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HomeMy WebLinkAboutC-3059(A) - Consulting Services Agreement (for Development Agreement No. 8), Amendment No. 2-3Q\ ll) O AMENDMENT NO.3 TO CONSULTING SERVICES AGREEMENT V .OThis Amendment to Consulting Services Agreement, entered into this (6 -- day o , 1997, by and between the City of Newport Beach, a municipal corporation, hereinafter referred to as "City" and Environmental Services Consortium, Inc., (formerly Environmental Management Services) hereinafter referred to as "Consultant," is made with reference to the following: A. City and Consultant previously entered into that certain Consultant Agreement, dated September 27, 1994, ("Consultant Agreement") which engaged Consultant to perform services in connection with the preparation of an environmental impact report for the Ford/Loral development project. B. City and Consultant executed an Amendment to Consulting Services Agreement on May 8, 1995 which provided for additional environmental services relating to the monitoring of closure, demolition, and remediation activities at the Ford/Loral site; and C. The City requires additional environmental services as described in Consultant's proposal dated November 17, 1996, which is attached hereto as Exhibit 1. NOW THEREFORE, it is mutually agreed by and between the undersigned parties as follows: The Consultant Agreement shall be amended to include the services described in Exhibit 1. The terms and conditions of service provided in these Exhibits shall be in addition to the terms and conditions contained in the Consultant Agreement except to the extent that any terms and conditions contained in Exhibit 1 conflict with the Consultant Agreement, the original Consultant Agreement shall prevail. 2. Consultant agrees to provide all documentation necessary to comply with insurance requirements contained in the Consultant Agreement, so that the services provided in Exhibit 1 shall be covered as required in the Consultant Agreement. Amendment No. 3 to Consulting Services Agreement Environmental Services Consortium, Inc. Page 1 WHEREAS the parties to this Agreement have caused this Amendment to be executed on the day and year first written above. CONSULTANT Lyne Hethring Principal Environmental Services Co s rtium, Inc. CITY OF NEWPORT BEACH A Municipal Corporation Sharon Z. Wood Assistant City Manager Appr ed as to Form: --- xo), Robin Clauson Assistant City Attorney ATTEST: CITY CLERK ( J Attachment: Exhibit 1 F:\USERS\PLN\SHARED\FORD\CONTRACT\LYNE-H\CON-AMD3.DOC Amendment No. 3 to Consulting Services Agreement Environmental Services Consortium, Inc. Page 2 i EXHIBIT 2` ENVIRONMENTAL SERVICES CONSORTIUM, INC. WBE �' 1':+rt c+f the Envircinn+c•nt.+l �l:uu+l;cmcnl tic+viccti Group <►f C'c>mlruiicti 310.9846" _-� _.,. .-_ ,- : _._ ._ __. 3'.0.93.1•=_'_. • r. 9030' anvlroser ' _ _ 17 November 1996 ESCI96-CNB-HRA-02 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA. 92659-1768 Attention: Ms. Patty Temple Planning Director SUBJECT: TECHNICAL REVIEW OF RISK ASSESSMENTS FOR THE MAIN AREA AND ATC AREA OF THE FORMER FORD AERONUTRONIC FACILITY LOCATED IN THE CITY OF NEWPORT BEACH, CALIFORNIA Dear Ms. Temple: In response to a joint request from the City of Newport Beach and Ford Motor Land Corporation (FMLC), this document presents the scope of work and estimated budget developed by Environmental Services Consortium, Inc. (ESCI - formerly Environmental Management Services [EMS]) to provide a technical review of risk assessments that have been conducted for the main area and the ATC area at the former Ford Aeronutronic facility (site) located in the city of Newport Beach. It is our understanding that this scope of work will be conducted in general accordance with Amendment No. 2 (dated 8 May 1995) to the existing "Consultant Agreement" between the City of Newport Beach (CNB) and ESCI. ESCI will conduct a technical review of the following risk assessment -based evaluations that were performed by Geraghty & Miller on behalf of FMLC for the former Ford Aeronutronic facility: - Health Risk Assessment for Main Area Former Aeronutronic Facility Newport Beach, California (September, 1996) Health Risk Assessment for ACT Area Former Aeronutronic Facility Newport