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HomeMy WebLinkAbout14 - Professional Services Agreement for an EIR4 �EmPOq> O 6 U _ C +GCOR��P CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL September27, 1999 14 Sharon Wood 644 -3222 SUBJECT: Professional Services Agreement for Newport Center Environmental Impact Report ACTION: Approve a Professional Services Agreement with Michael Brandman Associates for preparation of an environmental impact report. City Council Policy F -14, Authority to Contract for Services, authorizes Department Heads to award contracts for services of less than $30,000 without further review. However, contracts in excess of $30,000 must be submitted to the City Council for approval before the contract is awarded. Council Policy K -3, Implementation Procedures for the California Environmental Quality Act, provides for the solicitation of consultant proposals through a request for qualifications (RFQ) or a request for proposals (RFP). In this case, staff used an RFQ to provide the opportunity to explore approaches to the project in interviews with prospective consultants, and to keep the project on schedule. Michael Brandman Associates (MBA) submitted a superior statement of qualifications, and demonstrated the most relevant experience and ability to complete the EIR for the Newport Center project in a timely fashion. The firm prepared the EIR for the Anaheim Stadium Area Master Land Use Plan, a project that is comparable to Newport Center in complexity, dynamics and schedule, and the City of Anaheim was satisfied with the product. The attached agreement provides for the EIR to be completed within the timeframe established for the Newport Center project, at a cost not to exceed $192,555. The agreement does not include a traffic study, as the City is contracting for that separately in order to use consultants that are very familiar with the City's traffic model. MBA has agreed to this arrangement, and the agreement requires them to cooperate with the City's traffic consultants. The cost of this contract will be paid on a proportional share by the four project proponents, who also are funding the cost of the planning and project management. The City's contribution will be a waiver of typical application and staff review fees. If Development Agreements are requested, each of the property owners will pay the City's usual fees. 11 The Assistant City Attorney has reviewed and approved the form and content of the Professional Services Agreement. 0 SHARON Z. WOOD Assistant Attachment: Professional Services Agreement Page 2 17J I* PROFESSIONAL SERVICES AGREEMENT C1 THIS AGREEMENT, entered into this day of September, 1999, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Michael Brandman Associates, whose address is 15901 Red Hill Avenue, Suite 200, Tustin, California, 92780 -7318, (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 ( "Project") upon the terms and conditions contained in this Agreement. C. The principal members of Consultant for purpose of this Project are Thomas F. Holm, AICP, Director of Environmental Services, and Jason M. Brandman, Senior Project Manager. 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: TERM The term of this Agreement shall commence on the date of execution, and shall terminate on the 31 st day of August, 2000, 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 services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates, 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 amount of One Hundred Nintey -Two Thousand, Five Hundred Eighty dollars ($192,580). The City Manager shall have the authority to authorize work beyond this amount, not to exceed an additional twenty five percent (25 %). 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 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 Exhibit "B ". 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, in writing, by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 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. Retentions may be released upon satisfaction of the following: Screencheck EIR, Draft EIR, Responses to Comments, and Certification of EIR. For example, retentions held for all billings up to completion of the Screencheck EIR may be released upon satisfactory completion of . that product, and retentions held after completion of the Screencheck may be released upon distribution of the Draft EIR for public review. 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 professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City and do not 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 or by City. 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. 0 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 in 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. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, any other agencies which may have jurisdiction or interest in the work to be performed, and any other consultants retained by City in connection with the Project. City agrees to cooperate with the Consultant on the Project. 