HomeMy WebLinkAbout13 - PSA for the Proposed Newport Village Mixed -Use Project Located in the 2000 Block of West Coast HighwayTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
September 24, 2019
Agenda Item No. 13
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Makana Nova, Associate Planner
949-644-3249, mnova(@_newportbeachca.gov
TITLE: Professional Service Agreement with Psomas for Environmental
Services for the Proposed Newport Village Mixed -Use Project
Located in the 2000 Block of West Coast Highway (PA2017-253)
ABSTRACT:
For City Council's consideration is a Professional Services Agreement for $389,501 with
Psomas for environmental consulting services for the proposed Newport Village Mixed -
Use Project located at 2000-2244 West Coast Highway and 2001-2241 West Coast
Highway in the Mariners' Mile corridor.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve the Professional Services Agreement with Psomas and authorize the Mayor
and City Clerk to execute the agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. The consulting service cost of $389,501 will
be reimbursed to the City by the Applicant, MX3 Ventures — MSM Global.
DISCUSSION:
MX3 Ventures — MSM Global (Applicant) is proposing a mixed-use development
encompassing approximately 9.4 acres on the north and south sides of West Coast
Highway in the Mariner's Mile corridor. An environmental impact report (EIR) will be
required for the project. Staff has selected the environmental consulting firm Psomas to
prepare the EIR.
13-1
Professional Service Agreement with Psomas for Environmental Services for the
Proposed Newport Village Mixed -Use Project Located in the
2000 Block of West Coast Highway (PA2017-253)
September 24, 2019
Page 2
Consistent with City Council Policy F-14, City Council authorization is required for the
Professional Services Agreement because the "not to exceed" amount of $389,501 is in
excess of the $120,000 limit by the City Manager.
Proposed Prosect
The project includes 14 residential condominium units on the south parcel, 108 apartment
units on the north parcel, and 127,320 square feet of nonresidential floor area (including
96,850 square feet of office, 10,750 square feet of boat sales, 8,100 square feet of vehicle
sales, and 11,620 square feet of restaurant uses) on both parcels. The project design
includes a new publically accessible waterfront promenade and 835 parking spaces within
surface level and partially subterranean parking. The existing bulkheads would be
reinforced and capped along the waterfront. The maximum height of buildings on the
north parcel is 26 feet for a flat roof and 31 feet for a pitched roofline measured from
established grade. The maximum height of buildings on the south parcel is 35 feet for a
flat roof measured from established grade. The existing structures at 2241 West Coast
Highway and 2244 West Coast Highway would remain while other structures will be
demolished and existing uses will be discontinued with project implementation.
The applicant requests the following approvals:
• Coastal Development Permit — to allow the project construction and uses in the
Coastal Zone
• Environmental Impact Report — to address reasonably foreseeable
environmental impacts resulting from the project specific discretionary approvals,
an Initial Study and Environmental Impact Report (EIR) are warranted for this
project pursuant to the California Environmental Quality Act (CEQA)
• Site Development Review — to allow the scope of the mixed-use project and
adjustment of building height above the 26/31' base height limit to a maximum of
35' and the project construction on a 9.4 -acre site
• Tentative Tract Map — to merge underlying parcels and allow 14 residential
condominium units and commercial units
• Traffic Study — to consider the projected increase in vehicle trips resulting from
the proposed project pursuant to the City's Traffic Phasing Ordinance.
Regarding the coastal development permit (CDP) mentioned above, the City has a
certified Local Coastal Program (LCP) and the project site is located within the City's CDP
jurisdiction area for improvements landward of the bulkhead face. However, any
development through the face of the bulkhead will require a Coastal Development Permit
processed by the Coastal Commission. Therefore, the Coastal Commission will utilize the
EIR in their review of the CDP.
13-2
Professional Service Agreement with Psomas for Environmental Services for the
Proposed Newport Village Mixed -Use Project Located in the
2000 Block of West Coast Highway (PA2017-253)
September 24, 2019
Page 3
Consultant Selection
Consistent with City Council Policy F-14 and Administrative Policy AP -001, a Request for
Proposals (RFP) solicitation was sent to 11 candidate firms. These firms were sent RFP's
based on the City's list of prequalified CEQA consultants, the fit of the project's scope
with the consultant's line of work, and a desire to spread project work across firms that
do not have active CEQA projects contracted with the City. Five proposals were received.
The proposals were reviewed by an evaluation panel consisting of staff from the
Community Development Department. Three of these proposals earned a minimum of
70% of the Technical Score (out of 80), as shown in Table — A.
The evaluation panel invited the two highest ranked proposers to an interview. The
purpose of this interview was to enable the panel to further examine the experience,
qualifications, technical ability, and project methodology of the highest qualified proposers
after the initial review of their written proposals. The interviews confirmed the panel's
ranking as indicated in Table — A.
In accordance with Qualifications -Based Selection (QBS) procedures for professional
services, the panel proceeded to unseal the cost submittal from Psomas to assess the
proposed costs for reasonableness and fairness. The panel also unsealed the costs from
LSA and Kimley-Horn in order to provide the proper context in which to assess and
compare the costs from Psomas. These costs are also shown in Table —A.
The panel principally considered the background, experience, and technical qualifications
of the consultant as well as the ability to respond promptly due to the sizeable scope of
the Proposed Project and extensive community interest.
In addition to their performance at the interview, Psomas was selected based on the firm's
project understanding, qualifications, experience, thoroughness, and competitive cost to
prepare the environmental impact report for this complex project. Kimley-Horn was
selected as the sub -consultant, under Psomas' contract, to prepare the Traffic Study
based on input from the Public Works Department. The Applicant was apprised of the
proposal, including the scope of work, budget and schedule, and agrees with the
selection.
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TABLE - A
PROPOSER
TECHINCAL SCORE OVERALL RANK
PROPOSED COST
Psomas
95.00 1
$389,501
LSA
85.71 2
$318,189
Kimley-Horn
81.43 3
$388,900
The evaluation panel invited the two highest ranked proposers to an interview. The
purpose of this interview was to enable the panel to further examine the experience,
qualifications, technical ability, and project methodology of the highest qualified proposers
after the initial review of their written proposals. The interviews confirmed the panel's
ranking as indicated in Table — A.
In accordance with Qualifications -Based Selection (QBS) procedures for professional
services, the panel proceeded to unseal the cost submittal from Psomas to assess the
proposed costs for reasonableness and fairness. The panel also unsealed the costs from
LSA and Kimley-Horn in order to provide the proper context in which to assess and
compare the costs from Psomas. These costs are also shown in Table —A.
The panel principally considered the background, experience, and technical qualifications
of the consultant as well as the ability to respond promptly due to the sizeable scope of
the Proposed Project and extensive community interest.
In addition to their performance at the interview, Psomas was selected based on the firm's
project understanding, qualifications, experience, thoroughness, and competitive cost to
prepare the environmental impact report for this complex project. Kimley-Horn was
selected as the sub -consultant, under Psomas' contract, to prepare the Traffic Study
based on input from the Public Works Department. The Applicant was apprised of the
proposal, including the scope of work, budget and schedule, and agrees with the
selection.
13-3
Professional Service Agreement with Psomas for Environmental Services for the
Proposed Newport Village Mixed -Use Project Located in the
2000 Block of West Coast Highway (PA2017-253)
September 24, 2019
Page 4
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Professional Services Agreement with Psomas
Attachment B — Conceptual Project Site Plan
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Attachment A
Professional Services Agreement with Psomas
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PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
ENVIRONMENTAL IMPACT REPORT (EIR) FOR
NEWPORT VILLAGE MIXED-USE DEVELOPMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 24th day of September, 2019 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and PSOMAS, a California corporation ("Consultant"), whose address is 555 S.
Flower Street, Suite 4300, Los Angeles, CA 90071, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide environmental services for the
Newport Village Mixed -Use Development ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2021, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
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Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Eighty
Nine Thousand Five Hundred One Dollars and 00/100 ($389,501.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
PSOMAS Page 2
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reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Alia Hokuki, AICP to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
This Agreement will be administered by the Community Development Department.
City's Associate Planner or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
PSOMAS Page 3
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requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
PSOMAS Page 4
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conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
PSOMAS Page 5
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Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Associate Planner
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
mimaI usno mm
PSOMAS
3 Hutton Centre Drive, Suite 200
Santa Ana, CA 92707
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
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of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controllinq Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
PSOMAS Page 10
13-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Oarp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: PSOMAS, a California
corporation
Date:
Bv:
Ryan McLean
Chief Executive Officer
Date:
Bv:
Debra Lambeck
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
PSOMAS Page 11
13-16
EXHIBIT
SCOPE OF SERVICES
PSOMAS Page A-1 13-17
Newport Village Mixed -Ilse Development
SCOPE OF WORK
NEWPORT VILLAGE MIXED-USE DEVELOPMENT
ENVIRONMENTAL ANALYSIS APPROACH
The City of Newport Beach has determined that an EIR prepared in accordance with the California
Environmental Quality Act (CEQA) and the State CEQA Guidelines, would be the appropriate CEQA
document, due to the potential for significant environmental impacts, intense public interest, and the
discretionary approvals required for the proposed development. Psomas concurs with the City's
determination to prepare an EIR for the Project and proposes that a project -specific EIR be prepared,
which "focuses out" those topical issues and environmental checklist questions that may not be applicable
and thus will require detailed project -specific evaluation. The EIR will focus on the remaining topical
issues that require detailed project -level analysis. The topical issues/checklist questions to be focused
outwill be discussed upfront in the EIR document and focused out as stand-alone topical sections or
discussions under checklist questions.
Based on the preliminary findings and Psomas' independent research, a number of stand-alone
environmental topics can be focused out of the EIR. At a minimum, these include Agricultural and Forest
Resources, Mineral Resources, and Wildfire.
PROJECT UNDERSTANDING
The Newport Village Project proposes a mixed-use development on a total of 9.4 acres on a stretch of the
Pacific Coast Highway (West Coast Highway) known as Mariners' Mile.
