HomeMy WebLinkAbout14 - Amendment of PSA for Environmental Services for the Proposed 150 Newport Center Project Located at 150 Newport Center Drive (PA2014-213)TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
PREPARED BY:
PHONE:
November 24, 2015
Agenda Item No. 14
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
Makana Nova, Associate Planner
949-644-3249
TITLE: Amendment of Professional Service Agreement with T&B Planning
for Environmental Services for the Proposed 150 Newport Center
Project Located at 150 Newport Center Drive (PA2014-213)
ABSTRACT:
Community Development staff requests an amendment of a professional services
agreement with T&B Planning for environmental consulting services for the preparation
of an environmental impact report for the proposed 150 Newport Center residential
development located at 150 Newport Center Drive.
RECOMMENDATION:
Approve the amendment to the Professional Services Agreement, and authorize the
Mayor and City Clerk to execute the agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. The original scope authorized under the
existing Professional Services Agreement ($49,645.00) together with the additional cost
of this consulting service ($122,802.00) will be reimbursed to the City by the applicant
(Newport Anacapa Associates, LLC).
DISCUSSION:
On December 5, 2014, the applicant submitted an application for legislative and
discretionary approvals to accommodate the future redevelopment of the project site
with a multi -family residential development, 150 Newport Center. Attachment C provides
an aerial photograph of the project site.
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Amendment of Professional Service Agreement with T&B Planning
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November 24, 2015
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The project site is currently a car wash with an ancillary service station and convenience
market. The site is currently designated in the General Plan for CO -R (Regional
Commercial Office); however, the applicant is requesting land use amendments and
related applications to change the land use to RM (Multi Family Residential) to provide
for multi -family residential development. Applications include a General Plan
Amendment, Zoning Code Amendment, Planned Community Development Plan, Site
Development Agreement, Tentative Tract Map and a Development Agreement.
Planning staff's initial analysis of the project for CEQA compliance was that a mitigated
negative declaration (MND) would be appropriate. Staff mailed out a Request for
Proposals (RFP) to a total of eight environmental consulting firms. Two firms submitted
proposals: T&B Planning submitted a proposal of $49,645.00 and Templeton Planning
Group submitted a proposal of $43,400.00. Based on a careful review of the two
proposals, T&B Planning was selected.
A professional services agreement (Attachment B) was entered into in May 2015, and
the consultant completed the MND, which was circulated for a mandatory 20 -day public -
review period that began on September 11, 2015, and concluded on October 1, 2015.
The public comment period was later extended through October 7, 2015, at the request
of several members of the public.
At the October 8, 2015 Planning Commission study session, the applicant gave a
presentation that included the project design, amenities and visual simulations. Planning
staff also presented project data, including the necessary discretionary applications and
environmental review.
Written public comments pertaining to the draft Mitigated Negative Declaration (MND)
was included in the staff report and several members of the public presented comments
at the study session. After reviewing the information, the Planning Commissioners
suggested that an Environmental Impact Report (EIR) be prepared to more thoroughly
address potential environmental impacts of the proposed project.
The applicant has requested the preparation of an EIR, and staff concurs.
ENVIRONMENTAL REVIEW:
Retention of consultants is not a project as defined by California Environmental Quality
Act (CEQA).
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
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ATTACHMENTS:
Attachment A — Amendment of Professional Services Agreement with T&B Planning
Attachment B — Current Professional Services Agreement with T&B Planning
Attachment C — Project Site Exhibit
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Attachment A
Amended Professional Services Agreement
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AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH T&B PLANNING, INC. FOR
NEWPORT CENTER VILLAS (AKA 150 NEWPORT CENTER) CEQA
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 24th day of November,
2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and T&B PLANNING, INC., a California
corporation ("Consultant"), whose address is 17542 East 17th Street, Suite 100, Tustin,
California 92780, and is made with reference to the following:
RECITALS
A. On May 5, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to prepare an Initial Study and Mitigated Negative
Declaration in accordance with California Environmental Quality Act (CEQA)
requirements for the Newport Center Villas (also known as 150 Newport Center)
Project ("Project").
B. City desires to enter into this Amendment No. One to reflect additional Services
not included in the Agreement, to extend the term of the Agreement to June 30,
2017, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2017, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No.
One shall collectively be known as "Exhibit B."
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Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached 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 One Hundred
Seventy Two Thousand Four Hundred Forty Seven Dollars and 001100
($172,447.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Twenty Two Thousand Eight Hundred Two Dollars and 001100
($122,802.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
T&B Planning, Inc. Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 11 17 --
Aaron
7 --Aaron C. Harp conn ill [z1Iv
City Attorney
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
Attachments
T&B Planning, Inc.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Edward D. Selich
Mayor
CONSULTANT: T&B
California corporation
Date:
By:
Tracy Zinn, AICP
Vice President
Date:
go
Planning, Inc., a
Joel Morse
President 1 Chief Financial Officer
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Page 3
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EXHIBIT A
SCOPE OF SERVICES
T&B Planning, Inc.
Page A-1
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P 1 A N N I N G
Tustin, CA I San Die` o, C.A. 1 ,MUN-ysville, PA
17542 Fast 17th Street. Suite 100 Tustin, CA 92730 p714.505.6360 f714.505.6361
FIRST AMENDMENT TO CONTRACT
This FIRST AMENDMENT TO CONTRACT constitutes an amendment to Contract No. 6103, behveen T&B
Planning, Inc. (T&B Planning) and CLIENT herein named as:
CLIENT NAiIME: CITY OF NEWPORT BEACH
JOB NUMBER: 923-006
PROJECT NAME: NEWPORT CENTER VILLAS (PA2014-213)
DATE: November 9, 2015
All provisions of Contract No. 6013 (Contract) entered into between the Parties on May 5, 2015, shall remain
in force and in effect except for the scope of work, budget, and schedule, as modified herein.
Dear Ms. Nova:
T&B Planning previously prepared a Mitigated Negative Declaration (MND) for the Newport Center Villas
Residential Development Project. The City of Newport Beach (City) subsequently determined that an
Environmental Impact Report (EIR) is required. Therefore, this proposal provides a scope of work and fee to
prepare a Focused EIR in accordance with the California Environmental Quality Act (CEQA).
Based your discussion with T&B Planning Senior Project Manager Shawn Nevill about the public comments
received on the MND and the scope of the analyses and conclusions in the previously prepared MND, the
environmental topics that will require analysis in the Focused EIR include: Aesthetics, Air Quality, Biological
Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, Land Use and
Planning, and Transportation/Traffic. T&B Planning anticipates that only minor revisions will be required to the
technical reports that were previously prepared for the MND and that no new technical reports will be required.
The Project Applicant may be asked to provide additional view simulations of the proposed Project, if deemed
warranted by the City.
Expectations
T&B Planning's proposed scope of work and fee budget for preparing a Focused EIR for the Newport Center Villas
Project is based on the following expectations. If any of these change, we reserve the right to modify the scope
of work and fee budget accordingly.
The environmental baseline (existing condition) has not/will not change between the time(s) that
previously prepared technical reports were published/field work was conducted and the date that
the EIR's Notice of Preparation (NDP) is released for public review. The City will obtain letters from
the technical report authors confirming this fact, for the Administrative Record.
The Project Description has not/will not change from that provided in the MND, other than the
addition of a Development Agreement action and identification of construction staging areas.
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• The CEQA Consultant will not be required to research cumulative projects, or conduct extensive
technical analysis of cumulative impacts for the subject areas supported by a technical report. We
anticipate that the City will provide an updated list of cumulative projects and will provide enough
information to draw conclusions about the Project's cumulative effects.
• The CEQA Consultant will not be required to assist the City in in the tribal consultation process
required pursuant to SB -18 and AB -52.
• The CEQA Consultant will not be required to conduct public review mailings or to produce or
coordinate public review and hearing notices. Those tasks will be performed by City staff.
