HomeMy WebLinkAboutC-5109 - PSA for CEQA Services for North Newport Center Planned Community AmendmentPROFESSIONAL SERVICES AGREEMENT WITH
(� T & B PLANNING
v FOR CEQA SERVICES FOR
I� NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT
�1) THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made
and entered into as of this 4aday of April, 2012 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ("City"), and T & B PLANNING,
a California corporation ("Consultant'), whose address is 17542 East 17th Street, Suite
100, Tustin, California 92780 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is considering an application for North Newport Center Planned Community
Amendment.
C. City desires to engage Consultant to provide services in accordance with the
California Environmental Quality Act ("CEQA").] ('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 Jeramey
Harding, Senior Project Manager and Tracy Zinn, Principal -in -Charge,
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 December 31, 2012 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ("Work" or "Services"). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.1.1 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.
3.2 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand -delivery or mail.
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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 Forty -Eight
Thousand Two Hundred Seventy Dollars and no/100 ($48,270.00) 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) days after approval of the monthly invoice by City staff.
4.3 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:
4.3.1 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.
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4.3.2 Approved reproduction charges.
4.3.3 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.
4.4 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.
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 Jeramey Harding 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.
6. ADMINISTRATION
This Agreement will be administered by the Community Development 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 authorized representative shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 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.
7.1.2 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
T & B PLANNING Page 3
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. By delivery of
completed Work, Consultant certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
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
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,
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 including,
without limitation, defects in workmanship or materials 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).
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 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
T & B PLANNING Page 4
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
14.1 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.
14.2 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 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.
T & B PLANNING Page 5
14.2.1 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 proposal.
14.3 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.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($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.
14.4.1.1 Any notice of cancellation or non -renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non-payment of premium) prior to such
change.
14.4.1.2 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.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 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 any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
14.7 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 one million dollars
($1,000,000) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements.
T & B PLANNING Page 6
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions
14.8.1.1 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.
14.8.1.2 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.
14.8.1.3 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.
14.8.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to City with thirty (30) days notice
of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.9 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.
14.10 Additional 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.
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.
T & B PLANNING Page 7
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work
outlined in the Scope of Services. The subconsultants authorized by City to perform
Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to
City for all acts and omissions of the subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and 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. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the Services to be provided under this Agreement shall
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted version of
Microsoft Word, Excel or portable document format (.pdf).
19. 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.
20. 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.
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.
22. 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.
23. 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 paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 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
T & B PLANNING Page 9
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 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, Associate Planner
Community Development Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3209
Fax: 949-644-3229
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attention: Tracy Zinn, AICP
T & B PLANNING
17542 East 17`h Street, Suite 100
Tustin, CA 92780
tzinn@tbplanning.com
Phone: 714-397-4224
Fax: 714-505-6361
27. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in this Agreement, the Consultant shall be required to file any
claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 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
T & 8 PLANNING Page 10
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.
28.2 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 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.
29. STANDARD PROVISIONS
29.1 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.
29.2 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.
29.3 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.
29.4 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.
29.5 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.
29.6 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.
T & B PLANNING Page 11
29.7 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.
29.8 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.
29.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
29.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of.which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
T & B PLANNING Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTQRAIEY'S OFFICE
Aaron C. Harp
City Attorney
ATTEST:
Date: `1 �r q 4I`i I-2,
By: aNk <
LeilaO— Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: -.;7- 1Z�
By:
2 Kimberly Brandt, A CP
CCommunity Development Director
CONSULTANT: T & B PLANNING,
a California corporation
Date: 'jam //o - zz)/L
By: r/4+ '�
Tracy,li fn AICP
Vice President
W.
M
[END OF SIGNATURES]
Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
T & B PLANNING Page 13
EXHIBIT A
T & B PLANNING Page 14
.I�
I' Tustin, CA I San Diego, CA I Murrysville, PA JN: 923-001
P L A N N I N G 17542 East 17th Street. Suite 100 Tustin. CA 92780 p714.505-6360 (714.505.6361
March 22, 2012 (REVISED March 29, 2012)
CITY OF NEWPORT BEACH
c/o Jamie Murillo, Associate Planner
3300 Newport Boulevard
Building C
Newport Beach, CA 92663
RE: PROPOSAL TO PROVIDE CEQA SERVICES FOR THE NORTH NEWPORT CENTER PLANNED COMMUNITY
AMENDMENT
Dear Mr. Murillo:
T&B Planning, Inc. is pleased to present this proposal to provide professional California
Environmental Quality Act (CEQA) consulting services to the City of Newport Beach. Specifically, this
proposal addresses the North Newport Center Planned Community (NNCPC) Amendment proposed
by Irvine Company. We look forward to the opportunity of working with the City on this project and
other projects that may require CEQA services in the future.
The enclosed proposal provides a work program and budget for the preparation of CEQA compliance
documentation in support of the proposed project. As required by the Request for Proposal (RFP)
dated March 12, 2012, our proposal includes separate scopes of work to account for the preparation
of either a Mitigated Negative Declaration (MND) or an Addendum to the City's General Plan
Program EIR (2006). Based on the information given in the RFP, it is our initial opinion that an EIR
Addendum is appropriate; however, if the results of the traffic analysis or other technical study
identify impacts that require mitigation, an MND will be required under CEQA. At this time, we do
not believe that a Supplemental EIR is necessary.
T&B Planning has been in business since 1974 and has proudly served many public and private sector
clients over our 38 -year history. We have extensive experience managing the CEQA compliance
processes and preparing comprehensive and legally defensible CEQA documents. The enclosed
proposal consists of the following exhibits, which concisely set forth our qualifications and
professional methodology for completing services in a timely and efficient manner.
• Qualifications — ExHIBITA
• Scope of Work— EXHIBIT B
• Cost Estimate — EXHIBIT C
The business philosophy at T&B Planning is for our Principals and Senior Managers to be directly
involved in project management. For this project, Jeramey Harding will serve as Senior Project
Manager and Tracy Zinn will be Principal -in -Charge. We will be supported in this effort by our in-
house staff of environmental analysts, graphics specialists, and technical writers. Urban Crossroads,
www.tbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
A I INorth Newport Center Planned Community Amendment
I CEQA Services Proposal
March 22, 2012 (Revised March 29, 2012)
F I AN N I G Page 2 of 20
Inc. will serve as the technical expert for any necessary Air Quality, Greenhouse Gas, and/or Noise
Analysis technical work. We routinely sub -consult this work to provide objective analysis and a high
level of local expertise.