The existing development on the Project site includes a mix of retail, marine -related commercial, boat
rental, service uses, offices, and surface parking lots consistent with "highway -oriented retail and marine -
related commercial uses," as characterized in the General Plan. More specifically, the surrounding uses
include the Holiday Inn Express Newport Beach, Boy Scout Sea Base, retail and restaurant businesses,
marine -related uses, Newport Bay, and residential uses on the bluff top above the North Parcel.
The proposed Project site is comprised of two parcels: (1) the North Parcel, approximately 5.3 acres,
located at 2000-2244 West Coast Highway; and (2) the South Parcel, approximately 4.1 acres, located at
2001-2241 West Coast Highway. The approximate 283,495 -gross -square -foot (GSF) Project, which
includes an existing development of approximately 25,100 square feet (SF), consists of the construction
of 122 multi -family residential units, and approximately 127,320 SF of non-residential, uses including
mercantile, food and beverage retail, office space, parking spaces, car and boat showrooms, and public
open space.
Additional uses/amenities will include pedestrian boardwalks, plazas, a cafe deck with terraced seating,
patios, courtyards and an office dining garden to provide outdoor amenities for future visitors, residents,
and employees of the Project. The Project will provide approximately 18,000 SF of common open space
for proposed residential uses in addition to a total of 24,900 SF of publicly accessible open space across
both parcels. The open space will meet and exceed the open space requirement of NBMC.
The Project is located in the City's Sub -Area 6, known as Mariners' Mile, with separate General Plan and
Zoning designations for each parcel. The General Plan land use designation of the North Parcel, the
inland West Coast Highway frontage property, is Mixed -Use Horizontal (MU -H1) and the zoning
designation is Mixed Use -Mariners' Mile (MU -MM). The permitted uses under the MU -H1 designation
A-1 Scope of Work
13-18
Newport Village Mixed -Use Development
include marine -related and highway -oriented general commercial, and the MU -MM designation allows
uses such as the proposed multi -unit residential or vertical mixed-use structures (i.e., residential above the
ground floor with non-residential uses on the ground floor).
The South Parcel, the bay -fronting property, has a General Plan designation of Mixed -Use Water 1 (MU-
Wl) and a zoning designation of Mixed -Use Water Related (MU -W1). MU -W1 permitted uses include
multi -family residential, mixed-use, and commercial. The zoning designation of MU -W1 allows
nonresidential uses, including the proposed marine -related and visitor -serving uses, and residential
dwelling units may be intermixed.
As the proposed Project uses are permitted within the above designations, no General Plan Amendment and
Zone Change would be required. The proposed Project is within the Coastal Zone and therefore, would be
subject to the City's Local Coastal Program (LCP) and California Coastal Commission (CCC) regulations.
In order to accommodate development of the proposed Project, the following discretionary actions may
be requested:
• Coastal Development Permit. To allow project construction and operation of proposed uses
within the Coastal Zone;
• Site Development Review. To allow the scope of the mixed-use Project and adjustment of
building height above the 26/31 feet base height limit to a maximum of 35 feet and the project
construction on a 9.4 -acre site;
• Tentative Tract Map. To merge underlying parcels and allow 34 residential condominium units
and commercial uses;
• Traffic Study pursuant to City's Traffic Phasing Ordinance (TPO). To consider the projected
increase in vehicle trips resulting from the proposed Project pursuant to the City's TPO because
the Project is anticipated to increase traffic by more than 300 average daily trips; and
• Development Agreement. To provide public benefits upon approval of the Project (may be
requested by MX3 Ventures/MSM Global [hereinafter referred to as the Applicant] on a
volunteer basis)
In addition to the discretionary actions, the proposed Project requires coordination with Caltrans for
improvements involving the public right-of-way at West Coast Highway.
SCOPE OF ENVIRONMENTAL SERVICES
Psomas strives and succeeds in meeting the agreed upon scope of work (SOW), project schedule, and
budget requirements of our clients. In order to avoid issues pertaining to these elements, the Project
Manager will be responsible for closely monitoring the status of these three key components for this
Project. Relevant components will be shared with the appropriate team members as a guide to full
understanding of the required tasks. Any additional task, not included in the approved SOW, will be
discussed with the City to avoid expending budget on an unauthorized task. Below is Psomas' SOW for
the Newport Village Project EIR based on our understanding of the proposed Project, the City's RFP,
and supplemental information associated with the RFP:
Task 1: Project Initiation
Task 2: Technical Studies
Task 3: Notice of Preparation and Scoping Meeting
Task 4: Draft Environmental Impact Report
A-2 Scope of Work
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Newport Village Mixed -Use Development
Task 5: Final Environmental Impact Report and Related Documents
Task 6: Notices
Task 7: Project Management, Meetings, and Public Hearings
TASK 1 PROJECT INITIATION
Subtask 1.1 Kick -Off Meeting
Psomas will attend a Kick -Off Meeting with the City of Newport Beach and Project Team members, as
appropriate, including Kimley-Horn, Psomas' traffic subconsultant. This meeting will provide an opportunity
to discuss and/or confirm the approach to preparing the environmental document; further discuss and define
the SOW; discuss the peer review of the Applicant -prepared technical studies; and identify and discuss the key
community issues/concerns. Additionally, the Project schedule will be discussed, and key milestones will be
defined. It is assumed that the Applicant will provide updated Project information, if available, including an
updated Site Plan and technical studies. Psomas will identify information needed from the City/Applicant to
complete the EIR within one week of the kick-off meeting.
If requested by the City, Psomas will prepare and electronically submit the Meeting Minutes from the Kick-off
Meeting to the City for review and comment. Upon receipt of comments, the Meeting Minutes will be revised
and submitted electronically to the City for distribution.
Subtask 1.1 Deliverables
Electronic copies (CDs or email) of Draft and Final Meeting Minutes (if requested)
Subtask 1.2 Data Collection and Site Visit
Psomas will prepare a Data Needs Request to obtain data related to Project construction and operations
activities that are needed for the respective technical analyses. Work can typically proceed on those tasks that
are not dependent on forthcoming information. Additionally, Psomas will review existing City documents,
including but not limited to the City of Newport Beach General Plan, adopted July 25, 2006 (General Plan);
Environmental Impact Report General Plan 2006 Update (EIR); General Plan Housing Element; 2014-2021
Housing Element; Newport Beach Municipal Code; City's Local Coastal Program (LCP); and other pertinent
documents.
Additionally, Psomas will conduct a Project site visit to assist in the description of the environmental setting and
to photographically document the site and surrounding area.
Subtask 1.2 Deliverables
• Electronic copy (CD or email) of Data Needs Request
Subtask 1.3 Proiect Description and Environmental Impact Report Outline
Psomas will prepare an in-depth and detailed Project Description, appropriate for an EIR, based on the
following Project information already provided or to be updated by the City and/or Applicant:
• Approved Project Objectives from the City, presumably developed with input from the Applicant;
• Updated Project Site Plan, including building elevations; parking requirements and locations; and
anticipated architectural style and density;
• Grading Plan, including earthwork quantities, site cross-sections, and import/export locations, if
available;
A-3 Scope of Work
13-20
Newport Village Mixed --Use Development
• Circulation Plan, Landscape and Open Space Plan, and other appropriate and available plans;
• Information pertaining to infrastructure and wet and dry utilities;
• Preliminary Water Quality Management Plan (WQMP);
• Recreational amenities;
• Any and all components of the Project that would need to be included in the Project Description;
and
• Any other features unique to the Project that would serve to minimize environmental impacts
(such as sustainability components) or that are integral to the analysis of the environmental
impacts.
Additionally, Psomas will research and gather data that will serve to provide the setting information for
the Project Description. Upon completion of the Project Description, one (1) electronic copy will be
submitted to the City for review. The Project Description will be revised to address comments received by
the City and will be submitted back to the City for final review and approval prior to distribution to
Psomas' Project Team and subconsultants.
Additionally, Psomas will prepare an outline for the EIR based on the City's prior EIR documents, as
appropriate, and meeting all requirements of CEQA and State CEQA Guidelines. Upon completion, one
(1) electronic copy of the EIR outline will be submitted to the City, along with the Project Description,
for review and comment. The outline will be revised per comments received from the City and will be
finalized and used in setting up the EIR template for the proposed Project.
Subtask 1.3 Deliverables
One (1) electronic copy (CD or email) of the Draft and Final Project Description
One (1) electronic copy (CD or email) of the Draft and Final EIR Outline
TASK 2 TECHNICAL STUDIES
Subtask 2.1 Preparation of Technical Studies
Upon receipt of all requested information, the Psomas Project Team will prepare multiple technical
analyses/studies, as identified below in Task 2.1.1 through Task 2.1.6, to support the EIR. As presented
below, the air quality, energy, greenhouse gas (GHG) emissions, historic resources, and noise and
vibration analyses, as well as a traffic study are proposed as standalone technical reports that would be
provided in the EIR as appendices and summarized in the appropriate EIR topical sections.
However, as an option to streamline the process, the technical evaluations, including air quality, energy,
GHG emissions, and noise and vibration, can be incorporated directly into the EIR section rather than
provided as standalone technical reports. In this case, the computer model runs would be included as EIR
appendices. This approach will be discussed with City staff at the Kick -Off Meeting (Task 1.1).
Subtask 2.1.1 Air Quality Analysis
Psomas will review the Project site plans and related Project data and will prepare a Data Needs Request
spreadsheet for the Applicant to provide data relative to phasing; demolition and construction methods;
grading quantities; building energy use; stationary sources; and Project features related to air quality.
Based on information provided, Psomas will draft reasonable worst-case scenarios for anticipated
construction activities (i.e., most intensive phase, type of construction, construction start and completion
A-4
Scope of Work
13-21
Newport Village Maxed -Use Development
dates, anticipated soil export and import, equipment mix) and long-term operations to be used as the basis
of the air quality modeling.
