HomeMy WebLinkAboutC-3712 - Amendment No 1-2, PSA CEQA Documents for Project on West Coast Highway at Dover DriveCITY COUNCIL
EWPORTSEACH
A P 11 2005
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
April 11, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Patty Temple, Planning Director
949/644 -3228 ptemple @city.newport- beach.ca.us
SUBJECT: Amendment to Professional Services Agreement for preparation of CEQA
documents for a project on West Coast Highway at Dover Drive
RECOMMENDATIONS
1) Approve an Amendment to the Professional Services Agreement with RBF
Consulting of Irvine, California, for additional work required in conjunction with
preparation of an Initial Study and Mitigated Negative Declaration for an
additional amount not to exceed $5,795; and
2) Authorize City Manager to sign Agreements.
DISCUSSION
In July 2004, City Council approved a Professional Services Agreement with RBF for
$64,540 for preparation of appropriate environmental documentation for the proposed
Mariner's Mile Gateway project at West Coast Highway and Dover Drive. Due to
subsequent changes to the project and expiration of the original Agreement, a new
agreement including Scopes of Work of both the original agreement and of an
Amendment for additional work in the amount of $46,455 was approved by City Council
on October 25, 2005.
On January 24, 2006, an Amendment to the new agreement was approved by City
Council for preparation of a conceptual roadway plan for West Coast Highway at a cost
of $10,500. RBF has requested a final Amendment to the agreement in the amount of
$5,795 to cover the costs for providing written responses to comments received on the
Mitigated Negative Declaration and for additional copies of the Mitigated Negative
Declaration and Technical Appendices. Since written responses are not required by
PSA for RBF Consulting
April 11, 2006
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law, this task was not included in the previous Scope of Work and was subsequently
completed at the request of City staff.
A Scope of Work and a Schedule of Compensation for preparation of Responses to
Comments and for additional copies of the Mitigated Negative Declaration (MND) and
Technical Appendices are 1 included in "Amendment No. 2 to Professional Services
Agreement' (Attached). Associated costs are as follow:
Response to Comments:
Additional MND Copies
Additional Technical Appendices
(30 hours for 27 responses $3,000
plus technical memoranda)
15 @ $25 each 375
22 @ $110 each 2,420
Amendment No. 2 Total $5,795
The fees for the additional hours and additional document copies have been reviewed by
staff and are considered appropriate and warranted.
Funding Availabiliit
The cost for work performed under the original Professional Services Agreement and for
work performed consistent with this Amendment to the Professional Services
Agreement are the responsibility of the applicant, Allied Retail Partners.
Submitted by: Prepared by:
TRICIA TEM LE
Planning Director
Alva:,
AVID PO
Hogle- Ireland, Inc.
Project Planner
Attachments 1. Draft Amendment No. 2 to Professional Services Agreement
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AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR CEQA DOCUMENTS FOR PROJECT ON WEST COAST
HIGHWAY AT DOVER DRIVE
THIS AMENDMENT is made and entered into as of this 11th day of April, 2006, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and RBF
CONSULTING, a corporation, whose address is 14725 Alton Parkway, Irvine, California
92618 ( "Consultant"), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. On July 26, 2004, City and Consultant entered into a Professional Services
Agreement ( "Initial Agreement ") for preparation of a mitigated negative
declaration and other environmental documents in accordance with the California
Environmental Quality Act for the project located at the northwesterly corner of
Dover Drive and West Coast Highway in Newport Beach, California, and after
expiration of that agreement, City and Consultant on October 25, 2005, entered
into a successive Professional Services Agreement ( "Agreement") including
tasks from the initial Professional Services Agreement and additional tasks for
completion of the mitigated negative declaration, and on January 24, 2006, City
Council approved an amendment ( "Amendment No. 1 ") to the agreement of
October 25, 2005, for additional tasks for completion of the mitigated negative
declaration.
C. Consultant performed certain of the duties set forth in the Initial Agreement, the
Agreement, and in Amendment No. 1 and was paid for such duties consistent
with the Agreement.
D. City desires to. have Consultant complete additional duties determined necessary
in addition to all duties set forth in the Agreement and Amendment No. 1 thereto
and not previously completed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached to the Agreement and Amendment No. 1 thereto and all the
services described in the Scope of Services attached hereto as Exhibit A and
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incorporated herein by reference. The City may elect to delete certain tasks of
the Scope of Services attached hereto at its sole discretion.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance. with the provisions of.. this Section, the Schedule of
Compensation attached hereto as Exhibit B and incorporated herein by
reference, and the Billing Rates attached hereto as Exhibit C and incorporated
herein, by reference.
Consultant's compensation for all work performed in accordance with the Initial
Agreement, the Agreement, with Amendment No. 1, and with this Amendment,
including all reimbursable items and subconsultant fees, shall not exceed ONE
HUNDRED TWENTY -SEVEN THOUSAND TWO HUNDRED NINETY AND
NO1100 ($127,290.00) without additional authorization from City. Consultant's
compensation includes the Agreement amount of One Hundred Ten Thousand
Nine Hundred Ninety -Five Dollars and No /100 ($110,995.00), the Amendment
No. 1 amount of Ten Thousand Five Hundred Dollars and No /100 ($10,500), and
an amount for Amendment No. 2 approved hereunder of Five Thousand Seven
Hundred Ninety -Five Dollars and No /100 ($5,795). No billing rate changes shall
be made during the term of this Amendment without the prior written approval of
City.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson, City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
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CITY. OF NEWPORT BEACH,
A Municipal Corporation
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Homer Bludau, City Manager
for the City of Newport Beach
CONSULTANT:
By:
Gary Armstrong,
Senior Vice President
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Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
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EXHIBIT "A"
SCOPE OF SERVICES
Response to Comments
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While the California Environmental Quality Act does not require preparing written response
to comments on a Mitigated Negative Declaration, City staff determined preparation of
responses to comments would be prudent.. RBF prepared written responses to three State
agencies, and 24 residents or local groups. In addition, RBF prepared two technical
memoranda, one on air quality and one on traffic, in response to comments raised by the
Planning: Commission. A total of 30 staff hours were necessary to prepare the response to
comments and technical memoranda on air quality and traffic.
Additional Reimbursable Expenses
City Staff requested additional copies of both the Mitigated Negative Declaration and
Technical Appendices. In total, an additional 15 copies of the Mitigated Negative
Declaration and 22 copies of the Technical Appendices were requested and provided. The
cost for a Mitigated Negative Declaration document with a CD of the Technical Appendices
is $25.00 per copy. The cost for the Technical Appendices is $110.00 per copy. The total
cost for additional reimbursable expenses is $2,795.
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EXHIBIT `B"
SCHEDULE OF COMPENSTATION
Response to Comments
Additional MND Copies
(30 hours for 27 responses $3,000
plus technical memoranda)
15 @ $25 each
Additional Technical Appendices 22 @ $110 each
Amendment No. 2 Total
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375
2.420
$5,795
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EXHIBIT "C"
BILLING RATES (HOURLY)
OFFICE PERSONNEL
$1 Hr.
SeniorPrincipal .....................................................................................................
............................... $215.00
Principal......................................................................................... ...............................
.........................195.00
ProjectDirector .............................................................................. ...............................
.........................175.00
ProjectManager ......................................................................................................
............................... 152.00
StructuralEngineer ........................................................................ ...............................
.........................152.00
ElectricalEngineer ......................................................................... ...............................
.........................134.00
Senior Engineer /Senior Planner ..................................................... ...............................
.........................135.00
LandscapeArchitect ...................................................................... ...............................
.........................123.00
Project Engineer/Project Planner ................................................... ...............................
.........................116.00
EnvironmentalSpecialist ................................................................ ...............................
.........................112.00
CorrosionEngineer ........................................................................ ...............................
.........................112.00
Design Engineer /Senior Designer / Mapper ..................................... ...............................
.........................108100
Designer/Planner ......................................................................................................
............................... 94.00
GIS
GraphicArtist ........................................................... ...............................
Environmental Analyst/Staff Planner ........................ ...............................
DesignTechnician ................................................... ...............................
Assistant Engineer / Planner ...................................... ...............................
Engineering Aid/Planning Aid ................................... ...............................
............................. 90.00
............................. 80.00
............................. 80.00
..................... 78.00
............................. 74.00
............................. 60.00
FIELD PERSONNEL
2- Person Survey Crew ......................................................................................... ............................... $200.00
1- Person Survey Crew .......................................................................................... ............................... 145.00
FieldSupervisor ........................................................................... ............................... .........................138.00
CONSTRUCTION MANAGEMENT PERSONNEL
ConstructionManager ...........................................................................................
............................... $150.00
Resident Engineer /Project Manager .............................................. ...............................
.........................127.00
Senior Construction Inspector ...................................................................................
............................... 98.00
Construction Inspector ..............................................................................................
............................... 95.00
FieldOffice Engineer ...................................................................... ...............................
..........................90.00
ConstructionTechnician ................................................................. ...............................
.......................... 78.00
OTHER SERVICES AND FEES
PermitProcessor ............................................................................ ............................... ........................$95.00
ClericalNVord Processing ................................................................. ............................... ..........................50.00
Consultation Relative to Legal Actions .................................................................... ............................... 270.00
VehicleMileage ......................................................................... ............................... ...........................0.50 /mile
Nom:
Blueprinting, reproduction, messenger service and other direct expenses wig be charged as an additional cost plus 15 %. A Sub�onsugart
Management Fee of Fifteen - percent (15 %) will be added to the direct cost of all sub-consultant services to provide for the cost of adminlstration,.sub.
consultant consultation and insurance.
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• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. io
January 24, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY CON OF NEWPORT SEA
,
FROM: Patricia Temple, Planning Director JAN 24 `H6
949/644 -3228 ptempie @city.newport- beach.ca.us
APPROVE
SUBJECT: Amendment to Professional Services Agreement for preparation of CEQA
documents for the Mariner's Gateway Project on West Coast Highway at
Dover Drive
RECOMMENDATIONS:
• 1) Approve Amendment to the Professional Services Agreement with RBF Consulting of
Irvine, California, for additional work required in conjunction with preparation of an
Initial Study and Mitigated Negative Declaration for an additional amount not to exceed
$10,500; and
2) Authorize City Manager to sign Agreements.
DISCUSSION:
In July 2004, City Council approved a Professional Services Agreement with RBF for
$64,540 for preparation of appropriate environmental documentation for the proposed
Mariner's Mile Gateway project at West Coast Highway and Dover Drive. Due to
subsequent changes to the project necessitating additional analysis, an amendment to
the agreement for an additional $46,455 was approved by City Council on October 25,
2005. Due to the fact that the original agreement had expired, a new agreement was
executed that included the Scopes of Work from the original Professional Services
Agreement and from the Amendment and the cost for both consistent with authorization
from Council.
Since that time, the applicant requested that RBF prepare a conceptual roadway plan
for West Coast Highway for submittal to Caltrans as part of the Mariner's Mile Gateway
. project. Staff believed this additional work necessary to fully evaluate the planned
improvements to Coast Highway and previously authorized the work.
• Oariner's Gateway MND
January 24, 2006
. Page 2
Staff has reviewed the Scope of Work for preparation of the West Coast Highway
Conceptual Plan and believes it is adequate to meet or exceed the minimum requirements
of Caltrans. The fees in the Scope of Work have been reviewed by, staff and are
considered appropriate and warranted. A Scope of Work and a Schedule of
Compensation for preparation of the conceptual roadway plan are included in
"Amendment No. 1 to Professional Services Agreement" Attached). The increased cost
is $10,500 associated with the additional work.
Funding Availability:
The cost for work performed under the original Professional Services Agreement and for
work performed consistent with this Amendment to the Professional Services
Agreement is the responsibility of project applicant and not the City.
Submitted by:
Prepared by:
'-1W C� d 4 Foe-
PATRICIA TEMPLE DAVID LEPO
Planning Director Hogle- Ireland, Inc.
Project Planner
Attachments: 1. Draft Amendment No. 2 to Professional Services Agreement
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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR CEQA DOCUMENTS FOR PROJECT ON WEST
COAST HIGHWAY AT DOVER DRIVE
THIS AMENDMENT is made and entered into as of this 20 day of January,
2006, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City"), and RBF CONSULTING, a corporation, whose address is
14725 Alton Parkway, Irvine, California 92618 ( "Consultant "), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City and Consultant entered into a Professional Services Agreement
(Agreement) on November 17, 2006, for preparation of a mitigated
negative declaration and other environmental documents in accordance
with the California Environmental Quality Act for the project located at the
northwesterly corner of Dover Drive and West Coast Highway in Newport
Beach, California.
C. Consultant performed certain of the duties set forth in the Agreement and
was paid for such duties consistent with the Agreement.
D. City desires to have Consultant complete additional duties determined
necessary in addition to all duties set forth in the Agreement and not
previously completed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope
of Services attached to the Agreement and all the services described in
the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference. The City may elect to delete certain tasks of the
Scope of Services attached hereto at its sole discretion.
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3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section, the
Schedule of Compensation attached to the Agreement as Exhibit B and
incorporated herein by reference, and the Billing Rates attached to the
Agreement as Exhibit C and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with the
Agreement and with this Amendment, including all reimbursable items and
subconsultant fees, shall not exceed ONE HUNDRED TWENTY -ONE
THOUSAND FOUR HUNDRED NINETY -FIVE AND NO 1100
($121,495.00) without additional authorization from City. Consultant's
compensation includes the Agreement amount of One Hundred Ten
Thousand Nine Hundred Ninety -Nine and No /100 ($110,995.00) and an
amount for Amendment No. a approved hereunder of Ten Thousand Five
Hundred Dollars and no /100 ($10,500). No billing rate changes shall be
made during the term of this Amendment without the prior written approval
of City.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH, •
A Municipal Corporation
By:
Robin Clauson, City Attorney Homer Bludau, City Manager
for the City of Newport Beach for the City of Newport Beach
ATTEST: CONSULTANT:
By: By:
LaVonne Harkless, Gary Armstrong,
City Clerk Senior Vice President
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C- Billing Rates
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EXHIBIT "A"
SCOPE OF SERVICES
Conceptual Plan Work Program
RBF prepared a conceptual plan showing modified roadway striping to minimize
roadway widening to implement three westbound through lanes at the project related
"Gateway Driveway /Coast Highway intersection. This effort also required
coordination between RBF and City staff to identify appropriate roadway cross -
sections to achieve the conceptual plan goal of minimizing roadway widening for
implementation of the three westbound through lanes. The conceptual plan and
tasks necessary to its preparation were not anticipated or included in the initial
Professional Services Agreement or in Amendment No. 1 to the Agreement.
The following tasks were completed in association with preparation of the conceptual
plan:
■ Overlay AutoCAD drawings provided by project applicant showing roadway
widening and striping plans over aerial image in project vicinity.
■ Modify roadway striping plans to accommodate three westbound through
lanes at Gateway DrivewayM est Coast Highway intersection and to minimize
Caltrans standards exemptions.
■ Revise conceptual roadway striping plan to show new McDonalds restaurant
driveway locations based on recent retrofit of facility.
■ Show transition of sidewalk between proposed Mariner's Mile Gateway
project and adjacent McDonalds restaurant.
■ Include continuous left -turn lane in center median of West Coast Highway
west of proposed "Gateway DrivewayANest Coast Highway: intersection to
accommodate site access to McDonalds restaurant.
■ Improve the angle point at DoverNVest Coast Highway intersection in the
eastbound direction by utilizing the large eastbound hatched area between
the left -turn lane and number 1 through lane. Potentially modify length of
eastbound left -tum lanes at DoverNVest Coast Highway intersection to
accommodate angle point improvements.
Extend number three eastbound through lane at the DoverNVest Coast
Highway intersection to accommodate longer stacking distance for cars at
intersection, if possible.
