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HomeMy WebLinkAboutC-4681 - PSA for Mariner's Pointe Environmental AnalysisAMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR MARINER'S POINT ENVIRONMENTAL ANALYSIS THIS AMENDMENT NO. ONE TO PROFESSIONAL SER ES4GREEMENT ( "Amendment No. One'), is entered into as of this � day of 6611, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City"), and The Planning Center a California Corporation whose address is 1580 Metro Drive, Costa Mesa, California 92626 ( "Consultant "), and is made with reference to the following: RECITALS: A. On October 15, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for environmental services for Mariner's Point ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement to increase the total compensation and update insurance requirements, C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be supplemented to include the Scope of Services dated October 15, 2011 which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement shall be 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 to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement including all reimbursable items and subconsultant fees, shall not exceed Fifty -Six Thousand Three Hundred Seventy -Eight Dollars and no /100 ($56,378.00) without prior written authorization from .City ( "Total Amended Compensation ") . No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Consultant's compensation for additional services to be performed in accordance with this Amendment No. One. Which includes all reimbursable items and sub - consultant fees in an amount not to exceed Nine Thousand Five Hundred Thirty Dollars and no /100 ($9,530.00) without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the dates written below: APPROVED AS TO FORM: OFFICE T CITY ATTORNEY Date: By: Le ie Mulvihill Assistant City Attorney ATTEST: Date: q' 30• I By: 4i� -a p Nwv�,_� Leilani I. Brown City Clerk CA L! FOS CITY OF NEWPORT BEACH, A Califo nia municipal corporation Date: I q. X011 By:'y`� Kimberly Brandt, AI Community Development Director CONSULTANT: THE PLANNING CENTER, a California Corpo ation Date: 912cp I I i on By: Dwa eears Principal, Envi nmental Services Date: q �2io I l By: - Keith McCann Chief Financial Officer Attachments: Exhibit A — Scope of Services & Billing Rates August 9, 2011 Mr. Jaime Murillo, Associate Planner Planning Department City of Newport Beach 3300 Newport Blvd., Bldg. C Newport Beach, CA 92663 Subject: Request for Contract Amendment for Preparation of an Initial Study /Mitigated Negative Declaration (MND) for the Mariner's Pointe Project, City of Newport Beach (P2010- 0905E) Dear Mr. Murillo As we have discussed, this letter is to request a Contract Amendment for our services on the Mariner's Pointe Initial Study /Mitigated Negative Declaration (IS /MND). Additional fees have been incurred for work beyond our. original scope of work, as detailed below. In particular, this work has involved additional coordination and documentation to address two subsequent project description changes proposed by the project applicant. The specific work completed is described below by task. As summarized in Table 1, Cost Estimate, the total amount requested is $9,530.00, resulting in a total contract amount of $56,378.00. SCOPE OF WORK Task 1: Technical Studies The Technical Studies (Air Quality, Greenhouse Gases (GHG), and Noise and Vibration) were completed. Charges for subsequent review of the technical findings for the project are included in Task 2.3. Additional modeling was not conducted. Task 2: Initial Study /Mitigated Negative Declaration Task 2.1: Screencheck IS/MND This task was completed and there are no changes. Task 2.2: Initial Study A minimum budget (8 hours) was originally planned forthis task. An unanticipated level of review /revisions resulted in additional fees for this task. Three screencheck versions of the Initial Study were submitted prior to the final Initial Study as circulated for public review. Task 2.3: Mitigation Monitoring Program, Response to Comments, and NOD Additional fees for this task are requested to cover additional work to document project changes subsequent to the circulation of the original Initial Study /MND. Upon close of the public review period and receipt of comments to the Initial Study /MND, The Planning Center prepared a Responseto Comments document, including an additional report section to document proposed project modifications to address public concerns. Modifications included a partial roof over the parking structure and a height reduction in the cupola and tower features. The additional documentation included revised site plans (by floor), elevations, and cross - sections. A brief analysis by environmental topic (per the • 1580 Mk :l M0 UHM I COSTA MLSA CA 92626 1 714.966.9220 1 714.966.9221 (1) WWW.PLANNINGCENTER.COM August 9, 2011 Page 2 CEQA Checklist) was provided to conclude that the impacts did not result in new impacts that would trigger recirculation of the MND. This task also includes a second version of the Response to Comments to address project modifications subsequent to the Planning Commission Public Hearing held June 23, 2011. These changes included a reduction in the overall total gross square footage, reduction in parking requirements, and elimination of the offsite parking requirement. New graphics were prepared, and the environmental review updated for each