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HomeMy WebLinkAbout05 - Sutherland Talla Hospitality EIR on Regent Newport Beach MarinaparkCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 September 9, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 644 -3222, swood @city.newport- beach.ca.us SUBJECT: Professional Services Agreement with Michael Brandman Associates for Preparation of EIR on Regent Newport Beach ( Marinapark) APPLICANT NAME: Sutherland Talla Hospitality RECOMMENDATION: Approve and authorize the Mayor to execute the attached agreement to prepare the EIR for a cost not to exceed $194,540. DISCUSSION: Background: The City and Sutherland Talla Hospitality (STH) entered into an amended agreement for proposed redevelopment of the Marinapark property on March 11, 2003. The City Council also approved the project proposed by STH as the "project" for purposes of compliance with the California Environmental Quality Act (CEQA). The agreement with STH provides that the proposed project will be submitted to the voters of Newport Beach after the City Council certifies an environmental impact report (EIR) for the project. City Council Policy K -3 establishes procedures for implementing CEQA, including the use of consultant assistance in preparing EIRs. The Planning Director may use an established list of qualified consultants or request proposals from more than one consultant. Analysis: In this case, staff requested proposals from two consulting firms that we believe are qualified to prepare the EIR for this project. Staff selected Michael Brandman a y Agreement with MBA for EIR on Regent Newport Beach September 9, 2003 Page 2 Associates (MBA) because their proposal shows the better understanding of areas of potential impact and the relative importance of each area. MBA's proposal also recognizes the high level of public interest in this project by including a reasonable budget for responses to comments on the Draft EIR. The attached agreement, including scope of services and budget, has been reviewed by the City Attorney's Office, Planning staff and STH. Compensation for the EIR is not to exceed $194,540, and the Draft EIR should be available for public review 20 weeks after work begins. Consistent with the City's development review fees and the amended agreement with STH, the applicant will be responsible for the cost of preparing the EIR. Submitted by: Sharon Wood Assistant City Manager Attachment: Professional Services Agreement i PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of September, 2003, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and Michael Brandman Associates, whose address is 220 Commerce, Suite 200, Irvine, California, 92602 (hereinafter referred to as "Consultant "), 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 prepare an Environmental Impact Report pursuant to the California Environmental Quality Act (Project) upon the terms and conditions contained in this Agreement. C. The principal member of Consultant is, for purposes of this Project, Jason Brandman. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided 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 _ day of September, 2003, and shall terminate on the 315 day of July, 2004, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of work, attached hereto as Exhibit "A•• and incorporated herein by reference. All work and documents shall be prepared in accordance with and shall contain all items required by the California Environmental Quality Act (CEQA), CEQA Implementing Guidelines and City of Newport Beach ordinances and policies. Consultant shall furnish all environmental 1 documents and forms to City in electronic format, Microsoft Word 2000, or other format acceptable to City. 2.1 If Consultant is requested by City to revise or supplement the draft or final Environmental Impact Report, with additional data, information or analysis as a result of the Environmental Impact Report's failure to comply with requirements of CEQA, Consultant shall provide such revision or supplement at no additional cost to City provided that such revisions are within the scope of work required in Exhibit "A ". 2.2 If changes to existing laws, rules, regulations or policies of any state, federal or local governmental authority having jurisdiction over the project occur during the term of this Agreement that require modification of the draft or final Environmental Impact Report, Consultant will perform such additional services on a time - and - materials basis. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the schedule of compensation, attached hereto as Exhibit "B" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of one hundred ninety -four thousand five hundred forty dollars ($194,540). 3.1 Consultant shall maintain accounting records of its billings which include the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with scheduled billing rates, attached hereto as Exhibit "C" and incorporated herein by reference. 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such costs shall be limited to and shall include nothing more than the following costs incurred by Consultant: A. Approved document printing, reprographics, and reproduction charges. B. Postage, delivery, and mileage charges. E C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 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 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. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 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 details in means of performing the work provided that Consultant is compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only with respect to the results of the services. 