HomeMy WebLinkAboutC-3389(A) - PSA for preparation of an EIR on Regent Newport Beach (Marinapark)PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 1tk day of September, 2003, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as
"City "), and Michael Brandman Associates, whose address is 220 Commerce, Suite 200,
Irvine, California, 92602 (hereinafter referred to as "Consultant'), is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City desires to engage Consultant to prepare an Environmental Impact Report
pursuant to the California Environmental Quality Act (Project) upon the terms
and conditions contained in this Agreement.
C. The principal member of Consultant is, for purposes of this Project, Jason
Brandman.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires
to contract with Consultant under the terms and conditions provided in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties
as follows:
1. TERM
The term of this Agreement shall commence on the _ day of September, 2003, and
shall terminate on the 315 day of July, 2004, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of work,
attached hereto as Exhibit "A" and incorporated herein by reference. All work and
documents shall be prepared in accordance with and shall contain all items required by the
California Environmental Quality Act (CEQA), CEQA Implementing Guidelines and City of
Newport Beach ordinances and policies. Consultant shall furnish all environmental
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documents and forms to City in electronic format, Microsoft Word 2000, or other format
acceptable to City.
2.1 If Consultant is requested by City to revise or supplement the draft or final
Environmental Impact Report, with additional data, information or analysis as a result of the
Environmental Impact Report's failure to comply with requirements of CEQA, Consultant
shall provide such revision or supplement at no additional cost to City provided that such
revisions are within the scope of work required in Exhibit "A ".
2.2 If changes to existing laws, rules, regulations or policies of any state, federal
or local governmental authority having jurisdiction over the project occur during the term of
this Agreement that require modification of the draft or final Environmental Impact Report,
Consultant will perform such additional services on a time - and - materials basis.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the schedule of compensation, attached hereto as Exhibit "B" and incorporated
herein by reference. No rate changes shall be made during the term of this Agreement
without prior written approval of City. Consultant's compensation for all work performed in
accordance with this Agreement shall not exceed the total contract price of one hundred :.
ninety -four thousand five hundred forty dollars ($194,540).
3.1 Consultant shall maintain accounting records of its billings which include the
name of the employee, type of work performed, times and dates of all work which is billed
on an hourly basis and all approved incidental expenses including reproductions, computer
printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of the City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with scheduled billing rates, attached hereto as Exhibit "C" and incorporated herein by
reference.
3.4 City shall reimburse Consultant only for those costs or expenses which have
been specifically approved in this Agreement, or specifically approved in advance by City.
Such costs shall be limited to and shall include nothing more than the following costs
incurred by Consultant:
A. Approved document printing, reprographics, and reproduction charges.
B. Postage, delivery, and mileage charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under this
Agreement have been substantially completed.
"4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who are
not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits, qualifications
and approvals required of its profession. Consultant further represents and warrants that it
shall keep in effect all such licenses, permits and other approvals during the term of this
Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control or
without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
employee of City. The manner and means of conducting the work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the
expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over the details
in means of performing the work provided that Consultant is compliance with the terms of
this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only with respect to the results of the services.
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6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies which may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Jason Brandman to be its Project
Manager. Consultant shall not bill any personnel to the Project other than those personnel
identified in Exhibit "C ", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement
person to the Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City. Consultant
warrants that it will continuously furnish the necessary personnel to complete the Project on
a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement.
Consultant shall perform services in timely manner as necessary for the City of Newport
Beach to comply with the milestones set forth in an Agreement between the City.of
Newport Beach and Sutherland Talla Hospitality LLP executed on December 11, 2000,
amended on March 12, 2002, and last amended on March 11, 2003, and the submittal and
processing requirements of the Permit Streamlining Act. The failure by Consultant to
provide services in such timely manner may result in termination of this Agreement by City,
and the assessment of damages against Consultant for delay. Notwithstanding the
foregoing, Consultant shall not be responsible for delays which are due to causes beyond
Consultant's reasonable control. However, in the case of any such delay in the services to
be provided for the Project, each party hereby agrees to provide notice to the other party so
that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance in
writing to the Project Administrator not later than ten (10) calendar days after the start of
the condition which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's
control.
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8.2 For all time periods not specifically set forth herein, Consultant shall respond
in the most expedient and appropriate manner under the circumstances, by either
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project direction
with the Project Administrator in advance of all critical decision points in order to ensure
that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal laws, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or are
desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all acts or omissions of
Consultant, its employees, agents or subcontractors in the performance of services or work ri .
conducted or performed pursuant to this Agreement. This indemnity shall apply even in the
event of negligence of City, or its employees, or other contractors, excepting only the sole
negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action on or
to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the term
of this Agreement policy or policies of liability insurance of the type and amounts described
below and satisfactory to City. Certification of all required policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must be filed with City
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prior to exercising any right or performing any work pursuant to this Agreement. Except
workers compensation, all insurance policies shall add City, its elected officials, officers,
agents, representatives and employees as additional insured for all liability arising from
Consultant's services as described herein.
All insurance policies shall be issued by an insurance company currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California,
and with the exception of worker's compensation insurance policy, shall have an assigned
policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Bests Key Rating Guide unless otherwise approved by
the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of One
Million Dollars ($1,000,000) combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial general liability
insurance or other form with a general aggregate is used, either the general
aggregate shall apply separately to this Project, or the general aggregate limit
shall be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of One Million Dollars
($1,000,000) combined single limit per accident for bodily injury and property
damage.
D. Professional errors and omissions insurance that covers the services to be
performed in connection with this Agreement in the minimum amount of One
Million Dollars ($1,000,000), if available.
Said policy or policies shall be endorsed to state that coverage shall not be canceled
or materially altered by either party, except after thirty (30) days' prior notice has been
given in writing to City. Consultant shall give City prompt and timely notice of claim made
or suit instituted arising out of Consultant's operation hereunder. Consultant shall also
procure and maintain, at its own cost and expense, any additional kinds of insurance, which
in its own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that, in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of
any insurer providing comprehensive general and automotive liability insurance to either
Consultant or City with respect to the services of Consultant herein, a waiver of any right of
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subrogation which any such insurer of said Consultant may acquire against City by virtue of
the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any
of the services to be performed under this Agreement, directly or indirectly, by operation of
law or otherwise without prior written consent of City. Any attempt to do so without consent
of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venture or syndicate member or co- tenant if Consultant is a partnership or joint- venture or
syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or more
of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation,
partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection
with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant pursuant
to this Agreement are not intended or represented to be suitable for reuse by City or others
on any other project. Any use of completed documents for other projects and any use of
incomplete documents without specific written authorization from Consultant will be at
City's sole risk and without liability to Consultant. Further, any and all liability arising out of
changes made to Consultant's deliverables under this Agreement by City or persons other
than Consultant is waived against Consultant and City assumes full responsibility for such
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changes unless City has given Consultant prior notice and has received from Consultant
written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
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17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy of all
existing record information on file at City. Consultant shall be entitled to rely upon the
accuracy of information provided by City without independent review or evaluation. City will
provide all such materials in a timely manner so as not to cause delays in Consultant's work
schedule.
18. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Sharon Z. Wood,
Assistant City Manager, shall be considered the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate records
with respect to the costs incurred under this Agreement. All such records shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records during normal business hours. Consultant shall allow
inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to
pay according to the terms of this Agreement. Consultant shall not discontinue work as a
result of such withholding. Consultant shall have an immediate right to appeal to the City
Manager or his designee with respect to such disputed sums. Consultant shall be entitled
to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from
the date of withholding of any amounts found to have been improperly withheld.
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.
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22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the ;
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making . decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
of this Agreement by City. Consultant shall indemnify and hold harmless City
for any and all claims for damages resulting from Consultant's violation of this
Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in this
Agreement shall not be assigned, transferred, contracted or subcontracted without prior
written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall
be given in writing and conclusively shall be deemed served when delivered personally or -
on the third business day after the deposit thereof in the United States mail, postage
prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Sharon Z. Wood
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3200
Fax 644 -3350
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
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Jason Brandman
220 Commerce, Suite 200 `
Irvine, California 92602
(925) 730 -0061
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions hereof
at the time and in the manner required hereunder, that party shall be deemed in default in
the performance of this Agreement. If such default is not cured within a period of two (2)
days, or if more than two (2) days are reasonably required to cure the default and the
defaulting party fails to give adequate assurance of due performance within two (2) days
after receipt of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the nondefaulting party may terminate the Agreement
forthwith by giving to the defaulting party written notice thereof.
27. City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to the Consultant that -•
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination. .
28. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
30. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and employees against
liability, including costs, for infringement of any United States letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and specifications provided under
this Agreement.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
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agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
day and year first written above.
APPROVE S TO FORM:
By:
Robin Clauson
Assistant City Attorney for the
City of Newport Beach
ATTEST:
By:
LaVonne Harkless
City Clerk
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CITY OF NEWPORT BEACH
A Municip pl Corporation e
By:
Homer L. BI u
City Manager for the
City of Newport Beach
Scope of Work
General Instructions
EXHIBIT "A"
SCOPE OF WORK
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MBA recognizes the importance of coordination and communication in the EIR process for
the Regent Newport Beach Resort project and General Plan Amendment (GPA). The
scope of work and fees outlined in this proposal take into account coordination and
communication with the following key players in the project:
• City of Newport Beach
• Project Applicant (e.g., Project Representatives)
• MBA Project Team (i.e., traffic, marine resources, air quality, noise, etc.)
More importantly, MBA is committed to being a working partner with City staff. MBA is
prepared to take responsibility for project initiation and organization, preparation and
processing of CEQA notices, data compilation, impact assessment, development of
mitigation measures, report compilation and distribution, response to public comments,
public meetings and hearing attendance, coordination with City staff, the project
representatives, and the MBA Project Team, preparation of the findings of fact, preparation
of the statement of overriding considerations (if required), and preparation of a mitigation
monitoring plan.
Report format and content will be in full compliance with CEQA, the State CEQA
Guidelines, and City of Newport Beach environmental guidelines. The EIR organization will
include those items identified in discussions with City staff, including a description of the
setting, identification of thresholds of significance, impacts, mitigation measures, and level
of significance after mitigation. Text will be supplemented with graphics and summary
tables, as necessary, to present information in a concise and easily understood format.