topical section to conclude that these subsequent changes also did not warrant recirculation of the MND. Task 3: Meetings & Public hearings There are no requested changes to this task. Task 4: Project Management and Coordination Additional fees are requested for supplemental coordination with the City and applicant's consultants to coordinate the project changes and additional documentation. Additionally, the overall schedule for the project has been extended approximately two months beyond the anticipated schedule in our proposal, resulting in extended time for ongoing project coordination and management. Requested Contract Amendment Task 1 — Technical Studies Task 1.1 —Air Quality $0 Task 1.2— Greenhouse Gas Emissions 0 Task 1.3 —Noise and Vibration 0 Task 1.4— Cultural Resources Literature Review 0 Subtotal $o Task 2 — Initial Study/Mitigated Negative Declaration (mailing, copies, etc.) ' Actual reimbursable expenses were less than estimated. —$1 Task 2.1 — Screencheck IS /MND $0 Task 2.2 — Initial Study 2,340 Task 2.3 — MMP, Response to Comments, NOD 8,415 Subtotal $10,755 Task 3 — Meetings & Public Hearings $0 Task 4 — Project Management $665 Subtotal $665 ' Subtotal labor $11,420 I_. -___ . ' S,.k!ia'uidst•... (mailing, copies, etc.) ' Actual reimbursable expenses were less than estimated. —$1 August 9, 2011 Page 3 Please let me know if you have any questions or need any additional information regarding this request. Respectfully submitted, THE PLANNING CENTER JoAnn C. Hadfield Director, Environmental Services '7ta�1( PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER FOR MARINER'S POINTE ENVIRONMENTAL ANALYSIS THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made and entered into as of this 15th day of October, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and THE PLANNING CENTER a California Corporation whose address is 1580 Metro Drive, Costa Mesa, California, 92626 ( "Consultant "), 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 is considering an application to develop a 22,900- square -foot, two -story commercial building and three -story parking structure at property located at 100- 300 West Coast Highway. C. City desires to engage Consultant to ensure that the environmental review process is carried out in accordance with the California Environmental Quality Act ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal members] of Consultant for purposes of Project, shall be JoAnn Hadfield, John Vang, and Tin Cheung. F. 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 above written date, and shall terminate on the 15th day of October, 2011, 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 "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 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. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 A and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable ite ms and subconsultant fees, shall not exceed Forty-Six Thousand Eight Hundred Forty-Eight Dollars and no /100 ($46,848.00) 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. 4.1 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) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: The Planning Center Page 2 A. The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 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. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit A. 5. PROJECT MANAGER 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 JOANN HADFIELD 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. 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. 6. ADMINISTRATION This Agreement will be administered by the Planning Department. JAIME MURILLO ASSOCIATE PLANNER, or his designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such The Planning Center Page 3 materials in a timely manner so as not to cause delays in Consultant's Work schedule. B. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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, or 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 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, attorney's 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, or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 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 The Planning Center Page 4 willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's 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 the 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. 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 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 and /or his /her duly authorized designee 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof 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. Insurance certificates and endorsement must be approved by City's Risk Manager The Planning Center Page 5 prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for The Planning Center Page 6 any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. 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. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage. E. 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. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own The Planning Center Page 7 judgment may be necessary for its proper protection and prosecution of the Work. 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 cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty - five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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. 