3 0 7. PROJECT MANAGER 0 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 M. Brandman to be its Project Manager. Consultant shall not bill any personnel to the Project other than those personnel identified in Exhibit "B ", 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 and the services shall be performed by Consultant in accordance with the schedule attached as Exhibit C and incorporated herein by reference. The failure by Consultant to strictly adhere to the schedule 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 Planning Director not later than five (5) business days after the start of the condition which purportedly causes a delay, and not later than the date upon which performance is due. The Planning Director shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 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, e-mail, hand delivery or mail. 4 • 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Planning Director 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 REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Planning Director and City. 11. PROGRESS Consultant is responsible to keep the Planning Director 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. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 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 all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, 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 prior to exercising any right or performing any work pursuant to this 5 1 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, with 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), and 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 $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled 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 subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 1__J 0 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for 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 outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, 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. 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 Consultant with one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data and information provided by City without independent review or evaluation. City will 7 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 Planning Department. Patricia Temple, Planning Director, 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. 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. 0 0 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City has retained traffic engineering, planning and project consultants for the Project, and reserves the right to employ other connection with the Project. Consultant shall cooperate with other completion of the Project. 23. CONFLICTS OF INTEREST management consultants in consultants in 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: City of Newport Beach Planning Department 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: Attention: Jason M. Brandman Michael Brandman Associates 15901 Red Hill Avenue, Suite 200 Tustin, CA 92780 -7318 (714) 258 -8100 Fax 258 -8900 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. 26.1 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. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. zo is 0 28. WAIVER A waiver by either party of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 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. 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 Assistant City Attorney for the City of Newport Beach ATTEST: 0 LaVonne Harkless City Clerk in Homer Bludau City Manager for the City of Newport Beach CONSULTANT M 11 EXHIBIT A ENVIRONMENTAL IMPACT REPORT NEWPORT CENTER LONG -RANGE PLAN SCOPE OF WORK BACKGROUND This scope of work is for the preparation of a Program EIR for the Newport Center Long -Range Plan project. Although the discretionary actions being sought at this time are a General Plan Amendment and Zone Change for the Newport Center Long -Range Plan project, the Program EIR will be used as the base environmental document for more precise, subsequent plans. The EIR will also be used to cover site plans for precise plans of development proposed by several landowners in the Newport Center. Therefore, the EIR must meet the requirements of the CEQA Statutes, the CEQA Guidelines and City of Newport Beach requirements. On February 22, 1999, the City Council accepted a recommendation made by the Planning Commission to consider a comprehensive planning approach in considering a General Plan Amendment and Specific Plan for Newport Center. The goal of this work effort is to incorporate urban design concepts into the General Plan and comprehensively re-zone Newport Center into one consolidated plan that regulates development standards and development intensity for this area. Some of the suggested goals of the program made by the Planning Commission include: • Address all of Newport Center and involve all property owners in the planning process; • Take the lead in long -range planning efforts, alternative visions, policies and implementation measures, including the original vision for Newport Center; • Use the new modified portions of the General Plan as a prototype to change the specific, regulatory nature in other elements and sections of the General Plan; and • Develop one specific plan to replace the existing mixture of zoning and Planned Community regulations and to include design guidelines that maintain quality and a coordinated development in the center. The Planning Commission established a Committee to work with City staff on the project Scope of Work and budget. Some of the goals the Planning Commission Committee has identified as areas to address as part of this process are as follows. The General Plan Amendment must identify how Newport Center fits into the overall long -range development plan for Newport Beach. The General Plan Amendment must generalize how building intensity is regulated in Newport Center instead of regulating square footage on a block -by -block basis. As part of this process, it is also important to include a "pool' of square footage that can be used by all property owners for minor building additions. Regulating development intensity using traffic generation should also be considered. 