Work products will consist of professionally photocopied reports in comb bindings, unless
other specific approaches are proposed.
The proposed scope of work that follows has been organized into major tasks and is in
addition to the Professional Services Agreement entered into on August 11, 2003.
Refinements to the scope of work, budget, and project schedule will be discussed during
the initial task, if needed.
This scope of work outline identifies the major tasks and project related deliverables
associated with the EIR. The cost for preparation of the EIR is allocated among tasks as
defined in the sections that follow.
Task 1. Project Definition and Organization
The purpose of this task is to obtain the information necessary to prepare complete
"project" and "alternatives" descriptions. It includes crafting measurable project objectives.
In order to establish early communication among various project team members, consisting w...
of City staff, project representatives, Project Managers for the EIR, and to establish project
expectations with respect to policy concerns for the Project, MBA will use the following — -
approach:
• Attend initial orientation meeting with City staff, project representatives, and the MBA
Project Manager to determine which elements will be included in descriptions of the
project and alternatives to the proposed project. It is agreed that the project is a
110 -room hotel, a Girl Scout facility and community center, a public tot park, public
tennis courts, public parking lot, public and private boat slips, public beach, and
renovation of the existing American Legion facility.
• Receive complete project information, which will be used to develop the EIR project
and alternatives descriptions. City will provide project objectives and narrative
program description. Subsequent contemplated actions pursuant to the EIR will be
defined in the document and will include closure of the mobile home park,
establishment of the tidelands boundary, and lease of the property by the City to the
Project proponent.
• Receive all existing reference and research materials related to the project, the
project site, and the vicinity, including base maps and aerial photographs.
• Review reference material provided by the project team. Expand and refine the list
of information needs. Distribute, as appropriate, to EIR Project.team members.
Task 2. Project Management, General Coordination and Meetings
The purpose of this task is to manage the EIR preparation effort and to maintain close
communication between City staff, project team members, and the project representatives.
This task is also intended to ensure that the project is running on time and within budget
and technically correct and legally defensible. This is a key element to the project because
of the necessity to maintain clear lines of communication between MBA, the project team,
and the City. The following approach will be used:
1. Communicate with the project team members and City staff for compliance with the
scope of work, schedule and budget. Coordinate the team's work and provide
management liaison between the project team and City for communication issues,
transmittal of comments, financial management (e.g., invoices) and other project
management matters.
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2. Attend project coordination meetings with City Staff. The proposed scope of work
and budget includes eight (8) project meetings attended by MBA's EIR Project
Manager, two (2) of which will be attended by MBA's traffic consultant. Other
meetings may be attended on a time - and - materials basis.
Task 3. Scoping Process
MBA will coordinate with City staff to participate in a scoping meeting for the proposed
project. MBA will draft the notice for the City to distribute, including those individuals and
agencies that received the IS /NOP. MBA will coordinate with the City to determine the
format, strategies, and content of the scoping presentation. The primary focus of MBA's
presentation will be to explain the environmental review process and describe the
preliminary issues that will be addressed in the environmental document and receive input
from attendees. Comments received at the scoping meeting will be summarized in a brief
memorandum to the City. The presentation may, at the request of the City, include
graphics and handouts that describe environmental issues and processes.
Task 4. Screencheck EIR
The purpose of this task is to prepare a comprehensive and legally defensible EIR for the
City. The following approach will be used:
1. Prepare the project description section of the EIR, including regional and local
setting, project history, project objectives, and project characteristics. The project
description should also identify all discretionary actions required by the City of
Newport Beach, Orange County, and state, regional and federal resource agencies
with responsibilities over aspects of the project.
2. MBA shall prepare a narrative on the intended uses of the EIR, as required by
Section 15124(d) of the State CEQA Guidelines, including, but not limited to a list of
responsible and other agencies expected to use the EIR in decision - making.
3. Identify reasonable anticipated actions /related projects likely to occur that may result
in cumulative impacts when combined with the proposed project. These potential
projects will be identified by the City and will be considered by MBA throughout the
cumulative impact evaluation. The study area and reasonably foreseeable projects
to be considered will be defined by the City upon receipt of the formal project
description information and are not anticipated to change the effort and budget
allocated to cumulative impact analysis thereafter. Review and refinement of the list
of projects may occur up to the Draft EIR. These potential projects /actions will be
reviewed for appropriateness and will be considered throughout the impact
evaluation.
4. Document baseline conditions and establish thresholds of significance for all
relevant environmental issues (in coordination with the City of Newport Beach) for
the 110 -room hotel. Identify Effects Found Not to be Significant, in accordance with
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Section 15128 of the State CEQA Guidelines, with brief explanations, conduct
impact evaluations, and formulate mitigation measures. MBA anticipates that the
following environmental issues will result in no significant impacts:
• Agricultural Resources
• Energy and Mineral Resources — -
• Population and Housing 4.
• Cultural Resources -
• Hazards
Though not anticipated to be potentially significant in the Initial Study, population and
housing issues may nonetheless be carried forward for discussion in the EIR text, if
determined necessary during this phase due to the removal /relocation of existing mobile
home residents.
Specific topical areas to be addressed on a project - specific and cumulative basis in the EIR
are as follows:
Geology and Soils- -The potential for impacts from soil or geological conditions onsite or in
the project vicinity will be evaluated for the construction of the project. This section will
emphasize geotechnical hazards, seismicity of the area, potential for liquefaction and
subsidence, and erosion. The analysis will be based on a technical report that is assumed
to be prepared by the project applicant, and adequate for CEQA purposes upon its receipt.
Appropriate mitigation measures will be recommended, if necessary. This report will be
summarized in the EIR and included in its entirety as an appendix to the document.
Biological Resources -- Coastal Resources Management (CRM) will provide marine
resources assessment for the proposed project scenarios. The purpose of the marine
resources assessment is to evaluate the potential short and long -term effects of the project
development on the marine life and marine habitats of Newport Bay from implementation of
the proposed project scenarios.
Issue areas to be addressed in the assessment include:
• Existing marine habitats and biological communities within or nearby the project
area;
• Sensitive, rare, threatened, or endangered species within or nearby the project
area;
• Effects of additional pollutants due to increased runoff caused by the project;
• Potential changes in biological productivity caused by beach recreational activity
and structures, wet weather and dry weather runoff, or decrease in light entering
the water due to shadowing (new buildings);
• Construction /operational effects of new structures (docks and gangways) on the
marine environment
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The following identifies the tasks to be completed as part of the assessment:
1. Conduct a marine biological field survey.
CRM will conduct a field survey at the proposed development site. This survey will
be conducted to gain an understanding of the existing site conditions, the locations
of existing storm drains, and the general types of marine flora and fauna living within
the project area. Photographs of the project site will be taken and included in the
project report. Underwater video will also be taken. An underwater survey will be
conducted to document the presence or absence of eelgrass (Zostera marina),
which is an important invertebrate and fish nursery habitat
2. Prepare a draft Marine Resources Assessment. K
CRM will conduct a review of the available marine biological data for the local area
to be used as background and historical information. Based upon the results of the
reconnaissance survey at the project site, the available data base of historical
information, and project design plans, storm water runoff plans, and other project '
documents, CRM will analyze potential project impacts on the marine biological
resources of the project area and the surrounding marine environment.
Potential environmental impacts of the project on marine resources (marine plants,
invertebrates, fishes, marine mammals, seabirds, federally and state - listed marine -
associated species, sensitive habitats) will be evaluated. Where significant impacts
have been identified, mitigation measures to reduce the level of impact to less -than-
significant will be provided.
This marine resources assessment will be summarized in the EIR and provided in its
entirety as an appendix to the document.
Transportation /Circulation -- Austin Foust Associates (AFA) will prepare a traffic study
analyzing the project indicated in Task 1 and necessary to comply with the City's Traffic
Phasing Ordinance (TPO) and the Congestion Management Plan (CMP). Traffic count data
is available for most of the key intersections and roadways in the study area (the study area
is anticipated to include up to 12 intersections and 15 roadway links). The following
outlines the tasks associated with preparation of the traffic analysis:
1. Existing Site Conditions
A study area will be defined and traffic counts carried out for the study area
intersections and roadway links. At this time, it is estimated that the study area will
include up to 12 intersections and 15 roadway links.
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2.
3.
EN
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Project Definition and Trip Generation
In this task, the proposed project will be defined and trip generation estimates �-
agreed upon with City Staff. Issues will be addressed such as trip generation (e.g.
resort hotel versus a non - resort hotel), current entitlement versus currently built
development, and trip generation characteristics of specific uses (e.g., the
community center, a Girl Scout facility, a public tot park, public tennis courts, public
parking lot, public and private boat slips, public beach, a renovated American Legion
facility, other replacement facilities, and the marina dock space). The results will
provide a description of the traffic characteristics of the project.
Short-Range Analysis
To identify short-range project impacts, the project will be analyzed using the City's
TPO procedure. Current entitlements will be considered as part of the background
traffic, and impacts of project -added traffic will be determined. Potential mitigation
measures will be identified as appropriate.
Long -Range Impact Analysis
In this task, the long -range version of NBTAM will be used to analyze project
impacts and cumulative impacts of adopted plans and other past, present and
probable projects reflected in NBTAM. Traffic forecasts will be prepared for the -
proposed project with both ADT and peak hour intersection data being prepared.
Level of service analyses will be carried out and project impacts determined :
accordingly. A traffic improvement program will then be developed which addresses
project impacts and mitigation. Work sessions will be held with City Staff to discuss
the results and determine a suitable transportation improvement program for any
subsequent General Plan Amendment proposed to accommodate development of
the project.
Parking Analysis
This task will evaluate parking needs in relation to City code requirements and the
parking proposed for each alternative. AFA will also investigate uses in the
immediate vicinity with which the hotel may share parking.
Traffic Study Preparation.
AFA will prepare a draft study that details all of the above - mentioned items including
our analysis, findings and conclusions. The draft report will be suitably documented
with tabular, graphic and appendix material. The draft report will be submitted to the
client for review and comment, and then revised if necessary. This report will be
summarized in the EIR and provided in its entirety in the appendix to the document.