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 authorizes in writing the release of information. The Planning Center Page 8 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Work 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 his /her 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 accom plished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed The Planning Center Page 9 under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Jaime Murillo Planning Department City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3209 Fax: 949 - 644 -3229 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: JoAnn Hadfield The Planning Center 1580 Metro Drive Costa Mesa, CA 92626 Phone: 714 - 966 -9220 Fax: 714 - 966 -9221 26. TERMINATION 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. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar The Planning Center Page 10 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. 27. 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. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. SEVERABILITY The Planning Center Page 11 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. 34. 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. 35. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, OFFICE OF THE CITY ATTORNEY A municipal corporation B : u L- �o y 1 J By: '2LL��18 Leonie Mulvihill'0Davi iff Assistant City Attorney � o(1s110 City Manager ATTEST: By:0M0pur.'W'ILeilaniiiiiii 1.rown City Clerk z�.a. q%z P(3 RN I `.- CONSULTANT: The Planning Center By: Dwayne M rs Principal, Environmental Services By: Keith McCann, Chief Financial Officer Attachments: Exhibit A — Scope of Services & Billing Rates FORM CEQA Professional Services Agreement The Planning Center Page 12 September 16, 2010 (updated 9/28/10) Mr. Jaime Murillo, Associate Planner Planning Department City of Newport Beach 3300 Newport Blvd., Bldg. C Newport Beach, CA 92663 Subject: Proposal to Prepare an Initial Study /Mitigated Negative Declaration (MND) for the Mariner's Pointe Project, City of Newport Beach (P2010- 0905E) Dear Mr. Murillo The proposed Mariner's Pointe commercial project can be anticipated to revitalize the prominent northwest corner of Dover Drive and Pacific Coast Highway and serve as an attractive entry into the Mariner's Mile Specific Plan area. This underutilized property has been vacant for several years and provides a unique, timely opportunity for the City of Newport Beach. Moreover, the relatively recent approval and environmental review of a similar, larger commercial project for this parcel and adjacent parcels has already demonstrated the anticipated feasibility to mitigate project - related impacts to less than significant. This proposal, therefore, provides The Planning Center's approach to the preparation of an Initial Study and processing of a Mitigated Negative Declaration (MIND) pursuant to the California Environmental Quality Act. Our project understanding is based on our review of the RFP and related materials, a site visit conducted 9/13/10, a conversation with the City's planner for the project, and our experience and knowledge of the City of Newport Beach. Included in this submittal is a summary of our understanding of the proposed project, our scope of services, cost estimate, and estimated schedule for preparation of an Initial Study and MND processing. The Planning Center has extensive and recent experience with processing environmental documents in the City of Newport Beach, including the Newport Hyatt Regency Expansion, Monrovia Apartments, and Seashore Village projects. Our staff is familiar with City personnel, planning policies, and regulations. We believe this experience will help usworkwith the City to ensure an efficient and legally defensible resolution to the potential environmental issues associated with the project. JoAnn Hadfield, Director of Environmental Services, will serve as Project Manager and the City's primary day -to -day contact for this assignment as well as being responsible for overall quality control. John Vang will serve as Assistant Project Manager, and Tin Cheung, Scientist, will direct the technical studies (Air Quality, Greenhouse Gas (GHG), Noise) to be prepared by The Planning Center. The environmental team will be supported by graphics, technical editing, and clerical staff. If you have any questions regarding the contents of this proposal, pleasefeel free to contact JoAnn at 714.966.9220, or by email at jadfield@planningcenter.com. Project Understanding LAND USE AND REQUESTED ENTITLEMENTS Existing land use at the approximately 33,000- square -foot (sq. ft.) project site consists of a deteriorating, vacant, 5,447 sq. ft. former office /retail building. A surface parking lot in disrepair covers the majority of the site, and weeds are growing through the pavement. The applicant proposes demolishing the existing structure and replacing it with a 5580.METROORIVI, i CO !A .V' 20 1 7144669220 1 714.6&68271', WWWPLANNINGCEN`H2.COM September 16, 2010 (updated 9/28/10) Page 2 high end retail /restaurant/office complex. A two -story, approximately 20,850 sq. ft., two -story building is proposed, supported by a three -story, onsite parking structure with 160 parking spaces. The proposed land use is consistent with the existing General Plan designation of General Commercial (CG). The