1 • 1 `/ The Specific Plan prepared for Newport Center must unify the Planned Community and Zoning text into one document. The Specific Plan also must include the original design concepts for Newport Center and the following: • Maximum height limits, building design, pedestrian circulation opportunities, open space areas and original design concepts to allow different areas of Newport Center to function in a cooperative and cohesive manner; Parking availability, location and distribution shall be evaluated and appropriately regulated in the Specific Plan. Consider the encouragement of more parking structures and less surface parking to potentially create public open space areas in the Newport Center area; and Incorporate into the General Plan and Specific Plan input from the community regarding the future vision and design of Newport Center. SCOPE OF WORK Michael Brandrnan Associates (MBA) recognizes the importance of coordination and communication in the EIR process. The Scope of Work and Budget take into account coordination and communication with the following key players in the Project: • City of Newport Beach • Hogle- Ireland, the City's planning and project management consultants • Subconsultants (e.g., traffic, air, noise, etc.) • Stakeholders (e.g., landowners, community organizations, individuals, etc.) This Scope of Work assumes the preparation of an environmental document that will analyze three broad land use alternatives at a comparable level of detail within the EIR. This Scope of Work Outline identifies the major tasks and project related deliverables associated with the EIR for the Project. As shown in Exhibit B, the cost for preparation of the EIR is broken into the following tasks, accordingly. Task 1. Project Definition and Organization The purpose of this task is to obtain the information necessary to prepare a complete "proposed 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, Hogle - Ireland Project Managers for the Project and 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 and Project Manager to determine which elements will be included in descriptions of the project and alternatives to the proposed project. • Receive complete project information, which will be used to develop the EIR project and alternatives descriptions. Information will include project objectives, narrative program description, etc. • Receive all existing reference and research materials related to the project, the project site, and the vicinity, including base maps and aerial photographs. 2 )S • Review reference material provided by the Project Team. Expand and refine the list of information needs. Distribute, as appropriate, to EIR Project Team members. • Participate in one public scoping meeting conducted by the City. After completion of the scoping process and receipt of the NOP responses, identify issues for which no significant impacts will occur (to be described as effects found not to be significant in the EIR) and potentially significant impact topics identified in the scoping process that require further evaluation in the EIR. This will precisely define the scope of EIR issues, provide a strategic action plan for completing the environmental process as efficiently as possible, and determine the most effective approach for addressing the consultations and approvals needed by other agencies. Maintaining the project schedule included in this Scope of Work Outline is very important in the EIR process. This issue is especially critical in order to meet the hearing schedule for the proposed project. MBA will develop and use a mechanism to assure continuous schedule control throughout the life of the project. MBA will program its staff resources to ensure that adequate staffing levels are provided to respond to the project dynamics. The scheduling system will be designed to allocate resources to meet all feasible due dates, regardless of their timing or short deadlines. Additional measures, such as providing UPS Overnight Delivery to the State Clearinghouse to ensure prompt start-up of the public review period are to be used as well. Task 2. Preparation of 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: 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 detailed matrix and 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. Describe effects found not to be significant, in accordance with Section 15128 of the State CEQA Guidelines, by listing them with brief explanations of why they are not significant, or by referral to the Initial Study. A0 5. Document baseline conditions and establish thresholds of significance (in coordination with the City of Newport Beach). Identify Effects Found Not to be Significant with brief explanations, conduct impact evaluations, and formulate mitigation measures. Specific topical areas to be addressed are as follows. A comparative analysis of the three (3) land use alternatives will be provided as needed: a. 