3 3 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to 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 Project term. Consultant has designated Jason Brandman to be its Project Manager. Consultant shall not bill any personnel to the Project other than those personnel identified in Exhibit "C ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. Consultant shall perform services in timely manner as necessary for the City of Newport Beach to comply with the milestones set forth in an Agreement between the City of Newport Beach and Sutherland Talla Hospitality LLP executed on December 11, 2000, amended on March 12, 2002, and last amended on March 11, 2003, and the submittal and processing requirements of the Permit Streamlining Act. The failure by Consultant to provide services in such timely manner may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are 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. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 0 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11. PROGRESS Consultant is responsible to keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. 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. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City 5 .� prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. 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, and with the exception of worker's compensation insurance policy, shall have an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of One Million Dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance that covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000), if available. Said policy or policies shall be endorsed to state that coverage shall not be canceled or materially altered by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of N subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and µ outstanding capital stock of Consultant, or of the interest of any general partner or joint venture or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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. r. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide access to, and upon request of Consultant, one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of information provided by City without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the City Manager's Office. Sharon Z. Wood, Assistant City Manager, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during normal 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. r 21. 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. K 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 23. CONFLICTS OF INTEREST A. 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 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. B. 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 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. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under 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: Sharon Z. Wood City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3200 Fax 644 -3350 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Pi Jason Brandman 220 Commerce, Suite 200 Irvine, California 92602 (925) 730 -0061 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 28. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 29. 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. 30. PATENT INDEMNITY The Consultant shall indemnify City, its agents, officers, representatives and employees against 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. 31. 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 10 agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation Robin Clauson Homer L. Bludau Assistant City Attorney for the City Manager for the City of Newport Beach City of Newport Beach ATTEST: CONSULTANT By: By: LaVonne Harkless Michael Brandman Associates City Clerk 11 EXHIBIT "A" SCOPE OF WORK Scope of Work General Instructions MBA recognizes the importance of coordination and communication in the EIR process for the Regent Newport Beach Resort project and General Plan Amendment (GPA). The scope of work and fees outlined in this proposal take into account coordination and communication with the following key players in the project: • City of Newport Beach • Project Applicant (e.g., Project Representatives) • MBA Project Team (i.e., traffic, marine resources, air quality, noise, etc.) More importantly, MBA is committed to being a working partner with City staff. MBA is prepared to take responsibility for project initiation and organization, preparation and processing of CEQA notices, data compilation, impact assessment, development of mitigation measures, report compilation and distribution, response to public comments, public meetings and hearing attendance, coordination with City staff, the project representatives, and the MBA Project Team, preparation of the findings of fact, preparation of the statement of overriding considerations (if required), and preparation of a mitigation monitoring plan. Report format and content will be in full compliance with CEQA, the State CEQA Guidelines, and City of Newport Beach environmental guidelines. The EIR organization will include those items identified in discussions with City staff, including a description of the setting, identification of thresholds of significance, impacts, mitigation measures, and level of significance after mitigation. Text will be supplemented with graphics and summary tables, as necessary, to present information in a concise and easily understood format. Work products will consist of professionally photocopied reports in comb bindings, unless other specific approaches are proposed. The proposed scope of work that follows has been organized into major tasks and is in addition to the Professional Services Agreement entered into on August 11, 2003. -• Refinements to the scope of work, budget, and project schedule will be discussed during the initial task, if needed. This scope of work outline identifies the major tasks and project related deliverables associated with the EIR. The cost for preparation of the EIR is allocated among tasks as defined in the sections that follow. 