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EXHIBIT "B"
SCHEDULE OF COMPENSTATION
Additional Fee
Scope of Services Task per
Amendment
West Coast Highway Conceptual Plan $10,500
Total Additional Fees $10,500
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OTHER SERVICES AND FEES
PermitProcessor .................................................................................................... ............................... $95.00
Clerical/Word Processing .......................................................................................... ............................... 50.00
Consultation Relative to Legal Actions .................................................................... ............................... 270.00
VehicleMileage .......................................................................................................... ............................... 0.50 /mile
Note:
Blueprinting, reproduction, messenger service and other direct expenses will be charged as an addi4onal cost plus 15%. A Sub - consultant
Management Fee of fifteen - percent (15 %) will be added to the direct cost of all sub-consultant services to provide for the cost of
administration, sub-consullant consultation and insurance.
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EXHIBIT f1c"
BILLING RATES (HOURLY)
OFFICE PERSONNEL
$ / Hr.
SeniorPrincipal ..................................................................................................... ...............................
$215.00
Principal................................................................................................................. ...............................
195.00
ProjectDirector ....................................................................................................... ...............................
175.00
ProjectManager ..................................................................................................... ...............................
152.00
StructuralEngineer ................................................................................................. ......
.......................... 152.00
ElectricalEngineer .................................................................................................. ...............................
134.00
Senior Engineer /Senior Planner ............................................................................. ...............................
135.00
LandscapeArchitect ............................................................................................... ...............................
123.00
Project Engineer/Project Planner ............................................................................ ...............................
116.00
Environmental Specialist ......................................................................................... ...............................
112.00
CorrosionEngineer ................................................................................................. ...............................
112.00
Design Engineer /Senior Designer/ Mapper .............................................................. ...............................
108.00
Designer/Plan ner ......................................................................................................
............................... 94.00
GISAnalyst ...............................................................................................................
............................... 90.00
GraphicArtist. ..........................................................................................................................................
80.00
Environmental AnalystlStaff Planner ........................................................................
............................... 80.00
DesignTechnician .................................................................:..................................
............................... 78.00
Assistant Engineer / Planner ............................................................. ...............................
.......................... 74.00
Engineering Aid /Planning Aid ...................................................................................
............................... 60.00
FIELD PERSONNEL
2- Person Survey Crew ......................................................................................... ...............................
$200.00
1- Person Survey Crew .......................................................................................... ...............................
145.00
FieldSupervisor .................................................................................................... ...............................
138.00
CONSTRUCTION MANAGEMENT PERSONNEL
ConstructionManager ........................................................................................... ...............................
$150.00
Resident Engineer /Project Manager ....................................................................... ...............................
127.00
Senior Construction Inspector ...................................................................................
............................... 98.00
Construction Inspector ..............................................................................................
............................... 95.00
FieldOffice Engineer ................................................................................................
............................... 90.00
Construction Technician ...........................................................................................
............................... 78.00
OTHER SERVICES AND FEES
PermitProcessor .................................................................................................... ............................... $95.00
Clerical/Word Processing .......................................................................................... ............................... 50.00
Consultation Relative to Legal Actions .................................................................... ............................... 270.00
VehicleMileage .......................................................................................................... ............................... 0.50 /mile
Note:
Blueprinting, reproduction, messenger service and other direct expenses will be charged as an addi4onal cost plus 15%. A Sub - consultant
Management Fee of fifteen - percent (15 %) will be added to the direct cost of all sub-consultant services to provide for the cost of
administration, sub-consullant consultation and insurance.
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PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR CEQA DOCUMENT PREPARATION
FOR MARINER'S MILE GATEWAY (PA 2004 -141) PROJECT
THIS AGREEMENT is made and entered into as of this 17th day of November, 2005,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"),
and RBF CONSULTING, a California corporation whose address is 14725 Alton
Parkway, Irvine, California, 92618 ( "Consultant"), and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is preparing a mitigated negative declaration and other environmental
documents ( "Project ") in accordance with the California Environmental Quality
Act for a proposed retail center on West Coast Highway located at the
northwesterly corner of West Coast Highway and Dover Drive, described as
Planning Application PA 2004 -141.
C. On July 26, 2004, City entered into an agreement ( "the 2004 Agreement ") with
Consultant to pay $64,540 for preparation of a mitigated negative declaration
and other environmental documents ( "Project ") required for the proposed retail
center. The 2004 Agreement expired on July 26, 2005, prior to completion of
Project. During the period the 2004 Agreement was in effect, changes to the
scope of analysis of the retail center necessitated substantial additional work on
some aspects of the Project, and delayed performance on other aspects of the
Project. The original tasks to be performed by Consultant under the 2004
Agreement are described in Exhibit A, the 2004 Scope of Services, attached
hereto and incorporated by reference. The delays and changes encountered in
performing the work required under the 2004 Agreement, and the tasks
necessary to complete the Project, are described in Exhibit B, the 2005 Scope of
Services, attached hereto and incorporated by reference.
D. As of the date of this Agreement, approximately $39,500 of the $64,540 has
been paid to Consultant for work done in accordance with the 2004 Agreement.
Changes to the Mariner's Gateway project make the remaining $25,040
inadequate to cover costs of completing the Project.
E. City desires to engage Consultant to complete all duties set forth in the 2004
Agreement, as well as to perform additional duties required to complete the
Project.
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F. On October 25, 2005, the City Council approved the additional expenditure of
$46,455 to complete the expanded work needed on the Project, and authorized
the City Manager to sign the Agreement.
G. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
H. The principal member of Consultant for purposes of Project, shall be Collette
Morse, AICP, Senior Project Manager, RBF Consulting.
City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 26th day of May, 2006, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibits A and B and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
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3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section, the Schedule of
Compensation attached hereto as Exhibit C, and the Schedule of Billing Rates
attached hereto as Exhibit D and incorporated herein by reference. Consultant's
compensation for all work performed in accordance with this Agreement and the
2004 Agreement, including all reimbursable items and subconsultant fees, shall
not exceed ONE HUNDRED TEN THOUSAND NINE HUNDRED NINETY -NINE
AND NO1100 ($110,995.00) ( "Contract Amount "), the total of the fixed price
fees agreed to under the 2004 Agreement and this Agreement, without additional
authorization from City. Consultant acknowledges and agrees that the City has
paid Consultant approximately THIRTY -NINE THOUSAND FIVE HUNDRED
DOLLARS AND NO CENTS ($39,500.00) of the Contract Amount and that any
additional sums for work satisfactorily performed in accordance with the terms
and conditions of the 2004 Agreement will be paid from the Contract Amount
pursuant to this Agreement. Except as expressly provided herein, Consultant
waives and releases any claim for additional compensation under the 2004
Agreement.
Initials <�r
At no time during the course of performance of this Agreement shall any of the
billing rates listed in Exhibit D be changed without the prior written approval of
City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the speck task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
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Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit C.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project 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 COLLETTE
MORSE, AICP to be its Project Manager. Consultant shall not remove or
reassign the Project Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to the Project without the prior written consent of
City. City's approval shall not be unreasonably withheld with respect to the
removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. JIM
CAMPBELL shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
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In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
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arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and/or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
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
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Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City s Risk
Manager.
D. Coverage Requirements.
L Workers'. Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' ' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
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injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
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vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely /Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership orjoint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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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
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. 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
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infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. 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.
23. 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.
24. 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 bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
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The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Jim Campbell
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3210
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Collette Morse
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618
Phone: (949) 855 -3653
Fax: (949) 837 -4122
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
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receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. 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.
30. 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.
31. 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.
32. 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.
33. AMENDMENTS
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This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
a on Harp, Assist Ant City Attorney
for the City of Newport Beach
ATTEST:
p
B i . A I A�
LaVonne Harkless,
City Clerk
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CITY OF NEWPORT BEACH,
A Municipal Corporation
By.
Omer Bluda , City Manager
for the City of Newport Beach
CONSULTANT: RBF Consulting, Inc.
By: 1
Gary Arm ong
Senior V)te President
Doug ost
Chie F nancial Officer
9
Attachments: Exhibit A — 2004 Scope of Services
Exhibit B — 2005 Scope of Services
Exhibit C - Schedule of Compensation
Exhibit D — Schedule of Billing Rates
Rev: 08- 30 -04 /da
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Newport Commercial Project
Environmental Clearance Document
1. PROJECT UNDERSTANDING AND APPROACH
The City of Newport Beach is seeking to retain an environmental and traffic consultant team to
prepare an environmental clearance document (Mitigated Negative Declaration) forthe proposed
Newport Commercial Project located at West Coast Highway and Dover Drive. The project
proposes development on an approximately 112,000 square foot site, which is comprised of 17 lots.
Presently, the property is improved with approximately 19,700 square feet of one- and two -story
buildings primarily occupied by general retail uses, and automobile and boat sales. The Project
Applicant is proposing to removing existing on -site uses and construct commercial buildings totaling
56,000 square feetfor general retail uses, and an approximately 100,000 square foot subterranean
parking garage.
The following scope of work reflects the work program for RBF Consulting (RBF) to prepare the
environmental document for the proposed project. RBF has assumed that a Mitigated Negative
Declaration would be necessary, but the outcomes of some of the technical reports could
necessitate the preparation of an EIR, which would require a separate scope of work.
RBF is assuming that the site plans, floor plans and other illustrations, as well as technical studies
generated by the Project Applicant, Allied Retail Partners, LLC, would be available in electronic form
and forwarded to RBF for use in the environmental document.
Proposal to WF
City of Newport Beach 1
Newport Commercial Project
Environmental Clearance Document
IL SCOPE OF WORK
Assumptions
RBF has assumed that City Staff will be responsible for the preparation of all CEQA notices (Notice
of Availability, Notice of Intent, Negative Declaration and Notice of Determination) and all public
noticing to comply with City requirements.
In addition, the RBF Team has assumed that no modifications to the project description would occur
after the development of the project description as part of Task 2,0. Any modifications to the project
description after it has been approved by City Staff would constitute a change in the work program,
and would require a modification to the scope and fee. Any modifications to the work program
would be performed on a time and materials basis as extras to the contract.
Task 1.0 Project Team Kick -Off Meeting
At the outset of the program, the RBF Team will meet with appropriate City Staff and Project
Applicant representatives to establish a mutual understanding of the key issues to be addressed,
and obtain existing documents applicable to the project. The most important purpose of the meeting
will be to clearly define City expectations for the planning process and to define basic objectives for
the environmental analysis.
Task 1.O' Meetin gs Project Initiation Meeting at City. }
Task 2.0 Refine Project Scope
Following the Kick -Off meeting, the RBF Team will refine the scope of work and work schedule for
review by City Staff prior to commencing work on any technical studies or the initial study.
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Task 2.G Deliverables:' II Final'Project • cope Fee' an&Schedule
Task 3.0 DeveVop Project Description
A critical initial step will be to accurately define the project description. Based on plan alternatives
and other project details determined in Task 1.0, RBF will draft a preliminary project description for
review and approval by City Staff.
Proposal to
City of Newport Beach 2 °
Newport Commercial Project
Environmental Clearance Document
P.. I
Task 3 0 Deliverables: Draft'dEOA Project Description'F ~ `
y , ' ` - K •`k Final -CEQA Project, Des_cnption'
Task 4.0 Technical Analyses
A number of plans or studies will need to be prepared for the proposed project. RBF is assuming
that the Project Applicant will provide the following plans or studies:
Lighting Plan;
• Photometric Analysis of Lighting Plan;
• Landscape Plan;
Hydrology and Drainage Analysis; and
• Geology and Soils Analysis.
In addition, the following technical studies will be prepared for the proposed project:
Traffic;
Air Quality; and
Noise.
4.1 Traffic Analysis
RBF will prepare a traffic impact analysis to support environmental documentation of the proposed
West Coast Highway /Dover Drive Retail Center Project in accordance with the City of Newport
Beach Traffic Phasing Ordinance (TPO).. The proposed project consists of construction of a 56,000
square feet retail center. The project site is located at the northwest corner of the West Coast
Highway /Dover Drive intersection in the City of Newport Beach. The proposed project will
consolidate ten driveway curb cuts into three driveway curb cuts consisting of two right -in -right -out
access points and one signalized full- access point.
The retail center would consist of approximately 33,050 square feet of specialty retail, a 13,000
square feet drug store, and 9,950 square feet of medical /office land use. The proposed retail center
would displace approximately 19,700 square feet of existing retail and automobile land uses.
This scope of work has been prepared based on comments received from City of Newport Beach
Traffic Engineering staff.
Proposal to
City of Newport Beach 3
Newport Commercial Project
Environmental Clearance Document
Study Conditions
The analysis will document typical weekday traffic conditions for the following five analysis
scenarios:
• Existing Conditions;
• Existing + Ambient Growth + Approved Projects Conditions;
• Existing + Ambient Growth + Approved Projects + Project Conditions;
• Existing + Ambient Growth + Approved Projects + Cumulative Projects Conditions;
and
• Existing + Ambient Growth + Approved Projects + Cumulative Projects + Project
Conditions.
The last two scenarios are included to satisfy requirements identified in the California Environmental
Quality Act (CEQA).
Study Area
As part of the analysis, RBF will analyze up to 12 study intersections during the a.m. peak period
(7:00 a.m. to 9:00 a.m.) and the p.m. peak period (4:00 p.m. to 6:00) on a typical weekday (Tuesday,
Wednesday, or Thursday). The precise study intersections will be identified based on discussion
with City staff. This scope of work assumes City staff will provide intersection turning movement
count data.
Trip Generation
The traffic impact studywill identify the number of daily and peak hourtrips forecastto be generated
by the proposed project, using the City of Newport Beach Traffic Analysis Model ( NBTAM) trip
generation rates, Institute of Transportation Engineers (ITE), 7'" Edition trip generation rates, or
other source as directed by the City.
To account for displacement of the existing land uses, RBF will forecast the number of daily and
peak hour trips utilizing NBTAM or ITE trip rates and subtract those trips from trips forecast to be
generated by future use of the site in the with project analysis scenarios.
Assumptions regarding project trip generation will be reviewed and approved by City staff prior to
inclusion in the analysis.
Trip Distribution and Assignment
The traffic study will provide a forecast distribution of project- generated trips. Prior to utilization in
the analysis, City staff will approve trip distribution.
Level of Service
The analysis will include a one - percent analysis for all study intersections to determine which
intersections require further traffic analysis. As denoted in the TPO, intersections will be included in
further analysis if project - generated traffic causes an increase of one - percent or more on any leg of
the study intersection.
Proposal to PF
City of Newport Beach 4
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Newport Commercial Project
Environmental Clearance Document
The analysis will assess the proposed project's forecast traffic impacts during the a.m. peak hour
and p.m. peak hour at the study intersections. The analysis will document the existing operation of
the study intersections, and determine near -term operation of the study intersections both with and
without the proposed project to identify project - related traffic impacts using the Intersection Capacity
Utilization (ICU) analysis methodology. The City of Newport Beach target for intersection level of
service (LOS) operation is LOS D or better.
Forecast near -term traffic conditions will be based on an annual traffic growth rate and specific
approved projects traffic data supplied by the City to adjust existing traffic volumes to accommodate
ambient growth.
Cumulative traffic conditions will be analyzed in a separate section to satisfy CEQA requirements.
Cumulative traffic conditions will be based on forecast near -term traffic conditions and will
incorporate specific cumulative projects traffic data supplied by the City.
If the analysis shows that the proposed project will significantly impact an intersection based on City
of Newport Beach thresholds of significance, mitigation measures will be recommended in
accordance City of Newport Beach performance criteria. Proposed mitigation measures will be
accompanied by a schematic of the improvements, engineers cost estimate, and a fair share
proportion in accordance with the TPO. This scope of work assumes conceptual engineering plans
and cost estimates for proposed mitigation measures at up to four intersections.
The analysis will also document forecast operating conditions after application of any recommended
mitigation measures in accordance with the Traffic Phasing Ordinance.
Proposed Site Access
Traffic signal warrants will be prepared for the proposed signalized project access on West Coast
Highway intersection utilizing Caltrans Traffic Manual New Intersection Signal Warrant analysis
methodology.
The analysis will include an operational impact of the proposed traffic signal utilizing the City of
Newport Beach Synchro model. The traffic study will utilize the City of Newport Beach Synchro
model to identify queueing requirements and appropriate stacking distances at the proposed Project
AccessNNest Coast Highway intersection.