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. 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. b. Biological Resources. MBA will conduct a biological assessment for the proposed project with a literature review, special status species listing update, aerial photo review and site reconnaissance. As Newport Center is largely built out, this assessment will concentrate on the Avocado North and Newport Village parcels near MacArthur Boulevard. Habitat areas, vegetative communities and probable jurisdictional areas will be mapped, with an assessment of their significance and sensitivities. Recommendations for focused species surveys, if any, will be made with the timing, locations and areal extent of such surveys identified for subsequent project -level implementation. Mitigation measures will be formulated consistent with the expectations of the responsible agencies. This biological study will be summarized in the EIR and provided in its entirety as an appendix to the document. C. Hydrology/Water Quality. The construction and operational impacts of the proposed project on surface runoff, impermeable surface area, groundwater recharge and other aspects of the local hydrologic cycle will be evaluated, based on existing technical information. Water quality issues will be analyzed to the extent they are affected by the project and related projects. The conformity of the project to water quality regulations will also be discussed. Mitigation measures for hydrology and water quality impacts will be recommended, if needed. d. Air Quality. Regional and local air quality in the vicinity of the proposed project will be described, based on existing available data. Local meteorological conditions in the vicinity of the proposed project with the potential to affect air pollutant dispersal or transport will be described. Due to the existence of readily available current air quality data, no field monitoring of meteorology or air quality data is assumed to be needed. Air emissions associated with construction (short -term) and operation (long -term) of the completed project will be assessed using California Air Resources Board (ARB)- approved models and methodologies. Construction and 2 operational emissions of criteria pollutants will be quantified, based on available data, for the proposed project and project alternatives, utilizing the procedures contained in the April 1993 South Coast Air Quality Management District (SCAQMD) CEQA Air Quality Handbook. The construction- related air quality impacts of the proposed project will be quantified. The significance of the construction emissions will be assessed based on a comparison with the quarterly /daily recommended emissions thresholds as outlined in the April 1993 SCAQMD CEQA Air Quality Handbook. Localized mobile source air quality impacts in the vicinity of the proposed project will be assessed, using the latest approved versions of the air quality models, for the three worst project- impacted intersections. Localized carbon monoxide impacts will be analyzed for peak -hour traffic conditions under Potential impacts on sensitive receptors will also be identified. Regional air quality impacts associated with operation of the proposed project, measured in terms of total project - related vehicle miles traveled (VMT), will be assessed by comparison to the SCAQMD daily recommended thresholds for criteria pollutants as outlined in the. No stationary- sources are proposed as part of the project; therefore, based on a current understanding of the project, no stationary source air quality impact analysis will be conducted. The project will be analyzed for its conformity to the regional Air Quality Management Plan. A list of mitigation measures will be prepared for any impacts found to be significant, and a list of mitigation measures will be prepared, if needed, to comply with AQMP conformity requirements. Emissions reductions from implementation of the mitigation measures will be • quantified using SCAQMD- approved methodologies. The air quality analysis will be summarized in the EIR and provided in its entirety as an appendix to the document. e. Noise. Areas of potential noise impacts will be identified, using land use information, aerial photographs, preliminary design information, and field reconnaissance. Impacts on adjacent noise - sensitive land uses caused by noise generated by stationary and mobile construction equipment will be determined. The Federal Highway Traffic Noise Prediction Model will be used, as modified, to provide Community Noise Equivalent Level (CNEL) contours for future project traffic and roadways identified as having significant changes in traffic volumes caused by the proposed project. CNEL noise contours will be used to determine land use compatibility according to City criteria. (Mapping of noise contours is not needed.) Mitigation measures designed to reduce impacts to acceptable noise levels will be determined, where necessary. Evaluation of potential mitigation measures and discussion of their effectiveness will be provided. The noise study will be summarized in the EIR and provided in its entirety as an appendix to the document. f. Land Use and Plannine. Existing land uses in the immediate vicinity of the project will be identified from existing information and validated by a field 5 40 /'Y visit. An existing land use map and General Plan Map will be presented