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HomeMy WebLinkAbout19 - Agreement Related to GP Land Use Element AmendmentU Nicol CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 19 June 25, 2013 i : [ � ] ► [ � 7 : L1: ] � � ��i I _ \Y� ] : L1 � I �l ��i I � �i I :3 � : �Y � 7 � r : I x y r �'L K � 1 � 1► N 7 I � FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Community Development Director APPROVED: �, 0 TITLE: Professional Services Agreement with The Planning Center for Planning and Environmental Consulting Services Related to an Amendment to the General Plan Land Use Element ABSTRACT: On May 28, 2013, the City Council initiated an amendment to the General Plan Land Use Element. To assist in the process including the preparation of an environmental impact report, staff solicited proposals from three consulting firms. While The Planning Center was the only firm who responded, their breadth of experience and knowledge of the City make them uniquely qualified to prepare the amendment. RECOMMENDATION: Approve a Professional Services Agreement with The Planning Center to process the amendment to the General Plan Land Use Element for a not -to- exceed fee of $499,995.00, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: In the course of initiating the General Plan amendment, the City Council authorized a budget amendment in anticipation of retaining consultant support services. No additional funding is required. DISCUSSION: The General Plan amendment process will be a concentrated effort within a timeframe that allows the proposed amendment to be considered by the voters in November 2014. The Planning Center will play a key role in ensuring the timeline is met. They will draft 1 Professional Services Agreement with The Planning Center for Planning and Environmental Consulting Services Related to an Amendment to the General Plan Land Use Element June 25, 2013 Page 2 the environmental document, support the Advisory Committee, and facilitate public outreach efforts. The Community Development Department will oversee the project and the consultant, but significant support will be required of the Public Works Department and the Office of the City Attorney. The Planning Center proposal demonstrated that they are uniquely qualified and have a deep understanding of our City through prior work. The project team will be lead by Woody Tescher who also managed the General Plan update in 2006 which involved extensive dialogue with community representatives, City staff, and appointed and elected officials. The Planning Center has extensive experience in preparing policy and regulatory documents for California's coastal communities and proven track record in producing technically superior and innovative plans. The Planning Center has also prepared several environmental documents for the City. Each effort, no matter the complexity of the project, met the expectations of City staff and demanding schedules. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by �- W . W�,zr- Kimberly Brand , AICP Director Attachments: CC -1 Professional Services Agreement with The Planning Center 2 City Council Attachment 1 Professional Service Agreement with The Planning Center 3 4 PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER, INC. (DBA THE PLANNING CENTERIDC &E) FOR GENERAL PLAN LAND USE ELEMENT AMENDMENT THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and entered into as of this 24th day of June, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City'), and THE PLANNING CENTER, INC. (DBA THE PLANNING CENTERIDC &E), a California corporation ( "Consultant'), whose address is 3 MacArthur Place, Ste. 1100, Santa Ana, CA 92707, 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 for a General Plan Land Use Element Amendment ('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 June 30, 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 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 Five Hundred Thousand Dollars and 00/100 ($500,000.00), 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 THE PLANNING CENTER, Inc. (dba The Planning Center(DC &E) Page 2 0 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 Brian Judd 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. City's Senior 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. THE PLANNING CENTER, Inc. (dba The Planning CenterlDC &E) Page 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. THE PLANNING CENTER, Inc. (dba The Planning CenterlDC &E) Page 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 THE PLANNING CENTER, Inc. (dba The Planning CenterlDC &E) Page S 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 (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. THE PLANNING CENTER, Inc. (dba The Planning CenterlDC &E) Page 6 10 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. THE PLANNING CENTER, Inc. (dba The Planning CenterjDC &E) Pag1e1 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: Senior Planner Community Development Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Brian Judd THE PLANNING CENTER, Inc. (dba The Planning CenterlDC &E) 3 MacArthur Place, Ste. 1100 Santa Ana, CA 92707 THE PLANNING CENTER, Inc. (dba The Planning CenterlDC &E) Page 8 12 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. THE PLANNING CENTER, Inc. (dba The Planning CenterlDC &E) Page 9 1-71 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] THE PLANNING CENTER, Inc. (dba The Planning CenterlDC &E) Page 10 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE c )4 Y�w' V t Aaron C. Harp mb City Attorney ATTEST: Date: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: hd tat 11 1,2 By: ©1 Keith D. Curry Mayor CONSULTANT: THE PLANNING CENTER, Inc. (dba The Planning CenterlDC &E), a California corporation By: William Halligan Vice President Environmental Services Date: By: Keith McCann Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements THE PLANNING CENTER, Inc. (dba The Planning CenterjDC &E) Page 11 7 It) EXHIBIT A SCOPE OF SERVICES THE PLANNING CENTER, Inc. (dba The Planning CenterjDC &E) Page Section B. Methodology Clear and carefully designed marketing and educational collateral were also critical components of the previous effort that fostered understanding of the plan's implications. These focused on the scale of anticipated development, concentration in strategic and discrete areas while preserving surrounding neighborhoods, and improvement of traffic conditions from the prior existing General Plan and prevailing conditions. Working with the Advisory Committee, The Planning CenterlDC &L= will implement a series of community education and outreach tools, including preparation of educational collateral; will work with Mindmixer to use ConnectNewportSeach.com to provide innovative outreach techniques; and present meaningful information and analysis to the public. SCOPE OF SERVICES TASK 1. PUBLIC PARTICIPATION & OUTREACH 1.1 Advisory Committee Meetings The Planning CenterIDC &E will facilitate 9 Advisory Committee meetings beginning in July2013.The Planning CenterlDC &E will develop meeting agendas in collaboration with City staff, prepare materials to be distributed to Advisory Committee members, and prepare PowerPoint presentations (if necessary) and meeting suninaries. Woodie Tescher will be the primary facilitator of these meetings. It is anticipated thatthe City will form the 7- member Advisory Committee, which will consist of two CityCouncil members, two Planning Commissioners, and three community representatives appointed by the City Council. This committee will be convened shortly after the Land Use Element Amendment kick -off meeting (Task 5.1). Given the proposed schedule, The Planning CenterlDC &E recommends (and has budgeted for) holding semimonthly meetings with the Advisory Committee for the first three months of the project, and up to three additional meetings throughout the project, if the need arises. Deliverable(s): — Meeting agendas and summaries. Meeting materials: handouts, boards, PowerPoint presentations. 