Amended Scope of Work
T&B Planning (CEQA Consultant) shall provide the following additional services:
TASK 6: PREPARE INITIAL STUDY AND NOTICE OF PREPARATION
Sub -Task 6.1: Prepare Initial Study and NOP
T&B Planning will prepare a Draft CEQA Initial Study (IS) using the CEQA Appendix G Environmental Checklist
Form. This task will utilize the information that was included in the MND previously prepared for the Project.
The Draft IS will include:
• Statement of the purpose and scope of the IS;
• Disclosure of the Lead Agency and any other public agencies that must approve the Project (if any);
• Description of the proposed discretionary action(s);
• Description of the Project's characteristics;
• Description of the Project's location;
• Overview of existing site and surrounding conditions/environmental setting;
• List of references used;
• Environmental evaluation by CEQA subject area (Environmental Checklist); and
• Determination as to the required type of CEQA document.
The Initial Study (Environmental Checklist and Responses to Environmental Checklist) will be the primary work
effort forthis task. The Responses to Environmental Checklist section will contain pertinent analysis from the
previously prepared MND to conclude that the Project will have a less than significant impact under all
environmental issue topics with the exception of Aesthetics, Air Quality, Biological Resources, Cultural Resources,
Geology and Soils, Hazards and Hazardous Materials, Noise, Land Use and Planning, and Transportation/Traffic,
which will require further analysis in a Focused EIR.
The budget for this task assumes a single round of minor revisions to the Initial Study/Environmental Checklist to
incorporate comments from the City of Newport Beach. Following completion of any necessary revisions, T&B
Planning will resubmit the Initial Study along with a draft Notice of Preparation (NOP) for City review and
approval. T&B Planning's fee budget for this task presumes that the City of Newport Beach will conduct the
filing, noticing, and distribution of the NOP.
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Sub -Task 6.2: Evaluate NOP Comment Letters
During the 30 -day public review period of the NOP, T&B Planning will periodically contact City staff and request
copies of the public comment letters. We also will request a complete set of original letters at the close of the
public comment period. If any comments necessitate an expanded scope of analysis in the EIR and/or technical
reports, T&B Planning will immediately reevaluate our scope of work and notify the City.
TASK 7: PREPARE ENVIRONMENTAL IMPACT REPORT
Sub -Task 7.1: Prepare First Screencheck Draft EIR
T&B Planning will commence with preparation of the First Screencheck Draft EIR immediately following
distribution of the NOP. The First Screencheck Draft EIR will be prepared in accordance with State and City of
Newport Beach guidelines and will generally include the following sections:
Executive Summary. This introductory section will provide a synopsis of the proposed Project; a
summary of the Project alternatives, including an identification of the "Environmentally Superior
Alternative;" and a brief discussion of any areas of controversy and issues to be resolved by the decision-
making body. The Executive Summary also will include an environmental impact and mitigation
summary table that will be prepared as part of Sub -Task 7.3, which will identify the significance of each
impact, mitigation measures, the party responsible for implementing each mitigation measure, and the
timeframe in which each measure should be completed.
Introduction. The Introduction will explain the purpose of the EIR, the legal authority for preparation of
the EIR, and the EIR process. The Project's complete CEQA process will be explained, including discussion
about the prior MND and the City's decision to prepare an EIR. The relationship of the Project to the
City's General Plan and General Plan EIR will be disclosed as well. This section will also identify other
applicable planning documents that apply to the Project area. In addition, the Introduction will identify
the Lead Agency (City of Newport Beach), Responsible Agencies, and/or Trustee Agencies (Regional
Water Quality Control Board). Future Project -related approvals and/or permits to allow construction and
operation of the Project also will be described.
Environmental Setting. The Environmental Setting will describe the Project's location, geographic and
physical setting, surrounding land uses, and the physical environmental conditions of the property as
they existed on the date of the EIR's NOP issuance. A brief overview of the environmental conditions of
the Project area also will be provided, including any unique or rare resources in the area (proximity to
Newport Say and the Pacific Ocean). In addition, a summary of the existing planning and policy context
will be presented, including the property's relationship to the General Plan, zoning, and other applicable
regional plans and policy documents. The Environmental Setting section will utilize information
identified in the MND's Environmental Setting section, but will be updated to include any changes to the
Project Site and surrounding area since the MND was prepared. The Environmental Setting section will
also include a more expansive discussion of the existing conditions for most environmental topics.
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Protect Description. The Project Description, which will be based on the Project Description prepared as
part of the IS/NOP and prior MND, will be used as the basis forthe impact analysis throughout the EIR.
Compared to the MND's project description, added elements will include a Development Agreement and
information about construction equipment staging. This section will include a brief description of the
Project's location and setting. This section also will identify the Project's objectives, which will form the
basis for subsequent analysis of Project alternatives. An extensive description of the proposed Project
will be included, including construction and operational details, and areas that would be impacted by off-
site improvements and construction. Finally, the Project Description will list the anticipated subsequent
approvals to construct and operate the proposed Project. Exhibits will be included in this section to
describe the Project proposal, taken directly from the Project's application materials on file with the City
of Newport Beach.
Environmental Analysis. The analysis of environmental effects section will address each environmental
issue required by CEQA, in the following general manner. The existing conditions/environmental setting
as it relates specifically to the environmental topic under evaluation will be described to establish a
baseline for conducting the environmental analysis. As necessary and appropriate, a description of key
terminology and concepts associated with the environmental issue area will be presented, followed by a
discussion of any regulatory requirements that may apply. Next, the significance criteria will be listed
and will be accompanied by a justification as to the appropriateness of the criteria selected for
evaluation. An analysis will then be presented for each significance criteria, and the analysis will provide
a clear description and conclusion as to the level of significance of Project impacts, prior to mitigation.
The analysis also will include a discussion of potential cumulative impacts, which are defined as those
which by themselves may not result in significant impacts but when combined with similar impacts from
existing, approved -but -not -yet -built or planned projects would be cumulatively significant. T&B Planning
rely on City staff to confirm the list of surrounding projects to be included in the cumulative impacts
analysis. For each significant impact identified, feasible and enforceable mitigation measures will be
presented. Finally, each chapter in this section will provide a conclusion as to the level of significance
following implementation of recommended mitigation measures.
This proposal assumes the following environmental issue areas will be addressed in the EIR: Aesthetics,
Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous
Materials, Noise, Land Use and Planning, and Transportation/Traffic. This assumption is based on the
previously prepared MND for the Newport Center Villas Residential Development Project and in
consideration of public comment received by the City on the MND.
Other CEQA Considerations. The EIR will summarize unavoidable impacts of the Project and will identify
whether or not the impacts will be mitigated to below a level of significance. The EIR also will disclose
significant irreversible environmental changes which would be involved in the proposed action should it
be implemented. A discussion of Growth Inducement will focus on elements of the proposed Project
that could potentially spur growth (and density intensification) in the area, such as the construction of a
seven -story building on a parcel in Newport Center that is immediately surrounded by lower -stature
buildings. This section also will contain a discussion of the Project's energy consumption in accordance
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with CEQA Guidelines Appendix F and determine if the Project would result in an inefficient or wasteful
use of energy.
Proiect Alternatives. The Project Alternatives section will be based on a description of reasonable
Project alternatives defined in consultation with City staff. Each alternative identified in this section will
be designed meet the Project's primary objectives while minimizing or eliminating significant
environmental effects associated with the proposed Project. For purposes of budgeting for this task, it is
anticipated that three (3) alternatives will be presented in the EIR, including the No Project Alternative
(retention of the site as a car wash with ancillary gas station). A subsection will be included in the Project
Alternatives analysis that identifies alternatives that were considered but not evaluated, which will
include a brief discussion of the reason(s) why these alternatives were not evaluated.
References. This required section will identify all reference sources used and persons contacted in order
to prepare the EIR.
T&B Planning will submit three (3) printed, bound copies and one (1) CD (Word and PDF files) of the First
Screencheck Draft EIR to the City for review and comment.
