HomeMy WebLinkAboutC-6280 - PSA for Autonation Porsche CEQAAMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH T&B PLANNING, INC. FOR
AUTONATION PORSCHE CEQA
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Three") is made and entered into as of this 23rd day of
February, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and T&B PLANNING, INC., a
California corporation ("Consultant"), whose address is 17542 East 17th Street, Suite
100, Tustin, California 92780, and is made with reference to the following:
RECITALS
A. On September 9, 2015 City and Consultant entered into a Professional Services
Agreement ("Agreement') to engage Consultant to prepare an initial study and
mitigated negative declaration in conjunction with California Environmental
Quality Act ("CEQA') requirements for the AutoNation Porsche Project
("Project").
B. On April 12, 2016, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One') to reflect additional services not included in
the Agreement and to increase the total compensation.
C. On September 29, 2016, City and Consultant entered into Amendment No. Two
to the Agreement ("Amendment No. Two") to increase the total compensation,
update the City's Project Manager information, and update the City's contact for
legal notices.
D. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, to increase the total
compensation, and update estimated dollar amounts in various sub -tasks.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services'
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to
Amendment No. Two, and Exhibit A to this Amendment No. Three shall collectively be
known as "Exhibit A." The City may elect to delete certain Services within the Scope of
Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Eighty Seven
Thousand Four Hundred Fifteen Dollars and 00/100 ($87,415.40), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Four Thousand Twenty Five Dollars and 40/100 ($4,025.40).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
T&B Planning, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTOR ��('S OFFICE a California municipal corporation
Date: b/l� Date:
By: By:
Aaron C. Harp oa-te•I4 Dave'Kg')
City Attorney AMA City Manager
ATTEST:
Date:
CONSULTANT: T&B
California corporation
Date: Z - z L( -
ft
By: By:
Leni I. Brown Jo Morse
i a
City Clerk ���President/CFO
r
v
pORT
E-41-1 FOR®
Planning, Inc., a
1-7
Date: ol_ Ir)O I -t-
By: �-�--
Tracy Zinn, Al
ps President
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
T&B Planning, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
T&B Planning, Inc. Page A-1
P L A N N I N G
Tustin, CA I San Diego, CA I :Murrysville, PA
17542 East 17th Street, Suite 100 Tustin, CA 92780 p714.505.6360 (714.505.6361
T&B Planning prepared a Mitigated Negative Declaration (MND) for the project referenced above in
compliance with the California Environmental Quality Act in July, 2016. Following the completion of the
MND, work efforts were conducted that were identified in the original scope of work, including but not
limited to the preparation of written responses to comments received by the City outside of the public review
period but prior to the Planning Commission hearing and that necessitated additional technical analysis from
the Project's noise consultant (Urban Crossroads, Inc.) Additionally, two representatives of T&B Planning,
two representatives of Urban Crossroads, and one representative of Kunzman Associates attended the
Planning Commission hearing as suggested by the City and the Applicant. These work efforts and time spent
at hearing attendance were not anticipated in the original contract.
Per City direction, this Contract Amendment provides additional budget for new Sub -Task 3.2A, and amends
the budget for, Sub -Tasks 4.1 and 4.2, meetings and Public Hearings, to accommodate the preparation of
expanded responses to public comments as well as the preparation for and attendance at the Planning
Commission meeting held on October 6, 2016.
For the same reasons, changes were also made to sub -tasks 4.3 and 5.1.
See attached spreadsheet.
. The
services described above, taking into account line item reallocations, shall be provided for an additional fee of
$ 4,025.40 which shall increase the total budget from $83,390.00 to $87,415.40, including prepaid expenses.
www,tbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
R.i.d 2015-0310
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CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 2/21/17 Dept./Contact Received From: Terresa
Date Completed: 2/21/17 Sent to: Terresa - By: Alicia
Company/Person required to have certificate: T & B Planning Inc.
Type of contract: All Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/l/17-211/18
A.
INSURANCE COMPANY: Citizens Insurance Co. of America
B.
AM BEST RATING (A-: VII or greater): A: XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
2M/4M
E.
ADDITIONAL INSURED ENDORSEMENT—please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
❑ Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/1/17-2/1/18
A.
INSURANCE COMPANY: Allmerica Financial Benefit Ins. Co.
B.
AM BEST RATING (A-: VII or greater) A: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
IM
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® NIA ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 2/1/17-2/1/18
A. INSURANCE COMPANY: Hanover American Ins. Co.
B. AM BEST RATING (A-: VII or greater): A: XV
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $11M or greater) 1 M
F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No
H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY EFF.,9120116-9120117 CARRIER: CONTINENTAL CASUALTY CO
RATING: A: XV ADMITTED LIMIT: 1M/2M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® NIA ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
2121/17
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
C3
N
V
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH T&B PLANNING, INC. FOR
AUTONATION PORSCHE CEQA
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 29th day of September,
2016. ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and T&B PLANNING, INC., a California
corporation ("Consultant"), whose address is 17542 East 17th Street, Ste. 100, Tustin,
California 92780, and is made with reference to the following:
RECITALS
A. On September 9, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to prepare an initial study and
mitigated negative declaration in conjunction with California Environmental
Quality Act (CEQA) requirements for the AutoNation Porsche Project ("Project").
B. On April 12, 2016, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional services not included in
the Agreement and to increase the total compensation.
C. The parties desire to enter into this Amendment No. Two to reflect additional
services not included in the Agreement, as amended, increase the total
compensation, update the City's Project Manager information, and update the
City's contact for legal notices.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Sub -Task 2.4 in Exhibit A to the Agreement shall be supplemented to include the
Scope of Services, attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One
and Exhibit A to this Amendment No. Two shall collectively be known as "Exhibit A."