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Land Use and Planning -- Existing land uses in the vicinity of the project will be identified
and validated by a field visit and photo reconnaissance. An existing land use map, and
General Plan and Zoning Map will be presented in the EIR. The EIR will evaluate the
proposed land uses in relation to the City General Plan (all Elements), the Land Use Plan
of the Local Coastal Program, and the proposed GPA and Planned Community
Development Plan, regional (e.g. SCAG and SCAQMD) and state (e.g. California Coastal
Act) plans and policies for the site (e.g. State Tidelands) and surrounding area.
Compatibility with surrounding uses, potential conflicts with the General Plan and zoning
regulations, and consistency with relevant plans and policies, and loss /relocation of existing
uses will be addressed. Environmental impacts associated with the proposed closure of.
the mobile home park will be evaluated based on information provided by the City.
Cumulative land use effects will be considered within the context of adopted plans and - -
other past, present and probable future projects. Density, interrelationship of uses, and =:
environmental impacts will be addressed from a land use impact perspective. The
proposed project will be evaluated with respect to the existing and planned land uses,
emerging land use trends, and regional accessibility. Measures will be recommended to
reduce or eliminate adverse land use effects.
Air Quality -- An air quality technical report will be prepared for the EIR by Giroux and
Associates (GA). The project will generate mobile source and heavy equipment emissions
during construction. Short-term effects include blowing dust and emissions from equipment,
worker commutes and haul trucks. VOCs will be produced from site paving and
architectural coatings. Emissions will be produced from facility operations and office
employees' and patrons' mobile sources.
Air quality impacts will be evaluated based on criteria of the CEQA Air Quality Handbook
and federal and state Ambient Air Quality Standards. Construction emissions will be
estimated using the URBEMIS7G air quality model and factors in AP-42 emissions
standards compiled by SCAQMD.
Operational emissions include those generated on- and off -site. Using details in both the
project description and traffic study, the air quality assessment will calculate emissions for
all criteria pollutants in project operations, including mobile sources and on- and off -site
emissions from space and water heating sources and electrical generation for on -site use. w
A CO microscale hot -spot analysis for intersections will be performed,based on traffic study
model results. Consistency /conformity with the AQMP will be addressed.
Mitigation measures will be presented for all significant effects. The cumulative analysis will
include ongoing and proposed projects occurring within the same time frame as the
proposed project. The air quality technical report will be summarized in the EIR text and
included in, the appendix to the document.
Noise -- A noise study is being prepared for the EIR by GA. Noise measurements will be
made at a variety of locations in the vicinity of the project site to describe existing noise
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levels and traffic mix in the project vicinity. Noise levels at the site generated by aircraft
operations from John Wayne Airport will be discussed. Community noise standards
relevant to this project are contained in the City Noise Element and Noise Ordinance.
These standards will be summarized and their relevance to the project discussed.
The potential noise impacts can be divided into short-term construction noise, impacts on
surrounding land uses, and on -site noise /land use compatibility. The application of the
City's Noise Ordinance to control construction noise will be discussed.
The noise impacts associated with project traffic on adjacent land uses will be assessed in
terms of the CNEL noise scale for the "without" project and the "with" project conditions.
Areas that will experience a significant noise increase will be identified. The absolute noise
levels experienced in these areas will then be determined, and the resulting land use /noise
compatibility discussed.
Noise levels generated by stationary sources (e.g. parking lots) will also be assessed for
compatibility with the proposed project land uses. Noise levels from stationary sources that
potentially impact noise sensitive land uses will be estimated. The City's Noise Ordinance
standards will be used to assess impacts. Based upon the cumulative baseline, the
cumulative noise impacts in the area including mobile as well as any stationary sources of
noise, will be assessed.
Mitigation for construction and /or operational impacts will be identified as necessary.
Residual impact, if any, would be compared with the impact criteria to assess adequacy of
any proposed mitigation measures. The noise study will be summarized in the EIR and
provided in its entirety as an appendix to the document.
Water Quality- -The project applicant will provide a hydrology and water quality impacts
analysis to MBA. Site drainage and surface water quality characteristics of the site and
receiving waters will be identified in the analysis. Requirements of the Regional Water
Quality Control Board and compliance with NPDES will also be addressed. Water quality
issues will be analyzed to the extent they are affected by the project and related projects.
More specifically, construction and long -term water quality impacts are issue areas that will
need to be addressed as part of a water quality management plan (WQMP) to be prepared by
the project applicant.
Such issues to be addressed and approved by the City in the WQMP include:
Shore based construction activities that could locally degrade water quality through an
increase in water turbidity, trash and debris, during runoff events or during dry weather
from storm drain flow into Newport Bay.
Water quality impacts associated with the construction of a boat dock in each project
scenario. These impacts would result from pile driving and /or hydrojetting dock
support pilings into the seafloor, and dredging, if necessary (including maintenance
dredging) associated with increasing water depths underneath the proposed boat dock.
Impacts could potentially include a local increase in water turbidity and resuspension of
sediment contaminants.
• Potential effects of long -term water impacts associated with runoff into Newport Bay
that would occur under each project scenario. These impacts would be associated
with wet weather and dry weather runoff.
The conformity of the project to current local, state, and federal water quality regulations
and integration of BMPs with project design will be discussed in the WQMP. Mitigation
measures for water quality impacts will be recommended, if needed as part of the WQMP."
MBA will summarize the WQMP in the EIR and offer it in its entirety as an appendix to the w
document.
Aesthetics — Project applicant will provide MBA with a photographic display with overlays
and /or visual simulations representing the massing of the proposed structures as would be
viewed from four (4) vantage points. Using this information, MBA will evaluate potential
glare impacts from construction and operation of the proposed project. Impacts associated
with shade and shadow, light and glare, alteration of the visual setting, and sensitivity of
view corridors will be assessed by MBA. Mitigation measures will be recommended, if
necessary, to reduce any significant impacts.
Public Services and Utilities - -MBA will coordinate with City staff and affected public
services and utility purveyors to assess the potential impacts of the proposed project. It is
anticipated that at least the following services and utility systems will be analyzed: Fire
Protection; Police Protection; Water; Sewer; Electricity; Natural Gas; Solid Waste; and
Parks /Recreation.
Letters will be sent to all service facility and utility agencies describing the project. Answers
will be requested, as appropriate, to document existing and planned facilities, current
usage, excess capacity, and needed improvements. The additional capacity required to
meet projected needs will be described. Anticipated impacts will be assessed and
appropriate mitigation measures will be recommended.
Additional EIR tasks include the following:
1. Discuss all significant unavoidable adverse impacts, in conformance with the State
CEQA Guidelines, Section 15126(b). Included in the discussion will be any impacts
that can be partially mitigated, but not to a level that is less than significant.
2. Include growth- inducing and cumulative impact evaluations in the EIR. To the extent
possible, the analysis will address known projects, either approved or proposed
within growth areas in the vicinity of the project. The boundaries of this area will be
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determined by the City and will be set prior to commencement of the Screencheck
EIR. The cumulative impact assessment will be based on adopted plans and /or
past, present and probable future projects that may, in combination with the
proposed project, create adverse environmental impacts.
3. Prepare the Alternatives section of the EIR based upon directives from City staff.
MBA will work closely with the project team to define the alternatives. MBA will
address the following alternatives to the proposed project: (1) No Proiect/No
Development Alternative - site remains in its current developed condition, pursuant
to current General Plan and Zoning; (2) No Project/Development pursuant to existing
General Plan Alternative — marine recreation facility to be defined by City and
including boat slips and on -site parking; and (3) Reduced Intensity Alternative — a
smaller hotel and a freestanding restaurant subject to General Plan Amendment and
Zoning Ordinance Amendment.
The alternatives must be analyzed in sufficient detail for comparison with the
proposed project. Each alternative must be evaluated with respect to each key
impact category reviewed for the proposed project.
4. MBA will also prepare other sections of the EIR, including CEQA- mandated topics
as follows:
• Table of Contents;
• Significant Irreversible Environmental Changes; r
• Effects Found Not to Be Significant;
• List of Organizations and Persons Consulted;
• Preparers of the Environmental Document;
• References; and
• Appendices.
5. Prepare up to eight (8) copies of the Screencheck EIR for review by City staffand
designated recipients.
Approximately 400 hours of MBA professional staff time are budgeted for preparation of the
Screencheck EIR.
Task 5. Revised Screencheck EIR and Draft EIR
The purpose of this task is to respond to staff comments on the Screencheck EIR,
complete necessary revisions, and publish and distribute the Draft EIR for public review.
The following approach will be used:
1. Coordinate with the City's EIR Project Manager who will assemble comments on,
and suggested revisions to, the Screencheck EIR. One set of unified comments will
be provided to MBA.
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2. Prepare an Executive Summary, presenting the significant conclusions of the EIR for
the project, in a manner that is easily understood by the public. A "summary table"
format will be used to identify the significant impacts and the effectiveness of the
recommended mitigation measures. A discussion of issues to be resolved and
issues subject to potential controversy, as required by CEQA, will be provided. A
summary of the alternatives and effects found not to be significant would also be
presented.
3. Prepare up to five (5) copies of the Second Screencheck EIR for submittal to the
City's EIR Project Manager and designated recipients for final "proof- check" review
before distribution to the public.
4. Following the City's proof -check review of the Revised Screencheck EIR, MBA will
make any additional minor revisions required and distribute up to a total of sixty (60)
copies of the Draft EIR to recipients on the approved Distribution List, inclusive of
the fifteen (15) copies required by the State Clearinghouse.
Task 6. Draft and Final Responses to Draft EIR Comments
The purpose of this task is to prepare written responses to comments received on the Draft
EIR that raise significant environmental issues, and submit them for the City's review after
the close of the public comment period. The responses to comments will be prepared
based on the requirements of the State and City CEQA requirements. The following
approach will be used:
1. The City's EIR Project Administrator will compile and transmit to MBA all written
comments on the Draft EIR.
2. MBA will confer with staff to review written comments on the Draft EIR and
comments from public meetings and hearings to develop a general framework -and
strategies for preparing responses.
