$4,
Subtotal Task 6- Final EIRI
42
1 0
8
44
1 6 1
0
16
6
8 1
0
1 0
10
01
130
$17,
THE PLANNING CENTERIDC&E
City of Newport Beach
TOTAL BUDGET
$2,020
$1,680
$3,700
$5,600
$1,180
$6,780
$1,680
$1,680
$0
$4,960
$4,040
$2,400
$1,040
$2,080
$2,060
$2,760
$5,280
$720
$4,560
$4,400
$1,800
$5,220
$2,080
$8,560
$1,960
$12,500
$66,420
$4,480
$2,480
$6,960
$73,380
PROJECT COST ESTIMATE
The Koll Center Newport - EIR (Updated with Optional Tasks, 8/31/11)
Billing Rate:
$180
$170
$165
$120
$120
$100
$85
$85
$85
$80
$95
$80
$75
Hadfield
Clendening
Fitzgerald
Estrada
Vermilion
C. Kim
Vang
Milroy
Boyer
Nakama
Froelich
Munoz
Staff
Role:
DIr.IPM
ESA
HRA
Asst. PM
Noise/AQ/ GHG
Shade/ Shadow
Asst. PMINoise/AQ
Asst. PIn.ICEQA
Asst Pin. ICEQA
Graphics
Editor
Word Proc.
Clerical
Title:
Tota
Team Leader/
Sr. Planner/
Sr. Planner/
Assoc. Planner/
Assoc. Planner)
Asst. Planner/
Asst. Planner/
TASK/SUBTASK DESCRIPTION
Principal
Director
Scientist/ Designer 11 Scientist/ Designer I Scientist] Designer II
Scientist/ Designer I
Scientist] Designer II Scientist/ Designer I GISICAD Operator II
Graphic Artist I
Technical Editor
Word Processor
Clerical/ Admin
Hours
Total TPC Costs
Task 7 Mitigation Monitoring & Reporting Program
MMRP
2
8
2
12
$1,56(
Subtotal Task - 7 MMRP
2
0
0
8
2
0
0
0
0
0
0
0
0
12
$1,56(
Task -8 ROF/$OC/NOD - -
FOF and Statement of Overriding Considerations
8
16
24
$2,80(
NOD
1
3
$54(
Subtotal Task 8- FOF/SOC/NOD
9
0
0
3
0
0
0
0 1
16
0
0
0
0
24
$3,34(
Task 9.• Meetings/Hearings
City Coordination Meetings (6)
18
9
9
36
$5,13(
Public Meetings (2)
8
8
16
$2,28(
Subtotal Task 9- Meetings/Hearings
0
0
26
9
17
0
0
0
0
0
0
1 0
0
52
$7,41(
Task.10 Project k anagement " .
e•' . ""
_
_:
Project Management
52
78
130
$18,72(
Subtotal Task 10 - Project Management
52
0
0
78
0
0
0
0
0
0
0
0
0
130
$18,72(
CEQA TASKS TOTAI, LBOR.:
258
0
38
330
43
2
80
130
76
52
65
67
12
1,149
$138,57°
TECHNICAL STUDIES
22%
0%
3%
29%
4%
0%
7%
11°/a
7%
5%
6%
6%
1%
100%
The PlanningCenter". ': =
d
Air Quality/GHG
66
10
76
$8,77(
Shade/Shadow Analysis
15
15
$1,50(
Noise
46
8
54
$6,20(
Subtotal TPC I DC&E Technical Studies
0
0
0
0
112
15
18
0
0
0
0
0
0
145
$16,47(
Subconsultant3"(billed at cost+ 10%)
Cadre (Bio)
0
$(
Cogstone (Cultural)
0
$(
Kimley Horn (Traffic)
0
$(
Subtotal Technical Studies - Subconsultant
0
0
0
0
0
0
0
0
0
0
0
0
0
0
$(
TECHNICAL STUDIES = TOTAL '
0
0
0
0
112
15
18
0
0
0
0
00
145
16,470
0
0%
0%
0%
77%
10%
12%
0%
0%
0%
0%
0%
0%
100%
OPTIONALTECHNICAL STUDIES -
The Planning Center
Health Risk Assessment
40
40
$6,601
Environmental Site Assessment
30
1
30
$5,10(
Subtotal TPC Optional Technical Studies
0
30
40
0
0
0
0
0
0
0
0
0
0
70
$11,70(
SubconsOtants billedt: cost + 10%
Hall & Foreman (Civil Engineering)
0
$(
LGC (Geotechnical)
0
$(
Subtotal Optional Technical Studies - Subconsultants
$1
OPTIONAL TECHNICAL STUDIES - TOTAL
0
30
40
0
1 0
0
0
0
0
0
0
1 0
0
70
$11,701
LABOR TOTALS
Labor Total - WITH Optional Studies
$166,74!
tabor Total• - WITHOUT OptionalStudies
Reimbursable Expenses (includes 10% mark-up)
GRAND TOTAL WITH SUBCONSULTANTS AND REIMBURSABLES WITH OPTIONAL STUDIES
THE PLANNING CENTER IDC&E
City of Newport Beach
:onsultants TOTAL BUDGET
$0
$18,720
$18,720
PROJECT COST ESTIMATE THE PLANNING CENTERS DUE
The Koll Center Newport - EIR (Updated with Optional Tasks, 8/31/11) City of Newport Beach
Billing Rate:
$180
$170
$165
$120
$120
$100 $85 $85 $85
$80 $95 $80 $75
Hadfield
Clendening
Fitzgerald
Estrada
Vermilion
C. Kim Vang Milroy Boyer
Nakama Froelich Munoz Staff
Role:
DIr.IPM
ESA
HRA
Asst. PM
Noise/AO) GHG
Shade/ Shadow Asst, PM/Noise/AQ Asst. Pin./CEQA Asst Pin. ICEQA
Graphics Editor Word Proc. Clerical
Total
Title:
Team Leader/
Sr. Planner/
Sr. Planner/
Assoc. Planner/
Assoc. Planner) Asst. Planner/ Asst. Planner/
TASK/SUBTASK DESCRIPTION
Principal
Director
Scientist/ Designer fl
Scientist/ Designer I
Scientist/ Designer II
Scientist/ Designer I Scientist] Designer II Scientist/ Designer I GISICAD Operator 11
Graphic Artist I Technical Editor Word Processor Clerical/ Admin Hou rS Total TPC Costs Subconsultants TOTAL BUDGET
1) Traffic scope includes analysis of an interim phase and traffic budget includes reimbursable expenses and intersection counts
BREAKDOWN OF REIMBURSABLE EXPENSES Overnight Certified Initial Study Draft EIR DEIR Appendices Final EIR FOF & SOC MMP CDs
The Planning Center DC&E $20 $5 $50 $150 $150 $100 $75 $25 $10
Report Reproduction
Initial Study 3 50 52 1 $2,920
Draft EIR 3 50 66 1 66 $11,020
Final EIR 3 50 50j 2 $5,330
FOF & SOC 1 2 2 $175
Mitigation Monitoring Program 1 2 1 $65
Other
County Filing Fees ($75 each: NOP, NOA, and NOD) $225
California Department of Fish and Game Fee ($2,839.25) $2,839
Mileage (at IRS approved rate) (10 trips@16 mi rd. trip) $90
Miscellaneous Copies ! $300
Subtotall 1 $22,964
2) The reimbursables budget is an estimate only and will be billed at cost plus 10%. If additional copies are requested by the City, they will be billed at cost plus 10% and are extra to contract.
Exhibit "B"
The Planning Center -Koll Page 15
s
I
I
1 7 o Cost Estimate
0
0
a
n
U
..5
The Planning CenterIDUE
2011 Standard Fee Schedule
Staff Level
Hourly Rate
Principal
$200 -$250
Director/Team Leader
$140 -$225
Sr. Planner /Scientist /Designer II
$135 -$215
Sr. Planner /Scientist/Designer 1
$115 -$155
Associate Planner /Scientist/Designer II
$105 -$130
Associate Planner /Scientist/Designer 1
$95 -$110
Assistant Planner /Scientist/Designer 11
$80 -$100
Assistant Planner /Scientist /Designer 1
$60 -$80
GIS /CAD Operator 11
$100 -$135
GIS /CAD Operator
$90 -$105
Graphic Artist II
$85 -$130
Graphic Artist 1
$75 -$95
Planning Technician /Intern
$60 -$80
Technical Editor
$95 -$100
Word. Processing
$75 -$85
Clerical /Administration
$60 -$100
Third -Parry CEQA Review
$225
Expert Witness
2 x Normal Hourly Rate
Other direct costs are billed at cost plus 10 %.
Mileage reimbursement rate is the standard IRS - approved rate.
�J
y
THE PLANNING CENTER I DC &E -PROPOSAL: PREPARATION OF AN EIR FOR THE KOLLCENTER NEWPORT MIXED -USE DEVELOPMENT 33
•
�•� i �� � (; ��� , I ��i � �' i i ��: - it � � .
Agenda Item No. 9
September 27, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Rosalinh Ling, Associate Planner
APPROVED:
TITLE: Professional Service Agreement with the Planning Center for
Environmental Services for the Koll Center Newport and Uptown
Newport Village Mixed -Use Developments (PA2010 -132 &PA2011-
134)
ABSTRACT:
Community Development staff requests an approval of two professional services
agreements with the Planning Center for environmental services for the Koll Center
Newport and Uptown Newport Village mixed -use developments in the Airport Area.
RECOMMENDATION:
Approve the two Professional Services Agreements, and authorize the Mayor and City
Clerk to execute the Agreements.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. The entire cost of these consulting services
will be reimbursed to the City by the applicants (The Koll Company and The Shopoff
Group).
DISCUSSION:
On September 28, 2010, the Newport Beach City Council approved the Integrated
Conceptual Development Plan (Plan) to provide for the redevelopment of the 25 -acre
Shopoff Group (formerly -owned by Conexant) site, and for the redevelopment of a
12.70 -acre portion of the Koll Center office park between Birch Street and Von Karman
Avenue with new residential development and open space, carefully integrated with
existing office buildings and parking structures.
1
Professional Service Agreement with the Planning Center for Environmental Services
for the Koll Center Newport and Uptown Newport Village Mixed -Use Developments
(PA2010 -132 &PA2011 -134)
September 27, 2011
Page 2
The Plan results in a maximum of 1,504 new residential units; 1,244 of which are
planned on the Shopoff site and the remaining 260 are planned on the Koll Company
property.
The approved Plan was a pre- requisite for the preparation of the entitlement documents
called for in the General Plan. These documents include a Regulatory Plan and a
Development Agreement. Each property owner is responsible to independently prepare
and submit to the City the proposed Regulatory Plan for their property. The Regulatory
Plans, along with any required environmental clearance documents, will then be the
subject of a public review process as established by the City and the basis for action by
the City Council.
The City proceeded with the preparation of Environmental Impact Report for the
Conexant project. Atkins (PBS &J) was selected and the environmental review process
began with completion of an initial study and notice of preparation. This process was
discontinued when the Shopoff Group purchased the Conexant property in late 2010.
The professional service agreement with Atkins subsequently expired.
On July 8, 2011, the Shopoff Group submitted an application for a Planned Community
Development Plan, Tentative Tract/Parcel Maps, Traffic Study, Development
Agreement, and Affordable Housing Implementation Plan to allow development of the
Uptown Newport Village mixed -use development.
The Koll Company augmented their previously submitted application for a Planned
Community Development Plan Amendment, Traffic Study, and Development Agreement
for their proposed development and is now ready to proceed. Each project requires the
preparation of an environmental impact report (EIR). The cost for the preparation of an
EIR for the Uptown Newport Village project would be in an amount not to exceed
$254,114.00 and $329,380.00 for the Koll Center Newport project.
ENVIRONMENTAL REVIEW:
Retention of consultants is not a project as defined by California Environmental Quality
Act (CEQA).
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
2
Professional Service Agreement with the Planning Center for Environmental Services
for the Koll Center Newport and Uptown Newport Village Mixed -Use Developments
(PA2010 -132 &PA2011 -134)
September 27, 2011
Page 3
Submitted by:
Kimberly Brandt,
Director
Attachments: A. Professional Services Agreement with the Planning Center for the
Uptown Newport Village Mixed -Use Development
B. Professional Services Agreement with the Planning Center for the
Koll Center Newport Mixed -Use Development
3
11
City Council
Attachment A
Professional Services Agreement with the
Planning Center for Uptown Newport Village
Mixed -Use Development
5
NO
PROFESSIONAL SERVICES AGREEMENT WITH
THE PLANNING CENTER/DC &E
FOR ENVIRONMENTAL ANALYSIS
FOR THE UPTOWN NEWPORT VILLAGE MIXED USE DEVELOPMENT
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this day of September, 2011 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and The Planning
Center /DC &E, a California corporation ( "Consultant'), whose address is 1580 Metro
Drive, Costa Mesa, California 92626 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 Council approved an Integrated Conceptual Development Plan (ICDP) for
the redevelopment of 25 acres of land known as Uptown Newport Village. The
Consultant will be preparing environmental documents for the applicant that will
analyze the proposed regulatory plan and development agreement intended to
implement the ICDP.
C. City desires to engage Consultant to ensure that the environmental review
process is carried out in accordance with the California Environmental Quality
Act ( "CEQA") ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] 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 July 5, 2012 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
7
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.1.1 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.
3.2 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 Consultant will be paid by the applicant under a deposit account 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 within Exhibit B and
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 Two Hundred Fifty -Four Thousand One Hundred Fourteen
Dollars and no /100 ($254,114.00) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 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:
The Planning Center -UNV Page 2
g
4.3.1 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.
4.3.2 Approved reproduction charges.
4.3.3 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.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated 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.
5.2 Consultant, at the sole
any of its personnel assigned to the
City. Consultant warrants that it will
complete the Project on a timely basis
6. ADMINISTRATION
discretion of City, shall remove from the Project
performance of Services upon written request of
continuously furnish the necessary personnel to
as contemplated by this Agreement.
This Agreement will be administered by the Community Development Department.
Rosalinh Ung, Associate Planner or her designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or her authorized representative shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 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.
The Planning Center -UNV Pag 3
J
7.1.2 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 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
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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, sub - consultants, subcontractors, anyone employed directly or. indirectly by
any of them or for whose acts they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
The Planning Center -UNV Page 4
10
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.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may havek 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
14.1 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.
14.2 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
The Planning Center -UNV Page 5
during the term of this contract. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
14.2.1 Consultant shall procure and maintain for the duration of the
contract 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 proposal.
14.3 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.
14.4 Coverage Requirements.
14.4.1 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.
14.4.1.1 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.
14.4.1.2 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.
14.5 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.
14.6 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 accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
The Planning Center -UNV Pag1e�6
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements.
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions:
14.8.1.1 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, 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.
14.8.1.2 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.
14.8.1.3 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.
14.8.1.4 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.
14.9 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.
14.10 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-
The Planning Center -UNV Page 7
1
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 (256/o) 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
17.1 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.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted version of
Microsoft Word, Excel or portable document format (.pdf).
The Planning Center -UNV Paa 8
J
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 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.
The Planning Center -UNV P gf-,� 9
J
25. CONFLICTS OF INTEREST
25.1 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.
25.2 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
26.1 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:
Attention: Rosalinh Ung, Associate Planner
Community Development Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3208
Fax: 949 - 644 -3229
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attention: JoAnn Hadfield
The Planning Center /DC &E
1580 Metro Drive
Costa Mesa, CA 92626
Phone: 714- 966 -9220
Fax: 714 - 966 -9221
27, CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in this Agreement, the Consultant shall be required to file any
claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et segJ.
The Planning Center -UNV Page
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the. default and the defaulting party fails to give.adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 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.
29. STANDARD PROVISIONS
29.1 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.
29.2 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.
29.3 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.
29.4 Conflicts or Inconsistencies
The Planning Center -UNV Pace-1 1
J
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.
29.5 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.
29.6 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.
29.7 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.