Beach, California (September, 1996) The specific components associated with the ESCI technical evaluation are presented in the scope of work described in this document. • Assisting Industry and Government to Achieve Competitive Environmental and Economic Advantage REVIEW OF RISK ASSESSMENTS FOR MAIN AREA AND ATC AREA FORMER FORD AERONUTRONIC FACILITY, NEWPORT BEACH, CALIFORNIA 1.0 SCOPE OF WORK ESCI will conduct technical reviews and prepare written summaries of the reviews for the following risk assessments performed by Geraghty & Miller for the former Ford Aeronutronic Facility: Health Risk Assessment for Main Area Former Ford Aeronutronic Facility, Newport Beach, California Health Risk Assessment for ATC Area Former Ford Aeronutronic Facility, Newport Beach, California The specific components of each review are described in the tasks defined below. Task 1 - Review of Site Data, Conceptual Site Model, Media of Concern In this task, ESCI will review soil and groundwater data used by Geraghty & Miller to develop exposure point concentrations, and evaluate the conceptual site model for applicability for risk assessment of each area. Specifically, ESCI will: - Verify analytical data summaries and sample locations for soil and groundwater data using original laboratory data; Verify frequency of detection, range of laboratory quantitation limits, range of detected concentrations, and arithmetic average (and UCL) concentrations for each chemical of concern; Confirm applicability/completeness of conceptual site model based on USEPA and CalEPA criteria; and Evaluate identification/evaluation of media of concern based on USEPA and CalEPA criteria. Task 2 - Review Toxicity Assessment Validate the selection of chemicals of concern for each media of concern; and Confirm appropriate toxicity endpoints and toxicity criteria for each chemical of concern. HRA REVH;W - FNH OCNB 2 ESCI96-CNB-HRA-02 Task 3 - Vapor Flux Modeling For both risk assessments, exposure point concentrations in air were derived using vapor flux models to estimate chemical migration from soil and groundwater to air. The flux rates were then used to estimate outdoor and indoor air concentrations. This review task will consist of the following components: Evaluation of appropriateness of the vapor flux model(s) and input parameters used; Model reruns to validate vapor flux rates; and Validation of methodology and calculations used to estimate outdoor and indoor air concentrations. Task 4 - Exposure Assessment In this task, ESCI will evaluate exposure scenarios, selection of receptors, and selection of pathway -specific exposure factors. ESCI will additionally conduct independent calculations for receptor -specific doses for each chemical of concern. Task 5 - Risk Characterization/Report Content and Evaluation Summary In this task, ESCI will validate the risk estimates by conducting independent calculations for cancer risks and noncancer hazard indices. ESCI will evaluate the uncertainty analysis, report organization, content, completeness, and conformance with regulatory guidelines for California (i.e., USEPA, 1989 and supplements; CalEPA (DTSC), 1992 and supplements). This task will include written summaries of all components of the technical reviews for each risk assessment. 2.0 BUDGET Work will be conducted on a time and materials basis according to our 1996 Fee Schedule (included in the previously referenced "Consultant Agreement") for work conducted in the 1996 calendar year. The estimated budget we have developed to conduct the scope of work described herein is $16,995.00 3.0 SCHEDULE We anticipate that the work described herein can be completed by December 31, 1996, pending approval by the City of Newport Beach and the Ford Motor Land Corporation. HRA REVIEW - FNQ.0/CNB 3 ESCI96-CNB-HRA-02 Should you have any questions, please feel free to contact me at your convenience. Very truly yours, ENVIRONMENTAL SERVICES CONSORTIUM, INC. Lyne ington, REA, C�1 Principa Environmental S ' tist cc: Mr. Thomas E. Culek, Environmental Control Engineer, Ford Motor Land Services Corporation File HRA REVIEW - FNHXJCNB 4 ESCI96-CNWHRA-02 CONDITIONS OF SERVICE The Conditions of Service presented herein shall be considered an integral part of Amendment No. 2 (dated 8 May 1995) to the existing "Consultant Agreement" between the City of Newport Beach (CNB) and ESCI. Site Conditions 1. The site consists of property located in the City of Newport Beach at the former site of the Ford Aeronutronic facility. 