1.2 Community Education and Outreach Communicating the relevant planning issues as well as documenting the process is important to gaining and maintaining widespread support. The Planning CenterlDC &E will keep the community and general public informed through a variety of community education tools. The Planning CenterlDC &E will work with City staff to determine the most effective tools, which may include: a. Educational Collateral. Working with City staff to determine the specific product, The Planning CenterlDC &E will develop educational collateral that can THE PLANNING CENTER I DC &E - PROPOSAL: CITY OF NEWPORT BEACH LAND USE ELEMENT AMENDMENT 1-7 55 56 be handed out at City events or mailed Out to the community. This collateral will be tailored specifically for the project and will include easy -to- understand graphics and /or maps. b. Developer Roundtable. In preparing the market analysis for Mariner's Mile, Lido Village, and West Newport Mesa areas, The Planning CenterlDC &E will conduct a roundtable meeting with residential and commercial developers and real estate professionals who are familiar with the local market. This meeting will be conducted as an informal, two -hour lunchtime roundtable discussion focused on development issues, constraints, and opportunities for these areas. c. Website. The City website will document the process, including advisory committee meeting agenda and summaries, draft of deliverables, and education collateral directing community memberstolearn more at Conn ectNewportBeach. corn. d. Mindmixer. Con nectNewportBeach.com will be an education and communication tool highlighting a series of topics related to the Land Use Element Amendment, disseminating information, and soliciting input from the community. These topics may include: • Increased mix of uses at Newport Center • Circulation and traffic at Newport Center • Recommended modifications to land uses in Mariner's Mile, Lido Village, and /or West Newport Mesa • Implementation of neighborhood revitalization efforts /CAPS Deliverable(s): — Educational collateral, agenda and minutes for developer roundtable, text and graphics for website, and ConnectNewportBeach.com. 1.3 Elected and Appointed Official Study Session(s) The Planning CenterlDC &E will hold up to nine study sessions with the Planning Commission, City Council, and Airport Land Use Commission members. We anticipate that the meetings will address potential changes in land use designations, densities, development capacities, their traffic, and other implications, as well as related changes in the element's goals and policies. In this task, we will include additional time to meet with City staff following the study sessions. Deliverable(s): — Attendance at up to nine study sessions, preparation of materials for the study session (PowerPoint or presentation boards). PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW, LET'S COLLABORATE. 12 Section B. Methodology 1.4 Coordination Meeting with General Plan /Local Coastal Program Implementation Committee (OPTIONAL) As appropriate, we will participate in meetings of the General Plan /Local Coastal Program Implementation Committee to review potential changes for land use designations and policies within the Coastal Zone and discuss their implications for the Local Coastal Plan (Task 2.6). Deliverable(s): — Attendance at up to two meetings 1.5 Public Workshops (OPTIONAL) If the need arises, we will working with City staff to organize and facilitate up to three public workshops. These workshops may be conducted in the form of mini town hall meetings occurring at the beginning of the planning process or open houses occurring toward the end of the process to present the draft plan and confirm that it is consistent with the community's vision. These workshops would be advertised using print and social media and would be integrated with outreach being conducted using Conn ectNewportBeach.com. The Planning CenterlDC &E's Woodie Tescher would be the primary workshop facilitator with two additional staff. Deliverable(s): — The Planning CemerJDC &E will work with City staff to determine the best format for the workshops, develop workshop materials (boards, PowerPoints, etc), and prepare summaries of the community input received at the workshops. TASK 2. AMENDMENTS TO THE LAND USE ELEMENT The Planning CenterlDC &E will prepare clear and concise amendments for the Land Use Element of the General Plan to address changes in market conditions, development trends, and best practices since the plan's adoption in 2006. As discussed previously, these will consider emerging economic development opportunities and will support revitalization of corridors and neighborhoods that are underperforming in terms of economic activity and public benefit. 2.1 Document Review, Data Collection, and Analysis The Planning CenterlDC &E will review existing City documents relevant to the study areas and the project as a whole. We will utilize existing planning documents as a reference —to obtain additional project objectives and to better understand how previous planning efforts have envisioned the area and the role they plan in the amendments to the Land Use Element. Anticipated review documents will be: -E Newport Beach General Plan, including applicable technical reports. + Neighborhood Revitalization Citizens Advisory Panels reports. THE PLANNING CENTER I DC &E -PROPOSAL: CITY OF NEWPORT BEACH LAND USE ELEMENT AMENDMENT 19 57 58 + Site specific plans and related documents. 2.2 Real Estate Market Demand Analysis The Planning CenterjDC &E will conduct a real estate market demand analysis to quantify the latent demand for residential and commercial development in Mariner's Mile, LidoVillage, and West Newport Mesa. We will usea varietyof public and private data sources, such as Nielsen /Claritas, the California Department of Finance, and the US Census Bureau. If and as needed, we will conduct interviews with property owners, real estate brokers, and other stakeholders to round out our understanding of market conditions. The market demand analysis will quantify demand for each of the following: • Housing by type, tenancy, price, and number of units • Office space by type, lease rates, and building square footage • Retail space by type, lease rates, and building square footage We will prepare a separate analysis for each of the three areas. there will be noticeable overlap on the residential and office demand since these are less tied to specific locations. However, the retail demand analysis is very particular to each individual location. For the retail analysis it will also be very important to account for spending support from tourists and visitors. Although there is little primary data, we will make appropriate assumptions using a variety of regional tourism spending studies. We will submit a technical memorandum in a digital format summarizing the results of this analysis. We will present the results and discuss the findings at a meeting of the Advisory Committee. Based on input from the meeting and one round of consolidated comments from City staff, we will revise the draft report for inclusion in the final report. Deliverable(s): — We will submit a technical memorandum in a digital format summarizing the results of this analysis. We will presentthe results and discuss the findings at a meeting of the Advisory Committee. Based on input from the meeting and one round of consolidated comments from City staff, we will revise the draft report for inclusion in the final report. 2.3 Development Feasibility Analysis We will build on the work completed in subtask 2.2 to model the financial feasibility of infill development and redevelopment in the three study areas. We will collaborate with city staff to identify upto eight opportunity sites in Mariner's Mile, Lido Village, and /or West Newport. For each opportunity site, we will prepare a conceptual development plan that complies with the current General Plan land use designations and zoning PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 20 Section B. Methodology standards. We will then prepare a development pro forma for each conceptual development plan to test financial feasibility. That is, the model will determine whether or not a developercould purchase and develop the site according to the conceptual development plan under existing market conditions. For opportunity sites that market rate developers cannot feasibly develop or redevelop under existing standards, we will analyze the appropriate density/ intensity and other development standards that would make development and redevelopment financially feasible. Our in -house economists and urban designers will work together iteratively to ratchet up the conceptual development plan until it becomes financially feasible, Based on the real estate market demand analysis and the financial feasibility analysis, we will recommend any land use element changes warranted to better capture market demand in each of the study areas. Deliverable(s): — We will submit a technical memorandum in a digital format summarizing the results of this analysis. The memorandum will include graphic presentations of the financially feasible conceptual development plans necessary to convey the type and scale of potential development. We will present the results and discuss the findings at a meeting of the Advisory Committee. Based on input from the meeting and one round of consolidated comments from City staff, we will revise the draft report for inclusion in the final report. 