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Home My WebLink AboutC-8875-1 - PSA for CEQA MND Addendum for Newport Beach Tennis Club1 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH CHAMBERS GROUP, INC. FOR ► CEQA MND ADDENDUM FOR NEWPORT BEACH TENNIS CLUB THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 3rd day of January, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CHAMBERS GROUP, INC., a California corporation ("Consultant"), whose address is 5 Hutton Centre Drive, Suite 750, Santa Ana, CA 92707, and is made with reference to the following: RECITALS A. On May 5, 2022, City and Consultant entered into a Professional Services Agreement ("Agreement') for CEQA MND Addendum for Newport Beach Tennis Club ("Project'). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to extend the term of the Agreement to June 30, 2024 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2024, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, and Exhibit A to this Amendment No. One collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit B to the Agreement, and Exhibit B to this Amendment No. One shall collectively be known as "Exhibit B." 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 Sixty Four Thousand Two Hundred Eighty Eight Dollars and 00/100 ($64,288.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Eleven Thousand Six Hundred Forty Three Dollars and 00/100 ($11,643.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Chambers Group, 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 OF NEWPORT BEACH, CITY ATTORNEY' OFFICE a California m ic' al corporation Date: (2 22 ZZ Date: Z By: By: 9 L -� Aa p e o n C. H Sne Jurjis ty Attorney av"11` Community Deve opment Director ATTEST: CONSULTANT: CHAMBERS GROUP, Date: �. ��_ 6*0 INC., a C lifornia co ration Date: J ` By: By: l Leilani I. Brown Mike Ente City Clerk President/Director W Date: -� By: Alex Gurrol Chief Executive Officer/ Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Chambers Group, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES Chambers Group, Inc. Page A-1 Change Order: Environmental Analysis for Newport CHAMBERS Beach Tennis Club Project Revision GROUP City of Newport Beach r Task 7: Updated Air Quality, Energy, GHG, and Noise Analysis Vista Environmental proposes to provide the following services for this study effort: Air Quality, Energy, and GHG Emissions Sections • Update the CaIEEMod model run with a revised start of construction date (currently January 2023) and with new operational project trip generation rates. The CaIEEMod output files will be utilized to update Appendix A — Air Quality, Energy and GHG Emissions Outputs (3.0 hours) • Section 5.3 Air Quality — Update Table 5-2 — Ambient Air Quality Monitoring Summary with year 2021 data. (0.5 hour) • Section 5.3 Air Quality — Update Tables 5-5, 5-6, 5-7, and 5-8 with updated CaIEEMod model run emissions calculations (1.0 hour) • Section 5.6 Energy — Update text with updated CalEEMod model run calculations for electricity, natural gas, and petroleum fuel use (1.0 hour) • Section 5.8 GHG Emissions — Update Table 5-9 with updated CalEEMod model run GHG emissions calculations (0.5 hour) Noise Section • Section 5.13 Noise — Update Table 5-17 Operation On -Site Noise Impact to the Nearest Homes. The Tennis Court noise source will be replaced with Pickle Ball noise. It is anticipated that the operational noise with pickle ball courts will exceed City noise standards and mitigation of sound blankets or a sound wall will be required between the pickle ball courts and nearest homes to the north. If mitigation is required an additional Table will be added to show the noise levels with implementation of the proposed Mitigation. (4 hours) • Appendix D Noise — Update Appendix D to include the noise calculations utilized to calculate the operational noise impacts from the pickle ball courts and to include the noise reduction calculations provided by the proposed sound blanket/sound wall mitigation (1 hour) Attendance at Meetings • Attendance at one (1) Planning Commission Meeting (3 hours) • Attendance at one (1) City Council Meeting (4 hours) Task 8: Updated CEQA Document Chambers Group will update the Initial Study Checklist, and the anticipated CEQA Addendum based on the technical analysis prepared for the updated Project (with pickleball courts). Chambers Group will utilize the previously prepared IS Checklist and Addendum to update the analysis based on the new Project elements, which will allow the entire Project amendment to be analyzed as a whole. We assume that no new significant impacts or additional mitigation would be required that would trigger subsequent or supplemental CEQA documentation. Task 9: Additional Public Meetings Chambers Group will attend up to three additional public meetings, including Planning Commission and City Council meetings, as needed. The cost includes the Project Manager, Ms. Gibson, attending each meeting, if requested by the City. The cost for the technical expert attending meetings is included in Task 7, above. Schedule It is estimated that a draft of the updated Air Quality, Energy, GHG, and Noise Initial Study sections will be submitted to the client for review within 10 working days from the date of City's authorization and subsequent receipt of the updated Traffic Memo. Once the technical analysis has been updated, Chambers Group will work on updating the CEQA document and will provide a draft for City review within two weeks of the completion of the updated Air Quality, Energy, GHG, and Noise Analysis. After one round of City review, Chambers Group will provide a finalized Addendum document within one week of the receipt of all 1JM4f..c.omments. I ''- Est ,,'Af 1979 www.chambersgroupinc.com EXHIBIT B SCHEDULE OF BILLING RATES Chambers Group, Inc. Page B-1 Change Order: Environmental Analysis for Newport Beach Tennis Club Project Revision City of Newport Beach CHAMBERS GROUP Costs The services described in each task will be performed on a time and materials basis. The costs for each task are