29.8 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.
29.9 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.
29.10 No Attorney's Fees
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorney's fees.
29.11 Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
The Planning Center -UNV Page
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFIC 2TITY ATTORNEY
Date:
n
Leonie Mulvihill
Assistant City Attorney
ATTEST:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Michael F. Henn
Mayor
CONSULTANT: THE PLANNING CENTER,,
a California corporation
Date:
Willaim Halligan
Vice President, Environmental Services
Date:
By:
Keith McCann
Chief Financial Officer
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
The Planning Center -UNV
Pa"7�
Exhibit "A"
The Planning Center -UNV Page 14
20
5. Scope of Work
CEQA TASKS
The Uptown Newport Village EIR will meet all the requirements set forth in
the California Environmental Quality Act (Public Resources Code 21000 et
seq.) and the State CEQA Guidelines (California Code of Regulations, Section
150000 et seq). Specific tasks are as follows:
Task 1 Project Initiation /Kick -off Meeting
This task will include:
• Data Collection and Review — we will review available materials, including
reports already prepared forthe Uptown Newport Village project.
• Site Visit — we will conduct a site visit and take photos of the site and
surrounding areas
Kickoff meeting - our Project Manager, Assistant Project Manager, and
representatives from each of our technical consultants will attend a project
kick off meeting at the City to discuss the proposed project and confirm the
project approach, scope, and schedule. This discussion should include
known issues and opportunities as observed by City planning staff and the
consultant team.
Task 2 Initial Study Review /Notice of Preparation
Initial Study
The Initial Study will Include a comprehensive project description and analyze
each topical area of the CEQA Appendix G checklist, plus Energy, as follows.
• Aesthetics
• Agriculture /Forest Resources
• AlrQuality
• Biological Resources
• Cultural Resources
• Geology /Soils
• Greenhouse Gases
• Hazards /Hazardous Materials
• Hydrology/WaterQuality
• Land Use & Planning
• Mineral Resources
• Noise
• Population & Housing
• Public Services
• Recreation
• Transportation/Traffic
• Utilities and Service Systems
• Energy (CEQA Guidelines Appendix F)
Findings will be clearly substantiated for each checklist question to conclude
that impacts are less than significant or less than significant as mitigated. At
this time it is anticipated that the only CEQA topics that will be eliminated
from further review (not carried through to the EIR) will be Agricultural /Forest
Resources and Mineral Resources.
THE PLANNING CENTERIDC &E PROPOSAL EIR FOR THE UPTOWN NEWPORT VILLAGE MxED -USE DEVELOPMENT 11
21
Notice of Preparation
The Planning Center will prepare the draft Notice of Preparation and submit it
for review and approval by the City. After City approval of the NOP, The
Planning Center will copy and distribute the NOP and Initial Study to state
and local agencies, surrounding property owners, and other special interest
groups or individuals identified by the City. The NOP will clearly identify the
time period, contact person, and address established for submitting
responses.
Deliverable(s):
— 2 hard copies and t electronic copy of the Draft NOP /Initial Study
— Up to 50 hard copies of the NOPAS for distribution
— Certified mailing to agencies and general public
— Certified mailing to State Clearinghouse for circulation to state
agencies .
Task 3 Public Scoping Meeting
The Planning Center will assist the City in organizing and conducting one
public scoping meeting to present the preliminary environmental impacts of
the proposed project and to solicit comments regarding the scope and
content of the environmental issues to be addressed in the EIR. At the
meeting, we will be prepared to discuss the environmental review process
and to answer specific questions, as desired by the City. It is recommended
that the scoping meeting be held as soon as possible after the release of the
NOP, so public concerns about environmental issues can be identified.
Deliverable(s):
— Preparation and participation at scoping meeting
— Scoping meeting agendas and record of comments
— Public handouts of CEQA flow chart, exhibits, PowerPoint slides,
questionnaires (up to 50 copies)
Task 4 Administrative Draft EIR I and II (ADEIR I & Iq
Prior to preparation of the ADEIR, we will submit a comprehensive project
description and EIR outline for review and approval by the City. A project -
level EIR will be prepared and include the following sections in accordance
with the CEQA Guidelines:
• Executive Summary
• Introduction
• Project Description
• Environmental Setting
• Discussion of Existing Conditions,
Environmental Impacts, and
Mitigation Measures
• Cumulative Impacts
• Consideration of Significant Effects
• Project Alternatives
• Organizations and Persons
Consulted
• Other CEQA-Mandated Sections
Key to a defensible EIR for the Uptown Newport Village project will be a
comprehensive project description that details the proposed phasing of the
project. We recommend that at the outset of the project, we coordinate with
the City and the project applicant to detail project phasing assumptions. Our
12 PLANF41NG 13 THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABOT-5-
5. Scope of Work
scope of work assumes that a quantified analysis will be included for our
technical studies including air quality, health risk, and noise. We have
coordinated with Kimley Horn to add the interim analysis to the traffic scope.
The detailed scope of the traffic study should be negotiated at the outset of
the project to accurately define the phasing at the outset.
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 (thresholds), (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
conservative scenario approach will be followed for all analyses included in
the EIR.
As indicated above, it is anticipated that all CEQA topical sections, with the
exception of Agricultural/Forest Resources and Mineral Resources, will be
carried through and included in the ADEIR. Analysis and findings of technical
studies will be incorporated into the EIR. Technical study scopes are described
under reclwica /Studies Complete technical studies (for stand -alone reports)
and supporting modeling information (Air Quality, Noise, GHG inventory) will
be included in the EIR appendices.
As required by the City of Newport Beach, the ADEIR will include the analysis
of General Plan policies as applicable to the proposed project in the Land Use
and Planning section.
Consideration of Significant Effects: As required by CEQA, the EIR will
identify and focus on the significant effects of the project, and include the
following discussions as required by CEQA Guidelines Section 15126.2:
• Effects Not Found to be Significant
• Significant Unavoidable Impacts
• Significant Irreversible Changes
• Growth - inducing Impacts
Alternatives to the Proposed Project: Alternatives to the proposed project
will be defined and analyzed in compliance with Section 15126(d) of the
CEQA Guidelines and with consultation with City staff. 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.
Analyses of up to three alternatives, including the "No Project," will be
conducted. As designed to reduce or eliminate any significant Impacts,
alternatives may include construction phasing alternatives, land use
modifications, and depending upon the timing of the Koll Center project, may
be structured to include alternatives that also address alternatives to that
project. Alternatives that were considered but eliminated from further
THE PLANNING CENTER I DC &E - PROPOSAL - EIH FOR THE UPTOWN NEW FOR I VILLAGE PAIAEO -USE DEVELOPMEN 1 21�
consideration will also be documented. The environmentally superior
alternative will be identified; if it is either No- Project Alternative, then one of
the development alternatives will be identified as environmentally superior to
the others.
Our scope of work Includes two round of review of the ADEIR.
Deliverable(s):
— 2 hard copies and 1 electronic copy of Draft Project Description and
EIR Outline
— Up to 8 hard copies with technical appendices on CDs of
ADEIR I
-- Up to 8 hard copies with technical appendices on CDs of ADEIR II
Task 5 Pre -Print and Draft Environmental Impact Report (DEIR)
The Planning CenterlDC &E will incorporate City comments on the two round
of review of the ADEIR. Upon approval of the second set of revisions, we will
forward the Pre -Print Draft EIR for final review before publication. Upon
approval we will prepare the Notice of Completion (NOC) for City approval
and signature. We will also prepare the Notice of Availability (NOA) for City
approval for distribution by the City and publish and distribute the DEIR per
the mailing list to be developed in consultation with the City.
Deliverable(s):
— Up to 2 hard copies with technical appendices on CDs of the Preprint
Draft EIR
— Up to 50 hard copies with technical appendices on CD of the Draft
EIR
— Preparation of the NOA and NOC
— Certified mailing of up to 50 copies of the Draft EIR to recipients on
the approved distribution list and State Clearinghouse
— 1 copy of the Draft EIR in an acceptable web - friendly format for the
City's website
— 1 hard copy of all technical reports
Task 6 Final EIR - Response to Comments /Errata
Response to Comments received on the Draft EIR will be prepared in
accordance with CEQA Guidelines Section 15089. Following receipt of all
comments on the Draft EIR, written responses will be prepared for each
comment. A Response to Comments section will be created for the Final EIR
and will contain an introduction describing the public review process for the
Draft EIR, copies of all comment letters and minutes from public meetings
where oral comments were taken, and written responses to all comments.
Responses will focus on comments that address the adequacy of the Draft EIR.
Comments that 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 CenterlDC &E with input from our
technical specialists, as needed.
14 PLANNING IS THINKING AND WING SOMETHING ABOu r THE FUTURE NOW. LEI'S COLLAI f4-
b. Scope of Work
As noted in the RFP, an estimate of up to 100 hours of professional time to
respond to comments has been included. The estimated budget assumes that
no additional basic research will be required to respond to comments, and
that the comments will be directed at the substance and technical adequacy
of the EIR. 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 addressed in the EIR.
The Final EIR will also include any revisions, updates, or corrections needed to
respond to comments or address minor errors in the Draft EIR.
The Planning Center will revise the Responses to Comments based on
revisions provided by the City. Responses to Comments from responsible
agencies will be distributed a minimum of 10 days prior to consideration of
the Final EIR by the City Council.
Deliverable(s):
— Up to 50 hard copies of the Final EIR - Response to Comments/Errata
— Distribution of the Response to Comments to Commenting Agencies
— 2 hard copies of the Final EIR (Draft EIR, Response to
Comments/Errata, and Technical Appendices (on CDj). MMRP as
described below to be included in this deliverable.
Task 7 Mitigation Monitoring and Reporting Program
An MMRP will be prepared, pursuant to Section 21081.6 of the Public
Resources Code. It will be presented in standard City format and will 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.
Deliverable(s):
— 2 hard copies and 1 electronic copy of MMRP
Task 8 Findings of Fact and Statement of Overriding Considerations and
NOD
The Findings of Fact will be prepared consistent with the requirements of
CEQA. The draft Findings of Fact and MMRP will be distributed to the City for
review and comment. If required, we will prepare a Statement of Overriding
Considerations (SOC) for the project, consistent with the requirements of
CEQA.
Notice of Determination: A draft Notice of Determination (NOD) will be
prepared for review by the City. After the City takes action certifying the Final
EIR and approving the project, the NOD will be filed with the Office of
Planning and Research (OPR) and the Orange County Clerk. The Planning
CenterlDC &E will prepare and file the CDFG fee.
THE PLANNINGCENTERIDC &E- PROPOSAL - EIR FOR THE UPTOWN NEWPORT VILLAGE MIXED-USE DEVELOPMENT 29
Deliverable(s):
— 2 hard copies and 1 electronic copy of the Draft Findings of Fact and
Statement of Overriding Considerations
— Notice of Determination and CDFG filing
— 1 set of CDs of the Notices, Initial Study, Final EIR, and Findings of
Fact in Word and appendices
Task 9 Meetings /Public Hearings
In accordance with the RFP, our scope of work includes our attendance at the
following meetings and public hearings:
The Planning CenterlDC &E
+ Kick -off meeting — attendance by our PM, Asst. PM and AQ /Noise specialist
(cost included in Task 1)
+ Up to 6 additional City staff /team coordination meetings (PM and either
Asst PM or AQ /Noise specialist)
+ 1 Public Scoping Meeting (PM and Asst. PM, cost Included in Task 3)
+ 2 Public Meetings (PM and AQ /Noise specialist).
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.
Subconsultant Meeting Attendance
The scope of work for each of our technical subconsultants is detailed in the
following section. For clarity, however, the assumed meetings /hearings for
each Subconsultant are as follows:
• Cadre Environmental (biological resources): kick -off meeting, 1 City staff
coordination meeting, and 2 public meetings
• Cogstone Resource Management (cultural resources): kick -off meeting
• Kimley Horn (transportation /traffic): kick -off meeting, public scoping
meeting, 5 City staff coordination meetings (combined Koil Center /Uptown
Village meetings), and 2 public meetings
Task 10 Project Management
The Planning Center will coordinate closely with the City to ensure that the
EIR and associated documents are legally defensible, accurate, and useful to
decision makers when considering the approval of the project. Project
management responsibilities include: task scheduling and assignment;
management of resources; monitoring of costs and schedule adherence;
management and coordination of subconsultants, including contract
administration and accounting; consultation and coordination with local and
state entities relative to the environmental review process; and coordination
and communications with the City s project team to ensure compliance with
policies, procedures, and any applicable codes. This task also includes the
activities detailed under Section 4, Coordination. This task is based on an
estimated hours /week for the estimated schedule in this proposal for the
Project Manager and Assistant Project Manager. If this schedule is extended
16 PLANNING IS THINKING AND DOING SOMETHING ABOUTTHE FUTURE NOW. LET'S COLLABORATE.
5. Scope of Work
beyond the control of The Planning CenterIDC &E, a budget augment may be
requested for this task.
TECHNICAL STUDIES
THE PLANNING CENTERS DC &E
Air Quality Analysis
The Planning CenterlDC &E will prepare an air quality analysis for construction
and operational activities associated with the Uptown Newport Village. The
air quality analysis will be based on the current methodology of the South
Coast Air Quality Management District (SCAQMD) for projects within the
South Coast Air Basin (SoCAB), and modeling files will be included as an
appendix to the EIR. The air quality analysis will provide an estimate of short -
term and long -term criteria air pollutant emissions using SCAQMD's most
recent computer model, CaIEEMOd. Criteria air pollutant emissions will be
compared to the SCAQMD's regional significance thresholds for the project's
construction and operational phases. Average daily trip generation provided
by Kimley -Horn Associates will be incorporated into the CalEEmod program
for the project's operational phase. The construction phase regional
emissions inventory will be based on the construction phasing and schedule,
preliminary equipment list, demolition volumes, and soil export for
remediation activities developed for the Uptown Newport Village provided
by Shopoff Group. Localized air pollution impacts from construction
equipment exhaust and fugitive dust will be compared to SCAQMD's
screening -level localized significance thresholds (LST) for their potential to
elevate concentrations of air pollutants at the adjacent residential areas
surrounding the project site. Consistency of the project's regional emissions
will also be evaluated against the SCAQMD Air Quality Management Plan.
Mitigation measures that reduce impacts will be identified, as necessary.
The California Air Resources Board (CARB) and the California Air Pollution
Control Officer's Association (CAPCOA) have adopted guidelines for siting
new sensitive receptors near major sources of pollution, including high
volume roadways and industrial land uses. Based on a review of data
obtained through SCAQMD's Facility Information Database (FIND), Phase 1 of
the proposed project would be adjacent to Jazz Semiconductor, Inc.
Following a third -party peer review, the conclusions of the health risk
assessment (HRA) will be incorporated in the EIR to determine if onsite
sensitive receptors would be exposed to excessive concentrations of toxic air
contaminants. Based on the results of the HRA, the EIR will describe potential
impacts from proximity to major stationary sources within 1,000 feet of the
residential buildings and outdoor recreational areas. Mitigation measures will
be incorporated as necessary.
Deliverable(s):
— Air Quality Analysis, to be included as an appendix to the EIR
THE PLANNING CENTER DC &E - PROPOSAL -EIR FOR THE UPTOWN NEWPORTVILLAGE MIXED-USE DEVELOP -MENT �.17
Greenhouse Gas Emissions Analysis
Pursuant to the recently revised CEQA Guidelines (effective March 18, 2010)
and the latest methodology proposed by SCAQMD, the Planning
CenterlDC &E will quantify project - related GHG emissions using SCAQMD's
CalEEMod program. CaIEEMod calculates GHG emissions from transportation
sources, area sources (landscaping fuel, architectural coatings, consumer
products), energy sources (natural gas consumption, energy use), water and
wastewater, waste, and vegetation.. In addition, total GHG emissions from
construction activities will be amortized into the project GHG emissions
Inventory.
