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HomeMy WebLinkAboutC-7875-1 - PSA for CEQA Consulting Services for Newport Center Residencesr PROFESSIONAL SERVICES AGREEMENT i WITH T&B PLANNING, INC. FOR Cl) CEQA CONSULTING SERVICES FOR NEWPORT CENTER RESIDENCES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 30th day of June, 2020 ("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 3200 EI Camino Real, Suite 100, Irvine, California 92602, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide California Environmental Quality Act ("CEQX) consulting services for Newport Center Residences ("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 June 30, 2022, 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 One Hundred Ten Thousand Nine Hundred Seventy Five Dollars and 00/100 ($110,975.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. T&B Planning, Inc. Page 2 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 Tracy Zinn, AICP to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department. City's Associate Planner or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the T&B Planning, Inc. Page 3 requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of T&B Planning, Inc. Page 4 conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of T&B Planning, Inc. Page 5 Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. T&B Planning, Inc. Page 6 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq.• Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Associate Planner Community Development Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Tracy Zinn, AICP T&B Planning, Inc. 3200 EI Camino Real, Suite 100 Irvine, CA 92602 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. 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 T&B Planning, Inc. Page 9 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 OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date:r- Date: to -15-20 B 11;rj A� aro . Harp 0%,W '•'ti' City Attrney ATTEST: Date: d -3d -Zo Z U 9- a-vlp� Leilani I. Brown Attachments: By: Gra96'K/ Leung CittWnager CONSULTANT: T&B Planning, Inc., a California corporation Date: Signed in Counterpart By: Tracy Zinn, AICP Chief Executive Officer and Secretary [END OF SIGNATURES] Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements T&B Planning, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: (o fhw By: J,�-Aaro . Harp w (P to City k1.torney ATTEST: Date: an Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONSULTANT Ca Da By: C T&B Planning, Inc., a [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 EIR Proposal — Newport Center Residences I Exhibit A: Scope of Work ! I Provided below is T&B Planning's proposed work program for completing the required EIR for the Newport Center Residences project. To expedite the schedule, some tasks will occur concurrently. PHASE 1 PROJECT INITIATION AND INITIAL STUDY Task 1.1 Project Initiation and Project Description This task covers initial electronic file transfers between T&B Planning and the CiTy and project applicant team as necessary, including but not limited to documents, drawings, CAD files, and GIS files, to initiate the project and support our understanding of the project's components. We understand that the property is located within Statistical Area -1 as designated by the City of Newport Beach General Plan and to entitle the project as proposed, applications may (subject to verification) consist of a General Plan Amendment, Zoning Code Amendment, Planned Community Development Plan, Site Development Review, and Tentative Tract Map. T&B Planning will prepare a formal Project Description that will be used throughout the CEQA compliance process. The Project Description will include both text and exhibits to describe the proposed project and its technical aspects in a level of detail required by CEQA. Both construction and operational details will be included. We will need a copy of the applicant's Construction Management Plan to prepare the CEQA Project Description and/or detailed information about the construction process. Exhibits will be prepared to support the Project Description based on electronic files supplied by the Applicant's design team (architect and/or civil engineer). We expect that the civil engineer and architect will provide their technical drawings and plans to T&B Planning for the proposed project in both CAD format (including all x -refs, fonts, and pen settings) and in Portable Document Format (PDF). Task 1.2 Prepare Initial Studv Based on the Project Description prepared pursuant to Task 1.1, T&B Planning will prepare a CEQA Initial Study to support the EIR's Notice of Preparation (NOP). For topics that will be evaluated in the EIR, the response will be brief, noting that the issue will be evaluated in the EIR. For topics that will be screened out of the EIR, the response also will be brief, with more substantial evidence as warranted presented in the EIR's "Environmental Effects Found not to be Significant" section. T&B Planning will submit the completed Initial Study to the City for review; T&B Planning will revise the Initial Study in accordance with any City comments received and submit a revised version to the City for final approval. This proposal assumes that there will be one (1) round of review by the City and that requested revisions, if any, would be minor in nature. Task 1.3 Prepare Notice of Preparation (NOP) and Evaluate NOP Comment Letters Following City approval of the Initial Study, T&B Planning will prepare the required Notice of Preparation (NOP). We will rely on the City to prepare the NOP distribution list. If T&B Planning is asked to conduct the NOP mailing/distribution, we will perform the mailing under Task 4.3. During the 30 -day public review period of the NOP, T&B Planning will periodically contact City staff and request that they forward copies of the public comment letters to T&B Planning as they are received. We will review the comment letters to ensure that relevant Page 2 T&B Planning, Inc. EIR Proposal — Newport Center Residences Exhibit A: Scope of Work ! ,I comments are addressed in the EIR. If any comments necessitate an expanded scope of analysis in the EIR, we will immediately reevaluate our scope of work for the EIR and notify the City if any scope changes are needed. Task 1.4 Technical Report Preparation and Review The following technical reports will be prepared under T&B Planning's scope of work. We expect that other reports not listed will be provided by the Project applicant. These may include but not be limited to: Geotechnical, Phase 1/11 ESA, Hydrology/Storm Drain, Water Quality Management Plan, Water/Sewer Capacity, and Water Availability. In addition, we expect that the Project applicant will provide photo simulations of the proposed project from public streets and other public viewsheds in the surrounding area. The City is expected to provide us with a list of cumulative projects. The following reports and technical memoranda will be prepared by Urban Crossroads, Inc., under a sub - consulting agreement to T&B Planning. Urban Crossroads prepared the technical analysis for the project that was previously prepared on this property and is familiar with the technical needs and the baseline operational characteristics of the car was and gas station that will be removed from the property. Due to COVID-19 stay-at- home orders, we do not propose to collect new traffic counts or noise measurements because current conditions are not representative of a normal baseline condition. The existing conditions data reported from our prior CEQA compliance work on this property will be used, and a growth factor will be applied. A. Trip Generation Memo B. Air Quality and Greenhouse Gas Emissions Model Results and Memo C. Noise Model Results and Memo The following technical information will be collected and prepared by Duke CRM, under a sub -consulting agreement to T&B Planning. Because the car wash and gas station were constructed in approximately 1970, the structure is of age to necessitate an evaluation for historic resources. In addition, because Native American consultation will be offered under SB -18 and AB -52, a current cultural records search will be needed, which Duke CRM will provide from the South -Central Coastal Information Center at a %: mile radius. D. Cultural Resources Record Search E. Historic Resource Evaluation T&B Planning will review the five technical memoranda for CEQA adequacy, and also will review up to five technical reports expected to be provided by the Project applicant to support the EIR, for a total of 10 memoranda and reports. We have budgeted for 20 hours of staff time to review technical information and coordinate with report authors for clarifications and corrections. PHASE 2 PREPARE DRAFT ENVIRONMENTAL IMPACT REPORT Task 2.1 Prepare Administrative Draft EIR T&B Planning will commence with the preparation of the Administrative Draft EIR immediately following distribution of the NOP for public review. The EIR will evaluate the proposed project pursuant to CEQA Guidelines Section 15161. Much of the baseline data we collected and prepared during our prior work efforts on this same property will be reused. The EIR will generally include the following sections: Page 3 T&B Planning, Inc. EIR Proposal — Newport Center Residences ' Exhibit A: Scope of WorkI 4 . Executive Summary. This introductory section will provide a synopsis of the proposed project; a summary of the project alternatives, including an identification of the "Environmentally Superior Alternative(s);' and a brief discussion of areas of controversy and issues to be resolved by the decision-making body. The Executive Summary also will include a Summary Table, which will identify the significance of each impact, mitigation measures, the party responsible for implementing each mitigation measure, and the timeframe in