shown below. Our billing rate sheet follows this page. TASK Task 7: Updated Air Quality, Energy, GHG, and Noise Analysis FEE $2,691 Task 8: Updated CEQA Document $5,120 1 risk 9: Additional Public: Meetings $3,832 TOTAL COST $11,643 <<eok,w Est �41f 1979 www.chambersgroupinc.com Change Order: Environmental Analysis for Newport Beach Tennis Club Project Revision City of Newport Beach Billing Rates CHAMBERS GROUP Effective January 2022 STAFF. Charges for all professional, technical, and administrative personnel directly charging time to the project will be calculated and billed on the basis of the following staff category hourly "Billing Rates." Billing Rates include fringe benefits, burden, and fee. Staff Title Rate Staff Title Rate Director $210.00 Project Manager 2 $180.00 GIS Technician 1 $105.00 Environmental Planner 6 $176.00 Cultural Resources Specialist 6 $155.00 Environmental Planner 5 $166.00 Cultural Resources Specialist 3 $111.00 Environmental Planner 2 $112.00 Cultural Resources Specialist 2 $100.00 Environmental Planner 1 $101.00 Cultural Resources Specialist 1 $79.00 Project Controls Specialist $100.00 Vista Environmental $130.00 Project Assistant/Tech Editor $89.00 Senior Analyst Word Processor $79.00 Clerical/Technician $68.00 1tTF�- , 3 ="- Est �400' 1979 www.chaml)ersgroupinc.com L4 N OD GO IN PROFESSIONAL SERVICES AGREEMENT WITH CHAMBERS GROUP, INC. FOR CEQA MND ADDENDUM FOR NEWPORT BEACH TENNIS CLUB THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 5th day of May, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CHAMBERS GROUP, INC., a California corporation ("Consultant"), whose address is 5 Hutton Centre Drive, Suite 750, Santa Ana, CA 92707, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide CEQA MND Addendum for Newport Beach Tennis Club ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2023, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform Services attached hereto as Exhibit A and or "Work"). City may elect to delete certai sole discretion. n 3. TIME OF PERFORMANCE all the services described in the Scope of incorporated herein by reference ("Services" Services within the Scope of Services at its 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 Fifty Two Thousand Six Hundred Forty Five Dollars and 00/100 ($52,645.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Chambers Group, 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 Meghan Gibson 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 Chambers Group, 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 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 limited by statute, rule or regulation and the expressed terms of this Agreement. No civil Chambers Group, Inc. Page 4 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 power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Chambers Group, Inc. Page 5 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. 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. Chambers Group, Inc. Page 6 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. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. Chambers Group, Inc. Page 7 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: Meghan Gibson Chambers Group, Inc. 5 Hutton Centre Drive, Suite 750 Santa Ana, CA 92707 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 Chambers Group, Inc. Page 8 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 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. Chambers Group, Inc. Page 9 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 Controllinq 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] Chambers Group, 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 ATTO RNEY' OFFICE Date: � 2 P' ZZ By: �- A on C. H yo Attorn y ATTEST: 42 Date: I'll �1 I ► �' �'�ll� Leilani 1. V Brown City Clerk 3j 1_. s1 CITY OF NEWPORT BEACH, a Californianic'pal corporation Date: !m Z Z4o Z Z By: J�� Lo:�12 Seimone Jurjis Community Development Director CONSULTANT: CHAMBERS GROUP, INC., a California corporation Date: By: Alex Gurrola Chief Executive Officer Date: By: Diane Smith Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Chambers Group, 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: `f L2�—Z 72 By: 4—zL—,,-� Aa n C. H p y Attor ey ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Seimone Jurjis Community Development Director CONSULTANT: CHAMBERS GROUP, INC., a California corporation Date: By: Alex Gurrola Chief Executive Officer Date: By: Di ne Sm Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Chambers Group, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES Chambers Group, Inc. Page A-1 Proposal: Environmental Analysis for Newport Beach Tennis Club Project Revision City of Newport Beach Task I: Project Initiation CHAMBERS GROUP Initial Meeting & Data Acquisition Project initiation will begin with a virtual kick-off meeting with the City and members of the Chambers Group team to discuss the Proposed Project in detail, including, but not limited to, data needs, project changes, scheduling, scope of work and deliverables. This meeting is assumed to take no more than two hours. Chambers Group will review all available Proposed Project -related data and reports provided by the City. Following the review of existing data, any gaps in the data and recommendation for correcting the gaps would be discussed with the City. Chambers Group will work closely with the City to determine what additional data must be collected in support of the CEQA document being prepared. It is assumed that Chambers Group can use these documents in the analysis of the Proposed Project. Deliverables: Kick-off meeting notes, list of additional data needs. Project Description Based on the information provided by the City, Chambers Group will develop a comprehensive description for the Proposed Project that will form the basis for the analysis of the potential impacts on the environment. The project description will include a narrative and graphical presentation of the Proposed Project, including components, location and boundaries, and