HomeMy WebLinkAboutC-5458 - PSA for CEQA Services for Via Lido Residential DevelopmentAMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH T &B PLANNING FOR
CEQA SERVICES FOR VIA LIDO RESIDENTIAL DEVELOPMENT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
( "Agreement ") is made and entered into as of this 16th day of May, 2013 ( "Effective
Date "), by and between the CITY OF NEWPORT BEACH, a California municipal
ti corporation and charter city ( "City"), and T &B PLANNING, a California corporation
( "Consultant "), whose address is 17542 East 17th Street, Suite 100, Tustin, CA 92780,
and is made with reference to the following:
RECITALS
A. On April 29, 2013, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for environmental consulting services in accordance
with the California Environmental Quality Act ("CEQA ") ( "Project ").
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Agreement and to increase the total compensation.
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
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services dated May 3, 2013 and revised May 9, 2013, attached hereto and incorporated
herein by reference ( "Services" or "WorkW'). The City may elect to delete certain
Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Revised Project
Budget 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 Fourty Two Thousand
Six Hundred Seventeen Dollars and 251104 ($42,617.25) 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."
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.
S Planning '.g- Ail
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY AT RJJ Y'S OFFICE
Date:
By:
Aaron C. Harp 13
City Attorney S���C
ATTEST: b,�5, o
Date:
By:
Leilani I. Brown
City Clerk
,Tim
Attachments
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: -4q �3
B y: / u I -
Kimberly Brandt, AICP
Community Development Director
CONSULTANT: T&B Planning, a
California corporation
Date: S � 2.112-0 13
By:
Tracy Zinn, AI
Vice Preside�nrt
Date:
J o ek6oA e
Pr si nt/CFO
[END OF SIGNATURES]
Exhibit A - Scope of Services dated May 3, 2013 and revised
May 9, 2013
Exhibit B - Revised Project Budget
T&B Planning Page A-2
EXHIBIT A
SCOPE OF SERVICES DATED MAY 3, 2013 AND REVISED MAY 9, 2013
f
T&B Planning P..-
L} Tustin, CA I San Diego, CA i Murrysville, PA
P L A N N t N G 17542 East 17th Street, Suite 100 Tustin, CA 92780 p714.505.6360 (714505.6361
CONTRACT AMENDMENT REQUEST NO. 01
CLIENT NAME: CITY OF NEWPORT BEACH
T &B JOB NUMBER: 923 -002
PROJECT NAME: CEQA INITIAL STUDY /MND FOR VIA LIDO
DATE: May 3, 2013 (Revised May 9, 2013)
PROJEcr DESCRIPTION: Expedited Preparation of Initial Study /MND ($5,935.00 Fee Increase /24 Working
Day Minimum Schedule Reduction)
DETAfLS /COMMENTS:
PHASES 1 and 3:
Pursuant to a request by the Applicant, T &B Planning shall expedite preparation of the Project Description to
occur over a three (3) working day period instead of one (1) week period, expedite preparation of the Initial
Study to occur over a two (2) week period instead of a four (4) week period, and expedite preparation of the
Air Quality Analysis to occur over a two (2) week period instead of a three (3) week period, as indicated in
the Lido Villas Project Schedule (Attachment 1). Under Tasks 1.2 and 1.3, a billing rate of $175 /hour instead
of $110 /hour will be applied to the Senior Project Manager staff position and a billing rate of $110 /hour
instead of $85 /hour will be applied to the Graphics Manager position, for a total cost increase of $3,520.00.