Thank you for your time and careful consideration. We look forward to working with the City of
Newport Beach on this project. If you should need any additional information, please contact Tracy
Zinn at (714) 397-4224, or via email at tzinnCdtbDlannin¢.com.
Sincerely,
T&B Planning, Inc.
JiUll Zinn, AICP
Vice President
/ Jeramey Harding, AICP
Senior Project Manager
www.rbplanning.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
North Newport Center Planned Community Amendment CEQA Proposal Ll I
EXHIBIT A: QUALIFICATIONS
QUALIFICATIONS
Firm Profile
T&B Planning is a privately -owned planning and environmental consulting firm. '
Founded in 1974 as Turrini & Brink, renamed T&B Planning Consultants, Inc. in ,
1990, and now operating as T&B Planning, Inc., our firm serves clients throughout
Orange, San Diego, Riverside, San Bernardino, Imperial, and Los Angeles counties,
as well as the mid Atlantic region through our Murrysville, Pennsylvania office.
We maintain a steady workload for a broad client base, consisting of both public
and private sector clients.
P L A N N I N G
/ T&B Planning serves clients in jurisdictions
swa eeRw�Drr+o _ throughout the State of California. Geographically,
jos RNCELEs
T&B Planning primarily serves the five southern
tt
California counties of los Angeles, Orange,
Riverside, San Bernardino, San Diego, and Imperial,
and the municipalities within them. The firm has
—
been providing design, planning, and graphic
services in California since 1974 and environmental
0 IMRERTAL
services since 1991.
T&B Planning is widely respected for our ability to prepare accurate and detailed CEQA documents for a
variety of project types and sizes. Project types frequently addressed by our CEQA documents include but
are not limited to regional plans; master -planned communities; mixed-use projects; residential
subdivisions; commercial, office, and industrial developments; parks and recreational facilities; schools and
universities; public utilities; civic uses; energy facilities; and transportation systems. Our in-depth
understanding of the complexities of environmental law and the land entitlement process, and
appreciation for our clients' time schedules and economic goals, have made T&B Planning a leading expert
in the environmental analysis industry.
We act as the primary consultant responsible for managing the CEQA process, preparing CEQA documents,
preparing and posting all CEQA notices, and representing the CEQA process and documents at public
meetings and hearings. In short, we are CEQA experts. To ensure objectivity and a high level of technical
quality control, T&B Planning does not employ in-house technical experts for every environmental issue
area. We offer our clients complete objectivity and technical proficiency by teaming with or sub -consulting
technical experts that are best suited to the project's physical geography and CEQA issues. This is one of
the reasons why no EIR prepared by T&B Planning has ever been successfully challenged. T&B Planning
routinely assembles and manages teams of technical experts specifically selected to best serve the needs of
each individual project and to support its CEQA documents.
T&B Plannina's Philosophy
When T&B Planning began offering environmental services in 1991, it was in response to a growing need for
quality work and responsive, professional service. Over the years, T&B Planning gained a reputation for
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T&B Planning, Inc.
North Newport Center Planned Community Amendment CEPA Proposal
EXHIBIT A: QUALIFICATIONS
providing the best service possible to our clients and preparing environmental documents that are easily
understood, precise, and legally defensible. No EIR prepared by T&B Planning has ever been successfully
challenged. Our project managers and environmental analysts use proven analysis methods and research
techniques that are fact -based and well-grounded with technical support provided by experts specifically
chosen for each project and impact area.
Our environmental analysts are cross -trained in land use planning and sustainable design. The synergistic
integration of our planning, design, environmental, and graphics services results in a comprehensive
approach that yields a defensible environmental document containing practical mitigation measures,
monitoring requirements, and appropriate resource avoidance techniques.
Summary of T&B Planning's Environmental Services
T&B Planning offers services in four primary areas: planning, design, environmental, and graphics.
P L A N N I N G D E S I G N E N V I R O N M E N T A L G R A P H I C S
Our Environmental Services Division provides a wide variety of
services in support of CEQA compliance documentation. The
following list provides a partial "headline" summary of the
environmental services performed by T&B Planning's project
managers, environmental analysts, and GIS/graphics production
staff:
— Agricultural Lands Impact Analysis
— Alternatives Analysis
— Alternatives Feasibility Studies
— CEQA Documentation
— Environmental Assessment Reports
— Environmental Planning & Site Design
— GIS & CAD Services
— Initial Study Checklists
— Land Use Consistency Analysis
— Mineral Resource Impact Analysis
— Mitigation by Design'
— Mitigation Monitoring & Reporting Programs
— NEPA Document Support
— Project Management
— Public Facilities Impact Analysis
— Public Meeting & Hearing Presentations
— Technical Report Reviews
— Third Party Peer Reviews
— State and Federal Agency Permit Assistance
— Visual Quality Analysis
— 3D Visual Simulations
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T&B Planning, Inc.
North Newport Center Planned Community Amendment CEQA Proposal
EXHIBIT A: QUALIFICATIONS
Reasons to Select T&B Planning
T&B Planning is particularly well-suited to provide CEQA consulting services for the North Newport Center
Planned Community Amendment for the following reasons:
— Our work is objective and legally defensible. We have not previously worked for Irvine Company or the
City of Newport Beach and have no conflicts of interest.
— T&B Planning's corporate office is located in Tustin and is easily accessible to the City of Newport Beach.
— Our staff provides immediately responsive, high-quality service.
— Our principals and staff members receive ongoing training and are skilled in current environmental
issues and CEQA case law.
— We are diligent in meeting project schedules.
— To date, no EIR prepared by T&B Planning has ever been successfully challenged in court.
— Our environmental analysts are cross -trained in planning, which enables us to recommend mitigation
measures that are feasible for project proponents to implement and that meet all CEQA requirements.
— We are forthcoming about recommending alternative solutions to environmental issues, particularly
when they will expedite CEQA document preparation and processing, reduce mitigation costs, or
provide a greater level of legal defensibility.
— Our clients enjoy and respect a professional working relationship with T&B Planning. Our client
retention/repeat business rate is 95%.
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T&B Planning, Inc.