a statement of the Proposed Project goals and objectives. Deliverables: One electronic Word and portable document format (PDF) copy of the project description for the City to review. Task 2: Tribal Consultation Task 2.1: Senate Bill 18 (SB 18) Native American Consultation Senate Bill 18 was signed into law in 2004 and requires City and County governments to consult with California Native American tribes early in the planning process of general plans, specific plans, and amendments to either of these types of planning tools. The intent of the bill was to provide structured and consistent methods for providing Native American tribes an opportunity to participate in local land use decisions at an early planning stage. Early involvement of the tribes is intended to allow for consideration of cultural places in the land -use planning process. Tribes have 90 days to respond to an SB 18 consultation request. The nature of SB 18 consultation is to ask local tribes to inform an agency where significant cultural areas are located with the intent of protecting them. This type of information is highly confidential to the tribes and their willingness to divulge important data is directly correlated with the relationship the tribe has with the respective City or County. This relationship value also extends to the cultural resources team assisting with the consultation effort. Chambers Group has been working with southern California tribal groups for many years, and has developed positive working relationships with the various tribal groups throughout the area. Our recommended scope of work includes requesting a search of the sacred lands files at the Native American Heritage Commission (NAHC), preparing notification letters for the City, and keeping detailed information on responses and follow up questions for the tribe. This data will be provided to the City in the form of a Tribal Consultation Memo which will be submitted after the 90 -day response window ends. Based on experience working with the City, we anticipate that the NAHC will return a list of contacts with approximately 22 tribal points of contact. Chambers Group will prepare up to 22 SB 18 letters with the expectation that up to two respondents will request conferencing with the City. Chambers Group anticipates the need for setting up to two separate conference calls with tribes and coordinating the conclusion of consultation through emails. Should any tribes request a site visit it is assumed that the Applicant will cover this expense and provide the tribe(s) an opportunity to visit the site at their expense. Should the City require further support to meet with the tribes, or require further calls to conclude consultation, a contract augment may be required. Est Ei392 7979 Proposal: Environmental Analysis for Newport CHAMBERS Beach Tennis Club Project Revision GROUP City of Newport Beach r Task 2.2: Assembly Bill 52 (AB 52) Consultation (for Subsequent MND option) Assembly Bill 52 (AB 52) required an update to Appendix G to include a new category titled "Tribal Cultural Resources' (TRCs). As a Lead Agency the City of Newport Beach is required to conduct AB 52 consultation with requesting tribal groups on a government -to -government basis. In support of the City, Chambers Group will prepare and send notification letters to the list of tribes in which the City has identified for notification under AB 52. If a tribal group affirms a request for consultation the lead agency is required to initiate consultation within 30 days of the request. The intent of this legislation is to require agencies to consult early on in a project with Native American Tribes so their information can be considered from the beginning of an agency's CEQA review. It differs from SB 18 in that AB 52 consultation is required for all projects requiring any CEQA document other than an exemption rather than projects requiring just specific or general plans, or their amendments. Chambers Group has proven success in consulting with tribes to determine if there are TCRs on-site and coordinating with tribes and lead agencies to develop mitigation measures (when needed) to ensure the project objectives are in accordance with CEQA. Due to the similarities between AB 52 and SB 18 notification processes, efficiencies can be found in preparing combined consultation letters should agency procedures allow. Chambers Group will prepare up to 20 AB 52 letters with the expectation that up to two respondents will request conferencing with the City. Chambers Group anticipates setting up to three separate conference calls with tribes and coordinating the conclusion of consultation through emails. As it cannot be assured that the same two tribes will request consultation under SB 18 and AB 52, Chambers Group assumes that a combined total of four respondents will request consultation under one or the other legal structures. Should any Tribes request a site visit it is assumed that the Applicant will cover this expense and provide the tribe(s) an opportunity to visit the site at their expense. Should the City require further support to meet with the Tribes, or require further calls to conclude consultation, a contract augment may be required. ASSUMPTIONS • This proposal includes a request of the NAHC to provide a list of points of contact to request information regarding the Proposed Project area under SB 18. The number of contacts assumed in this scope of work is 22 recipients. Additional addressees may require substantial additional time to coordinate and may require additional fees. • This proposal includes SB 18 consultation support with requesting tribal groups and includes time for meeting with City Staff and tribal members in an online forum for up to two respondents. Additional respondents may require substantial additional time to coordinate and may require additional fees. • This proposal assumes the City of Newport Beach will provide a list of points of contact to request information regarding the Proposed Project area under AB 52. The number of contacts assumed in this scope of work is 22 recipients. Additional addressees may require substantial additional time to coordinate and may require additional fees. • This proposal includes AB 52 consultation support with requesting tribal groups and includes time for meeting with City Staff and tribal members in an online forum for up to three respondents. Additional respondents may require substantial additional time to coordinate and may require additional fees. • City of Newport Beach will provide Chambers Group with confirmation on the Project footprint at the time of authorization or NTP. It is assumed that this information will not change once Chambers Group has initiated the tasks above. • This proposal does not include cultural resources survey, testing, data recovery, analysis, monitoring, or similar programs. 