Original Contract —Task 1.2 (1 WEEK) — Prepare Project Description
Staff Position
Hourly Rate
Hours
Total
Principal
$175
4.0
$700.00
Senior Project Manager
$110
8.0
$880.00
Graphics Manager
$85
4.0
$340.00
TOTAL
$1,920.00
REVISED Contract — Task 1.2 (3 DAYS) — Prepare Project Description
Staff Position
Hourly Rate
Hours
Total
Principal
$175
4.0
$700.00
Senior Project Manager
$175
8.0
$1,400.00
Graphics Manager
$110
4.0
$440.00
TOTAL
$2,540.00
Original Contract —Task 1.3 (4 WEEKS) — Prepare Initial Study
Staff Position
Hourly Rate
Hours
Total
Principal
$175
8.0
$1,400.00
Senior Project Manager
$110
40.0
$4,400.00
Graphics Manager
$85
12.0
$1,020.00
TOTAL
$6,820.00
Contract Amendment Request Ol
CEQA Consulting Services
P t A N N I G May 3, 2013 (Revised May 9, 2013)
REVISED Contract —Task 1.3 (2 WEEKS)— Prepare Initial Study
Staff Position
Hourly Rate
Hours
Total
Principal
$175
8.0
$1,400.00
Senior Project Manager
$175
40.0
$7,000.00
Graphics Manager
$110
12.0
$1,320.00
TOTAL
$55
8.0
$9,720.00
PHASE 2:
Pursuant to a request by the Applicant, T &B Planning shall expedite preparation of the MND and MMRP to
occur over a four (4) working day period instead of two (2) week period, expedite preparation of the Public
Review MND to occur over a three (3) working day period instead of a one (1) week period, and expedite
review of public comment to occur over a two (2) working day period instead of a one (1) week period, as
indicated in the Lido Villas Project Schedule (Attachment 1). Under Tasks 2.1, 2.2, and 2.4, a billing rate of
$175 /hour instead of $110 /hour will be applied to the Senior Project Manager staff position and a billing
rate of $110 /hour instead of $85 /hour will be applied to the Graphics Manager position, for a total cost
increase of $2,415.00.
Original Contract —Task 2.1(2 WEEKS) — Prepare MND and MMRP
Staff Position
Hourly Rate
Hours
Total
Principal
$175
6.0
$1,050.00
Senior Project Manager
$110
18.0
$1,980.00
Graphics Manager
$85
6.0
$510.00
TOTAL
$55
8.0
$3,540.00
REVISED Contract —Task 2.1(4 DAYS) — Prepare MND and MMRP
Staff Position
Hourly Rate
Hours
Total
Principal
$175
6.0
$1,050.00
Senior Project Manager
$175
18.0
$3,150.00
Graphics Manager
$110
6.0
$660.00
TOTAL
$55
8.0
.$4,860.00
Original Contract — Task 2.2 11 WEEK) — Prepare Public Review MND
Staff Position
Hourly Rate
Hours
Total
Principal
$175
1.0
$175.00
Senior Project Manager
$110
10.0
$1,100.00
Graphics Manager
$85
10.0
$850.00
Graphics Specialist
$55
8.0
$440.00
TOTAL
$2,565.00
REVISED Contract — Task 2.2 (3 DAYS) — Prepare Public Review MND
Staff Position
Hourly Rate
Hours
Total
Principal
$175
1.0
$175.00
Senior Project Manager
$175
10.0
$1,750.00
Graphics Manager
$110
10.0
$1,100.00
Graphics Specialist
$55
8.0
$440.00
Contract Amendment Request 01
CEQA Consulting Services
P t n r N i May 3, 2013 (Revised May 9, 20
TOTAL $3,465.00 ^,
Original Contract — Task 2.4 11 WEEK) — Preoare Final MND and NOD
Staff Position
I Hourly Rate
Hours
Total
Principal
.$175
3.0
$525.00
Senior Project Manager
$110
3.0
$330.00
TOTAL
1
6.0
$855.00
REVISED Contract —Task 2.4(2 DAYS) — Pre oare Final MND and NOD
Staff Position
Hourly Rate
Hours
Total
Principal
$175
3.0
$525.00
Senior Project Manager
$175
3.0
$525.00
TOTAL
$55
6.0
$1,050.00
T &B Planning shall provide expedited services described herein for an additional fee of $5,335,00, in
conformance with all other provisions stated in the executed contract for CEQA services between T &B
Planning and the CITY OF NEWPORT BEACH. Additionally, T &B Planning will expedite all other tasks whenever
possible.
