Loading...
HomeMy WebLinkAbout11 - Pacific Plaza - Block 800 - Newport Center�EW°OR> CITY OF NEWPORT BEACH Hearing Date: COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: �`\ x PLANNING DEPARTMENT Staff Person: 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL PROJECT: Pacific Plaza (Block 800), Newport Center May 10, 1999 11 Marc Myers (949) 644 -3210 ACTION: Approve a Professional Services Agreement with Bonterra Consulting of Costa Mesa, California, for professional environmental services for a contract price of $51,510.00. EIR CONTRACT PROCEDURES Council Policy F -14, Authority to Contract For Services, authorizes Department Heads to award contracts for services of less than $30,000.00 without further review. However, contracts in excess of $30,000.00; contracts for service not specified in the approved budget; and contracts for services which exceed the amount authorized by the City Council in the budget must be submitted to the City Council for specific approval before the contract is awarded. Additionally, the City Attorney is required to review all specific contract documents prior to contract award. It should also be noted that the City's standard practice for more than 20 years has been to select environmental consultants from a list of firms previously qualified by the City, when agreed to by the applicant. The City has followed this practice because the time limits on EIR preparation make it impractical to do a full selection process for each case. Attached is a letter from Mike Krier of Lend Lease, the owner's agent authorizing the City to contract with Bonterra Consulting for environmental services. Additionally, no City funds are involved in these contracts, as the applicant is responsible for the cost of EIR preparation. Bonterra Consulting has provided a proposal to perform professional environmental services for the City of Newport Beach for the preparation and processing of a Focused Environmental Impact Report and supporting documents for Pacific Plaza (Block 800) expansion. Attached is a copy of the proposal submitted by Bonterra Consulting. The proposal contains the scope of services through the completion and certification of the Final EIR, proposed budget, and time schedule for preparation and processing the environmental documentation. Staff has reviewed the scope of services and determined that the services that will be provided meet or exceed the minimum requirements set forth by the California Environmental Quality Act. The environmental consulting fees for tasks described in the scope of services including Bonterra's staff hours, technical studies, direct expenses, and printing have been reviewed by staff and are considered appropriate and warranted. Additionally, the applicant has reviewed the contract proposal and finds that the scope of services and fees to be appropriate. A letter from the applicant acknowledging receipt and approval of the contract proposal is attached for the Council's review. The Assistant City Attorney has reviewed the form and content of the Professional Services Agreement. NEWPORT CENTER PROJECT COORDINATION The Pacific Plaza project was proposed and the General Plan amendment was initiated before The Irvine Company made its proposal to expand Newport Center and before the Planning Commission and City Council indicated their interest in a comprehensive study of future development in the area. Consequently, this applicant is further along in the City review process than other property owners, as evidenced by the preparation of a scope of services, selection of a consulting firm, and draft of a contract for the EIR. Staff has met with this applicant's representatives to discuss the City's intentions to evaluate the entire Newport Center area comprehensively. They have been open to considering a delay in processing time of their proposal to be included in the comprehensive study, but have expressed concern about the amount of time involved. The applicant is still considering the possible advantages and disadvantages of participating in the comprehensive study, but has requested authorization of their EIR contract so that additional time is not lost while a decision is made. Staff has advised the applicant that they will be responsible for all expenditures on preparation of their project specific EIR should they decide to terrninate that effort in favor of participating in the comprehensive study. Staff also has advised that it may not be possible to join the comprehensive study once it is underway, although it may be possible to coordinate the timing of decisions on both projects. Submitted by: Prepared by: SHARON Z. WOOD MARC W. MYERS Assistant City Manager Attachments: Sc of Services Proposal Letter from Lend Lease Professional Services Agreement Associate Planner FIUSERS/PLN /SH D/ 1PLANCOM/PENDQJGBIACK&NUCC -APPR Page 2 0 C O N S U L T I N G •r` n Envimmnmental Plannina/Resoume Management Corporation January 8, 1999 Marc Myers, Associate Planner VIA FACSIMILE AND MAIL City of Newport Beach (949) 644 -3250 3300 Newport Boulevard Newport Beach, California 92658 -8915 Subject Proposal for Preparation