Psomas will conduct the air quality analysis consistent with the South Coast Air Quality Management
District's (SCAQMD's) recommended methods for CEQA analyses and will evaluate the Project's
contribution to regional emissions to the air basin as well as localized concentrations to sensitive uses
proximate to the Project site, which include residential uses to the north and east of the North Parcel
Project site. For the regional emissions analysis, Psomas will calculate the Project's construction and
operational criteria pollutant regional (mass) emissions using the California Emissions Estimator Model
(CalEEMod). Psomas will also estimate the existing emissions from current office, retail, and commercial
uses on the Project site to determine the net change in emissions that would result from Project
implementation. Model results will be compared with the SCAQMD's CEQA regional emissions
thresholds to determine the potential for Project related impacts to the air basin's regional emissions.
For the analysis of potential impacts to the local area proximate to the Project site, the SCAQMD requires
that project -related construction emissions be evaluated against the localized significance thresholds
(LSTs). LSTs are used to determine whether sensitive uses near the Project site are exposed to air
pollution that exceeds the ambient air quality standards (AAQS). For the operations phase of the Project,
it is expected that a qualitative analysis will be conducted to demonstrate whether or not the Project
would generate traffic congestion at a major intersection at a magnitude that would cause a local carbon
monoxide (CO) "hotspot". Thus, no dispersion modeling is included in this SOW for CO analysis. Project
area exposure to construction phase toxic air contaminants (TACs) and odors will also be addressed
qualitatively. Additionally, the analysis will include an evaluation of Project conformity with the Air
Quality Management Plan (AQMP) for the South Coast Air Basin (SCAB).
Subtask 2. 1.1 Deliverables
• One (1) hard copy and one (1) electronic copy (CD or email) of the Draft and Final Air Quality
Technical Study
Subtask 2.1.2 Energy Technical Analysis/Study
Psomas will prepare an Energy Analysis for the Project, which would include a discussion of energy demands,
and the Project's proposed energy efficiency measures. The regulatory setting will include a discussion of the
local, State, and federal policies and regulations that apply to the Project. The discussion of project related
energy demands includes quantification of anticipated energy consumption from the construction and
operations phases. Construction phase energy demand is due to diesel and gasoline consumption used during
the development of the Project. The operations phase of the Project would consume energy from transportation
fuels used for vehicle trips to and from the site; natural gas for heating needs; and electricity for lighting,
devices, and water/wastewater conveyance. The Project's energy efficiency measures will be discussed relative
to the Title 24 building standard requirements and any additional measures. Mitigation measures, if needed,
will be discussed relative to any measures needed to reduce any significant energy impacts. The results will be
provided in an Energy Technical Report and will include a discussion of regulatory setting, energy demands,
Project energy efficiency measures, impact assessment, and any necessary mitigation measures.
Subtask 2.1.2 Deliverables
• One (1) hard copy and one (1) electronic copy (CD or email) of the Draft and Final Energy
Technical Analysis Study
A-5 Scope of Work
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Newport Village Mixed -Ilse Development
Subtask 2.1.3 Greenhouse Gas Emissions Technical Study
Psomas will prepare a GHG emissions analysis. The quantitative Project analysis will use the data and
scenarios developed for the air quality analysis; assumptions for the Project's anticipated electricity,
natural gas, and water usage; proposed Project features that would conserve energy and water; and on-site
recycling plans, sustainability features, and other data relative to GHG emissions. Psomas will calculate
construction and operational GHG emissions concurrently with the air quality emissions using
CaIEEMod. Psomas will compare the net change in GHG emissions with criteria that have been
recommended by the SCAQMD or a threshold determined by coordination with City staff. Selected
findings of the Coast Hazards and Sea Level Rise Report anticipated from the Applicant will be
incorporated within the GHG emissions section. Psomas will also determine whether implementation of
the Project would conflict with applicable State, regional, and City plans, policies, or regulations adopted
for the purpose of reducing GHG emissions.
Mitigation measures that reduce construction and operations phase impacts will be identified, as
necessary. If regional and/or local construction or operations phase emissions exceed the SCAQMD
thresholds of significance, Psomas will work with the City to determine feasible mitigation measures. The
findings will be provided in the Air Quality and Greenhouse Gas Emissions Technical Report, which will
include summaries of pollutant descriptions, pertinent air quality/GHG regulations, local air quality
conditions, Project -generated air pollutant and GHG emissions, and an appendix with supporting
calculations. Model results will be included in an appendix to the study.
Subtask 2.1.3 Deliverables
• One (1) hard copy and one (1) electronic (CD or email) copy of the Draft and Final Greenhouse
Gas Emissions Technical Study.
Subtask 2.1.4 Historic Resources
As a subconsultant to Psomas, PaleoWest will be retained to conduct an analysis of potential historic
resources, as appropriate. The scope of work includes conducting record searches and historic -period
resources survey and preparing a summary report.
PaleoWest will consult the California Historical Resources Information System to conduct a records
searches of previously recorded historical resources and reports, as appropriate. PaleoWest will inspect
any available historical maps and aerials, USGS survey plats, and Government Land Office (GLO) plats
relevant to the Project. PaleoWest will also review properties listed on the California Historical
Landmarks (CHL), California Historical Resources Inventories, California Points of Historical Interest
(CPHI), local city and county registries of historic properties, the California Register of Historic
Resources (CRHR), and the National Register of Historic Places (NRHP). Additional archival research at
relevant repositories will be completed as necessary.
PaleoWest will conduct a historical built environment surveys to photo document and assess current
condition of historic -period resources, as needed. The historic -period resources will be recorded on
appropriate DPR 523 series forms. In preparing the DPR 523 forms, the existing condition of the
resources will be photographed and described in detail.
Upon completion of the work, PaleoWest will prepare a technical report in compliance with CEQA
standards. The report will include historic contexts, a summary of field methods and results, and
significance evaluations of historic period resources under appropriate criteria.
A-6 Scope of Work
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Newport Village Mixed -Use Development
Subtask 2.1.4 Deliverables
• One (1) hard copy and one (1) electronic copy (CD or email) of the Draft and Final Historic
Resources Technical Study.
Subtask 2.1.5 Noise and Vibration Technical Study
Psomas will visit the Project site to identify existing noise sources (traffic along West Coast Highway,
parking lot activities, and boat activity in the waterway) and measure existing noise levels at the Project
site boundaries. Two measurement locations will be used to document noise levels for at least 24 hours
along West Coast Highway to represent the North and South parcels. Noise levels along the northern and
southern Project site boundary are expected to be low and would be characterized by short-term noise
measurements (20 minutes).
Psomas will analyze temporary noise and vibration impacts from construction activities and will also
review the Project plans, design, and traffic impact analyses to evaluate operational noise impacts to
sensitive receptors. The Project is anticipated to involve noise sources, which include HVAC (heating,
ventilation, and air conditioning) units and parking lot activities. The analysis will compare noise impacts
with the standards in the City's General Plan and Noise Ordinance.
Mitigation measures that reduce construction and operations phase impacts will be identified, as
necessary. If regional and/or local construction emissions exceed the noise thresholds of significance,
Psomas will work with the City to determine feasible mitigation measures. The results will be provided in
a Noise Technical Report and will include summaries of noise terminology, applicable noise regulations,
ambient noise environment, increases in existing noise levels, and an appendix with supporting
calculations. We assume that a detailed interior noise analysis for individual residential uses will not be
required and is not included in this SOW.
Subtask 2.1.5 Deliverables
One (1) hard copy and one (1) electronic copy (CD or email) of the Draft and Final Noise and
Vibration Technical Study
Subtask 2.1.6 Transportation Impact Assessment
As a subconsultant to Psomas, Kimley-Horn and Associates, Inc. (Kimley-Horn) will be retained to
conduct an analysis of potential traffic related impacts of the proposed Project and prepare a Traffic
Impact Analysis (TIA) that will serve as the basis for the Transportation section of the EIR. The TIA will
be prepared to satisfy both the CEQA and the City of Newport Beach TPO requirements. Kimley-Horn's
proposed traffic scope is summarized below.
Site Evaluation
Kimley-Horn will conduct a field review of the study area to observe and record current traffic conditions
in the Project vicinity, including the nearby Newport Heights and Cliffhaven neighborhoods. The field
review will include documenting existing site driveways and access; roadway and intersection lane
configurations; traffic control; posted speed limits; pedestrian crosswalks; transit stops, and on -street
parking along the Project frontage. This information will be documented in the Existing Conditions
section of the TIA.
Kimley-Horn will review related documents and Project data provided by the City and Applicant to
supplement the field work. Information would include identifying the anticipated opening year (within 60
months of Project approval); layout of the proposed development plan; existing and proposed land uses
A-7 Scope of Work
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Newport Village Mixed -Use Development
and quantities; proposed site access; including proposed changes to existing site access; parking and
onsite circulation; and other traffic -related site features.
Identification of Traffic Study Area
It is assumed that all available current peak hour traffic data for the TPO Primary Intersections (available
through the City's annual count program) will be provided to Kimley-Horn by the City. Kimley-Horn will
collect peak hour traffic data at the study intersections where current data is not available through the
City's annual count program. Based on consultation with the cities of Newport Beach and Costa Mesa,
the TIA will include analysis of the following study intersections:
NEWPORT VILLAGE STUDY INTERSECTIONS
For budgeting purposes, it is assumed that new traffic data collection will be required at up to 8
intersections. If more or fewer study intersections or if different or additional requirements are identified,
adjustments to the scope and fee will be made accordingly.
Project Assumptions
Project trip generation estimates will be based on the Institute of Transportation Engineers (ITE) Trip
Generation Manual (10th Edition) for those land use categories included in the Manual. Kimley-Horn will
work with City staff to determine the preferred approach to estimating the trip generation for land uses
not included in the Manual, specifically, the Boat Showrooms. Options include referencing prior traffic
studies for similar uses, internet research, or conducting driveway counts at an existing comparable
business.