The City may elect to delete certain Services within the Scope of Services at its sole
discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Eighty Three
UC0
Thousand Three Hundred Ninety Dollars and 00/100 ($83,390.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Four Thousand Four Hundred Dollars and 00/100 ($4,400.00).
3. ADMINISTRATION
Section 6 of the Agreement is amended in its entirety and replaced with the
following: "This Agreement will be administered by the Community Development
Department, Planning Division. City's Principal 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."
4. NOTICES
Section 25.2 of the Agreement is amended in its entirety and replaced with the
following: "All notices, demands, requests, or approvals from Consultatn to City shall be
addressed to City at:
Attn: James Campbell, Principal Planner
Community Development Department, Planning Division
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
T&B Planning, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. [1] to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTAR EY'S OFFICE
Date: ``11 I
By:
Aaron C. Harp CA-91-10
City Attorney
ATTEST: /
Date: L 0.
I►�► /1� ..�.
.tW11
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: '2 K"
F
By.
Dave Kiff
City Manager
CONSULTANT: T&B Planning, Inc., a
California corporation
Date: G '��>0
By. D
Tracy Zinn, AIC
Vice President
Date:
i`
By:
Joel *de
Presid nit / CFO
[END OF SIGNATURES]
Exhibit A — Scope of Services
T&B Planning, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES
T&B Planning, Inc. Page A-1
J
J Tustin, CA I San Diego, CA I Murrysville, PA
P I A N N 1 N G 17542 East 17th Street, Suite 100 Tustin, CA 92780 p714.505.6360 f714.505.6361
This Second Contract Amendment provides additional budget for Sub -Task 2.4, Prepare Final
MND & Notice of Determination (NOD), to accommodate the preparation of an expanded Final MND that
accounts for the potential changes to the project description.
These services shall be provided for an additional fee of $4,400.00, which shall increase the total budget
associated with Sub -Task 2.4 from $1,400.00 to $5,800.00. Additionally, these services shall increase the total
Agreement budget from $78,990.00 to $83,390.00.
www.tbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
e itt 201543-10
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/11/16
Date Completed: 4/11/16 Sent to
Company/Person required to have certificate:
Type of contract:
Dept./Contact Received From
Terresa
T&B Planning Inc.
All Other
Terresa
Alicia
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/1/16-2/1/17
A.
INSURANCE COMPANY: Citizens Insurance Co of America
B.
AM BEST RATING (A-: VII or greater): A; XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
2,000,000/4,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
E Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/1/16-2/1/17
A.
INSURANCE COMPANY: Allmerica Financial Benefit Ins Co
B.
AM BEST RATING (A-: VII or greater) A; XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A []Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 2/1/1
A.
INSURANCE COMPANY: Hanover American Insurance Co
B.
AM BEST RATING (A-: VII or greater): A; XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S
THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY EFF: 9/20/15-9/20/16 CARRIER: CONTINENTAL
CASUALTY CO
RATING: A: XV Admitted LIMIT: 1M/2M
❑ N/A ® Yes
❑ No
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
4/11/16
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
/3
to
L
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH T&B PLANNING, INC. FOR
AUTONATION PORSCHE CEQA
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One') is made and entered into as of this 12th day of April, 2016
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and T&B PLANNING, INC., a California
corporation ("Consultant"), whose address is 17542 East 17th Street, Ste. 100, Tustin,
California 92780, and is made with reference to the following:
RECITALS
A. On September 9, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to prepare an initial study and
mitigated negative declaration in conjunction with California Environmental
Quality Act (CEQA) requirements for the AutoNation Porsche Project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, as amended, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services'
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Seventy
Eight Thousand Nine Hundred Ninety Dollars and 001100 ($78,990.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
cc, C)
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eighteen Thousand Two Hundred Fifty Dollars and 001100 ($18,250.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
T&B Planning, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 5'
By:►�
Aaron C. Harp 5
City Attorney
ATTEST: � q
Date: ( r
r
By: a I
Leilani I. Brown
City Clerk
[END OF SIG
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: <<-
By:
Dave
City Manager
CONSULTANT: T&B Planning, Inc., a
California corporation
Date: S. S /C,
By: - xzl—1
�..
Trac inn;
Vice Presi dl6nt
Exhibit A — Scope of Services
T&B Planning, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
T&B Planning, Inc. Page A-1
A i
14m
Tustin, CA
J
San Diego, CA I Murrysville, PA
P I A N N 1 N G 17542 East 17th Street, Suite 100 Tustin, CA 92780 p710505.6360 £714.505.6361
Additions to Scope of Work
T&B Planning (CEQA Consultant) shall provide the following additional services:
TASK 3: PREPARE TECHNICAL STUDIES
Sub -Task 3.3: Prepare Traffic Impact Analysis (Kunzman Associates, Inc.)
Kunzman Associates, Inc. will prepare a Traffic Impact Analysis in accordance with accepted professional
transportation engineering standards. The final illustrated report will summarize the traffic impact analysis
findings, methodology, and supportive data. It will quantify existing traffic conditions, traffic conditions upon
project completion, and recommend mitigation measures.