To demonstrate site access operations will be improved with the proposed consolidation of ten
driveway curb cuts to consist of three driveway curb cuts, RBF will count trips generated by the
existing retail /automobile land uses at each of the ten driveway curb cuts. The study will compare
the operation of site access for pre - project conditions and with project conditions to show the
improved function of left -tums into and out of the project site area. The traffic studywill address the
improved operations of Coast Highway with the proposed widening on the project site frontage, and
the limits of improvements to Coast Highway.
Pedestrian usage and signal display visibility at the proposed Project Access/West Coast Highway
intersection will be discussed.
Proposal to PF
City of Newport Beach 5
Newport Commercial Project
Environmental Clearance Document
On -Site Circulation
The analysis will include a discussion of the operations of the proposed subterranean parking
structure and other parking and loading facilities. The study will discuss the parking ramp slopes,
aisle dimensions, turning radii, signage and lighting to ensure the facility is constructible according to
City of Newport Beach standards.
Orange County Congestion Management Program Analysis
The purpose of the Orange County Congestion Management Program (CMP) is to develop a
coordinated approach to managing and decreasing traffic congestion by linking the various
transportation, land use and air quality planning programs throughout the County. The program is
consistent with that of the Southern California Association of Governments.(SCAG). The CMP
requires review of significant individual projects that might on their own impact the CMP
transportation system.
The Orange County CMP has identified projects generating 1,600 trips /day and will directly access
or be in close proximity to a CMP Highway System link should require a TIA.
This scope of work assumes the analysis study area will include the Newport Boulevard /Pacific
Coast Highway intersection to satisfy the Orange County CMP. If the CMP analysis shows that the
proposed project will significantly impact a CMP intersection based on Orange County CMP
thresholds of significance, mitigation measures will be recommended in accordance with Orange
County CMP performance criteria.
Air Quality Traffic Assessment & Acoustical Traff ic Assessment
This scope of work assumes the traffic analysis will provide supplemental information to support air
quality and acoustical analyses.
4.2 Air Quality Analysis
RBF will prepare the air quality analysis for the proposed project. The air quality analysis will place
particular emphasis on delineating the issues specific to City of Newport Beach (City) and South
Coast Air Quality Management District (AQMD) air quality requirements. RBF will prepare a
technical air quality analysis consistentwith all applicable procedures and requirements for inclusion
in the Initial Study /Mitigated Negative. Declaration.
Background/Research
RBF will extract relevant information from sources including the South CoastAirQuality Management Districts
Air Quality Management Plan. RBF will rely upon the traffic consuttantto provide projecttrip generation data, as
well as peak hour traffic volumes and levels of service or travel speed data for relevant segments of Pacific
Coast Highway and Dover Drive under existing and future conditions. Additionally, RBF will rely upon thetraffic
consultant to provide peak inbound /outbound trips for the parking garage.
Proposal to
City of Newport Beach 6
• 0
Newport Commercial Project
Environmental Clearance Document
Analysis
RBF will perform project-related operational and construction emissions analyses using the
URBEMIS2002 model developed by the California Air Resources Board (GARB). RBF will also model
worst -case local CO concentrations at up to two locations using Caltrans' CALINE4 model and emission
factors generated from the CARB's EMFAC2002 program.
RBF will discuss potential Project impacts upon climate and air quality, addressing temporary:
construction emissions and long -term emissions from project operations associated with daily
vehicle travel and energy consumption. Short-term air quality impacts will be discussed focusing on
dust generation, construction vehicle emissions, and possible odors. If sufficient construction details
are available, RBF will estimate pounds per day of daily construction emissions.
Project total emissions will be compared to the total South Coast Air Basin emissions. The report
will also address stationary source emissions of proposed uses (qualitatively). In addition, project
consistencywith the SCAQMD Final Air Quality Management Plan will be evaluated based upon the
City of Newport Beach General Plan and Southern California Association of Governments (SCAG)
growth forecasts. The analysis will be based on the project buildout year in addition to cumulative
conditions.
4.3 Noise Analysis
RBF will prepare the noise impact analysis for the proposed project. The noise impact analysis will
address the noise requirements of the City and consistency with all applicable procedures and
requirements for inclusion in the Initial Study /Mitigated Negative Declaration.
Background /Research
RBF will extract relevant information from sources including the City's General Plan Noise Element and
Caltrans' Truck Volumes document. RBF will rely upon the traffic consultant to provide average daily
traffic volume data for relevant segments of Pacific Coast Highway and Dover Drive. With and without
Project conditions will need to be distinguished.
Reconnaissance-Measurements
Fourshort-term measurements (each approximately 15 to 30 minutes in duration)will be performed in the
Project vicinity to sample existing noise levels. Where appropriate, traffic counts will be performed
simultaneous to the measurements to facilitate validation of the traffic noise model. General observations
regarding the noise environment will be recorded.
Analysis
RBF will model traffic noise levels using methods consistent with the Federal Highway Administration's
Highway Traffic Noise Prediction Model (FHWA-RD-77-108). RBF will also provide general estimates of
noise exposure from temporary (construction- related) and operational activities on the project site. RBF
will coordinate with the appropriate agencies to determine whether the project will conform to all relevant
noise ordinance policies. If required, RBF will recommend abatement measures in accordance with the
City of Newport Beach Municipal Code (design level acoustic engineering specifications can be provided
Proposal to PF
City of Newport Beach 7
Newport Commercial Project
Environmental Clearance Document
under a separate scope and fee). The report will describe the methodology, data, findings and
recommendations of the study,
Exclusions
This scope of work does not include detailed noise barrier design or any other physical mitigation
measures.
4.4 Optional Tasks
If desired by the City, the RBF Team can conduct peer review analysis of the applicant- provided
technical studies. The costs for conducting this analysis will be provided upon request.
Task 5.0 Preparation of Initial Study /Environmental Checklist
RBF will prepare an Initial Study in accordance with the City's Initial Study Checklist form and /or the
most recent Environmental Checklist Form, as amended in the CEQA Guidelines. The Initial
Study /Environmental Checklist will include detailed explanations of all checklist determinations and
discussions of potential environmental impacts. The analysis shall be in accordance with Sections
15063, 15162, 15167 and 15168 of the CEQA Guidelines. The Initial Study /Environmental Checklist
document will include the sections identified below.
5.1 Introduction
This section will cite the environmental review requirements of the project, pursuant to CEQA and
the City guidelines. The Introduction will include the project location, environmental setting, existing
uses on -site and in the vicinity, the Project Description, Project Phasing, relevant background /history
information for the Specific Plan area, and General Plan and zoning requirements.
5.2 Environmental Checklist
This section is modeled after Appendix G, Environmental Checklist Form, of the CEQA Guidelines
and will include a summary page of project information followed by an explanation of factors
considered for potential impacts. The comprehensive Newport Beach Initial Study /Environmental
Checklist will be presented in a four column layout, identifying: 1) Potentially Significant Impacts, 2)
Less Than Significant Impacts Unless Mitigation Incorporated, 3) Less than Significant Impacts, and
4) No Impacts. The section will provide a listing of documentation that will be Incorporated by
Reference and notations forall references utilized for the determination.
Proposalto
City of Newport Beach 8
7-ask'4 0 Deliverables;
Traffic; Impact`Analysis�
Air,Quality'Arialysis
Y =,
Noise Analysis
_
X k
Task 5.0 Preparation of Initial Study /Environmental Checklist
RBF will prepare an Initial Study in accordance with the City's Initial Study Checklist form and /or the
most recent Environmental Checklist Form, as amended in the CEQA Guidelines. The Initial
Study /Environmental Checklist will include detailed explanations of all checklist determinations and
discussions of potential environmental impacts. The analysis shall be in accordance with Sections
15063, 15162, 15167 and 15168 of the CEQA Guidelines. The Initial Study /Environmental Checklist
document will include the sections identified below.
5.1 Introduction
This section will cite the environmental review requirements of the project, pursuant to CEQA and
the City guidelines. The Introduction will include the project location, environmental setting, existing
uses on -site and in the vicinity, the Project Description, Project Phasing, relevant background /history
information for the Specific Plan area, and General Plan and zoning requirements.
5.2 Environmental Checklist
This section is modeled after Appendix G, Environmental Checklist Form, of the CEQA Guidelines
and will include a summary page of project information followed by an explanation of factors
considered for potential impacts. The comprehensive Newport Beach Initial Study /Environmental
Checklist will be presented in a four column layout, identifying: 1) Potentially Significant Impacts, 2)
Less Than Significant Impacts Unless Mitigation Incorporated, 3) Less than Significant Impacts, and
4) No Impacts. The section will provide a listing of documentation that will be Incorporated by
Reference and notations forall references utilized for the determination.
Proposalto
City of Newport Beach 8
Newport Commercial Project
Environmental Clearance Document
5.3 Environmental Analysis
The Environmental Analysis sections will provide vital supporting information for the conclusions
rendered for the Environmental Checklist. This section will review the following issues:
• Aesthetics: Project conformity with City design standards.
• Agriculture Resources: Impacts to agricultural resources.
• Air Quality: Emission impacts in consideration of SCAQMD thresholds.
• Biological Resources: Impacts to biological resources.
• Cultural Resources: Impacts to archaeological and historical resources.
• Geology /Soils: Seismicity, soils and erosion potential.
• Hazards & Hazardous Materials: Hazardous substances and emergency access.
• Hydrology/Water Quality: Drainage, downstream impacts and groundwater quality.
• Land Use/Planning: Address existing policies, consistency and compatibility.
• Mineral Resources: Impacts to mineral resources.
• Noise: On and off -site noise levels in consideration of nearby sensitive receptors.
• Population/Housing. Comparison with local projections and potential for growth
inducement.
• Public Services: Police, fire and school impacts.
• Recreation: Impacts on recreational facilities.
• Transportation/Traffic: Generation rates, turning movement, capacity thresholds and
access.
• Wilities/Service Systems: Electricity, solid waste, water and wastewater systems.
• Mandatory Findings of Significance: Focused on cumulative impacts.
This section will provide a detailed response to each question in the Environmental Checklist, as
well as identify mitigation measures to reduce impacts to less than significant levels. RBF's
approach to the analysis portion of the document is to provide thorough, detailed and conclusive
impact analysis.
5.4 Inventory of Mitigation Measures
This section includes a comprehensive listing of all mitigation measures identified in Task 5.3.
5.5 Determination
The determination page will conclude the appropriate action based upon the environmental analysis.
5.6 Graphic Exhibits
The environmental document will include a maximum of ten (10) exhibits to enhance the written text
and clarify the proposed project and potential environmental impacts. Exhibits are anticipated to
include: Regional Vicinity Map, Site Vicinity Map, Land Use Plan and Traffic Exhibits.
Proposal to
City of Newport Beach 9
Newport Commercial Project
Environmental Clearance Document
Task 6.0 Draft Initial Study
RBF will submit the Draft Initial Study for review and comment by the City. RBF will also submit one
(1) "check copy" of the final draft document which will incorporate one complete set of comments
received from the City.
Task 5 0 & 6.'0 Deliverables 5 Copies of Draft Initial Study
,..
•a p I Initial Study.
5 Co ies of "check copy ,df,Fina y
y
Task 7.0 Final Initial Study
RBF will submit the Final Initial Study to the City.
4 .
Task 7 0 Deliverables: ' 35rCopiesiofiFinal Indial Study, :; #
1,Carnera'ReadyOriginal of Final,lnitial Study t
-1-CUwithlrelec t r`o lcvers_ion of Final Initial StudyantliGraphics'
Task 8.0 Mitigation Monitoring Program
RBF will prepare the mitigation monitoring program pursuant to Section 21081.6 of CEQA. RBF will
submit a draft version for City review and will follow with a finalized mitigation monitoring program.
Task S 0 Deliverables- T 1 Copy of Draft,MitigationMonitoring Program
"• E 1 Copy of Final Mitigation,,, Monitoring Program ; x.
Electronic version of Final Mitigation Monitoring Program
Task 9.0 Meetings and Public Hearings
RBF anticipates several meetings with City Staff and the Project Applicant, including progress
meeting and public hearings. Ms. Morse, along with other key project team personnel, will also be
available to attend meetings with affected jurisdictions, agencies and organizations as needed to
identify issues and assess impacts. RBF assumes that City Staff will arrange the public meetings
and provide appropriate materials.
Should the City determine that additional meetings beyond the following four (4) meetings are
necessary, services will be provided under a separate scope of work on a time and materials basis
(preliminary estimate is $750 per meeting, for each RBF staff member in attendance). The following
is an outline of anticipated meeting attendance needs..
Proposal to
City of Newport Beach 10 ° ° °
Newport Commercial Project
Environmental Clearance Document
Task 9 A Meetings:. " Two (2){ meetings with City Staff, and r
Project-Applicant to
°Y
provide wnttens and ",oral progress reporls,r resolve- issues,
review. comments Ion documents a_nd receive any, necessary,,
direction from,Cty staff.
Two (2!) publib I eanngs,';
,
Task 10.0 Project Management /Coordination
Ms. Collette Morse, AICP, will be responsible for management and supervision of the Project Team,
as well as consultation with the City. Ms. Morse will coordinate with all technical staff, consultants,
support staff and word processing toward the timely completion of the environmental document'.
Task 11.0 Environmental Impact Report (Optional Task)
Based upon the findings of the Initial Study and in accordance with Article 7 of the CEQA
Guidelines, the City of Newport Beach may find that significant and unavoidable environmental
impacts may occur and an Environmental Impact Report (EIR) should be prepared. If selected as
an option, RBF will prepare a further refined Scope of Work for the preparation of an EIR. The EIR
Scope of Work would also include tasks for meeting time, project management, noticing, Draft and
Final EIR, and reproduction costs (additional technical studies may also be required).
Task 12.0 Comments and Responses (Optional Task)
After the close of the required public review period for the mitigated negative declaration, RBF,
K -H and City staff will review the comment letters received during the public review period and
determine if it is necessary to produce written responses to the comments. If so, this task is
considered outside the scope of this contract and would be completed on a time and materials
basis.
Proposal to
City of Newport Beach 11 °
T,
ilk r
Task 10.0'�D'eLverables
J
Ongoing Protec�ti'Coordination,
,tI
e
Task 11.0 Environmental Impact Report (Optional Task)
Based upon the findings of the Initial Study and in accordance with Article 7 of the CEQA
Guidelines, the City of Newport Beach may find that significant and unavoidable environmental
impacts may occur and an Environmental Impact Report (EIR) should be prepared. If selected as
an option, RBF will prepare a further refined Scope of Work for the preparation of an EIR. The EIR
Scope of Work would also include tasks for meeting time, project management, noticing, Draft and
Final EIR, and reproduction costs (additional technical studies may also be required).
Task 12.0 Comments and Responses (Optional Task)
After the close of the required public review period for the mitigated negative declaration, RBF,
K -H and City staff will review the comment letters received during the public review period and
determine if it is necessary to produce written responses to the comments. If so, this task is
considered outside the scope of this contract and would be completed on a time and materials
basis.
Proposal to
City of Newport Beach 11 °
0 0
Newport Commercial Project
Environmental Clearance Document
111. BUDGET ESTIMATE
[Insert Budget Spreadsheet]
Proposal to WF
City of Newport Beach 12
Newport Commercial Project
Environmental Clearance Document
STATEMENT OF FINANCIAL CONDITIONS
Progress billings will be forwarded based on payment criteria established bythe City. These billings
will include the fees earned for the billing period. The City shall make every reasonable effort to
review invoices within fifteen (15) working days from the date of receipt of the invoices and notify
Consultant in writing of any particular item that is alleged to be incorrect.
The fees proposed herein shall apply until June 30, 2005. Due to annual increases in costs
associated with inflation, staff wage increases and increases in direct costs, Consultant will increase
those portions of the contract fee for which work must still be completed after June 30, 2005 by ten -
percent (10 %).
Deviations or modifications from the Scope of Work will result in potential re- evaluation of the
associated fees. Items not specifically stated in the proposal will be considered an additional work
item.