which each measure should be completed. Introduction. The Introduction will explain the purpose of the EIR, the legal authority for preparation of the EIR, and the EIR process. Relationship to the City's General Plan and General Plan EIR will be discussed. In addition, the Introduction will identify the Lead Agency (City of Newport Beach), and any Responsible Agencies, and/or Trustee Agencies. The relationship of each component of the project to future project approvals and/or environmental permits also will be described. Environmental Setting. The Environmental Setting will describe the project's location, geographic and physical setting, surrounding land uses, and the physical environmental conditions of the project site as they existed on the approximate date of the EIR's NOP issuance. A brief overview of the environmental conditions of the project area also will be provided. This section will emphasize unique or rare resources within the geographic vicinity that could be impacted by the project. In addition, a summary of the existing planning and policy context will be presented, including the relationship of the proposed project to the General Plan, zoning, and other applicable regional plans and policy documents. Project Description. The EIR's Project Description, which will be based on the Project Description prepared as part of Task 1.1, will be used as the basis for the impact analysis throughout the EIR. This section will include a brief description of the project's location and setting. This section also will identify the objectives of the proposed project, which will form the basis for subsequent analysis of project alternatives. In addition, detailed descriptions of the proposed project will be included, which will consist of a summary of actions that may be associated with the implementation of each component of the project. Any areas anticipated to be impacted by off-site improvements also will be described in this section. Environmental Effects Found not to be Significant. This EIR section will disclose effects that were found not to be significant during EIR scoping and that do not warrant an in-depth analysis in the EIR. Environmental Impact Analysis. The Environmental Impact Analysis section will address each environmental issue identified by the Initial Study for evaluation, in the following general manner: • Existing Conditions • Applicable Environmental Regulations • Basis for Determining Significance • Impact Analysis (including Cumulative Impact Analysis) • Significance of Impacts before Mitigation • Mitigation (includes applicable Project Design Features, City Regulations, and the Mitigation Measures) • Significance of Impacts after Mitigation (if mitigation measures are required) The budget for this section anticipates the following topics to be analyzed. It is assumed that the other environmental topics will be screened out of the need for a full evaluation through the Initial Study. Page 4 T&B Planning, Inc. EIR Proposal — Newport Center Residences Exhibit A: Scope of Work • Aesthetics • Air Quality • Biological Resources • Cultural Resources • Geology/Soils • Hazards & Hazardous Materials • Hydrology/Water Quality • Land Use/Planning • Noise • Transportation • Tribal Cultural Resources • Utilities/Service Systems Alternatives to the Proposed Project. This section will evaluate a reasonable range of project alternatives defined in consultation with the Project applicant and City staff. Each alternative identified in this section will be intended to meet the project's primary objectives while minimizing or eliminating significant environmental effects associated with the project. For purposes of budgeting for this task, we expect that three (3) alternatives will be analyzed for the project, including the No Project Alternative. Alternatives considered in a prior EIR prepared for this same property will be reconsidered. If exhibits illustrating the project alternatives are required, this proposal assumes that the exhibits will be provided by the Project applicant at a level of detail that facilitates analysis as required under CEQA. Other CEQA Considerations. The EIR will summarize unavoidable impacts of the project and will identify whether or not the impacts will be mitigated to below a level of significance. The EIR also will disclose significant irreversible environmental changes which would be involved in the proposed action should it be implemented. A discussion of Growth Inducement will focus on elements of the project which could remove obstacles to growth in the area, such as expanded water and sewer service capabilities and the provision of improved roadway connections. References. This EIR section will identify all reference sources used and persons contacted in order to prepare the EIR. Upon completion, the Administrative Draft EIR will be submitted to the City for review. Task 2.2 Revise Administrative Draft EIR per City Comment Based on City staff