1 Task 1. Project Definition and Organization The purpose of this task is to obtain the information necessary to prepare complete .,project" and "alternatives" descriptions. It includes crafting measurable project objectives. In order to establish early communication among various project team members, consisting of City staff, project representatives, Project Managers for the EIR, and to establish project expectations with respect to policy concerns for the Project, MBA will use the following approach: • Attend initial orientation meeting with City staff, project representatives, and the MBA µ Project Manager to determine which elements will be included in descriptions of the project and altematives to the proposed project. It is agreed that the project is a 110 -room hotel, a Girl Scout facility and community center, a public tot park, public tennis courts, public parking lot, public and private boat slips, public beach, and renovation of the existing American Legion facility. • Receive complete project information, which will be used to develop the EIR project and alternatives descriptions. City will provide project objectives and narrative program description. Subsequent contemplated actions pursuant to the EIR will be defined in the document and will include closure of the mobile home park, establishment of the tidelands boundary, and lease of the property by the City to the Project proponent. • Receive all existing reference and research materials related to the project, the project site, and the vicinity, including base maps and aerial photographs. "' • Review reference material provided by the project team. Expand and refine the list of information needs. Distribute, as appropriate, to EIR Project team members. Task 2. Project Management, General Coordination and Meetings The purpose of this task is to manage the EIR preparation effort and to maintain close communication between City staff, project team members, and the project representatives. This task is also intended to ensure that the project is running on time and within budget and technically correct and legally defensible. This is a key element to the project because of the necessity to maintain clear lines of communication between MBA, the project team, and the City. The following approach will be used: 1. Communicate with the project team members and City staff for compliance with the scope of work, schedule and budget. Coordinate the team's work and provide management liaison between the project team and City for communication issues, transmittal of comments, financial management (e.g., invoices) and other project management matters. 2 2. Attend project coordination meetings with City Staff. The proposed scope of work and budget includes eight (8) project meetings attended by MBA's EIR Project Manager, two (2) of which will be attended by MBA's traffic consultant. Other meetings may be attended on a time - and - materials basis. Task 3. Scoping Process MBA will coordinate with City staff to participate in a scoping meeting for the proposed project. MBA will draft the notice for the City to distribute, including those individuals and agencies that received the IS /NOP. MBA will coordinate with the City to determine the format, strategies, and content of the scoping presentation. The primary focus of MBA's presentation will be to explain the environmental review process and describe the preliminary issues that will be addressed in the environmental document and receive input from attendees. Comments received at the scoping meeting will be summarized in a brief memorandum to the City. The presentation may, at the request of the City, include graphics and handouts that describe environmental issues and processes. _ Task 4. Screencheck EIR The purpose of this task is to prepare a comprehensive and legally defensible EIR for the City. The following approach will be used: 1. Prepare the project description section of the EIR, including regional and local setting, project history, project objectives, and project characteristics. The project description should also identify all discretionary actions required by the City of Newport Beach, Orange County, and state, regional and federal resource agencies with responsibilities over aspects of the project. 2. MBA shall prepare a narrative on the intended uses of the EIR, as required by Section 15124(d) of the State CEQA Guidelines, including, but not limited to a list of responsible and other agencies expected to use the EIR in decision - making. 3. Identify reasonable anticipated actions /related projects likely to occur that may result in cumulative impacts when combined with the proposed project. These potential projects will be identified by the City and will be considered by MBA throughout the cumulative impact evaluation. The study area and reasonably foreseeable projects to be considered will be defined by the City upon receipt of the formal project description information and are not anticipated to change the effort and budget allocated to cumulative impact analysis thereafter. Review and refinement of the list of projects may occur up to the Draft EIR. These potential projects /actions will be reviewed for appropriateness and will be considered throughout the impact evaluation. 4. Document baseline conditions and establish thresholds of significance for all relevant environmental issues (in coordination with the City of Newport Beach) for the 110 -room hotel. Identify Effects Found Not to be Significant, in accordance with 3 Section 15128 of the State CEQA Guidelines, with brief explanations, conduct impact evaluations, and formulate mitigation measures. MBA anticipates that the following environmental issues will result in no significant impacts: • Agricultural Resources • Energy and Mineral Resources • Population and Housing • Cultural Resources ~ • Hazards Though not anticipated to be potentially significant in the Initial Study, population and housing issues may nonetheless be carried forward for discussion in the EIR text, if determined necessary during this phase due to the removal /relocation of existing mobile home residents. Specific topical areas to be addressed on a project - specific and cumulative basis in the EIR are as follows: Geology and Soils- -The potential for impacts from soil or geological conditions onsite or in the project vicinity will be evaluated for the construction of the project. This section will emphasize geotechnical hazards, seismicity of the area, potential for liquefaction and subsidence, and erosion. The analysis