The GHG analysis will also discuss potential global climate change impacts,
the effects of GHG emissions, and history of GHG emissions regulation in
California. SCAQMD's new CaIEEMod program calculates GHG emissions
reductions from recently adopted programs and regulations, including
improvements in fuel efficiency, state building code energy efficiency, and
landscaping water efficiency. Project consistency with statewide GHG
emissions reduction strategies (CARB Scoping Plan) and measures taken by
the City to reduce GHG identified in the Uptown Newport Village and City of
Newport Beach General Plan will also be reviewed. Mitigation measures will
be incorporated, as necessary, to reduce potentially significant impacts of the
project.
Deliverable(s):
— Greenhouse Gas Emissions Analysis, to be included as an appendix to
the EIR
Noise and Vibration Analysis
The Planning CenterlDC &E will prepare a noise and vibration analysis for
construction and operational activities associated with the Uptown Newport
Village Plan. The noise analysis will be consistent with the noise standards and
criteria of the City of Newport Beach and State of California, including the City
of Newport Beach Municipal Code and General Plan and State Building Code.
Noise levels within the vicinity of the project site are characteristic of an urban
area. The primary sources of noise in the project vicinity are traffic on Von
Karman Avenue and Birch Street. In addition, while the project site is not
under the direct flight path for aircraft at the John Wayne Airport, noise from
aircraft activities is audible onsite. Portions of the Uptown Newport Village are
within the 60 OIBA CNEL noise contour for the airport but are located outside
of the 65 dBA CNEL noise contour. To document traffic noise levels within the
vicinity of the Uptown Newport Village, traffic noise modeling will be based
on the Federal Highway Administration's (FHWA) Traffic Noise Model and on
average daily roadway volumes provided by Kimley -Horn Associates. Short -
term noise monitoring will be conducted during the traffic peak hours to
obtain average noise levels in the project area and confirm modeling results.
Changes in ambient traffic noise levels at buildout of the project and from
cumulative growth in the region will be analyzed to determine if the project -
related traffic significantly increases the ambient noise environment or
contributes to significant cumulative noise increases.
18 PLANNING 13 THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE,,.
5. Scope of Work
The noise analysis will also describe changes in the noise environment
generated by conversion of existing land uses. Noise impacts from non -
transportation noise sources will be based on the noise limits of the City of
Newport Beach's Municipal Code.
The State Building Code requires that interior noise levels achieve 45 dBA
CNEL. The noise analysis will assess noise compatibility based on the City's
noise compatibility criteria of 65 dBA CNEL and state's interior noise standard
of 45 dBA CNEL
The noise analysis will provide an estimate of short -term noise and vibration
levels associated with construction activities. The level of significance will be
based on the magnitude of noise and vibration generated at adjacent noise -
sensitive receptors and the length of construction activities. Mitigation
measures that reduce construction Impacts will be identified, as necessary.
Deliverable(s):
— Noise Analysis, to be included as an appendix to the EIR
SUBCONSULTANT TECHNICAL STUDIES
The meeting and hearing attendance for technical subconsultants is detailed
under Task 9 under CEQA Tasks.
In accordance with the RFP, we will rely on the following technical studies
that will be provided by the project applicant.
• Hydrology and Drainage Studies
• Preliminary Water Quality Management Plan
• Geotechnical Investigation
• Phase I and 11 Environmental Site Assessment
• Health Risk Assessment
• Shadow Study Exhibits
The Planning CenterlDC &E's subconsultants will prepare the following
technical studies.
Biological Resources Assessment and Documentation
Cadre Environmental will prepare a biological resources assessment in
support of an EIR. The following scope of work is anticipated to be required
for the preparation of this technical document. The following tasks will be
conducted in a collective effort to characterize existing biological conditions,
determine the presence /absence of sensitive natural resources, and develop
documentation.
Biological Resources Assessment
Literature Review
An updated review of the current California Department of Fish and Game
Natural Diversity Database, California Native Plant Society's Electronic
Inventory of Rare and Endangered Vascular Plants of California, and United
THE PLANNING CENTER IDC &E- PROPOSAL- EIR FOR THE UPTOWN NEWPORT VILLAGE "IXED -USE DEVELOPMENT ��
States Fish and Wildlife Service sensitive species and critical habitat databases
will be conducted prior to initiating field investigations in order to identify
any potential threatened or endangered species and critical habitats known
to exist within and /or adjacent to the project site.
Habitat Assessment
Cadre Environmental will conduct a habitat assessment of the project site to
identify and map all potential nesting bird habitat. As noted in the Initial
Study prepared for the adjacent Uptown Newport Village project and
conducted by PBS&J in 2010, "Potentially Significant Impacts" may occur to
sensitive /migratory nesting and roosting birds as a result of project - related
impacts to existing trees. Therefore, based on the Immediate proximity and
similar constraints of the projects, all potential nesting bird habitat, including
the existing pond, will be classified and mapped using a GPS, and the findings
will be incorporated into a Geographic Information System (GIS) for use
during further environmental compliance /engineering analyses (State Plane
NAD83, Zone 11 — feet). All common and sensitive bird species observed
during the initial habitat assessment will be documented /mapped as
discussed below and addressed in the Biological Technical Report. Target
species and potential constraints include but are not limited to:
• Direct /Indirect Impacts to Sensitive Nesting /Roosting Birds
• Direct /Indirect Impacts to Migratory Nesting /Roosting Birds
Sensitive /Migratory Bird Species Surveys
Based on a review of the Initial Study prepared for the project site and known
sensitive bird species occurrences within the region, focused surveys for
resident and migratory bird species are recommended. Specifically, the
surveys will focus on characterizing species richness, habitat use (foraging,
roosting, and /or nesting), and estimated population numbers within the
project site. Cadre Environmental recommends that surveys be conducted
during the non- breeding and breeding season to credibly characterize
habitat usage. At least one comprehensive survey of all natural habitats (trees
and existing pond) located within and adjacent to the project site should be
conducted between both September 1st to January 31st and between
January 31 st to August 31st based on climatic conditions that provide for the
detection of all species present.
The location of all sensitive /migratory bird observations, territories, and
breeding status, including incidental observations of common species will be
mapped and illustrated in the Biological Technical Report. The report will
include a description of survey methodology, vegetation communities (trees)
documented onsite (including table of acreages), survey results indicating
location of all sensitive species documented onsite, compendia of all
common wildlife species documented onsite, and discussion of the existing
baseline bird population conditions (number of pairs, extent of territories,
breeding status, etc.). This report will be prepared according to accepted
scientific and technical standards and all other pertinent reviewing agencies
and organizations. To the extent possible within an inherently technical
2U PLANNING IS THINKING AND DOING SOME WING ABOUT THE PUIUHE N0W. LEPS CGLLABU(�ki�
5. Scope of Work
discipline, report language will be designed for understanding by the lay
reader.
Documentation (Biological Technical Report)
Draft Biological Technical Report
A Biological Technical Report (including supporting graphics) for use in the
preparation of an EIR will be prepared pursuant to the requirements of CEQA,
California Public Resources Code Sections 21000 et seq., CEQA guidelines,
Title 14, California Code of Regulations 15000 et seq., and the City of Newport
Beach's CEQA procedures. Specifically, text sections will include a discussion
of the environmental setting (vegetation communities, general and sensitive
floral /faunal species habitats, trees), significant direct /indirect and cumulative
impacts, and associated mitigation measures proposed to reduce impacts.
Response to Comments
Response to comments received during the public /agency circulation of the
Draft EIR (DEIR) will be prepared for all biological resource issues. Responses
will also be prepared for verbal comments received during public hearings.
Draft /Final EIR Review
All biological sections (including supporting graphics) for a Final EIR will be
updated based on public and agency edits and comments received during
the review process. Specifically, three drafts will be reviewed and updated -
DEIR I and 11, and Pre /print Review of DEIR.
Meetings /Coordination
This task includes participation in the meetings and hearings outlined in Task
9 of the CEQA Task. Presentation materials and meeting preparation efforts
will also be conducted, as needed, including but not limited to mapping and
Power Point presentations.
Deliverable(s):
— Biological Technical Report, to be included as an appendix to the EIR
Cultural Resources Assessment
Cogstone will prepare a cultural resources assessment in support of an EIR.
The following scope of work is anticipated to be required for the preparation
of this technical document.
Cultural resources under CEQA include paleontological, archaeological, and
historical resources. Cogstone will prepare a literature study to determine the
existence of previously recorded cultural resources within the project
boundaries plus a one -mile radius. Records pertaining to paleontology will be
searched at the Natural History Museum of Los Angeles County and in
published sources. Records pertaining to archaeology and history will be
searched at the South Central Coastal Information Center. The local historical
society and archives will be contacted for any additional information. A record
search for sacred lands will be requested from the Native American Heritage
THE PLANNIN'GCEMERIOC &E- PROPOSAL - EIR FOR THE UPTOWN NEWPORT VILLAGE MIXED -USE DEVELOPMENT 321
Commission. In addition, we will send subsequent letters to all Native
Americans the Commission recommends be contacted.
Background research is required in order to provide context. The cultural
resources technical report will include regulatory environmental, background,
and all results. In addition, project - specific management recommendations
will be provided.
Meetings /Coordination
This task includes participation in the kick -off meeting outlined in Task 9 of
the CEQA Task
Deliverable(s):
— Cultural Resources Technical Report, to be included as an appendix
to the EIR
Traffic Impact Analysis
As subconsultant to The Planning CenterlDC &E, Kimley -Horn and Associates,
Inc. (KHA) will prepare a traffic impact analysis in support of an EIR. The
following scope of work is anticipated to be required for the preparation of
this technical document.
Based on our review of the original proposal from Kimley -Horn, we
requested them to add to another scenario to their analysis. Because of
the long duration between phases (due to the long -term lease of the Jazz
facility), it is important to analyze an interim traffic phase after buildout
of the initial phase, Our cost estimate includes this analysis.
Scope of Services
1. KHA will participate in a project kick -off meeting outlined in Task 9 of
CEQA Tasks.
2. Obtain information from the project team regarding the existing and
proposed site uses, including land use and quantity of existing
development; and size, quantity, and layout of the proposed
development plan.
3. Conduct a site visit of the project area and document existing roadway
conditions on the roadways surrounding the project site.
4. Meet with City of Irvine representatives to introduce the project and to
discuss traffic study issues and requirements in the City of Irvine. All
subsequent tasks in this preliminary scope reflect our assumptions of the
study elements that will be needed to address Irvine issues. If different or
additional requirements are imposed after meeting with the. City of
Irvine, appropriate adjustments to the scope, schedule, and fee will be
made accordingly.
5. Develop project trip generation estimates for the proposed project using
the Institute of Transportation Engineers (ITE) Trip Generation publication
(8th Edition). Trip generation estimates will include the appropriate trip
credit for existing site uses that will be removed.
22 PLANNING IS 'I HINKING AND DDING SOMETHING ABDOI 'I HE FUTURE NOW. LEI's GOLLA"It.
5, Scope of Work
6. Develop trip distribution assumptions for the project traffic, based on
likely origins and destinations of project patrons, employees, and
residents. Input from the project applicant will be solicited for this task.
Project traffic will be distributed through the study intersections, and the
project traffic contribution to each intersection will be identified.
7. Project trip generation and trip distribution assumptions and analysis
methodology will be presented to City staff for review and concurrence
prior to proceeding with the analysis phase of the study.
8. Obtain TPO Committed Project information, including project trip
generation and distribution, from the City of Newport Beach. Where
necessary, develop trip distribution and assignment assumptions for
each committed project through the study intersections.
9. Obtain cumulative project information from the City of Newport Beach
and the City of Irvine. Develop trip distribution and assignment
assumptions for each cumulative project through the study intersections.
The Koll Center Newport project will be included in the cumulative
project list for the Uptown Newport Village.
10. Compile committed and cumulative project traffic volumes through all
study intersections.
11. Conduct a preliminary analysis to determine the extent of the traffic
study area, based on the City of Newport Beach TPO 1% analysis and
applicable environmental impact criteria. The following remaining tasks
will apply only to the study intersections that meet the 1 % criteria.
12. For budgeting purposes, it is assumed the study intersections will be
consistent the same study intersections included in the draft traffic study.
The study intersections include a total of 43 intersections, with a
combination of intersections in the Cities of Newport Beach, Irvine, and
shared intersections between the two cities. KHA and City of Newport
Beach staff will work with City of Irvine staff to confirm the study
intersections in the City of Irvine prior to proceeding with the analysis.
13. Current peak hour traffic data for the primary intersections in the City of
Newport Beach will be provided by the City of Newport Beach. It is
assumed that KHA will collect morning and evening peak hour traffic
data at the remaining study intersections, including the intersections In
the City of Irvine.
14. Intersection analysis of Newport Beach intersections will be conducted
using the Intersection Capacity Utilization (ICU) methodology, consistent
with the City of Newport Beach TPO requirements. Analysis of the City of
Irvine intersections will be conducted using the Irvine analysis
methodology.
15, For Caltrans intersections (intersections on a state highway), the
intersection analysis will also be conducted using the Highway Capacity
Manual (HCM) methodology as required by the Caltrans Guide for the
Preparation of Traffic Impact Studies.
THE PLANNING CENTER I DC &E - PROPOSAL- EIR FOR THE UPTOWN NEWPORT VILLAGE MIXED -USE DEVELOPMENT 23
33
16. Obtain information from the City of Newport Beach and the City of Irvine
regarding any committed intersection improvements planned to be
completed by one year afterthe project opening.
17. Summarize operating conditions at the study intersections for the
following scenarios:
a. Existing Conditions
b. Existing Plus Project
c. One Year after Opening – TPO Analysis:
I. Existing Plus Growth Plus Committed Projects
ii. Existing Plus Growth Plus Committed Projects Plus Project
d. One Year after Opening – CEQAAnalysis /nitia /Phase.
I. Cumulative Conditions
ii. Cumulative Conditions Plus Project
e. One Year after Opening – CEQAAnalysis ProjectBui/dout
I. Cumulative Conditions
ii. Cumulative Conditions Plus Project
18. Identify project impacts and any mitigation measures, if necessary. If
mitigation is required, a conceptual drawing of the recommended
improvement will be provided. For budgeting purposes, it is assumed
that record drawings of any study intersection will be available from the
City, and that a mitigation concept plan will be prepared for up to four
study intersections. If additional mitigation concept plans are required,
an additional fee of $750 per intersection will be required. This task will
also include preliminary cost estimates and project contribution
percentages for each of the mitigated intersections.
19. Conduct an analysis of the project's impacts on freeway mainline, merge
lanes, and ramp facilities in the project study area—specifically, 1-405 (San
Diego Freeway), SR -55 (Costa Mesa Freeway), and SR -73 (Corona del Mar
Freeway).
20. Evaluate the proposed parking supply to determine whether it will meet
City of Newport Beach parking requirements. KHA will provide
recommendations based on shared parking synergies for the mixed -use
components of the site.
21. Provide recommendations on measures to reduce the occurrence of non -
project traffic cutting through the development.
22. Prepare traffic signal warrant analysis at the unsignalized study
intersections using the current MUTCD method for projected daily traffic
or peak hour traffic volumes.
23. Prepare a draft traffic impact study documenting all data, analyses,
results, and conclusions to be submitted to the City of Newport Beach.
24 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABOORRAT�,
5. Scope of Work
24. Review the draft transportation section of the Screencheck EIR. One
review and mark -up is assumed.
25. Respond to consolidated project team comments on the draft traffic
study to the extent that no new data collection and /or analyses are
required. A total of up to 16 hours is assumed. Responses requiring a
greater amount of time, or requiring additional data collection and /or
analyses will be completed for an additional fee to be negotiated prior to
initiating additional responses or analysis.
26. Prepare a final traffic study incorporating responses to comments made
on the draft traffic impact study report.
27. Respond to traffic - related public comments on the draft transportation
section of the Draft EIR, to the extent that no new data collection and /or
analyses are required. A total of up to 24 hours is assumed. Responses
requiring a greater amount of time, or requiring additional data
collection and /or analyses will be completed for an additional fee to be
negotiated prior to initiating additional responses or analysis.