Sub -Task 7.2: Prepare Second Screencheck Draft EIR
Following City review of the First Screencheck Draft EIR, T&B Planning will revise the document to respond to any
comments or questions received from City staff and any comments or questions that the Applicant and/or its
legal counsel may pose to the City. This proposal anticipates that comments will be moderate in scope and
complexity. All document revisions will be indicated in highlight or strikeout/underline format. For the purpose
of creating a budget for this task, we anticipate that the City will not require substantial changes to the Project
Description or request substantial expansions to any technical studies prepared in support of the EIR.
Upon completion of the revised Screencheck Draft EIR, T&B Planning will submit one (1) printed, bound copy and
one (1) CD (Word and PDF files) of the Second Screencheck Draft EIR to the City for review and comment.
Following City review of the Second Screencheck Draft EIR document, it is anticipated that the City would clear
the EIR for public review. However, if the City requests a third review, T&B Planning would arrange a meeting
with appropriate City staff and Project team members to discuss the City's comments and recommend
appropriate ways to address their concerns. Additional budget would be required to revise the Screencheck
Draft EIR should a third review of the document be necessary.
Sub -Task 7.3: Prepare Mitigation, Monitoring, and Reporting Program (MMRP)
T&B Planning will prepare a Mitigation Monitoring and Reporting Program (MMRP) in accordance with State law
and City requirements to ensure implementation of mitigation measures, standard conditions, and Project design
features assumed in the EIR's analysis of impacts. The MMRP will be provided as part of the First Screencheck
Draft EIR. The MMRP will identify the conclusions drawn by the EIR, identify the level of impact significance for
each significance threshold, and list every Project requirement and mitigation measure listed in the body of the
EIR, with the implementation timing and responsible parties noted. T&B Planning staff is experienced in
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preparing practical, easily -implemented mitigation monitoring plans for a wide range of mitigation requirements.
This proposal includes one round of moderate revisions to the MMRP in strikeout/underline format based on
comments provided by City staff.
Sub -Task 7.4: Prepare Public Review Draft EIR
Upon receiving City authorization to publish the Draft EIR, T&B Planning will prepare and print for public
distribution the Public Draft EIR and its Technical Appendices per City direction and State requirements. T&B
Planning will provide the City with up to 50 printed, bound copies of the Public Review Draft EIR (with Technical
Appendices on CD), as well as 35 CDs (PDF file only) with the Public Review Draft EIR and Technical Appendices.
This proposal assumes that the City will post the EIR on its website and prepare an advertisement for publication
in the local newspaper as required by CEQA and ensure publication of the newspaper advertisement. We also
assume that the City will conduct the mailing; if T&B Planning is requested to conduct the mailing, additional
budget will be required.
During the 45 -day review period, written public comment will be directed to the City. We recommend that the
City forward copies of the comment letters to T&B Planning as they are received, and then send us the complete
set of original letters at the close of the public comment period. If any comments necessitate an expanded scope
of analysis in the Final EIR, we will immediately evaluate our scope -of -work and notify the City.
Sub -Task 7.5: Prepare Draft Responses to Public Comments and Draft Final EIR
Upon completion of the 45 -day public review period, T&B Planning will prepare written responses to all
comment letters received. All comments received in response to the Public Review Draft EIR will be discussed
with City staff as necessary and an approach to the responses will be agreed upon prior to preparation of the
draft Responses to Comments. The draft Response to Comments will be submitted to the City for review and
approval. The budget for this task assumes that up to 96 hours of T&B staff time will be required in order to
respond to each of the comments received on the Draft EIR.
Concurrently, we also will identify revisions to the Draft EIR that were made as part of the Final EIR in an Errata
table. These revisions would be necessary to clarify or amplify information to reflect the draft Response to
Comments. If any public comments necessitate an expanded scope of analysis in the Final EIR or additional
technical analysis, T&B Planning will immediately evaluate our scope -of -work and notify the City. A new section
"Final EIR" will be drafted to document the public review process for the EER, summarize the comment letters
received, and identify the nature, location, and reason for any and all revisions incorporated into the final
document. This new section also will provide a discussion and rationale for why recirculation of the Public
Review Draft EIR for an additional 45 -day public review period is not required pursuant to CEQA Guidelines
Section 15088.5.
One (1) CD with the first draft of the Response to Comments and draft Final EIR will be submitted to the City for
review. Following receipt of comments from City staff and any comments or questions that the Applicant and/or
its legal counsel may pose to the City, T&B Planning will incorporate revisions to the draft Response to
Comments and draft Final EIR and re -submit the documents for a second iteration of City review.
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Following the City's second review of the draft Response to Comments and draft Final EIR, it is assumed that the
document will either be approved by City staff for consideration by the Planning Commission, or that only minor
revisions would be necessary. Major revisions are not expected, nor budgeted.
Sub -Task 7.6: Prepare Findings of Fact and Statement of Overriding Considerations
Using a format supplied by the City of Newport Beach, T&B Planning will prepare the CEQA documents required
for the Final EIR public hearings, including the draft Statement of Overriding Considerations (if required) and the
Section 15091 CEQA Findings of Fact (requiring a summary of each effect, identification of one or more of the
required CEQA findings, listing of the associated mitigation measures, and the rationale for implementing the
measures). This document will be submitted to the City for review and approval via CD (Word and PDF format).
Following review of the first draft, it is anticipated that the City may request minor revisions to clarify or expand
on the findings and/or rationale for adopting a Statement of Overriding Considerations. The budget for this task
assumes one round of revisions to the Findings of Fact/Statement of Overriding Considerations.
Sub -Task 7.7: Prepare Final EIR
Pursuant to receiving the City's approval of the Response to Comments, T&B Planning will finalize the draft Final
EIR document and will produce 25 printed, bound copies (with Technical Appendices on CD) and 25 CDs (PDF
format) for use by the decision makers during the public hearing stages. Additionally, a minimum of ten (10)
days before public hearings, T&B Planning will coordinate with the City to ensure that copies of the Responses to
Comments have been distributed to all Responsible and Trustee Agencies that commented on the Public Review
Draft EIR via certified mail. The budget for this proposal anticipates that the City will conduct the mailing.
Sub -Task 7.8: Proiect Management and Meeting Attendance
This task covers coordination tasks associated with T&B Planning's work, including time spent by T&B Planning
preparing/updating Project schedules and all external coordination including but not limited to communication
via phone, e-mail, letter, memo, and/or web -based conferencing with City staff, public agencies, legal counsel,
Project Applicant representatives, and the technical report preparers (as needed).
Sub -Task 7.9: CEQA Public Notice Coordination
T&B Planning understands that City staff will prepare, distribute, and file all CEQA-required public notices for the
Project, including the Notice of Preparation (NOP), Notice of Availability (NOA), and Notice of Determination
(NOD). During City staff's preparation of the draft CEQA-required public notices, T&B Planning will review the
draft notices for CEQA compliance adequacy. If revisions are required to any public notice to comply with CEQA,
T&B Planning will send recommended revisions to City staff via electronic mail.
Sub -Task 7.10: Attend Public Meetings & Hearings
A T&B Planning Principal (Tracy Zinn) or Senior Project Manager (Shawn Nevill) will attend an EIR Scoping
Meeting and up to three (3) public hearing before City of Newport Beach decision-making bodies. The budget
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from the original contract includes unused budget allocated for attendance at two (2) hearings. T&B Planning
will utilize the remaining budget for attendance at two (2) public hearings. The budget for this task includes time
preparing for, attending, and traveling to/from two (2) additional public meetings and public hearings, which will
be billed on a Time and Materials basis against the not -to -exceed budget for this task. if less time is required, we
will only bill for the time actually spent. If preparation time required exceeds three (3) hours per hearing or if the
public hearing is longer than four (4) hours, the additional time will be billed against Sub -Task 7.8. A brief
PowerPoint presentation is budgeted to present the EIR. In the event that T&B Planning's attendance is required
at more than one (1) public hearing (in addition to the two previously budgeted in the original contract),
additional budget may be required.