THE CITY of NEWPORT BEACH hereby authorizes T &B Planning to proceed with the work herein described
and T &B Planning agrees it shall provide such services according to the expedited schedule. If the job is
canceled prior to completion, CITYOF NEWPORT BEACH agrees to pay for that portion of work performed prior to
cancellation.
IN WITNESS WHEREOF, the parties to this Agreement hove executed this agreement effective as of
the date and the year first above written.
T &B PLANNING, INC.
a California Corporation
By:
CITY OF NEWPORT BEACH
0
Tracy Zin
Its: Its:
Vice President
Dated:
May 9, 2013
Dated:
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EXHIBIT B
REVISED PROJECT BUDGET
T &B Planning Page B -1
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Via Lido Residential Development CEQA Proposal
REVISED PROJECT BUDGET
EXPEDITED HOURLY RATES AND BILLING POLICY
Exhibit "B"
If at any time during the completion of this project, we are requested to perform services according to an
expedited schedule or if T &B Planning Inc. is authorized to provide expedited services on a Time and Materials
basis, we will invoice for such expedited work in accordance with the hourly rates provided below:
• Principal... ............. ...... ............ ___ .................. _ ........ ____ ...... ... __ .... $175.00 /Hour
• Senior Project Manager /Senior Planner /Senior Designer ...................... $175.00 /Hour
• Project /Graphics /GIS Manager.. ..... ............................................. ...... $ 110.00 /Hour
• Project Planner /Environmental Analyst .................... ..............................$ 110.00 /Hour
• GIS /Graphics Analyst ................................................... ..............................$ 65.00 /Hour
• Staff Planner ................................................................ ..............................$ 55.00 /Hour
• Graphic Artist .............................................................. ..............................$ 55.00 /Hour
• Assistant Planner..,.. ..... ............................ .......... __ ...... ....... $ 40.001Hour
T &B Planning's hourly rates do not include out -of- pocket expenses (including, but not limited to, blueprinting,
duplicating/copying, reproduction, GIS data acquisition fees, aerial photography, site photos and delivery
services). These expenses will be billed at cost. There is no mark -up for our public agency clients. Expert
testimony and litigation support services will be billed at double the above rates.
Unless pre- arranged, all billing statements are due and payable within thirty (30) days of the submittal date. Our
normal finance charge of 1 -1/2% per month will be charged on all invoices not paid within thirty (30) days of
submittal. T &B Planning's procedure for prioritizing work is strongly influenced by timely payment of invoices by
the Client.
Outside professional services performed by other individuals /firms that are sub - contracted through T &B Planning
will be performed only following authorization by you. Billing for any services that are sub - contracted will be
billed at our actual cost plus 2% for administrative handling.
The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve
processing and discretionary approvals by politically influenced agencies and elected officials for which we can
provide no guarantee of success. The compensation for T &B Planning, its sub - consultants and vendors is not
dependent on agency concurrence or approvals.
All work products, including but not limited to correspondence, reports and maps, generated for this project and
retained by T &B Planning in its files shall be stored for a period of five years after completion of this project and
then discarded, unless T &B Planning is advised in writing by the Client to retain or transfer such files.
Page 6
T &B Planning, Inc.
PROFESSIONAL SERVICES AGREEMENT
WITH T &B PLANNING, INC. FOR
CEQA SERVICES FOR VIA LIDO RESIDENTIAL DEVELOPMENT
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and
entered into as of this 29th day of April, 2013 ( "Effective Date "), by and between the
r CITY OF NEWPORT BEACH, a California municipal corporation and charter city
�1 d ( "City "), and T &B PLANNING, INC., a California corporation ( "Consultant'), whose
address is 17542 East 17th Street, Suite 100, Tustin, California 92780, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to perform environmental consulting services
in accordance with the California Environmental Quality Act ( "CEQA") ( "Project ").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
I MORN
The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 30, 2014 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsuitant fees, shall not exceed Thirty Six
Thousand Six Hundred Eighty Two Dollars, and Twenty Five Cents ($36,682.25),
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 andfor the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
43 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
T & B Planning, Inc. Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jeramey Harding, AICP
to be its Project Manager. Consultant shall not remove or reassign the Project Manager
or any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department, City's Assistant Planner or designee shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project Administrator
shall represent City in all matters pertaining to the Services to be rendered pursuant to
this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of Its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
82 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and /or willful acts,
errors and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
14. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
T & B Planning, Inc. Page 5
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint - venture or syndicate or co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint- venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (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.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
T & B Planning, Inc. Page 6
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any united States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
Planning, Inc. Page
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest
24.2 if subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Makena Nova, Assistant Planner
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Tracy Zinn
T & B Planning, Inc.