28. KHA will participate in the meetings and hearings outlined in Task 9 of
the CEQA Task.
29. Evaluate Construction Traffic:
a. Obtain information from the Project Applicant regarding planned
construction activities, including:
I. Type and quantity of construction vehicles,
H. Size construction crew,
iii. Planned staging areas for construction equipment,
iv. Parking provisions for construction workers,
v. Magnitude of grading cut or fill,
vi. Amount and duration of grading, demolition, and construction
activities,
vii Planned haul routes, and
viii Other information relevant to construction - related traffic
impacts.
b. Quantify the amount of construction - related traffic associated with
the project, based on the information provided. The construction
schedule and program will be reviewed to determine if significant
traffic, pedestrian, or parking - related impacts will occur during the
construction activities for the proposed project. The City's standard
regulatory requirements regarding construction traffic management,
schedules, and operations will be described.
30. Provide an analysis of alternative travel modes, including current and
proposed public transit service and amenities in the project area;
pedestrian facilities currently In place and proposed or recommended for
the project; area -wide bicycle plans, and on -site bicycle facilities currently
in place or recommended for the project.
THE PLANNING CENTER I OCM -PROPOSAL - EIR FOR THE UPTOWN NEWPORT VILLAGE MIXED-USE OEVELOPM ENT �op
26
Notes
+ Tasks 1 through 23 were substantially completed for the Conexant (Uptown
Newport Village) portion of the project, and a draft traffic study was
submitted in August, 2010. Some of the products produced as a result of
the efforts expended for these tasks can be used for the new effort, as
explained below.
— All existing conditions descriptions (roadways, intersections, transit
routes, etc.) will be confirmed and updated, as necessary, to reflect
current conditions.
— New traffic count data will need to be collected.
— All information for Committed and Cumulative Projects will need to
be updated to reflect current conditions.
— The analysis software network and structure will be retained. All
analysis inputs will need to be updated to reflect new baseline data.
— For Task 17, the impact analysis will address traffic conditions for
Phase 1 and Phase 2 of the Uptown Newport Village project.
— The templates for the technical tables and figures will be retained.
Each table and figure will be revised, as necessary, to reflect updated
data and results.
— The report format and text will be substantially retained, with
revisions, as necessary, to reflect updated data and results.
— For budgeting and cost savings purposes, it is assumed that the five
project meetings will be combined meetings with the Koll Center
Newport project, and that Kimley- Horn's attendance at public
meetings or hearings for the Uptown Newport Village project will be
reduced to three.
All remaining tasks were either not completed, or the efforts or results of
the tasks from the prior effort cannot be applied to the current effort.
The proposed fee assumes that Kimley -Horn will work with the project
team on this project concurrently with the Koll Center Newport project, and
that efficiencies and cost savings will be realized by coordinating certain
efforts for the two projects. For example, it is assumed that both studies will
have the same study area and study intersections, that the Opening Year
will be the same for both, and that the TPO Committed Projects and the
CEQA Cumulative Projects lists will be the sarne for both.
If one or the other of the projects is cancelled or delayed such that work
efforts do not take place in generally the same timeframe, or the
assumptions stated above are no longer applicable, then the fee for each
project will be adjusted accordingly.
The proposed fee is based on specific assumptions about the scenarios to
be analyzed, the number of meetings Kimley -Horn will participate in, the
number of report review and revisions, and the number of hours required
to respond to public comments to the EIR Transportation section. If
additional issues not covered here are raised for analysis, or if Kimley -Horn
is required to attend additional meetings, or if additional hours are required
to address City and public comments, an additional authorization will be
required.
Deliverable(s):
— Traffic Impact Analysis, to be included as an appendix to the EIR
PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW, LET'S COLLABORATE.
so
PROJECT COST ESTIMATE
Uptown Newport Village - EIR (updated 8/31/11)
THE PLANNING CENTER
City of Newport Beach
Billing Rate:
Role:
Title:
TASK /SUBTASK DESCRIPTION
$180
Hadfield
Dlr.IPM
$170
Clendening
$165
Fitzgerald
$120
Estrada
$120
Vermilion
$100
C. Kim
$85
Vang
$85
Milroy
$85
Boyer
$80
Nakama
$95
_Froelich_
$80
Munoz
$75
Staff
Total
Hours
TotaI TPC Costs
Subconsultant
s
TOTALBUDGET
ESA
_
HRA
Asst PM
Sr. Planner)
Scientist/ Designer
1
NolselA01 GHG
Shadel Shadow
Asst. PMINoiselAO
Asst PInJCEOA
Asst Pin. ICEOA
Graphics
Editor
word Proc.
Clerical
P rincipal
Team Leader/
Director
Sr. Planner)
Scientist/ Designer
II
Assoc. Planner)
SclengsODesignerll
Assoc. Planner)
Sciemist/ Designeri
Asst Planner)
Scientist/ Designer ll
Asst Planner/
Sclengstf Designer
1
GISICAD operator
II
Graphic Artist
Technical Editor
Word Processor
Cledcall Admin
a. .
Task 1 Project Initiation
Data Collection /Site Visit
4
8
4
16
$2,020
$2,020
Kick Off Meeting
4
4 1
4 1
1
1
1
12 1
$1,6801
1
$1,680
Subtotal Task 1- Project Initiation
8
0
0
12
4
0
0
0
4
0
0
0
0 1
28 1
$3,700
$0
$3,700
Task 2 Initial.5tudy /NOP
Initial Study
8
6
20
8
4
6
1
52 1
$5,360
1
$5,360
Notice of Preparation
2
4
4
1
10 1
$1,1801
1
$1,180
Subtotal Task 2- IS /NOP
10
0
0
10
0
D
0
24
0
8
4
6
0 1
62 1
$6,540
$0
$6,540
Task 3 Public Scoping Meeting
Public Scoping Meeting (incl material prep)
4
8
1 12 1 $1,680 1 $1,680
Subtotal Task 2- Scoping Meeting
4
0
0
8
0
0
0
0
0
0
0
0 0 12 $1,680 $0 $1,680
Task ADEIRI &II
Task 4.1 ADEIR I
Project Desc /Setting /Summary (includes phases)
8
14
16
38
$4,480
$4,480
Aesthetics (incl Shade /Shadow)
8
20
28
$3,840
$3,840
Air Quality /GHG /energy (tech study below)
4
12
16
$2,160
$2,160
Biological Resources
2
8
10
$1,040
$1,040
Geotechnical
4
16
20
$2,080
$2,080
Hazards /Hazardous Materials (HRA peer review below)
8
8
8
24
$3,440
$3,440
Hydrology and Water Quality
4
24
28
$2,7601
$2,760
Land Use and Planning
12
20
32
$4,560
$4,560
Noise (tech study below)
4
4
$720
$720
Population & Housing
4
32
36
$4,560
$4,560
Public Services
4
8
32
44
$4,400
$4,400
Recreation
2
12
14
$1,800
$1,800
Transportation/Traffic
12
1
1
1 36
48
$5,220
$5,220
Utilities & Service Systems
4
16
20
$2,080
$2,080
Project Alternatives
24
24
16
1
1 64
1 $8,5601
$8,560
Misc. Chapters (Intl Growth Inducing Impacts /Significant
Irreversible Impacts)
2
2
16
20
$1,960
$1,960
Graphia /Editing/WP
40
48
48
12
148
$12,500
$12,500
Subtotal Task 4.1 -ADEIR 11
106
0
8
132
12
0
52
1 88
48
40
48
48
12
1 594
1 $66,160
$0
$66,160
Review /Revisions Round 1
12
8
8
8
1 36
1 $4,4801
1 $4,480
Review /Revisions Round 2
6
6
4
4
_
20
1 $2,4801
1 $2,480
Subtotal Task 4.1 -ADEIR II
18
0
0
14
0
0
12
12
0
0
0
0
0
56
$6,960
$0
$6,960
Subtotal Task 4 -ADEIR I & II
124
0
8
146
12
0
64
100
48
40
48
48
12
1 650
$73,120
$0
$73,120
Task 5 Pre -Print and Draft EIR
Pre -Print EIR (final revisions /review) /Draft
2
8
4
12
12
1 38
1 $3,7401
$3,740
NOA
1
4
1
1
1 7
1 $835
$835
Subtotal Task S- Pre -Print & Draft EIR
3
0
0
12
0
0
0
0
0
4
13
13
0
1 45
1 $4,575
$0
$4,575
Task 6 Final EIR - RTC /Errata
RTC
30
8
32
4
12
6
8
100
$13,2501
1 $13,250
Revisions to DEIR
8
12
2
4
26
$3o4601
1 $3,460
Subtotal Task 6 -Final EIR
38
0
8
44
6
0
16
6
8
0
0
0
0
1 126
1 $16,710
$0
$16,710
Task 7 Mitigation Monitoring & Reporting Program
MMRP
1 2 7 2 11 1 $1,4401 1 $1,440
Subtotal Task 7- MMRPj
2 1 0 0 7 2 0 0 0 0 0 0 0 0 1 11 1 $1,440 $0 $1,440
S7
PROJECT COST ESTIMATE
Uptown Newport Village - EIR (updated 8/31/11)
THE PLANNING CENTER
City of Newport Beach
Billing Rate:
Role:
Title:
TASK /SUBTASK DESCRIPTION
$180
Hadfield
$170
Clendening
$165
Fitzgerald
$120
$120
Vermillon
$100
C. Kim
$85
Vang
$85
Milroy
$85
Boyer
$80
Nakama
$95
Froerich
$80
Munoz
$75
Staff
Total
Hours
Total TPC Costs
Subconsultant
s
TOTAL BUDGET
_
Oir1PM
ESA
_
HRA
_Estrada
Asst. PM
NoiseIAOIGHG
Shaded Shadow
ASSL PMINoIselAO
Asst. PInJCEQA
Asst Pin..ICEQA
Greenlee,
Editor
Word Proc.
Clerical
Principal
Team Leaded
Director
Sr. Planner/
Sclentlslf Designer
II
Sr. Planner/
Scientist] Designer
1
Assoc. Planner)
Sclentlst/Designerll
Assoc. Planner)
Scientist] Designer l
Asst Planner/
ScrntisVDesignerll
Asst. Planner)
Scientist/ Designer
I
GISICAD Operator
II
Graphic Artist
Technical Editor
Word Processor
Clericall Admin
Task FOF /SOC /NOD
FOF and Statement of Overriding Considerations
8
1 j 2
1 I i
$65
Other
16
I
I I I
� � I
24
$2,800
$2,800
NOD
1
I
$225
3
1
I
I I I
$2,839
Mileage (at IRS approved rate_) (10 trips @16 mi rd. trip)
1 $540
Subtotal Task 8- FOF /SOC /NOD
9
0
0
3
0
0
0
0
16
0
0
0
0
24
$3,340
$0
$2,800
Task Meetings /Hearings
City Coordination Meetings (6)
!
$23,274
18
9
9
36
$5,130
$5,130
Public Meetings (2)
8
8
1 16
1 $2,2801
1 $2,280
Subtotal Task 9- Meetings/Hearingsl
0
0
26
9
17
0
0
0
0
0
0
0
0
1 52
1 $7,410
$0
$7,410
Task 10 Project Management
Project Management
1 52 78 _ 130 _ $18,720 $18,7
Subtotal Task 10 - Project Management
52 0 0 78 0 0 0 0 0 0 0 0 0 130 $18,720 $0 $18,720
CEQA TASKS TOTAL LABOR
250
0
42 329
41
0
80
130
76 52 65 67
12
1,140 1 $137,235 $0 $136,695
The Planning Center
Air Quality /GHG
Health Risk Assessment (peer review only)
Environmental Site Assessment (peer review only)
Noise
64
10
74
$8,530
$8,530
8
8
$1,320
$1,320
4
4
1
$680
$680
46
8
54
$6,200
$6,200
Subtotal TPCIDC &E Technical Studiesl
0
1 4
1 8
1 0
1 110
0
18
0
0
0
0
0
0
1 140
1 $16,730
$D
$16,730
Subconsultants (billed at cost+ 30 %)
Cadre(Bio)
Cogstone (Cultural)
Kimley -Horn (Traffic)
1 0
1 $0
$6,4801
$7,128
1 0
1 $0
$8,7271
$9,600
1 0
1 $0
$55,1701
$60,687
Subtotal Technical Studies - Subconsultants
0--T----6-
0
0
1 0
1 0
0
1 0
1 0
1 0
0
0
0
0
0
1 $0
$70,3771
$77,415
TECHNICAL STUDIES TOTALS
0
4
8
0
110
0
18
0
0
0
0
0
0
1 140 1 $16,7301 $70,377
$94,145
0 °%
3%
6%
0%
79%
0%
13%
0%
0%
0%
0%
0%
0%
100% /< ..:; %r- i', / /', ^•. „;< -.
N/A
$153,9651 $70,377
$230,840
Labor Subtotal
$230,840
Reimbursable Expenses (includes 10% mark -up)
$23,274
GRAND TOTAL $254,114
1) Traffic budget includes reimbursable expenses and intersection counts.
BREAKDOWN OF REIMBURSABLE EXPENSES
The Planning Centerl DC&E
Overnight Certified
520 $5
Initial Study Draft EIR DEIR Appendices Final EIR FOF &SOC MMP CDs
$50 $150 .$150 $1GO 575 $25 $10
Report Reproduction
_Initial Study
31
501 52
$2,920
Draft EIR
_
31
50 68 11
67-_, I
$11,330
Final EIR
31
_
SO! SOF
2 I
$5,330
FOF & SOC
_
I
1' 1 2!
2' I
$175
Mitigation Monitoring Program
1 j 2
1 I i
$65
Other
I
I I I
� � I
County Filing Fees ($75 each: NOP, NOA, and NOD)
j I
I I I
I
$225
California Department of Fish and Game Fee ($2,839.25)
I
I I I
$2,839
Mileage (at IRS approved rate_) (10 trips @16 mi rd. trip)
Miscellaneous Copies
I
I
5300
I I I
Subtatal
!
$23,274
2) The reimbursables budget is an estimate only and will be billed at cost plus 10 %. If additional copies are requested by the City, they will be billed at cost plus 30% and are extra to contract.
j
U
�eJ
U
7 . Cost Estimates
i
The Planning CenterIDUE
2011 Standard Fee Schedule
Staff Level
Hourly Rate
Principal
$200 -$250
Director ream Leader
$140 -$225
Sr. Planner /Scientist/Designer 11
$135 -$215
Sr. Planner /Scientist/Designer 1
$115 -$155
Associate Planner /Scientist/Designer If
$105 -$130
Associate Planner /Scientist/Designer 1
$95 -$110
Assistant Planner /Scientist/Designer II
$80 -$100
Assistant Planner /Scientist/Designer 1
$60 -$80
GIS/CAD Operator 11
$100 -$135
GIS /CAD Operator 1
$904105
Graphic Artist 11
$85 -$130
Graphic Artist 1
$75 -$95
Planning TechnfcianAntern
$60 -$80
Technical Editor
$95 -$100
Word Processing
$75 -$85
Clerical /Administration
$60 -$100
Third -Party CEQA Review
$225
Expert Witness
2 x Normal Hourly Rate
Other direct costs are billed at cost plus 10%.
Mileage reimbursement rate is the standard IRS - approved rate.
THE PLANNING CENIERIDCM — PROPOSAL — El FOR THE UPTOWN NEWPORT VILLAGE MIXED -USE DEVELOPMENT
29
39
IN
City Council
Attachment B
Professional Services Agreement with the
Planning Center for Koll Center Newport Mixed -
Use Development
41
42
PROFESSIONAL SERVICES AGREEMENT WITH
THE PLANNING CENTER/DC &E
FOR ENVIRONMENTAL ANALYSIS
FOR THE KOLL CENTER NEWPORT MIXED USE DEVELOPMENT
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this day of September, 2011 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and The Planning
Center /DC &E, a California corporation ( "Consultant'), whose address is 1580 Metro
Drive, Costa Mesa, California 92626 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 Council approved an Integrated Conceptual Development Plan (ICDP) for
the redevelopment of 12.7 acres of land known as Koll Center Newport. The
Consultant will be preparing environmental documents for the applicant that will
analyze the proposed regulatory plan and development agreement intended to
implement the ICDP.