ofthe Block 800 Focused Environmental Impact Report Dear Mr. Myers: BonTerra Consulting appreciates this opportunity to submit this proposal to the City of Newport Beach. The successful implementation of in -fill development projects requires a collaborative experienced project team. BonTerra's experience in the project area and with office development project will provide the city and the project applicant with the specific knowledge and experience to prepare the necessary environmental documentation in a expedient and cost effective manner. Ms. Joan Patronite Kelly, AICP will serve as the Principal -in- Charge for the focused EIR. Ms. Kelly has over 20 years of experience with the preparation of EIRs for a variety of projects throughout southern Califomia. Ms. Kelly will provide quality assurance oversight on the EIR. Ms. Dana C. Privitt, AICP will serve as the Project Manager for the EIR. Ms. Privitt has over 15 years of experience with the preparation of EIR, including several projects in the City of • Newport Beach including the expansion of Fashion Island and Newport Center parcels. Ms. Privitt will be the city's primary contact for the proposed project. BonTerra's project team consists of the following consulting companies: • BonTerra Consulting —prime consultant with responsibility for. EIR preparation; attendance at meetings; participation in community scoping meeting; presentations to Planning Commission and City Council; and management/coordination of other consulting team members. • JHA Environmental Consulting --air quality analysis. • Mestre Greve Associates –noise analysis. • Digital Preview – visual simulations. All members of the BonTerra team have prior project experience in the project vicinity in their respective fields of expertise. The qualifications of these companies and resumes of key staff members are available upon request. 151 Kalmus Drive BonTerra is ready to begin work on this project immediately. We look forward to assisting Suite E -200 the City of Newport Beach through the preparation of the environmental documentation. Costa Mesa Respectfully submitted, BONTERRA C ULTING Califomia 92626 • c (714} 444 -9199 Joa Patronit Kelly ICP (714) 444 -9599 fax P ' ipal Td Wd67:I0 6661 80 'upf 6656 777 7IL Daha C. Privitt, AICP Senior Planning Manager 3 'ON 3NOHd rJNIlinSNOJ U&SiNOH : WOad FMAOSa! rod SADCk 800 FOCUSed E!R BONTERRA CONSULTING SCOPE OF WORK PROJECT UNDERSTANDING • ERE Yarmouth, on behalf of the California State Teachers Retirement System, has submitted a proposal to the City of Newport Beach to develop a seven -story office building and parking structure in Block 800 of Newport Center. The office development would be constructed north of the existing Pacific Financial Plaza office complex in Block 800 between San Clemente Drive, Santa Barbara Drive, and Santa Maria Drive. The City of Newport Beach has indicated that there is no additional office square footage allocated for this block. A general plan amendment will therefore be required as a part of the discretionary actions for the proposed project to allocate office and related services square footage to Block 800. PROJECT APPROACH AND SCOPE OF WORK The BonTerra team's role for this project is to serve as an extension of city staff providing the necessary technical expertise to address key environmental and planning issues raised by agencies, community, city leaders, city staff, and property owners during the preparation of the EIR. The BonTerra team will provide the city with senior professionals in a variety of technical disciplines who will be available to consult on development - related issues, conduct specialized and focused technical studies, provide expertise for public participation and legal counsel, and provide a peer review on technical reports prepared by the applicant's team of consultants for use in the environmental documentation process. The key BonTerra Consulting staff assigned to the Block 800 project are: • • Joan Patronite Kelly, AICP Principal -in- Charge • Dana C. Privitt, AICP Senior Planning Manager Assisting BonTerra will be three subconsultants that bring the following special expertise: • JHA Environmental Consultants —Air Quality Jo Anne Aplet • Mestre Greve Associates —Noise Fred Greve • Digital Preview—Visual Simulations Richard Johnston BonTerra recognizes the importance of ensuring that environmental documents prepared for our clients are of the highest quality. Strong quality assurance practices are a prerequisite for satisfactory and effective performance of professional services. BonTerra's quality assurance procedures are based upon years of consulting experience with public and private sector projects and are designed to meet the city's expectations for professional quality, responsive service, and cost - effective performance. The overall approach and the primary quality assurance measures set • a.w,oro?a�ew•wo�riweoi.oioa99 Page r of Zd wdes:Te 666T 80 'UFf 6656 "V bTL : 'ON 3NCHd ONIi7riSNOO U&SiNOH : WOad I ror Block 800 FwusW EIR forth for the project consists of three key elements experienced professionals, senior leadership, legal