will be based on a technical report that is assumed to be prepared by the project applicant, and adequate for CEQA purposes upon its receipt. Appropriate mitigation measures will be recommended, if necessary. This report will be summarized in the EIR and included in its entirety as an appendix to the document. M Biological Resources -- Coastal Resources Management (CRM) will provide marine resources assessment for the proposed project scenarios. The purpose of the marine resources assessment is to evaluate the potential short and long -term effects of the project development on the marine life and marine habitats of Newport Bay from implementation of the proposed project scenarios. Issue areas to be addressed in the assessment include: • Existing marine habitats and biological communities within or nearby the project area; • Sensitive, rare, threatened, or endangered species within or nearby the project area; • Effects of additional pollutants due to increased runoff caused by the project; • Potential changes in biological productivity caused by beach recreational activity and structures, wet weather and dry weather runoff, or decrease in light entering the water due to shadowing (new buildings); • Con struction/operational effects of new structures (docks and gangways) on the T marine environment 4 The following identifies the tasks to be completed as part of the assessment: 1. Conduct a marine biological field survey. CRM will conduct a field survey at the proposed development site. This survey will be conducted to gain an understanding of the existing site conditions, the locations of existing storm drains, and the general types of marine flora and fauna living within the project area. Photographs of the project site will be taken and included in the project report. Underwater video will also be taken. An underwater survey will be conducted to document the presence or absence of eelgrass (Zostera marina), which is an important invertebrate and fish nursery habitat 2. Prepare a draft Marine Resources Assessment. CRM will conduct a review of the available marine biological data for the local area to be used as background and historical information. Based upon the results of the reconnaissance survey at the project site, the available data base of historical information, and project design plans, storm water runoff plans, and other project ' documents, CRM will analyze potential project impacts on the marine biological resources of the project area and the surrounding marine environment. Potential environmental impacts of the project on marine resources (marine plants, invertebrates, fishes, marine mammals, seabirds, federally and state - listed marine - associated species, sensitive habitats) will be evaluated. Where significant impacts have been identified, mitigation measures to reduce the level of impact to less -than- significant will be provided. This marine resources assessment will be summarized in the EIR and provided in its entirety as an appendix to the document. Transportation /Circulation -- Austin Foust Associates (AFA) will prepare a traffic study analyzing the project indicated in Task 1 and necessary to comply with the City's Traffic Phasing Ordinance (TPO) and the Congestion Management Plan (CMP). Traffic count data is available for most of the key intersections and roadways in the study area (the study area is anticipated to include up to 12 intersections and 15 roadway links). The following outlines the tasks associated with preparation of the traffic analysis: 1. Existing Site Conditions A study area will be defined and traffic counts carried out for the study area intersections and roadway links. At this time, it is estimated that the study area will include up to 12 intersections and 15 roadway links. 5 2. 9 0 5. (1 Project Definition and Trip Generation In this task, the proposed project will be defined and trip generation estimates - agreed upon with City Staff. Issues will be addressed such as trip generation (e.g. resort hotel versus a non -resort hotel), current entitlement versus currently built development, and trip generation characteristics of specific uses (e.g., the w community center, a Girl Scout facility, a public tot park, public tennis courts, public parking lot, public and private boat slips, public beach, a renovated American Legion facility, other replacement facilities, and the marina dock space). The results will provide a description of the traffic characteristics of the project. Short-Range Analysis To identify short-range project impacts, the project will be analyzed using the City's TPO procedure. Current entitlements will be considered as part of the background traffic, and impacts of project -added traffic will be determined. Potential mitigation measures will be identified as appropriate. Long -Range Impact Analysis In this task, the long -range version of NBTAM will be used to analyze project impacts and cumulative impacts of adopted plans and other past, present and probable projects reflected in NBTAM. Traffic forecasts will be prepared for the proposed project with both ADT and peak hour intersection data being prepared. Level of service analyses will be carried out and project impacts determined accordingly. A traffic improvement program will then be developed which addresses project impacts and mitigation. Work sessions will be held with City Staff to discuss the results and determine a suitable transportation improvement program for any subsequent General Plan Amendment proposed to accommodate development of the project. Parking Analysis This task will evaluate parking needs in relation to City code requirements and the parking proposed for each alternative. AFA will also investigate uses in the immediate vicinity with which the hotel may share parking. Traffic Study Preparation. AFA will prepare a draft study that details all of the above - mentioned items including our analysis, findings and conclusions. The draft report will be suitably documented with tabular, graphic and appendix material. The draft report will be submitted to the -- client for review and comment, and then revised if necessary. This report will be summarized in the EIR and provided in its entirety in the appendix to the document. 