in . the EIR. The EIR will evaluate the proposed land uses in relation to city plans and policies for the area and surrounding area, and will address the compatibility of the uses. Interpretations of city policies will be closely coordinated with City staff. Impacts from the proposed Newport Center Long -Range Plan General Plan Amendment and Specific Plan will be evaluated with discussion of cumulative effects in conjunction with other uses within the area. Impacts on sensitive existing and potential future land uses in the project vicinity will be assessed. Density, interrelationship of uses, and environmental impacts will also be addressed from a land use impact perspective. The appropriateness of 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. g. Population. Em lloovment, and Housing. The EIR will describe the anticipated direct and secondary population, employment, and housing effects that would result from implementation of the project. Housing impact discussions will focus on availability of housing stock in Newport Beach and the surrounding areas. The project will be evaluated with respect to regional plans and policies. h. Public Services, Facilities. Utilities and Energy. MBA will coordinate with . City staff and affected public services and utility purveyors to assess the potential impacts of the proposed project. The following services, facilities, and utility systems will be analyzed: Electricity; Fire Protection; Natural Gas; Police Protection; Water Supply; Schools; Stormwater; Parks/Recreation; Sewer Services; and Solid Waste Disposal. Letters will be sent to all service agencies (fire, police, schools, parks/recreation, and other public facilities) describing the proposed project. Answers will be requested, as appropriate, to document existing and planned facilities, current usage, excess capacity, and needed improvements. Because of the magnitude of the project, one meeting with each public service agency is assumed to be needed to discuss the anticipated impacts. The additional capacity required to meet projected needs will be described. Anticipated impacts will be assessed and appropriate mitigation measures will be recommended. The budget assumes that a discussion of City fiscal issues and impacts is not needed as part of this EIR scope (but may be presented separately from MBA's scope of work and work products). Including a brief summary of fiscal information provided by the City in the EIR is within this scope of work, if needed. 0 /7 i. Transportation/Circulation. Austin -Foust Associates, under contract to the City, will prepare a traffic report for the proposed project. The study will address the existing transportation and circulation conditions within a defined study area and a discussion of the effects of project traffic on the existing roadway network, in addition to the effects of the project and cumulative projects traffic on the future roadway network. A discussion of recommended mitigation measures and level of significance after mitigation measures will be discussed. This traffic report will be summarized in the EIR and provided in its entirety as an appendix to the document. Aesthetics/Visual Resources. The potential impacts from construction and use of the proposed project will be evaluated through the use of ground -level site photographs from sensitive viewpoints in and around the project site and adjacent uses. Impacts will be assessed in terms of visibility of the project, alteration of the visual setting, and sensitivity of viewpoints. The EIR will analyze views from approximately ten (10) viewpoints. The EIR will also include a shade and shadow analysis for those buildings that are likely to cast significant shade and shadows on nearby uses and/or residences. Mitigation measures will be recommended, if necessary, to reduce any significant impacts. Visual photosimulations of the appearance of the project are included in this scope of work from a minimum of five (5) surrounding vantage points, to be determined in conjunction with the City staff. k. Cultural and Scientific Resources. An analysis of existing and known archaeological, historic, and paleontological resources on the project site will be conducted. The effort will involve a literature search conducted in conjunction with UCLA and report preparation. The report will include impact assessment and proposed mitigation measures to lessen the impact to any known cultural or scientific resource in the area. Because of the highly developed nature of the project area, detailed surveys of individual cultural resources sites or buildings are not included in the basic scope. 1. Hazardous Materials Compliance. Local and/or state planning, building, and environmental health agencies will be consulted by MBA in the investigation of past uses and past or current hazardous materials incidents potentially affecting each property. Local and/or state agency personnel responsible for hazardous wastes and materials management, environmental health, and groundwater quality will be consulted regarding the potential presence of hazardous materials or wastes on or near each property. m. Enemy Consumption and Conservation. Pursuant to Appendix F of the State CEQA Guidelines, the EIR will address potentially significant energy implications of the proposed project. Based on.available information, the existing energy setting will be briefly summarized in terms of available supplies, existing consumption, and energy standards, as applicable. To the extent practical, based on data provided by the applicant, the energy consumption of the proposed project will be estimated. Construction and operational energy impacts of the proposed project will be discussed. Energy 7 46 conservation features included in the project, and other recommended mitigation measures, if needed, will be described. 