defensibility. • Regular interaction is imperative between the BonTerra team, the City of Newport Beach, and other team members to report progress of the environmental analysis, discuss issues that have arisen during the conduct of the work, and describe potential mitigation measures, project design adjustments, or project alternatives that could reduce or eliminate potential environmental impacts. This approach will assist in data acquisition without loss of time or resources and will give staff advance input on environmental findings. Such participation by the project team minimizes duplication of research efforts, improves the technical quality and accuracy of analysis, and can ultimately reduce the cost of environmental processing. Ouremphasis is problem - solving: we strive to assist our clients in avoiding environmental and land use impacts rather than mitigating forthem. EIR SCOPE OF WORK BonTerra will be responsible for preparation of the focused EIR, Including preparation and mailing of the Initial Study /Notice of Preparation, participation in community meetings and public hearings, responses to comments on the draft EIR, development of the mitigation monitoring program, and other required CEQA notices. Key elements of our approach are summarized below. Task 1: Initiate Project and Attend Kickoff Meeting Prior to the initiation of work on the project, BonTerra will have a kickoff meeting. The kickoff meeting provides an opportunity for team members to ask questions, receive and clarify information, and assures that each team member is fully briefed on their responsibilities. Team • members receive a copy of the scope of work, schedule, and budget. Individuals are informed of city /applicant objectives. priorities, and concerns that need to addressed in completing the authorized task. 0 A site visit and compilation of relevant project information (project designs, previous documentation, etc.) are typically the initial steps taken in the process. Following these initial steps, BonTerra assesses whether available information Is adequate and complete. The city will be notified if additional information is needed. Early identification of data needs is critical in meeting project schedules. If additional information is needed, a list of data needs will be provided in writing. Work can typically proceed on those task which are not dependent on the forthcoming information. Task 2. Initial Study /Notice of Preparation An integral part of every project requiring CEQA compliance is the process of determining which environmental issues require technical analysis. BonTerra believes in using the CEQA process as it was intended: namely, to screen out issues that are not significant to prevent unnecessary effort on documentation which is not required. If there is adequate documentation or other available information to reach the conclusion that there will not be a significant environmental effect from project implementation, no further technical analyses are required. These conclusions and substantiating information will be documented in the Initial Study. Since the CEQA requirement for initial studies relies upon thorough documentation of information and data sources, there is no extra effort involved in this approach. The scope of this analysis for the various topical issues to be addressed in the EIR is provided below under Task 3, Prepare Screencheck EIR. P'Tropoe rae ponN 1 -010 Pago 2 of 2d Wd0S:T0 666T 80 'Uef 6656 ttt bTL : 'ON 3NOHd ONii-inSNO7 U&Si OH : WOad Propoasl for Brodc 800 Fbwu d EIR In preparing the Initial Study, BonTerra will use the updated environmental checklist included in the revised CEQA Guidelines (October 1998). A draft Initial Study /NOP will be submitted to the city for review. BonTerra will incorporate comments received and finalize the Initial Study/NOP for • public distribution. Task 3: Prepare Screencheck EIR BonTerrawlll prepare the screencheck EIR based upon the IS/NOP and responses received, input received from the scoping meeting, and technical evaluation of the proposed project. Unanticipated issues from the IS/NOP process and/or scoping meeting may require an adjustment to this scope of work and budget. The city has preliminarily determined that the following issues are to be addressed in the focused EIR: • Land Use • Air Quality • Transportation, Circulation, and Parking • Noise • Public Services • Utilities and Service Systems • Aesthetics Project Description — BonTerra will work with city staff and the applicant to prepare a description that articulates the overall objectives of the project. Information provided by the applicant will be the basis for the project description. A draft project description will be provided to the city and applicant for review and approval prior to submittal of the screencheck EIR. This process provides the city and applicant with an opportunity to clarify any project issues prior to the technical analysis • is initiated. The project description will include: Regional and local setting • Site history • Project objectives • Project characteristics and important project features Any documents that will be