3. MBA will submit up to five (5) copies of the Draft Responses to Comments for City
staff review. Based on staff review and suggested modifications, the responses will "
be finalized and three (3) copies and one unbound, photo -ready copy of the Final
Response to Comments will be submitted to the City. The responses will include a
separate section identifying any changes to the Draft EIR. Responses that are within
this proposal scope of work and budget proposal consist of explanations,
elaboration, or clarifications of the data contained in the Draft EIR corrections, with a
budgeted effort of up to 175 hours for management and technical staff in the task. If
substantial new analysis, issues, alternatives, or project changes need to be
addressed, or if effort exceeds the budget amount because of the number or
complexity of responses, a contract amendment may be requested. This task also
assumes that the applicant's consultants who prepared studies for the EIR will be
11 .°
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responsible in drafting responses to comments that pertain to their respective
specific issue areas (i.e., hydrology/water quality, geologic resources, etc.)
Task 7. Findings and Facts in Support of Findings and Statement of Overriding
Considerations
The purpose of this task is to satisfy statutory requirements for actions certifying the EIR,
pursuant to Section 15091 of the State CEQA Guidelines (Section 21081 of the CEQA
Statutes) and to Section 15093 of the State CEQA Guidelines. The following approach will
be used:
1. MBA will prepare Draft Findings and Facts in Support of Findings for each potential
significant effect identified in the EIR and prepare a Statement of Overriding
Considerations for the unavoidable significant impacts associated with the project.
As required by the State CEQA Guidelines, one of three findings must be made for
each significant effect and must be supported by substantial evidence in the record.
The Statement of Overriding Considerations will rely on consultation with the City
regarding the potential benefits of the project. MBA will submit one complete set via
e -mail and reproducible hard copy of the Draft Findings of Fact and Statement of
Overriding Considerations to the City's EIR Project Administrator for review. W
2. MBA's project manager will consult with City staff to review Draft Findings and Facts
in Support of Findings and Statement of Overriding Considerations (if needed) to
finalize document. MBA will submit one (1) complete set via e-mail and one (1)
reproducible hard copy of the Final Findings of Fact and the Statement of Overriding
Considerations to the City's EIR Project Administrator.
Task 8. Final EIR
MBA will reproduce and submit to the City twenty -five (25) copies of the Final EIR
consisting of the following volumes in loose -leaf binders: 1) Volume 1 —Draft EIR; 2) Volume
2— Technical Appendix and 3) Volume 3 -- Responses to Comments on Draft EIR. Included
among the 25 copies of Volume 3— Responses to Comments are those that MBA will
distribute in accordance with Section 21092(a) of the CEQA statutes to each public agency
that commented on the Draft EIR.
Task 9. Mitigation Monitoring and Reporting Plan
The purpose of this task is to comply with Public Resources Code Section 21081.6 as
mandated by Assembly Bill 3180 (Cortese 1988), by preparing a Mitigation Monitoring and
Reporting Plan (MMRP) for adoption at the time of the CEQA findings. MBA will use the
following approach:
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1. MBA will prepare and submit a Draft MMRP in accordance with the State and City
CEQA requirements. The MMRP will be designed to ensure compliance with the
mitigation measures that address significant impacts.
2. After City staff review and comment, MBA will finalize the MMRP and submit one (1)
complete copy via e-mail and reproducible hard copy.
Task 10. Public Meetings and Hearings
The purpose of this task is to be present at public meetings and hearings to develop an
understanding of the public's comments and concerns, to be available to answer questions
on environmental issues, and to make presentations on the EIR. The MBA Project
Manager and Traffic Consultant will attend up to six (6) public meetings or hearings to
conduct presentations regarding the EIR process and findings (and traffic study), and be
available to answer questions. The public meetings /hearings are EQAC (1), Planning
Commission study session (1), Planning Commission (1), and City Council (1).
Task 11. CEQA Notices
In addition to the NOP, MBA will prepare the Notice of Completion and Notice of Availability
to accompany the Draft EIR distribution. It is assumed that the City will file the Notice of
Determination, and distribute public meeting and hearing notices.
Schedule
Projects are considered successful when they are completed on time and within budget.
MBA places a strong emphasis on integrating schedule and budget issues into a cohesive
and successful plan that will result in the completion of a high - quality work product.
Project objectives, or milestones, need to be identified at the onset of the project through
an active exchange of goals and realistic objectives between MBA and the City of Newport
Beach. Once these milestones have been determined, dates are established for the
execution of each objective. These milestones and dates are entered into a project
management system called Microsoft Project, devised specifically for budget and schedule
tracking.
A preliminary schedule for the EIR is identified below. Following review and refinement by
the City, the schedule will be entered into the Microsoft Project system for use by MBA, the
City, and applicant.
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Milestone
Tentative Schedule
Meeks)
Sign contract/Kick -off Meeting
1
Scoping Meeting
3
Receipt of Technical Studies from Applicant/MBA
subconsultants
8
1S Screencheck DEIR Due
12
City Comments Due
14
2" Screencheck Due
16
City Comments Due
18
Draft EIR Due
20
Review Period Starts 45 days)
20
EQAC Study Session
24
Review Period Ends
26
Response to Comments and Findings Due
29
City Comments Due
31
Final Response to Comments Due
33
Planning Commission Study Session/Hearing #1
35
Planning Commission Study Session/Hearing #2
39
Final Findings Due
40
City Council Hearings
41-44
Final EIR
44
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
PROJECT FEES
Fees for preparation of the EIR for the Regent Newport Beach Resort Project are shown
below.
MBA Professional Fees
Task 1.
Project Definition and Organization
$3,000
Task 2.
Project Management and Meetings
9,800
Task 3.
Scoping Meeting
3,800
Task 4.
Screencheck EIR
42,800
Task 5.
Revised Screencheck Draft and Draft EIR
13,600
Task 6.
Draft and Final Responses to Draft EIR Comments
16,300
Task 7.
Findings and Facts in Support of Findings
and Statement of Overriding Considerations
3,500
Task 8.
Final EIR
5,800
Task 9.
Mitigation Monitoring and Reporting Plan
3,000
Task 10.
Public Meetings and Hearings
6,600
Task 11.
CEQA Notices
1,200
Total MBA Professional Fees $109.400
Subconsultants
Austin Foust Associates (Traffic/Parking) 33,000
Coastal Resources Management (Marine Resources) 19,800
Giroux and Associates (Air Quality /Noise) 6,000
(Administrative fee @ .10) 9,330
Total Subconsultant Fees $ 63.800
Direct Cost
Document Printing /Reprographics $ 17,500
Phone /fax, postage /delivery, mileage 1,900
(Administrative fee @.10) 1,940
Total Direct Costs $21,340
TOTAL FEE $194,540
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FEE ASSUMPTIONS
In determining MBA's fees for the proposed scope of work, the following assumptions
are made:
1. The identified EIR fees are based on Exhibit W, Scope of Work. Should
additional technical studies be required pursuant to EIR scoping or agency
comments, a contract amendment may be required.
2. Printing costs are based on the method of printing and binding proposed,
specific numbers of copies proposed as work products, and estimated page
lengths. Document printing costs are estimated and will need to be finalized at
the time of printing (SCEIR w /Appendices -$130, DEIR w /Appendices -$150,
Response to Comments -$40, Final EIR -$ 155).
4. The EIR scope may need to be adjusted after receipt of all NOP comments.
5. The EIR will be prepared to comply with CEQA.
6. This price is based on completion of the work within the proposed schedule. If
substantial delays occur, an amendment of the price may be warranted to
accommodate additional project management and other costs, and to reflect
adjustment for updated billing rates.
7. Costs have been allocated to tasks based on MBA's proposed approach.
During the work, MBA may, on its sole authority, reallocate costs among
tasks, as circumstances warrant, so long as the adjustments maintain the total
price within its authorized amount.
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EXHIBIT "C"
SCHEDULED BILLING RATES (HOURLY)
Jason Brandman, Senior Project Manager
Kara Palm, Asst. Project Manager
Ethan Yotter, Environmental Analyst
Kadee Haggins, Graphic Artist
Angel Penatch, Word Processor
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$130.00
$95.00
$60.00
$55.00
$60.00
c_33�9c��
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
September 9, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
BY THE CRY COUNCII
FROM: City Manager's Office ORY OF NEWPORr BEA
Sharon Wood, Assistant City Manager i> { LJj3
644 -3222, swood @city.newport- beach.ca.us
SUBJECT: Professional Services Agreement with Michael B
for Preparation of EIR on Regent Newport Beach (Marinapark)
APPLICANT NAME: Sutherland Talla Hospitality
RECOMMENDATION:
Approve and authorize the Mayor to execute the attached agreement to prepare the EIR
for a cost not to exceed $194,540.
DISCUSSION:
Background:
The City and Sutherland Talla Hospitality (STH) entered into an amended agreement for
proposed redevelopment of the Marinapark property on March 11, 2003. The City
Council also approved the project proposed by STH as the "project' for purposes of
compliance with the California Environmental Quality Act (CEQA). The agreement with
STH provides that the proposed project will be submitted to the voters of Newport
Beach after the City Council certifies an environmental impact report (EIR) for the
project.
City Council Policy K -3 establishes procedures for implementing CEQA, including the
use of consultant assistance in preparing EIRs. The Planning Director may use an
established list of qualified consultants or request proposals from more than one
consultant.
Analysis:
In this case, staff requested proposals from two consulting firms that we believe are
qualified to prepare the EIR for this project. Staff selected Michael Brandman
Agreement with MBA for EIR on Regent Newport Beach
September 9, 2003
Page 2
Associates (MBA) because their proposal shows the better understanding of areas of
potential impact and the relative importance of each area. MBA's proposal also
recognizes the high level of public interest in this project by including a reasonable
budget for responses to comments on the Draft EIR.
The attached agreement, including scope of services and budget, has been reviewed by
the City Attorney's Office, Planning staff and STH. Compensation for the EIR is not to
exceed $194,540, and the Draft EIR should be available for public review 20 weeks
after work begins. Consistent with the City's development review fees and the
amended agreement with STH, the applicant will be responsible for the cost of
preparing the EIR.
Submitted by:
Sharon Wood
Assistant City Manager
Attachment: Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of September, 2003, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as
"City "), and Michael Brandman Associates, whose address is 220 Commerce, Suite 200,
Irvine, California, 92602 (hereinafter referred to as "Consultant'), is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City desires to engage Consultant to prepare an Environmental Impact Report
pursuant to the California Environmental Quality Act (Project) upon the terms
and conditions contained in this Agreement.