2.4 Revaluation of Land Use Designations and Trip Budget Application Based on the final conceptual development plans and recommended land use element changes, we will prepare a buildout matrix and memo comparing the amount of development Linder the current General Plan and under the potential General Plan changes. We will coordinate this interim work product with Urban Crossroads because it is intended to facilitate their analysis of the traffic changes represented in the potential General Plan changes. The traffic analysis must be completed in eight weeks to meet the overall project schedule. Based on the analysis by Urban Crossroads, we will prepare a draft report for this subtask. The draft report will quantify which, if any, potential changes to the land use element can be accommodated within the trip budget available for this round of General Plan amendments. Deliverable(s): — We will submit in a digital format a technical memorandum summarizing the results of this analysis. We will present the results and discuss the findings at a meeting of the Advisory Committee. Based on input from the meeting and one round of consolidated comments from city staff, we will revise the draft report for inclusion in the final THE PLANNING CENTER IDC &E -PROPOSAL: CITY OF NEWPORT BEACH LAND USE ELEMENT AMENDMENT 21 59 60 report. The final results of this subtask will become part of the land use element amendments processed in the remainder of this project. 2.5 Identify and Recommend Focused Amendments Based on the preceding tasks, The Planning Center]DC &E will prepare draft proposed amendmentto the General Plan Land Use Element.Thiswill encompass changes of the land use figures, tables (particularly LU 1, Land Use Categories, and 1_0 2, Anomaly Table), and goals and policies. The latter will be presented in a strike -out and underline format so that staff, the Advisory Committee, and appointed and elected offices easily discern the proposed changes.These will be supported by research and analytical reports. The recommended modifications will be reviewed for their implications and for consistency with the goals and policies of the remaining General Plan elements. We will discuss with staff any revisions needed for the latter to assure consistency. An administrative draft of the proposed amendment to the General Plan Land Use Element will be presented to the Advisory Committee for one round of edits. After completion of the edits, the document will be presented at Appointed and Elected Representative Study Session(s) (Task 1.3) to the Airport Land Use Commission, Planning Commission, and the City Council. The Planning CenterlDC &E will prepare a revised draftfollowing the study session(s).This draft will be presented in a strike -out and underline format so that staff, the Advisory Committee, and Appointed and Elected Representatives easily discern the proposed changes. Deliverable(s): -- 1 electronic copy (PDF) and up to 10 hard copies (if necessary, given the City's efforts to comply with environmentally friendly practices) of the administrative draft, public draft, and final draft of the proposed amendments. 2.6 Update Local Coastal Plan The administrative draft amendments to the General Plan resulting from the previous task will be reviewed for their implications for the Newport Beach Coastal Land Use Plan (LUP) and Newport Coast Local Coastal Program (LCP), as necessary, and amendments to those plans prepared to assure consistency. Proposed amendments to the plans may consist of strategic amendments to Chapter 2 of the LUP, Land Use and Development, and amendments to the land use portion of the LCP.It is anticipated thatthese amendments will be provided to City staff in strike - through and track - change format for processing concurrently with the amendments to the Land Use Element. City staff will be responsible for updating graphics, maps, and figures, as well any presentations to the Coastal Commission for certification. PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW, LET'S COLLABORATE. 22 Section B. Methodology Deliverable(s): — 1 electronic copy (PDP),1 electronic master (word and /or In Design) of the proposed amendments to the LUP and LCP if applicable, TASK 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CEQA Compliance Approach The City of Newport Beach is characterized by informed and conscientious decision makers and a proactive and informed citizenry.This context is important in completing and processing environmental analyses for City projects. Our objective for CEQA compliance, therefore, is based on an approach that will assure defensibility from the outset. It is also based on tiering to the maximum extent possible off the 2006 certified Environmental Impact Report (GPEIR) prepared for the City's General Plan. Given the City's expedited schedule objectives and our understanding that a trip - neutral project is preferred, we evaluated the potential to process the General Plan Land Use Element Amendment (project) with an EIR Addendum, An EIR Addendum would have the same standard of review as an EIR with respect to potential legal challenges and would substantially reduce the environmental compliance schedule. Based on our review of potential land use changes, however, it cannot be concluded with certainty that the project will not result in new significant impacts. Even if a trip - neutral project is achieved and overall development potential is not increased, changes to land uses, location, and local intensity could likely result in significant, unavoidable environmental impacts. Our scope of work, therefore, Is based on preparation and processing of a Supplemental EIR in accordance with the provisions of CEQA Guidelines Section 15163. Although the processing schedule is the same for a Supplemental EIR as a new Program or Project EIR, a Supplemental EIR need only contain the information necessary to make the previous EIR (2006 General Plan EIR (GPEIR)) adequate for the project as revised. Moreover, the 2006 GPEIR will serve as "baseline" conditions for the project, and the impacts of the proposed Land Use Element Amendment will be the incremental differences between the conditions analyzed in the GPEIR and the proposed amendments. This will be more straightforward than an analysis of impacts in comparison to existing conditions, as would be required for a new or Subsequent EIR. Proposed land use changes could have the potential to result in new and /or a substantial increase in environmental impacts identified in the 2006 GPEIR, including: + Air Quality. The South Coast Air Quality Management District's (SCAQMD) significance thresholds are designed for project -level environmental analysis. Consequently, program -level environmental analyses, including general plans, typically trigger a significant impact. The potential increase in development THE PLANNING CENTER I DC &E - PROPOSAL: CITY OF NEWPORT BEACH LAND USE ELEMENT AMENDMENT 23 61 62 potential in Newport Center alone could result in emissions that exceed SCAQMD's sign ificancecriteria. Consequently, it is likely that criteria air polIutant emissions associated with the overall change in residential and nonresidential densities would result in a significant impact. • Greenhouse Gas Emissions. The 2006 GPEIR did not evaluate greenhouse gas (GHG) emissions because GHG emissions were not identified in the CEQA Guidelines Appendix G checklist until 2010. The SEIR will need to calculate the GHG emissions that would be associated with the baseline land uses that are proposed to be modified in comparison to the proposed new land uses. Similar to criteria air pollutants, it is likely that GhIG emissions associated with the residential and nonresidential densities would exceed SCAQMD's proposed bright -line significance threshold. • Transportation. The proposed Land Use Element Amendment is likely to shift a large