review of the Administrative Draft EIR document, T&B Planning will revise the EIR document to respond to comments, questions, and requests for clarification. This proposal anticipates that comments will be minor to moderate in scope and complexity. If requested, all document revisions will be indicated in strikeout/underline format based on comments provided by the City. For the purpose of creating a budget for this task, we anticipate that the City will not require substantial changes to the Project Description or request substantial expansions to any technical studies prepared in support of the EIR. Up to 40 hours of staff time is budgeted for revisions. Task 2.3 Prepare Public Review Draft EIR and Public Notices Upon receiving authorization from the City to publish the Draft EIR, T&B Planning will prepare and print for public distribution, the Draft EIR and its Technical Appendices pursuant to City direction and State requirements. T&B Planning will prepare the Notice of Completion (NOC) and other public notices required for the Draft EIR's 45 -day public review period. We expect that the City will prepare the mailing list and an advertisement for publication in the local newspaper as required by CEQA. If T&B Planning is asked to conduct the DEIR mailing/distribution, we will perform the mailing under Task 4.3. Page 5 T&B Planning, Inc. EIR Proposal — Newport Center Residences I Exhibit A: Scope of Work L! i During the 45 -day review period, written public comment will be directed to the City. T&B Planning will request that the City forward copies of the comment letters to us as they are received, and then send us the complete set of original letters at the close of the public comment period. This will ensure that we have a complete package and allow for scanning at the best quality possible. If any comments necessitate an expanded scope of analysis in the Final EIR, we will immediately evaluate our scope -of -work and notify the City. PHASE 3 PREPARE FINAL EIR AND RESPONSES TO PUBLIC COMMENT Task 3.1 Prepare Responses to Public Comments and Administrative Draft Final EIR Upon completion of the 45 -day public review period, T&B Planning will prepare written responses to all comment letters received. Collaboration with the City will occur as needed. If the Technical Appendix report authors are required to assist with technical responses, we will request their assistance as needed, but such assistance is not budgeted herein. Concurrently, T&B Planning will incorporate any necessary revisions into the EIR as necessary to clarify or correct information in support of the draft Response to Comments. A new section in the EIR ("Final EIR") will document the public review process for the Draft EIR, summarize the comment letters received, and identify the nature, location, and reason for any and all revisions incorporated into the Final EIR. The draft Response to Comments, the Final EIR section, and any changed pages in the Draft EIR will be submitted for the City's initial review. Two (2) rounds of minor to moderate revisions are budgeted. The budget for this task assumes 50 hours of staff time. Task 3.2 Prepare Findings of Fact and Statement of Overriding Considerations T&B Planning will prepare the CECIA documents required for the Final EIR public hearings, including the Statement of Overriding Considerations (if required) and the Section 15091 CEQA Findings of Fact (requiring a summary of each effect, identification of one or more of the required CEQA findings, listing of the associated mitigation measures, and the rationale for implementing the measures). The document will be submitted to the City for its use. The budget for this task assumes that the City Attorney will finalize the document with no additional assistance from T&B Planning. Task 3.3 Prepare Mitigation, Monitoring, and Reporting Program (MMRP) Using the summary table from the EIR's Executive Summary, T&B Planning will produce a Mitigation Monitoring and Reporting Program (MMRP) in accordance with CEQA and City requirements to ensure implementation of mitigation measures, standard conditions, and project design features assumed in the EIR's analysis of impacts. The MMRP will identify the conclusions drawn by the EIR, identify the level of impact significance for each significance threshold, list every mitigation measure listed in the EIR, and identify the implementation timing and responsible parties Task 3.4 Prepare Final EIR and Notice of Determination Upon receiving the City's approval of the Response to Comments, T&B Planning will publish the Final EIR for use by the decision -makers during the public hearing stages. Additionally, T&B Planning will coordinate with the City to ensure that copies of the Responses to Comments have been distributed via certified mail to all agencies/individuals who commented on the Draft EIR. The budget for this Proposal assumes that the City will conduct the mailing as part of the public