04�� Est 63927 7 979 ,...., .:lu�n�I�.;i�;ci�„iil,,i•... .sir Proposal: Environmental Analysis for Newport CHAMBERS Beach Tennis Club Project Revision GROUP City of Newport Beach f Task 3: Project Review and IS Checklist Draft Initial Study (IS) Checklist Chambers Group will prepare an IS Checklist to confirm the preparation of an appropriate CEQA Documentation for the Proposed Project. The IS will be prepared using the most recent revision of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G. In compliance with CEQA Section 15063, the IS will contain the following, in brief form: • A description of the Project, including the location of the Project, • An identification of the environmental setting, • A preliminary identification of environmental effects by use of a checklist, matrix, or other method, with some evidence to support the entries; and • A preliminary discussion of the ways to mitigate the significant effects identified; if any. The environmental factors outlined in the CEQA checklist include: Aesthetics GHG Population and Housing Agricultural and Forestry Resources Hazards and Hazardous Materials Public Services Air Quality Hydrology and Water Quality Recreation Biological Resources Land Use and Planning Transportation Cultural Resources Mandatory Findings of Significance Tribal Cultural Resources (TCRs) Energy Mineral Resources Utilities and Service Systems Geology and Soils Noise Wildfire Deliverables: One electronic Word and PDF copy of the Administrative IS for the City's review. Final IS Checklist After receipt of one set of integrated comments on the draft IS from the City, Chambers Group will revise the IS accordingly. In addition to the IS, Chambers Group will provide a recommendation for the appropriate level of CEQA documentation. This recommendation is expected to be a MND Addendum or Subsequent MND that will be able to tier from the previous 2012 MND. The IS will be used as a guide in the decision as to the appropriate environmental documentation to prepare for the Proposed Project. Deliverables: One electronic copy of the PDF for City to review. Task 4: Updated Air Quality, Energy, GHG and Noise Analysis Although the Revised Project would result in less impacts, since the Traffic Study shows that it would generate less trips, the Air calculations in the 2012 analysis utilized the URBEMIS model and the noise analysis data is very dated. Therefore, we proposed that both air and noise impacts be recalculated in order for the CEQA document to be a more legally defensible document. Trusted subconsultant Vista Environmental will perform the following tasks if, following discussions with the City, it is determined to be the best path forward: Air Quality Analysis • Identify the existing air quality setting in the area. • Identify applicable federal, state, and SCAQMD rules and regulations and identify current attainment status of federal and state standards, and current SCAQMD attainment plans. Est X411 1979 CIwlit I;,'I.,f IUIII,II'., , ill' Proposal: Environmental Analysis for Newport CHAMBERS Beach Tennis Club Project Revision GROUP City of Newport Beach • Obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARB) data sources. Data will be obtained for air pollutants, including; ozone, nitrogen dioxide (NO2), and particulate matter (PM10 and PM2.5). • Identify SCAQMD's thresholds of significance for criteria pollutants. • Provide a project consistency analysis with the Air Quality Management Plan (AQMP). The consistency analysis will determine if the Project will contribute to air quality violations and if it will comply with AQMP control measures. • Evaluate and quantify regional criteria pollutant emissions associated with each phase of construction activities utilizing the CalEEMod Model and construction assumptions obtained from the City. Compare the calculated construction -related criteria pollutant emissions to both the SCAQMD thresholds and emissions levels calculated from the 2012 Project. If significant criteria pollutant emission levels are found to be created from construction activities, feasible mitigation will be developed and quantified. • Evaluate local NOx, CO, PM10, and PM2.5 emissions associated with each phase of construction activities for the Proposed Project at the nearest off-site sensitive receptors utilizing the SCAQMD Look -Up Tables and the methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, July 2008. • Provide a qualitative analysis of the construction -related toxic air contaminant (TAC) impacts from the Proposed Project and detail how due to the limited duration of construction activities that the cancer and non -cancer risks would be less than significant. • Evaluate and quantify regional criteria pollutant emissions associated with the operations of the Proposed Project utilizing the CalEEMod Model. Compare the Proposed Project's operational regional criteria pollutant emissions to both the SCAQMD thresholds and emissions levels calculated from the 2012 Project. If significant emission levels are found to be created from operational activities, feasible mitigation will be developed and quantified. • Evaluate local NOx, CO, PM10, and PM2.5 emissions created onsite from the operation of the Proposed Project at the nearest off-site