All work will be performed at a "Not to Exceed" contract price, which will become the fixed price
upon completion of negotiations with the staff authorized to negotiate and agreement. The total
budget includes all miscellaneous costs for travel /mileage, reproduction, telephone, postal, delivery,
reference materials and incidental expenses.
Proposal to
City of Newport Beach 13
4
■ an ■
CONSULTING
September 27, 2005 JN: 10- 103821
Mr. Jim Campbell, Senior Planner
Mr. David Lepo, Contract Planner
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92658 -8915
SUBJECT: CONTRACT ADDENDUM No. 1 - PREPARATION OF TECHNICAL ANALYSES AND CEQA
DOCUMENT FOR MARINERS MILE GATEWAY PROJECT
Dear Mr. Campbell and Mr. Lepo:
RBF Consulting is submitting this Contract Addendum No. 1 for items not accounted for in our current
Agreement with the City of Newport Beach for the Mariners Mile Gateway Project. Our contract with
the City was executed on July 26, 2004, and included a scope of work to prepare three technical
studies (traffic and parking, air quality and noise), as well as prepare an Initial Study/Mitigated
Negative Declaration for the project.
Since the project kick -off meeting with City Staff, Applicant Team and RBF Consulting (RBF) on
August 10, 2004, the Mariners Mile Gateway Project has not progressed as quickly as envisioned by
the term of the contract. A number of issues have required the Applicant to revise project plans to
respond to City comments over the past year. These changes have required RBF to begin and put
on -hold the preparation of both technical studies and the environmental documents several times
throughout the last year. Also, additional analyses and memorandums related to traffic have been
prepared to respond to City Staff concerns or comments over the past year.
This contract addendum addresses the following areas:
• Traffic Impact Analysis
• Air Quality Analysis
• Noise Analysis
• Environmental Analysis
• Graphics
• Meetings and Public Hearings
• Project Coordination
PLANNING ■ DESIGN ■ CONSTRUCTION
14725 Albn PalkNmy, Irvine, CA 92518 -2027 • P.O. Box 57057, Irvine, CA 9281 &7057.949.4723505 • FAX 949.472.8373
Off boated Ihr%Qhout Califomia, Amnna & Nevada • v RBF.w
Mr. Jim Campbell and Mr. David Lepo, City of Newport Beach 16103821
September 27, 2005
Page 2
Traffic lmpactAnalysis
RBF was originally scoped to prepare a stand -alone traffic and parking analysis for the proposed
project. Over the past year, RBF has been asked to prepare the following additional analyses:
• Mariners Mile Gateway Project West Coast Highway /Gateway Drive Queing Evaluation -
final draft submitted to the City on August 23, 2005.
• Newport Gateway: Driveway 1Mlest Coast Highway Traffic Signal Warrant Analysis - final
draft submitted to the City on August 31, 2005.
• Travel Time Analysis with Operational Analysis. This analysis was subsequently removed
from the Traffic Impact Analysis at the direction of City Staff.
• Visual Traffic Simulations using Synchro/Sim Traffic software.
• Sensitivity Analysis for alternative trip generation scenarios.
In addition to the aforementioned analyses, RBF has also:
• Revised the Traffic Impact Analysis several times to respond to changes in the project Site
Plan and project description.
■ Participated in ongoing coordination and meetings with City Staff and Project Applicant to
discuss Operational Analysis and Traffic Simulations.
At the request of City Staff, RBF has included two meetings with Caltrans. Should additional
meetings beyond the two meetings budgeted be necessary, they would be in addition to this contract
addendum and billed on a time and materials basis. The cost for each meeting is estimated at
$1,000 per meeting.
Air Quality and Noise Analyses
The existing conditions portions of these analyses were commenced over the last year, but the
analyses were put on-hold until both the project description and traffic analysis were finalized. The
additional costs for the two studies reflect the change in project description and the increase in staff
billing rates since the contract was originally executed.
Environmental Anatysis and Graphics
As previously mentioned, the project has been ever evolving over the past year. The change in
project description has required RBF to begin and put on -hold the preparation of the environmental
analysis and associated graphics several times throughout the last year. Additional costs have been
incurred to respond the changing project description.
Mr. Jim Campbell and Mr. David Lepo, City of Newport Beads - 10. 103821
September 27, 2005
Page 3
Meetings and Public Hearings
We are not proposing an increase to this task. Our original scope identified a moderate budget for
RBF Staff to attend meetings with City Staff and attend public hearings. Meetings with Caltrans are
reflected in the Traffic Impact Analysis task.
Project Coordination
The extended timeframe for the project has necessitated additional coordination with the City, City
Contract Staff and the Applicant Team.
Contract Addendum
The total funding request for Addendum No. 1 is $46,455, which is detailed on the following page.
The fees would remain effective with a contract termination extension of six months to February 26,
2006. Also attached is RBF's Hourly Billing Rates for 2005.
Please indicate your acceptance of the work program augmentation by signing the approval line on
the following page and returning the original to us.
E
Mr. Jim Campbell and Mr. David Lepo, City of Newport Beach
September 27, 2005
Page 4
FEE
10- 103821
Task
§ _ „
Ongi al
6o "ri`tract
g
F4ee
Additior al' Fees ,
yf '$,i
Re nest
"_ Total Revised -
Fee
1.0
Project Team Kick -Off Meeting
2;080
0
2,080
2.0
Refine Project Scope
500
0
500
3.0
Develop Project Description
2,000
0
2,000
4.1
Traffic Impact Analysis
27,800
32,200
60,000
4.2
Air Quality Analysis
2,720
1,000
3,720
4.2
Noise Analysis
4,080
1,750
5,830
5.1
Initial Study Introduction
275
0
275
5.2
Environmental Checklist
275
0
275
5.3
Environmental Analysis
5,500
9,000
14,500
5.4
Inventory of Mitigation Measures
425
0
425
5.5
Determination
200
0
200
5.6
Graphics
755
755
1,510
6.0
Draft Initial Study
4,260
0
4,260
7.0
Final Initial Study
1,090
0
1,090
8,0
Mitigation Monitoring Program
850
0
850
9.0
Meetings and Public Hearings
5,730
0
5;730
10.0
Project Coordination
1,500
1,750
3,250
Reimbursables
4;500
0
4,500
$64,540
1 $46,455
$110,995
We appreciate the opportunity to continue to be of service to the City of Newport Beach. Please do
not hesitate to call me at 949.855.3653 if you have any questions.
Sincerely,
Collette L. Morse
Senior Associate
Planning /Environmental Services
H:1p t\10103821C l.dCondAddei,dum No.1_9_27_06dx
APPROVED:
CITY OF NEWPORT BEACH (CLIENT)
By:
Title:
Date:
(Print Name)
• •
Mr. Jim Campbell and Mr. David Lepo, City of Newport Beach 10- 103621
September 27, 2005
Page 5
1 ;41
HOURLY RATE SCHEDULE
Effective January 2005
OFFICE PERSONNEL
S / Hr.
SeniorPrincipal. ....................................................................................................................................................
$215.00
Principal.........................................................................................................
............................... .........................195.00
ProjectDirector ...............................................................................................
............................... .........................175.00
ProjectManager .............................................................................................
............................... .........................152.00
StructuralEngineer .........................................................................................
............................... .........................152.00
ElectricalEngineer ..........................................................................................
............................... .........................134.00
Senior Engineer /Senior Planner ....................................................................
............................... .........................135.00
LandscapeArchitect... ........................................................................................................
............................. 123.00
Project Engineer/Project Planner ...................................................................
............................... .........................116.00
EnvironmentalSoecialist ................................................................................
............................... .........................112.00
CorrosionEngineer ........................................................................................ ...............................
.........................112.00
Design Engineer /Senior Designer/ Mapper .................................................... ...............................
.........................108.00
Designer / Planner ............................................................................................. ...............................
..........................94.00
GISAnalyst ................................................................................................................................
............................... g0.00
GraphicArtist ................................................................................................... ...............................
..........................80.00
Environmental Analyst/Staff Planner .............................................................. ...............................
..........................80.00
DesignTechnician.. ..............................................................................................
— ..... ...... .................................... 78.00
AssistantEngineer / Planner ............................................................................. ...............................
..........................74.00
Engineering Aid/Planning Aid ......................................................................... ...............................
..........................60.00
FIELD PERSONNEL
2- Person Survey Crew ................................................................................. ............................... ........................$200.00
1- Person Survey Crew .......................................................................................................... ............................... 145.00
FieldSupervisor ............................................................................................ ............................... .........................138.00
CONSTRUCTION MANAGEMENT PERSONNEL
ConstructionManager ...................................................................................
............................... ........................$150.00
Resident EngineedProject Manager ..............................................................
............................... .........................127.00
Senior Construction Inspector .........................................................................
............................... ..........................98.00
ConstructionInspector ....................................................................................
............................... ..........................95.00
FieldOffice Engineer .......................................................................................
............................... ..........................90.00
ConstructionTechnician ..................................................................................
............................... ..........................78.00
OTHER SERVICES AND FEES
PermitProcessor ............................................................................................
............................... .........................$95.00
ClericaINVordProcessing ................................................................................
............................... ..........................50.00
Consultation Relative to Legal Actions ..........................................................
............................... .........................270.00
VehideMileage ..............................................................................................
............................... ......................0.50 /mile
NOW
Blueprinfing, reproduction, messenger service and other direct expenses will he charged as an additional wet plus 15 %. A Subx nsullant Managmnent Fee of
fifteen- percent (15%) will be added to the direct cost of all aubconsuftant services to provide for the cost of administration, subs nsullant consultation and
insurance.
• • C3 0 °ass)
( --"� r)��
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
October 25, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
FROM: Patty Temple, Planning Director
949/644 -3228 ptemple @city.newport- beach.ca.us
OCT -25 2005
SUBJECT: Amendment to Professional Services Agreement for preparation of CEQA
documents for a project on West Coast Highway at Dover Drive
RECOMMENDATIONS:
1) Approve Amendment No.
Consulting of Irvine, California,
Study and Mitigated Negative
$46,455; and
1 to the Professional Services Agreement with RBF
for additional work required for preparation of an Initial
Declaration for an additional amount not to exceed
2) Authorize City Manager to sign Agreements.
DISCUSSION:
Allied Retail Partners proposes to construct a retail center comprising approximately
56,000 square feet of building area at the northwest corner of West Coast Highway and
Dover Drive. In July 2004, City Council approved a Professional Services Agreement
with RBF for preparation of appropriate environmental documentation for the proposed
project. RBF is currently completing an Initial Study and Mitigated Negative Declaration
for the project consistent with requirements of the California Environmental Quality Act
(CEQA). Changes to the project since the Professional Services Agreement was
approved, however, have necessitated additional work by RBF in completing these
documents.
A Scope of Work and a Schedule of Compensation for the additional tasks necessary to
complete the Initial Study and Mitigated Negative Declaration are included in
. "Amendment No. 1 to Professional Services Agreement" (Attached): The expanded
tasks and associated costs are as follow:
• Professional Servicts Agreement Amendment
October 25, 2005
Page 2
Traffic Impact Analysis $32,200
Air Quality Analysis 1,000
Noise Analysis 1,750
Environmental Analysis 9,000
Graphics 755
Project Coordination 1.750
$46,455
Staff has reviewed the Scope of Work for additional tasks necessary to complete the Initial
Study and Mitigated Negative Declaration and believes it is adequate to meet or exceed
the minimum requirements set forth by the California Environmental Quality Act. The fees
for tasks described in the Scope of Work have been reviewed by staff and are considered
appropriate and warranted.
Funding Availability:
The cost for work performed under the original Professional Services Agreement and for
work performed consistent with this Amendment to the Professional Services
Agreement are the responsibility of Allied Retail Partners.
Submitted by:
PATRICIA TEMPLE
Planning Director
Prepared by:
AVID LEPO
Hogle - Ireland, Inc.
Project Planner
Attachments: 1. Draft Amendment No. 1 to Professional Services Agreement
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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR CEQA DOCUMENTS FOR PROJECT ON WEST
COAST HIGHWAY AT DOVER DRIVE
THIS AMENDMENT is made and entered into as of this 25th day of October,
2005, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City"), and RBF CONSULTING, a corporation, whose address is
14725 Alton Parkway, Irvine, California 92618 ("Cons u ltanf'), 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 and Consultant entered into a Professional Services Agreement
(Agreement) for preparation of a mitigated negative declaration and other
environmental documents in accordance with the California Environmental
Quality Act for the project located at the northwesterly corner of Dover
Drive and West Coast Highway in Newport Beach, California.
• C. Consultant performed certain of the duties set forth in the Agreement and
was paid for such duties consistent with the Agreement.
D. City desires to have Consultant complete additional duties determined
necessary in addition to all duties set forth in the Agreement and not
previously completed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of the Agreement is extended until the 26" day of February 2006
unless terminated earlier as set forth in the Agreement.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope
of Services attached to the Agreement and all the services described in
the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference. The City may elect to delete certain tasks of the
Scope of Services attached hereto at its sole discretion.
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3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section, the
Schedule of Compensation attached to the Agreement as Exhibit B and
the Schedule of Compensation attached hereto as Exhibit B and
incorporated herein by reference, and the Billing Rates attached to the
Agreement as Exhibit C and the Billing Rates attached hereto as Exhibit
C, and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with the
Agreement and with this Amendment, including all reimbursable items and
subconsultant fees, shall not exceed ONE HUNDRED TEN THOUSAND
NINE HUNDRED NINETY -NINE AND NO1100 ($110,995.00) without
additional authorization from City. Consultant's compensation includes
the Agreement amount of Sixty -four Thousand Five Hundred Forty Dollars
and no /100 ($64,540.00) and the Amendment amount of Forty-six
Thousand Four Hundred Fifty -five Dollars and no /100 ($46,455.00) for
services in accordance with this Amendment. No billing rate changes
shall be made during the term of this Amendment without the prior written
approval of City. Is
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Robin Clauson, City Attorney Homer Bludau, City Manager
for the City of Newport Beach for the City of Newport Beach
ATTEST: CONSULTANT:
By: By:
LaVonne Harkless, Gary Armstrong,
City Clerk Senior Vice President
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C- Billing Rates
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EXHIBIT "A"
SCOPE OF SERVICES
Tic Impact Analysis
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The Agreement Scope of Services RBF was for preparation of a stand -alone traffic
and parking analysis for the proposed project. Over the past year, RBF has been
asked to prepare the following additional analyses:
■ Mariners Mile Gateway Project West Coast Highway /Gateway Drive Queing
Evaluation — final draft submitted to the City on August 23, 2005.
■ Newport Gateway: Driveway 1/West Coast Highway Traffic Signal Warrant
Analysis —final draft submitted to the City on August 31, 2005.
■ Travel Time Analysis with Operational Analysis. This analysis was
subsequently removed from the Traffic Impact Analysis at the direction of City
Staff.
■ Visual Traffic Simulations using Synchro /Sim Traffic software.
■ Sensitivity Analysis for alternative trip generation scenarios.
• In addition to the aforementioned analyses, RBF has also:
Revised the Traffic Impact Analysis several times to respond to changes in
the project Site Plan and project description.
■ Participated in ongoing coordination and meetings with City Staff and Project
Applicant to discuss Operational Analysis and Traffic Simulations.
At the request of City Staff, RBF has included two meetings with Caltrans. Should
additional meetings beyond the two meetings budgeted be necessary, they would be
in addition to this contract addendum and billed on a time and materials basis. The
cost for each meeting is estimated at $1,000 per meeting.
Air Quality and Noise Analyses
The existing conditions portions of these analyses were commenced over the last
year, but the analyses were put on —hold until both the project description and traffic
analysis were finalized. The additional costs for the two studies reflect the change in
project description and the increase in staff billing rates since the contract was
originally executed.
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C
Environmental Analysis and Graphics
As previously mentioned, the project has been ever evolving over the past year. The
change in project description has required RBF to begin and put on -hold the
preparation of the environmental analysis and associated graphics several times
throughout the last year. Additional costs have been incurred to respond the
changing project description.