narrow configuration of the lot, however, presents a design challenge for the proposed land use. The proposed design requires a General Plan Amendment to allow an increase in the allowed floor area ratio (FAR) from the permitted 0.5 FAR to 0.63 FAR. A use permit is required to allow the proposed structures to exceed the 26 -foot base height limit to a maximum height of 35 feet, and also to establish a parking management plan to allowvalet parking. A modification permit to allow building encroachment into the five -foot rear -yard setback is also requested. A parcel map would consolidate the existing six lots into one parcel. The project must also comply with the Mariner's Mile Specific Plan and related design guidelines and landscaping standards. The proposed project will include undergrounding of existing power lines that are aligned on the slope behind the lot and served the previous commercial uses. Site access will be modified to provide two curb cuts compared to the existing five drive cuts. CURRENT STATUS AND RELATED STUDIES A few years ago, a previous project, including some additional parcels, was approved for this project site. The process included the preparation of a CEQA Initial Study and adoption of an MND. It is assumed that information and studies from this previous effort can be used to some extent to reduce the work required for the current effort. It is our understanding that the following studies/support are available or will be made available to The Planning Center: ■ Traffic Study per City's Traffic Phasing Ordinance (TPO) ■ Geotechnical /Soils Report ■ Phase 1 Site Assessment ■ Civil engineering support to include drainage concept plan /hydrology, water quality BMPs, water and sewer system improvement requirements. It is our understanding that the City's TPO methodology allows the project to take credit for trips generated by the former retail use on the project site when assessing impacts for future, project - related traffic generation. CEQA requires that the environmental setting describe physical conditions at the time the environmental analysis is commenced (CEQA Guidelines Section 15125). Normally these conditions constitute the baseline conditions for assessment of project - related impacts. Based on CEQA requirements, therefore, we believe that the Initial Study should assess the increase in traffic trips in comparison to the current, vacant use (no trip generation from the project site). The project - related impacts, however, will be defined by City standards, and mitigation will logically be determined accordingly. We will consult with City staff and the City counsel to assure that the CEQA documentation is legally defensible. As appropriate, the Initial Study may be prepared to quantify project - related impacts compared to existing conditions in addition to a net impact considering the former trip generation from the project site (as defined by the TPO). Note also that the trip generation relative to existing conditions will also be necessary to assess the traffic - related noise impacts in comparison to existing conditions. A comprehensive review for consistency with existing General Plan and Specific Plan policies is an important component of this project. This analysis will be included in the Land Use section of the Initial Study. September 16, 2010 (updated 9/28/10) Page 3 POTENTIAL ISSUES Based on our preliminary review, it appears that the overall project is consistent with the City's objectives for this parcel and vision of the General Plan and Mariner's Mile Specific Plan. The project, however, would introduce a relatively intense development to this narrow site which is situated at a busy, important City intersection. And although buffered by a high slope to the north and Pacific Coast Highway to the south, adjacent residential uses present potential land use compatibility issues associated with both short -term construction impacts and long -term operational impacts. Project - related noise impacts may present both short -term and long -term impacts that require mitigation. Construction - related noisethatwould primarily affect sensitive residential receptors at the top of the bluff would be relatively short term. Since grading activities would be minimal, primary construction noise would result from construction of the parking structure and other buildings. Although the two -story building and three -story parking structure may provide a buffer from PCH traffic noise, the parking structure and rooftop equipment would introduce a new source of noise near residences at the top of the bluff. Vehicle noise on the top level of the parking structure may be a primary concern. Also, although traffic generation would be minimal in relation to the current PCH traffic volumes, the City's noise ordinance is quite stringent about increases over ambient noise levels. This long -term operational impact will also require careful analysis. Appropriate solutions to traffic and circulation, including onsite parking planning, will be critical to the success of this project. It is anticipated that the traffic study will use City standards to assess level of service, sight distance, and speed relative to the site plan and access points. The environmental review will also need to address provisions for alternative transportation modesand project improvements to accommodate pedestrians, bicyclists, and masstransit (including accommodation for the