17542 East 17th Street, Ste. 100
Tustin, CA 92780
T&B Planning, Inc. Page 8
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 810 et seq.).
ll ff M •►
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
T &B Planning, Inc. Page 9
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1 ) and the same instrument.
[SIGNATURES ON NEXT PAGE]
T & B Planning, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATF,I� OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 4 26 • i 3
c
By. A By: A4���
Aaron C. Harp Kimberly Brandt, AICP
City Attorney ��� Community Development Director
ATTEST:
Date:,
By: UVu�I
Leilani I. Brown
City Clerk
CONSULTANT: T&B PLANNING, Inc., a
California corporation
Date:_TZ2o i 3
Tracy Zinn, AIC
Vice President
Date: f��/90/.t
By:
Jo lorse
PrWdent / CFO
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
T & B Planning, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
Planning, .g
Tustin, CA
I San Diego, CA I Murrysville, PA
P t A N N t N G 17542 East 17th Sueeo Suite 100 Tustin, CA 92780 p714.505.6360 t714.505.6361
April 3, 2013 (Revised)
CITY OF NEWPORT BEACH
c/o Makana Nava, Assistant Planner
3300 Newport Boulevard
Building C
Newport Beach, CA 92663
RE: PROPOSALTO PROVIDE CEQA SERVICES FOR THE VIA LIDO RESIDENTIAL DEVELOPMENT
Dear Ms. Nova:
JN:923 -002
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. We look forward to the opportunity
of working with the City again.
Specifically, this proposal addresses the proposed residential development located at 3303 and 3355 Via
Lido. As requested by the Request for Proposal (RFP) dated February 19, 2013, our proposal includes a
scope of work and budget for the preparation of a Mitigated Negative Declaration (MND) in support of
the proposed development.
T &B Planning has been in business since 1974 and has proudly served many public and private sector
clients over our 39 -year history. We have extensive experience managing the CEQA compliance process
and preparing comprehensive and legally defensible CEQA documents. The enclosed proposal consists of
the following sections, which concisely set forth our qualifications and professional methodology for
completing services in a timely and efficient manner.
• Qualifications — SECTION A
• Scope of Work — SECTION B
• Project Budget -- EXHIBIT A
• Hourly Rates and Billing Policy — EXHIBITB
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 by our in -house staff of environmental analysts,
graphics specialists, and technical writers. Urban Crossroads, Inc. will serve as the technical expert for
preparation of a focused air quality analysis technical report that analyzes potential construction- related
air emissions. We routinely sub - consult this work to provide objective analysis and a high level of local
expertise.
www.cbplanningr.com
PLANNING I DESIGN I ENVIRONMENTAL I GRAPHICS
® Via Lido Residential Development
CEQA Services Proposal
L April 3,2013
Page 2 of 25
P L A N N I N G
Thank you for your time and careful consideration. We look forward to working with the City of Newport
Beach and the project applicant. If you should need any additional information, please contact Tracy Zinn
at (714) 397 -4224, or via email at tzinn@tbplanning.com.
Sincerely,
TO Planning, Inc.