sensitive receptors utilizing the SCAQMD Look -Up Tables and the methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, July 2008. • Prepare a qualitative CO hotspot analysis of the study area intersections that details the current attainment status of CO in the Air Basin as well as research performed by the SCAQMD that analyzed the four busiest intersections in the South Coast Air Basin and found less than significant local CO hotspot concentrations, in order to make a finding of less than significant for the Proposed Project. • Provide a qualitative odor analysis from construction and operation of the Proposed Project. The odor analysis will identify the potential sources of odors and the number of variables that can influence the potential for an odor impact as well as providing detail of what constitutes a significant odor impact. • Prepare an Air Quality IS Section documenting the results of the previous work tasks. Prepare an appendix that contains the CalEEMod printouts and any other calculations printouts used in preparation of the Air Quality Section. Energy Analysis • Identify thresholds of significance for energy usage. • Calculate construction energy usage through utilization of the CalEEMod model run developed for the air quality analysis to quantify the total hours off-road equipment will operate, the total worker miles h397 /I P` 1979 cli, 11)1 ,eI"(( Icul;!1,;. ,.:,ir• Proposal: Environmental Analysis for Newport CHAMBERS Beach Tennis Club Project Revision GROUP City of Newport Beach traveled, and total haul and vendor truck miles traveled during construction of the Proposed Project. Utilize the fuel usage factors from OFFROAD2011 and off-road equipment operating hours to calculate the fuel usage from the off-road equipment. Utilize the vehicle fleet average miles per gallon rates from EMFAC2017 and the worker and truck vehicle miles traveled to calculate the fuel usage from on -road construction trips. Calculate operational energy usage through utilization of the CaIEEMod model run developed for the air quality analysis to quantify electricity and natural gas usage rates from operation of the Proposed Project as well the total vehicle miles traveled from operation of the Project. Utilize the vehicle fleet average miles per gallon rates from EMFAC2017 and the total vehicle miles traveled to calculate the fuel usage from operation of the Proposed Project. Provide an assessment of how the applicable renewable energy and energy efficiency rules and regulations will be implemented by the Proposed Project and where possible, quantify the energy savings achieved through implementing each rule and regulation. If the Proposed Project is found to be inconsistent with any rule or regulation, provide mitigation to ensure the Project meets the requirements. Prepare an Energy IS Section documenting the results of the previous work tasks. Prepare an appendix that contains the EMFAC printouts and any other calculations printouts used in preparation of the Energy Section. GHG Analysis • Identify greenhouse gases (GHGs) and their associated impacts to global climate change. • Identify applicable international, federal, state, and SCAQMD rules and regulations. • Identify applicable thresholds of significance for greenhouse gases. • Evaluate and quantify GHG emissions associated with construction activities for the Proposed Project through utilization of the CalEEMod Model run used in the Air Quality Analysis. • Evaluate and quantify GHG emissions associated with the operations of the Proposed Project through utilization of the CalEEMod Model run used in the Air Quality Analysis. • Compare the operational GHG emissions to all applicable GHG emissions thresholds including AB 32, AB 197, SB 32, SB 375, and SCAQMD's draft GHG emissions thresholds. If the GHG emissions exceed any applicable thresholds, provide mitigation to reduce the GHG emissions to less than significant. • Determine if the Proposed Project would conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases • Prepare a Greenhouse Gas Emissions IS Section documenting the results of the previous work tasks. Prepare an appendix that contains the CalEEMod printouts and any other calculations printouts used in preparation of the Greenhouse Gas Emissions Section. Noise Analysis • Identify applicable City of Newport Beach noise and vibration regulations and thresholds of significance. • Evaluate the existing noise environment and obtain three (3) long-term (24 hour) noise measurements in the vicinity of the Project site in order to determine the existing ambient noise conditions in the vicinity of the Project site. Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM) Version 1.1 to analyze potential noise impacts to the nearby homes from each phase of construction activities for the Est�,3yz i 11 110� 1979 Proposal: Environmental Analysis for Newport CHAMBERS Beach Tennis Club Project Revision OUP City of Newport Beach GROUP Proposed Project. Compare the results to the applicable City noise standards. If necessary, develop mitigation to minimize the noise impacts from construction activities at the nearby sensitive receptors. • Analyze potential vibration impacts associated with the use of heavy off-road equipment during construction activities through application of the methodology used in the Transportation- and Construction -Induced Vibration Guidance Manual (Vibration Guidance Manual), prepared for Caltrans. • Compare the Project generated vehicle trips to published nearby roadway daily traffic volumes, in order to calculate the percent increase of road traffic on the nearby roads generated by the Proposed Project. Compare the results to published road noise increase standards. • Obtain reference noise measurements of the typical noise producing activities that may occur from operation of the Proposed Project (i.e., tennis courts, rooftop mechanical equipment, truck loading area, parking lot activities, etc.). Utilize standard noise propagation rates to determine the anticipated noise levels at the nearest noise sensitive