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North Newport Center Planned Community Amendment CEQA Proposal I
EXHIBIT A: QUALIFICATIONS
Proposed Staff and Experience
The following T&B Planning staff members will work on this project. Additional information about our staff
members, including resumes, is available upon request.
— Tracy Zinn, AICP, Principal: Ms. Zinn joined T&B Planning in 1993. She has 18 years of experience
managing and preparing CEQA documents and has directed the preparation of over 50 EIRs in southern
California. She manages T&B Planning's environmental services in all three of the firm's offices. For this
project, she will oversee CEQA document preparation and processing. Ms. Zinn regularly manages and
conducts quality control of the firm's CEQA documents. Her skill in preparing legally defensible
documents has contributed to the firm's success and ability to state that no EIR prepared by T&B
Planning has ever been successfully challenged. Ms. Zinn holds a B.S. degree in Urban and Regional
Planning from Indiana University of Pennsylvania, is certified by the American Institute of Certified
Planners (AICP) and is an active member of the California Association of Environmental Professionals.
— leramey Harding, AICP, Senior Project Manager: Mr. Harding provides supervision, oversight, and
management of many of the firm's environmental services in southern California. He is primarily
focused on CEQA compliance and is responsible for leading project teams, preparing CEQA documents,
and processing CEQA notices in accord with local and State laws. He also specializes in evaluating
project impacts to visual resources and land use and community character. For this project, Mr.
Harding will serve as the day-to-day CEQA project manager and author a majority of the CEQA
document(s). Mr. Harding holds a B.S. degree in Natural Resources Planning from Humboldt State
University, a M.S. degree in Urban and Regional Planning from Eastern Washington University, and is
certified by the American Institute of Certified Planners (AICP)
— Eric Horowitz, GISP, GIS Manager: As GIS Manager, Mr. Horowitz provides supervision, oversight, and
management of the firm's GIS services and is responsible for managing the production and
development of all geographic information used in the firm. For this project, he will oversee production
of all necessary exhibits required to support the CEQA document(s) and presentation materials. Mr.
Horowitz holds a B.A. degree in Urban and Regional Planning from San Diego State University and an
M.S. degree in Geographic Information Systems from the University of Redlands. He also is certified as
a Geographic Information Systems Professional (GISP) and is a member of the California Geographic
Information Association.
— Robyn Barber, Environmental Analyst. Ms. Barber is an experienced environmental analyst. She
prepares and edits CEQA documents, technical studies, historic preservation plans, and other related
documents. Her areas of expertise include earth sciences and cultural and historic resources. Prior to
joining T&B Planning, Ms. Barber worked as an environmental consultant for a large engineering firm,
helping power companies throughout the United States and Puerto Rico meet their environmental
permitting requirements through the use of Environmental Management Information System (EMIS)
databases. She holds a Master of Public Administration (M.P.A.) in Urban and Regional Affairs and
Policy Research & Analysis (2004) from the University of Pittsburgh and a Bachelor of Arts (B.A.) in
Environmental Geology and Environmental Studies (2001) from Case Western Reserve University.
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T&B Planning, Inc.
North Newport Center Planned Community Amendment CEQA Proposal I pq
EXHIBIT B: SCOPE OF WORK
SCOPE OF WORK
Project Understanding
Based on information provided in the RFP, it is our understanding that Irvine Company is seeking to amend
the North Newport Center Planned Community (NNCPC) zoning document to increase the development
allocation in San Joaquin Plaza from 430 dwelling units to 524 dwelling units (an increase of 94 units). To
account for the additional units, 79 units would be transferred from the Newport Beach Marriott donor site
and 15 units would be transferred from the remaining allocation in the Mixed -Use Horizontal (MU -H3)
General Plan Designation within the Newport Center Statistical Area. Ultimately, 524 residential units
would be permitted in San Joaquin Plaza, at the northwest intersection of Santa Cruz Drive and San
Clemente Drive.
Discretionary Actions associated with the application that trigger CEQA compliance include a NNCPC
Amendment (Zoning), Transfer of Development Rights, North Newport Center Affordable Housing
Implementation Plan Amendment, and a Development Agreement Amendment. In addition, the following
approvals are required to support the project and its CEQA document: Traffic Study pursuant to the City's
Traffic Phasing Ordinance and a Water Supply Assessment pursuant to SB610.
The City of Newport Beach will retain the services of a CEQA consultant to prepare the appropriate CEQA
compliance document(s) on behalf of the City and manage the CEQA process in compliance with City
procedures and California State law. The CEQA document(s) will be considered by the Newport Beach
Planning Commission and City Council in association with their decision-making processes for the project.
City staff has determined that either a Mitigated Negative Declaration (MND) or an Addendum to the City's
General Plan EIR (2006) will be required. Thus, this proposal provides a scope of work and budget for either
scenario.
Scope of Work
The Scope of Work provided below is separated into two categories: MND Option and EIR Addendum
Option. The final determination will be made in consultation with the City of Newport Beach after the
traffic study results are available and all relevant information has been considered. Technical report
preparation to support the CEQA document is included as Task 4.
TASK 1: PREPARE DRAFT INITIAL STUDY
Sub -Task 1.1 Research, Data Acquisition, and Review
T&B Planning will review the proposed Irvine Company application materials in detail and the City's General
Plan Program EIR (2006) and its supporting technical studies. With the City s permission, T&B Planning will
consult with the project proponent's representative to gain a full and complete understanding of the
project's intent and objectives. Although the discretionary applications for this project appear to be limited
to a dwelling unit reallocation and increase for San Joaquin Plaza, the CEQA Guidelines require study of the
"whole of an action." Therefore, if the intent of the project is to reallocate dwelling unit allocations for the
purpose of constructing a particular project; we would advise that the City consider the reasonably
foreseeable environmental impacts of the anticipated project. This is the only potential issue that T&B
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T&B Planning, Inc.
North Newport Center Planned Community Amendment CEQA Proposal
EXHIBIT B: SCOPE OF WORK
Planning identified during our review of the RFP, the outcome of which may determine whether the CEQA
document is an EIR Addendum or a MND. The City and its CEQA consultant need to clearly determine if the
"project" as defined by CEQA is: 1) simply a 94 -unit reallocation (as asserted in the project proponent's
"Environmental Checklist Form;" or 2) a 94 -unit reallocation in anticipation of a reasonably foreseeable
524 -unit construction project, which would trigger a Water Supply Assessment as indicated in the City's
RFP.