2. The site is currently being redeveloped for future residential use. Client -Furnished Services 1. CNB and FMLC will provide access to the site, and to all areas at the site pertinent to the conduct of the scope of work contained in this document. 2. FMLC and/or Geraghty & Miller will provide required documentation, as necessary,to complete the scope of work presented herein. Basis for Estimated Cost and Schedule 1. The estimated budget for conducting the scope of work contained in this proposal includes all labor and reimbursable costs such as mileage, photocopying, communication and insurance expenses, and records search fees. 2. All information and records to be reviewed are readily available and will be provided to ESCI 3. The budget contained herein includes up to 3 hours of telecommunication with representatives of CNB, FMLC, and ESCI to discuss the results of the scope of work presented in this document. 4. No scheduling or other unforeseen difficulties in obtaining data will be encountered. 5. Changes in conditions may impact the scope of work and/or modify the budget and schedule. HRA REWEW - FMLC/CNB 5 Escr96-crB-E[Rn-02 General The scope of services is restricted to that which is outlined in this document. 2. Should unanticipated conditions be encountered during the project that could potentially impact the budget and/or schedule, the client will be notified as soon as practical and authorization obtained prior to any changes being made. HRA REVIEW - F ALOCNB 6 ESCI96-CNB-HRA-02 AMENDMENT NO.2 TO CONSULTING SERVICES AGREEMENT pThis Amendment t Consulting Services Agreement, entered into this day o 1997, by and between the City of Newport Beach, a municipal corporation, hereinafter referred to as "City" and Environmental Services Consortium, Inc., (formerly Environmental Management Services) hereinafter referred to as "Consultant," is made with reference to the following: A. City and Consultant previously entered into that certain Consultant Agreement, dated September 27, 1994, ("Consultant Agreement") which engaged Consultant to perform services in connection with the preparation of an environmental impact report for the Ford/Loral development project. B. City and Consultant executed an Amendment to Consulting Services Agreement on May 8, 1995 which provided for additional environmental services relating to the monitoring of closure, demolition, and remediation activities at the Ford/Loral site; and C. The City requires additional environmental services as described in Consultant's proposal dated December 4, 1995 which is attached hereto as Exhibit 1. NOW THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. The Consultant Agreement shall be amended to include the services described in Exhibit 1. The terms and conditions of service provided in these Exhibits shall be in addition to the terms and conditions contained in the Consultant Agreement except to the extent that any terms and conditions contained in Exhibit 1 conflict with the Consultant Agreement, the original Consultant Agreement shall prevail. 2. Consultant agrees to provide all documentation necessary to comply with insurance requirements contained in the Consultant Agreement, so that the services provided in Exhibit 1 shall be covered as required in the Consultant Agreement. Amendment No. 2 to Consulting Services Agreement Environmental Services Consortium, Inc. Page 1 WHEREAS the parties to this Agreement have caused this Amendment to be executed on the day and year first written above. CONSULTANT Lyne Heth6gnsortium, n, Principal Environmental Services Inc. CITY OF NEWPORT BEACH A Municipal Corporation • Sharon Z. Wood Assistant City Manager Appr ed Form: Robin Clauson Assistant City Attorney ATTEST: Attachment: Exhibit 1 F:\USERS\PLN\SHARED\FORD\CONTRACT\LYNE-H\CON-AMD2.DOC Amendment No. 2 to Consulting Services Agreement Environmental Services Consortium, Inc. Page 2 EXHIBIT 1 ENVIRONMENTAL MANAGEMENT SERVICES 9582 Hamilton Avenue, Suite 361 Huntington