proportion of growth to certain areas of the City, including Newport Center, Mariner's Mile, Lido Village, and /or West Newport Mesa. Shifts in the morning /evening peak hour traffic volumes could potentially increase traffic congestion at intersections in the City in comparison to conditions analyzed in the GPEIR traffic analysis. • Noise. The City of Newport Beach General Plan and 2006 GPEIR outlined incremental noise impact criteria for noise - sensitive uses based on the existing noise exposure and the allowable increment that project - related noise could contribute without triggering a significant impact. As identified above fortraffic, there could be substantial shifts in average daily traffic volumes compared to the traffic analyzed in the GPEIR due to higher land use intensities potentially proposed in Newport Center, Mariner's Mile, LicloVillage, and /or West Newport Mesa. Daily traffic volumes on roadways with nearby sensitive receptors may experience increases in noise levels that could exceed the City's adopted criteria. + Land Use and Planning /Hazards and Hazardous Materials.The airport influence area for the John Wayne Airport (JWA) extends into much of the City of Newport Beach. Although the Airport Land Use Commission (ALUC) found the 2006 General Plan consistent with the Airport Environs Land Use Plan (AELUP), the ALUC has recently issued several findings of inconsistency with the AELUP for the City of Newport Beach and the City of Irvine for residential projects, even though the general plans identified these areas for residential. The Land Use Element Amendment would require a determination of consistency by ALUC with the AELUP. The ALUC Inay detennine that the project is not consistent with the AELUP, in which case the inconsistency finding would represent a significant, unavoidable impact under CEQA. As noted above, the process for a Supplemental EIR is the same as for a Project or Program EIR. All the same noticing and public review requirements apply. The potential to streamline, therefore, lies in limiting the scope of the analysis to "only the information necessary to make the previous EIR adequate for the project as revised "The scoping process, including the preparation of an Initial Study and public scoping meeting, will be used to focus the EIR to include only the environmental topical sections for which the project could result in new PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 24 Section B. Methodology potentially significant environmental impacts in comparison to the GPEIR. A Supplemental EIR also must address "new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified..." (CEQA Guidelines section 15162(3)). The amendments to the CEQA Guidelines include requirements to address greenhouse gas (GHG) emissions. Environmental topics that are anticipated to be evaluated in the SEIR include: + Aesthetics + Air Quality + Greenhouse Gas Emissions* + Hazards and Hazardous Materials + Land Use and Planning + Noise* + Population and Housing + Transportation* Since SEIRs only need to include information required to make the original EIR adequate for the revised project, project alternatives are not necessarily mandated. Alternatives will be required, however, to address any new, unavoidable significant impacts. At this time, however, it is uncertain whether there will be significant impacts, and alternatives may or may not be required. The City may opt to include an analysis of alternatives that evolved during the planning process, however, to clearly disclose relative environmental impacts in comparison to the preferred project. Schedule Considerations The City has requested art ambitious schedule to complete the amendments to the Land Use Element and associated environmental processing to ensue that the Land Use Element Amendment is on the November 2014 ballot. To achieve this objective, the SEIR needs to be certified by early July 2014. Our proposed schedule identifies the critical path necessary to meet this schedule, including the assumed turnaround for City staff document review. As with all CEQA processing, the successful schedule compliance is dependent upon a complete project description that does not change during the preparation of the environmental analysis. The EIR is the critical path of meeting the overall project schedule, and traffic (and traffic- dependent AQ /GHG and noise studies) is the critical path for the EIR. Based on our detailed scheduling, the detailed land use information will need to be provided to Urban Crossroads (land use statistics by traffic analysis zone) by the first of October to achieve the schedule. Based on our early coordination with Urban Crossroads, they have indicated that an expedited traffic study could be completed within eight weeks of the finalized project description. However, our coordination with Urban Crossroads and their work on baseline analyses will be initiated at project kick -off. Another key schedule THE PLANNING CENTER I DC &E -PROPOSAL: CITY OF NEWPORT BEACH LAND USE ELEMENT AMENDMENT 215 63 consideration is the project's requirement to comply with SB 18 Native American consultation for a general plan amendment. This process includes 30 days for the Native American Heritage Commission to identify tribes to be contacted and up to 90 days for tribes to respond, followed by an undefined time period for consultation. Although this is not anticipated to be an issue for the project, it will be important to proactively contact tribes to assure that consultation is completed and not a last- minute oversight. Task 3.1 Project Description A detailed project description will be prepared, which will include text detailing the project characteristics, land use sumrnarytables, statistical tables comparing the existing General Plan to the proposed changes, and figures to depict the proposed land use changes. The project description will set the framework to limit environmental analysis to the incremental impacts between the General Plan and proposed amendments. Figures will be included to highlight the focus of the areas affected geographically. The project description will also include project objectives and required discretionary approvals. Task 3.2 Initial Study /Notice of Preparation Administrative Draft Initial Study (IS). The IS will include a comprehensive project description and brief written responses for all environmental topics included on the standard CEQA Guidelines Appendix G checklist that became effective March 18, 2010. It is likely that the proposed amendments would not result in new or significant impacts to several environmental topical areas in comparison to the GPEIR. Although completion of the Initial Study is contingent upon a complete project description, the Initial Study can be initiated upon project kick -off to analyze the potential for limiting topical analyses in the SEIR. This up -front work will reduce the amount of review later when the schedule for environmental processing is more critical. It is anticipated that we can evaluate and close out the following topical issues in the Initial Study (i.e., these topics will not be required to be addressed in the SEIR); + Agriculture and Forestry Resources + Biological Resources gq + Cultural Resources + Geology and Soils + Hydrology and Water Quality + Mineral Resources + Recreation Administrative Draft Notice of Preparation (NOP). An NOP will be prepared that provides a brief explanation of the preliminary scope of environmental issues to be included in the EIR. The NOP will clearly identify the time period, contact PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 20 Section B. Methodology person, and address established for submitting responses. The NOP will also provide the time /date for the scoping meeting. After City approval ofthe IS /NOP, The Planning C-enterlDC &E will coordinate with the City to develop a distribution list and will distribute the IS /NOP to the State Clearinghouse (SCH), applicable state and local agencies, and other interested parties on the City's distribution list for a 30 -day public review period. Our scope assumes that the City would publish the NOP in a local newspaper. Public Review Initial Study /Notice of Preparation (IS /NOP). The Planning CenterlDC &E will edit the Administrative Draft IS based on comments provided by the City. To meet the City's desired schedule, our scope of work is limited to one round of City review comments on the Administrative Draft IS. Deliverable(s): — Administrative