land uses and compare the results with the City noise standards. If an exceedance is found provide mitigation to reduce the onsite operation noise levels to less than significant levels. • Prepare a Noise IS Section documenting the results of the previous work tasks. Prepare an appendix that contains the RCNM printouts and any other calculations printouts used in preparation of the Noise Section. Task SA: MND Addendum Summary Based on discussion with the City, if an addendum is deemed as the appropriate CEQA document, Chambers Group will prepare an Addendum Summary that highlights the Proposed Project components, brief discussion on impacts to resource areas, and proposed mitigation measures. Draft MND Addendum If the Proposed Project does not meet any of those criteria in Section 15162, Chambers Group will prepare a draft MND Addendum. The draft MND Addendum will be prepared pursuant to Section 15164 of the Guidelines. The draft MND Addendum would: • Summarize the previous environmental document (2012 MND) and incorporate it by reference. Chambers Group will review available Proposed Project -related data provided by the City; however, Chambers Group is not responsible for the accuracy of existing technical reports. • Update the environmental setting in terms of the environment which would be affected by the Proposed Project. • Focus on the changes in the Proposed Project description from the project description in previously approved MND, specifically on the increase in number of tennis courts, hotel units, and hotel auxiliary uses, and the revisions to the residential uses proposed. • Incorporate findings of the additional technical studies (hydrology report, SWPPP, WQMP, and Traffic Study) into the IS Checklist and Addendum document. • Review adequacy of original MND Mitigation Measures, Design Criteria, and Best Management Practices. • Provide substantial evidence to support the determination of an Addendum: that there are no substantial changes to the Proposed Project, no substantial changes in circumstances, and no new information indicating that there would be new significant impacts or a substantial increase in the severity of any previously disclosed significant impacts which would require major revisions to the Final MND. Est "dll�a 7 979 Proposal: Environmental Analysis for Newport CHAMBERS Beach Tennis Club Project Revision GROUP City of Newport Beach Chambers Group will provide substantial qualitative evidence to support the determination that an Addendum is the appropriate CEQA document including the following: • There are no substantial changes to the Proposed Project which will require major revisions of the previous MND due to involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. • There are no substantial changes in circumstances due to involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. • There is no new information indicating that there would be no new significant impacts or a substantial increase in the severity of any previously disclosed significant impacts which would require major revisions to the Final MND. • Each resource area will be reviewed to verify that the conditions above are not met, and that impact analysis conclusions remain unchanged. When appropriate, any changes in the analysis resulting from the proposed amendments will be identified. In addition to the language regarding the resource areas, Chambers Group will also review the previously prepared Mitigation Monitoring and Reporting Plan (MMRP) to compare the mitigation measures required for the Proposed Project. A summary of the findings will be included in the Addendum Summary to discuss any revisions to mitigation measures required to comply with City regulations. If the IS Checklist finds that new significant impacts or substantial changes in circumstances would occur as a result of the Proposed Project changes, Chambers Group will discuss the approach with the City. If a Subsequent CEQA document with a new public review period would be necessary, Task 5B is provided below. Chambers Group's team will meet with City staff to present the findings of the draft Addendum. Our technical team members will participate as needed. This meeting is assumed to take no more than two hours. Deliverables: • One electronic copy of the draft MND Addendum • Two bound, hard copies of the draft MND Addendum Final MND Addendum After receipt of one set of integrated comments on the draft MND Addendum from the City, Chambers Group will revise the documents accordingly and prepare the final MND Addendum. Comments and revisions will be transmitted to Chambers Group electronically. Response to the City's comments is not anticipated to require substantial new analysis. Revisions and responses to comments will be made using the track changes feature in Microsoft Word. Prepare Updated Mitigation Monitoring and Reporting Plan. Following preparation of the Final MND Addendum, Chambers Group will prepare an updated MMRP for review by the City. Deliverables: • One electronic copy of the final MND Addendum, Word version • One electronic copy of the final MND Addendum, PDF version • Up to five bound, hard copies of the final MND Addendum Est 6392/ 1979 Proposal: Environmental Analysis for Newport Beach Tennis Club Project Revision City of Newport Beach Optional Task 5A. I: Notice of Determination Filing CHAMBERS GROUP A Notice of Determination (NOD) is filed following the City Council's decision to carry out or approve the project for which a CEQA document has been prepared. Although noticing is not required for a MND Addendum, if requested by the Applicant, Chambers Group will prepare the NOD and will file the NOD with the State Clearinghouse electronically. Since a NOD is technically not required for an Addendum, filing the NOD at the County Clerk is not proposed in this scope. The City will be responsible for Fish and Game filing fees, if necessary. Deliverables: One NOD to be filed with the State Clearinghouse electronically. Optional Task 513 Subsequent MND A Subsequent MND can be prepared if all impacts can