Sub -Task 7.11: Compilation of Administrative Record
Before the Draft EIR is released for public review, and again prior to first public hearing, T&B Planning will
prepare a comprehensive electronic record of all relevant documentation in our possession for transfer to the
City as part of the Administrative Record. Relevant documentation will include final versions of the Draft EIR
(before public review), Final EIR (before first public hearing), supporting technical reports, all information sources
cited in the EIR's references section, and pertinent written correspondence related to the EIR analysis
methodologies and findings. The budget for this task assumes that up to 48 staff hours will be necessary to
prepare the Administrative Record. However, if less time is required, TO Planning will only bill for the time
actually spent. T&B Planning will provide the City with one (1) CD containing these materials for inclusion in the
Administrative Record.
Sub -Task 7.12: Document Publishing and Coordination
Work conducted under this task includes compilation of the First Screencheck EIR, Second Screencheck EIR,
Public Review Draft EIR, Final EIR and Findings of Facts/Statement of overriding Considerations for printing and
distribution. These documents are required to be distributed in both electronic and hard copy formats. Work
efforts include creating master PDFs, burning documents to CDs, creating custom CD labels, coordinating hard
copy printing, and document distributions via mail, delivery service, or other methods.
www. Lb p] anning.com
PLANNING I DESIGN I ENVIRONMENTAL j GRAPHICS
Rc,iscd 7015-07-10
14-16
EXHIBIT B
SCHEDULE OF BILLING RATES
T&B Planning, Inc. Page B-1
14-17
.I
First Amendment to Contract
Newport Center Villas
P L A N N I N G November 9, 2015
Budget
The proposed budget provided in this proposal includes labor fees as well as reproduction, delivery and other
reimbursable related costs. The budget required for these additional services is provided below.
Task
Task 6 : Prepare Initial Study and Notice of Preparation
TOTAL
COST
Sub -Task 6.1: Prepare Initial Study and NOP
Sub -Task 6.2: Evaluate NOP Comment letters
$ 3,955.00
$ 1,850.00
Task 6 Subtotal
$ 5,805.00
Task 7: Prepare Environmental Impact Report
Sub -Task 7.1: Prepare First Screencheck Draft EIR
Sub -Task 7.2: Prepare Second Screencheck Draft EIR
Sub -Task 7.3: Prepare Mitigation, Monitoring, and Reporting Program (MMRP)
Sub -Task 7.4: Prepare Public Review Draft EIR
Sub -Task 7.5: Prepare Draft Responses to Public Comments and Draft Final EIR
Sub -Task 7.6: Prepare Findings of Fact and Statement of Overriding Considerations
Sub -Task 7.7: Prepare Final EIR
Sub -Task 7.8: Project Management and Meetings
Sub -Task 7.9: CEQA Public Notice Coordination
Sub -Task 7.10: Attend Public Meetings and Hearings
Sub -Task 7.11: Compilation of Administrative Record
Sub -Task 7.12: Document Publishing and Coordination
$ 44,840.00
$ 8,750.00
$ 1,170.00
$ 2,050.00
$ 11,940.00
$ 4,000.00
$ 2,410.00
$ 5,150.00
$ 1,450.00
$ 4,Soo.00
$ 3,895.00
$ 4,400.00
Task 7 Subtotal
$ 94,555.00
LABOR FEES
$100,360.00
REIMBURSABLE COSTS:
TOTAL r
$22,442.00
$122,802.00
The budget identified above includes the following deliverables:
• Initial Study: One (1) electronic copy (Word and PDF) and thirty-five (35) hard copies (appendices on
CD)
• First Screencheck Draft EIR: One (1) electronic copy (Word and PDF) and three (3) hard copies
(including the appendices).
• Second Screencheck Draft EIR: One (1) electronic copy (Word and PDF) and three (3) hard copies
(Note: Hard copies of the appendices will only need to be provided if they have changed).
• Public Review Draft EIR: Fifty (50) hard copies (appendices on CD) and thirty-five (35) CD copies.
• Draft Final EIR: One (1) electronic copy (Word and PDF).
www.rbpIanning.com
PLANNING DESIGN I ENVIRONMENTAL i GRAPHICS
Revised 2015-03-10
14-18
.I
First Amendment to Contract
Newport Center Villas
P I, N N I N c November 9, 2015
• Final EIR: Twenty-five (25) hard copies (appendices on CD) and 25 CD copies.
• Findings of Fact/Statement of Overriding Considerations: One (1) electronic copy (Word and PDF).
These services shall be provided for an estimated fee of $.122,802.00, which shall increase the total
Agreement budget from $49,645.00 to $172,447.00, excluding prepaid expenses.
CLIENT hereby authorizes T&B Planning to proceed with the work herein described and T&B Planning agrees
it shall provide such services in a timely and efficient manner. If the job is canceled prior to completion,
CLIENT agrees to pay for that portion of work performed prior to cancellation.
IN WITNESS WHEREOF, the parties to this Agreement have executed this agreement effective as of
the date and the year first above written.
T&B PLANNING, INC.
a California Corporation
By:
JMN
Tracy Zinn
Its:
Vice President
Dated:
November 9, 2015
Revised 2015-03-I0
CITY OF NEWPORT BEACH
By
Its:
Dated:
www. tbpIanning.coin
PLANNING 1 DESIGN I ENVIRONMENTAL I GRAP141CS
14-19
Attachment B
Current Professional Services Agreement with T&B Planning
14-20
C-6103
PROFESSIONAL SERVICES AGREEMENT
WITH T&B PLANNING, INC. FOR
NEWPORT CENTER VILLAS CEQA
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 5th day of May, 2015 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
T&B PLANNING, INC., a California corporation ("Consultant"), whose address is 17542
East 17th Street, Suite 100, Tustin, California 92780, 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 prepare an Initial Study and Mitigated
Negative Declaration in accordance with California Environmental Quality Act
(CEQA) requirements for the Newport Center Villas Project ("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, 2015, 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
14-21
included in 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 Forty Nine
Thousand Six Hundred Forty Five Dollars and 00/100 ($49,645.00), 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
T&B Planning, Inc. Page 2
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not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Shawn Nevill 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.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department — Planning Division. 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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first-
class firms performing similar work under similar circumstances.
T&B Planning, Inc. Page 3
14-23
8.2 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 requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 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.
8.4 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 and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
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.
T&B Planning, Inc. Page 4
14-24
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. 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
T&B Planning, Inc. Page 5
14-25
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 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.
T&B Planning, Inc. Page 6
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17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
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
T&B Planning, Inc. Page 7
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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.
T&B Planning, Inc. Page 9
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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 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 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, 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 of race, religion, color, national origin, handicap,
ancestry, sex, 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]
T&B Planning, Inc. Page 10
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORJVEY'S OFFICE
Date: S/ 5- // r
By.
Aaron C. p c,M ovloslir
City Attorney
ATTEST: �` 1� 1r -
Date: ;ill
By: ` r %--
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a Californiaun cipal corpo
Date: 0 ration
pis
By:,47 WW 7X/ a AgY-L r
Kimberly Brandt, AICP
C,omr�unity Development D
CONSULTANT: T&B Planning, Inc., a
California corporation
Date:_ --__.15- 12- Z(A C�
By:
TradWinn, AIC
Vice President
Date: .5-- 11-Z'Al �r
Q�
[END OF SIGN URES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
T&B Planning, Inc.