Tracy Zinn, AICP
Vice President
r �
Jeramey Harding, A1CP
Senior Project Manager
www'tbplanning.com
PLANNING 1 DESIGN I ENVIRONMENTAL I GRAPHICS
Via Lido Residential Development CEQA Proposal
SECTION B: SCOPE OF WORK
Project Understanding
d
K � e
Based on information provided in the RFP, it is our understanding that the project applicant is seeking to
develop 23 townhouse style multi - family dwelling units on the properties located at 3303 and 3355 Via Lido.
The project would involve the following discretionary applications: General Plan Amendment (GPA), Zoning
Code Amendment (ZCA), Local Coastal Program Amendment (LCPA), Planned Development Permit (PDP), and
Tract Map (TM) (hereafter, "proposed project "). Specifically, the GPA and ZCA would change the site's existing
designations from "Private Institutions (PI)" to "Multi -Unit Residential (RM)." As the project is located within
the City's coastal zone, an amendment to the City's Local Coastal Program also would be required due to the
planned changes in land use. The PDP is required in order to allow for an adjustment of setbacks and height
development standards as necessary to accommodate the residential units on a site that is larger than one acre
in size. The TM is proposed to combine six parcels into a single parcel and provide for a building site for the 23
multi - family units.
Under existing conditions, the site is occupied by a three -story commercial office building and the First Church of
Christ Scientist building. As part of the proposed development, these existing buildings would be demolished in
order to allow for the development of the proposed residential project, Because these existing office uses are
more intensive than the 23 multi - family units proposed by the project, it is our understanding that the project
would result in a net decrease in operational impacts (e.g., traffic, operational air quality emissions, etc.).
Additionally, it is our understanding that the project is not subject to the City's Traffic Phasing Ordinance,
The City of Newport Beach will retain the services of a CECA 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 will be considered by the Newport Beach Planning Commission
and City Council in association with their decision - making processes for the project. Based on the reduction in
operational intensity associated with the project and the assumption that all environmental effects associated
with the project would be less than significant or mitigated to a level below significance, City staff has
determined that a Mitigated Negative Declaration (MND) will be required. Thus, this proposal provides a scope
of work and budget for the preparation of a MND in support of the project.
Page 11
T &B Planning, Inc.
Via Lido Residential Development CEQA Proposal
SECTION B: SCOPE OF WORK
Scope of Work
J0
i I,
Provided below is T &B Planning's recommended work program for preparing an MND in support of the proposed
project. Please note that the Scope of Work described below will likely not be undertaken chronologically as
presented. To expedite the process, there may be considerable overlap on the timing of each task. Additionally,
all meetings and coordination efforts are included under Sub -Task 4.1, although these efforts will occur
throughout the entire scope of work.
Based on our understanding of proposed project's scope and our knowledge of City of Newport Beach CECA
compliance requirements, we anticipate that the project only requires the preparation of a construction -level air
quality impact assessment. In addition, it is our understanding that several additional technical studies have
been or will be prepared by the project applicant and provided to T &B Planning for our use in preparing the
project's MND. Technical studies to be provided by the applicant include a hydrology study, water quality
management plan (WQMP), and geotechnical evaluation. Additionally, if the existing structures on the site
require an investigation for the presence of asbestos containing materials (ACM), this proposal assumes that
such investigation would be conducted by the project applicant. Except for the air quality technical study noted
herein, no other technical reports are budgeted as part of our proposal.
TASK I: PREPARE DRAFT INITIAL STUDY
Sub -Task 1.1 Research Data Acquisition, and Review
During this task, T &B Planning will collect and review applicable information about the proposed project and
environmental conditions of the subject property to gain a basic, working knowledge of the proposed project
site. With permission to access the property, T &B Planning will conduct a cursory field visit and take
photographs to document existing site conditions, surrounding development, and other aspects of the site's
physical and environmental setting that will warrant consideration in the environmental analysis. The photos
will be GPS- referenced and will be used as the baseline for EIR analysis and the aesthetics evaluation as required
by CEQA.
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 CEOA 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 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, in part, from the "Environmental information Response" (dated February 18,
2013) that was provided by the project proponent's representative (Shubin & Donaldson Architects, Inc.). 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 (e.g., California
Coastal Commission);
Page 12
T &B Planning, Inc.