6. 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. Any mitigation measures considered, but eliminated from suggestion because of new impacts that would be associated with their implementation, also must be discussed. Include growth- inducing and cumulative impacts 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 determined by the City and will be set prior to commencement of the screencheck EIR. The cumulative impact assessment will be based on reasonably foreseeable development projects that may, in combination with the proposed project, create adverse environmental impacts. Growth inducing impacts will include a qualitative analysis of development in the project area that is potentially induced by the implementation of the Newport Center Long -Range Development Plan. 8. 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) The No Project Alternative — developing the site under the existing provisions of the General Plan and zoning; (2) The No Project/No Development Alternative — no additional development within the Newport Center project site; and (3) Alternative Location Alternative - developing the proposed expansion at another location. Three (3) Land Use alternatives will also be evaluated on a comparable level of detail in the body of the EIR. These alternatives will be selected during project scoping, as determined by City staff to address the long -range vision for Newport Center based upon recommendations made by the Planning Commission Committee, NOP recipients and/or the public that will be developed in conjunction with staff. 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. 9. The EIR Consultant shall prepare other CEQA- mandated sections of the EIR, including: • Table of Contents; • Irreversible & Irretrievable Commitment of Resources; • Relationship Between Short -Term & Long -term Impacts; • Effects Found Not to Be Significant; • List of Organizations and Persons Consulted; • Preparers of the Environmental Document; • References; and • Appendices. 0 a/ 10. Prepare up to six (6) copies of revisions to the Screencheck EIR, pursuant to review comments. Revisions must be prepared in conformance with the Scope of Work. If additional revisions are required, based upon factors such as changes to the project or changes in report format, additional funds may be required and may be requested by MBA. Task 3. Preparation of 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: 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. 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 will also be presented. 3. Prepare two (2) copies of the pre -Draft EIR for submittal to the City's EIR Project Manager for a final "proof- check" review before its distribution to the public. 4. Following the City's proof check review, MBA will make any additional revisions required and distribute the Draft EIR to the list of recipients as agreed with the City's EIR Project Manager. Task 4. 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: The City's EIR Project Manager 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. It is assumed that the Draft EIR will be revised and cross - referenced as part of this task. 3. MBA will submit the draft responses to comments for staff review. Based on staff review and suggested modifications, the responses will be finalized. Responses that are within this proposal's Scope of Work and Budget Proposal consist of explanations, elaborations, or clarifications of the data contained in the Draft EIR corrections, with a budgeted effort of up to 120 hours for technical staff in the task. If new analysis, issues, alternatives, or substantial 0 cl� 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. Task 5. Written Findings and Facts in Support of Findings and Statement of Overriding Considerations The purpose of this task is to prepare 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: 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 input from the City regarding the benefits of the project. 2. MBA's project manager will consult with City staff to review draft findings and to finalize them. MBA will submit proposed final Findings of Fact and the Statement of Overriding Considerations to the City's EIR Project Manager for review and approval. Task 6. Prepare Mitigation Monitoring and Reporting Plan (MMRP) The purpose of this task is to comply with Public Resources Code Section 2108.6 as mandated by Assembly Bill 3180 (Cortese 1988), to prepare a mitigation monitoring and reporting plan (MMRP) for adoption at the time of the CEQA findings. MBA will use the following approach: 1. MBA will prepare a draft MMRP in accordance with the State and City CEQA requirements. The MMRP will be designed to ensure compliance with the adopted mitigation requirements. In coordination with City staff, MBA will prepare the MMRP for mitigation measures that address significant impacts. The program will be designed consistent with the City's MMRP content and format. 