A-8 Scope of Work
13-25
kdwsection
n
1
Coast Highway and Superior
Newport Beach
2
Coast Highway and Newport Ramp
Newport Beach
3
Newport and Hospital
Newport Beach
4
Newport and Via Lido
Newport Beach
5
Newport and 32"d
Newport Beach
6
Coast Highway and Riverside
Newport Beach
7
Coast Highway and Tustin
Newport Beach
8
Irvine and Dover/19th
Newport Beach
9
Irvine and Westcliff/17th
Newport Beach
10
Dover and Westcliff
Newport Beach
11
Dover and 16th
Newport Beach
12
Coast Highway and Dover/Bayshore
Newport Beach
13
Coast Highway and Bayside
Newport Beach
14
Coast Highway and Jamboree
Newport Beach
15
Coast Highway and Avocado
Newport Beach
16
Coast Highway and MacArthur
Newport Beach
17
Coast Highway and Newport Center
Newport Beach
18
Newport and 18th
Costa Mesa
19
Newport and 17th
Costa Mesa
20
Newport and 161h
Costa Mesa
21
1 17th and Santa Ana
Costa Mesa
For budgeting purposes, it is assumed that new traffic data collection will be required at up to 8
intersections. If more or fewer study intersections or if different or additional requirements are identified,
adjustments to the scope and fee will be made accordingly.
Project Assumptions
Project trip generation estimates will be based on the Institute of Transportation Engineers (ITE) Trip
Generation Manual (10th Edition) for those land use categories included in the Manual. Kimley-Horn will
work with City staff to determine the preferred approach to estimating the trip generation for land uses
not included in the Manual, specifically, the Boat Showrooms. Options include referencing prior traffic
studies for similar uses, internet research, or conducting driveway counts at an existing comparable
business.
A-8 Scope of Work
13-25
Newport Village Mixed -Use Development
Preliminary trip estimates indicate that, before any adjustments for existing uses, pass -by, or internal
capture, the proposed Newport Village uses would generate approximately 2,700 daily trips, with 165
AM peak hour and 270 PM peak hour trips.
As appropriate, the trips associated with the existing, active uses to be removed will be determined
through drive -way counts and will be deducted from the proposed Project trip generation, to determine
the Project's future net new trip generation. Pass -by and internal capture adjustments will also be applied,
as appropriate, and in accordance with discussions with City staff.
Kimley-Horn will develop trip distribution and assignment assumptions for the Project traffic based on
likely origins and destinations of Project residents, employees, patrons, and visitors. The trip assignment
assumptions will also account for changes to existing trip patterns that would be associated with existing
uses to be removed and the integration of the proposed development. All Project trip generation and trip
distribution assumptions will be provided to the City for review and concurrence prior to proceeding with
the TIA.
The TIA will evaluate the following scenarios:
• Existing Conditions
• Existing Plus Project
• TPO Analysis
o One Year after Project Opening without Project: Existing + Growth + Approved Projects
o One Year after Project Opening: Existing + Growth + Approved Projects + Project
• Cumulative Analysis
o One Year after Project Opening without Project: Existing + Growth + Cumulative
Projects (Approved and Pending Projects)
o One Year after Project Opening with Project: Existing + Growth + Cumulative Projects +
Project
Because the proposed Project is consistent with General Plan land use designations, the evaluation of
General Plan buildout without and with the proposed Project is not assumed.
Analysis Methodologies
Kimley-Horn will analyze Newport Beach and Costa Mesa intersection operations using the Intersection
Capacity Utilization (ICU) methodology, consistent with TPO requirements. Caltrans facilities will also
be evaluated using the Highway Capacity Manual (HCM) delay methodology, as required by the Caltrans
Guide for the Preparation of Traffic Impact Studies. The TIA will address any potential Project impacts
to Congestion Management Program (CMP) intersections consistent with the County's CMP Traffic
Impact Analysis Requirements. Additionally, Kimley-Horn will prepare a Vehicle Miles Travelled (VMT)
analysis.
Intersection Evaluation. Kimley-Horn will obtain information regarding any committed roadway or
intersection improvements planned to be completed within one year of the Project opening. They will
develop peak hour turning movement forecasts for one year after the Project opening for the study
intersections.
Traffic Phasing Ordinance Evaluation. Kimley-Horn will obtain from the City information regarding the
TPO Approved Projects, including Project trip generation and distribution from approved traffic studies.
For Approved Projects for which an approved study is not available, Kimley-Horn will develop trip
generation and trip distribution assumptions. The TPO 1 percent analysis will be prepared to first
A-9 Scope of Work
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Newport Village Mixed -Use Development
determine whether the proposed Project's trips would increase traffic volumes for any leg of a Primary
Intersection by one percent or more during either the AM or PM peak hour. For each intersection where
the Project traffic would exceed the 1 percent threshold, a Level of Service analysis will be prepared.
Cumulative Conditions Evaluation. Kimley-Horn will obtain a list of Cumulative Projects, which will
include Approved and Pending Project, from the City of Newport Beach and surrounding cities.
Cumulative Conditions will include ambient traffic growth and anticipated traffic from cumulative
projects in Newport Beach and surrounding cities. For each project, Kimley-Horn will utilize approved
traffic studies, where available, and will develop trip generation and trip distribution and assignment
assumptions for projects where approved traffic studies are not available. Cumulative project traffic
volumes at the traffic study area intersections will be identified.
If needed, measures will be presented to mitigate the Project impacts at the study locations. The resulting
Level of Service with implementation of proposed mitigation will be presented. Where mitigation is
required, a conceptual drawing of the recommended improvement will be provided. This Scope of
Services assumes mitigation concept plans (non -engineered plans) will be prepared for up to three study
intersections; this includes preliminary cost estimates and Project contribution percentages for each of the
mitigated intersections.
In addition to Project buildout conditions, Kimley-Horn will provide a discussion of construction phase
traffic issues, including debris haul and construction material truck movements, likely haul routes,
construction crew parking, hours of construction, and the requirement for the preparation of a
Construction Area Traffic Management Plan. The evaluation of construction traffic will be conducted for
each phase of Project construction (anticipated to be three phases). The number of truck trips may be
limited by the City during the summer to avoid conflicts with beach and tourist traffic.
Vehicle Miles Travelled
New CEQA requirements, as set forth by Senate Bill 743 (SB 743), change how traffic impacts are
evaluated for CEQA purposes. The new rules supersede the Level of Service (LOS) criteria for measuring
traffic impacts, replacing them with vehicles miles travelled (VMT) metrics. The updated CEQA
Guidelines, which require the use of VMT, went into effect on January 1, 2019 and public agencies are
required to adopt significance standards and implement VMT guidelines by July 1, 2020.
Newport Beach is in the process of developing City standards to comply with VMT requirements. It is
noted that cities may opt to include both the VMT analysis, to comply with CEQA requirements as well
as Level of Service (LOS) analysis, to determine the traffic improvements needed to accommodate the
Project traffic. Kimley-Hom assumes that the current LOS analysis requirements still in effect in the City,
including the TPO, will continue to be required for this Project. As such, the typical LOS procedures for
intersection analysis outlined above will be used to evaluate Project impacts. Kimley-Hom will also
provide examples of VMT analyses that they have applied to other projects in other municipalities and
will work with the City to use these examples, as well as State Office of Planning and Research (OPR)
guidance to evaluate the proposed Project based on VMT requirements.
Access and Parking
In addition to traffic study area intersections, the TIA will evaluate the proposed access provisions for the
Project on West Coast Highway, which is a Caltrans facility. The site currently has three driveways on the
north side of West Coast Highway and four driveways on the south side. Full turning movements are
allowed in and out of each driveway, facilitated by a striped median with a two-way left -turn lane on
West Coast Highway. The conceptual site plan provided as part of the RFP reflects one driveway with a
right -turn pocket for the north parcel uses. For the south parcel, the plan shows two full -movement
driveways, and one inbound -only and one exit -only driveway. Analysis of the project site entries will
include the effects of any programmed improvements on West Coast Highway as part of the PCH
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Corridor Study. On-site circulation and queuing and traffic queues at any gated entrances, if proposed,
will be analyzed. A signal warrant analysis will be conducted for each driveway.
Based on the Project plans, parking will consist of a combination of surface and garage parking on both
the north and south parcels. Open parking will be provided as both surface parking and in a portion of the
garages. Other garage parking will be designated as residential and as office parking. Kimley-Horn will
review the City's parking requirements for the site uses, and evaluate the number, location, and layout of
the open and designated parking supplies. Vehicular circulation through the on-site drive aisles and
parking areas will be evaluated.
Additionally, Kimley-Horn will evaluate the Project's potential impact on public parking. On -street
parking is currently allowed on both sides of West Coast Highway along the Project frontage, some
specifically indicated with pavement markings (parking T's) and some unmarked. With the existing
driveway locations and red curb marking, there is capacity for approximately 12 parked cars on the north
side of West Coast Highway and 13 parked cars on the south side. Maintenance of public parking, even in
the form of on -street parking, is important in upholding the Coastal Act's goals of maintaining public
access to the coast. Kimley-Horn will identify and evaluate the before -and -after on -street public parking
supply along the Project frontage.
Subtask 2.1.6 Deliverables
• One (1) hard copy and one electronic copy (CD or email) of the Draft and TIA
Subtask 2.2 Peer Review of Existing Technical Studies
As indicated in the City's RFP, a number of technical studies (i.e., Archaeological and Paleontological
Reports; Coastal Hazards and Sea Level Rise Report; Phase 1 and 2 Environmental Site Assessments;
Geotechnical Engineering Feasibility Study; Dry Utilities Reports; Marine Biological Resources
Assessment; Sewer and Water Demand Report; Storm Drain Capacity Analysis; Traffic Signal Warrant
Analysis; Hydrology Report; Visual Simulations; and a Water Quality Management Plan [WQMP]) have
been prepared by the Applicant for use in the environmental analysis in the EIR. Psomas will conduct a
peer review of these studies for adequacy and compliance with CEQA requirements. If any of the studies
is deemed inadequate, a recommendation for additional analysis will be provided.