incorporated by reference • Intended uses of the EIR, including identifying responsible and trustee agencies Environmental Setting This section of the EIR will contain a discussion of the environment in the project vicinity. As required by the revised CEQA Guidelines, the environmental setting discussion will reflect the conditions as they exist at the time the NOP is published. Environmental Impact Evaluation The EIR will clearly identify significant environmental effects anticipated for each environmental issue with proposed project implementation. We will work with the city to establish the appropriate significance criteria for each environmental issue to be addressed for the project. In addition to the general standards of significance identified by CEQA, there are established thresholds provided for air quality (SCAQMD), traffic and noise (City of Newport Beach), etc. BonTerra would provide a memorandum to the cityfor concurrence identifying suggested criteria prior to determining project • Rw,t maIawewpoTVWl imw Page 3of9 ( Cd WdTS:TO 666T 60 .Upf 6656 777 7T4 : 'ON 3NOHd `JNIi- inSNOJ d6d31NOa : 140dJ Proposal for Block 800 Focused E/R and cumulative impacts. The thresholds are stated in each technical section to enable the reader to clearly understand the analytical process used to identify potential project impacts. • Establishment of a nexus between the project - specific and cumulative impacts and the suggested mitigation is critical. BonTerra differentiates features of a project (design features) that serve to partially /completely mitigate potential impacts. from standard conditions of approval (e.g., compliance with building and energy codes, etc.), and from "conventional" mitigation measures. Design features would be identified in the project description, and then described in the impacts discussion for each technical section as to how the design feature could °prevent or lessen" the significant impact. These design features, as do standard conditions of approval, require monitoring to ensure that required features are implemented. "Conventional' measures are provided for each significant impact. Measures within each technical section are grouped according to the impact category. Project effects which cannot be mitigated to a level less than significant will be clearly identified. Land Use and Planning The project area is predominately office and commercial. However, there is a multi - family residential development located adjacent to the project site. The land use analysis will analyze the project's compatibility with existing and planned land uses adjacent to the site, and consistency with applicable planning and policy documents. Mitigation measures will be provided, as necessary. BonTerra will provide a policy analysis focusing on the city's general plan, planned community development standards, and other applicable planning documents. Transportation and Circulation— BonTerra will summarize the traffic study prepared by Linscott, Law & Greenspan Engineers and approved for incorporation into the EIR by the city's Public Works Department. Air Quality —JHA Environmental Consultants will prepare an air quality analysis describing existing conditions, including regional and local air quality and meteorology, and the state, federal, and regional air quality regulatory framework. A peak day and peak quarter construction scenario will be developed which will include total construction emissions, based on estimates of acres graded and excavated, transport of excavated soil offsite, construction equipment used, and employee vehicles traveling toffrom the site. The analysis will be consistentwith the most current approved SCAQMD Handbookfor CEQA analysis, as updated with the California Air Resources Board model, URBEMIS7G. The analysis will compare traffic impacts from the completed project with existing conditions and future conditions without the project, using current approved emission factors and traffic estimates provided by Linscott, Law & Greenspan. Based on future traffic projections at adjacent intersections, JHA will qualitatively assess the potential for carbon monoxide hotspots to develop in the vicinity of the project and analyze, through application of the Caline model, the potential for significant carbon monoxide concentrations that could adversely affect sensitive receptors in the project area. Project- specific and cumulative impacts will be identified using SCAQMD recommended thresholds of significance for air quality impacts. Mitigation measures will be proposed for all impacts identified as significant. Noise — Mestre Greve Associates will prepare a noise assessment evaluate potential noise impacts of the proposed project, focusing on short-term construction noise, long -term changes in noise levels in the project area, and changes in ambient noise levels associated with increased onsite activity. Ambient noise readings will be taken to determine existing noise levels at the residential site, generated by the existing parking structure, and associated with existing land uses and vehicular traffic. This section will specifically address project