existing bus stop along the site frontage, as appropriate). Aesthetic considerations and consistency with the objectives and guidelines of the Mariner's Specific Plan are also critical to the defensibility of the environmental review. The overall mass and scale of the project will be evaluated in the Initial Study, as will amenities, including landscaping and the proposed water feature. The conclusion regarding potential view impacts to residences on the top of bluff will also be substantiated and documented in the Initial Study. Although appropriate to disclose view impacts to surrounding residences, The Planning Center understands that private views are not protected by the City of Newport Beach. Scope of Work TASK 1: TECHNICAL STUDIES The Planning Center will conduct the following assessments to supplement existing information and available technical studies. The findings of quantitative analysis will be integrated with the Initial Study, and modeling results will be included in the Initial Study appendices. Task 1.1 Air Quality The Air Quality section will include an evaluation of potential short- and long -term air quality impacts associated with construction and operation of the project. South Coast Air Quality Management District ( SCAQMD) significance criteria will be used in the determination of level of significance. SCAQMD requires an evaluation of air pollutants on both a regional and local scale. Criteria air pollutants associated construction of the proposed project will be quantified and evaluated against SCAQMD's daily regional and localized CEQA significance thresholds. The long -term operations phase of the project will generate air pollution from project - related vehicle exhaust and energy September 16, 2010 (updated 9/28/10) Page 4 consumption. Forth local -scale analysis, an evaluation of the localized significance threshold (LST) for the 0.75 -acre site will be conducted to evaluate whether CO, NO„ PM,,, and PM2.5 from construction would expose surrounding uses to substantial levels of air pollution. If any exceedances of the SCAQMD's CEQA regional or LSTs occur due to air pollutant emissions from the proposed project, feasible mitigation that substantially reduces or avoids significant adverse air quality impacts will be developed. Tasks 1.2 Greenhouse Gas Emissions Project- related GHG emissionswill be quantified in accordancewith updated CEQA Guidelines, effective as of March 18, 2010. A discussion of the effects of global climate change and history of GHG emission regulations in California will be included. Annual GHG emissions will be quantified using the URBEMIS2007 computer model for the construction and operational phases of the project. Project design features and /or mitigation measures that reduce project - related GHG emissions will be identified, as necessary. GHG emissions modeling datasheets and assumptions will be included as an appendix to the Initial Study. Task 1.3 Noise and Vibration The Planning Center will evaluate potential noise and vibration impacts for the construction and operational phases of the project. The level of significance for construction impacts will be based on the magnitude of noise and vibration at the adjacent residences and the length of construction activities (provided by the applicant). Operational phase noise impacts will be based on trips generated by the project and noise generated by stationary sources at the project site (e.g., heating, ventilation, and air conditioning unit, parking garage, etc.). The primary noise impact of the project would be from the open air parking lot and rooftop mechanical equipment (unless enclosed within a lower level of the parking structure). Stationary equipment will be required to comply with the maximum permissible noise levels of the City's municipal code. The noise study will also model and assess the increase in ambient traffic noise generated by the project at sensitive land uses according to the City's General Plan. Traffic will be modeled using the Federal Highway Administration's (FHWA) Traffic Noise Model (TNM). The City of Newport Beach identifies significant impacts if noise levels increase at sensitive receptors by any amount when traffic noise levels exceeds 75 dBA CNEL; by 1 dB between 65 and 75 dBA CNEL, by 2 dB between 60 and 65 dBA CNEL, and by 3 dB when noise levels are 55 to 60 dBA CNEL Our scope of work and cast estimate provides two options for the noise assessment. As described below, our base cost estimate assumes that we will model sound levels at the adjacent residences using the Federal Transit Administration's (FTA) Noise Impact Assessment model. Projected noise levels will be compared to the municipal code, and mitigation measures proposed as necessary. We have also described an option to include more sophisticated modeling using SoundPlan software (see below). Mitigation measures to reduce noise and vibration impacts will be recommended, as necessary. Optional SoundPlan Software Modeling SoundPlan is a sophisticated noise planning software that displays the anticipated noise contours of a project superimposed over an aerial of the project area. It is particularly helpful for determining whether excessive noise will reach sensitive uses, because the graphics are color coded to reflect City standards. Because the software works in three dimensions, it will take into account noise attenuation provided by intervening topography or structures when