HomeMy WebLinkAboutC-3306 - PSA for Newport Center Environmental Impact Report,, c `il_ Iqy
i
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 151%1 day of November, 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:
1. 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.
1
0 0
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
2
• •
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.
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
• •
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 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.
B. 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
0 0
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
0 0
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.
6
0 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
0 0
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.
E
0 0
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City has retained traffic engineering, planning and project management
consultants for the Project, and reserves the right to employ other consultants in
connection with the Project. Consultant shall cooperate with other consultants in
completion of 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.
9
0 0
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.
it
0 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.
APPR AS TO FORM:
By:
in Clauson
A,- ;.. +....+ r;+.. A++.., --,,
AT
M
CITY OF NEWPORT BEACH
A Municigal 7X*W� Cor
By ..r�✓
f-Iomer BI au
11
C
i
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 Longo-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.
11
9 0
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 Brandman 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, Houle- 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
Pi
0
• 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.
3
• •
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. Geolouv 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 = eotechnical 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 FIR 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 FIR and provided in its entirety as an appendix to the
document.
C. Hvdrologv /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
4
0 0
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 Planning. Existing land uses in the immediate vicinity of the
project will be identified from existing information and validated by a field
5
• •
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, Employment, 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 FIR 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 FIR is within this
scope of work, if needed.
9
0
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
FIR and provided in its entirety as an appendix to the document.
j. 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.
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. Energv Consumption and Conservation. Pursuant to Appendix F of the State
CEQA Guidelines, the FIR 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
10 9
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(6). 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.
7. 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 Proiect Alternative — developing the site under
the existing provisions of the General Plan and zoning; (2) The No Proiect/No Development
Altemative — 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.
M
0 9
10. Prepare up to six (6) copies of revisions to the Screencheck FIR, 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 FIR Project Manager.
Task 4. Draft and Final Responses to Draft FIR Comments
The purpose of this task is to prepare written responses to comments received on the Draft FIR 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:
I. 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
E
0 0
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:
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 NIBA. 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
• •
management (e.g., invoices) and other project management matters. The Scope of Work includes
the following:
a. The involvement of multiple property owners with interest in the project;
b. Five levels of City involvement, including the City Council, the City Council Committee,
the Planning Commission, the Planning Commission Committee and City Staff; and
C. Communication with various community and other interest groups.
d. MBA shall retain and manage sub - consultants for the EIR. The City of Newport Beach
will handle the technical traffic report under separate contract. This separate report will
be summarized and incorporated into the EIR document.
2. Attend project coordination meetings with City Staff. The proposed Scope of Work and Budget
Proposal should include up to 20 project meetings attended by MBA's EIR Project Manager or
Principal -in- Charge. Other meetings may be attended on a time - and - materials basis.
3. Attend regularly scheduled meetings with property owners, City Project Team and the Planning
Commission Committee and other members of the public as requested by staff (assume 5
meetings).
Task 8. Attendance at 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. MBA will use the following approach:
Attend a maximum of five (5) meeting/public hearings by MBA's Project Manager and /or
Principal -in- Charge. Such meetings include meetings of the Planning Commission and City
Council. y
2. Conduct presentations, as required, regarding the EIR process and findings, and be available to
answer questions that may arise at public hearings or meetings. y
Task 9. Prepare Final EIR
MBA will assemble all material necessary for the Final EIR.
Task 10. Preparation of CEQA Notices
Other than the NOP, MBA will be responsible for preparing and distributing the Notice of Completion
and Notice of Determination. It is assumed that the City will prepare and file the Notice of Availability
and all other public meeting and hearing notices.
11
0
PRODUCTS and DELIVERABLES
Following is a listing of products and deliverables related to the FIR 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 I 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
I 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
11
0
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.
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.
An internal review and comment will be conducted by the project team for each document submitted to
the City. (i.e., SCEIR, DEIR, Responses, Final EIR, etc.).
P7
W
a
F
F
a
0
w
a
F
U
C
a
H
z
w
z
0
a
V7
W
W
w
F
V
w
0
a
0
0
w
M
r
N
M
�
Pl
vl
r
N
r
kfT
M
N
.--
NY
is
�
64
H`Y
Kf
�
4PS
4Ek
64
C
F
v1
vt
Y
N
L
trt
G
K
�J
C
i
4Y
`v
�
U
O C
u�
C
M
M
✓1
7
u
� r
G C
n � O
C,
U
U �
Vf
y�
u
�
c
v
..