C. The principal member of Consultant is, for purposes of this Project, Jason
Brandman.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires
to contract with Consultant under the terms and conditions provided in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties
as follows:
1. TERM
The term of this Agreement shall commence on the _ day of September, 2003, and
shall terminate on the 31St day of July, 2004, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of work,
attached hereto as Exhibit "A" and incorporated herein by reference. All work and
documents shall be prepared in accordance with and shall contain all items required by the
California Environmental Quality Act (CEQA), CEQA Implementing Guidelines and City of
Newport Beach ordinances and policies. Consultant shall furnish all environmental
1
documents and forms to City in electronic format, Microsoft Word 2000, or other format
acceptable to City.
2.1 If Consultant is requested by City to revise or supplement the draft or final
Environmental Impact Report, with additional data, information or analysis as a result of the
Environmental Impact Report's failure to comply with requirements of CEQA, Consultant
shall provide such revision or supplement at no additional cost to City provided that such
revisions are within the scope of work required in Exhibit "A ".
2.2 If changes to existing laws, rules, regulations or policies of any state, federal
or local governmental authority having jurisdiction over the project occur during the term of
this Agreement that require modification of the draft or final Environmental Impact Report,
Consultant will perform such additional services on a time- and - materials basis.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the schedule of compensation, attached hereto as Exhibit "B" and incorporated
herein by reference. No rate changes shall be made during the term of this Agreement -
without prior written approval of City. Consultant's compensation for all work performed in
accordance with this Agreement shall not exceed the total contract price of one hundred
ninety -four thousand five hundred forty dollars ($194,540).
3.1 Consultant shall maintain accounting records of its billings which include the
name of the employee, type of work performed, times and dates of all work which is billed
on an hourly basis and all approved incidental expenses including reproductions, computer
printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of the City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with scheduled billing rates, attached hereto as Exhibit "C" and incorporated herein by
reference.
3.4 City shall reimburse Consultant only for those costs or expenses which have
been specifically approved in this Agreement, or specifically approved in advance by City.
Such costs shall be limited to and shall include nothing more than the following costs
incurred by Consultant:
A. Approved document printing, reprographics, and reproduction charges.
B. Postage, delivery, and mileage charges.
2
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under this
Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who are
not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits, qualifications
and approvals required of its profession. Consultant further represents and warrants that it
shall keep in effect all such licenses, permits and other approvals during the term of this
Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control or
without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
employee of City. The manner and means of conducting the work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the
expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over the details
in means of performing the work provided that Consultant is compliance with the terms of
this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only with respect to the results of the services.
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6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies which may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Jason Brandman to be its Project
Manager. Consultant shall not bill any personnel to the Project other than those personnel
identified in Exhibit "C ", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement
person to the Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City. Consultant
warrants that it will continuously furnish the necessary personnel to complete the Project on
a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement.
Consultant shall perform services in timely manner as necessary for the City of Newport
Beach to comply with the milestones set forth in an Agreement between the City of
Newport Beach and Sutherland Talla Hospitality LLP executed on December 11, 2000,
amended on March 12, 2002, and last amended on March 11, 2003, and the submittal and
processing requirements of the Permit Streamlining Act. The failure by Consultant to
provide services in such timely manner may result in termination of this Agreement by City,
and the assessment of damages against Consultant for delay. Notwithstanding the
foregoing, Consultant shall not be responsible for delays which are due to causes beyond
Consultant's reasonable control. However, in the case of any such delay in the services to
be provided for the Project, each party hereby agrees to provide notice to the other party so
that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance in
writing to the Project Administrator not later than ten (10) calendar days after the start of
the condition which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's
control.
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8.2 For all time periods not specifically set forth herein, Consultant shall respond
in the most expedient and appropriate manner under the circumstances, by either
telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project direction
with the Project Administrator in advance of all critical decision points in order to ensure
that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal laws, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or are
desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all acts or omissions of
Consultant, its employees, agents or subcontractors in the performance of services or work
conducted or performed pursuant to this Agreement. This indemnity shall apply even in the
event of negligence of City, or its employees, or other contractors, excepting only the sole
negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action on or
to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the term
of this Agreement policy or policies of liability insurance of the type and amounts described
below and satisfactory to City. Certification of all required policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must be filed with City
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prior to exercising any right or performing any work pursuant to this Agreement. Except
workers compensation, all insurance policies shall add City, its elected officials, officers,
agents, representatives and employees as additional insured for all liability arising from
Consultant's services as described herein.
All insurance policies shall be issued by an insurance company currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California,
and with the exception of worker's compensation insurance policy, shall have an assigned
policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Bests Key Rating Guide unless otherwise approved by
the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of One
Million Dollars ($1,000,000) combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial general liability
insurance or other form with a general aggregate is used, either the general
aggregate shall apply separately to this Project, or the general aggregate limit
shall be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of One Million Dollars
($1,000,000) combined single limit per accident for bodily injury and property
damage.
D. Professional errors and omissions insurance that covers the services to be
performed in connection with this Agreement in the minimum amount of One
Million Dollars ($1,000,000), if available.
Said policy or policies shall be endorsed to state that coverage shall not be canceled
or materially altered by either party, except after thirty (30) days' prior notice has been
given in writing to City. Consultant shall give City prompt and timely notice of claim made
or suit instituted arising out of Consultant's operation hereunder. Consultant shall also
procure and maintain, at its own cost and expense, any additional kinds of insurance, which
in its own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that, in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of
any insurer providing comprehensive general and automotive liability insurance to either
Consultant or City with respect to the services of Consultant herein, a waiver of any right of
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subrogation which any such insurer of said Consultant may acquire against City by virtue of
the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any
of the services to be performed under this Agreement, directly or indirectly, by operation of
law or otherwise without prior written consent of City. Any attempt to do so without consent
of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and :-
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venture or syndicate member or co- tenant if Consultant is a partnership or joint- venture or
syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or more
of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation,
partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection
with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant pursuant
to this Agreement are not intended or represented to be suitable for reuse by City or others
on any other project. Any use of completed documents for other projects and any use of
incomplete documents without specific written authorization from Consultant will be at
City's sole risk and without liability to Consultant. Further, any and all liability arising out of
changes made to Consultant's deliverables under this Agreement by City or persons other
than Consultant is waived against Consultant and City assumes full responsibility for such
changes unless City has given Consultant prior notice and has received from Consultant
written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy of all
existing record information on file at City. Consultant shall be entitled to rely upon the
accuracy of information provided by City without independent review or evaluation. City will
provide all such materials in a timely manner so as not to cause delays in Consultant's work
schedule.
18. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Sharon Z. Wood,
Assistant City Manager, shall be considered the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate records
with respect to the costs incurred under this Agreement. All such records shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records during normal business hours. Consultant shall allow
inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to
pay according to the terms of this Agreement. Consultant shall not discontinue work as a
result of such withholding. Consultant shall have an immediate right to appeal to the City
Manager or his designee with respect to such disputed sums. Consultant shall be entitled
to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from
the date of withholding of any amounts found to have been improperly withheld.
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.
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22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
of this Agreement by City. Consultant shall indemnify and hold harmless City
for any and all claims for damages resulting from Consultant's violation of this
Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in this
Agreement shall not be assigned, transferred, contracted or subcontracted without prior
written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall
be given in writing and conclusively shall be deemed served when delivered personally or
on the third business day after the deposit thereof in the United States mail, postage
prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Sharon Z. Wood
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3200
Fax 644 -3350
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
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Jason Brandman
220 Commerce, Suite 200
Irvine, California 92602
(925) 730 -0061
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions hereof
at the time and in the manner required hereunder, that party shall be deemed in default in
the performance of this Agreement. If such default is not cured within a period of two (2)
days, or if more than two (2) days are reasonably required to cure the default and the
defaulting party fails to give adequate assurance of due performance within two (2) days
after receipt of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the nondefaulting party may terminate the Agreement
forthwith by giving to the defaulting party written notice thereof.
27. City shall have the option, at its sole discretion and without cause, of W
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to the Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
28. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
30. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and employees against
liability, including costs, for infringement of any United States letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and specifications provided under
this Agreement.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
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agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
day and year first written above.
APPROVED AS TO FORM:
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Robin Clauson
Assistant City Attorney for the
City of Newport Beach
ATTEST:
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LaVonne Harkless
City Clerk
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CITY OF NEWPORT BEACH
A Municipal Corporation
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Homer L. Bludau
City Manager for the
City of Newport Beach
CONSULTANT
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Michael Brandman Associates
EXHIBIT "A"
SCOPE OF WORK
Scope of Work
General Instructions
MBA recognizes the importance of coordination and communication in the EIR process for
the Regent Newport Beach Resort project and General Plan Amendment (GPA). The
scope of work and fees outlined in this proposal take into account coordination and
communication with the following key players in the project:
• City of Newport Beach
• Project Applicant (e.g., Project Representatives)
• MBA Project Team (i.e., traffic, marine resources, air quality, noise, etc.)
More importantly, MBA is committed to being a working partner with City staff. MBA is
prepared to take responsibility for project initiation and organization, preparation and
processing of CEQA notices, data compilation, impact assessment, development of 7
mitigation measures, report compilation and distribution, response to public comments,
public meetings and hearing attendance, coordination with City staff, the project
representatives, and the MBA Project Team, preparation of the findings of fact, preparation
of the statement of overriding considerations (if required), and preparation of a mitigation
monitoring plan.
Report format and content will be in full compliance with CEQA, the State CEQA
Guidelines, and City of Newport Beach environmental guidelines. The EIR organization will
include those items identified in discussions with City staff, including a description of the
setting, identification of thresholds of significance, impacts, mitigation measures, and level
of significance after mitigation. Text will be supplemented with graphics and summary
tables, as necessary, to present information in a concise and easily understood format.
Work products will consist of professionally photocopied reports in comb bindings, unless
other specific approaches are proposed.
The proposed scope of work that follows has been organized into major tasks and is in
addition to the Professional Services Agreement entered into on August 11, 2003. --
Refinements to the scope of work, budget, and project schedule will be discussed during
the initial task, if needed.
This scope of work outline identifies the major tasks and project related deliverables
associated with the EIR. The cost for preparation of the EIR is allocated among tasks as
defined in the sections that follow.