Draft IS (3 review copies) — IS /NOP (up to 30 hard copies and up to 100 CDs) — Distribution of the IS /NOP via certified mail Task 3.3 Scalping Meeting Pursuant to Section 15206 of the CEQA Guidelines, a scoping meeting is required for a project that is of statewide, regional, or area -wide significance. A local general plan, element, or an amendment thereof is specifically identified in the CEQA Guidelines as a type of project that requires the lead agency to conduct a scoping hearing. We will assist the City in organizing and conducting one public scoping meeting to present the major features of the Land Use Element Amendment and to solicit comments regarding the scope and content of the environmental issues to be addressed in the SEIR. At the meeting we will be prepared to discuss the environmental review process and to answer questions, as desired by the City staff. It is recommended that the scoping meeting be held as soon as possible after release of the NOP so that public concerns about environmental issues can be identified and to meet the City's desired schedule. Deliverable(s): — Public scoping meeting and PowerPoint, comment cards, and other materials (General Plan project director, EIR project manager, and assistant planner) Task 3.4 Administrative Draft SEIR The Administrative Draft SEIR will be prepared to include all the sections needed to make the original GPEIR adequate for the Land Use Element as amended. Since we propose that the SEIR be understandable without reviewing the GPEIR, we propose that SEIR include many of the standard sections mandated for a new EIR. Several of these sections, however, will be condensed and take advantage of THE PLANNING CENTER I DC &E -PROPOSAL: CITY OF NEWPORT BEACH LAND USE ELEMENT AMENDMENT 27 65 66 tiering off (and referring to) GPEIR sections.The outline of the SEIR is anticipated to include the following: • Executive Summary • Introduction • Project Description • Environmental Setting (condensed) • Discussion of Existing Conditions, Environmental Impacts, and Mitigation Measures • Cumulative Impacts • Consideration of Significant Effects • Project Alternatives (if needed for any new significant impacts) • Organizations and Persons Consulted Our specific approach to environmental topics to be supported by technical studies is detailed in Task 3.4, Technical Studies, and Task 3.5, Subconsultant Technical Studies. The scope of work for remaining environmental topics and for project alternatives to the EIR is summarized below: Aesthetics Viewsheds were a major issue during preparation of the City's 2006 General Plan. Proposed changes to the Land Use Element are expected to alterthe distribution and intensity of land uses within some of the City' communities, including those along high - profile, scenic corridors. The aesthetics section will focus on the differences between the 2006 General Plan and the proposed changes to aesthetic resources in the City associated with the proposed Land Use Element Amendment. Such areas could include Mariner's Mile and the waterfront portion of Cannery Village. As appropriate, this section will also review the design guidelines /policies particular to individual communities. Hazards and Hazardous Materials To assure that there have not been substantial changes in the environmental setting subsequent to the GPEIR, an updated list of sites identified on a hazardous materials database pursuant to Section 65962.5 of the Government Code will be obtained. In addition, the analysis will focus on sites within the airport influence area of JWA for the potential incompatibility with the AELUP, The analysis will compare land use type and proposed intensity near the airport and within designated safety zones relative to the adopted General Plan Land Use Element. Land Use and Planning Analysis of project impacts will focus on the consistency of the Land Use Element Amendment with regional goals and policies, including the Southern California Association of Government's (SCAG) 2012 Regional Transportation Plan /Sustainable Communities Strategy (RTP /SCS), and JWA AELUP. This section of the SEIR will also include a detailed review of the City's General Plan policies PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. M Section B. Methodology and Coastal Land Use Plan relative to the proposed changes. The Land Use Element Amendment is anticipated to include some new and /or revised policies. Those policies will be part of the project description. The proposed project will be reviewed for consistency with other policies in other General Plan elements within this section. Population and Housing This section will identify the potential changes to population, housing units, employment forecast, and associated changes in the City's jobs - housing ratio as a result of the Land Use Element Amendment. Increases in population, housing, and employment will be compared to regional projections. Public Services Changes in the distribution of land uses in Newport Beach could increase the demand for public services in portions of the City compared to the 2006 General Plan, including an increase in students in the Newport -Mesa Unified School District and an increase in need for police and fire services. The SEIR will evaluate how the amendments to the Land Use Element alter demand for public services in the City compared to the 2006 GPEIR. The impacts on some public services (e.g., library services, etc.) are anticipated to be closed out in the Initial Study. Utilities and Service Systems Land use intensification within some areas of the City as anticipated in the amendments to the Land Use Element could potentially affect available infrastructure service capabilities. This section will focus on the net development changes within various service areas related to wastewater and water services. We will coordinate with City public works as necessary to identify any potential capacity constraints. Alternatives Since the SEIR need only include the information necessary to make the GPEIR adequate for the Land Use Element as amended, project alternatives may or may not be required. If the Land Use Element Amendment results in any new significant impacts, a "reasonable range' of alternatives will be defined and analyzed. Alternatives will be selected on the basis of their ability to: (1) avoid or reduce one or more of the project's significant impacts; and (2) feasibly attain most of the basic objectives of the project. Up to three alternatives will be evaluated for their potential to reduce the significant impacts identified in the EIR. As part of the evolution of the Land Use Element Amendment or during GPAC meetings, logical alternatives may be identified that have the potential to reduce significant environmental impacts. As appropriate, these alternatives will be reviewed and analyzed in the project alternatives section of the SEIR.The alternatives section will also identify the environmentally superior alternative, in accordance with the CEQA Guidelines, THE PLANNING CENTER IDC &E -PROPOSAL; CITY OF NEWPORT BEACH LAND USE ELEMENT AMENOM ENT �9 67 Deliverable(s): — Administrative Draft Supplemental EIR Q hard copies) Task 3.5 Public Draft Supplemental EIR Public Review Draft Supplemental EIR. We will edit the Administrative Draft SEIR based on comments provided by the City. Our scope is limited to one round of City review of the Administrative Draft SEIR to meet the City's schedule. It is assumed that City comments on the Administrative Draft SEIR will be consolidated into one document. Up to 88 hours of professional staff time has been allocated to this task to assure the expeditious turnaround of the document. Also, in the interest of maximizing communication and clarifying the document revisions per City requests, we have budgeted one coordination meeting with City staff to review their comments. It is anticipated that Urban Crossroads would also attend this meeting (see Task 3.10, Project Meetings and Hearings). Notice of Completion and Notice of Availability. The Planning CenterlDC &E will prepare the Notice of Completion (NOC) for City approval and signature and will transmit the NOC to the SCH. We will also prepare the Notice of Availability (NOA) for City approval. We assume that the City will submit the NOA to the local newspaper for noticing. The Planning CenterlDC &E will coordinate with the City to develop a distribution list and distribute the Draft EIR /NOC to the SCH, applicable agencies, and