modeling the project's noise impact on Kings Place residences. Another possible benefit of SoundPlan would be using it to show how project structures may be a noise barrier, reducing traffic noise from PCH at the blufftop residences. Noise contours overlaid on aerial photographs will show three scenarios: 1) noise contours of future conditions without the project, 2) noise contours with the project's intervening structures, and 3) noise contours showing the change In noise levels with and without the project's September 16, 2010 (updated 9/28/10) Page 5 structures and noise sources. This third graphic will show the project structures' noise shadows and whether its stationary noise sources may cancel out its benefits as a noise barrier to PCH. The attached example of the Aerie project in Corona Del Mar shows how noise from stationary construction sources is attenuated or blocked by existing residential structures and topography. This kind of graphic can also be useful when communicating with local residents about the benefits or impacts. Deliverables: — Technical information for the Air Quality, GHG and Noise assessments will be incorporated into the text and findings of the Initial Study. Support information, including modeling output, will be included in the Appendices to the Initial Study. Task 1.4 — Cultural Resources — Literature Review A literature study to determine the existence of previously recorded cultural and paleontological resources within the project boundaries plus a one mile radius will be conducted. A paleontology record search will be requested from the Natural History Museum of Los Angeles County. Records pertaining to archaeology and history will be searched at the South Central Coastal Information Center at California State University at Fullerton. The result Initial Study will include the results of the literature review and searches, and mitigation measures provided, as appropriate. TASK 2: INITIAL STUDY /MITIGATED NEGATIVE DECLARATION As noted above, it is anticipated that project- related environmental impacts can be mitigated to a less than significant level. The project approach, therefore, is preparation of an Initial Study (IS) that will support the adoption of an MIND under CEQA. Task 2.1: Screencheck IS /MND The Planning Center will prepare a Screencheck Initial Study to address each of the environmental topics included in the CEQA Guidelines that became effective March 18, 2010. • Aesthetics • Agriculture and Forest Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions (GHG) • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation and Traffic • Utilities and Service Systems The Planning Centerwill coordinate with City representatives to obtain anyadditional or updated information forthe proposed project. Our staff will conduct a site visit and document existing conditions with photographs. Project site plans, elevations, grading plans, utility plans, and landscaping plans will also be utilized to accurately evaluate project- related impacts. Deliverables: — 3 hard copies of the Screencheck IS /MND and 1 electronic copy (including technical appendices) September 16, 2010 (updated 9/28/10) Page 6 Task 2.2: Initial Study The Planning Center will edit the Initial Study upon receipt of review comments from the City. Upon approval, The Planning Center will also prepare a Notice of Intent (NOI) and reproduce and distribute copies of the Initial Study to the mailing list prepared in coordination with the City. Deliverables: — 50 hard copies of the IS /MND and 1 electronic copy plus certified mailing — File NOI with County Clerk Task 2.3: Mitigation Monitoring Program, Response to Comments, and NOD Our proposal includes coordination with the City and applicant to achieve the final environmental clearance (adoption of an MIND) for the project. A Mitigation Monitoring Program will be prepared for staff review and approval. In addition, although not mandated by CEQA, The Planning Center will prepare responses to comments received on the Initial Study to enable City decision makers to adequately consider and address any agency, organization, or community comments and concerns. The Planning Center will file the Notice of Determination (NOD) upon approval of the project. Deliverables: — Up to 20 hard copies of the MMP and Response to Comments — File NOD with County Clerk, including administrative and California Department of Fish and Game (CDFG) fees TASK 3: MEETINGS & PUBLIC HEARINGS Our cost estimate assumes that The Planning Center's Project Manager and an air quality /noise specialist will attend and participate in the following meetings and public hearings: — 1 kick -off or coordination meeting as determined by the City — 2 conference calls with City and /or project team — 2 public hearings with the Planning Commission and /or City council as requested by the City TASK 4: PROJECT MANAGEMENT AND COORDINATION The Planning Center will coordinate closely with the City to obtain project information. Project management responsibilities include: task scheduling and assignment; resource management; cost monitoring; and schedule adherence over the duration of the estimated schedule. Proposed Schedule Upon availability of a complete project description and supporting technical studies (traffic study and other information described above) and upon project initiation, the preparation and processing of the Initial Study /MND are anticipated to require