Sub -Task 1.2 Prepare Project Description
Prior to initiating any substantive work and following Sub -Task 1.1, T&B Planning will prepare a formal
Project Description to be used throughout the CEQA compliance process. The Project Description will
include both text and exhibits and describe the proposed project and its associated applications and
characteristics. We expect that a majority of the exhibits will be taken from the Irvine Company application
materials, with minimal graphic manipulation work required by T&B Planning to support the CEQA process.
Sub -Task 1.3 Prepare Initial Study
T&B Planning will prepare a Draft CEQA Initial Study (IS) using the CEQA Environmental Checklist Form.
Some of the information will be taken from the "Environmental Information Form' filled out by the project
proponent's representative. The Draft IS will include:
— Statement of the purpose and scope of the IS;
— Disclosure of the Lead Agency and any other public agencies that must approve the project (if any);
— Description of the proposed discretionary actions;
— Description of the project's characteristics;
— Description of the project's location;
— Overview of existing site and surrounding conditions/environmental setting;
— Examination of project consistency with existing zoning, plans, and other applicable land use controls;
— List of references used;
— Environmental evaluation by CEQA subject area (Environmental Checklist);
— Determination as to the required type of CEQA document.
The Environmental Checklist and Responses to Environmental Checklist will be the primary work effort for
this task. The Responses to Environmental Checklist section will contain pertinent analysis and determine
the significance of impacts to the following environmental resources. The level of detail for this analysis
will be highly dependant on the project's description, as determined in Sub -Task 1.1 and documented in
Sub -Task 1.2.
— Aesthetics
— Air Quality
— Greenhouse Gas Emissions
— Hazards and Hazardous Materials
— Hydrology and Water Quality
— Land Use and Planning
— Noise
— Population and Housing
— Public Services
— Recreation
— Transportation and Traffic
— Utilities and Service Systems
— Mandatory Findings of Significance
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T&B Planning, Inc.
North Newport Center Planned Community Amendment CEQA Proposal
EXHIBIT B: SCOPE OF WORK
Because the site is disturbed, we anticipate that only nominal analysis will be required for:
Agriculture/Forest Resources; Biology; Cultural Resources; Geology and Soils; and Mineral Resources.
Each of the environmental issue areas will be assigned a significance rating of "No Impact," "Less than
Significant Impact," or "Less than Significant with Mitigation Incorporated." For each issue area, a detailed
rationale will be provided within the Responses to Environmental Checklist section to provide substantive
evidence for the conclusion drawn. References will be cited and relied upon as appropriate.
Sub -Task 1.4 Determine CEOA Document Type & Revise Initial Studv
At the completion of Sub -Task 1.3, T&B Planning will supply a copy of the IS to the City of Newport Beach
and meet with City staff to discuss the outcome of the IS and the recommended type of CEQA document —
either an EIR Addendum or a MND.
TASK 2: PREPARE MITIGATED NEGATIVE DECLARATION
The required type of CEQA document will be either an EIR Addendum or a MND. This TASK 2 assumes the
preparation of a MND. TASK 3 (below) assumes the preparation of an EIR Addendum.
Sub -Task 2.1 Prepare MND and MMRP
The Expanded Environmental Checklist will serve as the body of the MND document. T&B Planning will
clearly identify all significant impacts and recommend feasible mitigation measures to reduce those impacts
to below a level of significance. T&B Planning also will prepare a Mitigation Monitoring and Reporting
Program (MMRP) in accordance with State law and City of Newport Beach requirements to ensure
implementation of mitigation measures, standard conditions, and project design features required as part
of specific project approvals. The MND and accompanying MMRP will be provided to the City for review.
Two rounds of revisions to the MND and MMRP are budgeted to respond to all reasonable comments made
by City staff. We anticipate that two review cycles will be sufficient; however, if the City requests a third
review, T&B Planning would arrange a meeting with the appropriate City staff to discuss the City's
comments and recommend appropriate ways to address any concerns.
Sub -Task 2.2 Prepare Public Review MND for Distribution
Upon receiving the City's authorization to finalize the Draft MND, T&B Planning will prepare and print the
document for public distribution and work with City staff to compile the MND's distribution mailing list.
This proposal assumes that Irvine Company's Title Company will provide mailing labels for property owners
within the City's required notification radius. This proposal also assumes that City of Newport Beach will
provide their standard public agency notification list as a basis from which to compile the MND's
distribution mailing list. T&B Planning will conduct the MND mailing, in both hard copy and electronic (CD)
formats. The MND will be packaged with all of the supporting technical studies serving as MND
Appendices (refer to TASK 4).
Sub -Task 2.3 Consider Public Comment on MND
Upon completion of the public review period, T&B Planning will review all comment letters, and evaluate
the MND for CEQA adequacy in consideration of the submitted comments. In response to letters of
comment, revisions may be necessary to the MND which will be discussed with the City and authorized
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T&B Planning, Inc.
North Newport Center Planned Community Amendment CEQA Proposal
EXHIBIT B: SCOPE OF WORK
prior to changes being made to the document. For purposes of this proposal, our budget assumes that only
minor MND changes would be necessary to prepare the Final MND for consideration by City decision -
makers.
Sub -Task 2.4 Prepare Final MND and Notice of Determination (NOD)
T&B Planning will prepare a Final MND for review by City staff and make any additional requested revisions.
Pursuant to receiving the City's approval, T&B Planning will prepare the Final MND for use by the decision
makers during the public hearing stages.
After adoption of the MND by the City Council, T&B Planning will prepare a Notice of Determination (NOD)
form pursuant to Section 15075 of the State CEQA Guidelines. Once reviewed and approved by City staff,
T&B Planning will post the NOD with the County Clerk, along with the required CA Department of Fish and
Game (CDFG) filing fee, if required. Because the project will very likely have no effect on fish and wildlife,
CDFG may waive the filing fee under their "No Effect Determination' provision that became effective on
July 16, 2009. Timely filing of the NOD (within five (5) working days of final decision) reduces the statute of
limitations on court challenges to the approval under CECIA.
TASK 3: PREPARE EIR ADDENDUM
The required type of CEQA document will be either an EIR Addendum or a MND. This TASK 3 assumes the
preparation of on EIR Addendum. TASK 2 (above) assumes the preparation of a MND.