be mitigated to a less than significant level, but the project meets one or more of the criteria listed in Section 15162. The tasks associated with this CEQA document are included below. Task 58. l: Prepare Administrative Draft Subsequent MND If the Proposed Project meets any of the criteria set forth in Section 15162 of the CECA Guidelines, including the results from the air quality, energy and GHG analysis, noise analysis, and traffic/transportation analysis, a Subsequent MND can be prepared if impacts can be mitigated to a less than significant level. The following is a list of the required contents of an MND: • a brief description of the project; • the location of the project (preferably shown on a map); • the name of the project proponent; • a finding that the project will not have a significant effect on the environment; • mitigation measures included in the project to avoid potentially significant effects; and • a copy of the IS. For each CEQA environmental checklist discipline item, the existing environmental setting of the Project site and surroundings will be characterized from the existing literature base and a site visit by an environmental analyst. An environmental impacts analysis will be prepared for each checklist entry. Based on CEQA defined significance criteria, Chambers Group will determine the potential for any adverse or significant adverse impacts and present mitigation measures to reduce any such impacts to a level below significance. Deliverables: Three hard copies if requested and one electronic PDF copy of the Administrative Draft MND for City review. Task 58.2: Prepare/Distribute the Subsequent MND and Notice of Intent After receipt of one set of integrated comments on the Administrative Draft Subsequent MND from the City, Chambers Group will then revise the Subsequent MND accordingly. Chambers Group will prepare and distribute copies of the Draft Subsequent MND to the City, State Clearinghouse, and affected public agencies. Chambers Group will prepare and file a Notice of Intent (NOI) to adopt an MND with the State Clearinghouse and the County Clerk. Chambers Group will distribute copies of the NOI to affected public agencies and to the mailing list provided by the City. For submittal to the Office of Planning and Research (OPR), Chambers Group will submit documentation electronically on behalf of the City. The City must approve Chambers Group as a submitter for the City on the OPR CECANet Web portal. As required by OPR, electronic copies of the NOI, Notice of Completion (NOC), Summary Form, and Draft Subsequent MND with appendices will be transmitted to OPR. 4 Est 6392 ``✓r+ 1979 Proposal: Environmental Analysis for Newport CHAMBERS Beach Tennis Club Project Revision p O�p City of Newport Beach GROUP Deliverables: Up to five hard copies (with appendices on Compact Disk [CD]) and one CD containing an electronic PDF copy of the MND for the City. Up to 10 CDs containing an electronic PDF copy of the MND and appendices for public agency distribution. Up to 25 NOls to be sent via regular mail. One NOI to be filed with the County Clerk. Task 58.3: Prepare Final Subsequent MNG with Response to Comments Final MND with Response to Comments. Based upon comments received from public review, responses to the comments will be prepared. It is assumed that no more than 20 comment letters, with an average of five comments each (100 comments total), would be received and addressed. If more comments are received, additional costs would be required to address them. A draft of these responses will be provided to the City. Upon receipt of one complete set of comments from the City on the responses, a Final Subsequent MND will be prepared. This document combined with the Draft Subsequent MND will constitute the Final Subsequent MND to be used by the City when considering approval of the project. Deliverables: Up to five hard copies (with appendices on CD) and one CD containing an electronic PDF copy of the Final Subsequent MND for the City. Up to 10 CDs containing an electronic PDF copy of the Subsequent MND for public agency distribution. Prepare Mitigation Monitoring and Reporting Plan. Following preparation of the Subsequent MND, Chambers Group will prepare a Draft Mitigation Monitoring and Reporting Plan (MMRP) as required by CEQA for review by the City. The Final MMRP incorporating the City's comments will be incorporated into the Final Subsequent MND. Deliverables: MMRP incorporated into Final Subsequent MND. Notice of Determination. The Notice of Determination (NOD) is filed following the City Council's decision to carry out or approve the project for which the Subsequent MND has been prepared. Chambers Group will prepare the NOD and will file the NOD with the State Clearinghouse and the County Clerk. The City will be responsible for Fish and Game filing fees, if necessary. Deliverables: One NOD to be filed with the State Clearinghouse electronically and one hard copy filed with the County Clerk. Up to 20 NODS to be sent via regular mail. Task 6: Meetings/Public Hearings Chambers Group's Project Manager and key technical personnel will attend up to five progress meetings with the City. We will also attend up to three community meetings or public hearings. Chambers Group will coordinate with the City to plan and present the CEQA document at the community meetings/public hearings. It is assumed that internal staff meetings will take no more than two hours, and community and public meetings will take no more than three hours each. Chambers Group will attend any other additional meetings requested by the City on a time and materials basis. � 0' st ii e ��il 1979 .....:1�;�n1 1!sr.;iCiiP11,;1r. Proposal: Environmental Analysis for Newport Beach Tennis Club Project Revision Schedule CHAMBERS GROUP The work schedule to prepare an MND Addendum or Subsequent MND for the Proposed Project is provided below. Chambers Group does not anticipate schedule delays on the project; however, the firm is prepared to address them. As the Project progresses, the schedule would be updated and revised as needed to respond to changing conditions, and only at the City's direction. In response to conditional changes, Chambers Group will work with the City to determine the cause for any delay and take corrective actions to avoid delay in reaching the final milestone. Schedule changes due to circumstances beyond participants' control will be immediately brought to the attention of the City and readjusted with the City's approval. Actions to ensure schedule adherence may include adding additional technical professionals to complete the task or reassess the direction of the task and utilize new personnel. MND Addendum ..