Specifically, the Traffic Impact Analysis will consist of (1) conducting a field survey; (2) documenting existing
traffic conditions; (3) determining project trip generation based upon the Institute of Transportation Engineers,
Trip Generation Manual, 9th Edition, 2012; (4) distributing the project trip generation to the street system; (5)
determining the project's traffic impacts; (6) calculating roadway segment daily traffic volumes; (7) analyzing site
access locations; (8) examining internal circulation including emergency vehicle access; (9) mitigating the impacts;
and (10) preparing a written report. Feasible mitigation measures (including concept plans and costs) will be
identified for any significantly impacted study area intersections.
www.cbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Reviud 2015-0340
First Amendment to Contract
AutoNation Porsche Project
P L A N N I N G March 23, 2016
Construction phase traffic issues, including debris haul and construction material truck movements, likely haul
routes, construction crew parking, hours of construction, and the requirement of the preparation of a construction
management plan shall be qualitatively discussed.
The traffic impact analysis will include calculation of project contribution at the study area intersections duringthe
morning and evening peak hours on a typical weekday. The precise study area intersection locations will be
identified based upon discussions with City of Newport Beach staff.
This Sub -Task assumes that the Cities of Newport Beach/Costa Mesa will provide morning and evening peak hour
intersection counts for the following thirteen (13) study area intersection locations:
• Newport Boulevard SB Ramps (NS) at:
o West Coast Highway (EW) —City of Newport Beach/Caltrans
• Riverside Avenue (NS) at:
o West Coast Highway (EW) —City of Newport Beach/Caltrans
• Tustin Avenue (NS) at:
o West Coast Highway (EW) —City of Newport Beach/Caltrans
• Irvine Avenue (NS) at:
0 19th Street/Dover Drive (EW) —Cities of Newport Beach/Costa Mesa
0 17th Street/Westcliff Drive (EW) — Cities of Newport Beach/Costa Mesa
• Dover Drive (NS) at:
o Westcliff Drive (EW) —City of Newport Beach
0 16th Street/Castaways Lane (EW)—City of Newport Beach
o West Coast Highway (EW) —City of Newport Beach/Caltrans
• Bayside Drive (NS) at:
o East Coast Highway (EW) —City of Newport Beach/Caltrans
• Jamboree Road (NS) at:
o East Coast Highway (EW) —City of Newport Beach/Caltrans
• Newport Center Drive (NS) at:
o East Coast Highway (EW) —City of Newport Beach
• Avocado Avenue(NS)at:
o East Coast Highway (EW) —City of Newport Beach
• MacArthur Boulevard (NS) at:
o East Coast Highway (EW) — City of Newport Beach
www.tbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Rwnv 2015-0-10
.A i pq
LI First Amendment to Contract
AutoNation Porsche Project
P L A N N T N G March 23, 2016
The City of Newport Beach intersections will be analyzed with the City of Newport Beach methodology and
significance criteria. The City of Costa Mesa intersections will be analyzed with the City of Costa Mesa methodology
and significance criteria. The City of Newport Beach/Costa Mesa study area intersections will be analyzed for one
year after Opening Year. The Caltrans intersections will be analyzed with the Caltrans methodology and
significance criteria. If the intersection is multiple jurisdictions, then all methodologies and significance criteria's
will be applied.
This Sub -Task includes revisions to the Traffic Impact Analysis per of one (1) round of City comments, whether
verbal or written, and a review of (1) round of public comments (if necessary). Additionally, this Sub -Task includes
attendance at one (1) "kick-off" meeting and up to two (2) public hearings, which may be required to secure
approval of the project.
TASK 4: MEETINGS, HEARINGS, AND PROJECT MANAGEMENT
Sub -Task 4.1: Meetings, Correspondence, and Coordination
Additional budget associated with this Sub -Task covers coordination with the Traffic Impact Analysis technical
report preparer, and additional external coordination including but not limited to communication via phone, e-
mail, letter, memo, and/or web -based conferencing with City staff, public agencies, legal counsel, and Project
Applicant representatives (as needed).
www.cbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
Rc ,u 2015-03-10
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/11/16 Dept./Contact Received From: Terresa
Date Completed: 4/11/16 Sent to: Terresa By: Alicia
Comoanv/Person reouired to have certificate: T&B Planning Inc.
Type of contract:
All Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/1/16-2/1/17
A.
INSURANCE COMPANY: Citizens Insurance Cc of America
B.
AM BEST RATING (A-: VII or greater): A• XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
2,000,000/4,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
N/A
F.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
® N/A ❑ Yes ❑ No
G.
COMPLETED OPERATIONS ENDORSEMENT (completed
❑ N/A ❑ Yes ® No
H.
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/1/16-2/1/17
A.
INSURANCE COMPANY: Allmerica Financial Benefit Ins Co
B.
AM BEST RATING (A-: VII or greater) A; XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 2/1/16-2/1/17
A.
INSURANCE COMPANY: Hanover American Insurance Co
B.
AM BEST RATING (A-: VII or greater): A; XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
M Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
M Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
M NIA ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A M Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY EFF: 9/20/15-9/20/16 CARRIER: CONTINENTAL CASUALTY CO
RATING: A: XV Admitted LIMIT: 1M/2M ❑ N/A M Yes ❑ No
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
4/11/16
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
M N/A ❑ Yes ❑ No
M N/A ❑ Yes ❑ No
M Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
r-10
rJ
CJ
PROFESSIONAL SERVICES AGREEMENT
WITH T&B PLANNING, INC. FOR
AUTONATION PORSCHE CEQA
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 9th day of September, 2015 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and T&B PLANNING, INC., a California corporation ("Consultant'), whose
address is 17542 East 17th Street, Suite 100, Tustin, California 92780, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to prepare an initial study and mitigated
negative declaration in conjunction with California Environmental Quality Act
(CEQA) requirements for the AutoNation Porsche Project ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 31, 2017, 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 Sixty
Thousand Seven Hundred Forty Dollars and 00/100 ($60,740.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
T&B Planning, Inc. Page 2
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Shawn Nevill to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department, Planning Division. City's Associate Planner or designee shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. 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
T&B Planning, Inc. Page 3
Work conforms to the requirements of this Agreement, all applicable federal, state and
local laws, and the highest professional standard.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers 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.