Sub -Task 3.1 Prepare EIR Addendum
The Expanded Environmental Checklist will serve as the body of the EIR Addendum. An introductory
section will be prepared, explaining the contents and findings of the EIR Addendum and its supporting
technical studies. The EIR Addendum will be provided to the City for review. One round of revision to the
Addendum is budgeted to respond to all reasonable comments made by City staff. We anticipate that one
review cycle will be sufficient; however, if the City requests a second review, T&B Planning would arrange a
meeting with the appropriate City staff to discuss the City's comments and recommend appropriate ways
to address any concerns. Public review is not required for an EIR Addendum, so no document distribution
is required as part of this Sub -Task.
Sub -Task 3.2 Prepare Final EIR Addendum and Notice of Determination (NOD)
Pursuant to receiving the City's approval, T&B Planning will prepare copies of the Final EIR Addendum for
use by the decision makers during the public hearing stages. The EIR Addendum will be packaged with all
of the supporting technical studies serving as EIR Addendum Appendices.
After adoption of the MND by the City Council, T&B Planning will prepare a Notice of Determination (NOD)
form pursuant to Section 15075 of the state CEQA Guidelines. Once reviewed and approved by City staff,
T&B Planning will post the NOD with the County Clerk. Timely filing of the NOD (within five (5) working
days of final decision) reduces the statute of limitations on court challenges to the approval under CEQA
from 180 days to 30 days.
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T&B Planning, Inc.
North Newport Center Planned Community Amendment CEQA Proposal
EXHIBIT B: SCOPE OF WORK II 1 I A
TASK 4: PREPARE TECHNICAL STUDIES
The RFP requested that the CEQA Consultant include a scope of work and budget to conduct technical
studies for Air Quality, Greenhouse Gas Emissions, Noise, and the required Water Supply Assessment. The
level of analysis required for Air Quality, Greenhouse Gas Emissions, and Noise will be dependant on 1) the
results of the project's traffic study; and 2) the level of project detail required for study, as determined in
Sub -Tasks 1.1 and 1.2. This proposal includes a scope and budget for technical analysis of a 94 dwelling unit
reallocation in anticipation of a reasonably foreseeable 524 -unit project, the construction details of which
are not proposed. The budget includes analysis, report production, and up to 3 hours of revision time for
each report based on City comments.
As indicated in Exhibit A "Qualifications," T&B Planning routinely works with consulting technical experts to
ensure objectivity. Urban Crossroads, Inc. will prepare the Air Quality, Greenhouse Gas Emissions, and
Noise technical analysis. Their analysis and reports will be quality -controlled by T&B Planning.
Sub -Task 4.1 Air Quality Study
An Air Quality technical report will be prepared to support the EIR Addendum and/or MND. The report will
be prepared to include a description of the Project and its design features and the following information
and analysis:
1. Existing conditions information; this will include gathering background air quality data, local wind
patterns in the study area and identifying applicable South Coast Air Quality Management District
(SCAQMD) rules, plans and thresholds of significance.
2. Qualitative discussion of construction -related air emissions that would occur from the increased density
allocation. Because no specific "construction activity" is defined as part of the project, quantification of
construction phase emissions will not be provided.
3. Operational emissions evaluation, based upon trip generation projections provided as part of the traffic
study. In addition, emissions from other operational sources will be considered.
4. A qualitative CO Hot Spot analysis. No dispersion modeling is included due to the low background
concentrations of CO and the low CO Maintenance Plan results from the SCAQMD.
5. Potential odors resulting from the proposed project, in a qualitative discussion.
6. Recommended mitigation measures that will reduce any potential impacts to the maximum extent
possible.
Sub -Task 4.2 Greenhouse Gas Emissions Stud
Based on initial information provided in the RFP, CEQQ case law (particularly CREED v. City of San Diego
(2011) and CREED v. City of Chula Vista (2011)), and our extensive experience working on other CEQA
compliance projects, it is the opinion of T&B Planning that a project -specific evaluation of greenhouse gas
emissions for a project that does not increase General Plan density, is not required to be exhaustive nor
trigger a Supplemental EIR.
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T&B Planning, Inc.
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North Newport Center Planned Community Amendment CEQA Proposal q
EXHIBIT B: SCOPE OF WORK 9
To support the EIR Addendum and/or MND a Greenhouse Gas (GHG) Emissions report will be prepared to
include a description of the Project and its design features and the following information and analysis:
1. Rationale for the significance threshold. The significance determination will likely be based on a
qualitative threshold of AB 32 compliance rather than a "numeric' threshold since neither the City of
Newport Beach nor the SCAQMD have established numeric significance thresholds related to
greenhouse gases. The criteria will be determined in consultation with the City Attorney.
2. Listing of applicable federal and state regulatory requirements (i.e., AB32, SCAQMD, CARE thresholds)
and qualitative discussion of the effects of GHG emissions on regional air quality.
3. Qualitative discussion of construction -related emissions that would occur from the increased density
allocation. Because no specific "construction activity" is defined as part of the project, quantification of
construction phase emissions will not be provided.
4. Evaluation of applicable GHG emission increases associated with long-term mobile source activity. Data
available from the technical air quality analysis as well as the technical traffic impact analysis will be
utilized in calculating the emissions inventory.
5. Evaluation of significance for short-term construction, long-term mobile source, and long-term
stationary source activity.
6. Recommended mitigation measures that will reduce any potential impacts to the maximum extent
possible.
Sub -Task 4.3 Noise Study
A Noise technical report will be prepared to support the EIR Addendum and/or MND. The report will be
prepared to include a description of the Project and its design features and the following information and
analysis:
1. Disclosure of applicable, Federal, State and Local Noise criteria. This includes both the City of Newport
Beach General Plan Noise Element and Municipal Code.
2. Assessment of transportation related noise sources such as major arterial roadways and potential
aircraft overflights. In addition, identify any stationary (non -transportation related) noise sources from
existing activities at the surrounding uses in the vicinity of the project.
3. Calculated estimate of off-site transportation noise impacts in the study area using a version of the
FHWA noise prediction model.
4. Existing and future off-site traffic noise contours at up to twenty (20) roadway segments in the project
study area and calculation of future off-site transportation noise level contributions by comparing the
"with" and "without" project noise contours on the study area roadways.