�
y
C
.Ci
✓�
Ir
u
C
v
W
W
R
f
M
w
�i
O
W z
z �w
z zFw
0 o�
a
wHo
W zwa
a W
U
F � O
oz'3
WW
z
9 0
O
1�
M
00
O
O
O
O
O
O
N
G\
kts
Nt
Hk
hl
64
1�
44
G�
4Ek
W
44
a0
HS
N
(,1
H
L
O
F
_U
'y
L
G
r.
w
C�
C
v.
4!
O
O
C
C
C
C
O
T
O
o
r
c r
O
c z
�
°
G
On
v
O
U
L
lJ
O
°
—
U
M
N
C
v
U
Q
r
U
^
R
C
F
.1
r
f^
O
1�
M
O\ N
M
T
M
H �
a N
t
U
� N
U �
R �
n
m
F. m
m v?
Q U
I
V
G
G
R
L
H
Cn
O
N
V
C7
to
9
L
L
r. 9
Q
p1
n
O
O
N
Q
y
Q
z
�o
G
Q
a�
R
Q
i
^
�
V
ON
ON
Q�
R
HU
to
O
00
7
0.
t�o
C
i
>
O
87
0
:5
G
G
a
N
O
O
O
°
C
R
tw
C%1
N
U
O
R
w
N
C
3
°o
N.N.
r
..
O
O
_. U
C
."
>
cCV •C
G G
eZ
G
C N
^� C
.r+
C co
C
R
U
C>
U
=
G G y
C Q
'.
O>
C N
O
Z
O"
�j
G t
N
n'
R N
N N
v .GR.
a H
Cr1
7 cn
on
N^
cn ca
•�+
w
�_ •_ N
R d
U •^
GN. •O
.D
p
p y
cu
> y
C
> R G
O
.�
.>'+ G
r
r
N
.� ate-•
p
p.
v�
/-�
U
V� Q
V
W C-. V1
�i U
�
I
O\ N
M
T
M
H �
a N
t
U
� N
U �
R �
n
m
F. m
m v?
Q U
I
V
G
G
R
L
H
Cn
O
N
V
C7
to
9
L
L
r. 9
Q\ N
C
M �
N
D
Q U
N
N C
ro N
a
L 03,
0. rn
a� rn
Q
N
c
cu
iV i,
U
G
.b
G
A
N
N
u
0
c"
U
ti
C7
L
b
w
R
�V
cn
¢
Q
ti
M
h
�
N
¢
O
Q
w
LL-
h
�
Q
z
z
�o
0
¢
Q
0
V
Q
Q
R.
R
G
c0
e7
C
ZD
F
A
In
ca
tio
to
co
A
�U
o
>
o
EW
�¢
•V
0 3
N
v
w •y
o 3
ro
y
N
C
°°
U V
Q
3p,
H
>
U
o
°
p'j
OD
Ln
N
r
> a
to
0
N
vz 3
_D>
� °'
o
c._
,
o >
Q\ N
C
M �
N
D
Q U
N
N C
ro N
a
L 03,
0. rn
a� rn
Q
N
c
cu
iV i,
U
G
.b
G
A
N
N
u
0
c"
U
ti
C7
L
b
w
R
�V
�?F W PogT
U _ _
CITY OF NEWT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3250
Agenda Item No.:
Staff Person:
L3�')
September27, 1999
14
Sharon Wood
644 -3222
--Y3 0�0
REPORT TO THE MAYOR AND CITY COUNCIL
4 ; 27
APPROVED
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.
E
The Assistant City Attorney has reviewed and approved the form and content of the Professional
Services Agreement.
SHARON Z. WOOD
Assistant City Manager
Attachment: Professional Services Agreement
Page 2
0
�J
L�
•
• i
PROFESSIONAL SERVICES AGREEMENT
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:
1. 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.
1
i •
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
2
0
i
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
i •
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 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
0
0
0
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
0
0 0
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.
6
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
0 0
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 bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
iv
0
•
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City has retained traffic engineering, planning and project management
consultants for the Project, and reserves the right to employ other consultants in
connection with the Project. Consultant shall cooperate with other consultants in
completion of 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.
9
0 0
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.
10
0 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:
By:
Robin Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
:�
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Homer Bludau
City Manager
for the City of Newport Beach
CONSULTANT
By:
11
0 0
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 0
/V
0 0
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 Brandman 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:
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 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.
E
A6
0
E
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 Ouality. 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
17
%%
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
IS
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, Emolovment, and Housine. 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 Enemy. 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.
C
/9
0 9
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.
j. 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. Energy 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.
7. 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.
E
0 9
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:
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.
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:
1. 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
1;;��
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
L
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:
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
1�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:
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
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: I*
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:
1. 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
L
11
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 I 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
I camera ready copy of the Final EIR
5 copies of the draft MMRP
15 copies of the final MMRP
I*
12
,?S
w •
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:
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 $90.00.