interested parties on the distribution list for a 45 -day public review period. Deliverable(s): — Draft Supplemental EIR (30 hard copies, 15 executive summaries, and 100 CDs) — Distribution of the Draft Supplemental EIR via certified mail Task 3.6 Final Supplemental EIR Response to comments received on the Draft SEIR will be prepared in accordance with CEQA Guidelines .Section 15089. Following receipt of all comments on the Draft SEIR, written responses will be prepared for each comment. A Response to Comments section will be created for the Final SEIR and will contain an introduction describing the public review process for the Draft EIR, copies of all comment letters, and written responses to all comments. Responses will focus 68 on comments that address the adequacy of the Draft SEIR. Comments that do not address SEIR adequacy will be noted as such and no further response will be provided unless deemed necessary by the City. Responses will be prepared by The Planning Center DC &E with input from our technical specialists, as needed. The Final SEIR will also contain revisions to the Draft SEIR as necessary to respond to comments and /or correct inaccuracies identified subsequent to release of the SEIR as a public draft. A total of 80 hours professional staff time has been allocated for preparation of the Final SEIR. The Final SEIR will be distributed to PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. so Section D. Methodology public agency commenters on the Draft SEIR at least 10 days prior to certifying the SEIR (CEQA Guidelines Section 15088). Deliverable(s): — Administrative Draft Final Supplemental EIR (3 hard copies) — Final Supplemental EIR (40 hard copies and 40 CDs) — Distribution to commenters via express mail Task 3.7 Mitigation Monitoring Report Program The Planning CenterlDC &E will prepare the Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard City for and will identify the significant impacts that would result from the Land Use Element Amendment; proposed mitigation measures forthe 2006 GPEIR; and new /modified mitigation measures forthe Land Use Element Amendment for each impact, the times at which the measures will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. Deliverable(s): — Mitigation Monitoring Program (3 hard copies) Task 3.8 State of Overriding Considerations /Findings of Fact /Notice of Determination Statement of Overriding Considerations /Findings of Fact (SOC /FOF). Section 15091 of the CEQA Guidelines requires that no public agency approve or carry out a project for which an EIR has been completed that identifies one or more significant effects unless the public agency prepares findings for each significant effect. The Planning CenterlDC &E will prepare findings and facts in support of findings describing each of the significant impacts identified by the SEIR and the determination of whether those impacts would be reduced to below a level of significance by proposed mitigation measures. Additionally, Section 15093 requires that when an agency approves a project that will have significant adverse environmental effects that are unavoidable, it must make a statement of its views on the ultimate balancing of the merits of approving the project despite the environmental consequences. The Planning Center DC &Ewill coordinate with the City to draft the statement of overriding considerations for any unavoidable significant impacts that may be identified by the Final SEIR. Notice of Determination (NOD). If the project is approved by the lead agency, an NOD will be filed within five working clays. The Planning CenterlDC &E will be responsible for filing the NOD with the Orange County Clerk as well as the State Clearinghouse. The California Department of Fish and Wildlife (CDFW) mitigation fee and county filing fees are included in this proposal. Typically, projects such THE PLANNING CENTER IDC &E -PROPOSAL: CITY OF NEWPORT BEACH LAND USE ELEMENT AMENDMENT �2 69 io as general plan updates qualify for a Determination of No Effect. If applicable, a Determination of No Effect will he obtained from CDFW. Deliverable(s): — Findings of Fact and Statement of Overriding Considerations Q hard copies) — CDFW (if applicable) and county clerk filing fees — Notice of Determination Task 3.9 Project Management and Coordination - CEQA Key to this project's success is The Planning CenterlDC &E's integrated planning and environmental process and ongoing team coordination from project outset. Foresight for data needs, awareness of potential pitfalls, and close schedule monitoring is critical. This task includes our environmental project manager's (JoAnn Hadfield) time through the duration of the project to closely coordinate with Woodie Tescher, Brian Judd, both in -house project teams (planning and environmental), Urban Crossroads, and our subconsultant, Cogstone. Ongoing coordination with our technical teams (AQ /GHG, Noise) with Urban Crossroads is also essential and included in this task. Thistaskalso includes processing invoices, reviewing and managing deliverables, ensuring quality control, and adherence to the schedule for environmental processing. The cost estimate for this task is based on one hour per week for the duration (12 months) of the project for our project manager, and up to 30 hours forthetechnical services manager assigned to the project. Task 3.10 Project Meetings and Hearings Task3.10.1 Project Meetings Our estimated budget assumes that The Planning CenterlDC &E's environmental project manager and technical specialist or assistant planner will attend up to six meetings with City staff during the course of the environmental review process, including a project initiation meeting and Administrative Draft SEIR review meeting. Additional meeting attendance by The Planning CenterlDC &E or attendance by other members of the consultant team will be billed on a time - and - materials basis in accordance with the hourly rates for the personnel involved. Deliverable(s): — Staff /team coordination meetings (6) (EIR project manager and /or assistant planner; technical staff) Task 3.10.2 Project Hearings This task includes attendance/ participationofourenvironmental project manager and a technical specialist (or assistant planner) at up to three public hearings. PLANNING IS THINNING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. Section B. Methodology Hearings are interchangeable at request of the City (Planning Commission, City Council, ALUC, etc.) Deliverable(s): — Attendance at 3 Public Hearings (EIR project manager and /or assistant planner; technical staff) Task 3.11 Technical Studies Task 3.11.1 Air Quality and Greenhouse Gas Emissions The Planning CenterlDC &E will prepare an air quality and greenhouse gas (GHG) emissions analysis for the Land Use Element Amendment SEIR. Modeling of emissions and assessment of impacts will be based on the current methodology of the South Coast Air Quality Management District (SCAQMD) for projects within the South Coast Air Basin (SoCAB).The emissions inventorywill be modeled using the California Emissions Estimator Model (CalEEMod). The Planning CenterlDC &E is a beta tester for the South Coast Air Quality Management District for the CaIEEMod program and was recently involved in beta testing the next version of CaIEEMod (CalEEMod 2012 beta, to be released as CalEEMod 2013). The analysis will be incorporated into the SEIR, and modeling datasheets will be included as an appendix. Air Quality Air Quality Management Plan Consistency: The SoCAB is designated nonattainment of the National and /or California ambient air quality standards (AAQS) for ozone, nitrogen dioxide, and particulate matter (PM10 and PM2.5). Consistency of the pio)ect's regional emissions will also be evaluated against SCAQMD's Air Quality Management Plan. The potential increase in population and employment associated with the Land Use Element Amendment will be compared to the assumptions in SCAQMD's 2012 Air Quality Management Plan (AQMP) and regional growth projections in the Southern California Association of Government's 2012 Regional Transportation Plan /Sustainable Communities Strategy (RTP /SCS). Impacts will be compared to those identified in the 2006 GPEIR. Criteria Air Pollutant Emissions: The revisions to the Land Use Element would generate an increase in criteria air pollutant emissions if the project results in an increase in trips and vehicle miles traveled (VMT), use of natural gas, and other stationary sources. The increased