Page 11
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T&B Planning, Inc. Page A-1
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1
TListin, CA I San Diego, CA I Nlurrysville, PA JN: 923-006
P 1 A N N I N G 17542 East 17rh Street, Suite 100 Tustin, CA 92780 p714.505.6360 f%14.505.6361
March 17, 2015 [REVISED March 31, 2015]
CITY OF NEWPORT BEACH
Community Development Department, Planning Division
c/o Makana Nova, Associate Planner
3300 Newport Boulevard, Building C
Newport Beach, CA 92663
RE: PROPOSAL TO PROVIDE CEQA CONSULTING SERVICES FOR THE NEWPORT CENTER VILLAS PROJECT (PA2014-213)
Dear Ms. Nova:
T&B Planning, Inc. is pleased to submit this proposal to serve as the California Environmental Quality Act
(CEQA) consultant for the "Newport Center Villas" project. As you may know, T&B Planning has previously
served as the City of Newport Beach's CEQA consultant on three occasions, for the Balboa Marina West
MND, the Lido Villas Residential MND, and the North Newport Center Community Development Plan
Amendment EIR Addendum. We look forward to the opportunity to continue our working relationship
with the City.
As specified by the City's Request for Proposal (RFP) dated February 24, 2015, this proposal includes a
scope of work, estimated timeframe, and budget for the preparation of an Initial Study (IS) and Mitigated
Negative Declaration (MND) for the proposed 49 -Unit Residential Condominium project, located at 150
Newport Center Drive, in the Fashion Island area of Newport Beach.
T&B Planning has been in business since 1974 and has proudly served many public and private sectors
clients throughout our 41 -year history. We have extensive experience managing the CEQA compliance
process and preparing comprehensive and legally defensible CEQA documents. The enclosed exhibits
concisely set forth our professional methodology for completing the proposed services in a timely and
efficient manner.
• Qualifications — SECTION A
• Scope of Work — SECTION B
• Estimated Schedule and Project Budget — SECTION C
• Hourly Rates and Billing Policy —SECTION D
• Project Managers' Resumes—SECTION E
The business philosophy at T&B Planning is for our Principals and Senior Managers to be directly involved
in project management. For this project, Randy Nichols will serve as Senior Project Manager and Tracy
Zinn will be Principal -in -Charge. We will be supported by our in-house staff of environmental analysts
and graphics specialists. TJW Engineering will serve as the technical expert for preparation of a limited
traffic analysis. Urban Crossroads, Inc. will serve as the technical expert for preparation of a focused air
www.tbplannitig.com
PLANNING ! DESIGN ( ENVIRONMENTAL l GRAPHICS
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Proposal for City of Newport Beach -Newport Center Villas Project
OR March 17, 2015
Page 2 of 2
P L A N N I N G
quality study and a greenhouse gas emissions analysis to confirm that construction phase and long-term
emissions would be below SCAQMD significance thresholds, and to evaluate the Project's GHG footprint
with respect to the SCAQMD's recommended project -level threshold and consistency with the City's
Energy Action Plan.
Thank you for your time and careful consideration. We look forward to working with the City of Newport
Beach and the project applicant. If you should need any additional information, please contact Tracy Zinn
at (714) 397-4224, or via email at tzinn@tbplanning.com or Randy Nichols at (714) 505-6360 X 155, or via
e-mail at rnichols@tbplanning.com.
Sincerely,
T&B PLANNING, INC.
Tracy Zinn, AICP
Vice President
www.tbplanning.com
PLANNING j DFSIGN I ENVIRONMFNTAL I GRAPHICS
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Proposal for City of Newport Beach -Newport Center Villas Project
SECTION B: SCOPE OF WORK P t J
SCOPE OF WORK
Based on information provided in the City's RFP dated February 24, 2015, it is our understanding that the project
applicant is seeking to redevelop the property located at 150 Newport Center Drive. Under existing conditions,
the approximately 1.3 -acre site contains a car wash and a gasoline fueling station. The project applicant is
seeking to demolish the existing site improvements and develop 49 condominium dwelling units and related site
improvements.
The City is processing the following applications for the proposed project: General Plan Amendment, Zoning
Code Amendment, Planned Community Development Plan, Site Development Review, Tract Map, and
Development Agreement. The General Plan Amendment would change the site's land use designation from CO-
R (Regional Commercial Office) to RM (Multi -Unit Residential). The Zoning Code Amendment would change the
zoning designations from OR (Office Regional Commercial) to establish development standards for a planned
community development plan classification over the entire project site. The Planned Community Development
Plan would create the proposed development plan, in accordance with the proposed zoning standards, for 49
new condominium units. This would also involve issuance of a waiver of the minimum site area of 10 acres, and
authorize an increase in the height limit to 87 feet. The Site Development Review would authorize construction
of 49 multi -family dwelling units, in accordance the Planned Community Plan. The Tentative Tract Map would
create an air space subdivision for the proposed 49 -unit condominium project. The Development Agreement
would authorize certain development rights beyond the 450 residential units identified in Table LU2, per Land
Use Policy 6.14.8 (Development Agreements) of the General Plan, in exchange for public benefits.
Key environmental concerns identified by City staff include aesthetic impacts associated with a much taller
building on this site, the change from commercial to residential land use, and possibly issues involving
remediation of hazardous materials associated with the existing gas station. Due to the relatively deep
excavation required to construct three levels of subterranean parking, there may also be issues of concern with
respect to geological or soils constraints and required construction methods. It is our understanding that the
proposed project would not generate sufficient net new vehicle trips to trigger a standard traffic impact
assessment involving analysis of intersection levels of service, but the City does want a review of the existing trip
generation and an evaluation of the design of the proposed site access points, based on the projected amount
of traffic generated by the 49 condominium homes.
The City of Newport Beach will retain the services of a CEQA consultant to prepare the appropriate CEQA
compliance document(s) on behalf of the City and manage the CEQA process in compliance with City procedures
and California state law. Based on the assumption that all environmental effects associated with the project
would be less than significant or mitigated to a level below significance, City staff has determined that a
Mitigated Negative Declaration (MND) will be required. Thus, this proposal provides a scope of work and
budget for the preparation and processing of a MND in support of the project.
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Proposal for City of Newport Beach -Newport Center Villas Project
SECTION B: SCOPE OF WORK
Provided below is T&B Planning's proposed Scope of Work. Please note that the Scope of Work described below
will likely not be undertaken chronologically as presented. To expedite the schedule, there may be considerable
overlap on the timing of each task. Additionally, all meetings and coordination efforts are included under Task
4.1, although these efforts will occur throughout the entire scope of work. Refer to SECTION C, Estimated
Schedule and Project Budget.
It is our understanding that application materials and several technical studies have been or will be prepared by
the project applicant and will be provided to T&B Planning for use in preparing the project's MND. Technical
studies and support documents noted in our telephone conversation with the City include: Vicinity Map, Project
Description, Project Plans and Visual Perspectives, Planned Community Development Plan, Preliminary Water
Quality Management Plan, Preliminary Geotechnical Feasibility Study, and Phase I and Phase II Environmental
Site Assessments. The adequacy of these plans and reports for the purpose of the assessment of environmental
impacts in the CEQA document has not been determined, and these materials may need to be revised to provide
sufficient information and analysis. T&B Planning will review these materials and provide the City with
recommendations on any supplemental information that may be deemed necessary to support the IS/MND. We
will conduct a field visit and collect GPS -referenced photographs to confirm that the project site is not visible or
minimally visible within important viewing corridors identified in the City's General Plan. As part of this
proposal, T&B Planning will contract with Urban Crossroads, Inc., for the preparation of an air quality study and
an analysis of the project's greenhouse gas footprint, and will contract with TJW Engineering, Inc. for
preparation of a limited traffic study. The scope of work and budget provided below assume that no additional
technical studies would be required to support the IS/MND. If such studies are determined necessary, we will
revise our scope of work and budget as necessary and appropriate.
TASK 1: PREPARE SCREENCHECK ISIMND
Sub -Task 1.1 Research, Data Acquisition, and Review
During this task, T&B Planning will collect and review applicable information about the proposed project and
environmental conditions of the subject property to gain a basic, working knowledge of the project site. T&B
Planning will conduct a cursory field visit and take photographs to document existing site conditions,
surrounding development, visibility of the site from public roads and General Plan view corridors, and other
aspects of the site's physical and environmental setting that will warrant consideration in the environmental
analysis. The photos will be GPS -referenced and will be used as the baseline for analysis in the MND and the
aesthetics evaluation as required by CEQA.