Beach, CA. 92646 4 December 1995 EMS94-CNB-02 Ford Motor Land Services Corporation One Parklane Boulevard Suite 1500 East Dearborn, MI 48126-2477 Attention: Eric J. Pearson, P.E. Environmental Control Manager Phone: 714-642-7062 Fax: 714-642-9101 SUBJECT: TECHNICAL EVALUATION OF RISK ASSESSMENTS CONDUCTED FOR THE FORMER FORD AERONUTRONIC FACILITY LOCATED IN THE CITY OF NEWPORT BEACH, CALIFORNIA Dear Mr. Pearson: In response to a joint request from the City of Newport Beach and Ford Motor Land Corporation (FMLC), this document presents the scope of work and estimated budget developed by Environmental Management Services (EMS) to provide a comprehensive technical evaluation of risk assessments that have been conducted for the former Ford Aeronutronic facility (site) located in the city of Newport Beach. It is our understanding that this scope of work will be conducted in general accordance with Amendment No. 2 (dated 8 May 1995) to the existing "Consultant Agreement" between the City of Newport Beach (CNB) and Environmental Management Services (EMS). EMS will conduct a technical review of the following risk assessment -based evaluations that were conducted by Geraghty & Miller on behalf of FMLC for the former Ford Aeronutronic facility: Health Risk Assessments for Areas 2A and 213 (Belcourt and Bayridge Areas) (February, 1994) SESOIL Modeling for Belcourt and Bayridge Areas (May, 1994) Risk -Based Remediation Goals (Human health -based and Groundwater -based) (August, 1995) The specific components associated with the EMS technical evaluation are presented in the scope of work outlined below. SCOPE OF WORK Task 1.0 Review of Health Risk Assessments for Areas 2A and 213 (Belcourt and Bayridge Areas) Task 1.1 Site Data Review Soil and groundwater data used by Geraghty & Miller to develop exposure point concentrations for health risk assessments (HRAs) of Area 2A and Area 2B will be compiled and reviewed. Specific components of this task include: Verification of data summaries provided in Tables 3-1 (soil data) and 3-2 (groundwater data) of the HRA reports for the Belcourt and Bayridge areas against raw data summaries for both risk assessments, and Verification of frequency of detection, range of laboratory quantitation limits, range of detected concentrations, and arithmetic average concentrations for each chemical of concern listed in Tables 3-1 and 3-1 for both the Belcourt and Bayridge HRAs. Task 1.2 Documents and Literature Review (all items listed in Attachment A to this document and provided to EMS by Geraghty & Miller) This task will consist of the following components: Review of the literature from which values for chemical and physical constants (used in fate/transport modeling) were selected for use in the HRAs; Review of the documents/guidance used to establish general methods and specific exposure parameters used in the HRA; Review of the documents/literature from which toxicity data were selected for use in the HRA; and Review of Daugherty, 1991, from which the fate/transport model evaluating vapor flux from groundwater to air was derived. EIIRA REVIEW - FAMC/CNB 2 EMS94-CNB-02 (Please note that this task does not require review time for Jury et al., 1983 or Jury et al., 1984 (Behavior Assessment Model for evaluation of vapor flux from soil) as the EMS reviewer is familiar with this literature and the Model). Task 1.3 Vapor Flux Modeling Evaluation For both HRAs, exposure concentrations in air were derived using vapor flux models to estimate chemical migration from soil and groundwater to air. The flux rates were then used to estimate outdoor and indoor air concentrations, based on site-specific assumptions. This task will consist of the following components: Evaluation of appropriateness of the specific models and input parameters used; Model reruns to validate vapor flux rates; and Validation of methodology and calculations used to estimate outdoor and indoor air concentrations. Task 1.4 Risk Assessment Evaluation The risk assessment evaluation will consist of the following: - Evaluate HRAs for Area 2A and Area 2B for organization, content, completeness, and conformance with regulatory guidelines for California (i.e., USEPA, 1989; CalEPA, 1992); Evaluate the selection of chemicals of