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
T&B Planning, Inc. Page 4
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
T&B Planning, Inc. Page 5
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
T&B Planning, Inc. Page 6
iE l 0191Zt7Owk"T111`v1
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.
T&B Planning, Inc. Page 7
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: Fern Nueno, Associate Planner
Community Development Department, Planning Division
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Tracy Zinn, AICP
T&B Planning, Inc.
17542 East 17th Street, Ste. 100
Tustin, California 92780
T&B Planning, Inc. Page 8
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
T&B Planning, Inc. Page 9
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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
T&B Planning, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNFY'rS OFFICE
Date: 9
Aaron C-4iarp (Alk 0TsIc%j<
City Attorney
ATTEST: r
Date: q q• 1✓
By: ahzi,
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: " ,�z- /
By: 14e�?�A
Kimberly Brandt, AICP
Community Development Department
Director
CONSULTANT: T&B Planning, Inc., a
California corporation
Date: 1S
By:
Tracy n , Al
Vice President
Date: 9
By:
Joel M e
Pre dent CFO
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
T&B Planning, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
T&B Planning, Inc. Page A-1
Proposal for City of Newport Beach -AutoNation Porsche of Newport Beach Project
SECTION B: SCOPE OF WORK L! ,L
SCOPE OF WORK
Project Understanding
Based on information provided in the City's RFP dated June 22, 2015, it is our understanding that the Project
Applicant is seeking to redevelop the property at 320-600 West Coast Highway. Under existing conditions, the
site consists of five (5) parcels containing a small-scale vehicle sales operation, office, retail, and service uses.
The Project Applicant is seeking to demolish and remove the existing structures and develop and operate a two-
story automobile dealership, which will include a showroom, outdoor vehicle display areas, offices, vehicle
service facility, and a parking structure for storage of vehicle inventory and for employee parking. The project
site is designated General Commercial by the land Use Element of the General Plan and the proposed use is
consistent with the General Plan designation.
The City is processing the following applications for the proposed project: Site Development Review, Conditional
Use Permit and a Traffic Study. The applications also include a variance for portions of the building to exceed
the nonresidential shoreline base height limit of 26 feet for structures with flat roofs (Newport Beach Zoning
Code 20.30.60 C.2.c.) and a Tentative Parcel Map.
Given the concern previously expressed by the community about the adjacent commercial project (Mariner's
Point); City staff has identified environmental concerns that include land use compatibility and the height and
bulk of the proposed building. Also, the City anticipates the widening of the West Coast Highway in the future
when redevelopment of properties occurs. Due to the future widening of the highway, we understand that the
City may require the Project Applicant to improve West Coast Highway to its ultimate width consistent with the
master plan of highways. In response to the City's request, the Project Applicant has submitted an alternate site
plan which assumes a widened highway. Other anticipated potential environmental concerns include aesthetics,
in particular, lighting emanating from the project that may affect the existing residences located on the bluff
overlooking the site, and the visual impact of storing vehicles on the rooftop of the building.
Scope of Work
Provided below is T&B Planning's proposed Scope of Work. Please note that the Scope of Work described below
will likely not be undertaken chronologically as presented. To expedite the schedule, there may be considerable
overlap on the timing of each task. Additionally, all meetings and coordination efforts are included under Task
4.1, although these efforts will occur throughout the entire scope of work. Refer to SECTION C, Estimated
Schedule and Project Budget.
It is our understanding that the traffic study will be contracted separately by the City Traffic Engineer and Public
Works Department. As noted in the RFP, a Water Quality Management Plan (WQMP) was prepared by Stantec
and has been provided in the RFP materials. It is our understanding that a Geotechnical Investigation and a
Phase I ESA will be provided by the Project Applicant for use in the CEQA document. The adequacy of these
plans and reports for the purpose of the assessment of environmental impacts in the CEQA document has not
been determined, and these materials may need to be revised to provide sufficient information and analysis to
address each of the CEQA Checklist questions. T&B Planning will review these materials and provide the City
with recommendations on any supplemental information that may be deemed necessary to support the
IS/MND.
Under existing conditions, the site is fully developed with a minimal amount of landscaping; therefore a
biological technical report is not anticipated to be required. Also, according to City of Newport Beach General
Page 10
T&B Planning, Inc.
Proposal for City of Newport Beach -AutoNation Porsche of Newport Beach Project A
SECTION B: SCOPE OF WORK L „
Plan Update EIR Figure 4.4-1, Historic Resources, no historical resources are present on the project site.
Therefore, a cultural resources report is not anticipated to be required. We will conduct a field visit and collect
GPS -referenced photographs to determine whether the project site is visible within important viewing corridors
identified in the City's General Plan. We also assume that the applicant will provide a lighting plan, which we
will use to assess the environmental impacts associated with nighttime lighting. As part of this proposal, T&B
Planning will contract with Urban Crossroads, Inc., for the preparation of an Air Quality and Greenhouse Gas
Impact Analysis and a Noise Impact Analysis. The scope of work and budget provided below assumes that no
additional technical studies would be required to support the IS/MND. If such studies are determined
necessary, we will revise our scope of work and budget as necessary and appropriate.