noise impacts to noise sensitive uses . (the residential development). a.wiopo:oi :'1loo.ponV+DOLa108 ?y Page o/9 N Sd WdF-S: TO 666T 80 -usf 66SG "t, tTL : 'ON 9NOHd O iinSNOJ U889iN09 : WMA Proposal for B /Ock 800 Focused EIR Noise impacts associated with the project's traffic will be projected in terms of the CNEL noise scale based on traffic figures obtained from the traffic study, vehicle mix assumptions provided by the city traffic engineer and the FHWA Highway Noise Prediction Model (RD -77 -108), which is the widely accepted method of evaluating roadway noise impacts. Community noise standards relevant to the project are contained in the City of Newport Beach General Plan Noise Element and the Noise Ordinance. Traffic noise levels within the project will also be assessed for compatibility with the proposed land uses. Project noise impacts will be assessed based on total increases in the ambient noise level and potential exceedances of city standards. Mestre Greve Associates will provide tables to identify potential project noise impacts, and identify mitigation measures necessary to achieve the city noise standards. Public Services — Public services of primary importance to the project are police and fire protection services. BonTerra will coordinate with the city fire and police departments to assure that the capacity is available for office users. and that existing land uses would not be adversely affected. Utilities and Service Systems — Infrastructure for Newport Center has been in place for many years. Upgrades have been implemented to provide for increased development. However, there are no additional development rights allocated for this parcel; as a result, improvements beyond those assumed to support Newport Center will likely be required. Bonterra will contact utility and service system purveyors including water, sewer, electrical, gas, and flood control services. Visual /Aesthetics — BonTerra will characterize the existing aesthetic environment and visual resources, including a discussion of views within the site and views from surrounding areas to the site. Architectural and design specifications, as available from the project applicant, will be used in the EIR. The compatibility of the project's architecture, height and building materials with the surrounding area will be evaluated. Available conceptual landscape plans will also be described in this section. We will base the visual assessment on site reconnaissance, site photographs, and simulations to be prepared for BonTerra by Digital Preview. This scope of work assumes the preparation of two computer - generated simulations. BonTerra will coordinate with the city in preparing simulations to ensure that the selected vantage points and simulated conditions are consistent with the needs of the EIR. To determine whether the proposed project would create any significant shade /shadow effects on existing land uses, a shadow study will be superimposed on an aerial photo. Potential light and glare impacts, particularly with respect to building materials, associated with the development of the proposed project will be discussed in the EIR. Existing city policies and guidelines regarding light and glare will be reviewed for discussion in the EIR. Mitigation measures will be recommended to reduce potential aesthetic and light and glare impacts to the maximum extent possible. Cumulative Impact"onTerra will describe the reasonably foreseeable projects within a defined study area approved by the city that may result in cumulative impacts with the proposed project. We will work closely with city staff to ensure that the EIR is prepared at the appropriate level of detail and that pertinent projects are evaluated. This section will take into consideration the revised CEQA Guidelines relative to how a project's contribution to cumulative impacts is assessed. The evaluation area for cumulative projects will vary depending on the technical issue to be addressed. For instance, the evaluation area for potential cumulative regional air quality impacts would encompass the air basin for the South Coast Air Quality Management District (SCAQMD), while the evaluation area for visual effects may only encompass an area visible from fine -of -site. RXPiovoaeWN wpon 1a10M • 0 Page 5 or 9 (/ 9d Wd2s:TO 666T 86 'Uef 6656 ttt tTL : 'ON 3NOHd ONIlifsNOJ tIH631NOH : WMU al br BIOCK 800 Focasea EIR Therefore, for each technical section, we will define the cumulative study area to be used for the assessment of the project's contribution to cumulative impacts. • Alternatives— BonTerra will provide an assessment of alternatives to the proposed project. Alternatives to be evaluated will be developed in coordination with the city and based on the requirements of CEQA. The alternatives will be provided in sufficient detail for comparison with the proposed project. Each alterative will be evaluated with respect to each key impact category identified for the project as having a potential significant effect. The advantages and disadvantages of each alternative and reasons for rejecting or recommending it will be addressed; the environmentally