Via Lido Residential Development CEQA Proposal
SECTION B: SCOPE OF WORK
— Description of the proposed discretionary actions;
— Description of the project's characteristics;
— Description of the project's location;
I
— Overview of existing site and surrounding conditions /environmental setting;
— Examination of project consistency with the site's proposed zoning, plans, and any other applicable land use
controls;
— List of references used;
— Environmental evaluation by CEQA subject area (Environmental Checklist);
— Determination as to the required type of CEQA document.
The Environmental Checklist and Responses to Environmental Checklist will be the primary work effort for this
task. The Responses to Environmental Checklist section will contain a thorough analysis and determine the
significance of impacts to the following environmental resources. 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
Because the site is fully developed, 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. Where necessary, mitigation measures will be identified to reduce any potentially significant
impacts to a level below significant. References will be cited and relied upon as appropriate.
Sub -Task 1.4 Determine CEQA Document Type & Revise initial Study
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, which for
purposes of this proposal is assumed to be an MIND. One round of revision to the Initial Study is budgeted to
respond to all reasonable comments made by City staff. If additional revisions are required, they will be
addressed as part of our Sub -Task 2.1 work efforts.
TASK 2: PREPARE MITIGATED NEGATIVE DECLARATION
This proposal assumes that the results of the IS /Environmental Checklist will determine that all project- related
impacts are either less than significant, or would be reduced to a level below significant with the incorporation
of mitigation measures. In the event that the analysis conducted pursuant to Sub -Task 1.3 identifies impacts
that cannot be mitigated to a level below significant, then an environmental impact report (FIR) would be
required. Preparation of an EIR is not accounted for by this Scope of Work, and is not anticipated to be needed.
Page 13
T &B Planning, Inc.
Via Lido Residential Development CEQA Proposal 9
SECTION B: SCOPE OF WORK „ 0
Sub -Task 2.1 Prepare MND and MMRP
As part of this Sub -Task, T &B Planning will prepare an MND document. The Expanded Environmental Checklist
prepared as part of Sub -Task 1.3 will serve as the body of the MND document, and will be supplemented by the
following sections:
Introduction which will explain the purpose of the MND, describe the format and content of the MND,
and provide an overview of CEQA requirements for preparation and processing of MNDs;
Environmental Setting, which will identify the project's location and describe the physical environmental
conditions in the vicinity of the project, including, but not limited to: site access; site conditions; existing
and surrounding land uses; and existing environmental characteristics (e.g., hydrology /drainage, etc.);
and
Project Description, which will provide a description of the Project's proposed GPA, ZCA, LCPA, PDP, and
TM, future discretionary and /or ministerial approvals needed to implement the project, and the
project's construction and operational characteristics. It is anticipated that a majority of the text within
this section will be taken from the Project Description prepared as part of Sub -Task 11.
As part of the MND, T &B Planning will clearly identify all significant impacts and recommend feasible mitigation
measures to reduce those impacts to below a level of significance. T &B Planning also will prepare a Mitigation
Monitoring and Reporting Program (MMRP) in accordance with State law and City of Newport Beach
requirements to ensure implementation of mitigation measures, standard conditions, and project design
features required as part of specific project approvals. The MND and accompanying MMRP will be provided to
the City for review. One round of revision to the MND and MMRP is budgeted to respond to all reasonable
comments made by City staff. We anticipate that one review cycle will be sufficient; however, if the City
requests a second review, T &B Planning would arrange a meeting with the appropriate City staff to discuss the
City's comments and recommend appropriate ways to address any concerns.
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 applicant'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. For purposes of budgeting, it is assumed that
all supporting technical studies will be provided in electronic format on CDs, and that there would be no more
than 75 recipients of the draft MND document (in both hard copy and CD formats).
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 prior to changes
being made to the document. For purposes of this proposal, our budget assumes that only minor MND changes
would be necessary to prepare the Final MND for consideration by City decision- makers. Formal written
responses to comments are not required by CEQAfor a MND, and therefore are not proposed or budgeted.