hearing advertisement. Page 6 T&B Planning, Inc. EIR Proposal — Newport Center Residences Exhibit A: Scope of Work If and when the Final EIR is certified by the City Council, T&B Planning will prepare a Notice of Determination (NOD) form pursuant to Section 15094 of the CEQA Guidelines and ensure that the NOD is posted with the County Clerk within five (5) working days of final decision by the City Council. PHASE 4 MEETINGS, PROJECT MANAGEMENT, AND QUALITY CONTROL It is our intent to anticipate the meetings, hearings, coordination, and correspondence which may be required as part of the overall scope of work. All work performed under this Phase will be invoiced on a Time and Materials basis in accordance with our HOURLY RATESAND BILLING POLICY. Task 4.1 Meetings, Correspondence. and Coordination This task is intended to cover all coordination tasks associated with T&B Planning's CEQA compliance work. This includes all time spent by T&B Planning attending meetings, participating in conference calls, preparing/updating project schedules and all external coordination including but not limited to communication via phone, e-mail, letter, memo, and/orweb-based conferencing with City staff, public agencies, and the Project applicant or its legal counsel (if needed). This task also includes all of T&B Planning's coordination efforts with the City and tribal groups regarding Native American tribal consultation pursuant to the requirements of Senate Bill 18 (SB 18) and Assembly Bill 52 (AB 52). This task will commence upon authorization of our contract and will continue throughout the duration of our scope of work. All coordination work performed by T&B Planning will be within our proposed estimated budget and billed on a Time and Materials basis. A total of 35 staff hours are budgeted. Task 4.2 Public Hearings A T&B Planning Principal and/or Senior Project Manager will prepare for and attend two (2) public hearings to present the Final EIR and answer questions regarding the CEQA process and documentation. Time preparing for, attending, and traveling to/from public meetings/hearings will be billed on a Time and Materials basis against the not -to -exceed budget for this task. A total of 24 staff hours are budgeted to prepare materials for and attend the public hearings. Task 4.3 Publish and Distribute Proiect Documents Work conducted under this task includes compilation of the Initial Study/NOP, Administrative Review Draft EIRs, Draft EIR, and Final EIR for printing and distribution. These documents will likely be distributed in both PDF and hard copy formats. Work efforts include creating master PDFs, burning documents to CDs or USBs, creating labels, coordinating hard copy printing, and document distributions via mail, delivery service, or other methods. Up to 50 labor hours are budgeted. PHASE 5 REIMBURSABLE EXPENSES Task 5.1 Reimbursable Expenses The proposed budget includes reproduction and other related costs. The number of copies to be provided indicated in the table below includes estimations and not fixed numbers. Costs associated with the below -listed deliverables shall be invoiced in accordance with our HouRLVRATESANo BILLING Poucv. It should be noted that the actual deliverables that may be needed in support of the project may vary from the list of deliverables provided below, and that not all of the deliverables listed below may be necessary. The budget for this task is intended to include any and all deliverables required for the project, whether listed below or not. Page 7 T&B Planning, Inc. EIR Proposal — Newport Center Residences Exhibit A: Scope of Work Expected Expenses Deliverable Format of Deliverable Initial Study/ 5 Hard Copies of IS/NOP Notice of Preparation 10 CDs/Flash Drives of the IS/NOP • FedEx expense for delivery of IS/NOP materials to City Draft EIR 8 Hard Copies of the DEIR • 20 CDs/Flash Drives of the DEIR with Technical Appendices • 1 CD/Flash Drive containing Administrative Record references FedEx expense for delivery of DEIR materials to City Final EIR • 8 Hard Copies of the FEIR • 20 CDs/Flash Drives of the FEIR with Technical Appendices • 1 CD/Flash Drive containing Administrative Record references • FedEx expense for delivery of FEIR materials to City Page 8 T&B Planning, Inc. EXHIBIT B SCHEDULE OF BILLING RATES T&B Planning, Inc. Page B-1 EIR Proposal - Newport Center Residences Exhibit B: Project Budget The services set forth in EXHIBIT A, Scope of Work, shall be provided pursuant to the following cost estimate: Phase 1 Project Initiation and Initial Study Task 1.1 Data Acquisition and Project Description Fixed Fee $3,840.00 $0.00 Task 1.2 Initial Stud Fixed Fee $5,755.00 $0.00 Task 1.3 NOP and NOP Comment Letters Fixed Fee $920.00 $0.00 Task 1.4 Technical Repo rt Pre arati on and Review Fixed Fee $3,780.00 $0.00 Task 1.4A Tri Generation Memorandum Sub -Consultant $1,400.00 $0.007 Task 1.48 Air Quali and GHG Model Results +Memo Sub -Consultant $5,750.00 $0.001 $5,750.00 Task LAC Noise Model Results +Memo Sub -Consultant $4675.00 $0.00 $4,675.00 Task 1.4D Cultural Records Search Sub -Consultant $2440.00 $0.00 $2440.00 Task 1.4E Historic Structure Evaluation Sub -Consultant $2,900.00 $0.00 $2900.00 Sub -Total - Phase l: 31 60A0 $0.0031 60.00 Phase 2 Pre are Drag EIR Task 2.1 Pre are Admini strative Draft ElR Fixed Fee $39,825.00 $0.00 $39825.00 Task 2.2 lRevise Administrative Draft EIR Estimated Fee $0.00 $6,200.00 $6,200.00 Task 2.3 JPublic Review Draft EIR and Public Notices Fixed Fee $2,690.00 $0.00 $2,690.00 Sub -Total - Phase 2: $42,515.00 $6,200.00 $48,715.00 Phase 3 Pre are Final EIR and Responses to Public Comment Task 3.1 Responses to Public Comments and Admin. Final EIR Estimated Fee $0.00 $8395.00 $8395.00 Task 3.2 Findings of Fact and SOC Fixed Fee 270.00 $0.00 S3.270.00 Task 3.3 Prepare MMRP Fixed Fee gi$2,300.00 630.00 $0.00 $630.00 Task 3.4 Final EIR and NOD Fixed Fee $0.00 $2,300.00 Sub -Total - Phase 3: 00.00 $8395.00 $14 95.00 hase 4 Meetin Project Management, and QualityControl ask 4.1 P Meetings, Correspondence, and Coordination Estimated Fee $0.00 $5375.00 $5,375.00 a s 4.2 Public Hearings Estimated Fee $0.00 $3880.00 $3880.00 a s 4.3 Publish and Distribute Project Documents Estimated Fee $0.00 $4,810.00 $4810.00 Sub -Total - Phase 4: $0.00 $14065.0 $14065.00 Phase 5 lReIrnbursable, Expenses Task 5.1 Reimbursable Ex ensesI Total Estimated Fee Project Budget:1 0.001 $80,175.001 $2140.00 r :rt ri $2140.00 $110,975.00 Notes: 1) Fixed Fee tasks are based on the accompanying SCOPE OF WORK. These fees will not be exceeded unless the City dictates changes to the SCOPE OF WORK. 2) Estimated Fees are estimates for budgeting purposes. Work shall be performed under these tasks on a Time and Materials basis in accordance with our HOURLY RATESAND BILLING POLICY. 3) Task 5.1 will cover out-of-pocket expenses (including, but not limited to, blueprinting, printing, duplicating/copying, reproduction, photography, and delivery services) which will be invoiced in accordance with our HOURLY RATES AND BILLING POLICY. Page 9 T&B Planning, Inc. EIR Proposal — Newport Center Residences Exhibit B: Project Budget Hourly Rates and Billing Policy If at any time during the completion of this project, we are requested to perform services beyond the Scope of Work or if T&B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for such work in accordance with the hourly rates provided below. The rates identified below shall be in effect for the duration of the contract. • Principal..........................................................................................................$205.00/Hour • Senior Project Manager................................................................................ $145.00/Hour • Project Manager/GIS Manager......................................................................$125.00/Hour • Assistant Project Manager .................... ........ ................................................... $95.00/Hour • Analyst—Environmental Compliance..............................................................$85.00/Hour • Analyst — Environmental ................... ........... .................................................... $75.00/Hour • Technician — Graphics&GIS.............................................................................$70.00/Hour • Administrative Assistant/AssistantPlanner.....................................................$60.00/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 plus 10% for administration. Expert testimony and litigation support services will be billed at double the above rates. Mileage is charged at the current Internal Revenue Service reimbursement rate. Time and materials labor is rounded to the one-quarter hour. Fixed fee labor is invoiced based on the percentage of task complete. T&B Planning reserves the right to reallocate Estimated Fees from one Task or Subtask to another Task or Subtask to account for efficiencies and/or unexpected work efforts that may require additional budget. 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 10 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 City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this T&B Planning, Inc. Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: T&B Planning, Inc. Page C-2 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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. T&B Planning, Inc. Page C-3 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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. T&B Planning, Inc. Page C-4 CEQA Consulting Services for Newport Center Residences From: Customer Service To: Ramirez, Brittany; Insurance Cc: saoarCalebix.mm Subject: Compliance Alert -Vendor Number FV00000146 Date: Thursday, lune 25, 2020 5:20:08 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000146 T & B Planning, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.