TASK 1: PREPARE SCREENCHECK IS/MND
Sub -Task 1.1 Research, Data Acquisition, and Review of Technical Reports
During this task, T&B Planning will collect and review applicable information about the proposed project and
environmental conditions of the subject property to gain a basic, working knowledge of the project site. T&B
Planning will conduct a field visit and take photographs to document existing site conditions, surrounding
development, visibility of the site from public roads and General Plan designated view corridors, and other
aspects of the site's physical and environmental setting that will warrant consideration in the environmental
analysis. The photos will be GPS -referenced and will be used as the baseline for analysis in the MND and the
aesthetics evaluation as required by CEQA. This task will also include the review of all technical reports provided
by the applicant in order to ensure their adequacy for inclusion in the IS/MND.
Sub -Task 1.2 Prepare Project Description
Prior to initiating any substantive work and following Sub -Task 1.1, T&B Planning will prepare a Project
Description to be used throughout the CEQA compliance process. Based on our previous work with the City, we
understand that the City prefers the inclusion of a highly detailed Project Description in IS/MND documents
prepared on behalf of the City. The Project Description will include both text and exhibits and describe the
proposed project and its associated applications and characteristics. We expect that a majority of the exhibits
will be derived from the application materials (i.e. building elevations, etc.), with minimal graphic manipulation
work required by T&B Planning to support the CEQA process. If application materials are revised after the
Project Description is prepared, additional budget would be required for Project Description updates.
Sub -Task 1.3 Prepare Screencheck IS/MND
T&B Planning will prepare a Screencheck IS/MND using the City's approved CEQA Environmental Checklist Form.
The Draft IS/MND will include:
• Introduction. The Introduction will explain the purpose of the MND, describe the format and content of the
MND, and provide an overview of CEQA requirements for preparation and processing of MNDs;
Environmental Setting. The Environmental Setting will identify the project's location and describe the
physical environmental conditions in the vicinity of the project site, including, but not limited to: site access;
site conditions; existing and surrounding land uses; and existing environmental characteristics (e.g.,
hydrology/drainage, etc.); and
• Project Description. The Project Description will provide a description of the Project and future
discretionary and/or ministerial approvals needed to implement the project, and the project's construction
Page 11
T&B Planning, Inc.
Proposal for City of Newport Beach -AutoNation Porsche of Newport Beach Project !
SECTION B: SCOPE OF WORK U [ yA
and operational characteristics. It is anticipated that a majority of the text within this section will
incorporate the Project Description prepared as part of Sub -Task 1.2.
Environmental Analysis. This section will include:
— Statement of the purpose and scope of the IS;
— Disclosure of the Lead Agency and any other public agencies that must approve the project
— Description of the proposed discretionary actions;
— Description of the project's characteristics;
— Description of the project's location;
— Overview of existing site and surrounding conditions/environmental setting;
— Examination of project consistency with the site's proposed zoning, plans, and any other applicable land
use controls;
— List of references used;
— Environmental evaluation by CEQA subject area (Environmental Checklist);
— Review of pertinent sections of the Newport Beach General Plan and General Plan EIR
— Determination as to the required type of CEQA document.
The Environmental Checklist and Responses to Environmental Checklist will be the primary work effort for this
task. The Responses to Environmental Checklist section will contain a thorough analysis and determine the
significance of impacts to the following environmental resources.
— Aesthetics
— Air Quality
— Geology and Soils
— Greenhouse Gas Emissions
— Hazards and Hazardous Materials
— Hydrology and Water Quality
— Land Use and Planning
Noise
Population and Housing
Public 5ervices
— Recreation
— Transportation and Traffic
— Utilities and Service Systems
— Mandatory Findings of Significance
Because the site is fully developed, we anticipate that only nominal analysis will be required for: Agriculture and
Forestry Resources; Biological Resources; Cultural Resources; and Mineral Resources.
Each of the environmental issue areas will be assigned a significance rating of "No Impact," 'Less than Significant
Impact," or "Less than Significant with Mitigation Incorporated." For each issue area, a detailed rationale will be
provided within the Responses to Environmental Checklist section to provide substantive evidence for the
conclusion drawn. Where necessary, mitigation measures will be identified to reduce any potentially significant
impacts to a level below significant. References will be cited and relied upon as appropriate. T&B Planning
assumes that the Screencheck draft IS/MND will be provided to the City as an electronic copy (in MS Word
and/or as a PDF file) to facilitate the review and comment of the document.
Sub -Task 1.4 Revised Screencheck IS/MND
At the completion of Sub -Task 1.3, T&B Planning will incorporate comments provided by City staff and the
project applicant's representative and produce a Revised Screencheck IS/MND. This sub -task assumes that one
compiled set of comments will be provided to T&B Planning, and that no substantial revisions to the Project
Description or technical studies will be required.
Page 12
T&B Planning, Inc.
Proposal for City of Newport Beach -AutoNation Porsche of Newport Beach Project
SECTION B: SCOPE OF WORK i;!
TASK 2: PREPARE MMRP, PUBLIC REVIEW DRAFT MND, AND FINAL MND
This proposal assumes that the results of the IS/Environmental Checklist will determine that all project -related
impacts are either less than significant, or would be reduced to a level below significant with the incorporation
of mitigation measures. In the event that the analysis conducted pursuant to Sub -Task 1.3 identifies impacts
that cannot be mitigated to a level below significant, then an EIR would be required. Preparation of an EIR is not
accounted for by this Scope of Work, and is not anticipated to be needed.