Sub -Task 1.2 Prepare Project Description
Prior to initiating any substantive work and following Sub -Task 1.1, T&B Planning will prepare a formal Project
Description to be used throughout the CEQA compliance process. The Project Description will include both text
and exhibits and describe the proposed project and its associated applications and characteristics. We expect
that a majority of the exhibits will be taken from the application materials, with minimal graphic manipulation
work required by T&B Planning to support the CEQA process. If application materials are revised after the
Project Description is prepared, additional budget would be required for Project Description updates.
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Proposal for City of Newport Beach -Newport Center Villas Project
SECTION B: SCOPE OF WORK
Sub -Task 1.3 Prepare Screencheck IS/MND
T&B Planning will prepare a Screencheck IS/MND using the CEQA Environmental Checklist Form. The Draft
IS/MND will include:
• Introduction. The Introduction will explain the purpose of the MND, describe the format and content of the
MND, and provide an overview of CEQA requirements for preparation and processing of MNDs;
• Environmental Setting. The Environmental Setting will identify the project's location and describe the
physical environmental conditions in the vicinity of the project site, including, but not limited to: site access;
site conditions; existing and surrounding land uses; and existing environmental characteristics (e.g.,
hydrology/drainage, etc.); and
• Proiect Description. The Project Description will provide a description of the Project and future discretionary
and/or ministerial approvals needed to implement the project, and the project's construction and
operational characteristics. It is anticipated that a majority of the text within this section will be taken from
the Project Description prepared as part of Sub -Task 1.2.
• Environmental Analysis. This section will include:
— Statement of the purpose and scope of the IS;
— Disclosure of the Lead Agency and any other public agencies that must approve the project;
— Description of the proposed discretionary actions;
— Description of the project's characteristics;
— Description of the project's location;
— Overview of existing site and surrounding conditions/environmental setting;
— Examination of project consistency with the site's proposed zoning, plans, and any other applicable land
use controls;
— List of references used;
— Environmental evaluation by CEQA subject area (Environmental Checklist);
— Review of pertinent sections of the Newport Beach General Plan and General Plan EIR
— Determination as to the required type of CEQA document.
The Environmental Checklist and Responses to Environmental Checklist will be the primary work effort for this
task. The Responses to Environmental Checklist section will contain a thorough analysis and determine the
significance of impacts to the following environmental resources.
— Aesthetics
— Air Quality
— Geology/Soils
— Greenhouse Gas Emissions
— Hazards and Hazardous Materials
— Hydrology & Water Quality
— Land Use and Planning
— Noise
— Population and Housing
— Public Services
— Recreation
— Transportation/Traffic
— Utilities/Service Systems
— Mandatory Findings of Significance
Because the site is fully developed, we anticipate that only nominal analysis will be required for: Agriculture and
Forestry Resources; Biological Resources; Cultural Resources; and Mineral Resources.
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Proposal for City of Newport Beach -Newport Center Villas Project
SECTION B: SCOPE OF WORK
Each of the environmental issue areas will be assigned a significance rating of "No Impact," "Less than Significant
Impact," or "Less than Significant with Mitigation Incorporated." For each issue area, a detailed rationale will be
provided within the Responses to Environmental Checklist section to provide substantive evidence for the
conclusion drawn. Where necessary, mitigation measures will be identified to reduce any potentially significant
impacts to a level below significant. References will be cited and relied upon as appropriate.
Sub -Task 1.4 Revise Screencheck IS/MND
At the completion of Sub -Task 1.3, T&B Planning will supply a copy of the IS/MND to the City of Newport Beach
and meet with City staff to discuss the outcome of the IS and the recommended type of CEQA document, which
for purposes of this proposal, is assumed to be an MND. One round of revision to the Screencheck IS/MND is
budgeted to respond to all reasonable comments made by City staff. If additional revisions are required, they
will be addressed as part of our Sub -Task 2.1 work efforts.
TASK 2: PREPARE MMRP, PLTBLIC REVIEW DRAFT MND, AND FINAL MND
This proposal assumes that the results of the IS/Environmental Checklist will determine that all project -related
impacts are either less than significant, or would be reduced to a level below significant with the incorporation
of mitigation measures. In the event that the analysis conducted pursuant to Sub -Task 1.3 identifies impacts
that cannot be mitigated to a level below significant, then an Environmental Impact Report (EIR) would be
required. Preparation of an EIR is not accounted for by this Scope of Work, and is not anticipated to be needed.
Sub -Task 2.1 MMRP
As part of the IS/MND, T&B Planning will clearly identify all significant impacts and recommend feasible
mitigation measures to reduce those impacts to below a level of significance. T&B Planning also will prepare a
Mitigation Monitoring and Reporting Program (MMRP) in accordance with State law and City of Newport Beach
requirements to ensure implementation of mitigation measures, standard conditions, and project design
features required as part of specific project approvals. The MMRP will be provided to the City for review. One
round of revision to the MMRP is budgeted to respond to all reasonable comments made by City staff. We
anticipate that one review cycle will be sufficient; however, if the City requests a second review, T&B Planning
would arrange a meeting with the appropriate City staff to discuss the City's comments and recommend
appropriate ways to address any concerns.
Sub -Task 2.2 Prepare Public Review MND for Distribution
Upon receiving the City's authorization to finalize the Draft MND, T&B Planning will prepare and print the
document for public distribution and work with City staff to compile the MND's distribution mailing list. This
proposal assumes that the applicant's Title Company will provide mailing labels for property owners within the
City's required notification radius. This proposal also assumes that the City of Newport Beach will provide their
standard public agency notification list as a basis from which to compile the MND's distribution mailing list. T&B
Planning will conduct the required mailing, in both hard copy and electronic (CD) formats. It is assumed that a
majority of recipients would receive either only a Notice of Intent (NOI), or copies of the MND on CDs, with
minimal hard copies needed. The MND will be packaged with all of the supporting technical studies serving as
MND Appendices. For purposes of budgeting, it is assumed that all supporting technical studies will be provided
in electronic format on CDs, and that there would be no more than 25 recipients of the draft MND document (in
CD format with hard copies supplied for public libraries and City use). As part of this task, T&B Planning also will
prepare the CEQA-required Notice of Intent (NOI) to adopt a Mitigated Negative Declaration.
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Proposal for City of Newport Beach -Newport Center Villas Project 1
SECTION B: SCOPE OF WORK r J
Sub -Task 2.3 Consider Public Comment on MND
Upon completion of the public review period, T&B Planning will review all comment letters, and evaluate the
MND for CEQA adequacy in consideration of the submitted comments. In response to letters of comment,
revisions may be necessary to the MND which will be discussed with the City and authorized prior to changes
being made to the document. For purposes of this proposal, our budget assumes that only minor MND changes
would be necessary to prepare the Final MND for consideration by City decision -makers. Formal written
responses to comments are not required by CEQA for a MND; nonetheless, we have budgeted to supply written
responses for up to 20 substantive comments.
Sub -Task 2.4 Prepare Final MND and Notice of Determination (NOD)
T&B Planning will prepare a Final MND in the form of an Errata Table of Changes/Additions to the Draft MND for
review and approval by City staff. Pursuant to receiving the City's approval, T&B Planning will package the Final
MND with the Draft MND for use by the decision makers during the public hearing stages.
After adoption of the MND by the City Council, T&B Planning will prepare a Notice of Determination (NOD) form
pursuant to Section 15075 of the State CEQA Guidelines. Once reviewed and approved by City staff, T&B
Planning will post the NOD with the County Clerk and submit the required fees. We expect a check for the filing
fees to be supplied by the project applicant. Timely filing of the NOD (within five (5) working days of final
decision) reduces the statute of limitations on court challenges to the approval under CEQA to 30 calendar days.