11 Land Use and Planning -- Existing land uses in the vicinity of the project will be identified and validated by a field visit and photo reconnaissance. An existing land use map, and General Plan and Zoning Map will be presented in the EIR. The EIR will evaluate the proposed land uses in relation to the City General Plan (all Elements), the Land Use Plan of the Local Coastal Program, and the proposed GPA and Planned Community Development Plan, regional (e.g. SCAG and SCAQMD) and state (e.g. California Coastal Act) plans and policies for the site (e.g. State Tidelands) and surrounding area. Compatibility with surrounding uses, potential conflicts with the General Plan and zoning regulations, and consistency with relevant plans and policies, and loss /relocation of existing uses will be addressed. Environmental impacts associated with the proposed closure of. the mobile home park will be evaluated based on information provided by the City. Cumulative land use effects will be considered within the context of adopted plans and other past, present and probable future projects. Density, interrelationship of uses, and environmental impacts will be addressed from a land use impact perspective. The proposed project will be evaluated with respect to the existing and planned land uses, emerging land use trends, and regional accessibility. Measures will be recommended to reduce or eliminate adverse land use effects. Air Quality -- An air quality technical report will be prepared for the EIR by Giroux and Associates (GA). The project will generate mobile source and heavy equipment emissions during construction. Short-term effects include blowing dust and emissions from equipment, worker commutes and haul trucks. VOCs will be produced from site paving and architectural coatings. Emissions will be produced from facility operations and office employees' and patrons' mobile sources. Air quality impacts will be evaluated based on criteria of the CEQA Air Quality Handbook and federal and state Ambient Air Quality Standards. Construction emissions will be estimated using the URBEMIS7G air quality model and factors in AP-42 emissions standards compiled by SCAQMD. Operational emissions include those generated on- and off -site. Using details in both the project description and traffic study, the air quality assessment will calculate emissions for all criteria pollutants in project operations, including mobile sources and on- and off -site emissions from space and water heating sources and electrical generation for on -site use. A CO microscale hot -spot analysis for intersections will be performed based on traffic study model results. Consistency /conformity with the AQMP will be addressed. Mitigation measures will be presented for all significant effects. The cumulative analysis will include ongoing and proposed projects occurring within the same time frame as the proposed project. The air quality technical report will be summarized in the EIR text and included in the appendix to the document. Noise -- A noise study is being prepared for the EIR by GA. Noise measurements will be made at a variety of locations in the vicinity of the project site to describe existing noise 7 levels and traffic mix in the project vicinity. Noise levels at the site generated by aircraft operations from John Wayne Airport will be discussed. Community noise standards relevant to this project are contained in the City Noise Element and Noise Ordinance. These standards will be summarized and their relevance to the project discussed. — The potential noise impacts can be divided into short-term construction noise, impacts on surrounding land uses, and on -site noise /land use compatibility. The application of the .7 City's Noise Ordinance to control construction noise will be discussed. The noise impacts associated with project traffic on adjacent land uses will be assessed in terms of the CNEL noise scale for the "without" project and the "with" project conditions. Areas that will experience a significant noise increase will be identified. The absolute noise levels experienced in these areas will then be determined, and the resulting land use /noise compatibility discussed. Noise levels generated by stationary sources (e.g. parking lots) will also be assessed for compatibility with the proposed project land uses. Noise levels from stationary sources that potentially impact noise sensitive land uses will be estimated. The City's Noise Ordinance standards will be used to assess impacts. Based upon the cumulative baseline, the cumulative noise impacts in the area including mobile as well as any stationary sources of noise, will be assessed. Mitigation for construction and /or operational impacts will be identified as necessary. Residual impact, if any, would be compared with the impact criteria to assess adequacy of any proposed mitigation measures. The noise study will be summarized in the EIR and provided in its entirety as an appendix to the document. Water Quality- -The project applicant will provide a hydrology and water quality impacts analysis to MBA. Site drainage and surface water quality characteristics of the site and receiving waters will be identified in the analysis. Requirements of the Regional Water Quality Control Board and compliance with NPDES will also be addressed. Water quality issues will be analyzed to the extent they are affected by the project and related projects. More specifically, construction and long -term water quality impacts are issue areas that will need to be addressed as part of a water quality management plan (WQMP) to be prepared by the project applicant. Such issues to be addressed and approved by the City in the WQMP include: • Shore based construction activities that could locally degrade water quality through an increase in water turbidity, trash and debris, during runoff events or during dry weather — from storm drain flow into Newport Bay. • Water quality impacts associated with the construction of a boat dock in each project 7, scenario. These impacts would result from pile driving and/or