Project Coordination
The extended timeframe for the project has necessitated additional coordination with
the City, City Contract Staff and the Applicant Team.
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EXHIBIT "B"
SCHEDULE OF COMPENSTATION
Scope of Services Task
AddiSonai Fee
per
Amendment
Traffic Impact Analysis
32,200
Air Quality Analysis
1,000
Noise Analysis
1,750
Environmental Analysis
9,000
Graphics
755
Project Coordination
1,750
Total Additional Fees
$46,455
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EXHIBIT "Crr
............................... $150.00
BILLING RATES (HOURLY)
............................... 127.00
OFFICE PERSONNEL
$ / Hr.
SeniorPrincipal ............................................................................. ...............................
........................ $215.00
Principal........................................................................................ ...............................
.........................195.00
ProjectDirector .............................................................................. ...............................
.........................175.00
ProjectManager ..........:................................................................. ..........I....................
.........................152.00
StructuralEngineer .................................................................................................
............................... 15100
ElectricalEngineer ..................................................................................................
............................... 134.00
Senior Engineer/Senior Planner .............................................................................
............................... 135.00
LandscapeArchitect ...............................................................................................
............................... 123.00
ProjectEngineer/Project Planner ............................................................................
............................... 116.00
EnvironmentalSpecialist............................................ ................. ...........................................................
112.00
CorrosionEngineer .................................................................................................
............................... 112.00
Design Engineer /Senior Designer/ Mapper ..................................... ..............:................
.........................108.00
Designer / Planner ............................................................................ ...............................
.......................... 94.00
GISAnalyst ...............................................................................................................
............................... 90.00
GraphicArtist ............................................................................................................
............................... 80.00
Environmental Analyst/Staff Planner .............................................. ...............................
.......................... 80.00
DesignTechnician ....................................................................................................
............................... 78.00
AssistantEngineer / Planner ............................................................. ......................:........
.......................... 74.00
EngineeringAid /Planning Aid ...................................................................................
............................... 60.00
FIELD PERSONNEL
2- Person Survey Crew ......................................................................................... ............................... $200.00
1- Person Survey Crew .......................................................................................... ............................... 145.00
FieldSupervisor : .................................... ............................................. ................................................. 138.00
CONSTRUCTION MANAGEMENT PERSONNEL
ConstructionManager ...........................................................................................
............................... $150.00
Resident Engineer /Project Manager .......................................................................
............................... 127.00
Senior Construction Inspector ......................................................... ...............................
..........................98.00
ConstructionInspector ..............................................................................................
............................... 95.00
FieldOffice Engineer ................................................................................................
............................... 90.00
ConstructionTechnician ................................................................. ...............................
.......................... 78.00
OTHER SERVICES AND FEES
PermitProcessor .................................................................................................... ............................... $95.00
ClericalNVordProcessing .......................................................................................... ............................... 50.00
Consultation Relative to Legal Actions ................................ ...............................
VehicleMileage .................................................................. ...............................
Note:
Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15 %. A Sub - consultant
Management Fee of fifteen percent (15 %) will be added to the direct cost or all subconsultant services to provide for the cost of
administration, sub- cunsubant consultation and insurance.
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..270.00
...... 0.50 /mile
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PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING
THIS AGREEMENT is made and entered into as of this 26th day of July, 2004 by
and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City'), and
RBF Consulting, a corporation, whose address is 14725 Alton Parkway, Irvine, CA
92618 ( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the Charter
of City.
B. City is planning to prepare a mitigated negative declaration and other
environmental documents in accordance with the California Environmental
Quality Act for the Dover and West Coast Highway project located at the
northwesterly corner of Dover Drive and West Coast Highway in Newport Beach,
California.
C. City desires to engage Consultant to provide environmental services for
the Project upon the terms and conditions in this Agreement.
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
Collette Morse, AICP, Senior Project Manager, RBF Consulting.
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 26th day of July, 2004, and
shall terminate on the 26th day of July, 2005, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached as Exhibit "A' and incorporated herein by reference. The City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by reference.
In no event shall Consultant's compensation exceed sixty -four thousand five
hundred forty dollars ($64.540) without additional authorization from City. No
billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
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reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provide for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
S. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Consultant has designated Collette Morse, AICP to be
its Project Manager. Consultant shall not remove or reassign the Project Manager
or any personnel listed in Exhibit A or assign any new or replacement personnel to
the Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key
personnel.
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Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. Gregg
Ramirez shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
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reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any negligent work
performed or negligent services provided under this Agreement (including,
without limitation, defects in workmanship or materials and /or design defects [if
the design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or
any of Consultant's employees or agents, to be the agents or employees of City.
Consultant shall have the responsibility for and control over the means of
performing the work, provided that Consultant is in compliance with the terms of
this Agreement. Anything in this Agreement that may appear to give City the right
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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 work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any permit.
Current certification of insurance shall be kept on file with City at all times during
the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, with an assigned
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policyholders' Rating of A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for
his or her employees in accordance with the laws of the State of
California. In addition, Consultant shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with the laws of the State of California for
all of the subcontractor's employees. Any notice of cancellation or non -
renewal of all Workers' Compensation policies must be received by City at
least thirty (30) days prior to such change, except for any non - payment of
premiums for which such notice shall be ten (10) days. The insurer shall
agree to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed by
Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than two million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, contractual liability. If commercial
general liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work
to be performed under this Agreement, or the general aggregate limit shall
be at least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage for all
activities of the Consultant arising out of or in connection with work to be
performed under this Agreement, including coverage for any owned, hired,
non -owned or rented vehicles, in an amount not less than one million
dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers the
services to be performed in connection with this Agreement in the
minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
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respect to liability arising out of work performed by or on behalf of the
Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents and
volunteers as respects to all claims, losses, or liability arising directly or
indirectly from the Consultant's operations or services provided to City.
Any insurance maintained by City, including any self- insured retention City
may have, shall be considered excess insurance only and not contributory
with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to
the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) days written notice has been received by City,
except for non - payment of premiums for which such notice shall be ten
(10) days.
G. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
H. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
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percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
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21. INTELLECTUAL PROPERTY INDEMNITY
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The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against 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.
22. 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 to this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records 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 under this Agreement.
23. WITHHOLDINGS
City may withhold payment 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 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.
24. 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
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restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for 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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Gregg Ramirez
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949) 644 -3219
Fax 644 -3229
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
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Attention:
Collette Morse
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618
(949) 855 -3653
(949) 837 -4122
28. TERMINATION
9
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, 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 and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. 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, force during the period in which services are
provided. In addition, all work prepared by Consultant shall conform to
applicable City, county, state and federal laws, regulations and permit
requirements and be subject to approval of the Project Administrator and City.
30. 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.
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31. 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.
32. 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.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Ro ` n Clauson,
Assistant City Attorney
for the City of Newport Beach
CITY Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Bludau
City Manager
for the City of Newport Beach
CONSULTANT
By:
Gary Ar tron
Senioce Pr sident
Attachments: Exhibit A — Consultant Proposal /Scope of Services
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'Rewport Commercial Proje•
Environmental Clearance Document
I. PROJECT UNDERSTANDING AND APPROACH
The City of Newport Beach is seeking to retain an environmental and traffic consultant team to
prepare an environmental clearance document (Mitigated Negative Declaration) for the proposed
Newport Commercial Project located at West Coast Highway and Dover Drive. The project
proposes development on an approximately 112,000 square foot site, which is comprised of 17 lots.
Presently, the property is improved with approximately 19,700 square feet of one- and two -story
buildings primarily occupied by general retail uses, and automobile and boat sales. The Project
Applicant is proposing to removing existing on -site uses and construct commercial buildings totaling
56,000 square feet for general retail uses, and an approximately 100,000 square foot subterranean
parking garage.
The following scope of work reflects the work program for RBF Consulting (RBF) to prepare the
environmental document for the proposed project. RBF has assumed that a Mitigated Negative
Declaration would be necessary, but the outcomes of some of the technical reports could
necessitate the preparation of an EIR, which would require a separate scope of work.
RBF is assuming that the site plans, floor plans and other illustrations, as well as technical studies
generated by the Project Applicant, Allied Retail Partners, LLC, would be available in electronic form
and forwarded to RBF for use in the environmental document.
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II. SCOPE OF WORK
Assumptions
RBF has assumed that City Staff will be responsible for the preparation of all CEQA notices (Notice
of Availability, Notice of Intent, Negative Declaration and Notice of Determination) and all public
noticing to comply with City requirements.
In addition, the RBF Team has assumed that no modifications to the project description would occur
after the development of the project description as part of Task 2.0. Any modifications to the project
description after it has been approved by City Staff would constitute a change in the work program,
and would require a modification to the scope and fee. Any modifications to the work program
would be performed on a time and materials basis as extras to the contract.
Task 1.0 Project Team Kick -Off Meeting
At the outset of the program, the RBF Team will meet with appropriate City Staff and Project
Applicant representatives to establish a mutual understanding of the key issues to be addressed,
and obtain existing documents applicable to the project. The most important purpose of the meeting
will be to clearly define City expectations for the planning process and to define basic objectives for
the environmental analysis.
Task 1.0 Meetings: Project Initiation Meeting'atCity
Task 2.0 Refine Project Scope
Following the Kick -Off meeting, the RBF Team will refine the scope of work and work schedule for
review by City Staff prior to commencing work on any technical studies or the initial study.
Task 2 0 Deliverables. Final Protect Scope, Fee "and Schedule
Task 3.0 Develop Project Description
A critical initial step will be to accurately define the project description. Based on plan alternatives
and other project details determined in Task 1.0, RBF will draft a preliminary project description for
review and approval by City Staff.
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Task 3.0.beUverables Draft CEQA Project Description
-1766F CE Pro ect Descn l ion
1 P....
Task 4.0 Technical Analyses
A number of plans or studies will need to be prepared for the proposed project. RBF is assuming
that the Project Applicant will provide the following plans or studies:
• Lighting Plan;
• Photometric Analysis of Lighting Plan;
• Landscape Plan;
• Hydrology and Drainage Analysis; and
• Geology and Soils Analysis.
In addition, the following technical studies will be prepared for the proposed project:
Traffic;
Air Quality; and
Noise.
4.1 Traffic Analysis
RBF will prepare a traffic impact analysis to support environmental documentation of the proposed
West Coast Highway /Dover Drive Retail Center Project in accordance with the City of Newport
Beach Traffic Phasing Ordinance (TPO). The proposed project consists of construction of a 56,000
square feet retail center. The project site is located at the northwest corner of the West Coast
Highway /Dover Drive intersection in the City of Newport Beach. The proposed project will
consolidate ten driveway curb cuts into three driveway curb cuts consisting of two right -in- right -out
access points and one signalized full- access point.
The retail center would consist of approximately 33,050 square feet of specialty retail, a 13,000
square feet drug store, and 9,950 square feet of medical /office land use. The proposed retail center
would displace approximately 19,700 square feet of existing retail and automobile land uses.
This scope of work has been prepared based on comments received from City of Newport Beach
Traffic Engineering staff.
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Study Conditions
The analysis will document typical weekday traffic conditions for the following five analysis
scenarios:
• Existing Conditions;
• Existing + Ambient Growth + Approved Projects Conditions;
• Existing + Ambient Growth + Approved Projects + Project Conditions;
• Existing + Ambient Growth + Approved Projects + Cumulative Projects Conditions;
and
• Existing + Ambient Growth + Approved Projects + Cumulative Projects + Project
Conditions.
The last two scenarios are included to satisfy requirements identified in the California Environmental
Quality Act (CEQA).
Study Area
As part of the analysis, RBF will analyze up to 12 study intersections during the a.m. peak period
(7:00 a.m. to 9:00 a.m.) and the p.m. peak period (4:00 p.m. to 6:00) on a typical weekday (Tuesday,
Wednesday, or Thursday). The precise study intersections will be identified based on discussion
with City staff. This scope of work assumes City staff will provide intersection turning movement
count data.
Trip Generation
The traffic impact study will identify the number of daily and peak hour trips forecast to be generated
by the proposed project, using the City of Newport Beach Traffic Analysis Model ( NBTAM) trip
generation rates, Institute of Transportation Engineers (ITE), 7`" Edition trip generation rates, or
other source as directed by the City.
To account for displacement of the existing land uses, RBF will forecast the number of daily and
peak hour trips utilizing NBTAM or ITE trip rates and subtract those trips from trips forecast to be
generated by future use of the site in the with project analysis scenarios.
Assumptions regarding project trip generation will be reviewed and approved by City staff prior to
inclusion in the analysis.
Trip Distribution and Assignment
The traffic study will provide a forecast distribution of project - generated trips. Prior to utilization in
the analysis, City staff will approve trip distribution.
Level of Service
The analysis will include a one - percent analysis for all study intersections to determine which
intersections require further traffic analysis. As denoted in the TPO, intersections will be included in
further analysis if project- generated traffic causes an increase of one - percent or more on any leg of
the study intersection.
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The analysis will assess the proposed project's forecast traffic impacts during the a.m. peak hour
and p.m. peak hour at the study intersections. The analysis will document the existing operation of
the study intersections, and determine near -term operation of the study intersections both with and
without the proposed project to identify project - related traffic impacts using the Intersection Capacity
Utilization (ICU) analysis methodology. The City of Newport Beach target for intersection level of
service (LOS) operation is LOS D or better.
Forecast near -term traffic conditions will be based on an annual traffic growth rate and specific
approved projects traffic data supplied by the City to adjust existing traffic volumes to accommodate
ambient growth.
Cumulative traffic conditions will be analyzed in a separate section to satisfy CEQA requirements.
Cumulative traffic conditions will be based on forecast near -term traffic conditions and will
incorporate specific cumulative projects traffic data supplied by the City.
If the analysis shows that the proposed project will significantly impact an intersection based on City
of Newport Beach thresholds of significance, mitigation measures will be recommended in
accordance City of Newport Beach performance criteria. Proposed mitigation measures will be
accompanied by a schematic of the improvements, engineers cost estimate, and a fair share
proportion in accordance with the TPO. This scope of work assumes conceptual engineering plans
and cost estimates for proposed mitigation measures at up to four intersections.
The analysis will also document forecast operating conditions after application of any recommended
mitigation measures in accordance with the Traffic Phasing Ordinance.
Proposed Site Access
Traffic signal warrants will be prepared for the proposed signalized project access on West Coast
Highway intersection utilizing Caltrans Traffic Manual New Intersection Signal Warrant analysis
methodology.
The analysis will include an operational impact of the proposed traffic signal utilizing the City of
Newport Beach Synchro model. The traffic study will utilize the City of Newport Beach Synchro
model to identify queueing requirements and appropriate stacking distances at the proposed Project
Access/West Coast Highway intersection.
To demonstrate site access operations will be improved with the proposed consolidation of ten
driveway curb cuts to consist of three driveway curb cuts, RBF will count trips generated by the
existing retail /automobile land uses at each of the ten driveway curb cuts. The study will compare
the operation of site access for pre - project conditions and with project conditions to show the
improved function of left -turns into and out of the project site area. The traffic study will address the
improved operations of Coast Highway with the proposed widening on the project site frontage, and
the limits of improvements to Coast Highway.
Pedestrian usage and signal display visibility at the proposed Project Access/West Coast Highway
intersection will be discussed.
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On-Site Circulation
The analysis will include a discussion of the operations of the proposed subterranean parking
structure and other parking and loading facilities. The study will discuss the parking ramp slopes,
aisle dimensions, turning radii, signage and lighting to ensure the facility is constructible according to
City of Newport Beach standards.
Orange County Congestion Management Program Analysis
The purpose of the Orange County Congestion Management Program (CMP) is to develop a
coordinated approach to managing and decreasing traffic congestion by linking the various
transportation, land use and air quality planning programs throughout the County. The program is
consistent with that of the Southern California Association of Governments (SCAG). The CMP
requires review of significant individual projects that might on their own impact the CMP
transportation system.
The Orange County CMP has identified projects generating 1,600 trips /day and will directly access
or be in close proximity to a CMP Highway System link should require a TIA.