� �•� z Kickoff Meeting •' RON 1 day Draft Project Description 1 week from NTP City review of Project Description 1 week Finalize Project Description 1 day Conduct SB 18 Tribal Consultation (90 day response window) Est 7 070 Proposal: Environmental Analysis for Newport Beach Tennis Club Project Revision City of Newport Beach CHAMBERS GROUP Prepare IS Checklist & Technical Studies 5 weeks City Review of Draft IS Checklist & Technical Studies 2 weeks Prepare Draft Addendum 2 weeks City Review of Draft Addendum 2 weeks Prepare Final Addendum 1 week Approximate Total 14 Weeks * Note: Time to complete all tasks is less than the total sum due to tasks occurring simultaneously. Est 1979 :!q;t"a'.(:I'1cllll;E'.ISI:ICIII:;II'C C)11-, Proposal: Environmental Analysis for Newport Beach Tennis Club Project Revision City of Newport Beach Subsequent MND CHAMBERS GROUP Kickoff Meeting ? 1 day Draft Project Description 1 week City review Project Description 1 week Finalize Project Description 1 day Conduct SB 18 and AB 52 Tribal Consultation (up to 90 day response window) Prepare IS Checklist & Technical Studies 5 weeks City Review of Draft IS Checklist & Technical Studies 2 weeks Admin Draft Subsequent MND 2 weeks City review of Admin Draft Subsequent MND 2 weeks Revise Draft Subsequent MND 1 week Prepare Subsequent MND and notices for Public Review 2 weeks City review of finalized documents 1 week Public Review Period (30 days) 30 days Prepare Response to Comments and Final Subsequent MND 3 weeks City review of Response to Comments and Final Subsequent MND 2 weeks Finalize Final Subsequent MND documents 1 week Prepare NOD for filing 1 week Approximate Total 28 weeks * Note: Time to complete all tasks is less than the total sum due to tasks occurring simultaneously. Est 6392 7 /l 0\ I Q 70 EXHIBIT B SCHEDULE OF BILLING RATES Chambers Group, Inc. Page B-1 Proposal: Environmental Analysis for Newport CHAMBERS Beach Tennis Club Project Revision GROUP City of Newport Beach Costs The services described in each task will be performed on a time and materials basis. The costs for each task are shown below. Our billing rate sheet follows this page. Addendum TASK FEE Task 1: Project Initiation $4,156 Task 2.1: SB 18 Consultation $3,077 Task 3: Project Review/IS Checklist $6,328 Task 4: Air Quality, Energy, GHG, and Noise Analysis $9,430 Task 5A: Addendum Summary $6,036 Optional Task 5A.1: NOD filing $724 Task 6: Meetings $6,428 TOTAL COST WITHOUT OPTIONAL TASK $35,455 TOTA COST WITH OPTIONAL TASK $36,179 Subsequent MND option TASK Task 1: Project Initiation FEE $4,156 Task 2.1: SB 18 Consultation $3,077 Task 2.2: AB 52 Consultation $2,858 Task 3: Project Review/IS Checklist $6,328 Task 4: Air Quality, Energy, GHG, and Noise Analysis $9,430 Task 5B.1: Draft Subsequent MND $8,012 Task 5B.2: Public Review Subsequent MND $5,080 Task 513.3: Final Subsequent MND $7,276 Task 6: Meetings $6,428 TOTAL COST $52,645 12 Est 6392/ 9979 rl".Cllclllhe Proposal: Environmental Analysis for Newport Beach Tennis Club Project Revision City of Newport Beach Billing Rates CHAMBERS GROUP Effective January 2022 STAFF. Charges for all professional, technical, and administrative personnel directly charging time to the project will be calculated and billed on the basis of the following staff category hourly "Billing Rates." Billing Rates include fringe benefits, burden, and fee. Staff Title Rate Staff Title Rate Director $210.00 Project Manager 2 $180.00 GIS Technician 1 $105.00 Environmental Planner 6 $176.00 Cultural Resources Specialist 6 $155.00 Environmental Planner 5 $166.00 Cultural Resources Specialist 3 $111.00 Environmental Planner 2 $112.00 Cultural Resources Specialist 2 $100.00 Environmental Planner 1 $101.00 Cultural Resources Specialist 1 $79.00 Project Controls Specialist $100.00 Vista Environmental $130.00 Project Assistant/Tech Editor $89.00 Senior Analyst Word Processor $79.00 Clerical/Technician $68.00 `104/ w 13 Est 63927 1979 9 d ++", s r cl��sn��l:,c.i ,.;c.r cul:;irc.c:arr, 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 and employees. 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. Chambers Group, 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 City Council, boards and commissions, officers, agents, volunteers and employees 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 and employees 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. 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 Chambers Group, Inc. Page C-2 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. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. 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. E. Requirements not Limitinq. 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. F. 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 - Chambers Group, Inc. Page C-3 insurance will not be considered to comply with these requirements unless approved by City. G. 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. H. 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. 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. Chambers Group, Inc. Page C-4 Chambers Group, Inc. From: Customer Service To: Ramirez, Brittany; Insurance Cc: Iori.alcala(a)ebix.com Subject: Compliance Alert -Vendor Number FV00000772 Date: May 03, 2022 8:47:20 PM [EXTERNAL EMAILI 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. FV00000772 Chambers Group, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.