TASK 3: PREPARE TECHNICAL STUDIES
Based on the information provided in the RFP, it is our understanding that all CEQA-required technical studies
will be provided by the Project Applicant, with exception of a traffic study, an air quality study and an
assessment of the project's greenhouse gas emissions. Urban Crossroads, Inc., will prepare the assessment of
air quality and GHG impacts, as a subconsultant to T&B Planning. The Traffic Study will be prepared by TJW
Engineering, as a subconsultant to T&B Planning. Additional technical studies that may be required in support of
the project are not budgeted at this time.
The scopes of work for the air quality, greenhouse gas and traffic impact studies are summarized below. The
budget for these tasks assumes one (1) round of revisions to a first draft report address both topics, based on
comments provided by the City or Project Applicant.
Sub -Task 3.1 Air Quality and Greenhouse Gas Emissions Impact Analyses
Existing air quality conditions will be documented and described, along with the impact significance thresholds
recommended by the South Coast Air Quality Management District (SCAQMD). Emissions associated with the
existing car wash and gasoline fuel island activities will be estimated and compared to emissions that would be
generated by the proposed project. Project impacts will be assessed based on the net increase in criteria
pollutant emissions, compared to the SCAQMD localized and regional emissions thresholds. Impacts will be
assessed for construction activities and for the long-term operations of the completed project.
Greenhouse gas emissions (GHGs) associated with the existing car wash and gasoline fuel island will be
quantified and compared to the levels of GHGs associated with construction and operations of the proposed
project. Net new GHGs will be examined for a determination of significance with respect to SCAQMD's
recommended interim thresholds for project -level assessments, and with respect to GHG reduction measures
identified in the City's Energy Action Plan and General Plan EIR.
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Proposal for City of Newport Beach -Newport Center Villas Project
SECTION B: SCOPE OF WORK
Urban Crossroads will submit one draft report, respond to one set of review comments by T&B and City staff,
and then submit a final report.
Sub -Task 3.2 Traffic and Site Access Study
TJW Engineering, Inc., as a subconsultant to T&B Planning, will prepare a limited analysis of the project's trip
generation and site access features, based on direction provided to TJW by Mr. David Keely of the City's Public
Works Department. The proposed scope of work includes collecting peak hour traffic counts for the existing
land uses over a consecutive three day weekday period, then calculating the project's net new traffic
generation. If the Applicant provides sufficient existing traffic count data, collection of the three days of peak
hour counts will be eliminated from TJW's scope of work and budget. An analysis of the proposed site access
locations and design features will be conducted, based on a 24-hour average daily traffic count to be taken by
TJW on Anacapa Drive, adjacent to the project site. Site access will be analyzed with respect to turning volumes
at the proposed Anacapa Drive driveways, based on 2010 Highway Capacity Manual methodology, and will also
address sight distance considerations. Access design features will be evaluated with respect to standard
engineering design factors and any standard specifications established by the City of Newport Beach. TJW will
respond to one consolidated set of review comments by T&B Planning and the City, and will prepare a final
memorandum documenting results of the field work, traffic counts, trip generation calculations, site access
recommendations.
TASK 4: MEETINGS, HEARINGS, AND PROJECT MANAGEMENT
It is our intent to anticipate the meetings, hearings, coordination and correspondence which might be required
as part of this task. However, because working on entitlement projects is so often "reactive," it is impossible to
know exactly what work will be needed. Therefore, while we have provided budgets for each of the tasks
below, these budgets should be considered estimates only, because all work performed under this Phase of
work by T&B Planning will be on a Time and Materials basis in accordance with our HOURLY RATES AND BILLING
POLICY, which is included herein within SECTION D. Certain tasks can be anticipated and have been identified, but
we also realize that a client's needs sometimes require additional meetings, unanticipated correspondence, etc.
As the work efforts associated with these tasks are identified, we can provide updated budget estimates for
their completion.
Sub -Task 4.1 Meetings, Correspondence, and Coordination
All time spent by T&B Planning in attending meetings, preparing/updating project schedules, or in
coordinating/communicating via phone, e-mail, letter and/or web -based conferencing with City staff, public
agencies, the project proponent, and technical consultants (as needed) will be billed on a Time and Materials
basis against the budget for this task. As part of this Sub -Task, T&B Planning also will provide quality control
services for the project's air quality and GHG reports, and for critical review of technical studies prepared for the
Applicant. Accordingly, we will review the various supporting documents prepared for the Applicant to
determine if sufficient information and analysis is provided to support our response to the Initial Study Checklist
questions. If we should identify additional information needs, the Applicant will direct their consultants to
provide that information, to the satisfaction of City staff and T&B Planning.
In addition, T&B Planning will prepare and submit the appropriate application form with the CDFW to request a
waiver of their filing fee under the "No Effect Determination" provision. Attendance by a T&B Planning Principal
or Senior Project Manager at up to two (2) meetings with City staff also is included in the budget for this sub -
task. The amount of effort required for this task is highly dependent on the level of controversy that may arise
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Proposal for City of Newport Beach -Newport Center Villas Project
SECTION B: SCOPE OF WORK
over the course of the project. The actual number of hours associated with this task may be higher or lower
than the estimated budget; which is set at $6,475.00. We will only bill for the actual number of hours required
for this task. Attendance at Public Hearings is budgeted separately as part of Sub -Task 4.2.
Sub -Task 4.2 Public Hearings
A T&B Senior Project Manager will attend up to three (3) public hearings before the City Planning Commission
and City Council. If additional public hearings are required, then attendance at such hearings will instead be
invoiced based on the additional hours and expenses involved.
Sub -Task 4.3 Publication and Print Coordination
This sub -task covers work efforts that are required to prepare, publish, and quality -control proofread the IS and
MND and other materials for review and distribution, as hard and/or electronic copies. As per the request of
the City's RFP for this project, T&B Planning will provide electronic copies of the draft and complete MND and 14
hard copies prior to public hearings.
The actual number of hours associated with this task may be higher or lower than the estimated budget;
however, we will only bill for the actual number of hours required.
Sub -Task 4.4 Administrative Record (Optional Task; Not Budgeted)
if requested by the City, T&B will be provide an administrative record of reports and communications pertaining
to the preparation of the MND. This would facilitate the City's efforts to comply with requests for such a record
in the event of a legal challenge or satisfy the City's desire to maintain this documentation as a matter of
practice. This task is described below.
Before the Draft MND is released for public review, and again before the first public hearing, T&B Planning will
prepare a comprehensive electronic record, with a corresponding index, of all relevant documentation in our
possession for transfer to the Lead Agency as part of the Administrative Record. Relevant documentation will
include final versions of the Initial Study/NOP, Draft MND (before public review), Final MND (before first public
hearing), supporting technical reports, all information sources cited in the MND's references section, and
pertinent written correspondence related to the MND analysis methodologies and findings. T&B Planning will
provide the Lead Agency with one (1) CD containing these items for the Administrative Record.
TASK 5: REIMBURSABLE COSTS
Sub -Task 5.1 Reimbursable Costs
The following provides an estimate of the direct costs that are anticipated to be incurred in association with the
project, based on the Scope of Work described herein and the expected number of document pages and copies
that will be required. Reimbursable fees will be billed at -cost.
Sub -Task I Deliverable Item
Quantity I
Unit Cost
Total Cost
1.2 Project Description (Electronic Only)
N/A
N/A
N/C
1.3 Hard Copies 1st Screencheck IS (b/w)
3
$35.00
$105.00
CDs containing IS'
3
$10.00
$30.00
2.1 Hard Copies MND/MMRP (b/w)
3
$40.00
$120.00
CDs containing MND
3
$10.00
$30.00
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EXHIBIT B
SCHEDULE OF BILLING RATES
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Proposal for City of Newport Beach -Newport Center Villas Project
SECTION C: ESTIMATED SCHEDULE AND PROJECT BUDGET 1
ESTIMATED SCHEDULE AND PROJECT BUDGET
The following provides an estimate of costs that are anticipated to be incurred in association with the project, based on the Scope of Work described
herein. The timing of Subtasks 1.1- 1.4 and Task 3 run concurrent. We will deliver the Draft Initial Study to the City of Newport Beach approximately six
(6) weeks after initiation of our work.