4. The EIR scope may need to be adjusted after receipt of all NOP comments.
5. This price is based on completion of the work within the proposed schedule. If delays occur, an
amendment of the price would be warranted to accommodate additional project management and other
costs, and to reflect adjustment for updated billing rates.
6. Costs have been allocated to tasks based on MBA's proposed approach. During the work, MBA may,
on its sole authority, re- allocate costs among tasks, as circumstances warrant, so long as the adjustments
maintain the total price within its authorized amount.
7. An internal review and comment will be conducted by the project team for each document submitted to
the City. (i.e., SCEIR, DEIR, Responses, Final EIR, etc.).
0
0
0
� O
(� a
z�
w�o
�wa
w�
U
�o
5x
�5
z
E.
O
N
O
N
\0
O
N
O
W
O
M
C;
N
Lq
L'
N
n
600F#
M
N
6r
4
^
VS
'tr
4R
CIF
6R
64
b3
O
H
u
O
�
O
.n
O
7
O
N
O
O
O
O
O
O
a
A
IYh
V
y
V
O O
r--I
C
O h
>
w¢
vt
o
O
O
O
O
O
O
O
O
C o
co
Y
O
O0
O
N
O
O
O
O
V
u
v�
o;
c
O
N
N
M
N
N
ti
V
v
ti
«�
Q
v
to
Ci
N
N
0
C
W
V
>
o
o
O
O
O
°q
p
c4
u
y
W
o
a
v
b
u
w
w
o
CL
g
w
x
b
•�
O
O
G
b Cp
O
.0
A
u
W
v
v
0
f1.
ya
�y
°°v
.c
'D
W
d
vr'Vi
Q
.L
G
�.
A
wv
.n
"
.a
-0
v
w
a
a
a"
a'
w
x
..
N
M
7
�n
V•
r
oO
f�
o
,�
E.
A
w
z
z
O
v
pad
d
H
aO
�w
o�
W��Zw
Uz
Hp
C'• CG
O�
�w
z
w
w
w
W
0.i
a
w •
�c
M
0
9
P
O
O
O
N
O
P
O
P
44
M
6R
N
64
64
W
6H
CO
�
N
N
�
O
H
u
O
O
O
O
O
O
O
�
a
A
C7
O
O
O
O
o
O
O
N
y
U
�U
O O
C.
O
O
O
O
o
O
O
C
O N
N
Wd
0
0
v
o
0
0
0
N
O
O
o
0
0
0
0
0
0
c
ao
v
`O
O m
0
O
O
o
O
o
O
O
ID
u
N
Q
N
O
En
N
V
N
V
N
N
w
z
o
o
a
o
s
S
0.l
v
O
N
u
u
v
V
w
N
V
V
�
Y
A
F
Q
F
x
H
�c
M
0
9
a% y
Dl
M 3
•-� l0
y
7
Q L
U
'd y
U �
L i
N
L ni
a o)
t rn
� y
A v
C
Cd
a
C
b
C
d
N
b0
w
C7
O
bA
;J
R
L
a, � 9
Q
ti
ti
N
rQ
G
W
A
z
�o
�cn
0
0
C.
0
en
Y
L
A
cc
ON
A
x
V
o$
o
Y
A
w
as
W
QO
�..�
gal
�.
pq
a
�..�
rA
O
�...
>
O
W
O
N
O
N
r
«. 0
p
d
bD�
Ej
O
y
E
C
N
O
W
y
co
L
7 t
O
Z
d
5 o
L
c
c[
%Zw
°
a
3
y •-
r•a
r0C
O
°O
•-
U
—
.�
0
.�
Q
i°
�
r .
� •
d
O O V
y �.'
7 L
(n
'� OD
'3 6D
N
V] C
D D
as
r
y
>
>
a� O
O
y
v
wrn
�
I
a% y
Dl
M 3
•-� l0
y
7
Q L
U
'd y
U �
L i
N
L ni
a o)
t rn
� y
A v
C
Cd
a
C
b
C
d
N
b0
w
C7
O
bA
;J
R
L
a, � 9
M
•-� l9
a+ '
H �
d4 �
L
U
L C
� N
a
Y co
a a,
� w
A
N
d
a
ti
a
x
ao
.c
v
•
-�d
11M
I
No
ME
"*MINIMINMIS
03
111=1
Ulm
M
•-� l9
a+ '
H �
d4 �
L
U
L C
� N
a
Y co
a a,
� w
A
N
d
a
ti
a
x
ao
.c
v
•
-�d