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North Newport Center Planned Community Amendment CEQA Proposal
EXHIBIT B: SCOPE OF WORK
5. Qualitative discussion of construction -related noise. Because no specific "construction activity' is
defined as part of the project, quantification of construction -related noise levels and estimation of
exterior noise reduction specifications for proposed dwelling units will not be provided.
6. Recommended mitigation measures that will reduce any potential impacts to the maximum extent
possible.
Sub -Task 4.4 Water Supply Assessment
Based on the outcome of Sub -Tasks 1.1 and 1.2, the project will be described as either a 94 dwelling unit
reallocation or as a 94 -unit reallocation in anticipation of a 524 dwelling unit project. If the CEQA analysis
studies a 524 unit project, then a Water Supply Assessment will be required pursuant to SB 610. Because
the City's Urban Water Management Plan already assumes buildout of the City s General Plan and there
would be no total dwelling unit increase associated with the proposed project, it is expected that the
analysis will be simple and straightforward. Analysis will compare per capita water usage differences for
hotel units and residential dwelling units. T&B Planning will prepare the necessary Water Supply
Assessment documentation and coordinate with the City of Newport Beach accordingly to gain approval of
the Assessment.
TASK 5: MEETINGS, HEARINGS, AND PROJECT MANAGEMENT
Sub -Task 5.1 Meetines. Correspondence, and Coordination
All time spent by T&B Planning in attending meetings, preparing/updating project schedules, or in
coordinating/communicating via phone, e-mail, letter and/or web -based conferencing with City staff, public
agencies, the project proponent, and technical consultants (as needed) will be billed on a Time and
Materials basis against the budget for this task. The amount of effort required for this task is highly
dependant on the level of controversy that may arise over the course of the project. The actual number of
hours associated with this task may be higher or lower than the estimated budget; which is set at $4,000
for an EIR Addendum and $6,500 for an MND. We will only bill for the actual number of hours required for
this task. Attendance at Public Hearings is budgeted separately as part of Sub -Task 5.2.
Sub -Task 5.2 Public Hearings
A T&B Planning Principal or Project Manager will attend up to two (2) public hearings before the City
Planning Commission and Council. If additional public hearings are required, then attendance at such
hearings will instead invoiced under Sub -Task 5.1. A PowerPoint presentation is not budgeted as part of
this proposal.
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T&B Planning, Inc.
North Newport Center Planned Community Amendment CEQA Proposal g
EXHIBIT B: SCOPE OF WORK
TASK 6: REIMBURSABLE COSTS
Sub -Task 6.1 Reimbursable Costs
The following provides an estimate of the direct costs that are anticipated to be incurred in association with
the project, based on the Scope of Work described herein and the expected number of document pages
and copies that will be required. Reimbursable fees will be billed at -cost.
Sub -Task
Deliverable Item
EIR
Addendum
Quantity
MND
Quantity
Unit Cost
EIR
Addendum
Cost
MND Cost
1.2
Project Description (Electronic Only)
N/A
N/A
N/A
N/C
N/C
1.3
Hard Copies 1st Screencheck IS (b/w)
10
10
$35.00
$350.00
$350.00
CDs containing 15
6
--
$3.25
$19.50
$19.50
2.1
Hard Copies MND/MMRP (b/w)
--
10
$40.00
--
$400.00
COs containin MND
1 6
$3.25 1
$19.50
2.2
Hard Copies MND/MMRP (public review) (color)
-
50
$50.00
-
$2,500.00
Hard Copies Technical Appendices (b/w)
-
5
$250.00
-
$1,250.00
CDs with Label - Public Review MND
--
50
$5.00
-
$250.00
2.4
Hard Copies Final MND/MMRP (color)
--
25
$50.00
-
$1,250.00
Hard Copies Final Technical Appendices b/w)
--
5
$250.00
-
$1,250.00
CDs with Label - Final MND
--
50
$5.00
--
$250.00
3.1
Hard Copies EIR Addendum (b/w)
30
--
$40.00
$400.00
CDs containing EIR Addendum
6
--
$3.25
$19.50
3.2
Hard Copies Final EIR Addendum (color)
50
--
$50.00
$2,500.00
--
Hard Copies Technical Appendices (b/w)
5
--
$250.00
$1,250.00
-
CDs with Label - Final Addendum
50
--
$5.00
$250.00
-
NOD
-
N/A
N/A
N/C
N/C
V=
Fish & Game Fees and County Clerk Fee (if
required)
$2,151.50
Postage/DeliveryPostage/Delivery
$150.00
$150.00
TOTAL ESTIMATED REIMBURABLE COSTS:
$4,939.00
$9,840.50
Notes:
1. Fees are billed at cost. No mark-up is assessed to public agency clients.
Page 15
T&B Planning, Inc.
North Newport Center Planned Community Amendment CEQA Proposal
EXHIBIT C: COST ESTIMATE
COST ESTIMATE
The following provides an estimate of costs that are anticipated to be incurred in association with the
project, based on the Scope of Work described herein and an assumption that the "project' as defined by
CEQA is described as a 94 -unit reallocation in anticipation of a reasonably foreseeable 524 -unit
construction project with no specific configuration proposed (refer to Sub -Task 1.1 for an explanation).
The timing of Subtasks 1.1 - 1.3 and Task 4 run concurrent. We will deliver the Draft Initial Study to the City
of Newport Beach approximately six (6) weeks after initiation of our work and receipt of the traffic study.