TASK 3 NOTICE OF PREPARATION AND SCOPING MEETING
Subtask 3.1 Draft and Final Notice of Preparation
It has been determined that an Initial Study will not be prepared for the proposed Project. Psomas will
prepare a Draft Notice of Preparation (NOP) for review by the City. The NOP will provide an overview
of the Project; Project objectives; alternatives to be evaluated; and expected permits required for Project
implementation. The NOP will also serve as a Scoping Meeting Notice.
Psomas will submit one (1) electronic copy of the Draft NOP to the City for review. Upon receipt of
comments from the City, Psomas will revise the NOP and prepare a Final NOP for the City's approval
prior to public review. Psomas will provide up to 24 hard copies and 30 electronic copies (CDs) of the
Final NOP and will be responsible for coordinating the reproduction and distribution of the NOP based on
a distribution list prepared by the City with input from Psomas. Psomas will file the NOP in addition to a
Notice of Completion (NOC) with the Orange County Clerk -Recorder, the State Clearinghouse (SCH),
and other responsible and trustee agencies, and will distribute the NOP via certified mail to agencies and
the general public with signed receipt as a proof of delivery, in compliance with the State CEQA
Guidelines. For noticing, please see Task 6.
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Subtask 3.1 Deliverables
• One (1) electronic copy (CD or email) of Draft and Final NOP
• Distribution of up to 24 hard copies and 30 electronic copies (CDs) of the NOP
Subtask 3.2 Scoping Meeting
Psomas will prepare for and attend one (1) EIR Scoping Meeting. It is assumed that the City will
coordinate and organize the Scoping Meeting at a venue selected by the City. Psomas will attend and
participate in the meeting, as appropriate. If requested by the City, Psomas will describe the
environmental process to be followed in preparing the EIR for the proposed Project. Comments and
issues to be addressed in the EIR will be requested from meeting attendees. This SOW assumes that
Psomas will prepare Scoping Meeting materials (i.e., handouts, sign -in sheets, comment cards/sheets).
However, it is assumed that display boards showing Project features and details will be provided by the
Applicant. If requested by the City, Psomas can prepare a PowerPoint presentation for the Scoping
Meeting. Psomas will prepare a summary of the meeting for inclusion in the EIR and will ensure that the
issues raised at the meeting are addressed in the Draft EIR document, as appropriate. However, a
standalone scoping report is not assumed to be required.
Subtask 3.2 Deliverables
• Scoping Meeting Attendance
• Scoping Meeting Materials (i.e., handouts, sign -in sheets, comment cards from meeting
attendees)
• PowerPoint presentation (if requested by City)
TASK 4 DRAFT ENVIRONMENTAL IMPACT REPORT
Subtask 4.1 Administrative Draft Environmental Impact Report I (Draft 1)
Psomas will prepare the Administrative Draft EIR I in accordance with CEQA, the State CEQA
Guidelines, and pertinent case law. The analysis will be based upon the NOP responses received;
community and agency input received at the Scoping Meeting; technical evaluation of the proposed
Project; and available and pertinent data. The analysis assumes the Project will comply with all applicable
federal and State laws and regulations and the City of Newport Beach Municipal Code. The EIR text will
be supplemented by exhibits and graphics to enhance and support the analysis and findings. Upon
completion of the Administrative Draft EIR I, two (2) hard copies with electronic copies (CD, email, or
other electronic media) of the appendices will be submitted to the City for review and comment. Psomas'
approach to preparing key sections of the EIR is provided below. It should be noted that the following key
sections will be organized per the final EIR outline with input from the City, as described in Task 1.3.
This SOW assumes two (2) rounds of review of the Administrative Draft EIR (I and II).
Executive Summary
Psomas will prepare the executive summary section upon completion of all other EIR sections in order to
present the final and updated information. This section will summarize the Project Description, impacts,
and mitigation measures. The summary will also discuss the location, areas of controversy and issues to
be resolved, and Project alternatives.
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Introduction
This section will include a description of the purpose of the EIR, public scoping and circulation, and
required contents of the EIR.
Project Description
Psomas will work closely with the City and Project Team members to prepare an in-depth description that
articulates the characteristics and overall objectives of the Project (see Task 1.3). The Project Description
will include, but not be limited to, the Project History; intended uses of the EIR/Project approvals; EIR
focus and effects found not to be significant; Project location; Project characteristics; and Project goals
and objectives.
Environmental Analysis
Each topical EIR section will contain a discussion of the existing conditions on the site and in the Project
vicinity; a summary of the regulatory framework; identification of significant environmental effects
anticipated for each environmental issue; and mitigation measures, if required. Thresholds of significance
will be stated in each technical section to enable the reader to understand the analytical process used to
identify potential Project impacts and, unless otherwise directed by the City, will be taken from the State
CEQA Guidelines. For each topical issue, the EIR will identify the level of significance prior to and after
mitigation, based on the established thresholds.
Establishing a nexus among the Project -specific and cumulative impacts and the suggested mitigation
measure(s) is critical. Psomas will differentiate among features of the Project (Project Design Features
[PDFs]) that serve to partially or completely mitigate potential impacts; regulatory requirements (RRs,
e.g., City of Newport Beach requirements, building, and energy codes); and "conventional" EIR
mitigation measures (MMs). PDFs will be identified in the Project Description and then described in the
impact discussion for each topical section to specify how the design feature could "prevent or lessen" a
significant environmental impact. These PDFs, RRs, and MMs require monitoring to ensure that they are
implemented. Measures in each topical section will be grouped according to impact category and will
include measures for direct and indirect impacts. Project effects that cannot be mitigated to a level
considered less than significant will be identified.
The topical issues that are expected to be evaluated in the respective EIR sections and the scopes of the
analysis are identified below.
Aesthetics
This topic will be evaluated in the Project EIR due to proposed changes to the visual character of the
project vicinity, even though the uses are consistent with the General Plan and Zoning designations. The
proposed Project EIR will assess the potential visual changes in comparison with the existing views of the
site and surrounding viewshed, and in light of the proposed residential building heights compared to the
existing conditions. The proposed structures will have increased heights compared to the existing structures
and will be over the current zoning limits of 26/31 -foot maximum height. The analysis will include an
assessment of the anticipated effects on public viewsheds and the potential degradation of the visual
character associated with the proposed Project. The visual simulations; and photographs of the site, will
be incorporated into the discussion and analysis in the Aesthetics section. Additionally, potential impacts
emanating from the changed light and glare associated with the proposed Project will be analyzed using
the Lighting Report prepared by the Applicant's subconsultant, Francis Krahe & Associates. The Lighting
Report evaluates exterior lighting impacts based on light trespass (light that falls on a property but
originates on an adjacent property) and glare (when luminance is too high or range of brightness in a
visual field is too large). If potential significant impacts are identified, Psomas will recommend mitigation
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measures to address those impacts. Additionally, if requested by the City, Psomas can prepare a shade and
shadow study on a time -and -material basis.
Agricultural and Forestry Resources
The proposed Project site is designated as Urban and Built-up Land on the California Department of
Conservation's Important Farmland Mapping and Monitoring Program (FMMP). The site is developed
and not used or zoned for agricultural purposes; it is not subject to a Williamson Act Contract; and it does
not contain Prime Farmland or Farmland of Statewide Importance. Additionally, no forest land occurs on
the Project site or in the surrounding area. This topic will be discussed up front in the EIR and focused out
of the EIR as a stand-alone topical section.
Air Quality
The Air Quality Technical Study (see Task 2.1.1) will be summarized into the Air Quality EIR Section
and the Technical Study will be included as an appendix to the EIR.
Biological Resources
The proposed Project site is within a highly developed area of the City. The only vegetation on the site
consists of ornamental vegetation/plants, and the site does not appear to support habitat for special status
biological resources. It is anticipated that a Marine Biological Resources Assessment will be prepared by
the Applicant's subconsultant and provided to Psomas. The Assessment will be reviewed by Psomas'
senior biologist and summarized in the Biological Resources section of the EIR.
The SOW does not include focused surveys for special status plant and wildlife species, a jurisdictional
delineation, or any other resource related field survey or assessment.
Cultural Resources
The results of the Archaeological Resources Study, to be prepared by the Applicant's subconsultant, will
be compiled and summarized in the cultural resources section of the EIR. The section will include
standard resources information and associated regulations, a discussion of the Project's cultural context,
and the results of the assessment. If potential significant impacts to resources are identified, Psomas will
recommend mitigation measures, as appropriate, to address those impacts. The Cultural Resources Report
will be included as an appendix to the EIR.
Additionally, the results of the Historic Resources Technical Study, prepared by Psomas' subconsultant
PaleoWest, will be compiled and summarized in the cultural resources section of the EIR. The section
will include standard resources information and associated regulations, a discussion of the Project's
historical context, and the results of the assessment. If potential significant impacts to resources are
identified, Psomas will recommend mitigation measures, as appropriate, to address those impacts. The
Historic Resources Report will be included as an appendix to the EIR.
The results of the Paleontological Resources Study will be compiled and summarized in the geologic
section of the EIR. The section will include standard resources information and associated regulations, a
discussion of the Project's paleontological context, and the results of the assessment. If potential
significant impacts to resources are identified, Psomas will recommend mitigation measures, as
appropriate, to address those impacts. The Paleontological Report will be included as an appendix to the
EIR.
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Energy
Based on the approach described (see Task 2.1.2), the Psomas Air Quality, Greenhouse Gas, and Noise
Manager will conduct an Energy Technical Analysis for inclusion in the Energy section of the EIR. If
potential significant impacts are identified, Psomas will recommend appropriate mitigation measures, as
appropriate, to address those impacts. These mitigation measures, if needed, will be discussed relative to
any measures needed to reduce any significant energy impacts.