Task
Task Description
Staff Type
Hourly Rate
Staff Hours
fee
Schedule -
TASK 1
PREPARE SCREENCHECK INITIAL STUDY/MITIGATED NEGATIVE DELCARATION
6 WEEKS
1.1
Research, Data Acquisition, and Review
Senior Project
Manager
$125.00
8.0 $1,000.00
1 week
Environmental
Analyst
$80.00
10.0 $800.00
Sub -Total Task 1.1: $1,800.00
1.2
Prepare Project Description
Principal
$175.00
1.0 $175.00
2 weeks
Senior Project
Manager
$125.00
6.0 $750.00
Graphics Manager
$95.00
8.0 $760.00
Environmental
Analyst
$80.00
12.0 $960.00
Sub -Total
Task 1.2: $2,645.00
1.3
Prepare Screencheck IS/MND
Principal
$175.00
8.0 $1,400.00
4 weeks
Senior Project
Manager
$125.00
36.0 $4,500.00
Graphics Manager
$95.00
10.0 $950.00
Environmental
Analyst
$80.00
95.0 $7,600.00
Sub -Total
Task 1.3: $14,450.00
1.4
Revise Screencheck IS/MND
Principal
$175.00
1.0 $175.00
1 week
Senior Project
Manager
$125.00
8.0 $1,000.00
Environmental
$80.00
12.0 $960.00
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Proposal for City of Newport Beach -Newport Center Villas Project
SECTION C: ESTIMATED SCHEDULE AND PROJECT BUDGET
U �J
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Analyst
Sub -Total Task 1.4: $2,135.00
TASK 2
PREPARE MMRP, DRAFT MND, FINAL MND
8 WEEKS
2.1
Prepare MMRP
2 weeks
Senior Project
Manager
$125.00
2.0
$250.00
Environmental
Analyst
$80.00
6.0
$480.00
Sub -Total
Task 2.1:
$730.00
2.2
Prepare Public Review MND for Distribution
Senior Project
Manager
$125.00
4.0
$500.00
1 week
Graphics Manager
$95.00
4.0
$380.00
Environmental
Analyst
$80.00
8.0
$640.00
Graphics/Printing
Staff
$65.00
8.0
$520.00
Sub -Total Task 2.2:
$2,040.00
Public
Review
20 days
2.3
Consider Public Comments on MND
Principal $175.00
4.0
$700.00
1 week
Senior Project
$125.00
Manager
20.0
$2,500.00
Sub -Total Task 2.3:
$3,200.00
2.4
Prepare Final MND and NOD
Senior Project
Manager
$125.00
4.0
$500.00
1 week
Environmental
Analyst
$80.00
8.0
$640.00
Graphics/Printing
Staff
$65.00
6.0
$390.00
Sub -Total
Task 2.4:1
$1,530.00
TASK 3
PREPARE TECHNICAL STUDIES
4 Weeks
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Proposal for City of Newport Beach -Newport Center Villas Project
SECTION C: ESTIMATED SCHEDULE AND PROJECT BUDGET
3.1
Air Quality and Greenhouse Gas Impact Analysis
$5,000.00
4 Weeks
3.2
Traffic Impact Analysis
$3,700.00
Sub -Total Task 3:
$8,700.00
TASK 4
MEETINGS, HEARINGS, PROJECT MANAGEMENT**
As Needed
4.1
Meetings, Correspondence, Coordination
Principal
$175.001
8.0
$1,400.00
As needed
Senior Project
Manager
$125.00
35.0 $4,375.00
Sub -Total Task 4.1: $5,775.00
4.2
Public Hearings (Three)
I
As needed
Senior Project
Manager
$125.00
15.0 $1,875.00
Sub -Total Task 4.2: $1,875.00
4.3
Publication and Print Coordination
Graphics Manager
$95.001
4.0
$380.00
As needed
1
Graphics/Printing
Staff
$65.00
20.0 $1,300.00
Sub -Total Task 4.3: $1,680.001
BUDGET ESTIMATE- LABOR FEES: F$46,560.00
TASK 5
REIMBURSABLE COSTS: 1
3,085.00
As Needed
011m,
Notes:
1. Budget amounts shown are Fixed Fee, except for Tasks 4 and 5, which will be billed as Time and Materials. Time and Materials tasks will be billed based on the
amount of time spent working on the task, to the maximum indicated, in accordance with our HOURLY RATESAND BILLING POLICY. When and if the allocated budget for
these tasks becomes fully drawn down, T&B Planning will cease all work on the task unless additional funding is authorized by the Client.
2. Schedule indicates Consultant time only and does not account for time needed by the City of Newport Beach and/or the project proponent to conduct its reviews.
3. Schedule assumes no State Responsible or Trustee Agencies, thus no distribution to the State Clearinghouse and a 20 -day public review period on the Draft MND.
** An additional budget of $3,500 is estimated for the costs of preparing an Administrative Record, as described in Optional Task 4.4
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Proposal for City of Newport Beach -Newport Center Villas Project
SECTION D: HOURLY RATES AND BILLING POLICY
HOURLY RATES AND BILLING POLICY
If at any time during the completion of this project, we are requested to perform services beyond the Scope of
Work or if T&B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for
such work in accordance with the hourly rates provided below:
• Principal...................................................................................................$175.00/Hour
• Senior Associate...................................................................................... $125.00/Hour
• Senior Manager/Senior Planner..............................................................$125.00/Hour
• Project Manager....................................................................................... $ 95.00/Hour
• Project Planner.......................................................................................... $ 80.00/Hour
• Environmental Analyst.............................................................................. $ 80.00/Hour
• Staff Planner.............................................................................................. $ 65.00/Hour
• Graphic Artist/GIS Technician................................................................... $ 65.00/Hour
• Administrative Assistant/Assistant Planner .............................................. $ 40.00/Hour
T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting,
duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery
services). These expenses will be billed at cost. Expert testimony and litigation support services will be billed at
double the above rates.
We invoice on a monthly basis in proportion to the time spent on the project to date. Time and materials labor
is rounded to the one-quarter hour. Fixed fee labor is invoiced based on the percentage of task complete.
Unless pre -arranged, all billing statements are due and payable within thirty (30) days of invoice approval. A
finance charge of 1%% per month will be charged on all invoices not paid within thirty (30) days of invoice
approval.
Outside professional services performed by other individuals/firms that are sub -contracted through T&B
Planning will be performed only following authorization by you. Billing for any services that are sub -contracted
will be billed at our actual cost.
The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve
processing and discretionary approvals by politically influenced agencies and elected officials for which we can
provide no guarantee of success. The compensation for T&B Planning, its sub -consultants and vendors is not
dependent on agency concurrence or approvals.
All work products, including but not limited to correspondence, reports and maps, generated for this project and
retained by T&B Planning in its files shall be stored for a period of five years after completion of the project and
then discarded, unless T&B Planning is advised in writing by the Client to retain or transfer such files.
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borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
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: Makana Nova, Associate Planner
Community Development Department — Planning Division
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:
Attn: Tracy Zinn, AICP, Vice President
T&B Planning, Inc.
17542 East 17th Street, Ste. 100
Tustin, CA 92780
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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 officers, agents,
employees and volunteers.
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
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.
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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 elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
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 and its officers, officials, employees, and agents 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:
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.
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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. City 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.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, 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
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judgment may be necessary for its proper protection and prosecution of
the Work.
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Attachment C
Project Site Exhibit
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VICINITY MAP
150 Newport Center Drive (PA2014-213)
■ General Plan Amendment No. GP2014-003
■ Code Amendment No. CA2014-008
■ Planned Community Development Plan No. PC2014-004
■ Site Development Review No. SD2014-006
■ Tentative Tract Map No. NT2015-003, County Tentative Tract Map No. 17915
■ Mitigated Negative Declaration No. ND2015-003
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