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Task 1. Project Definition and Organization
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The purpose of this task is to obtain the information necessary to prepare complete
"project" and "alternatives" descriptions. It includes crafting measurable project objectives.
In order to establish early communication among various project team members, consisting
of City staff, project representatives, Project Managers for the EIR, and to establish project
expectations with respect to policy concerns for the Project, MBA will use the following w
approach:
Attend initial orientation meeting with City staff, project representatives, and the MBA
Project Manager to determine which elements will be included in descriptions of the
project and alternatives to the proposed project. It is agreed that the project is a
110 -room hotel, a Girl Scout facility and community center, a public tot park, public
tennis courts, public parking lot, public and private boat slips, public beach, and
renovation of the existing American Legion facility.
Receive complete project information, which will be used to develop the EIR project
and alternatives descriptions. City will provide project objectives and narrative
program description. Subsequent contemplated actions pursuant to the EIR will be
defined in the document and will include closure of the mobile home park,
establishment of the tidelands boundary, and lease of the property by the City to the
Project proponent.
• Receive all existing reference and research materials related to the project, the
project site, and the vicinity, including base maps and aerial photographs.
Review reference material provided by the project team. Expand and refine the list ~:
of information needs. Distribute, as appropriate, to EIR Project team members.
Task 2. Project Management, General Coordination and Meetings
The purpose of this task is to manage the EIR preparation effort and to maintain close
communication between City staff, project team members, and the project representatives.
This task is also intended to ensure that the project is running on time and within budget
and technically correct and legally defensible. This is a key element to the project because
of the necessity to maintain clear lines of communication between MBA, the project team,
and the City. The following approach will be used:
1. Communicate with the project team members and City staff for compliance with the
scope of work, schedule and budget. Coordinate the team's work and provide
management liaison between the project team and City for communication issues,
transmittal of comments, financial management (e.g., invoices) and other project
management matters.
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2. Attend project coordination meetings with City Staff. The proposed scope of work
and budget includes eight (8) project meetings attended by MBA's EIR Project
Manager, two (2) of which will be attended by MBA's traffic consultant. Other
meetings may be attended on a time - and - materials basis.
Task 3. Scoping Process
MBA will coordinate with City staff to participate in a scoping meeting for the proposed
project. MBA will draft the notice for the City to distribute, including those individuals and
agencies that received the IS /NOP. MBA will coordinate with the City to determine the
format, strategies, and content of the scoping presentation. The primary focus of MBA's
presentation will be to explain the environmental review process and describe the
preliminary issues that will be addressed in the environmental document and receive input
from attendees. Comments received at the scoping meeting will be summarized in a brief
memorandum to the City. The presentation may, at the request of the City, include
graphics and handouts that describe environmental issues and processes.
Task 4. Screencheck EIR
The purpose of this task is to prepare a comprehensive and legally defensible EIR for the
City. The following approach will be used:
1. Prepare the project description section of the EIR, including regional and local
setting, project history, project objectives, and project characteristics. The project
description should also identify all discretionary actions required by the City of
Newport Beach, Orange County, and state, regional and federal resource agencies
with responsibilities over aspects of the project.
2. MBA shall prepare a narrative on the intended uses of the EIR, as required by
Section 15124(d) of the State CEQA Guidelines, including, but not limited to a list of
responsible and other agencies expected to use the EIR in decision- making.
3. Identify reasonable anticipated actions /related projects likely to occur that may result
in cumulative impacts when combined with the proposed project. These potential
projects will be identified by the City and will be considered by MBA throughout the
cumulative impact evaluation. The study area and reasonably foreseeable projects
to be considered will be defined by the City upon receipt of the formal project
description information and are not anticipated to change the effort and budget
allocated to cumulative impact analysis thereafter. Review and refinement of the list
of projects may occur up to the Draft EIR. These potential projects /actions will be
reviewed for appropriateness and will be considered throughout the impact
evaluation.
4. Document baseline conditions and establish thresholds of significance for all
relevant environmental issues (in coordination with the City of Newport Beach) for
the 110 -room hotel. Identify Effects Found Not to be Significant, in accordance with
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Section 15128 of the State CEQA Guidelines, with brief explanations, conduct
impact evaluations, and formulate mitigation measures. MBA anticipates that the
following environmental issues will result in no significant impacts:
• Agricultural Resources
• Energy and Mineral Resources
• Population and Housing
• Cultural Resources
• Hazards
Though not anticipated to be potentially significant in the Initial Study, population and
housing issues may nonetheless be carried forward for discussion in the EIR text, if
determined necessary during this phase due to the removal /relocation of existing mobile
home residents.
Specific topical areas to be addressed on a project - specific and cumulative basis in the EIR
are as follows:
Geology and Soils- -The potential for impacts from soil or geological conditions onsite or in
the project vicinity will be evaluated for the construction of the project. This section will
emphasize geotechnical hazards, seismicity of the area, potential for liquefaction and
subsidence, and erosion. The analysis will be based on a technical report that is assumed
to be prepared by the project applicant, and adequate for CEQA purposes upon its receipt.
Appropriate mitigation measures will be recommended, if necessary. This report will be
summarized in the EIR and included in its entirety as an appendix to the document. 7.
Biological Resources -- Coastal Resources Management (CRM) will provide marine
resources assessment for the proposed project scenarios. The purpose of the marine
resources assessment is to evaluate the potential short and long -term effects of the project
development on the marine life and marine habitats of Newport Bay from implementation of
the proposed project scenarios.
Issue areas to be addressed in the assessment include:
• Existing marine habitats and biological communities within or nearby the project
area;
• Sensitive, rare, threatened, or endangered species within or nearby the project
area;
• Effects of additional pollutants due to increased runoff caused by the project;
• Potential changes in biological productivity caused by beach recreational activity
and structures, wet weather and dry weather runoff, or decrease in light entering
the water due to shadowing (new buildings);
• Construction /operational effects of new structures (docks and gangways) on the
marine environment
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The following identifies the tasks to be completed as part of the assessment:
1. Conduct a marine biological field survey.
CRM will conduct a field survey at the proposed development site. This survey will
be conducted to gain an understanding of the existing site conditions, the locations
of existing storm drains, and the general types of marine flora and fauna living within
the project area. Photographs of the project site will be taken and included in the
project report. Underwater video will also be taken. An underwater survey will be
conducted to document the presence or absence of eelgrass (Zostera marina),
which is an important invertebrate and fish nursery habitat
2. Prepare a draft Marine Resources Assessment.
CRM will conduct a review of the available marine biological data for the local area :-
to be used as background and historical information. Based upon the results of the
reconnaissance survey at the project site, the available data base of historical
information, and project design plans, storm water runoff plans, and other project
documents, CRM will analyze potential project impacts on the marine biological
resources of the project area and the surrounding marine environment.
Potential environmental impacts of the project on marine resources (marine plants,
invertebrates, fishes, marine mammals, seabirds, federally and state - listed marine -
associated species, sensitive habitats) will be evaluated. Where significant impacts
have been identified, mitigation measures to reduce the level of impact to less -than-
significant will be provided.
This marine resources assessment will be summarized in the EIR and provided in its
entirety as an appendix to the document.
Transportation /Circulation -- Austin Foust Associates (AFA) will prepare a traffic study
analyzing the project indicated in Task 1 and necessary to comply with the City's Traffic
Phasing Ordinance (TPO) and the Congestion Management Plan (CMP). Traffic count data
is available for most of the key intersections and roadways in the study area (the study area
is anticipated to include up to 12 intersections and 15 roadway links). The following
outlines the tasks associated with preparation of the traffic analysis:
1. Existing Site Conditions
A study area will be defined and traffic counts carried out for the study area
intersections and roadway links. At this time, it is estimated that the study area will
include up to 12 intersections and 15 roadway links.
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2.
3.
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Project Definition and Trip Generation
In this task, the proposed project will be defined and trip generation estimates w
agreed upon with City Staff. Issues will be addressed such as trip generation (e.g.
resort hotel versus a non -resort hotel), current entitlement versus currently built
development, and trip generation characteristics of specific uses (e.g., the
community center, a Girl Scout facility, a public tot park, public tennis courts, public
parking lot, public and private boat slips, public beach, a renovated American Legion
facility, other replacement facilities, and the marina dock space). The results will
provide a description of the traffic characteristics of the project. j
Short-Range Analysis
To identify short-range project impacts, the project will be analyzed using the City's
TPO procedure. Current entitlements will be considered as part of the background
traffic, and impacts of project -added traffic will be determined. Potential mitigation
measures will be identified as appropriate.
Long -Range Impact Analysis
In this task, the long -range version of NBTAM will be used to analyze project
impacts and cumulative impacts of adopted plans and other past, present and
probable projects reflected in NBTAM. Traffic forecasts will be prepared for the
proposed project with both ADT and peak hour intersection data being prepared.
Level of service analyses will be carried out and project impacts determined
accordingly. A traffic improvement program will then be developed which addresses
project impacts and mitigation. Work sessions will be held with City Staff to discuss
the results and determine a suitable transportation improvement program for any
subsequent General Plan Amendment proposed to accommodate development of
the project.
Parking Analysis
This task will evaluate parking needs in relation to City code requirements and the
parking proposed for each alternative. AFA will also investigate uses in the
immediate vicinity with which the hotel may share parking.
Traffic Study Preparation.
AFA will prepare a draft study that details all of the above - mentioned items including
our analysis, findings and conclusions. The draft report will be suitably documented
with tabular, graphic and appendix material. The draft report will be submitted to the --
client for review and comment, and then revised if necessary. This report will be
summarized in the EIR and provided in its entirety in the appendix to the document.
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Land Use and Planning -- Existing land uses in the vicinity of the project will be identified
and validated by a field visit and photo reconnaissance. An existing land use map, and
General Plan and Zoning Map will be presented in the EIR. The EIR will evaluate the
proposed land uses in relation to the City General Plan (all Elements), the Land Use Plan
of the Local Coastal Program, and the proposed GPA and Planned Community
Development Plan, regional (e.g. SCAG and SCAQMD) and state (e.g. California Coastal
Act) plans and policies for the site (e.g. State Tidelands) and surrounding area.
Compatibility with surrounding uses, potential conflicts with the General Plan and zoning
regulations, and consistency with relevant plans and policies, and loss /relocation of existing
uses will be addressed. Environmental impacts associated with the proposed closure of.
the mobile home park will be evaluated based on information provided by the City.