development potential could also increase construction emissions. Potential impacts from construction emissions associated with the modifiedprojectwill bedescribed qualitatively. Foroperational emissions, the supplemental analysis will prepare a quantitative analysis that evaluates the net change in criteria air pollutants associated with the proposed change in land use designations. To meet the expedited schedule, we will work closely with Urban Crossroads to obtain the net change in trips and /or VMT associated with THE PLANNING CENTER I DC &E -PROPOSAL, CITY OF NEWPORT BEACH LAND USE ELEMENT AMENDMENT 33 71 rz the proposed project. The results of the criteria air pollutant emissions modeling will be compared to SCAQMD's regional significance thresholds to determine if the changes would be substantial compared to what was analyzed in the 2006 GPEIR. CO Hotspots: Since the 2006 GPEIR, the South Coast Air Basin has been designated attainment of the state and federal carbon monoxide (CO) ambient air quality standards. Given that no intersection has exceeded the CO standards, quantitative evaluation is not warranted. Instead, the potential for the proposed project to increase impacts relative to those identified in the GPEIR will be addressed qualitatively. Air Quality Land Use Compatibility: In 2009 the California Air Pollution Control Officer's Association (CAPCOA) adopted guidelines for siting new sensitive receptors near major sources of pollution, including high volume roadways and industrial land uses,based onthe recommendationsof the California Air Resources Board (CARE). Recommendations to reduce risk associated with placement of new sensitive land uses adjacent to major sources of air pollution resulting from amendments to the Land Use Element will be based on the recommended buffer distances in the CARB and the CAPCOA guidance.The supplemental analysis will identify this new information, which was not known at the time of the GPEIR. Odors: The air quality impact analysis will also qualitatively describe land uses within the City that have the potential to generate nuisance odors. The potential for the proposed project to increase impacts relative to those identified In the GPEIR will be addressed qualitatively. Greenhouse Gas Emissions The 2006 GPEIR did not evaluate GHG emissions impacts because this topic was not included in the CEQA Guidelines Appendix G checklist at the time of preparation. In December 2009 the CEQA Guidelines was amended to include changes to the CEQA Guidelines Appendix G checklist for GHG emissions in response to the passage of Assembly Bill 32 (AB 32), the Global Warming Solutions Act (2006), and Senate Bill 97 (2007). These changes became effective on March 18, 2010. The absence of a GFIG emissions analysis in the 2006 GPEIR does not mean that GHG emissions impacts are considered "new information of substantial importance" requiring either subsequent or supplemental analysis under CEQA Guidelines Section 15162. However, the supplemental analysis will identify the changes in circumstances and new information not known at the time of the GPEIR pertaining to GHG emissions. In addition, changes to the project that could increase the potential GHG emissions compared to the 2006 General Plan will be identified, GHG Emissions: The revisions to the Land Use Element would generate an increase in criteria air pollutant emissions if the project results in an increase in PLANNING IS THINNING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. Section B. Methodology trips and vehicle miles traveled (VMT), use of electricity, use of natural gas, water use and wastewater generation, and solid waste generation. The supplemental analysis will prepare a quantitative analysis that evaluates the net increase in GHG emissions associated with the proposed change in land use designations. To meet the expedited schedule, we will work closely with Urban Crossroads to obtain the net change in trips and /or VMT associated with the proposed project. The results of the criteria air pollutant emissions modeling will be compared to SCAQMD's proposed significance threshold to determine if the changes would be substantial. Consistency with GHG Reduction Plans: The EIR will include a discussion of the GHG reduction targets of Assembly Bill 32 (AB 32), Senate Bill 375 (SB 375), and participation in the countywide GHG reduction effort, as described below. In 2008, CARB prepared the Scoping Plan to achieve the GHG reduction goals of AB 32. In 2012, SCAG prepared the 2012 RTP /SCS to achieve the regional per capita GHG reduction targets for passenger vehicles. The subregional Orange County SCS prepared by the Orange County Transportation Authority was integrated in SCAG's 2012 RTP /SCS. The GHG section in the EIR will discuss the City's commitment to reducing GHG emissions in accordance with the GHG reduction goals of AB 32 and SB 375. Policies identified in the General Plan that reduce GHG emissions will be identified. Task 8.11.2 Noise The Planning CenterlDC &E will prepare a noise and vibration analysis for the Land Use Element Amendment SEIR.The analysis will evaluate noise impacts associated with proposed land use modifications from the General Plan Land Use Element. It is anticipated that noise impactswould be related to changes in traffic volumesai roadways and to reallocating unused development potential in various areas in the City.The analysis will also discuss noise and land use compatibility atfocused areas in the City that would be affected by changes in land use, since changes to the Land Use Element may involve increases in residential and nonresidential intensity in portions of the City of Newport Beach beyond what was analyzed in the 2006 GPEIR. To accurately assess potential noise impacts at key locations such as Newport Center, Mariner's Mile, Lido Village, and West Newport Mesa, a site visit and noise level measurements will be taken to characterize ambient noise conditions.. The potential for the proposed project to increase impacts relative to those identified in the 2006 GPEIR will be addressed. The assessment of impacts will be based on standards in the City of Newport Beach General Plan Noise Element and City of Newport Beach Municipal Code. Existing Conditions: The Planning CenterlDC &E will collect up to two long- term and eight short -tern ambient noise level measurements to provide an update of the existing noise conditions in the City and in the key sites such as THE PLANNING CENTER I DC &E - PROPOSAL: CITY OF NEWPORT BEACH LAND USE ELEMENT AMENDMENT �5 73 74 Newport Center, Mariner's Mile, Lido Village, and West Newport Mesa, identified for possible land use changes. The noise analysis will also update the existing conditions assessment prepared for the 2006 GPEIR. Traffic Noise: Noise from vehicular traffic will be assessed using a version of the U.S. Federal Highway Administration (FHWA) Traffic Noise Model; these contours will rely on traffic forecasts provided in the traffic impact analysis for this project. This analysis will identify areas along roadway segments that would be exposed to noise increases above criteria in the City's General Plan Noise Element. Noise and Land Use Compatibility: An analysis will be prepared to assess noise and land use compatibility at focused areas in the City that would be affected by land use changes. Changes to the Land Use Element may involve increases in residential and nonresidential intensity in portions of the City of Newport Beach beyond whatwas analyzed in the GPEIR. Key areas may include but are not limited to Newport Center, Mariner's Mile, Lido Village, and West Newport Mesa. Construction Noise and Vibration: Construction impacts for the sites to be redeveloped will be evaluated at a programmatic level. Future noise and vibration effects from construction activities will be discussed in terms of accepted standards from the U.S. Federal Transit Administration (FTA). Feasible mitigation measures will be identified to minimize future construction - related noise within the study area. Task 3.12 Subconsultant Technical Studies Cultural Resources — Cogstone Cogstone will prepare an update to the cultural resources evaluation in the 2006 GPEIR. The analysis will include: • A records search pertaining to archaeology and history will be conducted at the South Central Coastal Information Center for any archaeological and historic resources located within the City of Newport Beach. • A records search pertaining