hydrojetting dock 11 support pilings into the seafloor, and dredging, if necessary (including maintenance dredging) associated with increasing water depths underneath the proposed boat dock. Impacts could potentially include a local increase in water turbidity and resuspension of sediment contaminants. • Potential effects of long -term water impacts associated with runoff into Newport Bay that would occur under each project scenario. These impacts would be associated with wet weather and dry weather runoff. The conformity of the project to current local, state, and federal water quality regulations and integration of BMPs with project design will be discussed in the WQMP. Mitigation measures for water quality impacts will be recommended, if needed as part of the WQMP. MBA will summarize the WQMP in the EIR and offer it in its entirety as an appendix to the document. Aesthetics — Project applicant will provide MBA with a photographic display with overlays w and /or visual simulations representing the massing of the proposed structures as would be viewed from four (4) vantage points. Using this information, MBA will evaluate potential glare impacts from construction and operation of the proposed project. Impacts associated with shade and shadow, light and glare, alteration of the visual setting, and sensitivity of view corridors will be assessed by MBA. Mitigation measures will be recommended, if necessary, to reduce any significant impacts. Public Services and Utilities - -MBA will coordinate with City staff and affected public services and utility purveyors to assess the potential impacts of the proposed project. It is anticipated that at least the following services and utility systems will be analyzed: Fire Protection; Police Protection; Water; Sewer; Electricity; Natural Gas; Solid Waste; and Parks /Recreation. Letters will be sent to all service facility and utility agencies describing the project. Answers will be requested, as appropriate, to document existing and planned facilities, current usage, excess capacity, and needed improvements. The additional capacity required to meet projected needs will be described. Anticipated impacts will be assessed and appropriate mitigation measures will be recommended. :. Additional EIR tasks include the following 1. Discuss all significant unavoidable adverse impacts, in conformance with the State CEQA Guidelines, Section 15126(b). Included in the discussion will be any impacts that can be partially mitigated, but not to a level that is less than significant. 2. Include growth- inducing and cumulative impact evaluations in the EIR. To the extent possible, the analysis will address known projects, either approved or proposed within growth areas in the vicinity of the project. The boundaries of this area will be 0 determined by the City and will be set prior to commencement of the Screencheck EIR. The cumulative impact assessment will be based on adopted plans and /or past, present and probable future projects that may, in combination with the proposed project, create adverse environmental impacts. w " 3. Prepare the Alternatives section of the EIR based upon directives from City staff. MBA will work closely with the project team to define the alternatives. MBA will address the following alternatives to the proposed project: (1) No Project/No Development Alternative - site remains in its current developed condition, pursuant to current General Plan and Zoning; (2) No Project/Development pursuant to existing General Plan Alternative — marine recreation facility to be defined by City and including boat slips and on -site parking; and (3) Reduced Intensity Alternative — a smaller hotel and a freestanding restaurant subject to General Plan Amendment and Zoning Ordinance Amendment. The alternatives must be analyzed in sufficient detail for comparison with the proposed project. Each alternative must be evaluated with respect to each key impact category reviewed for the proposed project. 4. MBA will also prepare other sections of the EIR, including CEQA- mandated topics as follows: • Table of Contents; • Significant Irreversible Environmental Changes; • Effects Found Not to Be Significant; • List of Organizations and Persons Consulted; • Preparers of the Environmental Document; • References; and • Appendices. 5. Prepare up to eight (8) copies of the Screencheck EIR for review by City staff and designated recipients. Approximately 400 hours of MBA professional staff time are budgeted for preparation of the Screencheck EIR. Task 5. Revised Screencheck EIR and Draft EIR The purpose of this task is to respond to staff comments on the Screencheck EIR, complete necessary revisions, and publish and distribute the Draft EIR for public review. The following approach will be used: 1. Coordinate with the City's EIR Project Manager who will assemble comments on, and suggested revisions to, the Screencheck EIR. One set of unified comments will be provided to MBA. 10 2. Prepare an Executive Summary, presenting the significant conclusions of the EIR for the project, in a manner that is easily understood by the public. A "summary table" format will be used to identify the significant impacts and the effectiveness of the recommended mitigation measures. A discussion of issues to be resolved and issues subject to potential controversy, as required by CEQA, will be provided. A summary of the alternatives and effects found not to be significant would also be presented. 3. Prepare up to five (5) copies of the Second Screencheck EIR for submittal to the City's EIR Project Manager and designated recipients for final "proof- check" review before distribution to the public. 