Cumulative land use effects will be considered within the context of adopted plans and
other past, present and probable future projects. Density, interrelationship of uses, and
environmental impacts will be addressed from a land use impact perspective. The
proposed project will be evaluated with respect to the existing and planned land uses,
emerging land use trends, and regional accessibility. Measures will be recommended to w
reduce or eliminate adverse land use effects.
Air Quality— An air quality technical report will be prepared for the EIR by Giroux and
Associates (GA). The project will generate mobile source and heavy equipment emissions
during construction. Short -term effects include blowing dust and emissions from equipment,
worker commutes and haul trucks. VOCs will be produced from site paving and
architectural coatings. Emissions will be produced from facility operations and office
employees' and patrons' mobile sources.
Air quality impacts will be evaluated based on criteria of the CEQA Air Quality Handbook
and federal and state Ambient Air Quality Standards. Construction emissions will be
estimated using the URBEMIS7G air quality model and factors in AP-42 emissions
standards compiled by SCAQMD.
Operational emissions include those generated on- and off -site. Using details in both the
project description and traffic study, the air quality assessment will calculate emissions for
all criteria pollutants in project operations, including mobile sources and on- and off -site
emissions from space and water heating sources and electrical generation for on -site use.
A CO microscale hot -spot analysis for intersections will be performed based on traffic study
model results. Consistency /conformity with the AQMP will be addressed.
Mitigation measures will be presented for all significant effects. The cumulative analysis will
include ongoing and proposed projects occurring within the same time frame as the
proposed project. The air quality technical report will be summarized in the EIR text and
included in the appendix to the document.
Noise -- A noise study is being prepared for the EIR by GA. Noise measurements will be
made at a variety of locations in the vicinity of the project site to describe existing noise
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levels and traffic mix in the project vicinity. Noise levels at the site generated by aircraft
operations from John Wayne Airport will be discussed. Community noise standards _-
relevant to this project are contained in the City Noise Element and Noise Ordinance.
These standards will be summarized and their relevance to the project discussed.
The potential noise impacts can be divided into short -term construction noise, impacts on
surrounding land uses, and on -site noise /land use compatibility. The application of the
City's Noise Ordinance to control construction noise will be discussed.
The noise impacts associated with project traffic on adjacent land uses will be assessed in
terms of the CNEL noise scale for the "without" project and the "with" project conditions.
Areas that will experience a significant noise increase will be identified. The absolute noise
levels experienced in these areas will then be determined, and the resulting land use /noise
compatibility discussed.
Noise levels generated by stationary sources (e.g. parking lots) will also be assessed for
compatibility with the proposed project land uses. Noise levels from stationary sources that
potentially impact noise sensitive land uses will be estimated. The City's Noise Ordinance
standards will be used to assess impacts. Based upon the cumulative baseline, the
cumulative noise impacts in the area including mobile as well as any stationary sources of
noise, will be assessed.
Mitigation for construction and /or operational impacts will be identified as necessary.
Residual impact, if any, would be compared with the impact criteria to assess adequacy of 7.
any proposed mitigation measures. The noise study will be summarized in the EIR and
provided in its entirety as an appendix to the document.
Water Quality- -The project applicant will provide a hydrology and water quality impacts
analysis to MBA. Site drainage and surface water quality characteristics of the site and
receiving waters will be identified in the analysis. Requirements of the Regional Water
Quality Control Board and compliance with NPDES will also be addressed. Water quality
issues will be analyzed to the extent they are affected by the project and related projects.
More specifically, construction and long -term water quality impacts are issue areas that will
need to be addressed as part of a water quality management plan (WQMP) to be prepared by
the project applicant.
Such issues to be addressed and approved by the City in the WQMP include:
• Shore based construction activities that could locally degrade water quality through an
increase in water turbidity, trash and debris, during runoff events or during dry weather
from storm drain flow into Newport Bay.
• Water quality impacts associated with the construction of a boat dock in each project
scenario. These impacts would result from pile driving and /or hydrojetting dock
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support pilings into the seafloor, and dredging, if necessary (including maintenance
dredging) associated with increasing water depths underneath the proposed boat dock.
Impacts could potentially include a local increase in water turbidity and resuspension of
sediment contaminants.
Potential effects of long-term water impacts associated with runoff into Newport Bay
that would occur under each project scenario. These impacts would be associated
with wet weather and dry weather runoff.
The conformity of the project to current local, state, and federal water quality regulations
and integration of BMPs with project design will be discussed in the WQMP. Mitigation
measures for water quality impacts will be recommended, if needed as part of the WQMP.
MBA will summarize the WQMP in the EIR and offer it in its entirety as an appendix to the
document.
Aesthetics— Project applicant will provide MBA with a photographic display with overlays
and /or visual simulations representing the massing of the proposed structures as would be
viewed from four (4) vantage points. Using this information, MBA will evaluate potential
glare impacts from construction and operation of the proposed project. Impacts associated
with shade and shadow, light and glare, alteration of the visual setting, and sensitivity of
view corridors will be assessed by MBA. Mitigation measures will be recommended, if
necessary, to reduce any significant impacts.
Public Services and Utilities - -MBA will coordinate with City staff and affected public
services and utility purveyors to.assess the potential impacts of the proposed project. It is
anticipated that at least the following services and utility systems will be analyzed: Fire
Protection; Police Protection; Water; Sewer; Electricity; Natural Gas; Solid Waste; and
Parks /Recreation.
Letters will be sent to all service facility and utility agencies describing the project. Answers
will be requested, as appropriate, to document existing and planned facilities, current
usage, excess capacity, and needed improvements. The additional capacity required to
meet projected needs will be described. Anticipated impacts will be assessed and
appropriate mitigation measures will be recommended.
Additional EIR tasks include the following:
Discuss all significant unavoidable adverse impacts, in conformance with the State
CEQA Guidelines, Section 15126(b). Included in the discussion will be any impacts
that can be partially mitigated, but not to a level that is less than significant.
2. Include growth- inducing and cumulative impact evaluations in the EIR. To the extent
possible, the analysis will address known projects, either approved or proposed
within growth areas in the vicinity of the project. The boundaries of this area will be
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determined by the City and will be set prior to commencement of the Screencheck
EIR. The cumulative impact assessment will be based on adopted plans and /or
past, present and probable future projects that may, in combination with the
proposed project, create adverse environmental impacts. k
3. Prepare the Alternatives section of the EIR based upon directives from City staff.
MBA will work closely with the project team to define the alternatives. MBA will
address the following alternatives to the proposed project: (1) No Project/No
Develooment Alternative - site remains in its current developed condition, pursuant
to current General Plan and Zoning; (2) No Project/Development pursuant to existing
General Plan Alternative — marine recreation facility to be defined by City and
including boat slips and on -site parking; and (3) Reduced Intensity Alternative — a
smaller hotel and a freestanding restaurant subject to General Plan Amendment and
Zoning Ordinance Amendment.
The alternatives must be analyzed in sufficient detail for comparison with the
proposed project. Each alternative must be evaluated with respect to each key
impact category reviewed for the proposed project.
4. MBA will also prepare other sections of the EIR, including CEQA- mandated topics
as follows:
• Table of Contents;
• Significant Irreversible Environmental Changes;
• Effects Found Not to Be Significant;
• List of Organizations and Persons Consulted;
• Preparers of the Environmental Document;
• References; and
• Appendices.
5. Prepare up to eight (8) copies of the Screencheck EIR for review by City staff and
designated recipients.
Approximately 400 hours of MBA professional staff time are budgeted for preparation of the
Screencheck EIR.
Task 5. Revised Screencheck EIR and Draft EIR
The purpose of this task is to respond to staff comments on the Screencheck EIR,
complete necessary revisions, and publish and distribute the Draft EIR for public review.
The following approach will be used:
1. Coordinate with the City's EIR Project Manager who will assemble comments on,
and suggested revisions to, the Screencheck EIR. One set of unified comments will
be provided to MBA.
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2. Prepare an Executive Summary, presenting the significant conclusions of the EIR for
the project, in a manner that is easily understood by the public. A "summary table"
format will be used to identify the significant impacts and the effectiveness of the
recommended mitigation measures. A discussion of issues to be resolved and
issues subject to potential controversy, as required by CEQA, will be provided. A
summary of the alternatives and effects found not to be significant would also be
presented.
3. Prepare up to five (5) copies of the Second Screencheck EIR for submittal to the
City's EIR Project Manager and designated recipients for final "proof- check" review
before distribution to the public.
4. Following the City's proof -check review of the Revised Screencheck EIR, MBA will
make any additional minor revisions required and distribute up to a total of sixty (60)
copies of the Draft EIR to recipients on the approved Distribution List, inclusive of
the fifteen (15) copies required by the State Clearinghouse.
Task 6. Draft and Final Responses to Draft EIR Comments
The purpose of this task is to prepare written responses to comments received on the Draft
EIR that raise significant environmental issues, and submit them for the City's review after
the close of the public comment period. The responses to comments will be prepared
based on the requirements of the State and City CEQA requirements. The following
approach will be used:
1. The City's EIR Project Administrator will compile and transmit to MBA all written
comments on the Draft EIR.
2. MBA will confer with staff to review written comments on the Draft EIR and
comments from public meetings and hearings to develop a general framework and
strategies for preparing responses.
3. MBA will submit up to five (5) copies of the Draft Responses to Comments for City
staff review. Based on staff review and suggested modifications, the responses will
be finalized and three (3) copies and one unbound, photo -ready copy of the Final
Response to Comments will be submitted to the City. The responses will include a
separate section identifying any changes to the Draft EIR. Responses that are within
this proposal scope of work and budget proposal consist of explanations,
elaboration, or clarifications of the data contained in the Draft EIR corrections, with a
budgeted effort of up to 175 hours for management and technical staff in the task. If
substantial new analysis, issues, alternatives, or project changes need to be
addressed, or if effort exceeds the budget amount because of the number or
complexity of responses, a contract amendment may be requested. This task also
assumes that the applicant's consultants who prepared studies for the EIR will be
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responsible in drafting responses to comments that pertain to their respective
specific issue areas (i.e., hydrology /water quality, geologic resources, etc.)