approximately five months to complete from initiation to City Council approval and filing of the NOD (as outlined in the attached Project Management Schedule). The Planning Center will work to meet the scheduling objectives of the City. September 16, 2010 (updated 9/28/10) Page 7 Assumptions The scope of work and cost estimate is based on the following assumptions: ■ The cost estimate assumes that a complete project description will be available upon project initiation and that any changes during the preparation of the environmental document will be minimal and not require additional analysis. ■ The estimated schedule is provided for planning purposes and is based on assumptions that are out of the control of The Planning Center, including City staff review periods and applicant - provided information. ■ Construction information will be based on construction scheduling and equipment information provided by the applicant, and will include information quantifying any required import/export of material (including transport of materials demolished on the site). ■ One meeting with City staff, two conference calls, and two public hearings (interchangeable between Planning Commission and City Council as desired by City) are included in our cost estimate. If requested, additional meetings will be billed on a time- and - materials basis in accordance with the hourly rates for the personnel involved. ■ Project management time has been estimated based on the schedule for this project as included in this submittal. If the schedule is extended beyond the anticipated time frame for reasons beyond the control of The Planning Center, additional time for ongoing project management would be incurred and an adjustment to our cost estimate may be required. September 16, 2010 (updated 9/28/10) Page 8 Cost Estimate Task 1 — Technical Studies Task 1.1 —Air Quality Task 2.2 — Initial Study 3,078 Task 1.2— Greenhouse Gas Emissions Subtotal 1,015 Task 1.3 — Noise and Vibration Task 4 — Project Management 4,050 Task 1.4— Cultural Resources Literature Review Subtotal Labor 675 Subtotal 8,818 Task 2 — Initial Study /Mitigated Negative Declaration Task 2.1 — Screencheck IS /MND 17,855 Task 2.2 — Initial Study 1,060 Task 2.3 — MMP, Response to Comments, NOD 2,185 Subtotal 21,100 Task 3 — Meetings & Public Hearings 3,180, Task 4 — Project Management 5,040 Subtotal 8,220 Subtotal Labor 38,138 REIMBURSABLE'. EXPENSES (includes 12.5% markup) Reproduction (mailing, copies, etc.) 3,310 County and CDFG Filing Fees 2,060 Mileage 150 Subtotal' 6,210 GRAND TOTAL $44,348. Reimbursable expenses are an estimate only. Reimbursables and subconsultants are billed at cost plus 12.5 %. UPI IUNAL IANK Task 1.3a — Supplemental Sound Plan software modeling & graphics $2,500 September 16, 2010 (updated 9/28/10) Page 9 Table 2. The Planninq Center - 2010 Standard Fee Schedule STAFF LEVEL HOURLY RATE Principal $200 —$250 Director/ream Leader $140 —$225 Sr. Planner /Scientist/Designer 11 $135 —$215 Sr. Planner/Scientist/Designer 1 $115 —$155 Associate Planner /Scientist/Designer II $105 —$130 Associate Planner/Scientist/Designer I $95 —$110 Assistant Planner /Scientist/Designer II $80 —$100 Assistant Planner/Scientist/Designer 1 $60 —$80 GIS /CAD Operator 11 $100 —$135 GIS /CAD Operator 1 $90 —$105 Graphic Artist 11 $85 —$130 Graphic Artist 1 $75 —$95 Planning Technician /Intern $60 —$80 Technical Editor $95 —$100 Word Processing $75 —$85 Clerical /Administration $60 —$100 Third -Party CEQA Review $225 Expert Witness 2 x Normal Hourly Rate Other direct costs are billed at cost plus 12.5 %. Mileage reimbursement rate is the standard IRS- approved rate. Acknowledgment This proposal shall remain valid for a period of 90 days from the time of submittal. The attached Service Authorization, which includes our General Terms of Consulting Agreement, is a part of this proposal. If the contents of this Proposal and Agreement are satisfactory, please indicate your approval by signing the Service Authorization and sending it to our Corporate office. As Director, Environmental Services, I am authorized to bind The Planning Center and the project team to the contents of this proposal. Respectfully submitted, THE PLANNING CENTER JoAnn C. Hadfield Director, Environmental Services Mariner's Point City of Newport Beach Estimated Environmental Processing Schedule The Planning Center z__ _. Prepare Technical Studies P 45 days Mon __. Fri 1 /7111 ,...... pr pare re hnical s es udi " 1118110'. 1, Traffic Study(estimated schedule) ' 6 wks Mon: Fri 12117170.1 Tr 'e Study estimate d ached 11/8/101 , mom ....4 - Air quality/GHG - 3wks Mon Fri 1/7/111,3FF +3wks -- ouaiity/cx '.. 12/20/10 n .__5__ NoiseNibration -5 wks Mon Fri 1/7/11 ' t Noisa/Vibr anon '., 12/6110.. n —� s _. Initial Study Preparation 8 wks Mon Fri 1/14111 1,2FF +1 Initial siudy Preparation 114 Submit Screencheck IS to City - 0 days Fri 1/14/11, Fri 1/141116 i '- I 1114 City Review Initial Study - - 1 wk Mon Fri 1121/117 r city Revie Initial si 1/771111121 s TPC Revise Initial Study 1 wk', Moo Fri 1/28/11'8 rac Revi- Iniii 1124111, ._._ t0 I NOIIIS Re rolMailin Preparation 9 P 3 days Y Mon Wed 2/2/119 - D. ' NOUIS Ra o! 1/31111 it 30 -Day Public Review - '30edays Wed 2/2111 Fri3 /4/11 10,, '1z Response to- Comments /MMP - 1 wk Mon 3 /7/111 Fri 3111/1111 ' '19 ._ .... in Planning Commission 0 days Thu 3 /24/11 Thu 3124111 12FS +1 wk City Council.._ Example Sound Plan Modeling Graphic Output