Sub -Task 2.1 MMRP
As part of the IS/MND, T&B Planning will clearly identify all significant impacts and recommend feasible
mitigation measures to reduce those impacts to below a level of significance. T&B Planning also will prepare a
Mitigation Monitoring and Reporting Program (MMRP) in accordance with State law and City of Newport Beach
requirements to ensure implementation of mitigation measures, standard conditions, and project design
features required as part of specific project approvals. The MMRP will be provided to the City for review. One
round of revision to the MMRP is budgeted to respond to all reasonable comments made by City staff. We
anticipate that one review cycle will be sufficient; however, if the City requests a second review, T&B Planning
would arrange a meeting with the appropriate City staff to discuss the City's comments and recommend
appropriate ways to address any concerns. Note: If during the preparation of the IS we determine that no
mitigation measures are required and a ND is the required CEQA document, this task and its associated cost will
be removed.
Sub -Task 2.2 Prepare Public Review MND for Distribution
Upon receiving the City's authorization to finalize the Draft MND, T&B Planning will prepare and print the
document for public distribution and work with City staff to compile the MND's distribution mailing list. This
proposal assumes that the applicant's Title Company will provide mailing labels for property owners within the
City's required notification radius, if applicable. This proposal also assumes that the City of Newport Beach will
provide their standard public agency notification list as a basis from which to compile the MND's distribution
mailing list. T&B Planning will conduct the required mailing, in both hard copy and electronic (CD) formats. It is
assumed that a majority of recipients would receive either only a Notice of Intent (NOI), or copies of the MND
on CDs, with minimal hard copies needed. The MND will be packaged with all of the supporting technical
studies serving as MND Appendices. For purposes of budgeting, it is assumed that all supporting technical
studies will be provided in electronic format on CDs, and that there would be no more than 25 recipients of the
draft MND document (in CD format with hard copies supplied for public libraries and City use). As part of this
task, T&B Planning also will prepare the CEQA-required Notice of Intent (NOI) to adopt a MND.
Sub -Task 2.3 Consider Public Comment on MND
Upon completion of the public review period, T&B Planning will review all comment letters, and evaluate the
MND for CEO,A adequacy in consideration of the submitted comments. In response to letters of comment,
revisions may be necessary to the MND which will be discussed with the City and authorized prior to changes
being made to the document. For purposes of this proposal, our budget assumes that only minor MND changes
would be necessary to prepare the Final MND for consideration by City decision -makers. Formal written
responses to comments are not required by CEQA for a MND; nonetheless, we have budgeted to supply written
responses for up to 15 substantive comments.
Page 13
T&B Planning, Inc.
Proposal for City of Newport Beach -AutoNation Porsche of Newport Beach Project I
SECTION B SCOPE OF WORK L,14 1.4
Sub -Task 2.4 Prepare Final MND and Notice of Determination (NOD)
T&B Planning will prepare a Final MND in the form of an Errata Table of Changes/Additions to the Draft MND for
review and approval by City staff. Pursuant to receiving the City's approval, T&B Planning will package the Final
MND with the Draft MND for use by the decision makers during the public hearing stages.
After adoption of the MND by the City Council, T&B Planning will prepare a Notice of Determination (NOD) form
pursuant to Section 15075 of the State CEQA Guidelines. Once reviewed and approved by City staff, T&B
Planning will post the NOD with the County Clerk and submit the required fees. We expect a check for the filing
fees to be supplied by the project applicant. Timely filing of the NOD (within five (5) working days of final
decision) reduces the statute of limitations on court challenges to the approval under CEQA to 30 calendar days.
TASK 3: PREPARE TECHNICAL STUDIES
As noted in the RFP, the traffic study will be contracted separately by the City Traffic Engineer and Public Works
Department. As noted in the RFP project materials, a Water Quality Management Plan (WQMP) has been
provided. it is also our understanding that a geotechnical report and a Phase I ESA will be provided by the
Project Applicant,
Urban Crossroads, Inc. as a subconsultant to T&B Planning will prepare an Air Quality and Greenhouse Gas
Emissions Impact Analysis and a Noise Impact Analysis. Additional technical studies that may be required in
support of the project are not budgeted at this time, nor are anticipated to be needed.
The scopes of work for the air quality and greenhouse gas impact analysis and the noise impact analysis are
summarized below. The budget for these tasks assumes one (1) round of revisions to a first draft report for each
topic, based on comments provided by the City or Project Applicant.
Sub -Task 3.1 Air Quality and Greenhouse Gas Emissions Impact Analysis (Urban Crossroads, Inc.)
Existing air quality conditions will be documented and described, along with the impact significance thresholds
recommended by the South Coast Air Quality Management District (SCAQMD). Emissions associated with the
project will be estimated and compared to emissions that would be generated by the proposed project. Project
impacts will be assessed based on the net increase in criteria pollutant emissions, compared to the SCAQMD
localized and regional emissions thresholds. Impacts will be assessed for construction activities and for the long-
term operations of the completed project.
Greenhouse gas emissions (GHGs) associated with the project will be quantified and compared to the levels of
GHGs associated with construction and operations of the proposed project. Net new GHGs will be examined for
a determination of significance with respect to SCAQMD's recommended interim thresholds for project -level
assessments, and with respect to GHG reduction measures identified in the City's Energy Action Plan and
General Plan EIR.
Sub -Task 3.2 Noise Impact Analvsis (Urban Crossroads. Inc.
The existing noise conditions will be documented and described, which will include an identification of
applicable, Federal, State and Local Noise criteria, including the City of Newport Beach Noise Element and
Municipal Code as well as the Mariner's Mile Strategic Vision and Design Framework to determine appropriate
noise standards and significance criteria. The Project study area will be reviewed to identify noise sensitive uses
Page 14
T&B Planning, Inc.
.1�
Proposal for City of Newport Beach -AutoNation Porsche of Newport Beach Project 1 LSECTION B: SCOPE OF WORK
as well as the source and location of potential noise generators. This information will be used to select the noise
monitoring locations.