This scope of work assumes the analysis study area will include the Newport Boulevard /Pacific
Coast Highway intersection to satisfy the Orange County CMP. If the CMP analysis shows that the
proposed project will significantly impact a CMP intersection based on Orange County CMP
thresholds of significance, mitigation measures will be recommended in accordance with Orange
County CMP performance criteria.
Air Quality Traffic Assessment & Acoustical Traffic Assessment
This scope of work assumes the traffic analysis will provide supplemental information to support air
quality and acoustical analyses.
4.2 Air Quality Analysis
RBF will prepare the air quality analysis for the proposed project. The air quality analysis will place
particular emphasis on delineating the issues specific to City of Newport Beach (City) and South
Coast Air Quality Management District (AQMD) air quality requirements. RBF will prepare a
technical air quality analysis consistent with all applicable procedures and requirements for inclusion
in the Initial Study /Mitigated Negative Declaration.
Background/Research
RBF will extract relevant information from sources including the South CoastAir Quality Management Districts
Air Quality Management Plan. RBF will rely upon the traffic consultant to provide projedtrip generation data, as
well as peak hour traffic volumes and levels of service or travel speed data for relevant segments of Pacific
Coast Highway and Dover Drive under existing and future conditions. Additionally, RBF will rely upon the traffic
consultant to provide peak inbound/outbound trips for the parking garage.
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Analysis
RBF will perform project - related operational and construction emissions analyses using the
URBEMIS2002 model developed by the California Air Resources Board (GARB). RBF will also model
worst -case local CO concentrations at up to two locations using Caltrans' CALINE4 model and emission
factors generated from the CARB's EMFAC2002 program.
RBF will discuss potential Project impacts upon climate and air quality, addressing temporary
construction emissions and long -term emissions from project operations associated with daily
vehicle travel and energy consumption. Short-term air quality impacts will be discussed focusing on
dust generation, construction vehicle emissions, and possible odors. If sufficient construction details
are available, RBF will estimate pounds per day of daily construction emissions.
Project total emissions will be compared to the total South Coast Air Basin emissions. The report
will also address stationary source emissions of proposed uses (qualitatively). In addition, project
consistency with the SCAQMD Final Air Quality Management Plan will be evaluated based upon the
City of Newport Beach General Plan and Southern California Association of Governments (SCAG)
growth forecasts. The analysis will be based on the project buildout year in addition to cumulative
conditions.
4.3 Noise Analysis
RBF will prepare the noise impact analysis for the proposed project. The noise impact analysis will
address the noise requirements of the City and consistency with all applicable procedures and
requirements for inclusion in the Initial Study /Mitigated Negative Declaration.
Background /Research
RBF will extract relevant information from sources including the City's General Plan Noise Element and
Caltrans' Truck Volumes document. RBF will rely upon the traffic consultant to provide average daily
traffic volume data for relevant segments of Pacific Coast Highway and Dover Drive. With and without
Project conditions will need to be distinguished.
Reconnaissance - Measurements
Four short-term measurements (each approximately 15 to 30 minutes in duration) will be performed in the
Project vicinity to sample existing noise levels. Where appropriate, traffic counts will be performed
simultaneous to the measurements to facilitate validation of the traffic noise model. General observations
regarding the noise environment will be recorded.
Analysis
RBF will model traffic noise levels using methods consistent with the Federal Highway Administration's
Highway Traffic Noise Prediction Model (FHWA -RD -77 -108). RBF will also provide general estimates of
noise exposure from temporary (construction - related) and operational activities on the project site. RBF
will coordinate with the appropriate agencies to determine whether the project will conform to all relevant
noise ordinance policies. If required, RBF will recommend abatement measures in accordance with the
City of Newport Beach Municipal Code (design level acoustic engineering specifications can be provided
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under a separate scope and fee). The report will describe the methodology, data, findings and
recommendations of the study.
Exclusions
This scope of work does not include detailed noise barrier design or any other physical mitigation
measures.
4.4 Optional Tasks
If desired by the City, the RBF Team can conduct peer review analysis of the applicant - provided
technical studies. The costs for conducting this analysis will be provided upon request.
Task 4:0 Deliverables Traffic Impact An0lysis
Air.Quality Analysis
°`• Noise Analysis:
Task 5.0 Preparation of Initial Study /Environmental Checklist
RBF will prepare an Initial Study in accordance with the City's Initial Study Checklist form and /or the
most recent Environmental Checklist Form, as amended in the CEQA Guidelines. The Initial
Study /Environmental Checklist will include detailed explanations of all checklist determinations and
discussions of potential environmental impacts. The analysis shall be in accordance with Sections
15063,15162, 15167 and 15168 of the CEQA Guidelines. The Initial Study /Environmental Checklist
document will include the sections identified below.
5.1 Introduction
This section will cite the environmental review requirements of the project, pursuant to CEQA and
the City guidelines. The Introduction will include the project location, environmental setting, existing
uses on -site and in the vicinity, the Project Description, Project Phasing, relevant background/history
information for the Specific Plan area, and General Plan and zoning requirements.
5.2 Environmental Checklist
This section is modeled after Appendix G, Environmental Checklist Form, of the CEQA Guidelines
and will include a summary page of project information followed by an explanation of factors
considered for potential impacts. The comprehensive Newport Beach Initial Study /Environmental
Checklist will be presented in a four column layout, identifying: 1) Potentially Significant Impacts, 2)
Less Than Significant Impacts Unless Mitigation Incorporated, 3) Less than Significant Impacts, and
4) No Impacts. The section will provide a listing of documentation that will be Incorporated by
Reference and notations for all references utilized for the determination.
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Environmental Clearance Document
5.3 Environmental Analysis
The Environmental Analysis sections will provide vital supporting information for the conclusions
rendered for the Environmental Checklist. This section will review the following issues:
• Aesthetics: Project conformity with City design standards.
• Agriculture Resources: Impacts to agricultural resources.
• Air Quality: Emission impacts in consideration of SCAQMD thresholds.
• Biological Resources: Impacts to biological resources.
• Cultural Resources: Impacts to archaeological and historical resources.
• Geology /Soils: Seismicity, soils and erosion potential.
• Hazards & Hazardous Materials: Hazardous substances and emergency access.
• HydrologyrWater Quality: Drainage, downstream impacts and groundwater quality.
• Land Use/Planning: Address existing policies, consistency and compatibility.
• Mineral Resources: Impacts to mineral resources.
• Noise: On and off -site noise levels in consideration of nearby sensitive receptors.
• Population/Housing: Comparison with local projections and potential for growth
inducement.
• Public Services: Police, fire and school impacts.
• Recreation: Impacts on recreational facilities.
• Transportation/Traffic: Generation rates, turning movement, capacity thresholds and
access.
• Utilities/Service Systems: Electricity, solid waste, water and wastewater systems.
• Mandatory Findings of Significance: Focused on cumulative impacts.
This section will provide a detailed response to each question in the Environmental Checklist, as
well as identify mitigation measures to reduce impacts to less than significant levels. RBF's
approach to the analysis portion of the document is to provide thorough, detailed and conclusive
impact analysis.
5.4 Inventory of Mitigation Measures
This section includes a comprehensive listing of all mitigation measures identified in Task 5.3.
5.5 Determination
The determination page will conclude the appropriate action based upon the environmental analysis.
5.6 Graphic Exhibits
The environmental document will include a maximum of ten (10) exhibits to enhance the written text
and clarify the proposed project and potential environmental impacts. Exhibits are anticipated to
include: Regional Vicinity Map, Site Vicinity Map, Land Use Plan and Traffic Exhibits.
Proposal to
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Environmental Clearance Document
Task 6.0 Draft Initial Study
RBF will submit the Draft Initial Study for review and comment by the City. RBF will also submit one
(1) "check copy" of the final draft document which will incorporate one complete set of comments
received from the City.
Task 'S 0 &' 6:0 Deliverables 5 Copies of Draft initial Study
r, 5 Copies of °check copy' of Final lndiaf Study
Task 7.0 Final Initial Study
RBF will submit the Final Initial Study to the City.
Task 7.0 Deliverables: 35 Copies of Firial Initial Study,
• 1 Camera -Ready Original of Final Initial Study
1 CD with electronic version of Final IniUAI Study and Graphics'
Task 8.0 Mitigation Monitoring Program
RBF will prepare the mitigation monitoring program pursuant to Section 21081.6 of CEQA. RBF will
submit a draft version for City review and will follow with a finalized mitigation monitoring program.
Task 9.0 Meetings and Public Hearings
RBF anticipates several meetings with City Staff and the Project Applicant, including progress
meeting and public hearings. Ms. Morse, along with other key project team personnel, will also be
available to attend meetings with affected jurisdictions, agencies and organizations as needed to
identify issues and assess impacts. RBF assumes that City Staff will arrange the public meetings
and provide appropriate materials.
Should the City determine that additional meetings beyond the following four (4) meetings are
necessary, services will be provided under a separate scope of work on a time and materials basis
(preliminary estimate is $750 per meeting, for each RBF staff member in attendance). The following
is an outline of anticipated meeting attendance needs.
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Task 10.0 Project Management/Coordination
Ms. Collette Morse, AICP, will be responsible for management and supervision of the Project Team,
as well as consultation with the City. Ms. Morse will coordinate with all technical staff, consultants,
support staff and word processing toward the timely completion of the environmental document.
Task.10.0 Deliverables Ongoing Project Coordination
Task 11.0 Environmental Impact Report (Optional Task)
Based upon the findings of the Initial Study and in accordance with Article 7 of the CEQA
Guidelines, the City of Newport Beach may find that significant and unavoidable environmental
impacts may occur and an Environmental Impact Report (EIR) should be prepared. If selected as
an option, RBF will prepare a further refined Scope of Work for the preparation of an EIR. The EIR
Scope of Work would also include tasks for meeting time, project management, noticing, Draft and
Final EIR, and reproduction costs (additional technical studies may also be required).
Task 12.0 Comments and Responses (Optional Task)
After the close of the required public review period for the mitigated negative declaration, RBF,
K -H and City staff will review the comment letters received during the public review period and
determine if it is necessary to produce written responses to the comments. If so, this task is
considered outside the scope of this contract and would be completed on a time and materials
basis.
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III. BUDGET ESTIMATE
[Insert Budget Spreadsheet]
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STATEMENT OF FINANCIAL CONDITIONS
Progress billings will be forwarded based on payment criteria established by the City. These billings
will include the fees earned for the billing period. The City shall make every reasonable effort to
review invoices within fifteen (15) working days from the date of receipt of the invoices and notify
Consultant in writing of any particular item that is alleged to be incorrect.
The fees proposed herein shall apply until June 30, 2005. Due to annual increases in costs
associated with inflation, staff wage increases and increases in direct costs, Consultantwill increase
those portions of the contract fee for which work must still be completed after June 30, 2005 by ten -
percent (10 %).
Deviations or modifications from the Scope of Work will result in potential re- evaluation of the
associated fees. Items not specifically stated in the proposal will be considered an additional work
item.
All work will be performed at a "Not to Exceed" contract price, which will become the fixed price
upon completion of negotiations with the staff authorized to negotiate and agreement. The total
budget includes all miscellaneous costs for travellmileage, reproduction, telephone, postal, delivery,
reference materials and incidental expenses.
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TABLE OF CONTENTS
I. PROJECT UNDERSTANDING AND APPROACH ................................. ..............................1
II. SCOPE OF WORK .................................................................................. ..............................2
Task 1.0
Project Team Kick -Off Meeting ............................................ ..............................2
Task 2.0
Refine Project Scope ........................................................... ..............................2
Task 3.0
Develop Project Description ................................................ ..............................2
Task 4.0
Technical Analyses .............................................................. ..............................3
4.1
Traffic Analysis ......................................................................... ..............................3
4.2
Air Quality Analysis .................................................................. ..............................6
4.3
Noise Analysis .......................................................................... ..............................7
Task 5.0
Preparation of Initial Study /Environmental Checklist ........... ..............................8
5.1
Introduction .............................................................................. ..............................8
5.2
Environmental Checklist .......................................................... ..............................8
5.3
Environmental Analysis ............................................................ ..............................9
5.4
Inventory of Mitigation Measures ............................................. ..............................9
5.5
Determination ........................................................................... ..............................9
5.6
Graphic Exhibits ....................................................................... ..............................9
Task 6.0
Draft Initial Study .............................................................. ...............................
10
Task 7.0
Final Initial Study .............................................................. ...............................
10
Task 8.0
Mitigation Monitoring Program ......................................... ...............................
10
Task 9.0
Meetings and Public Hearings ......................................... ...............................
10
Task 10.0 Project Management / Coordination .................................. ...............................
11
Task 11.0 Environmental Impact Report (Optional Task) ................ ...............................
11
Task 12.0 Comments and Responses (Optional Task) ................... ...............................
11
III. BUDGET
ESTIMATE ......................................................................... .............................12
Proposal to MF
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F
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
July 13, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Gregg Ramirez, (949) 644 -3219
gramirez @city.newport- beach.ca.us
SUBJECT: Professional Services Agreement to prepare a Mitigated Negative
Declaration for a proposed shopping center project located northwest of
the intersection of West Coast Highway and Dover Drive (PA2004 -141).
RECOMMENDATION:
Approve a Professional Services Agreement with RBF Consulting of Irvine, California, to
prepare environmental documents at a cost not to exceed $64,540 and authorize the
City Manager to sign the agreement.
DISCUSSION:
The applicant proposes the construction of a new shopping center on property located
northwesterly of the intersection of West Coast Highway and Dover Drive. The
application includes a request for approval of a Development Plan, Use Permit and a
Parcel Map to construct the project. The project proposes a 56,000 square foot
development for general retail uses and an approximate 100,000 square foot
subterranean garage. The project is proposed to be located on an approximate 112,000
square foot (approx. 2.57 acres) site.
Staff has conducted a preliminary evaluation of the proposed project and believes that
an Initial Study and Mitigated Negative Declaration should be prepared for the project.
Council Policy K -3 allows the City to select a qualified consultant for environmental
services without a competitive bidding process. RBF Consulting was selected due to
expertise, experience and scope of services provided.
West Coast Highwaffiver Drive Shopping Center
July 13,2004
Page 2
The consultant has provided a proposal to perform professional environmental services for
the preparation and processing of a Mitigated Negative Declaration and supporting
documents for the project. A copy of the proposal is attached to the draft Professional
Services Agreement that is attached to this report. The proposal contains the scope of
services and a proposed budget for preparation and processing the environmental
documentation.
Staff has reviewed the scope of services and believes that it will be adequate to meet or
exceed the minimum requirements set forth by the California Environmental Quality Act.
The scope of services will include a traffic impact analysis, noise analysis, geotechnical
analysis and air quality analysis in addition to the preparation of all supporting documents.
The environmental consulting fees for tasks described in the scope of services including
staff hours, technical studies, direct expenses, and printing have been reviewed by staff
and are considered appropriate and warranted.
Funding Availability
The cost of the contract, including staff time associated with its review and production,
will be the responsibility of the applicant, Mariner's Mile Gateway, LLC.
Prepared by:
Gregg B. ka irez, Associate PI ner
Submitted by:
P.
Patricia L. Temple, v ning Director
Attachments: A. Draft Professional Services Agreement with RBF Consulting
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ATTACHMENT A
Draft Professional Services Agreement with RBF Consulting
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PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING
THIS AGREEMENT is made and entered into as of this day of
200_, by and between the CITY OF NEWPORT BEACH, a municipal
corporation ( "City "), and RBF Consulting, whose address is 14725 Alton Parkway,
Irvine, CA 92618, ( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the Charter
of City.
B. City is planning to prepare a mitigated negative declaration and other
environmental documents in accordance with the California Environmental
Quality Act for the Dover and West Coast Highway project located at the
northwesterly corner of Dover Drive and West Coast Highway in Newport Beach,
California.
C. City desires to engage Consultant to provide environmental services for
the Project upon the terms and conditions in this Agreement.
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
Collette Morse, AICP, Senior Project Manager, RBF Consulting.