C. City desires to engage Consultant to ensure that the environmental review
process is carried out in accordance with the California Environmental Quality
Act ( "CEQA ") ( "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 July 5, 2012 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
43
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.1.1 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.
3.2 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 Consultant will be paid by the applicant under a deposit account 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 within Exhibit B and
incorporated herein by reference. Consultant's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subconsultant
fees, shall not exceed Three Hundred Twenty -Nine Thousand Three Hundred
Eighty Dollars and no /100 ($329,380.00) without prior written authorization from City.
No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 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:
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44
4.3.1 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.
4.3.2 Approved reproduction charges.
4.3.3 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.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated 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.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
Rosalinh Ung, Associate Planner or her designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or her authorized representative shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 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.
The Planning Center -Koll Page 3
45
7.1.2 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 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
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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, sub - consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
The Planning Center -Koll Page 4
40
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.
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
14.1 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.
14.2 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
The Planning Center -Koll Page 5
47
during the term of this contract. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
14.2.1 Consultant shall procure and maintain for the duration of the
contract 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 proposal.
44.3 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.
14.4 Coverage Requirements.
14.4.1 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.
14.4.1.1 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.
14.4.1.2 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.
14.5 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:
14.6 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 accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
The Planning Center -Koll Page 6
42
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements.
. 14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions:
14.8.1.1 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, 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.
14.8.1.2 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.
14.8.1.3 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.
14.8.1.4 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.
14.9 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.
14.10 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 -
The Planning Center -Koll Page�7
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
17.1 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.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted version of
Microsoft Word, Excel or portable document format (.pdf).
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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 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.
The Planning Center -Koll Paae19
25. CONFLICTS OF INTEREST
25.1 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.
25.2 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
26.1 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:
Attention: Rosalinh Ung, Associate Planner
Community Development Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3208
Fax: 949 - 644 -3229
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attention: JoAnn Hadfield
The Planning Center /DC &E
1580 Metro Drive
Costa Mesa, CA 92626
Phone: 714 - 966 -9220
Fax: 714 - 966 -9221
27. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in this Agreement, the Consultant shall be required to file any
claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
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28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 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.
29. STANDARD PROVISIONS
29.1 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.
29.2 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.
29.3 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.
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29.4 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.
29.5 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.
29.6 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.
29.7 Severabilitv
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.
29.8 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.
29.9 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.
29.10 No Attorney's Fees
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorney's fees.
29.11 Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
The Planning Center -Koll Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
AS TO FORM: CITY OF NEWPORT BEACH,
ITY ATTORNEY A California municipal corporation
Date:
By:
Assistant City Attorney
ATTEST:
Date:
By: _
Leilani I. Brown
City Clerk
Mayor
CONSULTANT. THE PLANNING CENTER,;
a California corporation
Date:
By:
William Halligan
Vice President, Environmental Services
Date:
By:
Keith McCann
Chief Financial Officer
Attachments: Exhibit A - Scope of Services .
Exhibit B - Schedule of Billing Rates
The Planning Center -Koll
Page 13
55
Exhibit "A"
The Planning Center -Koll Page 14
50
5® Scope of Work
CEQA TASKS
The Koll Center Newport EIR will meet all the requirements set forth in the
California Environmental Quality Act (Public Resources Code 21000 et seq.)
and the State CEQA Guidelines (California Code of Regulations, Section 15000
et seq). Specific tasks are as follows:
Task 1 Project Initiation /Kickoff Meeting
This task will include:
+ Data Collection and Review — we will review available materials, including
reports prepared for the Uptown Newport Village project.
+ Site Visit — we will conduct a site visit and take photos of the site and
surrounding areas.
+ Kick -off meeting - Our Project Manager, Assistant Project Manager, and
representatives from each of our technical consultants will attend a project
kickoff meeting at the City to discuss the proposed project and confirm the
project approach, scope, and schedule. This discussion should include
known issues and opportunities as observed by City planning staff and the
consultant team.
Task 2 Initial Study Review /Notice of Preparation
Initial Study
The Initial Study will include a comprehensive project description and analyze
each topical area of the CEQA Appendix G checklist, plus Energy, as follows.
• Aesthetics
• Agriculture /Forest Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Geology /Soils
• Greenhouse Gases
• Hazards /Hazardous Materials
• Hydrology/WaterQuality
• Land Use & Planning
• Mineral Resources
• Noise
• Population & Housing
• Public Services
• Recreation
• Transportation/Traffic
• Utilities and Service Systems
• Energy (CEQA Guidelines Appendix F)
Findings will be clearly substantiated for each checklist question to conclude
that impacts are less than significant or less than significant as mitigated. At
this time it is anticipated that the only CEQA topic that will be eliminated from
further review (and not carried through to the EIR) will be Agricultural /Forest
Resources and Mineral Resources.
THE PLANNING CENTER I OC &E -PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT AIIXED -USE DEVELOPMENT i l
57
Notice of Preparation
The Planning Center will prepare the draft Notice of Preparation and submit it
for review and approval by the City. After City approval of the NOP, The
Planning Center will copy and distribute the NOP and Initial Study to state
and local agencies, surrounding property owners, and other special interest
groups or individuals identified by the City. The NOP will clearly identify the
time period, contact person, and address established for submitting
responses.
Deliverable(s):
— 2 hard copies and I electronic copy of the Draft NOP/Initial Study
— Up to 50 hard copies of the NOPAS for distribution
— Certified mailing to agencies and general public
— Certified mailing to State Clearinghouse for circulation to state
agencies
Task 3 Public Scoping Meeting
The Planning Center will assist the City in organizing and conducting one
public scoping meeting to present the preliminary environmental impacts of
the proposed project and to solicit comments regarding the scope and
content of the environmental issues to be addressed in the EIR. At the
meeting, we will be prepared to discuss the environmental review process
and to answer specific questions, as desired by the City. It is recommended
that the scoping meeting be held as soon as possible after the release of the
NOP, so public concerns about environmental issues can be identified.
Deliverable(s):
— Preparation and participation at scoping meeting
— Scoping meeting agendas and record of comments
— Public handouts of CEQA flow chart, exhibits, PowerPoint slides,
questionnaires (up to 50 copies)
Task 4 Administrative Draft EIR I and II (ADEIR I & Ip
Prior to preparation of the ADEIR, we will submit a comprehensive project
description and EIR outline for review and approval by the City. A project -
level EIR will be prepared and include the following sections in accordance
with the CEQA Guidelines:
• Executive Summary
• Introduction
• Project Description
• Environmental Setting
• Discussion of Existing Conditions,
Environmental Impacts, and Mitigation
Measures
• Cumulative Impacts
• Consideration of Significant Effects
• Project Alternatives
• Organizations and Persons Consulted
• Other CECIA-Mandated Sections
12 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE.
5. Scope of Work
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 (thresholds), (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
conservative scenario approach will be followed for all analyses included in
the EIR.
As indicated above, it is anticipated that all CEQA topical sections with the
exception of Agricultural /Forest Resources and Mineral Resources will be
carried through and included in the ADEIR. Analysis and findings of technical
studies will be incorporated into the EIR. Technical study scopes are described
under Technica /Studies Complete technical studies (for stand -alone reports)
and supporting modeling information (Air Quality, Noise, GHG inventory) will
be included in the EIR appendices.
As required by the City of Newport Beach, the ADEIR will include the analysis
of General Plan policies as applicable to the proposed project in the Land Use
and Planning section.
Consideration of Significant Effects: As required by CEQA, the EIR will
Identify and focus on the significant effects of the project, and include the
following discussions as required by CEQA Guidelines Section 15126.2:
• Effects Not Found to be Significant
• Significant Unavoidable Impacts
• Significant Irreversible Changes
• Growth- Inducing Impacts
Alternatives to the Proposed Project: Alternatives to the proposed project
will be defined and analyzed in compliance with Section 15126.6 of the CEQA
Guidelines and with consultation with City staff. 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.
Analyses of up to three alternatives, including the "No Project," will be
conducted. As designed to reduce or eliminate any significant impacts,
alternatives may include construction phasing alternatives, land use
modifications, and depending upon the timing of the Uptown Newport
Village project, may be structured to include alternatives that also address
alternatives to that project. Alternatives that were considered but eliminated
from further consideration will also be documented. The environmentally
superior alternative will be identified; if it is either No- Project Alternative, then
one of the development alternatives will be identified as environmentally
superior to the others.
THE PLANNING CENTERIOCEF. I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DEVELOPMENT 13
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Our scope of work includes two round of review of the ADEIR.
Deliverable(s):
— 2 hard copies and 1 electronic copy of Draft Project Description and
EIR Outline
— Up to 8 hard copies with technical appendices on CDs of ADEIR I
— Up to 8 hard copies with technical appendices on CDs of ADEIR 11
Task 5 Preprint and Draft Environmental Impact Report (DEIR)
The Planning CenterJDC &E will incorporate City comments on the two round
of review of the ADEIR. Upon approval of the second set of revisions, we will
forward the Preprint Draft EIR for final review before publication. Upon
approval we will prepare the Notice of Completion (NOC) for City approval
and signature. We will also prepare the Notice of Availability (NOA) for City
approval for distribution by the City and publish and distribute the DEIR per
the mailing list to be developed in consultation with the City.
Deliverable(s):
— Up to 2hard copies with technical appendices on CDs of the Preprint
Draft EIR
— Up to 50 hard copies with technical appendices on CD of the Draft
EIR
— Preparation of the NOA and NOC
— Certified mailing of up to 50 copies of the Draft EIR to recipients on
the approved distribution list and State Clearinghouse
— 1 copy of the Draft EIR in an acceptable web - friendly format for the
City's website
— 1 hard copy of all technical reports
Task 6 Final EIR - Response to Comments /Errata
Response to Comments received on the Draft EIR will be prepared in
accordance with CEQA Guidelines Section 15089. Following receipt of all
comments on the Draft EIR, written responses will be prepared for each
comment. A Response to Comments section will be created for the Final EIR
and will contain an introduction describing the public review process for the
Draft EIR, copies of all comment letters and minutes from public meetings
where oral comments were taken, and written responses to all comments.
Responses will foals on comments that address the adequacy of the Draft EIR.
Comments that 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 CenterlDC &E with input from our
technical specialists, as needed.
As noted in the RFP, an estimate of up to 100 hours of professional time to
respond to comments has been included (including subconsultant hours).
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. Modification to the scope of
work, budget, and time frame may be necessary if comments received from
PLANNING IS THINKING AND DOING SMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE.
Mi 0
5. Scope of Work
agencies or the general public require substantially increasing the scope of
impacts and issues addressed in the EIR.
The Final EIR will also include any revisions, updates, or corrections needed to
respond to comments or address minor errors in the Draft EIR.
The Planning Center will revise the Responses to Comments based on
revisions provided by the City. Responses to Comments from responsible
agencies will be distributed a minimum of 10 days prior to consideration of
the Final EIR by the City Council.
Deliverable(s):
— Up to 50 hard copies of the Final EIR - Response to Comments /Errata
— Distribution of the Response to Comments to Commenting Agencies
— 2 hard copies of the Final EIR (Draft EIR, Response to
Comments /Errata, and Technical Appendices [on CD]). MMRP as
described below to be included in this deliverable
Task 7 Mitigation Monitoring and Reporting Program
An MMRP will be prepared, pursuant to Section 21081.6 of the Public
Resources Code. It will be presented in standard City format and will 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.
Deliverable(s):
— 2 hard copies and 1 electronic copy of MMRP
Task 8 Findings of Fact and Statement of Overriding Considerations and
NOD
The Findings of Fact will be prepared consistent with the requirements of
CEQA. The draft Findings of Fact and MMRP will be distributed to the City for
review and comment. If required, we will prepare a Statement of Overriding
Considerations (SOC) for the project, consistent with the requirements of
CEQA.
Notice of Determination: A draft Notice of Determination (NOD) will be
prepared for review by the City. After the City takes action certifying the Final
EIR and approving the project, the NOD will be filed with the Office of
Planning and Research (OPR) and the Orange County Clerk. The Planning
CenterlDC &E will prepare and file the CDFG fee.
Deliverable(s):
— 2 hard copies and 1 electronic copy of the Draft Findings of Fact and
Statement of Overriding Considerations
— Notice of Determination and CDFG filing
— 1 set of compact discs of the Notices, Initial Study, Final EIR and
Findings of Fact in Word and appendices
THE PLANNING CENTER DC&E I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DE+fELOP64ENT 01 15
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Task 9 Meetings /Public Hearings
In accordance with the RFP, our scope of work includes our attendance at the
following meetings and public hearings:
The Planning CenterlDC &E
+ Kickoff meeting — Attendance by our PM, Asst. PM, and AQ /Noise specialist
(cost included in Task 1)
+ Up to 6 additional City staff /team coordination meetings (PM and either
Asst PM or AQ /Noise specialist)
+ 1 Public Scoping Meeting (PM and Asst. PM, cost included in Task 3)
+ 2 Public Meetings (PM and AQ /Noise specialist)
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.
Subconsultant Meeting Attendance
The scope of work for each of our technical subconsultants is detailed in the
following section. For clarity, however, the assumed meetings /hearings for
each subconsultant are as follows:
• Cadre Environmental (biological resources): Kick -off meeting, 1 City staff
coordination meeting, and 2 public meetings (JOANN TO CLARIFY)
• Cogstone Resource Management (cultural resources): Kick -off meeting
• LGC Geotechnical (geotechnical /soils resources): Kick -off meeting, 2 City
staff coordination meetings, and 2 public meetings
• Hall & Foreman (civil engineering /hydrology, WQMP, water and sewer,
grading) — Kickoff meeting, 3 City staff coordination meetings, 2 public
meetings
• Klmley Horn (transportation /traffic): Kick -off meeting, public scoping
meeting, 5 City staff coordination meetings (combined Koll Center /Uptown
Village meetings), 2 public meetings.
Task 10Project Management
The Planning Center will coordinate closely with the City to ensure that the
EIR and associated documents are legally defensible, accurate, and useful to
decision makers when considering the approval of the project. Project
management responsibilities include: task scheduling and assignment;
management of resources; monitoring of costs and schedule adherence;
management and coordination of subconsultants, including contract
administration and accounting; consultation and coordination with local and
state entities relative to the environmental review process; and coordination
and communications with the City's project team to ensure compliance with
policies, procedures, and any applicable codes. This task also includes the
activities detailed under Section 4, Coordination. This task is based on an
PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE.
02
5. Scope of Work
estimated hours /week for the estimated schedule in this proposal for the
Project Manager and Assistant Project Manager. If this schedule is extended
beyond the control of The Planning CenterJDC &E, a budget augment may be
requested for this task.
TECHNICAL STUDIES
The following technical studies are all required to support preparation of the
Program EIR. We have categorized the studies by those to be prepared by The
Planning Center I DC &E and by subconsultants to our firm. Per the direction of
the City we have identified those studies for which the applicant will have the
option to retain the consultant directly. As such these studies are identified as
"optional." The Cost Estimate provides detailed costs and subtotals for the
technical studies with and without the optional studies.