to paleontology will be conducted at the Natural History Museum of Los Angeles County and in published sources. • A Sacred Lands search request will be obtained from Native American Heritage Commission (NAHC). Follow -up letters will be mailed to each contact recommended by the NAHC requesting any knowledge of heritage resources. A log of results will be maintained and included as an appendix. • Research will be conducted to develop a background context. • Results of the records search and background context will be summarized in a comprehensive report along with management recommendations. • In addition, Cogstone will assist with Senate Bill 18 (SB 18) Native American Consultation. Under SB 18, the City must directly and separately request a consultation list from the NAFIC and directly contact each Native American group recognized for government -to- government consultation. Cogstone PLANNING IS TI4INKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. Section B. Methodology will prepare the NAHC forms and letters to assist the City in meeting SB18 requirements. Deliverable(s): — Cultural Resources Technical Report TASK 4. PLAN PREPARATION AND PUBLIC HEARING PROCESS 4.1 Prepare Updated Land Use Element The Planning CenterlDC &E will use the final draft of the proposed amendments prepared in Task 2.5 to prepare an updated land use element package that will include revised tables, figures, and goals and policies; associated amendments of the Local Coastal Plan; and supporting CIS data layers.* The amended plans will be formatted in two versions: a strike -out and underline version highlighting changes from the existing documents and a "clean" version. These will be submitted to City staff for review and comment. Final draft documents will be prepared addressing any comments received from staff on the draft. An electronic copy will be made available for posting on the City's website. "The Planning Center1DC &E team can assist City staff with GIS support in updating the land use plan maps, if necessary. For budgeting purposes, 20 hours of GIS mapping assistance are included in this task. Deliverable(s): — 1 electronic copy (PDF), 1 electronic master (word and /or InDesign), and up to 5 hard copies (if necessary, given the City's efforts to comply with environmentally friendly practices) of the draft package and the final draft package. 4.2 Public Hearings The Planning CenterlDC &E will participate in study sessions and public hearings With the Planning Commission and the City Council to review and adopt the amended Land Use Element and certify the EIR. Up to two Airport Land Use Commission meetings are also anticipated. This task includes preparation for the hearings (PowerPointshows, presentation boards, etc.) and attendance by up to two Planning CenterlDC &E staff. Deliverable(s): — Attendance at Planning Commission, City Council, and Airport Land Use Commission meetings (up to 6). TASK 5. PROJECT COORDINATION The Planning CenterlDC &Ewill work closelywith Newport Beach staff to efficiently and effectively manage the preparation of the amended Land Use Element and EIR. Our project coordination team will consist of Woodie Tescher, Principal -in- Charge, as the primary representative forthe overall project; Brian Judd, Principal, as an alternate to the primary representative for the overall project; and JoAnn THE PLANNING CENTER IDC &E -PROPOSAL: CITY OF NEWPORT BEACH LAND USE ELEMENT AMENDMENT .s'7 7s 76 Hadfield as principal -in- charge for Task 3 (compliance with CEQA). Marissa Aho, AICP, will serve as deputy project manager and will support the principal staff with day -to day internal coordination of the project. 5.1 Project Initiation Meeting The project initiation meeting creates the opportunity for The Planning CenterlDC &E project team and the City's project team to forge a collaborative working partnership. Prior to this meeting, The Planning CenterlDC &E team will submit to the City a draft master meeting and project schedule and a list of needed information and documents. The schedule will clearly delineate dates for major milestones, activities, meetings, and interim and final work products. The document and information needs list will be preliminary and additional information may be required as the project progresses. We envision negotiating a final scope of work prior to the contract award. At the project initiation meeting we will review the final scope of work and refine it as necessary. At this meeting we will: • Introduce the project teams. • Share expectations for the project. • Refine the draft master milestones, meeting, and project schedule. • Establish communication protocols. • Identify potential project pitfalls and strategies to address them. • Identify the roles of anticipated key project stakeholders, including outside agencies, organizations, and individuals. • Identify available resources. • Refine the Advisory Committee objectives and community outreach program. • Review the list of needed information and documents and obtain available data (hard and electronic copies) from City staff. Deliverable(s): — Refined scope of work, final master milestones, meeting, and project schedule. 5.2 Project Management Calls /Meetings The Planning CenterlDC &E will participate in weekly calls /meetings with staff during the first three months of the project, followed by semimonthly calls thereafter. We assume that approximately four hours per week for the first three months and eight hours per month for each additional month for this task. Deliverable(s): — Agendas and minutes for each project management call /meeting. PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 7 Section B. Methodology 53 Project Management This task involves overall project management for the preparation of the amendments tothe Land Use Element. It provides forthe day -to -day management of the project and oversight of the products, including coordination with City staff and the City's traffic consultant, billing activities, and schedule maintenance. We assume that approximately four hours per week for the first three months, and two hours per week for each additional month. ANTICIPATED WORK SCHEDULE The project schedule will require efficient and effective communication, project management, and teamwork between the consultant team, the City's transportation consultant, and City staff to stay on track and meet the June 2014 deadline for project completion. The proposed schedule for the Land Use Element Update and EIR is illustrated in below. Key events and activities include: • Completion of the land use analysis and project description by the first week of October 2013. • Completion of the transportation analysis within eight weeks of the project description. • Completion of all deliverables by the end of April 2014. • Adoption by the City Council by June 2014. In order to meet the milestones and various deliverables within the proposed schedule, the City must adhere to specific, agreed -upon staff review periods and return one set of consolidated cornments for each deliverable within the allotted time frame. THE PLANNING CENTER I DC &E - PROPOSAL: CITY of NEWPORT BEACH LAND USE ELEMENT' AMENDMENT s'9 77 EXHIBIT B SCHEDULE OF BILLING RATES THE PLANNING CENTER, Inc. (dba The Planning CenterlDC &E) Pagepjl Proposed Budget City of Newport Beach -Land Use Element Amendment 41 LMM amp ' HMO ®Qi.^.®'®"� XE19BUp518tE EXPENSES'. . ,. 41 Proposed Budget City o(Nawpmt Beach -Land Use Element Amendment 42 RM ® ....... ..1 !&!, Sim E5MEMMM= :.. __ ___ .. .. ... MMMMM ... '" . OEM MORRIS ____]ERROR __________ Rimini MORRIS SENIOR ®MOORE[JMMMMM= ... OPINION 42 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, one million dollars ($1,000,000) 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) with no endorsement or modification limiting the scope of coverage for liability assumed under a 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 THE PLANNING CENTER, Inc. (dba The Planning CenterlDC &E) Pag" vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 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 anytime. 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. THE PLANNING CENTER, Inc. (dba The Planning Center[DC &E) PageqC�2 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. 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 judgment may be necessary for its proper protection and prosecution of the Work. THE PLANNING CENTER, Inc. (dba The Planning Center[DC &E) Pagef63