Task 7. Findings and Facts in Support of Findings and Statement of Overriding
Considerations
The purpose of this task is to satisfy statutory requirements for actions certifying the EIR,
pursuant to Section 15091 of the State CEQA Guidelines (Section 21081 of the CEQA
Statutes) and to Section 15093 of the State CEQA Guidelines. The following approach will
be used:
1. MBA will prepare Draft Findings and Facts in Support of Findings for each potential
significant effect identified in the EIR and prepare a Statement of Overriding
Considerations for the unavoidable significant impacts associated with the project.
As required by the State CEQA Guidelines, one of three findings must be made for
each significant effect and must be supported by substantial evidence in the record.
The Statement of Overriding Considerations will rely on consultation with the City
regarding the potential benefits of the project. MBA will submit one complete set via
e -mail and reproducible hard copy of the Draft Findings of Fact and Statement of
Overriding Considerations to the City's EIR Project Administrator for review.
2. MBA's project manager will consult with City staff to review Draft Findings and Facts
in Support of Findings and Statement of Overriding Considerations (if needed) to
finalize document. MBA will submit one (1) complete set via e-mail and one (1)
reproducible hard copy of the Final Findings of Fact and the Statement of Overriding
Considerations to the City's EIR Project Administrator.
Task 8. Final EIR
MBA will reproduce and submit to the City twenty -five (25) copies of the Final EIR
consisting of the following volumes in loose -leaf binders: 1) Volume 1- -Draft EIR; 2) Volume
2 -- Technical Appendix and 3) Volume 3 -- Responses to Comments on Draft EIR. Included
among the 25 copies of Volume 3 -- Responses to Comments are those that MBA will
distribute in accordance with Section 21092(a) of the CEQA statutes to each public agency
that commented on the Draft EIR.
Task 9. Mitigation Monitoring and Reporting Plan
The purpose of this task is to comply with Public Resources Code Section 21081.6 as
mandated by Assembly Bill 3180 (Cortese 1988), by preparing a Mitigation Monitoring and
Reporting Plan (MMRP) for adoption at the time of the CEQA findings. MBA will use the
following approach:
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1. MBA will prepare and submit a Draft MMRP in accordance with the State and City
CEQA requirements. The MMRP will be designed to ensure compliance with the
mitigation measures that address significant impacts.
2. After City staff review and comment, MBA will finalize the MMRP and submit one (1)
complete copy via e-mail and reproducible hard copy.
Task 10. Public Meetings and Hearings
The purpose of this task is to be present at public meetings and hearings to develop an
understanding of the public's comments and concerns, to be available to answer questions
on environmental issues, and to make presentations on the EIR. The MBA Project
Manager and Traffic Consultant will attend up to six (6) public meetings or hearings to
conduct presentations regarding the EIR process and findings (and traffic study), and be
available to answer questions. The public meetings /hearings are EQAC (1), Planning
Commission study session (1), Planning Commission (1), and City Council (1).
Task 11. CEQA Notices
In addition to the NOP, MBA will prepare the Notice of Completion and Notice of Availability
to accompany the Draft EIR distribution. It is assumed that the City will file the Notice of
Determination, and distribute public meeting and hearing notices.
Schedule
Projects are considered successful when they are completed on time and within budget.
MBA places a strong emphasis on integrating schedule and budget issues into a cohesive
and successful plan that will result in the completion of a high - quality work product.
Project objectives, or milestones, need to be identified at the onset of the project through
an active exchange of goals and realistic objectives between MBA and the City of Newport
Beach. Once these milestones have been determined, dates are established for the
execution of each objective. These milestones and dates are entered into a project
management system called Microsoft Project, devised specifically for budget and schedule
tracking.
A preliminary schedule for the EIR is identified below. Following review and refinement by
the City, the schedule will be entered into the Microsoft Project system for use by MBA, the
City, and applicant.
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Milestone
Tentative Schedule
jWeeks
Sign contract/Kick -off Meeting
1
Scoping Meeting
3
Receipt of Technical Studies from Applicant/MBA
subconsultants
8
15 Screencheck DEIR Due
12
City Comments Due
14
25, Screencheck Due
16
City Comments Due
18
Draft EIR Due
20
Review Period Starts 45 days)
20
EQAC Study Session
24
Review Period Ends
26
Response to Comments and Findings Due
29
City Comments Due
31
Final Response to Comments Due
33
Planning Commission Study Session/Hearing #1
35
Planning Commission Study Session/Hearing #2
39
Final Findings Due
40
City Council Hearings
41-44
Final EIR
44
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
PROJECT FEES
Fees for preparation of the EIR for the Regent Newport Beach Resort Project are shown
below.
MBA Professional Fees
Task 1.
Project Definition and Organization
$3,000
Task 2.
Project Management and Meetings
9,800
Task 3.
Scoping Meeting
3,800
Task 4.
Screencheck EIR
42,800
Task 5.
Revised Screencheck Draft and Draft EIR
13,600
Task 6.
Draft and Final Responses to Draft EIR Comments
16,300
Task 7.
Findings and Facts in Support of Findings
and Statement of Overriding Considerations
3,500
Task 8.
Final EIR
5,800
Task 9.
Mitigation Monitoring and Reporting Plan
3,000
Task 10.
Public Meetings and Hearings
6,600
Task 11.
CEQA Notices
1,200
Total MBA Professional Fees $109,400
Subconsultants
Austin Foust Associates (Traffic /Parking) 33,000
Coastal Resources Management (Marine Resources) 19,800
Giroux and Associates (Air Quality /Noise) 6,000
(Administrative fee @ .10) 9,330 LL
Total Subconsultant Fees $ 63,800
Direct Cost
Document Printing /Reprographics
$ 17,500
Phone /fax, postage /delivery, mileage
1,900
(Administrative fee @.10)
1,940
Total Direct Costs $21,340
TOTAL FEE $194,540
FEE ASSUMPTIONS
In determining MBA's fees for the proposed scope of work, the following assumptions
are made:
1. The identified EIR fees are based on Exhibit "A ", Scope of Work. Should
additional technical studies be required pursuant to EIR scoping or agency
comments, a contract amendment may be required.
2. Printing costs are based on the method of printing and binding proposed,
specific numbers of copies proposed as work products, and estimated page
lengths. Document printing costs are estimated and will need to be finalized at
the time of printing (SCEIR w /Appendices -$130, DEIR w /Appendices -$150,
Response to Comments -$40, Final EIR -$ 155).
4. The EIR scope may need to be adjusted after receipt of all NOP comments.
5. The EIR will be prepared to comply with CEQA.
6. This price is based on completion of the work within the proposed schedule. If
substantial delays occur, an amendment of the price may be warranted to
accommodate additional project management and other costs, and to reflect
adjustment for updated billing rates.
7. Costs have been allocated to tasks based on MBA's proposed approach.
During the work, MBA may, on its sole authority, reallocate costs among
tasks, as circumstances warrant, so long as the adjustments maintain the total
price within its authorized amount.
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EXHIBIT "C"
SCHEDULED BILLING RATES (HOURLY)
Jason Brandman, Senior Project Manager
Kara Palm, Asst. Project Manager
Ethan Yotter, Environmental Analyst
Karlee Haggins, Graphic Artist
Angel Penatch, Word Processor
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$130.00
$95.00
$60.00
$55.00
$60.00
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
PROJECT FEES
"RECEI D AFTER A6 N
PRINTED." � a 9
Fees for preparation of the EIR for the Regent Newport Beach Resort Project are shown
below.
MBA Professional Fees
Task 1.
Project Definition and Organization
$3,000
Task 2.
Project Management and Meetings
9,800
Task 3.
Scoping Meeting
3,800
Task 4.
Screencheck EIR
42,800
Task 5.
Revised Screencheck Draft and Draft EIR
13,600
Task 6.
Draft and Final Responses to Draft EIR Comments
16,300
Task 7.
Findings and Facts in Support of Findings
and Statement of Overriding Considerations
3,500
Task 8.
Final EIR
5,800
Task 9.
Mitigation Monitoring and Reporting Plan
3,000
Task 10. Public Meetings and Hearings
6,600
Task 11.
CEQA Notices
1,200
Total MBA Professional Fees $109,400
Subconsultants
Austin Foust Associates (Traffic/Parking) 33,000
Coastal Resources Management (Marine Resources) 19,800
Giroux and Associates (Air Quality /Noise) 6,000
(Administrative fee @ .10) 5,880
Total Subconsultant Fees $ 64,680
Direct Cost
Document Printing /Reprographics
$ 17,500
Phone /fax, postage /delivery, mileage
1,900
(Administrative fee @.10)
1,940
Total Direct Costs $21,340
TOTAL FEE $195,420
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documents and forms to City in electronic format, Microsoft Word 2000, or other format
acceptable to City.
2.1 If Consultant is requested by City to revise or supplement the draft or final
Environmental Impact Report, with additional data, information or analysis as a result of the
Environmental Impact Report's failure to comply with requirements of CEQA, Consultant
shall provide such revision or supplement at no additional cost to City provided that such
revisions are within the scope of work required in Exhibit "A ".
2.2 If changes to existing laws, rules, regulations or policies of any state, federal
or local governmental authority having jurisdiction over the project occur during the term of
this Agreement that require modification of the draft or final Environmental Impact Report,
Consultant will perform such additional services on a time - and - materials basis.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the schedule of compensation, attached hereto as Exhibit "B" and incorporated
herein by reference. No rate changes shall be made during the term of this Agreement
without prior written approval of City. Consultant's compensation for all work performed in
accordance with this Agreement shall not exceed the total contract price of one hundred
ninety -five thousand four hundred twenty dollars ($195,420).
3.1 Consultant shall maintain accounting records of its billings which include the
name of the employee, type of work performed, times and dates of all work which is billed
on an hourly basis and all approved incidental expenses including reproductions, computer
printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of the City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with scheduled billing rates, attached hereto as Exhibit "C" and incorporated herein by
reference.
3.4 City shall reimburse Consultant only for those costs or expenses which have
been specifically approved in this Agreement, or specifically approved in advance by City.
Such costs shall be limited to and shall include nothing more than the following costs
incurred by Consultant:
A. Approved document printing, reprographics, and reproduction charges.
B. Postage, delivery, and mileage charges.
F