Page 14
T &B Planning, Inc.
Via Lido Residential Development CEQA Proposal
SECTION B: SCOPE OF WORK
Sub -Task 2.4 Prepare Final MIND and Notice of Determination (NOD)
T &B Planning will prepare a Final MIND 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 California Department of Fish and
Wildlife (CDFW) filing fee, if required. Because the project will very likely have no effect on fish and wildlife,
CDFW 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 CEQA.
TASK 3: PREPARE TECHNICAL STUDIES
Based on our discussions with the City, it is our understanding that the project only will require the preparation
of a construction -level air quality impact assessment. This proposal assumes that the applicant will provide a
hydrology study, WQMP, geotechnical evaluation, and, if required, the results of the ACM investigation.
Additional technical studies that may be required in support of the project are not budgeted at this time.
As indicated in Section A "Qualifications," T &B Planning routinely works with consulting technical experts to
ensure objectivity. Urban Crossroads, Inc. will prepare the construction -level air quality analysis. Their analysis
and report will be quality - controlled by T &B Planning as part of Sub -Task 4.1.
Sub -Task 3.1 Focused Construction Air Quality Analysis
As part of this Sub -Task, Urban Crossroads, Inc. (Urban Crossroads) will prepare a focused construction air
quality analysis to determine whether mitigation measures are required to address air quality emissions that
may be generated during construction of the proposed project. Specifically, Urban Crossroads will:
1. With the City's permission, coordinate with the project applicant to determine the number, type, and daily
operating characteristics of construction - related equipment (diesel and gasoline) anticipated during
construction activity.
2. Quantify the regional (daily) VOCs, NOx, CO, SOx, PM,o, and PMas emissions associated with construction
activity (including demolition of existing structures and construction of the project). Greenhouse Gas
Emissions from construction activity can be quantified and provided if necessary as part of this task.
3. Address Localized Emissions to determine localized CO, NOZ, PMio, and PM2.5 impacts during construction
activity in accordance with the South Coast Air Quality Management District's (SCAQMD's) Localized
Significance Threshold (LST) Methodology.
4. Prepare a letter report that incorporates the findings and all supporting calculations. If necessary, Urban
Crossroads also will identify a list of mitigation measures to reduce any construction - related air quality
impacts to a level below significant.
Page 15
T &B Planning, Inc.
Via Lido Residential. Development CEC.A Proposal
SECTION B: SCOPE OF WORK
TASK 4: MEETINGS, HEARINGS, AND PROJECT MANAGEMENT
Sub -Task 4.1 Meetings, Correspondence, and Coordination
All time spent by T &B Planning in attending meetings, preparing/updating project schedules, or in
coordinating /communicating via phone, e -mail, letter and/or web -based conferencing with City staff, public
agencies, the project proponent, and technical consultants (as needed) will be billed on a Time and Materials
basis against the budget for this task. As part of this Sub -Task, T &B Planning also will provide quality control
services for the project's construction air quality analysis. In addition, T &B Planning will prepare and submit the
appropriate application form with the CDFW to request a waiver of their filing fee under the "No Effect
Determination" provision. The amount of effort required for this task is highly dependent 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 $6,700. 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 4.2.
Sub -Task 4.2 Public Hearings
A T &B Planning Principal or Senior 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 4.1. A PowerPoint presentation is not budgeted as part of this proposal.
Page 16
T &B Planning, Inc.
EXHIBIT B
SCHEDULE OF BILLING RATES
T & B Planning, Inc. Page B -1
Via Lido Residential Development CEQA Proposal
SECTION B: SCOPE OF WORK
TASK 5: REIMBURSABLE COSTS
Sub -Task 5.1 Reimbursable Costs
The following provides an estimate of the direct costs that are anticipated to be incurred in association with the
project, based on the Scope of Work described herein and the expected number of document pages and copies
that will be required. Reimbursable fees will be billed at -cost.