Geology and Soils
Based on the City's RFP, a Geotechnical Engineering Feasibility Study will be prepared by the
Applicant's subconsultant (Leighton and Associates, Inc.) and will be reviewed by Psomas. It is assumed
that the study has been prepared consistent with CEQA requirements and adequately addresses concerns
and comments that may be raised during the NOP process. The pertinent findings of the Geotechnical
Report, which include preliminary recommendations for earthwork, temporary excavation support,
excavation dewatering structural buttressing, in-situ groundwater improvements and other foundational
and seismic recommendations, will be incorporated into the. Geology and Soils EIR section and the report
will be included as an appendix in the EIR.
In addition, a Preliminary Dewatering Plan has been prepared by the Applicant's subconsultant (Vertical
Earthworks) and will be reviewed by Psomas. It is noted that Preliminary Dewatering Plan is based solely
on previous dewatering exposure in the City of Newport Beach and not on project site specific
information (i.e. a soils report or onsite well testing) and therefore, will only be used for general
information in the Geology and Soils EIR section and not for construction purposes.
Greenhouse Gas Emissions
The Greenhouse Gas Emissions Technical Study (see Task 2.1.3) will be summarized in the Greenhouse
Gas Emissions Section of the EIR with the Technical Study included as an appendix to the EIR.
Hazards and Hazardous Materials
Psomas understands that a Phase I and Phase II ESA will be provided by the Applicant. The reports will
be reviewed by Psomas and summarized in the Hazards and Hazardous Materials EIR section, and the
Technical Reports will be included as appendices to the EIR.
Hydrology and Water Ouality
Psomas understands the Applicant will be providing the following technical reports prepared by the
referenced subconsultants:
• A Hydrology Report and a WQMP prepared by Fuscoe Engineering; and
• A Coastal Hazard and Sea Level Rise Report prepared by GeoSoils, Inc.
Psomas will review the reports for CEQA adequacy, summarize into the EIR, and include them as
appendices to the EIR. The analysis in the EIR will address pre- and post -development conditions;
available capacity of existing infrastructure; potential impacts related to storm drainage and changes to
the groundwater supplies; and Coastal Hazard and Sea Level Rise report, including shoreline
movement/erosion, waves and wave runup, and flooding. Based on the Coastal Hazard and Sea Level
Rise Report, the Project site is primarily within Flood Zone X, as designated on the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (FIRM) with no base flood elevation. However,
a small portion of the south parcel is in within Zone X with a one percent annual chance of flooding is
less than 1 -foot. The analysis associated with water quality, will identify tributaries, impaired waters, and
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pollutants of concern. It will also identify whether the total maximum daily load standards have been
established; storm water rate and volume that dictates the Best Management Practices (BMPs) proposed
and sizing; and the potential for hydrologic conditions of concern. This data will be incorporated into the
EIR, and the said reports will be included as appendices to the EIR. If potential significant impacts are
identified, Psomas will work with the Project engineer to recommend mitigation measures to address
those impacts.
Land Use and Plannins
Psomas will describe the existing on-site and surrounding land uses based on a site visit (Task 1.2);
review of the relevant documents; and information provided in existing land use policies, plans, and
documents. The Project does not require amendment to the General Plan or Zoning Code, as the proposed
Project is consistent with existing designations within the Mariners' Mile Area. Psomas will evaluate the
proposed Project's consistency with relevant local and regional planning documents/policies, including
the City of Newport Beach General Plan policies; the Local Coastal Program land use policies; Southern
California Association of Governments' (SCAG's) regional planning policies; and other relevant policy
documents. If potential significant impacts are identified, Psomas will recommend mitigation measures,
as appropriate, to address impacts.
Mineral Resources
The Project site is within a highly developed area. According to the General Plan, the proposed Project
site does not contain any mineral resources, and no mineral resources extraction activities occur on the
Project site. This topic will be discussed up front in the EIR and focused out of the EIR as a stand-alone
topical section.
Noise
The Noise Technical Report (see Task 2.1.5) will be summarized in the Noise Section of the EIR with the
Technical Report included as an appendix to the EIR.
Population and Housing
The proposed Project will include 122 du, which would result in a population increase in the City of
Newport Beach. However, the growth as a result of the Project is included in the projection for residential
units planned for the Mariners' Mile Area.
Psomas will evaluate the direct and indirect potential impacts the proposed Project could have on
population, housing, and employment forecasts, using the latest demographic data available for the
Project area. These would include the Orange County Preferred (OCP) 2018 Projections, the U.S. Census,
the California Department of Finance (DOF) documents, SCAG documents, the General Plan, and other
relevant documents. Psomas will additionally evaluate the jobs/housing ratios in light of the Project's
projected growth. If potential impacts are identified, Psomas will recommend mitigation measures, as
appropriate, to address those impacts.
Public Services
Implementation of the proposed Project would generate additional population and, therefore, the Project
has the potential to increase the demand for public services (fire, police, schools, and libraries). However,
the growth as a result of the Project is included in the public projections for the Mariners' Mile Area.
Potential effects associated with implementation of the proposed Project are related to the provision of
adequate service levels and the need to upgrade and/or provide additional facilities to serve the proposed
Project. Psomas will coordinate with service providers to identify existing public service facilities and to
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determine whether the proposed Project can be adequately serviced without any increase in personnel or
expansion of existing resources (including facilities). If potential impacts are identified, Psomas will
recommend mitigation measures, as appropriate, to address those impacts.
Recreation
Implementation of the proposed Project would generate additional population and, therefore, the Project
has the potential to increase the demand for recreational facilities and services. However, the growth as a
result of the Project is included in the projection planned for the Mariners' Mile Area. Psomas will
generate a list of recreational facilities, including parklands, near the Project site. The EIR will evaluate
potential impacts related to increased population and demand on recreational facilities in light of the
Project's public open space, pedestrian connections, and outdoor amenities. If potential significant
impacts are identified, Psomas will recommend mitigation measures to address those impacts.
Transportation
The Traffic Impact Assessment (see Task 2.1.6) will be summarized in the Transportation Section of the
EIR with the Traffic Impact Analysis (TIA) included as an appendix to the EIR.
Tribal Cultural Resources
Assembly Bill (AB) 52 requires lead agencies to consult with California Native American Tribes that
request such consultation prior to the agency's release of an NOP of an EIR or notice of a Mitigated
Negative Declaration (MND) or Negative Declaration (ND). Therefore, with the preparation of an EIR,
the Project is subject to AB 52. Psomas assumes the Applicant's subconsultant will send the Project
notification letter to the tribes, mail out the letters to the tribes on the contact list from the California
Native Heritage Commission (NAHC), and work in concert with the City to consult with the Tribes.
However, if the City requests, Psomas can assist the City with AB 52 consultation. Psomas will
summarize the results of the AB 52 process in the Tribal and Cultural Resources section of the EIR.
Utilities and Service Systems
Implementation of the proposed Project would generate additional population and, therefore, the Project
has the potential to increase the demand for utility services. However, the growth as a result of the Project
is included in the published population projections for the Mariners' Mile Area. Psomas will review the
Sewer Analysis Report and a Water Demand Report prepared by the Applicant's subconsultant, Fuscoe
Engineering, and the Dry Utilities Report for analysis of the Project's increased demand for utility
services. Upon review by Psomas, the findings will be summarized into the EIR, and the reports will be
included as appendices in the EIR. The preparation of a Water Supply Assessment (WSA) for the
proposed Project is not required, as the Project is below the threshold of 500 du for residential and
500,000 SF for shopping center (commercial/retail). Based on the information provided, the proposed
Project EIR would provide a site-specific analysis of the Project's construction and operational impacts
on water supply, sewers, and storm drains, and compare them to the demand from the existing on-site
uses. If additional information is needed, Psomas will coordinate with applicable wet and dry utility
providers to obtain the necessary information regarding existing capacity, supply, and future demand
from and related potential infrastructure upgrades to serve the proposed Project. If potential significant
impacts are identified, Psomas will recommend mitigation measures, as appropriate, to address those
impacts.
Wildfire
Based on the California Department of Forestry and Fire Prevention (CalFire) Fire Hazard Severity Zone
Map for Newport Beach, the site and the surrounding areas are not located in designated Very High Fire
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Hazard Severity Zones (VHFHSZ). Rather, the site is within a Non-VHFHSZ area, with the nearest
VHFHSZ located approximately 4.4 miles south of the site. Based on this information, Psomas will
provide a substantiation in the wildfire section of the EIR identifying that the Project site is not located in
or near a State responsibility area or lands classified as VHFHSZ and does not result in potential impacts
related to wildfire.
ALTERNATIVES
Psomas will provide an assessment of alternatives to the proposed Project. These alternatives will be
based on the requirements of CEQA and discussions with City staff and the Project Team. Based on the
City's RFP, this SOW assumes a minimum of two (i.e., No Project/No Construction and Reduced
Intensity/Reduced Height) alternatives. As required by CEQA, the EIR alternatives will be designed to
reduce or eliminate, where possible, the impacts identified for the proposed Project. The alternatives will
be discussed and further developed/defined through collaboration with City staff and the Project Team.
Each alternative will be qualitatively assessed in comparison to the proposed Project; quantitative analysis
will be provided, if necessary, to adequately compare the impacts of the Alternative and the Project (e.g.,
trip generation).