THE PLANNING CENTERIDC &E
Air Quality Analysis
We will prepare an air quality analysis for construction and operational
activities associated with the Koll Center Newport. The air quality analysis will
be based on the current methodology of the South Coast Air Quality
Management District (SCAQMD) for projects within the South Coast Air Basin
(SoCAB), and modeling files will be included as an appendix to the EIR. The air
quality analysis will provide an estimate of short -term and long -term criteria
air pollutant emissions using SCAQMD's most recent computer model,
CaIEEMod. Criteria air pollutant emissions will be compared to the SCAQMD's
regional significance thresholds for the project's construction and operational
phases. Average daily trip generation provided by Kimley -Horn Associates will
be incorporated into the CalEEMod program for the project's operational
phase. The construction phase regional emissions inventory will be based on
the construction phasing and schedule, preliminary equipment list,
demolition volumes, and soil export for remediation activities developed for
the Koll Center Newport provided by the Koll Company. Localized air
pollution impacts from construction equipment exhaust and fugitive dust will
be compared to SCAQMD's screening -level localized significance thresholds
(LST) for their potential to elevate concentrations of air pollutants at the
adjacent residential areas surrounding the project site. Consistency of the
project's regional emissions will also be evaluated against the SCAQMD Air
Quality Management Plan. Mitigation measures that reduce impacts will be
identified, as necessary.
Deliverable(s):
— Air Quality Analysis, to be included as an appendix to the EIR
Health Risk Assessment (optional)
The California Air Resources Board (CARE) and the California Air Pollution
Control Officer's Association (CAPCOA) have adopted guidelines for siting
new sensitive receptors near major sources of pollution, including high
volume roadways and industrial land uses. The project site is within 1,000 feet
of several major sources of toxic air contaminants. Based on a review of data
THE PLANNING CENTF.RInCAF I PROPOSAL PREPARATION OF AN EIR FOR THE W.I. CENTER NFWPORT MIXED -USF DFVFLnPMENT 17
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obtained through SCAQMD's Facility Information Database (FIND), the
proposed project would be adjacent to Jazz Semiconductor, Inc. Pursuant to
recent comment letters submitted on environmental documents by
SCAQMD, a health risk assessment (HRA) will be conducted for the project to
determine if onsite sensitive receptors would be exposed to excessive
concentrations of toxic air contaminants. The HRA will assess emissions from
that facility and any other potentially significant facilities. The HRA will be
conducted in accordance with agency recommended protocols. The HRA will
describe potential impacts (cancer risk, chronic health risk, and /or acute heath
risk) from proximity to major stationary sources within 1,000 feet of the
residential buildings and outdoor recreational areas. Mitigation measures will
be incorporated as necessary.
Deliverable(s):
— Health Risk Assessment, to be included as an appendix to the EIR
Greenhouse Gas Emissions Analysis
Pursuant to the recently revised CEQA Guidelines (effective March 18, 2010)
and the latest methodology proposed by SCAQMD, the Planning
CenterlDC &E will quantify project- related GHG emissions using SCAQMD's
CaIEEMod program. CaIEEMod calculates GHG emissions from transportation
sources, area sources (landscaping fuel, architectural coatings, consumer
products), energy sources (natural gas consumption, energy use), water and
wastewater, waste, and vegetation. In addition, total GHG emissions from
construction activities will be amortized into the project GHG emissions
inventory.
The GHG analysis will also discuss potential global climate change impacts,
the effects of GHG emissions, and history of GHG emissions regulation in
California. SCAQMD's new CalEEMOd program calculates GHG emissions
reductions from recently adopted programs and regulations, including
improvements in fuel efficiency, state building code energy efficiency, and
landscaping water efficiency. Project consistency with statewide GHG
emissions reduction strategies (CARB Scoping Plan) and measures taken by
the City to reduce GHG identified in the Koll Center Newport and City of
Newport Beach General Plan will also be reviewed. Mitigation measures will
be incorporated, as necessary, to reduce potentially significant impacts of the
project.
Deliverable(s):
— Greenhouse Gas Emissions Analysis, to be included as an appendix to
the EIR
Noise and Vibration Analysis
We will prepare a noise and vibration analysis for construction and
operational activities associated with the Koll Center Newport. The noise
analysis will be consistent with the noise standards and criteria of the City of
Newport Beach and State of California, including the City of Newport Beach
Municipal Code and General Plan and State Building Code.
PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE.
4
5. Scope of Work
Noise levels within the vicinity of the project site are characteristic of an urban
area. The primary sources of noise in the project vicinity are traffic on Von
Karman Avenue and Birch Street. In addition, while the project site is not
under the direct flight path for aircraft at the John Wayne Airport, noise from
aircraft activities are audible onsite. However, the Koll Center Newport is
outside of the 60 dBA CNEL noise contour for the airport. To document traffic
noise levels within the vicinity of the Koll Center Newport, traffic noise
modeling will be based on the Federal Highway Administration's (FHWA)
Traffic Noise Model and average daily roadway volumes provided by Kimley
Horn Associates. Short -term noise monitoring will be conducted during the
traffic peak hours to obtain average noise levels in the project area and
confirm modeling results. Changes in ambient traffic noise levels at buildout
of the project and from cumulative growth in the region will be analyzed to
determine if the project - related traffic significantly increases the ambient
noise environment or contributes to significant cumulative noise increases.
The noise analysis will also describe changes in the noise environment
generated by conversion of existing land uses. Noise impacts from non -
transportation noise sources will be based on the noise limits of the City of
Newport Beach's Municipal Code.
The State Building Code requires that interior noise levels achieve a limit of 45
dBA CNEL. The noise analysis will assess noise compatibility based on the
City's noise compatibility criteria of 65 dBA CNEL and state's interior noise
standard of 45 dBA CNEL.
The noise analysis will provide an estimate of short -term noise and vibration
levels associated with construction activities. The level of significance will be
based on the magnitude of noise and vibration generated at adjacent noise -
sensitive receptors and the length of construction activities. Mitigation
measures that reduce construction impacts will be identified, as necessary.
Deliverable(s):
— Noise Analysis, to be included as an appendix to the EIR
Phase I Environmental Site Assessment (optional)
The Planning Center1DC &E will complete a modified Phase I Environmental
Site Assessment (ESA) in general accordance with the Environmental
Protection Agency (EPA) Standards and Practices for All Appropriate Inquiries
(40CFR 312) and most recent version of the ASTM Standards on
Environmental Site Assessment Process (ASTM Designation E- 1527 -05). The
Planning CenterlDC &E will review agency lists used to identify "hazardous
waste" properties, contact regulatory agencies, research sources of historical
information (e.g., fire insurance maps, city /county directories), procure and
evaluate historical aerial photographs, conduct an inspection of the project
site and vicinity, and interview individuals knowledgeable about the project
site and its history. (Note: The Phase I is modified due to the number of
buildings and multiple operators. Separate interviews with each tenant are
not included in this scope. The Planning CenterlDC &E has assumed that
access to the project site will be arranged by City of Newport Beach. If this is
not possible, it will be addressed in the limitations section of our report, as
THE PLANNING CENTER I DC&E I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT KIIXED -USE DEVELOPMENT 19
05
explained below.) We will obtain Sanborn fire insurance maps (if available),
historical aerial photographs, and a City /County Directory search.
The results of the above - described activities will be documented in a Phase I
report that will feature a project site location map, property and surrounding
land use map, project site inspection photographs, regulatory records
documentation, and appropriate conclusions and recommendations
regarding any identified recognized environmental conditions (RECs). The
ASTM Standard requires disclosure in the Phase I report as to whether the
user of the report has specialized knowledge about previous ownership or
uses of the property that may be material to identifying RECs, or whether the
user has determined that the property's Title contains environmental liens or
other information related to environmental condition of the property,
including engineering and institutional controls and Activity and Use
Limitations, as defined by ASTM. In addition, we are required to inquire
whether the user of the report has prior knowledge that the price of the
property has been reduced for environmental reasons. We request that you
provide this information to us for inclusion in our report. No subsurface
explorations or chemical testing of soils or groundwater will be performed
during this assessment.
Lead and asbestos surveys are not part of this scope of services; however,
recommendations regarding these potential environmental issues will be
included in the Phase I ESA report. No subsurface explorations or chemical
testing of soils or groundwater will be performed during this assessment.
Therefore, our conclusions regarding the evidence of RECs will be based on
observations of existing visible conditions and on our interpretation of site
history and site usage information. The final report will be signed and
stamped by a state - certified Registered Environmental Assessor II,
Professional Geologist, and /or Professional Engineer.
Deliverable(s):
—Phase I ESA, to be included as an appendix to the EIR
Shade /Shadow Analysis
The Planning CenterlDC &E will provide a shade /shadow analysis in support of
an EIR. The Koll Center Newport analysis will be coordinated with the analysis
that will be provided for the Uptown Newport Village project to assess
cumulative project impacts. Shadow effects are dependent upon several
factors, including the local topography, the height and bulk of the project's
structural elements, sensitivity of adjacent land uses, season, and duration of
shadow projection. Shade /shadow analysis will include review of the
description of the proposed project, project site, and surrounding area. Upon
identifying shadow - sensitive uses in the area, such as the existing office
buildings and usable open space, the projection and coverage of shadows
cast by proposed buildings will be simulated for the solstices and equinox for
morning, noon, and afternoon hours. This simulation assumes a general mass
modeling of the building structures on existing topographic conditions and
does not include any architectural detailing or landscaping.
20 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE.
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5. Scope of Work
Deliverable(s):
— Shade /Shadow Analysis, to be included as exhibits in the EIR
SUBCONSULTANT TECHNICAL STUDIES
The meeting and hearing attendance for technical subconsultants is detailed
under CEQA Tasks, Task 9.
The EIR will incorporate the findings of the following studies to be prepared
by our subconsultants. Copies of these reports will be included in their
entirety in the EIR appendices,
Biological Resources Assessment and Documentation
Cadre Environmental will prepare a biological resources assessment in
support of an EIR. The following tasks will be conducted in a collective effort
to characterize existing biological conditions, determine the
presence /absence of sensitive natural resources, and develop
documentation.
Biological Resources Assessment
Literature Review, An updated review of the current California Department
of Fish and Game Natural Diversity Database, California Native Plant Society's
Electronic Inventory of Rare and Endangered Vascular Plants of California, and
United States Fish and Wildlife Service sensitive species and critical habitat
databases will be conducted prior to initiating field investigations in order to
identify any potential threatened or endangered species and critical habitats
known to exist within and /or adjacent to the project site.
Habitat Assessment. Cadre Environmental will conduct a habitat assessment
of the project site to identify and map all potential nesting bird habitat. As
noted in the Initial Study prepared for the adjacent Uptown Newport Village
project and conducted by PBS&J in 2010, "Potentially Significant Impacts"
may occur to sensitive /migratory nesting and roosting birds as a result of
project - related impacts to existing trees. Therefore, based on the immediate
proximity and similar constraints of the projects, all potential nesting bird
habitat including the existing pond, will be classified and mapped using a
GPS, and the findings will be incorporated into a Geographic Information
System (GIS) for use during further environmental compliance /engineering
analyses (State Plane NAD83, Zone 11 — feet). All common and sensitive bird
species observed during the initial habitat assessment will be
documented /mapped as discussed below and addressed in the Biological
Technical Report. Target species and potential constraints include but are not
limited to:
• Direct /Indirect Impacts to Sensitive Nesting /Roosting Birds
• Direct /Indirect Impacts to Migratory Nesting /Roosting Birds
Sensitive /Migratory Bird Species Surveys. Based on a review of the Initial
Study prepared for the adjacent Uptown Newport Village project site and
known sensitive bird species occurrences within the region, focused surveys
for resident and migratory bird species are. recommended. Specifically, the
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surveys will focus on characterizing species richness, habitat use (foraging,
roosting, and /or nesting), and estimated population numbers within the
project site. Cadre Environmental recommends that surveys be conducted
during the non - breeding and breeding seasons to credibly characterize
habitat usage. At least one comprehensive survey of all natural habitats (trees
and existing pond) located within and adjacent to the project site should be
conducted between September 1 st to January 31 st and between January 31 st
to August 31 st)based on climatic conditions that provide for the detection of
all species present.
The location of all sensitive /migratory bird observations, territories, and
breeding status, including incidental observations of common species, will be
mapped and illustrated in the Biological Technical Report. The report will
include a description of survey methodology, vegetation communities (trees)
documented onsite (including table of acreages), survey results indicating
location of all sensitive species documented onsite, compendia of all
common wildlife species documented onsite, and discussion of the existing
baseline bird population conditions (number of pairs, extent of territories,
breeding status, etc.). This report will be prepared according to accepted
scientific and technical standards and all other pertinent reviewing agencies
and organizations. To the extent possible within an inherently technical
discipline, report language will be designed for understanding by the lay
reader.
Documentation (Biological Technical Report)
Draft Biological Technical Report. A Biological Technical Report (including
supporting graphics) for use in the preparation of an EIR will be prepared
pursuant to the requirements of CEQA, California Public Resources Code
Sections 21000 et seq, CEQA guidelines, Title 14, California Code of
Regulations 15000 et seq, and the City of Newport Beach's CEQA procedures.
Specifically, text sections will include a discussion of the environmental
setting (vegetation communities, general and sensitive floral /faunal species
habitats, trees), significant direct /indirect and cumulative impacts, and
associated mitigation measures proposed to reduce impacts.
Response to Comments. Response to comments received during the
public /agency circulation of the Draft EIR (DEIR) will be prepared for all
biological resource issues. Responses will also be prepared for verbal
comments received during public hearings.
Draft /Final EIR Review. All biological sections (including supporting
graphics) for a Final EIR will be updated based on public and agency edits and
comments received during the review process. Specifically, three drafts will
be reviewed and updated —DEIRs 1 & 2, and Pre -Print Review of DEIR.
Deliverable(s):
— Biological Technical Report, to be included as an appendix to the EIR
Cultural Resources Assessment
Cogstone will prepare a cultural resources assessment in support of an EIR.
Cultural resources under CEQA include paleontological, archaeological, and
22 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE,
2
S. Scope of Work
historical resources. Cogstone will prepare a literature study to determine the
existence of previously recorded cultural resources within the project
boundaries plus a one -mile radius. Records pertaining to paleontology will be
searched at the Natural History Museum of Los Angeles County and in
published sources. Records pertaining to archaeology and history will be
searched at the South Central Coastal Information Center. The local historical
society and archives will be contacted for any additional information. A record
search for sacred lands will be requested from the Native American Heritage
Commission. In addition, we will send subsequent letters to all Native
Americans the Commission recommends be contacted.
Background research is required in order to provide context. The cultural
resources technical report will include regulatory environmental, background,
and all results. In addition, project- specific management recommendations
will be provided.
Deliverable(s):
— Cultural Resources Technical Report, to be included as an appendix
to the EIR
Geotechnical Evaluation (optional)
LGC Geotechnical, Inc. (LGC) will prepare a limited geotechnical evaluation in
support of an EIR.
Scope of Geotechnical Services
LGC. will conduct a limited subsurface evaluation to provide an overview of
the onsite geotechnical characteristics and to identify potential geotechnical
constraints to site development. Since no engineering plans are available at
this time, the subsurface work will be conducted so as to provide a
generalized assessment of the site based on preliminary site plans included in
the RFP.
The following is a list of proposed services:
• Review readily available geotechnical information pertinent to the site.
• Obtain boring permits form the County of Orange.
• Reconnaissance site visit and Underground Service Alert (USA) boring
mark -out.
• Drill a total of three hollow stem - borings, one to a depth of 50 feet below
existing surface and two to 25 feet below existing surface. A geologist or
engineer will be onsite to direct drilling operations, collect samples, and log
the geotechnical borings. Borings will be backfilled with slurry upon
completion.
• Perform laboratory testing on representative soil samples obtained during
subsurface drilling.
• Based on the information obtained, we will prepare a summary report
which will serve as the Geotechnical Investigation section of the project EIR.
THE PLANNING CENTERI DC&E I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DO)ELOPMENT 23
09
Our report will discuss the feasibility of development of the site with
respect to the onsite geotechnical conditions. Potential geotechnical
constraints will be mentioned along with generalized discussion of how
these constraints may be mitigated. Specifically, our report will include a
discussion of the following:
— Regional geologic discussion and
characteristics of the onsite soils
— Presence /absence of faults
— Seismicity
— Presence /absence of groundwater
— Collapse potential
— Expansion potential
— Static settlement potential
the general geologic
— Liquefaction and seismic settlement potential
— Preliminary foundation type
Please note that at this time the scope of the limited geotechnical evaluation
will only address the geotechnical issues that would allow us to complete the
CEQA Guidelines checklist. It does not address specific geotechnical
constraints related to actual construction. Additional subsurface evaluation
Will be required once engineering plans are available for the subject
development.