Urban Crossroads will conduct long-term 24-hour ambient noise level measurements in the project study area at
up to eight (8) locations to quantify the existing noise environment. The noise level measurements will be
collected consistent with the criteria outlined in the City's Municipal Code.
A construction noise and vibration analysis will be provided, that will identify the mix, quantity and duration of
planned construction activities. The construction noise and vibration analysis will estimate the potential impacts
expected at nearby noise -sensitive uses during short-term construction activities. The analysis will assess the
construction noise levels by phase at each surrounding noise sensitive receptor location, taking into account the
distance and existing noise barriers.
An off-site traffic noise analysis will be conducted that will include the identification of off-site average daily
traffic volumes (ADT) and related noise levels from the traffic impact analysis. Urban Crossroads will calculate
the existing, opening year and future 70, 65 and 60 dBA CNEL noise level contour boundaries for the baseline
(existing) conditions, opening year and future conditions on up to twenty study area roadway segments. The
analysis will also calculate the future project contributions by comparing the "with" and "without" project noise
contours on the study area roadways for the proposed project and will determine if the project will create a
significant noise impact on any analyzed roadway segments. Finally, the off-site traffic noise analysis will assess
vehicle test drive routes and the potential for off-site traffic noise level impacts on noise sensitive receiver
locations.
The noise impact analysis report will include an evaluation of operational on-site noise, which will include the
collection of reference noise level measurements to represent the expected stationary source impacts including:
parking activity form cars and delivery trucks, operation of high speed roll -up door, the car lift elevator and the
service area ventilation system. Additional noise sources may also include audible paging systems, car alarms,
and automated washing and drying systems. This evaluation will utilize computer noise prediction modeling to
estimate the noise levels at any location within the study area. The analysis will include a map showing the
relationship between the noise source and each surrounding noise -sensitive receptor, taking into account the
distance and existing noise barriers.
TASK 4: MEETINGS, HEARINGS, AND PROJECT MANAGEMENT
It is our intent to anticipate the meetings, hearings, coordination and correspondence which might be required
as part of this task. However, because working on entitlement projects is so often "reactive," it is impossible to
know exactly what work will be needed. Therefore, while we have provided budgets for each of the tasks
below, these budgets should be considered estimates only, because all work performed under this Phase of
work by T&B Planning will be on a Time and Materials basis in accordance with our HOURLY RATES AND &LUNG
POLICY, which is included herein within SEcnoN D. Certain tasks can be anticipated and have been identified, but
we also realize that a client's needs sometimes require additional meetings, unanticipated correspondence, etc.
As the work efforts associated with these tasks are identified, we can provide updated budget estimates for
their completion.
Page 15
T&B Planning, Inc.
Proposal for City of Newport Beath -AutoNation Porsche of Newport Beach Project !
SECTION B: SCOPE OF WORK „! J
Sub -Task 4.1 Meetings, Correspondence, and Coordination
All time spent by T&B Planning in attending meetings, preparing/updating project schedules, or in
coordinating/communicating via phone, e-mail, letter and/or web -based conferencing with City staff, public
agencies, the project proponent, and technical consultants (as needed) will be billed on a Time and Materials
basis against the budget for this task. As part of this Sub -Task, T&B Planning also will provide quality control
services for the project's air quality and greenhouse gas impact analysis and noise impact analysis and for critical
review of technical studies prepared for the Project Applicant. Accordingly, we will review the various
supporting documents prepared for the Applicant to determine if sufficient information and analysis is provided
to support our response to the Initial Study Checklist questions. If we should identify additional information
needs, the Applicant will direct their consultants to provide that information, to the satisfaction of City staff and
T&B Planning.
Attendance at Public Hearings is budgeted separately as part of Sub -Task 4.2.
Sub -Task 4.2 Public Hearings
A T&B Senior Project Manager will attend up to three (3) public hearings before the City Planning Commission
and City Council. If additional public hearings are required, then attendance at such hearings will instead be
invoiced based on the additional hours and expenses involved.
Sub -Task 4.3 Publication and Print Coordination
This sub -task covers work efforts that are required to prepare, publish, and quality -control proofread the IS and
MND and other materials for review and distribution, as hard and/or electronic copies. As per the request of
the City's RFP for this project, T&B Planning will provide 15 hard copies of the Final IS/MND and an electronic
version in a fully bookmarked PDF file(s).
The actual number of hours associated with this task may be higher or lower than the estimated budget;
however, we will only bill for the actual number of hours required.
Sub -Task 4.4 Administrative Record (Optional Task: Not Budgeted)
If requested by the City, T&B will provide an administrative record of reports and communications pertaining to
the preparation of the MND. This would facilitate the City's efforts to comply with requests for such a record in
the event of a legal challenge or satisfy the City's desire to maintain this documentation as a matter of practice.
This task is described below.
Before the Draft MND is released for public review, and again before the first public hearing, T&B Planning will
prepare a comprehensive electronic record, with a corresponding index, of all relevant documentation in our
possession for transfer to the Lead Agency as part of the Administrative Record. Relevant documentation will
include final versions of the Initial Study/NOP, Draft MND (before public review), Final MND (before first public
hearing), supporting technical reports, all information sources cited in the MND's references section, and
pertinent written correspondence related to the MND analysis methodologies and findings. T&B Planning will
provide the Lead Agency with one (1) CD containing these items for the Administrative Record.
Page 16
T&B Planning, Inc.
Proposal for City of Newport Beach -AutoNation Porsche of Newport Beach Project !