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 _ day of , 200_, and
shall terminate on the _ day of , 200_, unless terminated earlier as set
forth herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached as Exhibit "A" and incorporated herein by reference. The City
may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by reference.
In no event shall Consultant's compensation exceed
($ ) without additional
authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
3.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
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reimbursable expenditures, City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
3.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
3.3 Consultant shall not receive any compensation for Extra Work 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 set forth in Exhibit B.
3.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provide for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project 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 Collette Morse, AICP to be
its Project Manager. Consultant shall not remove or reassign the Project Manager
or any personnel listed in Exhibit A or assign any new or replacement personnel to
the Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key
personnel.
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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 fumish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. Grego
Ramirez shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
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reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including, .
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
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
OR
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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 work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any permit.
Current certification of insurance shall be kept on file with City at all times during
the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, with an assigned
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policyholders' Rating of A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for
his or her employees in accordance with the laws of the State of
California. In addition, Consultant shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with the laws of the State of California for
all of the subcontractor's employees. Any notice of cancellation or non -
renewal of all Workers' Compensation policies must be received by City at
least thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents, employees
and volunteers for losses arising from work performed by Consultant for
City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than two million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property
damage, including without limitation, contractual liability. If commercial
general liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work
to be performed under this Agreement, or the general aggregate limit shall
be at least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage for all
activities of the Consultant arising out of or in connection with work to be
performed under this Agreement, including coverage for any owned, hired,
non -owned or rented vehicles, in an amount not less than one million
dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers the
services to be performed in connection with this Agreement in the
minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
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respect to liability arising out of work performed by or on behalf of the
Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents and
volunteers as respects to all claims, losses, or liability arising directly or
indirectly from the Consultant's operations or services provided to City.
Any insurance maintained by City, including any self- insured retention City
may have, shall be considered excess insurance only and not contributory
with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to
the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V, Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) days written notice has been received by City.
G. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from Consultant's
performance under this Agreement.
H. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
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16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
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21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against 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.
22. 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 to this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records 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 under this Agreement.
23. WITHHOLDINGS
City may withhold payment 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 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.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
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25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for 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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Gregg Ramirez
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949) 644 -3219
Fax 644 -3229
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention:
(
F.
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, 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 and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. 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, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. 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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32. 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.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed
by both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
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APPROVED AS TO FORM:
Robin Clauson,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LIN
LaVonne Harkless
CITY Clerk
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CITY OF NEWPORT BEACH
A Municipal Corporation
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Mayor
for the City of Newport Beach
CONSULTANT
Attachments: Exhibit A — Consultant Proposal /Scope of Services
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Neqport Commercial ProjecIp
Environmental Clearance Document
TABLE OF CONTENTS
I. PROJECT UNDERSTANDING AND APPROACH .............................
..............................1
II. SCOPE OF WORK .............................................................................
..............................2
Task 1.0
Project Team Kick -Off Meeting ............................................
..............................2
Task 2.0
Refine Project Scope ...........................................................
..............................2
Task 3.0
Develop Project Description ................................................
..............................2
Task 4.0
Technical Analyses ..............................................................
..............................3
4.1
Traffic Analysis .........................................................................
..............................3
4.2
Air Quality Analysis ..................................................................
..............................6
4.3
Noise Analysis ..........................................................................
..............................7
Task 5.0
Preparation of Initial Study /Environmental Checklist ..........
..............................8
5.1
Introduction ..............................................................................
..............................8
5.2
Environmental Checklist ..........................................................
..............................8
5.3
Environmental Analysis .......................................................
............................... 10
5.4
Inventory of Mitigation Measures .........................................
............................... 10
5.5
Determination .........................................................................
.............................10
5.6
Graphic Exhibits ...................................................................
............................... 10
Task 6.0
Draft Initial Study ..............................................................
............................... 11
Task 7.0
Final Initial Study ..............................................................
............................... 11
Task 8.0
Mitigation Monitoring Program .........................................
............................... 11
Task 9.0
Meetings and Public Hearings .........................................
............................... 11
Task 10.0
Project Management / Coordination ..................................
............................... 12
Task 11.0
Environmental Impact Report (Optional Task) ................
............................... 12
Task 12.0
Comments and Responses (Optional Task) ...................
............................... 12
III. BUDGET ESTIMATE .....................................................................
.............................13
Proposal to
City of Newport Beach i
IRlewport Commercial Pr ect
Environmental Clearance Document
I. PROJECT UNDERSTANDING AND APPROACH
The City of Newport Beach is seeking to retain an environmental and traffic consultant team to
prepare an environmental clearance document (Mitigated Negative Declaration) for the proposed
Newport Commercial Project located at West Coast Highway and Dover Drive. The project
proposes development on an approximately 112,000 square foot site, which is comprised of 17 lots.
Presently, the property is improved with approximately 19,700 square feet of one- and two -story
buildings primarily occupied by general retail uses, and automobile and boat sales. The Project
Applicant is proposing to removing existing on•site uses and construct commercial buildings totaling
56,000 square feet for general retail uses, and an approximately 100,000 square foot subterranean
parking garage.
The following scope of work reflects the work program for RBF Consulting (RBF) to prepare the
environmental document for the proposed project. RBF has assumed that a Mitigated Negative
Declaration would be necessary, but the outcomes of some of the technical reports could
necessitate the preparation of an EIR, which would require a separate scope of work.
RBF is assuming that the site plans, floor plans and other illustrations, as well as technical studies
generated by the Project Applicant, Allied Retail Partners, LLC, would be available in electronic form
and forwarded to RBF for use in the environmental document.
Proposal to REF
City of Newport Beach 0 • • • �b
Neeiport Commercial ProjecIp
Environmental Clearance Document
II. SCOPE OF WORK
Assumptions
RBF has assumed that City Staff will be responsible for the preparation of all CEQA notices (Notice
of Availability, Notice of Intent, Negative Declaration and Notice of Determination) and all public
noticing to comply with City requirements.
In addition, the RBF Team has assumed that no modifications to the project description would occur
after the development of the project description as part of Task 2.0. Any modifications to the project
description after it has been approved by City Staff would constitute a change in the work program,
and would require a modification to the scope and fee. Any modifications to the work program
would be performed on a time and materials basis as extras to the contract.
Task 1.0 Project Team Kick -Off Meeting
At the outset of the program, the RBF Team will meet with appropriate City Staff and Project
Applicant representatives to establish a mutual understanding of the key issues to be addressed,
and obtain existing documents applicable to the project. The most important purpose of the meeting
will be to clearly define City expectations for the planning process and to define basic objectives for
the environmental analysis.
Task 1.0 Meetings: Project Initiation Meeting at City
Task 2.0 Refine Project Scope
Following the Kick -Off meeting, the RBF Team will refine the scope of work and work schedule for
review by City Staff prior to commencing work on any technical studies or the initial study.
Task 2.0 Deliverables: final ProjectS,cope, Fee and Schedule ..
Task 3.0 Develop Project Description
A critical initial step will be to accurately define the project description. Based on plan alternatives
and other project details determined in Task 1.0, RBF will draft a preliminary project description for
review and approval by City Staff.
Proposal to
City of Newport Beach 2 • • •�
qewport Commercial Pro sect
Environmental Clearance Document
Task 3.0 Deliverables: a Draft CEQA Project Description
Final CEQA'Project Description
Task 4.0 Technical Analyses
A number of plans or studies will need to be prepared for the proposed project. RBF is assuming
that the Project Applicant will provide the following plans or studies:
Lighting Plan;
Photometric Analysis of Lighting Plan;
Landscape Plan;
Hydrology and Drainage Analysis; and
Geology and Soils Analysis.
In addition, the following technical studies will be prepared for the proposed project:
Traffic;
Air Quality; and
Noise.
4.1 Traffic Analysis
RBF will prepare a traffic impact analysis to support environmental documentation of the proposed
West Coast Highway /Dover Drive Retail Center Project in accordance with the City of Newport
Beach Traffic Phasing Ordinance (TPO). The proposed project consists of construction of a 56,000
square feet retail center. The project site is located at the northwest corner of the West Coast
Highway /Dover Drive intersection in the City of Newport Beach. The proposed project will
consolidate ten driveway curb cuts into three driveway curb cuts consisting of two right -in- right -out
access points and one signalized full- access point.
The retail center would consist of approximately 33,050 square feet of specialty retail, a 13,000
square feet drug store, and 9,950 square feet of medical /office land use. The proposed retail center
would displace approximately 19,700 square feet of existing retail and automobile land uses.
This scope of work has been prepared based on comments received from City of Newport Beach
Traffic Engineering staff.
Proposal to RW
City of Newport Beach 3
N11port Commercial Projecp
Environmental Clearance Document
Study Conditions
The analysis will document typical weekday traffic conditions for the following five analysis
scenarios:
• Existing Conditions;
• Existing + Ambient Growth + Approved Projects Conditions;
• Existing + Ambient Growth + Approved Projects + Project Conditions;
• Existing + Ambient Growth + Approved Projects + Cumulative Projects Conditions;
and
• Existing + Ambient Growth + Approved Projects + Cumulative Projects + Project
Conditions.
The last two scenarios are included to satisfy requirements identified in the California Environmental
Quality Act (CEQA).
Study Area
As part of the analysis, RBF will analyze up to 12 study intersections during the a.m. peak period
(7:00 a.m. to 9:00 a.m.) and the p.m. peak period (4:00 p.m. to 6:00) on a typical weekday
(Tuesday, Wednesday, or Thursday). The precise study intersections will be identified based on
discussion with City staff. This scope of work assumes City staff will provide intersection turning
movement count data.
Trip Generation
The traffic impact study will identify the number of daily and peak hour trips forecast to be generated
by the proposed project, using the City of Newport Beach Traffic Analysis Model ( NBTAM) trip
generation rates, Institute of Transportation Engineers (ITE), 7" Edition trip generation rates, or
other source as directed by the City.
To account for displacement of the existing land uses, RBF will forecast the number of daily and
peak hour trips utilizing NBTAM or ITE trip rates and subtract those trips from trips forecast to be
generated by future use of the site in the with project analysis scenarios.
Assumptions regarding project trip generation will be reviewed and approved by City staff prior to
inclusion in the analysis.
Trip Distribution and Assignment
The traffic study will provide a forecast distribution of project - generated trips. Prior to utilization in
the analysis, City staff will approve trip distribution.
Level of Service
The analysis will include a one - percent analysis for all study intersections to determine which
intersections require further traffic analysis. As denoted in the TPO, intersections will be included in
further analysis if project - generated traffic causes an increase of one - percent or more on any leg of
the study intersection.
Proposal to Q�
City of Newport Beach 4 �" . 3
kwport Commercial Pro ?ct
Environmental Clearance Document
The analysis will assess the proposed project's forecast traffic impacts during the a.m. peak hour
and p.m. peak hour at the study intersections. The analysis will document the existing operation of
the study intersections, and determine near -term operation of the study intersections both with and
without the proposed project to identify project - related traffic impacts using the Intersection Capacity
Utilization (ICU) analysis methodology. The City of Newport Beach target for intersection level of
service (LOS) operation is LOS D or better.
Forecast near -term traffic conditions will be based on an annual traffic growth rate and specific
approved projects traffic data supplied by the City to adjust existing traffic volumes to accommodate
ambient growth.
Cumulative traffic conditions will be analyzed in a separate section to satisfy CEQA requirements.
Cumulative traffic conditions will be based on forecast near -term traffic conditions and will
incorporate specific cumulative projects traffic data supplied by the City.
If the analysis shows that the proposed project will significantly impact an intersection based on City
of Newport Beach thresholds of significance, mitigation measures will be recommended in
accordance City of Newport Beach performance criteria. Proposed mitigation measures will be
accompanied by a schematic of the improvements, engineers cost estimate, and a fair share
proportion in accordance with the TPO. This scope of work assumes conceptual engineering plans
and cost estimates for proposed mitigation measures at up to four intersections.
The analysis will also document forecast operating conditions after application of any recommended
mitigation measures in accordance with the Traffic Phasing Ordinance.
Proposed Site Access
Traffic signal warrants will be prepared for the proposed signalized project access on West Coast
Highway intersection utilizing Caltrans Traffic Manual New Intersection Signal Warrant analysis
methodology.
The analysis will include an operational impact of the proposed traffic signal utilizing the City of
Newport Beach Synchro model. The traffic study will utilize the City of Newport Beach Synchro
model to identify queueing requirements and appropriate stacking distances at the proposed Project
Access/West Coast Highway intersection.
To demonstrate site access operations will be improved with the proposed consolidation of ten
driveway curb cuts to consist of three driveway curb cuts, RBF will count trips generated by the
existing retail /automobile land uses at each of the ten driveway curb cuts. The study will compare
the operation of site access for pre - project conditions and with project conditions to show the
improved function of left -turns into and out of the project site area. The traffic study will address the
improved operations of Coast Highway with the proposed widening on the project site frontage, and
the limits of improvements to Coast Highway.
Pedestrian usage and signal display visibility at the proposed Project Access/West Coast Highway
intersection will be discussed.
Proposal to FWF
City of Newport Beach 5 1 4
Aport Commercial Projecp
Environmental Clearance Document
On -Site Circulation
The analysis will include a discussion of the operations of the proposed subterranean parking
structure and other parking and loading facilities. The study will discuss the parking ramp slopes,
aisle dimensions, turning radii, signage and lighting to ensure the facility is constructible according
to City of Newport Beach standards.
Orange County Congestion Management Program Analysis
The purpose of the Orange County Congestion Management Program (CMP) is to develop a
coordinated approach to managing and decreasing traffic congestion by linking the various
transportation, land use and air quality planning programs throughout the County. The program is
consistent with that of the Southern California Association of Governments (SCAG). The CMP
requires review of significant individual projects that might on their own impact the CMP
transportation system.
The Orange County CMP has identified projects generating 1,600 trips /day and will directly access
or be in close proximity to a CMP Highway System link should require a TIA.
This scope of work assumes the analysis study area will include the Newport Boulevard /Pacific
Coast Highway intersection to satisfy the Orange County CMP. If the CMP analysis shows that the
proposed project will significantly impact a CMP intersection based on Orange County CMP
thresholds of significance, mitigation measures will be recommended in accordance with Orange
County CMP performance criteria.
Air Quality Traffic Assessment S Acoustical Traffic Assessment
This scope of work assumes the traffic analysis will provide supplemental information to support air
quality and acoustical analyses.
4.2 Air Quality Analysis
RBF will prepare the air quality analysis for the proposed project. The air quality analysis will place
particular emphasis on delineating the issues specific to City of Newport Beach (City) and South
Coast Air Quality Management District (AQMD) air quality requirements. RBF will prepare a
technical air quality analysis consistent with all applicable procedures and requirements for inclusion
in the Initial Study /Mitigated Negative Declaration.
Background/Research
RBF will extract relevant information from sources including the South Coast Air Quality Management Districts
Air Quality Management Plan. RBF will rely upon the traffic consultant to provide project trip generation data,
as well as peak hour traffic volumes and levels of service or travel speed data for relevant segments of Pacific
Coast Highway and Dover Drive under existing and future conditions. Additionally, RBF will rely upon the traffic
consultant to provide peak inbound /outbound trips for the parking garage.
Proposal to RW
City of Newport Beach 6 �5
4kewport Commercial Pro9ct
Environmental Clearance Document
Analysis
RBF will perform project - related operational and construction emissions analyses using the
URBEMIS2002 model developed by the California Air Resources Board (CARB). RBF will also model
worst -case local CO concentrations at up to two locations using Caltrans' CALINE4 model and emission
factors generated from the CARB's EMFAC2002 program.
RBF will discuss potential Project impacts upon climate and air quality, addressing temporary
construction emissions and long -term emissions from project operations associated with daily
vehicle travel and energy consumption. Short-term air quality impacts will be discussed focusing on
dust generation, construction vehicle emissions, and possible odors. If sufficient construction
details are available, RBF will estimate pounds per day of daily construction emissions.