CUMULATIVE IMPACTS
In addition to the analysis of potential short-term and long-term Project -specific impacts and the analysis
of direct and indirect impacts, Psomas will conduct a cumulative impact analysis based on the provisions
of Section 15130(b)(1) of the State CEQA Guidelines. Psomas will work closely with City staff and
Project Team members to ensure that appropriate Projects are evaluated. At a minimum, Psomas will
contact the adjacent jurisdictions (City of Irvine, City of Huntington Beach, City of Costa Mesa, and
County of Orange) to obtain a listing of potential cumulative projects for inclusion in the cumulative
analysis. Psomas will also coordinate with the traffic subconsultant to ensure consistency in the
cumulative assumptions. The evaluation method for cumulative Projects will vary depending on the
technical issue to be addressed. For example, the cumulative analysis for transportation and circulation
will be based on projected regional growth in addition to a list of past, present, and probable future
Projects to be prepared as part of the traffic study. This list will also be used to identify any projects in the
immediate vicinity of the Project site that should be considered for cumulative impacts that are related to
proximity (e.g., aesthetics). For other topics, cumulative analyses will be based on a summary of factors
contained in the regional growth projections, the adopted General Plan, and the General Plan EIR. The
cumulative study area will be identified for each topical issue.
OTHER REQUIRED CALIFORNIA ENVIRONMENTAL QUALITY ACT TOPICS
The following CEQA-required sections will be prepared as a part of the EIR:
• Long-term impacts;
• Significant irreversible environmental changes;
• Significant unavoidable adverse impacts;
• Growth -inducing impacts; references; and
• Preparers and contributors, agencies, and persons consulted.
Technical studies/reports will be included as appendices to the EIR. The Administrative Draft EIR I will
be submitted electronically to the City for review and comment.
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Subtask 4.1 Deliverables
• Two (2) hard copies of Administrative Draft EIR I with electronic copies (CDs or email) of the
technical appendices
Subtask 4.2 Administrative Draft Environmental Impact Report II (Draft 2)
Psomas will review the comments received from the City on the Administrative Draft EIR I and will
disseminate the comments to respective team members for response and revision, as necessary. Psomas
will work with the City should there be any conflicting comments/direction and for ensuring that these
issues are resolved.
Psomas will revise the document and submit two (2) hard copies of the Administrative Draft EIR II with
electronic copies (CD, email, or other electronic media) of the technical appendices to the City for
approval prior to preparation of the Pre -Print Draft EIR.
Subtask 4.2 Deliverables
• Two (2) hard copies of Administrative Draft EIR II and electronic copies (CDs or email) of the
technical appendices
Subtask 4.3 Pre -Print Draft Environmental Impact Report and Draft Environmental Impact
Report for Public Review (Draft 3 - Pre -Print and Public Comment Drafts)
Upon receipt of comments on the Administrative Draft EIR II, Psomas will review the EIR document,
revise as necessary, and submit one (1) hard copy of the Pre -Print Draft EIR with electronic copies (CDs
or email) of technical appendices to the City for a final check. Upon approval of the Pre -Print Draft EIR,
Psomas will prepare the Draft EIR for distribution. Psomas will be responsible for producing and
distributing the Draft EIR for a 45 -day public review period. Up to 24 hard copies of the Draft EIR and
electronic copies (CDs or email) of the technical appendices will be submitted to the City. Additionally,
one (1) copy of the Draft EIR and technical appendices in an HTML, or other acceptable web -friendly
format, will be provided to the City to be placed on the City's web site. This task will include breaking
the document into smaller, easily downloadable portions, as appropriate. One (1) hard copy of the draft
and final technical appendices, in addition to the electronic copies of each, will be provided.
It is assumed the City will prepare a distribution list of all agencies, interested parties, and members of the
public, with input from Psomas. Psomas anticipates 30 CD copies of the document will be required to
provide the necessary copies for distribution to the public. Psomas will submit 15 CDs of the Draft EIR
and 15 hard copies of the Executive Summary or SCH electronic submittal form to the SCH with a Notice
of Completion (NOC) and Notice of Availability (NOA). For noticing, please see Task 6.
Subtask 4.3 Deliverables
• One (1) electronic (CD or email) copy of the Pre -Print Draft EIR with
technical appendices
• 24 hard copies of the Draft EIR and electronic copies (CDs or email) of the technical appendices
• 30 CDs of the Draft EIR, including technical appendices, for public distribution
• One (1) electronic copy (CD or email) of the Draft EIR and technical appendices in HTML or
other web -friendly format
• 15 CDs, 15 hard copies of the Executive Summary or the SCH electronic submittal form, NOC,
and NOC to the SCH (required submittal)
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TASK 5 FINAL ENVIRONMENTAL IMPACT REPORT AND RELATED DOCUMENTS
Subtask 5.1 Draft Responses to Comments/Errata
Following the 45 -day mandatory public review period, Psomas will review comments received on the
Draft EIR provided to the City from the SCH and other parties. Based on the comments received, Psomas
will organize the comments so the Responses to Comments (RTC) effort can be performed in a timely
and cost-efficient manner. Following review of the comments received, Psomas will coordinate with the
City on the approach to preparing the responses. It is assumed if comments are received on analysis based
on Applicant -prepared technical studies, those subconsultants will be available to provide RTC and any
necessary revisions to the technical studies. Psomas will be responsible for assigning responsibilities to
Project Team members for responding to comments; for ensuring that the responses are received; and for
incorporating all input from the Project Team into the RTC document.
Psomas, with assistance from the Project Team members, will prepare written responses to comments that
raise significant environmental issues. The revisions that result from the comments on the Draft EIR will
be identified in a Revisions and Clarifications Section of the RTC document (Errata). The new and
modified text will be underlined, and the deleted text will be stricken -out. Up to 24 hard copies and 30
electronic copies of the Draft RTC and the revisions to the Draft EIR will be provided to the City for
review. This SOW assumes that Psomas will spend approximately 100 hours of staff time on this task. If
it appears that additional effort will be necessary or if late comment letters are received that raise
significant environmental issues, Psomas will notify the City and a budget augment may be required.
Subtask 5.1 Deliverables
• 24 hard copies and 30 electronic copies (CDs) of Draft RTC/Errata
Subtask 5.2 Final Responses to Comments/Errata and Final Environmental
Impact Report
Upon receipt of comments from the City, Psomas will revise the Draft RTC document and compile the
Final RTC/Errata and Final EIR; coordinate with the Project team regarding revisions that are needed;
and provide up to 24 hard copies and 30 electronic copies of the Final EIR. The Final EIR, including the
Draft EIR, the RTC/Errata, the Mitigation Monitoring and Reporting Program (MMRP), and technical
appendices, will also be submitted to the City electronically (CD, email, or other suitable media).
Psomas will mail responses to public agency comments at least 10 days before consideration of
certification of the Final EIR, as required by CEQA.
Subtask 5.2 Deliverables
• 24 hard copies and 30 electronic (CDs) of the Final RTC/Errata and Final EIR and one (1)
electronic (CD or other electronic media) of the appendices
• One (1) copy of the Final Product, including Notices, Draft EIR, Final EIR, and Findings of Facts
in Microsoft Word (current version, properly formatted) and technical appendices in an electronic
format (delivered on CD or other suitable media due to size)
Subtask 5.3 Mitigation Monitoring and Reporting Program
In compliance with Section 21081.6 of the California Public Resources Code, Psomas will prepare an
MMRP as part of the Final EIR document and for adoption at the time of the Final EIR. The MMRP will
be prepared in matrix format and will provide the timing and responsibility for each mitigation measure.
It is assumed that one (1) draft and one (1) final version of the document will be submitted to the City.
A-20
Scope of Work
13-37
Newport Village Mixed -Use Development
If the Planning Commission or City Council modifies the Project and/or recommended conditions of
approval/mitigation measures for the proposed Project, Psomas will revise the MMRP. However,
substantial modifications are not assumed in the fees for this Project.
Subtask 5.3 Deliverables
• One (1) draft MMRP (CD or email)
• One (1) final MMRP (CD or email)
Subtask 5.4 Findings of Fact and Statement of Overriding Considerations
As part of the Final EIR, Psomas will prepare the Findings of Fact and Statement of Overriding
Considerations, if applicable, for the Project pursuant to Sections 21081 and 21081.6 of the California
Public Resources Code and Sections 15091 and 15093 of the State CEQA Guidelines. It is assumed that
one (1) draft and one (1) final version of the document will be submitted to the City.
Subtask 5.4 Deliverables
• One (1) draft Findings and Statement of Overriding Considerations (CD or email)
• One (1) final Findings of Fact and Statement of Overriding Considerations
(CD or email)
TASK 6 NOTICES
Psomas will prepare a Notice of Availability (NOA) of the NOP to be published in a local newspaper by
the City in addition to a NOC of the NOP to be submitted to the SCH.
Additionally, for the Draft EIR, Psomas will prepare an NOA of the Draft EIR to be published in a local
newspaper by the City in addition to a NOC of the Draft EIR for submittal to the SCH. The NOA will be
distributed to those property owners within 300 -feet of the Project site by Psomas. It is assumed that the
City or Applicant will provide a mailing list reflecting the current tax roll. The desire to include all
leaseholders on the notification will be discussed. A maximum of 500 notices are assumed as part of this
SOW. The City will be responsible for distribution of the NOA and Draft EIR to the public library
system, agencies, interested individuals, and posting at the Project site.
Furthermore, Psomas will prepare the Notice of Determination (NOD) for the Project, which will be
signed by the City upon certification of the EIR and action on the Project. Psomas will file the NOD with
the County Clerk and the SCH. Per the RFP, the cost for this SOW includes the California Department of
Fish and Wildlife filing fees and County Clerk Recorder processing fee (these fees are included in the
Reimbursable portion of the cost spreadsheet).
Task 6 Deliverables
• Electronic copies of the draft and final NOC and NOA for the NOP
• Electronic copies of the draft and final NOC and NOA for the Draft EIR
• Electronic copies of the draft and final NOD
• One (1) electronic copy of the final NOD (stamped by the County Clerk)
• Additionally, the Final Product (i.e., Notices, Draft EIR, Final EIR, and Findings of Fact in Word
and appendices) will be transmitted to the City on CD or other suitable media due to size.
A-21
Scope of Work
13-38
Newport Village Mixed -Use Development
TASK 7 PROJECT MANAGEMENT, MEETINGS, AND PUBLIC HEARINGS
Subtask 7.1 Proiect Management
Psomas will be responsible for managing the CEQA process for the City. This includes ongoing
coordination with the City and team members to ensure compliance with the SOW and schedule and to
ensure that information is disseminated, as necessary. This SOW assumes approximately a 14 -month
schedule, not including the approval process (public hearings).