concern; - Confirm toxicity criteria used for cancer and noncancer risk characterizations; Recalculate dose estimates, cancer risks, and noncancer hazard indices; and Provide a qualitative evaluation of uncertainties. Task 1.5 Summary Report Preparation EMS will prepare a written synopsis of all tasks conducted that will include all recalculations, model reruns and spreadsheets. The summary report will also include a qualitative evaluation of uncertainties, and will provide information regarding updated values for toxicity criteria or specific exposure parameters. USEPA has recently released an updated edition of the Exposure Factors Handbook (USEPA, 1995) that provides more accurate exposure parameters for use in risk assessments, many of which are less conservative than previously published values. HRA REVIEW - FMLC/CNB 3 EMS94-CNB-02 Task 2.0 Evaluation of SESOIL Modeling for Belcourt and Bayridge Areas Task 2.1 Model Review Interpretation of site-specific data, literature review, and professional judgement are sources for selection of model input parameters. When statistically -based ranges are not used to characterize critical model parameters, it is essential that the single numerical values used are conservative (to accommodate uncertainty and variability) yet reasonably representative (to avoid gross overestimation of chemical migration). All model input parameters will be reviewed to confirm that appropriate and defensible values were used to estimate the potential for chemical migration to groundwater. Additionally, a sensitivity analysis will be conducted to identify the most "sensitive" model input parameters (i.e., those that influence model output most significantly). The SESOIL Model will be rerun for trichloroethylene (TCE), the chemical of concern identified by Geraghty & Miller, and model output will be compared to the original SESOIL model results. Task 2.2 Written Summary of SESOIL Model Reruns Affirmation of choice of chemical of concern, model input parameters, model rerun results, and results of the sensitivity analysis will be presented in a written summary of SESOIL model reruns. Task 3.0 Review of Risk-based Remediation Goals The risk-based remediation goals presented in Geraghty & Miller's August 1995 report (Residual Soil Evaluation Report Former Ford Aeronutronic Facility, Newport Beach, California [Geraghty & Miller, 1995]) will be subjected to a technical review in a manner similar to the reviews presented in Tasks 1.0 and 2.0. Task 3.1 Review of Selection of Chemicals of Concern Criteria for the selection of chemicals of concern (delineated in Cal EPA, 1992 and USEPA, 1989) are not equivalent for human -health and groundwater impact risk evaluations. The chemicals of concern identified for purposes of establishing remediation goals for the site (Geraghty & Miller, 1995) will be reviewed to ensure that (1) selection was in accordance with regulatory guidelines for risk assessment and (2) consideration was given to both sets of relevant criteria (i.e., human health risk and groundwater impact). Task 3.2 Evaluation of Human -Health -Based Remediation Goals HRA REVIEW - FMLC/CNB 4 EMS94-CNB-02 Human health -based remediation goals are identified by (1) evaluating an acceptable risk, exposure conditions, and appropriate toxicity criteria and (2) solving for a chemical concentration (e.g., in soil) that would not result in an unacceptable risk. Geraghty & Miller did not develop site-specific remediation goals but rather applied USEPA Region IX Preliminary Remediation Goals (PRGs) as human health -based remediation goals. EMS will evaluate the application of PRGs as final remediation goals for the site in this task and will confirm that PRGs identified by Geraghty & Miller are current (an update of the PRGs was recently released). EMS will also include in this task some preliminary calculations to provide a comparison of the generic Region IX PRGs with site-specific remediation goals for human health. Task 3.3 Review of Groundwater -Based Remediation Goals Model input parameters will be reviewed to confirm that model input parameters used to estimate the potential for chemical migration to groundwater are appropriate and consistent with previous SESOIL modeling: A