SECTION B: SCOPE OF WORK L, 1.4
TASK
TASK 5: REIMBURSABLE COSTS
Sub -Task 5.1 Reimbursable Costs
The following provides an estimate of the direct costs that are anticipated to be incurred in association with the
project, based on the Scope of Work described herein and the expected number of document pages and copies
that will be required. Reimbursable fees will be billed at -cost.
Sub -Task
... Deliverable Item ......
--Quantity-,
Unit Cost
Total Cost:
1.2
Project Description (Electronic Only)
N/A
N/A
N/C
1.3
Hard Copies 1st Screencheck IS (b/w)
3
$35.00
$105.00
CDs containingl5
3
$10.00.
$30.00
2.1
Hard Copies MND/MMRP (b/w)
3
$40.00
$120.00
CDs containing MND
3
$10.00
$30.00
2.2
Hard Copies MND/MMRP (public review) (with color exhibits)
15
$70.00
.$1,050.00
CDs with Label - Public Review MND
25
$10.00
$250.00
Postage/Delivery — CDs Only
25
$6.00
$150.00
2.4
Hard Copies Final MND/MMRP (with color exhibits)
15
$70.00
$1,050.00
CDs with Label — FinalMND
15
$10.00
$150.00
NOD
N/A
N/A
N/C
3.1
Hard Copies of Air Quality and GHG Impact Assessment (b/w)
5
$15.00
$75.00
3.2
Hard copies of Noise Study (b/w)
5
$15.00
$75.00
.Total Estimated Reimbursable Expenses:
$3,085.00.
1. This proposal assumes that the applicant will provide hard copies of any applicant -prepared technical studies, and that the
applicant will provide T&B Planning with electronic copies of such studies for inclusion on CDs.
2. Hard copies of the Public Review Draft MND/MMRP will be delivered to City Hall for internal distribution to City Staff,
Planning Commission, City Council and public libraries.
Page 17
T&B Planning, Inc.
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EXHIBIT B
SCHEDULE OF BILLING RATES
T&B Planning, Inc. Page B-1
Proposal for City of Newport Beach -AutoNation Porsche of Newport Beach Project
SECTION D: HOURLY RATES AND BILLING POLICY
HOURLY RATES AND BILLING POLICY
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If at any time during the completion of this project, we are requested to perform services beyond the Scope of
Work or if T&B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for
such work in accordance with the hourly rates provided below:
• Principal..................................................................
• Senior Associate......................................................
• Senior Manager/Senior Planner .............................
• Project Manager .....................................................
• Project Planner........................................................
• Environmental Analyst ............................................
• Staff Planner.................................. ....... ...................
• Graphic Artist/GIS Technician .................................
• Administrative Assistant/Assistant Planner............
................................ $175.00/Hour
............................... $125.00/Hour
................................ $125.00/Hour
................................. $ 95.00/Hour
................................. $ 80.00/Hour
................................. $ 80.00/Hour
.................................$ 65.00/Hour
.................................$ 65.00/Hour
............................. $ 40.00/Hour
T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting,
duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery
services). These expenses will be billed at cost. Expert testimony and litigation support services will be billed at
double the above rates.
We invoice on a monthly basis in proportion to the time spent on the project to date. Time and materials labor
is rounded to the one-quarter hour. Fixed fee labor is invoiced based on the percentage of task complete.
Unless pre -arranged, all billing statements are due and payable within thirty (30) days of invoice approval. A
finance charge of 1%a% per month will be charged on all invoices not paid within thirty (30) days of invoice
approval.
Outside professional services performed by other individuals/firms that are sub -contracted through T&B
Planning will be performed only following authorization by you. Billing for any services that are sub -contracted
will be billed at our actual cost.
The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve
processing and discretionary approvals by politically influenced agencies and elected officials for which we can
provide no guarantee of success. The compensation for T&B Planning, its sub -consultants and vendors is not
dependent on agency concurrence or approvals.
All work products, including but not limited to correspondence, reports and maps, generated for this project and
retained by T&B Planning in its files shall be stored for a period of five years after completion of the project and
then discarded, unless T&B Planning is advised in writing by the Client to retain or transfer such files.
Page 21
T&B Planning, Inc.
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
T&B Planning, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
T&B Planning, Inc. Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
T&B Planning, Inc. Page C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
T&B Planning, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/10/15 Dept./Contact Received From: Terresa
Date Completed: 3/10/15 Sent to: Terresa By: Chris/Alicia
Company/Person required to have certificate:
Type of contract:
T&B Planning Inc.
All Other
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/1/15 to 2/1/16
A. INSURANCE COMPANY: Citizens Insurance Co of America
B. AM BEST RATING (A-: VII or greater): A; XIV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided?
2,000,000/4,000,000
E. ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
INSURANCE COMPANY: Allmerica Financial Benefit Ins Co
include): Is it included? (completed Operations status does
B.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
ADMITTED COMPANY (Must be California Admitted):
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I_ PRIMARY & NON-CONTRIBUTORY WORDING (Must be
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
included): Is it included?
® Yes ❑ No
J. CAUTION! (Confirm that loss or liability of the named insured
F.
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L. NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/1/15 to 2/1/16
A.
INSURANCE COMPANY: Allmerica Financial Benefit Ins Co
B.
AM BEST RATING (A-: VII or greater) A; XIV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
0 NIA ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 2/1/15 to 211116
A. INSURANCE COMPANY: Hanover American Insurance Co
B. AM BEST RATING (A-: VII or greater): A; XIV
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
3/10/15
Agent of Alliant Insurance Services E
Broker of record for the City of Newport Beach
1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® NIA ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.