2. After review and comment on the draft MMRP, the EIR Consultant will revise the MMRP, according to the comments provided, and submit the final MMRP. Task 7. 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 and Project Team members. 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 Manager and the City. The following approach will be used: 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 10 "?3 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. Task 5. Written Findings and Facts in Support of Findings and Statement of Overriding Considerations The purpose of this task is to prepare 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: 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 [Wade for each significant effect and must be supported by substantial evidence in the record. The Statement of Overriding Considerations will rely on input from the City regarding the benefits of the project. 2. MBA's project manager will consult with City staff to review draft findings and to finalize them. MBA will submit proposed final Findings of Fact and the Statement of Overriding Considerations to the City's EIR Project Manager for review and approval. Task 6. Prepare Mitigation Monitoring and Reporting Plan (MMRP) The purpose of this task is to comply with Public Resources Code Section 2108.6 as mandated by Assembly Bill 3180 (Cortese 1988), to prepare a mitigation monitoring and reporting plan (MMRP) for adoption at the time of the CEQA findings. MBA will use the following approach: 1. MBA will prepare a draft MMRP in accordance with the State and City CEQA requirements. The MMRP will be designed to ensure compliance with the adopted mitigation requirements. In coordination with City staff, MBA will prepare the MMRP for mitigation measures that address significant impacts. The program will be designed consistent with the City's MMRP content and format. 2. After review and comment on the draft MMRP, the EIR Consultant will revise the MMRP, according to the comments provided, and submit the final MMRP. Task 7. 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 and Project Team members. 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 Manager and the City. The following approach will be used: Communicate with the Project Team members and City staff for compliance with the Scope of Work, schedule and budget. Coordinate the teams work and provide management liaison between the project team and City for communication issues, transmittal of comments, financial 10 0 �y I* PRODUCTS and DELIVERABLES Following is a listing of products and deliverables related to the EIR for the proposed Newport Center Long -Range project: 20 Copies of the Screencheck EIR 6 Copies of the Preliminary Draft EIR 100 Copies of the Draft EIR 75 Copies of the Draft EIR Technical Appendices 50 Copies of stand -alone Executive Summary and 1 camera ready for Hearings 10 copies of the draft Response to Comments document 40 copies of the final Response to Comments document Disc for posting the EIR on the City's home page 1 camera ready copy of the Response to Comments document 5 copies of the draft Findings and Statement of Overriding Considerations 5 copies of the Final Findings and Statement of Overriding Considerations 10 copies of the Final EIR 1 camera ready copy of the Final EIR 5 copies of the draft MMRP 15 copies of the final MMRP 12 _,�95 EXHIBIT B ENVIRONMENTAL IMPACT REPORT NEWPORT CENTER LONG -RANGE PLAN PROJECT FEES MBA has prepared a competitive cost proposal for the services outlined by the City. We have provided costs on a not -to- exceed basis, based on estimated hours and all related and reimbursable expenses. Costs for preparation of the EIR for the Newport Center Long -Range Plan are shown in Table B -1 below. BUDGET METHODOLOGY In determining MBA's budget for the proposed scope of work, the following estimating methodology is employed: 1. Jason Brandman, will be the primary representative at project meetings, and public meetings and hearings; he will be supported at key project strategy meetings by Thomas F. Holm, AICP and at selected project team meetings by MBA in -house technical specialists. 2. The below EIR fees include noise, air quality, biological, geotechnical, and aesthetics studies, but exclude fees for a Traffic Study to be performed by the City's traffic consultant. Should additional technical studies be required pursuant to agency comments or scoping, a contract amendment may be required. 3. Printing costs are based on the method of printing and binding proposed (i.e., comb binding), specific numbers of copies proposed as work products, and estimated page lengths. Document printing costs included in Direct Costs are estimated and will need to be finalized at the time of printing. Estimated document costs are: Screencheck EIR $65.00, Draft EIR $70.00, Final EIR $90.00. 4. The EIR scope may need to be adjusted after receipt of all NOP comments. 5. This price is based on completion of the work within the proposed schedule. If delays occur, an amendment of the price would be warranted to accommodate additional project management and other costs, and to reflect adjustment for updated billing rates. 6. Costs have been allocated to tasks based on MBA's proposed approach. During the work, MBA may, on its sole authority, re- allocate costs among tasks, as circumstances warrant, so long as the adjustments maintain the total price within its authorized amount. 7. 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