4. Following the City's proof -check review of the Revised Screencheck EIR, MBA will make any additional minor revisions required and distribute up to a total of sixty (60) copies of the Draft EIR to recipients on the approved Distribution List, inclusive of the fifteen (15) copies required by the State Clearinghouse. Task 6. Draft and Final Responses to Draft EIR Comments The purpose of this task is to prepare written responses to comments received on the Draft EIR that raise significant environmental issues, and submit them for the City's review after the close of the public comment period. The responses to comments will be prepared based on the requirements of the State and City CEQA requirements. The following approach will be used: 1. The City's EIR Project Administrator will compile and transmit to MBA all written comments on the Draft EIR. 2. MBA will confer with staff to review written comments on the Draft EIR and _~ comments from public meetings and hearings to develop a general framework and strategies for preparing responses. 3. MBA will submit up to five (5) copies of the Draft Responses to Comments for City staff review. Based on staff review and suggested modifications, the responses will be finalized and three (3) copies and one unbound, photo -ready copy of the Final Response to Comments will be submitted to the City. The responses will include a separate section identifying any changes to the Draft EIR. Responses that are within this proposal scope of work and budget proposal consist of explanations, elaboration, or clarifications of the data contained in the Draft EIR corrections, with a budgeted effort of up to 175 hours for management and technical staff in the task. If substantial new analysis, issues, alternatives, or project changes need to be addressed, or if effort exceeds the budget amount because of the number or complexity of responses, a contract amendment may be requested. This task also assumes that the applicant's consultants who prepared studies for the EIR will be 11 responsible in drafting responses to comments that pertain to their respective specific issue areas (i.e., hydrology /water quality, geologic resources, etc.) Task 7. Findings and Facts in Support of Findings and Statement of Overriding Considerations The purpose of this task is to satisfy statutory requirements for actions certifying the EIR, pursuant to Section 15091 of the State CEQA Guidelines (Section 21081 of the CEQA Statutes) and to Section 15093 of the State CEQA Guidelines. The following approach will be used: 1. MBA will prepare Draft Findings and Facts in Support of Findings for each potential significant effect identified in the EIR and prepare a Statement of Overriding Considerations for the unavoidable significant impacts associated with the project. As required by the State CEQA Guidelines, one of three findings must be made for each significant effect and must be supported by substantial evidence in the record. The Statement of Overriding Considerations will rely on consultation with the City regarding the potential benefits of the project. MBA will submit one complete set via e -mail and reproducible hard copy of the Draft Findings of Fact and Statement of Overriding Considerations to the City's EIR Project Administrator for review. 2. MBA's project manager will consult with City staff to review Draft Findings and Facts in Support of Findings and Statement of Overriding Considerations (if needed) to finalize document. MBA will submit one (1) complete set via e-mail and one (1) reproducible hard copy of the Final Findings of Fact and the Statement of Overriding Considerations to the City's EIR Project Administrator. Task 8. Final EIR MBA will reproduce and submit to the City twenty -five (25) copies of the Final EIR consisting of the following volumes in loose -leaf binders: 1) Volume 1- -Draft EIR; 2) Volume 2-- Technical Appendix and 3) Volume 3 -- Responses to Comments on Draft EIR. Included among the 25 copies of Volume 3 -- Responses to Comments are those that MBA will distribute in accordance with Section 21092(a) of the CEQA statutes to each public agency that commented on the Draft EIR. Task 9. Mitigation Monitoring and Reporting Plan The purpose of this task is to comply with Public Resources Code Section 21081.6 as mandated by Assembly Bill 3180 (Cortese 1988), by preparing a Mitigation Monitoring and Reporting Plan (MMRP) for adoption at the time of the CEQA findings. MBA will use the following approach: 12 1. MBA will prepare and submit a Draft MMRP in accordance with the State and City CEQA requirements. The MMRP will be designed to ensure compliance with the mitigation measures that address significant impacts. 2. After City staff review and comment, MBA will finalize the MMRP and submit one (1) complete copy via e-mail and reproducible hard copy. Task 10. Public Meetings and Hearings The purpose of this task is to be present at public meetings and hearings to develop an understanding of the public's comments and concerns, to be available to answer questions on environmental issues, and to make presentations on the EIR. The MBA Project Manager and Traffic Consultant will attend up to six (6) public meetings or hearings to conduct presentations regarding the EIR process and findings (and traffic study), and be available to answer questions. The public meetings /hearings are EQAC (1), Planning Commission study session (1), Planning Commission (1), and City Council (1). Task 11. CEQA Notices In addition to the NOP, MBA will prepare the Notice of Completion and Notice of Availability to accompany the Draft EIR distribution. It is assumed that the City will file the Notice of Determination, and distribute public meeting and hearing notices. Schedule Projects are considered successful when they are completed on time and within budget. MBA places a strong emphasis on integrating schedule and budget issues into a cohesive and successful plan that will result in the completion of a high - quality work product. Project objectives, or milestones, need to be identified at the onset of the project through an active exchange of goals and realistic objectives between MBA and the City of Newport Beach. Once these milestones have been determined, dates are established for the execution of each objective. These milestones and dates are entered into a project management system called Microsoft Project, devised specifically for budget and schedule tracking. A preliminary schedule for the EIR is identified below. Following review and refinement by the City, the schedule will be entered into the Microsoft Project system for use by MBA, the City, and applicant. 