superior alternative will be identified as required by CEQA. This scope of work assumes that two project design alternatives, an alternate project location alternative, and a no project alternative will be evaluated. Other EIR Sections —The following CEQA required sections will be provided as a part of the focused EIR: • Executive Summary • Long -term Impacts: Significant Irreversible Environmental Changes, Unavoidable Environmental Effects, Growth - Inducing Impacts • References • Preparers and Contributors, Agencies and Persons Consulted Task 4. Prepare Draft EIR for Public Review Upon receipt of the city and applicant's comments on the screencheck EIR, BonTerra will make revisions and prepare the draft EIR for printing and public distribution. The city will publish the • newspaper notice of EIR availability; BonTerra will prepare and submit the Notice of Completion (NOC) and copies of the draft EIR to the State Clearinghouse. BonTerra will mail copies of the draft EIR to local community groups and other local agencies. BonTerra assumes that the city will require one round of review and one "proof check" prior to the document being approved by city staff to be printed for public review. • Task 6; Responses to Comments on Draft EIR Upon receipt of written comments on the draft EIR from the State Clearinghouse and other parties, BonTerra will review all comments. BonTerra will prepare written responses to comments that raise significant environmental issues. These responses will be provided as a separate document; revisions to the draft EIR and preparation of an administrative final EIR after certification are not assumed. Upon receipt of the city's comments, BonTerra will finalize the responses to comments. Responses to public agency comments will be mailed by BonTerra at least 10 days before certification of the final EIR as required by CEQA. Subsequent to certification of the final EIR, BonTerra will prepare the Notice of Determination (NOD), mail it to the State Clearinghouse, and provide it to the city and County of Orange for posting. Task 6; Prepare Mitigation Monitoring Program To comply with Public Resources Code 2081.6, BonTerra will prepare a mitigation monitoring program (MMP) for review by Planning Commission and adoption by the City Council at the time of the CEQA findings. The MMP will be prepared at the same time as responses to comments. BonTerra will coordinate with city staff to refine the format and the content of the MMP. a:wApo.m :wewpo„wpptAto89B Page 6of9 9 Ld WdrS:r© 6661 80 'Uer 6656 "t, rrL : 'ON 3NOHd UNIi7nSN07 Udd31NOG : WOdJ Proposal for Block 800 Focused EIR Task 7: Prepare CEQA Findings and Statement of Overriding Considerations BonTerra will prepare draft findings of fact and a draft statement of overriding considerations in accordance with Sections 15091 and 15093 of the State CEQA Guidelines, respectively. Upon receipt of the city's comments on these documents, final copies will be submitted to the city for use by the City Council in its deliberations on the project. Task 8: Project Management and Coordination BonTerra is firmly committed to developing and maintaining close working relationships with its clients. Emphasis on client/consultant communication, as well as involvement of principals and senior staff in all projects, results in performance that satisfies project objectives, government requirements, and client needs. This scope assumes regular interaction between the BonTerra project team and the city's project team and requires frequent information - sharing among project team members. This approach will assist in coordination efforts, decisionmaking, and data acquisition without requiring additional time or resources and will give city staff advance input on environmental findings. BonTerra will manage the EIR preparation effort and coordinate closely with city staff and its project team during the course of the CEQA documentation. The BonTerra principal -in- charge will be available to the city for strategic consultation throughout the contract period. Task 9: Meetings Attendance at Meetings with City Staff— BonTerra's principal -in- charge and /or project manager will be available to attend project meetings with staff throughout the EIR process. Other members of the BonTerra project team will be available, as needed, to attend these meetings within their . established task budgets. Scoping Meeting —One public scoping meeting has been assumed for the Block 800 project. BonTerra will work closely with city staff to arrange the scoping meeting. Ms. Kelly and Ms. Privitt will be available for presentations, available to answerquestions of individual issues. and to directly hear public concerns. Planning Commission/City Council Meetings — Attendance by Ms. Kelly or Ms. Privitt at two public hearings on the project are assumed in this scope of services. They will be available to make presentations concerning topical issues, analysis and findings of the draft EIR, as well as be available to answer questions or make specific presentations, as directed by city staff. DELIVERABLES BonTerra has assumed the following deliverables