Subtask 7.2 Proiect Meetings
This task includes attendance at a total of six (6) coordination meetings with City staff and Project Team
members, as necessary (in addition to the Project Kick -Off Meeting discussed in Task 1 and Scoping
Meeting discussed in Task 3.2). This SOW assumes that the Primary Representative and Alternate
Representative will attend all meetings (three hours each, which includes preparation and travel time). It
should be noted that Kimley-Horn will attend three Project coordination meetings in addition to the
Project Kick -Off Meeting.
Additional meeting attendance will be billed on a time and materials basis, based on hourly rates and
subject to prior approval.
Kimley-Horn, Psomas' traffic subconsultant, will attend three (3) coordination meetings with City staff
and Project Team members, as necessary (in addition to the Project Kick -Off Meeting discussed in
Task 1).
Subtask 7.2 Deliverables
• Six (6) meetings with City staff members and the Project Team (Psomas)
• Three (3) meetings with City staff members and the Project Team (Kimley-Horn)
Subtask 7.3 Public Meetings and Hearings
Psomas will attend one (1) Planning Commission study session, two (2) Planning Commission, and two
(2) City Council meetings. Psomas will be available to make presentations and/or provide advice and
input to the City and address questions regarding CEQA; the environmental review process; and the
findings of the EIR analyses, as appropriate. The preparation of visual aids and handouts for the public
hearings is not included in this SOW. This task assumes public hearings will be attended by the Primary
Representatives and up to two additional Psomas staff. Additional public hearing attendance will be billed
on a time and materials basis, based on hourly rates and subject to prior approval. Kimley-Horn, Psomas'
traffic subconsultant will attend five (5) public hearings.
Additional public hearing attendance will be billed on a time and materials basis, based on hourly rates
and subject to prior approval.
Subtask 7.3 Deliverables
• Five (5) public meetings --one Planning Commission study session, two Planning Commission
hearings and two City Council hearings (Psomas)
• Five (5) public meetings—one Planning Commission study session, two Planning Commission
hearings and two City Council hearings (Kimley-Horn)
A-22 Scope of Work
13-39
Newport Village Mixed -Use Development
ASSUMPTIONS
City Responsibilities
Per the RFP, the City shall provide the following:
• A primary City representative to act as a project manager;
• Copies of all relevant planning documents and land use data;
• Update of GIS mapping, if needed;
• Coordinate and schedule meetings with the City and Applicant;
• Notice Public Meetings, post meeting agendas, and meeting minutes in accordance with the
Brown Act;
• Provide staff support and oversight during the processing of the application;
• Prepare Planning Commission and City Council staff reports and schedule public hearings;
• Provide any City -desired templates or examples of formats that are to be used in the CEQA
document, including guidance on any specific thresholds of significance that should be
considered in the impact analysis;
• Information on community concerns and known issues of importance to stakeholders and/or
elected officials; and
• Coordinate with other City departments that may have information relevant to the CEQA
document, including but not limited to information about utility capacity (water, sewer, storm
drain) and City services.
Historic Resources
• It is assumed the Project area will be accessible to PaleoWest personnel for the purposes of
conducting fieldwork. If escort is required, protocols will be conveyed in advance to the field
crew prior to survey.
• For purposes of this cost estimate, it is assumed that no more than four (4) historic -period built
environment resources will require documentation and evaluation. If any additional historic -
period built environment resources are identified that require documentation and/or evaluation,
costs would increase based on the size and complexity of the resources.
• This scope assumes that PaleoWest will be required to complete the records search at the SCCIC.
• It is assumed that only direct effects will be considered in this study. Should an analysis of
indirect effects be required, costs would increase.
• This scope assumes one (1) round of comments will be addressed. Should additional rounds of
comments be necessary, costs would increase.
• It is assumed the City of Newport Beach is the CEQA lead agency and there is no federal nexus
for the proposed Project. Should the Project involvement/approval and/or funding from federal
agencies, costs may increase.
A-23
Scope of Work
13-40
EXHIBIT B
SCHEDULE OF BILLING RATES
PSOMAS Page B-1 13-41
NEWPORT VILLAGE MIXED-USE PROJECT ENVIRONMENTAL IMPACT REPORT FEE SCHEDULE
Citv of Newport Beach Planning Division
13-42
TASK 1 PROJECT INITIATION
$12,250.00
Subtask 1.1 Kick-OffMeetin
3
6
3
$2,415.00
Subtask 1.2 Data Collection and Site Visit
8
8
6
$3,380.00
Subtask 1.3 Project Description and EIR Outline
1
8
4
16
8
4
4
$6,455.00
TASK 2 TECHNICAL STUDIES
$145,740.00
2.1 Technical Studies Preparation
Subtask 2. 1.1 Air Quality
4
14 36
8
$8,330.00
Subtask 2.1.2 Energy
4 1
1
24 1
1
1 1
8
$6,320.00
Subtask 2.1.3 Greenhouse Gas Emissions
4
6 12
$3,290.00
Subtask 2.1.4 Historic Resources (PaleoWest)
$9,960.00
Subtask 2.1.5 Noise and Vibration
4
32 8
8
$8,760.00
Subtask 2.1.6 Transportation/Traffic (Kimle Horn)
14
$87,065.00
2.2 Peer Review of Existing Technical Reports/Studies
10
12 to 10 44
to
$17,400.00
Coastal Hazard and Sea Level Rise (Michael Baker)
$4,615.00
TASK 3 NOTICE OF PREPARATION AND SCOPING MEETING
$12,770.00
Subtask 3.1 Dmft and Final Notice of Preparation
2
8
8
10
2
4
2
8
$5,810.00
Subtask 3.2 Scoping Meeting
8
16
10
4
$6,960.00
TASK 4 DRAFT ENVIRONMENTAL IMPACT REPORT
$135,755.00
Subtask 4.1Administrative Draft EIR I
20
126
40
180
90
1 22
25 18 12 32
24
4
10
$88,880.00
Subtask 4.2 Administrative Draft EIR II
10
60
20
40
20
6
5 10
8
2
10
$29,915.00
Subtask 4.3 Pre -Print and Draft EIR for Public Review
4
40
10
16
20
4
4
15
$16,960.00
TASK 5 FINAL EIR AND RELATED DOCUMENTS
$30,975.00
Subtask 5.1 Draft Res ones to Comments (100 hours -Technical staff)
8
30
24
20
6
6 6 2
4
2
$17,510.00
Subtask 5.2 Final Responses to Comments/Errata/Final EIR
2
10
8
1
2
$3,895.00
Subtask 5.3 Mitigation Monitoring and Reporting Pro ram
4
6
2
$1,800.00
Subtask 5.4 Findings of Fact and Statement of Overriding Considerations
2
16
24
4
4
$7,770.00
TASK NOTICES
$1,440.00
NOC, NOA, NOP, NOD
2
8
2
$1,440.00
TASK 7 PROJECT MANAGEMENT, MEETINGS, AND PUBLIC HEARINGS
$42,550.00
Subtask 7.1 ProjectManagement
60
$12,000.00
Subtask 7.2 Project Meetings (6 meetings)
1 18 1
18
20
1 1
1
1
1
$11,190.00
Subtask 7.3 IPublic Hearings (5, including a PC Study Session)
REIMBURSABLE COSTS
1 32
1
1
1
$19,360.00
S381,480.00
S381,480.00
$8,021.00
Cultural Resources Records Searches
$750.00
CDFW Filing Fee
$3,271.00
County Clerk Filing Fee
$50.00
Reprographics
$2,000.00
Mailings/Deliveries
$1,000.00
Mileage
$350.00
Miscellaneous
$600.00
13-42
RESOURCE ALLOCATION MATRIX
City of Newport Beach Planning Division
4 I PEER REVIEW TEAM
13-43
9WPL
Name Task Description
Q
0
R
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$ 255
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m
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at5
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$ 110 $ 235
O
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$ 145
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a
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n
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w w w In In Q
$ 240,`$ 215 $ 165 $ 185 $ 135 $ 11�-----
tal
ours
PROJECT INITIATION
Kick -Off Meeting
• .. Collection and Site Visit
-0-0®---------------®
Description and EIR Outline000®®-----------®®--�
STUDIESTECHNICAL
--------------------�
2.1 Technical Studies Preparation
--------------------0
Subtask 2. 1.1 •
-0---®®-----------®-�
Greenhouse Gas Emissions
Historic Resources (PaleoWest)
--------------------0
Noise and Vibration
2.2 Peer Review of Existing Technical Reports/Studies
Coastald and Sea Level
--------------------0
NOTICEOF .. • 1 SCOPING MEETINGDraft
and Final -Notice of Preparation
%151--------------------�
.._
..
DRAFT0�----------------0�
, • •
--------------------0
Administrative Draft EIR I
Administrative Draft EIR 11
. Draft EIR for0����------------00®®
FINAL',• 1 RELATED DOCUMENTS
--------------------�
Final Resp omments/Errata/Final EIR*
Mitigation Monitoring and Reporting Program
Findings of Fact and Statement of Overriding Considerations
NOC, NOA, NOP, NOD
Project Management
Project M-- is . meetings)®'
��-----------------�'
Public Hearings (5, including a PC Study Session)
Total Labor
110
484
153
336
162
76 56 1
46
10 10 44 10 36 18 18 50
52
37
59
1768
13-43
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
PSOMAS Page C-1 13-44
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
PSOMAS Page C-2 13-45
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. Cid Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
PSOMAS Page C-3 13-46
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
PSOMAS Page C-4 13-47
Attachment B
Conceptual Project Site Plan
13-48
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13-49
CO PV R IG H T@ 2M7 RAR architects
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13-50
CO PV R IG H T@ 2M7 RAR architects
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13-51