Project total emissions will be compared to the total South Coast Air Basin emissions. The report
will also address stationary source emissions of proposed uses (qualitatively). In addition, project
consistency with the SCAQMD Final Air Quality Management Plan will be evaluated based upon the
City of Newport Beach General Plan and Southern California Association of Governments (SCAG)
growth forecasts. The analysis will be based on the project buildout year in addition to cumulative
conditions.
4.3 Noise Analysis
RBF will prepare the noise impact analysis for the proposed project. The noise impact analysis will
address the noise requirements of the City and consistency with all applicable procedures and
requirements for inclusion in the Initial Study /Mitigated Negative Declaration.
Background /Research
RBF will extract relevant information from sources including the City's General Plan Noise Element and
Caltrans' Truck Volumes document. RBF will rely upon the traffic consultant to provide average daily
traffic volume data for relevant segments of Pacific Coast Highway and Dover Drive. With and without
Project conditions will need to be distinguished.
Reconnaissance - Measurements
Four short-term measurements (each approximately 15 to 30 minutes in duration) will be performed in
the Project vicinity to sample existing noise levels. Where appropriate, traffic counts will be performed
simultaneous to the measurements to facilitate validation of the traffic noise model. General observations
regarding the noise environment will be recorded.
Analysis
RBF will model traffic noise levels using methods consistent with the Federal Highway Administrations
Highway Traffic Noise Prediction Model (FHWA -RD -77 -108). RBF will also provide general estimates of
noise exposure from temporary (construction- related) and operational activities on the project site. RBF
will coordinate with the appropriate agencies to determine whether the project will conform to all relevant
noise ordinance policies. If required, RBF will recommend abatement measures in accordance with the
City of Newport Beach Municipal Code (design level acoustic engineering specifications can be provided
Proposal to RW
City of Newport Beach 7 j(j
Aport Commercial Projecip
Environmental Clearance Document
under a separate scope and fee). The report will describe the methodology, data, findings and
recommendations of the study.
Exclusions
This scope of work does not include detailed noise barrier design or any other physical mitigation
measures.
4.4 Optional Tasks
If desired by the City, the RBF Team can conduct peer review analysis of the applicant - provided
technical studies. The costs for conducting this analysis will be provided upon request.
Task 4.0 Deliverables:. • Traffic Impact Analysis
Air Quality Analysis
Noise Analysis
Task 5.0 Preparation of Initial Study /Environmental Checklist
RBF will prepare an Initial Study in accordance with the City =s Initial Study Checklist form and /or
the most recent Environmental Checklist Form, as amended in the CEQA Guidelines. The Initial
Study /Environmental Checklist will include detailed explanations of all checklist determinations and
discussions of potential environmental impacts. The analysis shall be in accordance with Sections
15063, 15162, 15167 and 15168 of the CEQA Guidelines. The Initial Study /Environmental Checklist
document will include the sections identified below.
5.1 Introduction
This section will cite the environmental review requirements of the project, pursuant to CEQA and
the City guidelines. The Introduction will include the project location, environmental setting, existing
uses on -site and in the vicinity, the Project Description, Project Phasing, relevant
background /history information for the Specific Plan area, and General Plan and zoning
requirements.
5.2 Environmental Checklist
This section is modeled after Appendix G, Environmental Checklist Form, of the CEQA Guidelines
and will include a summary page of project information followed by an explanation of factors
considered for potential impacts. The comprehensive Newport Beach Initial Study /Environmental
Checklist will be presented in a four column layout, identifying: 1) Potentially Significant Impacts, 2)
Less Than Significant Impacts Unless Mitigation Incorporated, 3) Less than Significant Impacts, and
4) No Impacts. The section will provide a listing of documentation that will be Incorporated by
Reference and notations for all references utilized for the determination.
Proposal to
City of Newport Beach 8
qewport Commercial Pro ect
Environmental Clearance Document
Proposal to
City of Newport Beach 9 i��
NeAifport Commercial Projecil
Environmental Clearance Document
5.3 Environmental Analysis
The Environmental Analysis sections will provide vital supporting information for the conclusions
rendered for the Environmental Checklist. This section will review the following issues:
• Aesthetics: Project conformity with City design standards.
• Agriculture Resources: Impacts to agricultural resources.
• Air Quality..- Emission impacts in consideration of SCAQMD thresholds.
• Biological Resources: Impacts to biological resources.
• Cultural Resources: Impacts to archaeological and historical resources.
• Geology /Soils: Seismicity, soils and erosion potential.
• Hazards & Hazardous Materials: Hazardous substances and emergency access.
• Hydrology/Water Quality. Drainage, downstream impacts and groundwater quality.
• Land Use /Planning: Address existing policies, consistency and compatibility.
• Mineral Resources: Impacts to mineral resources.
• Noise: On and off -site noise levels in consideration of nearby sensitive receptors.
• Population /Housing: Comparison with local projections and potential for growth
inducement.
• Public Services: Police, fire and school impacts.
• Recreation: Impacts on recreational facilities.
• Transportation/Traffic: Generation rates, turning movement, capacity thresholds and
access.
• Utilities/Service Systems: Electricity, solid waste, water and wastewater systems.
• Mandatory Findings of Significance: Focused on cumulative impacts.
This section will provide a detailed response to each question in the Environmental Checklist, as
well as identify mitigation measures to reduce impacts to less than significant levels. RBF's
approach to the analysis portion of the document is to provide thorough, detailed and conclusive
impact analysis.
5.4 Inventory of Mitigation Measures
This section includes a comprehensive listing of all mitigation measures identified in Task 5.3.
5.5 Determination
The determination page will conclude the appropriate action based upon the environmental
analysis.
5.6 Graphic Exhibits
The environmental documentwill include a maximum of ten (10) exhibits to enhance the written text
and clarify the proposed project and potential environmental impacts. Exhibits are anticipated to
include: Regional Vicinity Map, Site Vicinity Map, Land Use Plan and Traffic Exhibits.
Proposal to
City of Newport Beach 10�
kwport Commercial Pro?ect
Environmental Clearance Document
Task 6.0 Draft Initial Study
RBF will submit the Draft Initial Study for review and comment by the City. RBF will also submit one
(1) Acheck copy@ of the final draft document which will incorporate one complete set of comments
received from the City.
Task 5.0 & 6.0.Deliverables: 5 Copies of Draft Initial
Study.
5 Copies of clock copy" of Final Initial Study .
Task 7.0 Final Initial Study
RBF will submit the Final Initial Study to the City.
Task 7.0 Deliverables: 35 Copies of Final Initial Study
1 Camera -Ready Original of Final Initial Study
• 1 CD with electronic version of Final Initial Study and Graphics
Task 8.0 Mitigation Monitoring Program
RBF will prepare the mitigation monitoring program pursuant to Section 21081.6 of CEQA. RBF will
submit a draft version for City review and will follow with a finalized mitigation monitoring program.
Task 8.0 Deliverables: 1 Copy of Draft Mitigation Monitoring Program
1.Copy of Final Mitigation Monitoring Program
Electronic version of Final Mitigation, Monitoring. Program
Task 9.0 Meetings and Public Hearings
RBF anticipates several meetings with City Staff and the Project Applicant, including progress
meeting and public hearings. Ms. Morse, along with other key project team personnel, will also be
available to attend meetings with affected jurisdictions, agencies and organizations as needed to
identify issues and assess impacts. RBF assumes that City Staff will arrange the public meetings
and provide appropriate materials.
Should the City determine that additional meetings beyond the following four (4) meetings are
necessary, services will be provided under a separate scope of work on a time and materials basis
(preliminary estimate is $750 per meeting, for each RBF staff member in attendance). The following
is an outline of anticipated meeting attendance needs.
Proposal to RW
City of Newport Beach 1 1 1i b
Ne�Gport Commercial Projecp
Environmental Clearance Document
Task 10.0 Project Management/Coordination
Ms. Collette Morse, AICP, will be responsible for management and supervision of the Project Team,
as well as consultation with the City. Ms. Morse will coordinate with all technical staff, consultants,
support staff and word processing toward the timely completion of the environmental document.
Task 10.0 Deliverables: • Ongoing Project Coordination
Task 11.0 Environmental Impact Report (Optional Task)
Based upon the findings of the Initial Study and in accordance with Article 7 of the CEQA
Guidelines, the City of Newport Beach may find that significant and unavoidable environmental
impacts may occur and an Environmental Impact Report (EIR) should be prepared. If selected as
an option, RBF will prepare a further refined Scope of Work for the preparation of an EIR. The EIR
Scope of Work would also include tasks for meeting time, project management, noticing, Draft and
Final EIR, and reproduction costs (additional technical studies may also be required).
Task 12.0 Comments and Responses (Optional Task)
After the close of the required public review period for the mitigated negative declaration, RBF,
K -H and City staff will review the comment letters received during the public review period and
determine if it is necessary to produce written responses to the comments. If so, this task is
considered outside the scope of this contract and would be completed on a time and materials
basis.
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AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH
RBF CONSULTING FOR CEQA DOCUMENTS FOR PROJECT ON WEST COAST
HIGHWAY AT DOVER DRIVE
THIS AMENDMENT is made and entered into as of this 11" day of April, 2006, by and
between the CITY OF NEWPORT BEACH. a Municipal Corporation ("City "), and RBF
CONSULTING. a corporation, whose address is 14725 Alton Parkway, Irvine, California
92618 ( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. On July 26, 2004, City and Consultant entered into a Professional Services
Agreement ( "Initial Agreement ") for preparation of a mitigated negative
declaration and other environmental documents in accordance with the California
Environmental Quality Act for the project located at the northwesterly corner of
Dover Drive and West Coast Highway in Newport Beach, California, and after
expiration of that agreement, City and Consultant on October 25, 2005, entered
into a successive Professional Services Agreement ( "Agreement ") including
tasks from the initial Professional Services Agreement and additional tasks for
completion of the mitigated negative declaration, and on January 24, 2006, City
Council approved an amendment ( "Amendment No 1 ") to the agreement of
October 25, 2005. for additional tasks for completion of the mitigated negative
declaration.
C. Consultant performed certain of the duties set forth in the Initial Agreement, the
Agreement, and in Amendment No. 1 and was paid for such duties consistent
with the Agreement.
D. City desires to have Consultant complete additional duties determined necessary
in addition to all duties set forth in the Agreement and Amendment No. 1 thereto
and not previously completed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached to the Agreement and Amendment No. 1 thereto and all the
services described in the Scope of Services attached hereto as Exhibit A and
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incorporated herein by reference. The City may elect to delete certain tasks of
the Scope of Services attached hereto at its sole discretion.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section, the Schedule of
Compensation attached hereto as Exhibit B and incorporated herein by
reference, and the Billing Rates attached hereto as Exhibit C and incorporated
herein by reference.
Consultant's compensation for all work performed in accordance with the Initial
Agreement, the Agreement. with Amendment No. 1, and with this Amendment,
including all reimbursable items and subconsultant fees, shall not exceed ONE
HUNDRED TWENTY -SEVEN THOUSAND TWO HUNDRED NINETY AND
NO /100 ($127,290.00) without additional authorization from City Consultant's
compensation includes the Agreement amount of One Hundred Ten Thousand
Nine Hundred Ninety -Five Dollars and No /100 ($110,995 00). the Amendment
No. 1 amount of Ten Thousand Five Hundred Dollars and No /100 ($10,500), and
an amount for Amendment No 2 approved hereunder of Five Thousand Seven
Hundred Ninety -Five Dollars and No /100 ($5,795). No billing rate changes shall
be made during the term of this Amendment without the prior written approval of
City.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
obin Clauson, City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk , Hewb
l+a
CITY OF NEWPORT BEACH,
A Municipal Corporation
By
Homer Bludau, City Manager
for the City of Newport Beach
CONSULTANT:
By:
Gary Arfnstrg6g,
Senydr Vice President
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Attachments Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
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EXHIBIT "A"
SCOPE OF SERVICES
Response to Comments
While the California Environmental Quality Act does not require preparing written response
to comments on a Mitigated Negative Declaration, City staff determined preparation of
responses to comments would be prudent. RBF prepared written responses to three State
agencies, and 24 residents or local groups. In addition, RBF prepared two technical
memoranda, one on air quality and one on traffic, in response to comments raised by the
Planning Commission. A total of 30 staff hours were necessary to prepare the response to
comments and technical memoranda on air quality and traffic.
Additional Reimbursable Expenses
City Staff requested additional copies of both the Mitigated Negative Declaration and
Technical Appendices. In total, an additional 15 copies of the Mitigated Negative
Declaration and 22 copies of the Technical Appendices were requested and provided. The
cost for a Mitigated Negative Declaration document with a CD of the Technical Appendices
is $25.00 per copy. The cost for the Technical Appendices is $110.00 per copy. The total
cost for additional reimbursable expenses is $2,795.
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EXHIBIT "B"
SCHEDULE OF COMPENSTATION
Response to Comments
Additional MND Copies
(30 hours for 27 responses $3,000
plus technical memoranda)
15 @ $25 each
Additional Technical Appendices 22 @ $110 each
Amendment No. 2 Total
61
010
Z420
$5,795
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EXHIBIT "C"
BILLING RATES (HOURLY)
OFFICE PERSONNEL
$ / Hr
Senior Principal. __........ .. ... ... .._. ...._ .__.......
_. _..__ $21500
Principal _... __ ....... ...._..
_._ __.. .. .19500
Project Director ..__
17500
Project Manager
_ 15200
Structural Engineer...
. . .... 15200
Electrical Engineer. _ _ .._ ...... . ........................
134 00
Senior Engineer /Senior Planner .... .. .... ...._. ...._ ._. _.__.
_.___.. _ _........_..._.13500
Landscape Architect. ._...... __..._ ..
._ _... .._12300
Project Engineer /Project Planner.. _._......__......
._._._._...._.._......._. 11600
Environmental Specialist _..._ ._......_._..... ._ .. .___,.........._.
......__ ...... _. 11200
Corrosion Engineer. _.. _.
...................11200
Design Engineer/Senior Designer/Mapper
10800
Designer /Planner...... __ ___....... _
9400
GISAnalyst_ _ .... ..____ ._. _...
_..... ... ......9000
Graphic Artist .. _.. ......__. _....
_..._...._ _._....._..8000
Environmental Analyst/Staff Planner_._._ ._ ..........._..__.......
..__.._._ _.._ .............._.....8000
Design Technician .....
7800
Assistant Engineer/Planner .._._.._ ..._ __.....__. . _ ..... .........._
.._.,._ _. 7400
Engineering Aid /PlanningAitl___. ._.____.. ............._..............
_..__.. ._..___6000
FIELD PERSONNEL
2- Person Survey Crew ....... . _ _ _
$20000
1- Person Survey Crew _._ . ...... .__ __ .. ..__
__ . _ .. 14500
Field Supervisor .. ._.__.... ... .....__ ......_...
__._.. ....__...._.....13800
CONSTRUCTION MANAGEMENT PERSONNEL
Construction Manager..._.. .. _........... ... ..
___..._ _. ._... $15000
Resident Engineer /Project Manager
Senior Construction Inspector_.._ ............. _.._ ._..... ......
... _......._ _...... ... 98.00
Construction Inspector _. .__.. ...___
_._ .._..9500
Field Office Engineer
9000
Construction Technician ....._. __.. ...
__.. 7800
OTHER SERVICES AND FEES
Permit Processor _ __.__..... .._ _._.... _.._.
__. _......._ . ............. ._.$9500
ClencalMord Processing ........... .. _.._...._ _ _._ ..._ .
_...... ........ ._..... .... 5000
Consultation Relative to Legal Actions ... _ _ _ .
270 00
VehicleMileage ............. ....... _. __.... ....... .... ... ._ _._.... _.
_.......... ............ .__..050 /mile
Note
Bluepnnting, reproOucl dn. messenger B ice and other direct expenses will De Charged as an additional Cost plus 15% A $ub<IOnSuaant
Management Fee or fiheen- percent (15%) will be added to the direct Cost or all sub- consuitant SahnCQS t0 provide for the Colt Of administration, Sub.
Consultant Consultation and inSUranca
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