Task
EIR
Addendum
MND
Technical
Studies
Schedule
TASK 1
PREPARE DRAFT INITIAL STUDY
7 WEEKS
1.1
Research, Data Acquisition and Review
$1,200
$1,2001
1 week
1.2
Prepare Project Description
$1,990
$1,990
1 week
1.3
Prepare Initial Study
$7,980
$7,980
4 weeks
1.4
Determine CEQA Document Type & Revise IS
$880
$880
1 week
TASK 2
PREPARE MITIGATED NEGATIVE DECLARATION
8 WEEKS
2.1
Prepare MND and MMRP
$2,800
1 week
2.2
Prepare Public Review MND
$2,200
1 week
Public Review
30 days
2.3
Consider Public Comments on MND
$880
1 week
2.4
Prepare Final MND and NOD
$1,800
1 week
TASK 3
PREPARE EIR ADDENDUM
2 WEEKS
3.1
Prepare EIR Addendum
.$2,100
1 week
3.2
Prepare Final EIR Addendum and NOD
$1,6001
1 week
TASK
TECHNICAL STUDIES
4WEEKS
4.1
Air Quality Study
$2,000
4weeks
4.2
Greenhouse Gas Emissions Study
$2,000
4 weeks
4.3
Noise Study
$3,600
4weeks
4.4
Water Supply Assessment
$2,800
3 weeks
TASK 5
MEETINGS, HEARINGS, PROJECT MANAGEMENT
AS NEEDED
5.1
Meetings, Correspondence, Coordination$4,000
$6,500
As needed
5.2
Public Hearings
$1,800
51,800
As needed
SUBTOTAL LABOR FEES
1 $11,350
$27,8301
$10,400
TASK 6
REIMBURSABLE EXPENSE ESTIMATE
6.1
Estimated Expenses 7F777$4,9391
a s0 0
9 01 0 0
0 C
0 0 0
$9,840
E3,7 8 7 0
1
1
Notes:
1. Budget amounts shown are FIXED FEE, except for TASKS 5 and 6 that will be billed as TIME AND MATERIALS. Time and
Materials tasks will be billed based on the amount of time spent working on the task, to the maximum indicated, in
accordance with our Hourly Rates and Billing Policy. When and if the allocated budget for this task becomes fully
drawn down; T&B Planning will cease all work on the task unless additional funding is authorized by the Client.
2. Schedule indicates Consultant time only and does not account for time needed by the City of Newport Beach and/or
the project proponent to conduct its reviews.
Page 16
T&B Planning, Inc.
North Newport Center Planned Community Amendment CEQA Proposal
EXHIBIT C: COST ESTIMATE
HOURLY RATES AND BILLING POLICY
llpq
If at any time during the completion of this project, we are requested to perform services beyond the Scope
of Work or if T&B Planning Inc. is authorized to provide services on a Time and Materials basis, we will
invoice for such work in accordance with the hourly rates provided below:
oPrincipal.............................................................................................
$175.00/Hour
o Senior Associate................................................................................
$125.00/Hour
o Senior Project Manager/Senior Planner/Senior Designer ................
$110.00/Hour
o Project Designer..................................................................................$
95.00/Hour
o Project/Graphics Manager..................................................................$
85.00/Hour
o Project Planner....................................................................................$
70.00/Hour
o Environmental Analyst........................................................................$
70.00/Hour
o Staff Planner........................................................................................$
55.00/Hour
o Graphic Artist.......................................................................................$
55.00/Hour
o Assistant Planner.................................................................................$
40.00/Hour
T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting;
duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, and delivery services). These
expenses will be billed at cost. Expert testimony and litigation support services will be billed at double the
above rates.
Our company's policy is to commence work upon receipt of a signed contract and any requested security
deposit. We bill on a monthly basis in proportion to the time spent on the project to date. Unless pre -arranged,
all billing statements are due and payable within thirty (30) days of the submittal date. T&B Planning's
procedure for prioritizing work is strongly influenced by timely payment of invoices by Client.
Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve
processing and discretionary approvals by politically influenced agencies and elected officials for which we can
provide no guarantee of success. The compensation for T&B Planning, its sub -consultants and vendors is not
dependant on agency concurrence or approvals. T&B Planning reserves the right to shift funds among individual
task budgets according to specific needs.
Client agrees to limit T&B Planning's professional liability to the Client and to all construction Contractors and
Subcontractors on the project, because of T&B Planning's negligent acts, errors, or omissions, such that the total
aggregate liability of T&B Planning's liability shall not exceed $50,000 or our total fee for services rendered on
this project, whichever is greater.
All work products, generated for this project and retained by T&B Planning in its files shall be stored for a period
of five years after completion of this project and then discarded, unless T&B Planning is advised in writing by
Client to retain or transfer such files.
Work product created primarily or entirely by T&B Planning shall remain the property of T&B Planning until
payment of all outstanding invoices up to and including the conclusion of the services it provides to Client.
Page 17
T&B Planning, Inc.
North Newport Center Planned Community Amendment CEQA Proposal
ATTACHMENT 1: PROJECT MANAGERS' RESUMES
ATTACHMENT 1: PROJECT MANAGERS' RESUMES
'' I TRACY ZINN, AICP
`r 11
PRINCIPAL
P L A N N I N G
Phone: (714) 397-4224 E -Mail: tzinn tbplanning.com
Tracy Zinn, AICP, joined T&B Planning in 1993 and became a Principal in 2006. She is responsible for providing quality
control for a majority of the company's environmental documents, as well as preparing and managing specific plans,
design guidelines, zoning ordinances, and other planning documents.
Summary of Experience
Proiect Management & Public Meeting Facilitation: Tracy takes a strong leadership role in project team meetings,
represents clients at public hearings and workshops, manages coordination efforts among public agencies, and directs
a staff of analysts, planners, and technical support personnel. Tracy is often looked to by T&B Planning's staff and
clients, as well as government officials, to provide overall project management and bring focus to the task at hand.
Tracy also is highly experienced with leading large project teams and facilitating public meetings. She is respected for
keeping projects within budget and on schedule.
Environmental Compliance Documents: Tracy prepares, edits, and directs the preparation of California Environmental
Quality Act (CEQA) documents and supporting technical studies. Over her career, Tracy has prepared over 100 CEQA
documents and has directed the preparation of several hundred technical studies for a wide range of project types,
including residential, commercial, and industrial land uses, for both public and private clients. She is respected for
preparing environmental documents that are easily understood, accurate, and legally defensible.
Master Planning/Historic Preservation Plannino/Permittino: Tracy's working knowledge of local and regional planning
issues, design standards, zoning laws, and public policies are invaluable. She has processed hundreds of land use
permits and prepared dozens of Specific Plans and zoning ordinances in Southern California, in addition to design
guidelines and development standards for a variety of project types. She has also prepared several historic
preservation action plans, and roadway corridor plans. Due to her experience in both planning and environmental
projects, Tracy can critique a project's feasibility comprehensively, saving her clients' time and money.