SubBask
Deliverable item
Quantity
Unit Cost
Total Cost
1.2
Project Description (Electronic Only)
N/A
N/A
N/C
1.3
Hard Copies 1st Screencheck 15 (b /w)
10
$35.00
$350.00
CDs containing 15
3
$3.25
$4.75
2,1
_
Hard Copies MND /MMRP (b /w
10
$40.00
$400.00
CDs containin MND
3
$5.00
$15.00
2.2 & 3.1
Hard Copies MND /MMRP (public review) (color)
1S
$70.00
$1,050.00
Hard Copies Construction Air Quality Assessment (b /w)
5
1 $15.00
$75.04
CDs with Label - Public Review MND
85
$5.00
$425.00
Postage /Delivery —Hard Copy MNDs
15
$6.00
$90.00
Postage /Delive — CDs Only
85
$3.25
$276.25
2.4
Hard Copies Final MND /MMRP (color)
15
$70.00
$1,050.00
Hard Copies Final Construction Air Quality Assessment (b /w) i
5
$15.00
$75.00
CDs with Label — Final MND
15
$5.00
$75.00
NOD
N/A
N/A
N/C
Fish & Game Fees and County Clerk Fee (if required)
N/A
N/A
$2,156.25
Total Estimated Reimbursable Expenses:
$6,047.25
1. This proposal assumes that the applicant will provide hard copies of any applicant - prepared technical studies, and that the
applicant will provide T &B Planning with electronic copies of such studies for inclusion on CDs.
Page 17
T &B Planning, Inc.
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Via Lido Residential Development CEQA Proposal !!
EXHIBIT B: HOURLY RATES AND BILLING POLICY s
HOURLY RATES AND BILLING POLICY
If at any time during the completion of this project, we are requested to perform services beyond the Scope of
Work or If T &B Planning, Inc. is authorized to provide services on a Time and Materials basis, we will invoice for
such work in accordance with the hourly rates provided below:
• Principal ................ .. ............................................................................
..... $175.00 /Hour
• Senior Associate ....................................................... ...............................
$125.00 /Hour
• Senior Project Manager /Senior Planner /Senior Designer.....
............... ... $110.00 /Hour
• Project Designer........ ..... __ ... __ .......
........ _ $ 95.00 /Hour
• Project /GIS /Graphics Manager .............. ........................ ......................
..... $ 85.00 /Hour
• Project Planner ........................................................... ...............................
$ 70.00 /Hour
• Environmental Analyst ............................................... ...............................
$ 70.00 /Hour
• Staff Planner ........ ...................................................... ____
........................ $ 55.00 /Hour
• Graphic Artist ......... .......................... ....... ...............................
_.... ...... ....... $55.00 /Hour
• 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, site photos and delivery
services). These expenses will be billed at cost. There is no mark -up for our public agency clients. Expert
testimony and litigation support services will be billed at double the above rates.
Unless pre - arranged, all billing statements are due and payable within thirty (30) days of the submittal date.
Our normal finance charge of 1 -1/2% per month will be charged on all invoices not paid within thirty (30) days of
submittal. T &B Planning's procedure for prioritizing work is strongly influenced by timely payment of invoices by
the Client.
Outside professional services performed by other individuals /firms that are sub - contracted through T &B
Planning will be performed only following authorization by you. Billing for any services that are sub- contracted
will be billed at our actual cost plus 2% for administrative handling.
The Client acknowledges that despite our best efforts, certain aspects of the work to be performed involve
processing and discretionary approvals by politically influenced agencies and elected officials for which we can
provide no guarantee of success. The compensation for T &B Planning, its sub - consultants and vendors is not
dependent on agency concurrence or approvals.
All work products, including but not limited to correspondence, reports and maps, generated for this project and
retained by T &B Planning in its files shall be stored for a period of five years after completion of this project and
then discarded, unless T &B Planning is advised in writing by the Cfientto retain or transfer such files.
Page 20
T &B Planning, Inc.
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
T & B Planning, Inca Page C -1
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Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Insurance Requirements. The policies are to contain, or be endorsed to contain,
the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsuitants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
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additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non- compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self- insured Retentions. Any self - insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
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