13 Milestone Tentative Schedule eeks Sign contract/Kick -off Meeting 1 Scoping Meeting 3 Receipt of Technical Studies from Applicant/MBA subconsultants 8 15 Screencheck DEIR Due 12 City Comments Due 14 2nd Screencheck Due 16 City Comments Due 18 Draft EIR Due 20 Review Period Starts (45 days ) 20 EQAC Study Session 24 Review Period Ends 26 Response to Comments and Findings Due 29 City Comments Due 31 Final Response to Comments Due 33 Planning Commission Study Session /Hearing #1 35 Planning Commission Study Session/Hearing #2 39 Final Findings Due 40 City Council Hearings 41-44 Final EIR 44 14 EXHIBIT "B" SCHEDULE OF COMPENSATION PROJECT FEES Fees for preparation of the EIR for the Regent Newport Beach Resort Project are shown below. MBA Professional Fees Task 1. Project Definition and Organization $3,000 Task 2. Project Management and Meetings 9,800 Task 3. Scoping Meeting 3,800 Task 4. Screencheck EIR 42,800 Task 5. Revised Screencheck Draft and Draft EIR 13,600 Task 6. Draft and Final Responses to Draft EIR Comments 16,300 Task 7. Findings and Facts in Support of Findings and Statement of Overriding Considerations 3,500 Task 8. Final EIR 5,800 Task 9. Mitigation Monitoring and Reporting Plan 3,000 Task 10. Public Meetings and Hearings 6,600 Task 11. CEQA Notices 1,200 Total MBA Professional Fees $109.400 Subconsultants Austin Foust Associates (Traffic /Parking) 33,000 Coastal Resources Management (Marine Resources) 19,800 r Giroux and Associates (Air Quality /Noise) 6,000 (Administrative fee @ .10) 9,330 LL Total Subconsultant Fees $ 63.800 Direct Cost Document Printing /Reprographics $ 17,500 Phone /fax, postage /delivery, mileage 1,900 (Administrative fee @.10) 1,940 Total Direct Costs $21,340 TOTAL FEE $194,540 FEE ASSUMPTIONS In determining MBA's fees for the proposed scope of work, the following assumptions are made: 1. The identified EIR fees are based on Exhibit "A ", Scope of Work. Should additional technical studies be required pursuant to EIR scoping or agency comments, a contract amendment may be required. 2. Printing costs are based on the method of printing and binding proposed, specific numbers of copies proposed as work products, and estimated page lengths. Document printing costs are estimated and will need to be finalized at the time of printing (SCEIR w /Appendices -$130, DEIR w /Appendices -$150, Response to Comments -$40, Final EIR -$ 155). 4. The EIR scope may need to be adjusted after receipt of all NOP comments. 5. The EIR will be prepared to comply with CEQA. 6. This price is based on completion of the work within the proposed schedule. If substantial delays occur, an amendment of the price may be warranted to accommodate additional project management and other costs, and to reflect adjustment for updated billing rates. 7. Costs have been allocated to tasks based on MBA's proposed approach. During the work, MBA may, on its sole authority, reallocate costs among tasks, as circumstances warrant, so long as the adjustments maintain the total price within its authorized amount. 16 EXHIBIT "C" SCHEDULED BILLING RATES (HOURLY) Jason Brandman, Senior Project Manager Kara Palm, Asst. Project Manager Ethan Yotter, Environmental Analyst Karlee Haggins, Graphic Artist Angel Penatch, Word Processor 17 $130.00 $95.00 $60.00 $55.00 $60.00 EXHIBIT "B" SCHEDULE OF COMPENSATION PROJECT FEES "RECEIVED AFTER AG N A PRINTED:" Fees for preparation of the EIR for the Regent Newport Beach Resort Project are shown below. MBA Professional Fees Task 1. Project Definition and Organization $3,000 Task 2. Project Management and Meetings 9,800 Task 3. Scoping Meeting 3,800 Task 4. Screencheck EIR 42,800 Task 5. Revised Screencheck Draft and Draft EIR 13,600 Task 6. Draft and Final Responses to Draft EIR Comments 16,300 Task 7. Findings and Facts in Support of Findings and Statement of Overriding Considerations 3,500 Task 8. Final EIR 5,800 Task 9. Mitigation Monitoring and Reporting Plan 3,000 Task 10. Public Meetings and Hearings 6,600 Task 11. CEQA Notices 1,200 Total MBA Professional Fees $109,400 Subconsultants Austin Foust Associates (Traffic/Parking) 33,000 Coastal Resources Management (Marine Resources) 19,800 Giroux and Associates (Air Quality /Noise) 6,000 (Administrative fee @ .10) 5,880 Total Subconsultant Fees $ 64,680 Direct Cost Document Printing/Reprographics $ 17,500 Phonelfax, postage /delivery, mileage 1,900 (Administrative fee @.10) 1,940 Total Direct Costs $21,340 TOTAL FEE $195,420 15 documents and forms to City in electronic format, Microsoft Word 2000, or other format acceptable to City. 2.1 If Consultant is requested by City to revise or supplement the draft or final Environmental Impact Report, with additional data, information or analysis as a result of the Environmental Impact Report's failure to comply with requirements of CEQA, Consultant shall provide such revision or supplement at no additional cost to City provided that such revisions are within the scope of work required in Exhibit "A ". 2.2 If changes to existing laws, rules, regulations or policies of any state, federal or local governmental authority having jurisdiction over the project occur during the term of this Agreement that require modification of the draft or final Environmental Impact Report, Consultant will perform such additional services on a time - and - materials basis. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the schedule of compensation, attached hereto as Exhibit "B" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of one hundred ninety-five thousand four hundred twenty dollars ($195,420). 3.1 Consultant shall maintain accounting records of its billings which include the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of the City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with scheduled billing rates, attached hereto as Exhibit "C" and incorporated herein by reference. 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such costs shall be limited to and shall include nothing more than the following costs incurred by Consultant: A. Approved document printing, reprographics, and reproduction charges. B. Postage, delivery, and mileage charges. 2