Design Guides: Tracy is skilled in assisting communities with managing their eco -tourism and geo-tourism assets. She
has directed the preparation of several regional and local Design Guides in established communities as well as Design
Guides for Specific Plans and Master Plans for new construction in Southern California. In 2008, she was recognized
by the Pennsylvania Chapter of the American Planning Association for her authorship of The Pennsylvania Wilds
Design Guide for Community Character Stewardship. The Urban Land Institute endorsed the Design Guide as "one of
the best and most comprehensive regional design guides" and the Pennsylvania Department of Conservation and
Natural Resources (DCNR) has identified the Design Guide as a model for other regional initiatives.
Certifications
American Institute of Certified Planners (AICP)
Affiliations
• American Planning Association
• Green Building Alliance
• Indiana University of Pennsylvania Planning Department Accreditation Committee
• Municipality of Murrysville Zoning Hearing Board
• California Association of Environmental Professionals
Education
Bachelor of Science — Urban and Regional Planning, Indiana University of Pennsylvania
JERAMEY HARDING, AICP
lr I SENIOR PROJECT MANAGER
P to NN I NG
Phone: (760) 452-2300 E -Mail: ihardingOtbplanning.com
Jeramey joined T&B Planning in 2002 and provides supervision, oversight, and management of the firm's environmental
services in Southern California. He is primarily focused on ensuring project compliance with the California
Environmental Quality Act (CEQA). Serving as a Senior Project Manager, Jeramey is responsible for managing the
production and review of technical studies and leading project teams in the preparation of all forms of CEQA
documentation. Jeramey is a results -oriented manager with a record of successful team coordination and leadership.
His problem -solving skills and technical accuracy often exceed the expectations of clients, agencies, and project
applicants.
Summary of Experience
Proiect Management: Jeramey effectively and efficiently manages project teams during the preparation of CEQA
documents. He represents clients at public hearings and workshops and manages coordination efforts among public
agencies. Jeramey is also experienced with reviewing technical reports for adequacy pursuant to local and state
requirements and directs teams of technical experts to ensure projects are completed on-time and on -budget.
Environmental Compliance Documents: Jeramey prepares and edits CEQA documents, including Initial
Studies/Environmental Assessments (IS/ES), EIRs, Mitigated Negative Declarations (MNDs), Mitigation Monitoring and
Reporting Programs (MMRPs), CEQA legal notices, and other environmental documents for residential, commercial,
industrial, mixed-use, and public facility projects for both public and private clients. Recent CEQA documents managed
by Jeramey include the San Lorenzo Sewer Lift Station EIR in the City of Santa Ana, the Batiquitos Bluffs Residential
Project EIR in the City of Encinitas, and the EI Sobrante Landfill Expansion Supplemental EIR in the Temescal area of
Riverside County. The knowledge and talent that Jeramey brings to each project results in an effective and efficient
process and an environmental compliance document that is accurate and defensible.
Visual Quality and Lighting Analysis: Jeramey has prepared several visual quality analyses for projects throughout
Southern California. These analyses are often utilized in CEQA documents, such as EIRs, to analyze a proposed
project's potential impacts to aesthetics, dark skies, and community character. This analysis addresses topics such as
visual quality from surrounding public roadways and lighting issues.
Planning/Entitlement Documentation: In addition to environmental compliance documentation, Jeramey prepares
planning reports and processes entitlement permits for new construction. Most often, this work is performed in
combination with CEQA compliance documents for the same project. He has prepared Change of Zone, Specific Plan,
and General Plan Amendment applications; Specific Plans; Zoning Ordinances; and public notices.
Certifications
American Institute of Certified Planners (At CP)
Affiliations
• California Association of Environmental Professionals (AEP)
• American Planning Association (APA)
• Building Industry Association (BIA)
Education
Masters in Urban Regional Planning - Eastern Washington University, 2001
Bachelor of Science in Natural Resources Planning - Natural Resources Planning/Humboldt State University, 1999
T & B PLANNING Page 14
North Newport Center Planned Community Amendment CEQA Proposal
EXHIBIT C: COST ESTIMATE
HOURLY RATES AND BILLING POLICY
II pq
If at any time during the completion of this project, we are requested to perform services beyond the Scope
of Work or if T&B Planning Inc. is authorized to provide services on a Time and Materials basis, we will
invoice for such work in accordance with the hourly rates provided below:
o Principal.............................................................................................
$175.00/Hour
o Senior Associate................................................................................
$125.00/Hour
o Senior Project Manager/Senior Planner/Senior Designer ................
$110.00/Hour
o Project Designer..................................................................................$
95.00/Hour
o Project/Graphics Manager..................................................................$
85.00/Hour
o Project Planner....................................................................................$
70.00/Hour
o Environmental Analyst........................................................................$
70.00/Hour
o Staff Planner........................................................................................$
55.00/Hour
oGraphic Artist.......................................................................................$55.00/Hour
o Assistant Planner.................................................................................$
40.00/Hour
T&B Planning's hourly rates do not include out-of-pocket expenses (including, but not limited to, blueprinting,
duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, and delivery services). These
expenses will be billed at cost. Expert testimony and litigation support services will be billed at double the
above rates.
Our company's policy is to commence work upon receipt of a signed contract and any requested security
deposit. We bill on a monthly basis in proportion to the time spent on the project to date. Unless pre -arranged,
all billing statements are due and payable within thirty (30) days of the submittal date. T&B Planning's
procedure for prioritizing work is strongly influenced by timely payment of invoices by Client.
Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve
processing and discretionary approvals by politically influenced agencies and elected officials for which we can
provide no guarantee of success. The compensation for T&B Planning, its sub -consultants and vendors is not
dependant on agency concurrence or approvals. T&B Planning reserves the right to shift funds among individual
task budgets according to specific needs.
Client agrees to limit T&B Planning's professional liability to the Client and to all construction Contractors and
Subcontractors on the project, because of T&B Planning's negligent acts, errors, or omissions, such that the total
aggregate liability of T&B Planning's liability shall not exceed $50,000 or our total fee for services rendered on
this project, whichever is greater.
All work products, generated for this project and retained by T&B Planning in its files shall be stored for a period
of five years after completion of this project and then discarded, unless T&B Planning is advised in writing by
Client to retain or transfer such files.
Work product created primarily or entirely by T&B Planning shall remain the property of T&B Planning until
payment of all outstanding invoices up to and including the conclusion of the services it provides to Client.
Page 17
T&B Planning, Inc.