as a part of the project. Deliverable Draft/final copies of the Initial Study /NOP Screencheck copies of the draft EIR Draft EIR and Technical Appendices Drafttfinal responses to comments R Nrcpo wnwerpOFTI 01-0I0 Number 35 5 35 35 Page 7 or 9 is 8d NdbS :iO 666i 60 'uec 66S6 7b7 7IL : 'ON 3NOHd OlAiiinSNOJ ULkB1NOH :. N021d Proposal for Bock 800 Focused EIR PROJECT SCHEDULE Task Description Weeks to Completion Authorization to Proceed Week 1 Initial Kickoff Meeting (Task 1) Week 1 Draft Initial Study /NOP to City (Task 2) Week 3 Release of IS /NOP for 30-day Public Review Week 4 Scoping Meeting Week 6 Completion of 30-day Public Review of IS /NOP Week 8 Screencheck EIR to City for Review (Task 3) Week 10 City Comments to BonTerra Week 12 Release of draft EIR for 45-day Public Review (Task 4) Week 14 Completion of 45 -day Public Review Week 20 Draft Responses to Comments to City for Review (Task 5) Week 22 City Comments to BonTerra Week 24 Preparation of Mitigation Monitoring Week 24 Final Responses to Comments to City Week 25 Planning Commission Hearings Week 26 Preparation of Findings and Overriding Considerations Week 27 City Council Hearings Week 28 Certification of Final EIR Week 28 Estimated Fees TasK Description Fees 5,433 Digital Preview (Visual Simulations) 3,740 Task 1 Initiate Project and Attend Kickoff Meeting $ 1,140 Task 2 Prepare Initial Study /Notice of Preparation 1,710 Task 3 Prepare Screencheck EIR 12,600 Task 4 Prepare Draft EIR for Public Review 3,030 Task 5 Prepare Responses to Comments on Draft EIR 1,850 Task 6 Prepare Mitigation Monitoring Program 975 Task 7 Prepare Findings and Overriding Considerations 2,280 Task 8 Project Management and Coordination 4,750 Task 9 Attendance at Meetings (4) with City Staff 1,900 Task 7 Attendance at Public Hearings (2) 1,140 r -1 LJ Word Processing/Editing 2,200 Graphics 1,760 Labor Fees $35,335 Subconsultants Mestre Greve Associates (Noise) $ 3,762 JHA Environmental (Air Quality) 5,433 Digital Preview (Visual Simulations) 3,740 Subconsultant Fees $12,935 a:wrvoo:.oisw,..pw�woo�aiwa� Page 8 of 9 Gd Ndss:To 6661 80 'upf 6656 bbb biL : 'ON 3NOHd ONI1-nSN07 U2231NOH : 14088 Fmpawl rar Block 800 Focused EIR Estimated Reimbursable Direct Costs Mailing of notices and documents Printing of notices and documents Postage /In -house reproduction Deliveries Mileage Reimbursable Directs Fees Total Proposed Fees R Nrop MJONOWPo U I -010899 $ 150 2,640 250 150 50 $3,240 $51,510 • 0 Page 9 of 9 /a OTd Wd9S:TO 666T 80 'UEf 66S6 777 bTL : 'ON 3NOHd SNUMSN07 06dKNOa WO2U Lend Lease REAL ESTATE INVESTMENTS February 23, 1999 Michael J. Krier Vice President RE: ENVIRONMENTAL REVIEW SERVICES FOR PACIFIC FINANCIAL PLAZA (BLOCK 800) EXPANSION PROJECT Dear Mr. Meyers: We are in receipt of the proposal submitted by Bonterra Consulting regarding the environmental consulting services for the above referenced project. We have the reviewed the proposal and find the scope of services and fees to be appropriate. We are in the process of preparing a budget and a recommendation to the owners, California State Teachers' Retirement System, for the entitlement process including the cost of the environmental review. When this process is completed we will issue the payment for the environmental review services. Please call me if you have any questions. I look forward to working with you on this project. cc: M. Billeci D. Heinfeld 1] RECEIVED BY PLANNING DEPARTMENT CITY OP NEWPORT BEACH AM FEB ` 4 1999 PM 7�Si9�10111112111213141516 /3 Lend Lease Real Estate Investments, Inc. Mr. Marc Meyers 19800 MacArthur Boulevard Associate Planner, Planning Department Suite 1000 Irvine, CA 92612 Community and Economic Development City of Newport Beach Telephone 3300 Newport Blvd. Faacsimle P.O. Box 1768 9°9°76 -8812 Newport Beach, CA 92658 -8915 RE: ENVIRONMENTAL REVIEW SERVICES FOR PACIFIC FINANCIAL PLAZA (BLOCK 800) EXPANSION PROJECT Dear Mr. Meyers: We are in receipt of the proposal submitted by Bonterra Consulting regarding the environmental consulting services for the above referenced project. We have the reviewed the proposal and find the scope of services and fees to be appropriate. We are in the process of preparing a budget and a recommendation to the owners, California State Teachers' Retirement System, for the entitlement process including the cost of the environmental review. When this process is completed we will issue the payment for the environmental review services. Please call me if you have any questions. I look forward to working with you on this project. cc: M. Billeci D. Heinfeld 1] RECEIVED BY PLANNING DEPARTMENT CITY OP NEWPORT BEACH AM FEB ` 4 1999 PM 7�Si9�10111112111213141516 /3 PROFESSIONAL SERVICES AGREEMENT . THIS AGREEMENT, entered into this 10th day of May, 1999, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Bonterra Consulting, whose address is 151 Kalmus Drive, Suite E -200, Costa Mesa, California, 92626, (hereinafter referred to as "Consultant'), 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 the City. • B. City intends to prepare and process an Environmental Impact Report for Pacific Financial Plaza (Block 800) in Newport Center, Newport Beach. C. City desires to engage Consultant to provide environmental services for the Project upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are, for purpose of this Project are Joan Patronite Kelly. Principal and Dana Privitt, Senior Planning Manager. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. -1 %q . 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 10th day of May, 1999, and shall terminate when the City Council takes final action on the Environmental Impact Report, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this . Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the Project Administrator. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of Fifty -One Thousand Five Hundred Ten Dollars and zero cents ($51,510.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. • -2 16 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the City, and based upon • attachment "B ". 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of the City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the • terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of five percent (5 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. -3 E %0 4. STANDARD OF CARE 4.1 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 the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. S. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed • -4 11 to constitute 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 details i in means of performing the work provided that Consultant is compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to 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 Project term. Consultant has designated Dana Privitt to be its Project Manager. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City. Consultant warrants it will continuously furnish the necessary personnel to complete the &.y !a • Project on a timely basis as contemplated by this Agreement. . 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in attachment "C ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance • in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project • -6 i9 direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. r 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, • boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. -7 FIZI Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees rin any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as 0 described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business 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 Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 EM a/ million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other . form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability -9 9 M insurance to either Consultant or City with respect to the services of Consultant herein, a • waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be • construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 • -10 43 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 is all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as 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. Consultant shall, at such time and in such forms as City may require, fumish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this 0 Agreement, City agrees to provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Planning Department. Patricia Temple. Planning Director shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his/her -11 0 �7 authorized representative shall represent City in all matters pertaining to the services to • be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be cleariy identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS • City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional • -12 1?S inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the • additional design, construction and/or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will • foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without -13 1] 1?6 prior written approval of City. • 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Planning Department 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3200 Fax (949) 644 -3250 • All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Bonterra Consulting Attention: Joan Patronite Kelly, AICP 151 Kalmus Drive Suite E -200 Costa Mesa, CA 92626 (714) 444 -9199 Fax: (714) 444 -9599 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in • -14 �J 7 default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default • and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES • Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. -15 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or • ,?r E 0 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 32. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: 0 Robin Clauson Assistant City Attorney City of Newport Beach ATTEST: By: LaVonne Harkless City Clerk FJusers/pin/shared/1 plancom/pendi ngBlockBDO /profser - agreemnt -16 CITY OF NEWPORT BEACH A Municipal Corporation In Dennis O'Neil Mayor City of Newport Beach CONSULTANT LA Iwo r