Assumptions
Our scope and costs are based on the following assumptions:
1. A set of preliminary plans will be made available in AutoCAD format for
use as a base map in our report.
2. The site is open during weekdays, has sufficient overhead clearance, and
is easily accessible with a conventional truck- mounted drill rig.
3. The proposed buildings will be constructed from relatively lightweight
construction materials (e.g., wood frame and stucco, or steel frame and
metal sheeting) and thus, the foundation loads will be relatively light.
4. If obvious contaminants or signs of pollution are found during the course
of the investigation, additional costs may be incurred to dispose of the
contaminated soils and to properly backfill and seal the excavations.
If any of these assumptions are invalid, LGC's fees will be adjusted
accordingly.
Deliverable(s):
— Preliminary Geotechnical Evaluation Report, to be included as an
appendix to the EIR
24 PLANNING Is THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE.
�D
5. Scope of Work
Hydrology /Hydraulic Analysis, Water Quality Management Plan, Water
and Sewer Analysis, and Grading and Drainage Plan (optional)
Hall & Foreman (H &F) will prepare a preliminary hydrology analysis,
conceptual water quality management plan, preliminary water and sewer
analysis, and conceptual grading and drainage plan in support of an EIR. The
following scope of work is anticipated to be required for the preparation of
this technical document.
Prepare Site Topography /Project Base Map for the Koll Center
Newport. H &F will set aerial survey control targets and perform an aerial
topographic survey of the Koll site. H &F will then prepare a 1 " =50' scale,
1 -foot contour interval, topographic map of the Koll Center Newport. The
base map will include the topographic survey together with a site
boundary compiled from record information.
2. Prepare Conceptual Grading /Drainage Plan for the Koll Center
Newport, based upon requirements of the City of Newport Beach and
project team input, with a goal of minimizing import /export of soil. The
grading plan will show roadway gradients, spot elevations, and pad
elevations. H &F will perform basic cut /fill quantity takeoffs, including an
estimate of remedial grading quantities based on the preliminary soils
report for the project site, to be supplied by others.
3. Prepare a Preliminary Hydrology /Hydraulics Study for the Koll Center
Newport. H &F will review plans of the existing drainage system serving
the site, including storm drain as- builts and prior drainage reports and
calculations. Ascertain system capacities and constraints. Lay out a
proposed drainage system based on the Preliminary Grading Plan.
Prepare preliminary drainage calculations to estimate runoff volumes and
rates. Estimate size of pipes, catch basins, and drainage basins required.
Include consideration for water quality features. Compile data and
prepare a brief drainage report.
4. Prepare a Preliminary Water and Sewer Analysis for the Koll Center
Newport. H &F will contact utility purveyors to update information
previously gathered by consultant for the Uptown Newport Village site.
Based on anticipated dwelling unit counts and building sizes, H &F will
estimate the demands for sewer and water. H &F will perform an analysis
of the existing systems to ascertain whether there will be issues with
capacity to serve the project and also identify potential required offsite
system improvements.
S. Prepare a Preliminary Water Quality Management Plan (WQMP) for
the Koll Center Newport. This document will be prepared in accordance
with the County of Orange /City of Newport Beach WQMP Guidelines
under the Municipal Separate Sewer Stormwater System (MS4) permit.
WQMP preparation will utilize information provided by the client and
consultant team, including but not limited to overall site plan,
architectural plans, grading plans, storm drain plans, drainage/
hydrology/ hydraulic studies, geotechnical information as well as other
related permitting information.
THE PLANNING CENTER DWI PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DEVELOPMENT 25
71
Deliverable(s):
—Preliminary Hydrology /Hydraulics Study, Preliminary Water and
Sewer Analysis, and Preliminary WQMP, to be included as
appendices to the EIR
— Grading and Drainage Plan, to be included as exhibits in the EIR
Traffic Impact Analysis
Kimley -Horn and Associates, Inc. (KHA), will prepare a traffic impact analysis in
support of the EIR. The following scope of work is anticipated to be required
for the preparation of this technical document.
Scope of Services
t. KHA will participate in a project kick -off meeting with the project team
and City staff.
2. Obtain information from the project team regarding the existing and
proposed site uses, including land use and quantity of existing
development; and size, quantity, and layout of the proposed
development plan.
3. Conduct a site visit of the project area and document existing roadway
conditions on the roadways surrounding the project site.
4. Meet with City of Irvine representatives to introduce the project and to
discuss traffic study issues and requirements in the City of Irvine. All
subsequent tasks in this preliminary scope reflect our assumptions of the
study elements that will be needed to address Irvine issues. If different or
additional requirements are imposed after meeting with the City of
Irvine, appropriate adjustments to the scope, schedule, and fee will be
made accordingly.
S. Develop project trip generation estimates for the proposed project using
the Institute of Transportation Engineers (ITE) Trip Generation publication
(8th edition). Trip generation estimates will include the appropriate trip
credit for existing site uses that will be removed.
6. Develop trip distribution assumptions for the project traffic, based on
likely origins and destinations of project patrons, employees, and
residents. Input from the project applicant will be solicited for this task.
Project traffic will be distributed through the study intersections, and the
project traffic contribution to each intersection will be identified.
7. Project trip generation and trip distribution assumptions and analysis
methodology will be presented to City staff for review and concurrence
prior to proceeding with the analysis phase of the study.
8. Obtain TPO Committed Project information, including project trip
generation and distribution, from the City of Newport Beach. Where
necessary, develop trip distribution and assignment assumptions for
each committed project through the study intersections.
26 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LPS COLLABORATE.
72
5. Scope of Work
9. Obtain cumulative project information from the City of Newport Beach
and the City of Irvine. Develop trip distribution and assignment
assumptions for each cumulative project through the study intersections.
The Uptown Newport Village project will be included in the cumulative
project list for the Koll Center Newport.
10. Compile committed and cumulative project traffic volumes through all
study intersections.
11. Conduct a preliminary analysis to- determine the extent of the traffic
study area, based on the City of Newport Beach TPO 1% analysis and
applicable environmental impact criteria. The following remaining tasks
will apply only to the study intersections that meet the 196 criteria.
12. For budgeting purposes, it is assumed the study intersections will be
consistent, the same study intersections included in the draft traffic
study. The study intersections include a total of 43 intersections, with a
combination of intersections in the Cities of Newport Beach, Irvine, and
shared intersections between the two cities. KHA and City of Newport
Beach staff will work with City of Irvine staff to confirm the study
intersections in the City of Irvine prior to proceeding with the analysis.
13. Current peak hour traffic data for the primary intersections in the City of
Newport Beach will be provided by the City of Newport Beach. It is
assumed that KHA will collect morning and evening peak hour traffic
data at the remaining study intersections, including the intersections in
the City of Irvine.
14. Intersection analysis of Newport Beach intersections will be conducted
using the Intersection Capacity Utilization (ICU) methodology, consistent
with the City of Newport Beach TPO requirements. Analysis of the City of
Irvine intersections will be conducted using the Irvine analysis
methodology.
15. For Caltrans intersections (intersections on a state highway), the
intersection analysis will also be conducted using the Highway Capacity
Manual (HCM) methodology as required by the Caltrans Guide for the
Preparation of Traffic Impact Studies.
16. Obtain information from the City of Newport Beach and the City of Irvine
regarding any committed intersection improvements planned to be
completed by one year after the project opening.
17. Summarize operating conditions at the study intersections for the
following scenarios:
a. Existing Conditions
b. Existing Plus Project
c. One Year after Opening - TPO Analysis:
1. Existing Plus Growth Plus Committed Projects
THE PLANNING CENTER I DUE I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DEVELOPMENT 27
7S
ii. Existing Plus Growth Plus Committed Projects Plus Project
d. One Year after Opening – CEQA Analysis:
I. Cumulative Conditions
ii. Cumulative Conditions Plus Project
18. Identify project impacts and any mitigation measures, if necessary. If
mitigation is required, a conceptual drawing of the recommended
improvement will be provided. For budgeting purposes, it is assumed
that record drawings of any study intersection will be available from the
City, and that a mitigation concept plan will be prepared for up to four
study intersections. If additional mitigation concept plans are required,
an additional fee of $750 per intersection will be required. This task will
also include preliminary cost estimate and project contribution
percentages for each of the mitigated intersections.
19. Conduct an analysis of the project's impacts on freeway mainline, merge
lanes, and ramp facilities in the project study area—specifically, 1-405 (San
Diego Freeway), SR -55 (Costa Mesa Freeway), and SR -73 (Corona del Mar
Freeway).
20. Evaluate the proposed parking supply to determine whether it will meet
City of Newport Beach parking requirements. KHA will provide
recommendations based on shared parking synergies for the mixed -use
components of the site.
21. Provide recommendations on measures to reduce the occurrence of non -
project traffic cutting through the development.
22. Prepare traffic signal warrant analysis at the unsignalized study
intersections using the current MUTCD method for projected daily traffic
or peak hour traffic volumes.
23. Prepare a draft traffic impact study documenting all data, analyses,
results, and conclusions to be submitted to the City of Newport Beach.
24. Review the draft transportation section of the Screencheck EIR. One
review and mark -up is assumed.
25. Respond to consolidated project team comments on the draft traffic
study to the extent that no new data collection and /or analyses are
required. A total of up to 16 hours is assumed. Responses requiring a
greater amount of time, or requiring additional data collection and /or
analyses will be completed for an additional fee to be negotiated prior to
initiating additional responses or analysis.
26. Prepare a final traffic study incorporating responses to comments made
on the draft traffic impact study report.
27. Respond to traffic - related public comments on the draft transportation
section of the Draft EIR, to the extent that no new data collection and /or
analyses are required. A total of up to 24 hours is assumed. Responses
28 PLANNING IS THINKING AND GOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE.
I
5. Scope of Work
requiring a greater amount of time, or requiring additional data
collection and /or analyses will be completed for an additional fee to be
negotiated prior to initiating additional responses or analysis.
28. KHA will participate in up to five project meetings with the Project Team,
City Staff, or others as directed by the Project Manager.
29. KHA will participate in one scoping meeting and up to two public
hearings (1 Planning Commission and 1 City Council).
30. Evaluate Construction Traffic:
a. Obtain information from the Project Applicant regarding planned
construction activities, including:
i. Type and quantity of construction vehicles,
if. Size construction crew,
iii. Planned staging areas for construction equipment,
iv. Parking provisions for construction workers,
v. Magnitude of grading cut or fill,
vi. Amount and duration of grading, demolition, and construction
activities,
vii Planned haul routes, and
viii Other information relevant to construction - related traffic
impacts.
b. Quantify the amount of construction - related traffic associated with
the project, based on the information provided, The construction
schedule and program will be reviewed to determine if significant
traffic, pedestrian, or parking - related impacts will occur during the
construction activities for the proposed project. The City's standard
regulatory requirements regarding construction traffic management,
schedules, and operations will be described.
31. Provide an analysis of alternative travel modes, including current and
proposed public transit service and amenities in the project area;
pedestrian facilities currently in place and proposed or recommended for
the project; area -wide bicycle plans, and on -site bicycle facilities currently
in place or recommended for the project.
Notes
+ Tasks 1 through 4, 8 through 10, 16, and 17a were substantially completed
for the Koll portion of the project before the direction to halt efforts was
received. Some of the products produced as a result of the efforts
expended for these tasks can be used for the new effort, as explained
below.
THE PLANNING CENTER DUE I PROPOSAL: PREPARATION OF AN EIP. FOR THE KOLL CENTER NEWPORT MIXED -USE DEVELOPMENT 29
— The basic report structure used for the prior draft traffic study for
Uptown Newport Village, including the technical table and figure
templates, will also be used for the Koll Center Newport study.
— All existing conditions descriptions (roadways, intersections, transit
routes, etc.) will be confirmed and updated, as necessary, to reflect
current conditions.
— New traffic count data will need to be collected.
— All information for Committed and Cumulative Projects will need to
be updated to reflect current conditions.
— The analysis software network and structure will be retained. All
analysis inputs will need to be updated to reflect new baseline data.
— The templates for the technical tables and figures will be retained.
Each table and figure will be completed for the Koll project, to reflect
project results.
— The report format and text will be revised to reflect the Koll Center
Newport project, and to reflect updated data and results.
— For budgeting and cost savings purposes, it is assumed that the five
project meetings will be combined meetings with the Uptown
Newport Village project, and that Kimley- Horn's attendance at public
meetings or hearings for the Koll Center Newport project will be
reduced to three.
All remaining tasks were either not completed, or the efforts or results of
the tasks from the prior effort cannot be applied to the current effort.
The proposed fee assumes that Kimley -Horn will work with the project
team on this project concurrently with the Uptown Newport Village project,
and that efficiencies and cost savings will be realized by coordinating
certain efforts for the two projects. For example, it is assumed that both
studies will have the same study area and study intersections, that the
Opening Year will be the same for both, and that the TPO Committed
Projects and the CEQA Cumulative Projects lists will be the same for both.
If one or the other of the projects is cancelled or delayed such that work
efforts do not take place in generally the same timeframe, or the
assumptions stated above are no longer applicable, then the fee for each
project will be adjusted accordingly.
The proposed fee is based on specific assumptions about the scenarios to
be analyzed, the number of meetings Kimley -Horn will participate in, the
number of report review and revisions, and the number of hours required
to respond to public comments to the EIR Transportation section. If
additional issues not covered here are raised for analysis, or if Kimley -Horn
is required to attend additional meetings, or if additional hours are required
to address City and public comments, an additional authorization will be
required.
Deliverable(s):
— Traffic Impact Analysis, to be included as an appendix to the EIR
30 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE.
70
Exhibit "B"
The Planning Center -Koll Page 15
77
PROJECT COST ESTIMATE
The Koll Center Newport - EIR (Updated with Optional Tasks, 8/31/11)
THE PANNING CENTER I DC &E
City of Newport Beach
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0
0
13
33
0
45
54575
$0
$4525
JesYi6 "FlnalflR'dNTC%trcdti,.lhr i(m'ICtT:2W. °E;B.'*'%0.d7d."a
�'},i%Ir�n nS', 1..'
1�11k +'�.7�?'1�I:�iri,+:r:"nh:N'(:..
°d�"v+n 7Ea. u}ryr„ifeiCk�',.'1:513Cf
4a^-:. 'Y±'a�Jt'�?tf'.?�'ti711".A.u"i&K
' v3W7ddl", u. .4«i'�oE"k:P.,D!Ti^v:�3]e•`iRA.
a,7Z+Y7C.`,°f.'
�. �1'
.r a�:�5,,°,IIF�.
iFF.
�: cFi&" ai( �b1�am
`9ffSaC"�fE71uaR:a�:A.'�97
�� +u'.
RTC
30
8
32
4
32
6
8
100
$13.150
$13550
Mvtslons [o DEIR
12
12
1
1
1 4
30
$a,180
54,360
Subtotal Tmk6 -nrul EIR
42
0
8
44
6
0
i6
6
8
0
0
0
1 0
1 130
1 517.,MVI
Sol
517,430
72
PROJECT COST ESTIMATE
The Koll Center Newport - EIR (Updated with Optional Tasks, 8/31/11)
THE PLANNING CENTERI DME
City of New on Beach
Milne Pntp:
$1&1
XeEAab
$170
d.6mft
$365
Flh9.W
$lLl
Eepom
$]20
V.M'.
$300
C.NM
$85
Vnnp
$OS
V11W
$85
0 %er
$80
Wbme
595
FmelleF
$BO
A-
$]5
9hX
p
0.010'
OIrRM
69A
NM
I LM
W..AUGHO
SArdI dW
A- LIM01WAO
I LPIM
A-t Ph XMQA
cn,11a
W,A
WoMProe
a.t
ndo'
TAS WDt0.5X DESMI"O n
Mntlpvl
Tmm WGetl
W
S- .PhnnRl
94mING Jp 0Sd.W.Jp
4 ^�1
�uPAnaY�. 4. mHi.