sensitivity analysis will be conducted to identify the most "sensitive" model input parameters (i.e., those that influence model output most significantly). The SESOIL Model will be rerun for the chemicals of concern identified by Geraghty & Miller (17 organic constituents), and model output will be compared to the original SESOIL model results. Task 3.4 Written Summga of the Evaluation of Risk -Based Remediation Goals Affirmation of SESOIL model input parameters, model rerun results, and results of the sensitivity analysis will be presented in a written summary of SESOIL model reruns. Soil cleanup levels proposed for this site, based on groundwater impact, will be confirmed as maximum soil concentrations that may be left in place without potential for impact to groundwater underlying the site. This analysis includes confirmation of the SESOIL-based soil concentrations for organic constituents and an evaluation of the approach employed to set soil remediation goals for metals. Substantiation of final risk-based remediation goals for site soils for all chemicals of concern will be provided. Task 4.0 Monte Carlo Analysis EMS will conduct a Monte Carlo analysis to quantitate the level of conservatism in: (1) baseline risks to human health (Areas 2A and B) and groundwater, and, (2) the risk-based remediation goals. It is customary to conduct Monte Carlo analysis on the driving chemicals and pathways only. Therefore, the budget to perform a Monte Carlo Analysis will be provided upon completion of Tasks 1 - 3. HRA REVIEW - FMLC/CNB 5 EMS94-CNB-02 BUDGET Work will be conducted on a time and materials basis according to our 1995 Fee Schedule (included in the previously referenced "Consultant Agreement") for work conducted in the 1995 calendar year. The estimated budget we have developed to conduct the scope of work described herein is $18,800.00. 0wa X1111 1m We anticipate that the work described herein can be completed within 3 to 4 weeks of approval by the City of Newport Beach and the Ford Motor Land Corporation. Should you have any questions, please feel free to contact the undersigned at your convenience. Very truly yours, ENVIRONMENTAL MANAGEMENT SERVICES Lyne Hethrington, REA, CHMM Principal - Sr. Environmental Scientist cc: Mr. John Douglas, City of Newport Beach Planning Department HRA REVIEW - FMILC/CNB 6 EMS94-CNB-02 CONDITIONS OF SERVICE Site Conditions The site consists of property located in the City of Newport Beach at the former site of the Ford Aeronutronic facility. 2. The site is currently being redeveloped for future residential use. Client -Furnished Services 1. CNB and FMLC will provide access to the site, and to all areas at the site pertinent to the conduct of the scope of work contained in this document. 2. FMLC and/or Geraghty & Miller will provide items listed in Attachment A to this document and any other required documentation, as necessary,to complete the scope of work presented herein. Basis for Estimated Cost and Schedule The estimated budget for conducting the scope of work contained in this proposal includes all labor and reimbursable costs such as mileage, photocopying, communication and insurance expenses, and records search fees. 2. All information and records to be reviewed are readily available and will be provided to EMS. 3. The budget contained herein includes 1 meeting of up to 3 hours with representatives of CNB, FMLC, and EMS to discuss the results of the scope of work presented in this document. 4. No scheduling or other unforeseen difficulties in obtaining data will be encountered. 5. Changes in conditions may impact the scope of work and/or modify the budget and schedule. 6. Costs associated with the conduct of a Monte Carlo analysis are dependent upon the completion of Tasks 1 - 3, and will therefore be provided to CNB and FMLC at that time for consideration. >ERa REVIEW - FMLC/CNB 7 EMS94-CNB-02 General 1. The scope of services is restricted to that which is outlined in this document. 2. Should unanticipated conditions be encountered during the project that could potentially impact the budget and/or schedule, the client will be notified as soon as practical and authorization obtained prior to any changes being made. HRA REVIEW - FMLC/CNB 8 EMS94-CNB-02