G-.Plmrd
I9eINW
ki' p p+
ttl& atnilalc�w'';:
g
M-a M--1
CBI tl
J -/ f
6.: J. ht".nn.,Iprsstl7.A',Lm..SY+:e3.w
2
Me P4rnan
9tl MWNaI 141
Y cj G
..PI -M
nNOnIpz030
YdfNf11S
1nL Panm.
IWWWp lGWUD.p.11
4SCir a! bttlU .."IIS,^`yG7xr1Nl37Ei.�LIR1Qi�R
GnpbNA hll
Tar Mlul Edb
WNRO
asd v.@
TOD"
HOOt$
T.TPCOAh
Subconsultantl
TOTALBIIGGLT
Tii✓��fWil� IOII.irl0{iR�r�lg8i DIM•�•�•
'J
MMRP
2
! Ihka' Ilk....
tlneu34cfa1'1,'Yd
51�.+YSyo,d,..tmnw444'513>UiL
l4a,d,5 i!.ISd7.�
kvllw. 4, i' i�. Po7vrsJZtwYfl4eJ�lp13 'd,wYi,."rA,a'.w.rMart G'a4`.
32 $1,560
$1,560
5 bwwlT ik >MMRP
2
0
0
8
2
0
0
0
0
0
0
0
0
]3 $1560
$0 $3360
"'skew SOC NOU':'„Cf4Mti'+Vf:,7ianal . "'Ni 1M"t tiYr91
FOFand Statement of DVCrddln Considemtlons
NOD
{ova {Iy,7!n:4.
8
d4Aa^ 1 "v$
+"` +
� s
•: `^I IL'x.
l,p ..,..Id,..iti~r�.�,�e
t' ux
te„ 2d
nIINMR l
a �
Ih,�w P{rrnl
any �a
r. ��IxYd wNk
IPM P
a 7a.K
e: + w rv,e s,.tlw� d� �, ,�H�
$
36
24 $2,800 $2,800
5540 $540
v $ubtoWlT sk8 FOF/SOC /NOD
Rbiki§MDOdn / Mearin': n"' Y, F�r9, nTww�? ri, Ati¢ Ib: B, Itzti.
QwC rdlnatlon Meednes(6j
9
a_ Jit✓ r�. tl. �E,
1 0
a .4Jt,+"ASU,'a'dM.Atfilf'UvId411a
1 0--T--3
18
Ado. n„{ y,. M,; tlls"
9
0
3,'. Ea.' 5LL. ILJY", 7a,.
9
0
dvYueliv "YRbsw:u'SrLml':4uYt?,7kI
0
0
1l1,VY�„(u�ucD
16
&6U.vP,.hl Mies
1 0
L£:idu"'fiw",knycYC/Iixz44almp
0
, ph„di
1 0
#.yxYar",4Y6 CmINa4{nLn7n
1 0
Srkrn'
24 $3340 $0 53,340
IU., xV` +e1.7`;nda4M...br."^.IUtkMtl'n d:?Slmn x+l�.,,n34iU,kafi
36 55,130 $5,130
Publle Meeln s(2)
g
g
16 52,280 $2,280
SubtowlT sk9 McMI gs /H flogs
0
0
26
9
1>
0
0
0
0
0
0
0
0
52 $7A3a $0 $7.410
P.){ 0dPrbbceMa6 "¢'m'ems'w++NS.t NIIG'.71GVHdI1W"1d7Jlh}'.
Pro ett Management
Itld'S5ACxftY3Cir�:.Bkv6;,:i
52
d'Nhl
'YW.J;14E;1L'
°h: �V4k4..o :r�'k111kL
78
u'9nCu IkAiTS..an;C.fiuP1
Y�I
hLoVpk.mraGt'0.1k�C
1. ul .Yi$`T,.'1.YAAG"Fv.x,Il91'L1i.9
tr .df:-
.: {PB.usL"6e
3Llt„'JSV'aw.S:.1T.EL
n'e3. {,..31
. ashllUsla` Mt m. a% 1kd .Y�.M,ffd47+wp}rJ51m3:G.:hiJFatlf ln'`i b': �W`.
330 $18,720 $18,720
5 bt I I k10 P left Manag t
OCWSiA5K5xTOTALG80R .�I.�fmFlV"�iQ£�•n .e3�i �tlu
53
.. V.I'.ui],N.$Ik1 �iu.�
258
0
F,(�,t"v{.fk
0
0
W11Yi�,t��.1mi�kLr
38
78
C'.n.eJ.u�Y FAa
330
0
YMM1Vi",Y7Wa i�IYaJi,
43
0
N_..._ A ..J }.ivrdnAlC.>.vrP.,JAW.4i.Fd.
2
0
80
0
( JAnYIRIIx %vam+.Art11��.L+Vi..L'JUJ.f,I
330
0
76
0
JGPICfRrn.w.�i
52
0
B�ll.N e?�'v uG�'
65
0
4v' �RaYAAY".
61
0
PY535. hW' �YA9, i'. ciA�'
>2
230 $38,)30 $0 $38720
tRtAIHS; PL'.( F" AE��MS "¶"ii!�I°�I'C "�d9E %UkAr1�i E- ...,I�n. LGi ,�
1,149 $3385/5 SD 5138,575
P,PjO}IOinRCenter't14$ %i'[tlfhl Ytl l llaRl'. inl^ul% i.
a 4'�F{n7.1r
Alr QuaI[N /GHG
22%
Cfj.: ?.f Y
1"n `.,k a.nb1
0%
.,1 ...•.t
{'1 {.IQ'vu.5,4',
3%
t` S.1 '
Crm j.N"I I:i.I4.MY9m
29%
>41 p.
.�,b 111AL{FCMatJ
4%
q •i' Ix'li
14b�i 11{w
66
0%
,.rp.. ¢
1.i�lY:k.,.W1?.�oi�1f
)%
... ,, A
Y.i 1y}:{y"�^iifAP
10
11%
rce .,-[i
I,l7rWl. {%./G.LN.ir'U.vvI
7%
N" . 'lP
5%
A'r.- �{J
6%
N{r V+t �k.1�N1'4:hE714�i
6%
dl
1 1%
] 'S1'i{L't
100% N/A
fN P r.�Y }j?I�lKf i�v5r �i ltl{.r,ll�
76 ss'= $8,770
Shadc /Shadow Anal IN
15
15
$1,500
51'
Noise
46
8
54
$6.200
$6,200
SubtoWITPCIDCB,ET hniwlst dies
0
0
0
0
132
35
IS
o
0
0
0
0
0
345 1
$16470
.iitib'C'tin5ulWnW OInOHa"' E`�ssx"sbsa'»'�°I..�4'EINI�du�,
Cadre MI.)
1u+ 1' llil0'., �. �lAp :,r��.uW�M..nF...mrii'v.,�{
1. u[{ I"
�.!".. 1�uA".+ d', Nl :ih..�.rys'F.Cu,7�P1.�1oi�jt;1
rAii.
i"IFA frol=n.�w
r0.'d,�rSS�1�4 �,Li$17IU7»,�'''0.t".2pps�
I"NhGrNnl4""?IPS4I,W
ILpdUl.,
4l4� :n2wl7xi�SWt�S�.1'.IRpextd
Pl tidY>Avrv"r4xI7�5GF6"a
"Aa%U9a�'ICRu�1�u71YiR.,b�!
f%C :e.
0
$0
$6,4801
S7,128
GNntone(COW.11
0
$0
$6,3T/
57,015
MmIcy Hom(TWflic )
0
50
$66,480
$73,128
Subwwl Ta niWl Studies. Subc..fia
'iCHNIDALISM IES: iTOTALteW ,e1M�'37 C.4'>'1!"s1[EI SRI.^.. E4 .,(ti?lfiiLL>e�.wn'h"$:1.ivF'tiI
0
0
IZ1: dK53tlJ5�7£?
0
h' NdailWlfihi"
0
etl[ ANr^ k,./ ulfi`
0
a1. ?Rryl' 4T ,,,,tJ14Ex1All6FM..tL
0
"frvf.:a'k r151'b)..1d7Yp
0
Y+ N "daY'n'a'N�,J1a"aa°nGP.4'v'1Y
0
°, w?H!{fiiA�J4.�S`rWy`'kfl.A
0
0
9"RAGk,•.]u'"".'.;,?11.k*
0
025,.^.
0
L'! SS :PSiSwShc.o.dY,ii,E7.Y29v1V'hi
0
0
kf. 5r7S#$:
hSS'.'i6AlCali�'711Rll'adt4.GAlI .'tiINYVAYM,F"iLxd
d.,riEilil
0 o
a
o
112
IS
1g
o
o
0
0 1
0
0
14s
S6,a70 57933)
$103,741
?he�Pi0M7h' IILCYi�rvh, pTNlSbi! uAti. Qf�i1d' fL:{
Health Rlsk Assessment
0 0%
iQl ?uH,f},iC{i161i.NrvAo'i�ii�.'4.
0%
tApF.1L�1`Llvr�14�:
40
0% 7796
i�..�?+N {Ci.Slnv'! .' ei�i�1LG4iiei��'
SO%
12%
I(. NII1k1,{,'..
0%
XdiIA8
0%
+.i,i111�T^.�.�1�Nv'WthIMPd
0%
{,
a%
YpS3; N.nIN�a.,�3"Nr�II:Y-
0%
',rS.n�"I.. till. Ai-l�. �r�611�1{.
0%
pit'6.n�I�:.:R.{I�ll,�✓I%A.ihl'
100%
N/A
" A(!fdliAl'ij'�.h'I"4�Stl tii6i
40
$6,600 1
$6,600
E.Irorvn ml Slte ASesament
30
30
$5,100
$5.100
Subtotal TPCOptlonal TeOnlo)Studies
0
30
40
0 0
0
0
0
0
0
0
0
0
70
$21,700
$0
$11,700
. ,
Hall &oreman KIWI Enpinetlngj
. _i
, i
lr r.x
t .iwFl(Y.Im
A1.. Yr.0
I1n1,i.Na
.IlnRywpyyq
-..A.d F.b,tiY,p M1^.
luleffti
n..viPei' '
V 0 . �.m
nj1,a�"�u 5: 0
YWWMry
rl4ii .' "IYY� � •
$11;
$3i'8•,.L0: 0•.0
LGC (Geotechnlcal
0
$0
$14.400
$14,400
SubwwlOPU OnaITeNnImlStuNes- 5ubconsulwnti
S0
552A00
MAN
OPTIONALTECHNICAI.SIUDIES -TOTAL
0
30
40 1
0
0
0
0 1
0
0
0
0
0
0
>0
513,700
$32,400
$60,100
WORTOTALS
Labor Totol - WITH Optional SWdies
$166, >45
$21,n7i
$306,436
''.... G, out,;L .. ,. pLOQat tu., os r
;,wN .[.1h1'ki nl' ...4 `'.Td.:TMN�:Iq, ,avA.�iS S&.}:v6.CM:TF4'a.Iu, ,Siaw,.41,P4 4rid5il'u!dtil- .124.., rr,l S2dJx,ke.l..,T�'L': w,.:{ fink' kv4: zF4aa °AJ:tiSi'J.SGIIt'xiCikir�f14 3ed.'TCl,nu?:a 7ifa 4lJ,"'$it`CG'+..irtakyeRd7,nrk
ila.°gSlRho,Cr.A
31551045!70.9
gspY579,ia2
:ivt7✓,w.krtrr3i44;3i61
AND
PRC'tE COSTWWAM
The Koll Center Newport - EIR (Updated with Optional Tasks, 8/31/11)
i EP{ NING CENTER I DC &E
City of Newport Beach
BYINgWro: $:W $1TY uo
W¢6W ..." f¢ewaF
$1'A Sm 5100
m'+ee 11rn.. C,pe
$95
Vm,
Mss
mi.
515
PW
300
WWma
$95
PweOCA
$00
Munn
$75
BoAr
1 ^AIhI SI::CY ]
] $
$C 5
Rnh: NriY MI NpA
Aeem I IaYrti1C'G4C 6Nli Atiw
IA.P"WWIcI
RuL PNl1e0A
I
I $
leAml
Teas a IvP9eeen' 6. PCVn2 lvee PWe.e 1,.FC PMrsea
AetnYnnen
Ne4PNnnN
3 5
50 3
36 �
Tot01
� 6
rgtx/sU0Tg5xoE5C Wx gyxµJ' ,%velar 'gheyp py ri M4+isa' 1 !CmlNSa t 5] M'eei rI
U...eF N19JenbllGr
mn
OIUCtD OOe:ueNl GenM1ruNUI
Trelnialemu.
wM Remew
cMnaAIIJ m
HOYrt
TemIT .
Subrnnrulmnn TWALg110GM
3 M
MI 1
1 R
R $
TeP!BFempa IlKlras e'aN+kaf an Ilrer:m pssaMtl InXk b.geft I.dldn rel;.b:R�'kewerccaltl I'rera-bn avers
�. O�1�Y10dRFLN3YRS091F- fmhISHF•»n�� .:;. "`, t
try- "1. k'Co oi':!u'7".'In IS'.iF'�. 'bree/G0.Y dR- �- �w,Nart T'n:� a •. .•:SOC. �
�.: i! •
•, uy. C ee � I.ry ,
, .a .l�'j�. 4 y,�.n6:..1 . xv'r'N -y, J
JOy�y.F �
�. ✓•rvw +u•r• li �q l'IM".ID 4�dY..'4Sn
R PraR rotlmlan
1 ^AIhI SI::CY ]
] $
$C 5
531 I
I I
I $
$1$30
Cmh'IR 3
3 5
50 3
36 �
� 6
66 $
$SS.OSo
feel Eft 3
3 M
MI 1
1 R
R $
$$a90
iCf &5o[ 1
1 I
I 3
3 3
3 $
$IT$
l'!LL?aGOnMmP.aF6hepnm y
y
!
! 3
3 1
1 6
665
Otter 1
1 I
I
wlery FlC:g Faes $5 ceatxOP, N.TI a.M NMj 6
6325
CtlCaNaC a netfli: a:p Gelrcfea 15/499351 S
Si.BJ9
.ltlka {Y.:0.5aryyn[d,yryl- 94.p>L:6 M ri eaii I
I 5
590
.NIUPgIRwIGCPNe I
I I
I b
bal
wmP I
I I
I I I
I I
I I
I $
$zx,96a
1ao1 we.vyues.M bl,m a .. M1.11I IInmi.PlUSiCFaMam wLOtPmlrcran
r,
i
S
i
u
ny
IFTM
�k
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}3)
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E;
�R
7. Cost Estimate
The Planning CenterIDUE
2011 Standard Fee Schedule
Staff Level
Hourly Rate
Principal
$200 -$250
Director/Team Leader
$140 -$225
Sr. Planner /Scientist /Designer II
$135 -$215
Sr. Planner /Scientist/Designer 1
$115 -$155
Associate Planner /Scientist/Designer II
$105 -$130
Associate Planner /Scientist/Designer 1
$95 -$110
Assistant Planner /Scientist /Designer II
$80 -$100
Assistant Planner /Scientist /Designer 1
$60 -$80
GIS /GAD Operator II
$100 -$135
GIS/CAD Operator 1
$90 -$105
Graphic Artist 11
$85 -$130
Graphic Artist 1
$75495
Planning Technician /Intern
$60 -$80
Technical Editor
$95 -$100
Word Processing
$75 -$85
Clerical /Administration
$60 -$100
Third -Parry CEQA Review
$225
Expert Witness
2 x Normal Hourly Rate
Other direct CostS are Mlle at cost plus t M.
Mileage reimbursement rate Is the standard IRS - approved rate.
THE PLANNING CENTER] DC &E - PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DEVELOPMENT
33
21
22