HomeMy WebLinkAboutC-2981 - Environmental Impact Report for Ford/Loral Development0 0
CITY OF NEWPORT BEACH
OFFICE 4-THE CITY CLERK
P.O, BOX 1768, NEWPORT BEACH. CA 92658 -8915
(714)644 - 3001;. +:
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: February 15, 1995
i
SUBJECT: Contract No. C -2981
Description of Contract Amendment for EIR for Ford /Loral
Development
Effective date of Contract February 10, 1995
Authorized by Minute Action, approved on December 12, 1994
Contract with MEG Associates
Address 1048 Irvine Avenue, Suite 325
Newport Beach, CA 92660
Amount of Contract (See Agreement)
&4a6's
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
C
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City Council Meet# December 12. 1994 (0)
Agenda Item No. /1�2
CITY OF NEWPORT BEACH
TO: Mayor and Members of the City Council
FROM: Planning Department _...APPROVED
SUBJECT: Amendment to Profes sional Services Agreement C -2981 for
Preparation of an Environmental Impact Report for the Ford /Loral
Development
SUGGESTED ACTION
If desired, authorize the City Manager to execute an amendment to Professional Services
Agreement C -2981 with MEG Associates to assist the Planning Department in preparing an
Environmental Impact Report for the redevelopment of the Ford /Loral site with an
additional budget not to exceed $31,780.00, which would be paid by the applicant.
• EM-1
The Planning Department is currently preparing an Environmental Impact Report for the
proposed redevelopment of the Ford /Loral site. An agreement was executed with MEG
Associates to assist the City in preparing the EIR with a budget not to exceed $84,575.00.
After work commenced on the EIR it became apparent that the time and level of analysis
necessary to complete the project would be more extensive than assumed in the original
scope of work. A budget amendment not to exceed $31,780.00 is requested to cover the
additional work required to complete the project. All EIR consultant fees are paid by the
project applicant.
When work originally commenced on this project it was anticipated that the EIR could be
completed by mid -1994. Due to unforseen circumstances the schedule has been extended
beyond the original timeframe. CEQA requires that the information presented in the EIR
reflect the independent judgement of City staff and decisionmakers. In order to ensure that
the project EIR contains a complete and accurate discussion of relevant issues, particularly
the potential impacts to human health associated with the existing soil and groundwater
contamination on site, the City has retained an independent expert in hazardous materials
issues to assist staff in reviewing the results of the site investigation and proposed
remediation plans. The consultant has completed her initial analysis of available data and
is now working with the Regional Water Quality Control Board, the County Health
Department, City staff and the applicant's consultants to finalize her review. It is
anticipated that the EIR will be completed and circulated for public review in early 1995.
TO: City �ouncil - 2. •
Very truly yours,
PLANNING DEPARTMENT
JAMES D. H='� R, Director
By;
Jo Do , AICP
Env oonment Coordinator
Attachment
Draft Amendment to Agreement C -2981
f. \ ... \JOHN -D \FORD \CC\CONTRACr.CC2
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• 1 i
BUDGET AUGMENT REQUEST
FORD LAND /NEWPORT -ENVIRONMENTAL DOCUMENTATION
November 28, 1994.
I. ComWetign of EgffW Administrative Draft #3
• Issues remaining to be completed: Traffic,
Air °Quality, Water Resources, Public jiealth & Safety.
Estimate 48 hrs. 0 $75/hr.
H. Revisions to Partial Administrative Daft Ar2
• Revisions to July 29 partial draft as a result
of internal comments received.
Estimate 16 hrs. 0 $75/hr.
u ,,.. 21301#1
n, ,
IV. Attachments to DEIR
• Responses to Comments - 40 hrs. 0 $75 /hr.
• Findings & Overrides - 24 hrs. 0 $75 /hr.
V. Mitigation Monitoring Pmgram
Estimate 24 hrs. @$ 75/hr.
VI. Project Coordinating & Hadne c
• 4 public hearings 0 4 hrs. each =
• Project Management & miscellaneous meetings
24 hrs. @ $75/hr. =
VII. FiAid VIR
8 hrs. @ $75 /hr.
VIII. Lather I?bor(Sub-con��l n a
• Word Processing 56 hrs. 0 $30 =
• Graphics 8 hrs. 0. $35 =
• Weston Pringle & Associates
• Giroux & Associates
IX. E=nses
• printing
(Compensation for'extra printing to
date, plus anticipated similar extra
printing. of DER and other documents)
• Contingency (5% of labor)
$1,200.00
$1,800.00
$1,680.00
$ 280.00
$9,000.00
$ 840.00
$1,750.00
$1,430.00
$1,200.00
$1,800.00
$4,800.00
$1,,800.00
022=1
$11,800.00
$3,080.00
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AMENDMENT NO.1
CONSULTANT AGREEMENT 0-2981
Ford/I nd Site EIIt
AGREEMENT No. C -2981, entered into on the 12th day of January, 1994, by and between
CITY OF NEWPORT BEACH , a Municipal Corporation (hereinaftef referred to as "City "), and
MEG Associates, whose address is 1048 Irvine Avenue, Suite 325, Newport Beach, CA 92660 is
hereby amended as provided in the attached Exhibit "A", which was approved by the City Council on
December 12, 1994.
All other temps and provisions of this Agreement shall remain as provided in the original
Agreement.
IN WITNESS VftlEREOF, the parties have caused this Agreement to be executed on the
LOZ"y of 1995.
ATTEST:
Cr FpRN�
- ter►
Attachments
Exhibit "A ": Revised Budget
F:IV NDOWWLANNNGVOHN- DWORD\EIRWGMT- REV.DOC
-1-
CITY OF NEWPORT BEACH
A Municipal Corporation
AL
By:
--jEZWj. Mu
City Manager
CONSULTANT
0 BUDGET AUGMENT REQUEST •
FORD LAND /NEWPORT - ENVIRONMENTAL DOCUMENTATION
November 28, 1994,
r
� 1 (r pmnl dgn of Partial Administrarive Draft N3 $3,600.00
• Issues remaining to be completed: Traffic,
Air Quality, Water Resources, Public Health & Safety.
Estimate 48 hrs. 0 $75/hr.
II. Revisions to Partial Administrative Draft !t2 $1,200.00
• Revisions to July 29 partial draft as a result
of internal comments received.
Estimate 16 hrs. ® $75 /hr.
III. Production of D= for Final Internal City Review $1,800.00
Estimate 24 hrs. a $75/hr.
IV. Attachments to DE1R $4,800.00
• Responses to Comments - 40 hrs. a $75/hr.
• Findings & Overrides - 24 hrs. a $75/hr.
V. Mitigation Monitoring Propm $1,,800.00
Estimate 24 hrs. @S 75/hi.
VI. Prgiect Coordinating & Hearings $3,000.00
• 4 public hearings ® 4 hrs. each = $1,200.00
• Project Management & miscellaneous meetings
24 hrs. @ $75/hr. a $1,800.00
VII. Pinal EM $ 600.00
8 hrs. a $75 /hr.
VIII. Other Labor /Sub-consultants $11,800.00
• Word Processing 56 hrs. ® $30 = $1,680.00
• Graphics 8 hrs. ® $35 = $ 280.00
• Weston Pringle & Associates $9,000.00
• Giroux & Associates $ 840100 ,
Ix. Emaw z . $3,080.00
• Printing $1,750.00
(Compensation for•extra printing to
date, phn anticipated similar extra
printing of DER and other documents)
• Contingency (5% of labor) $11430:90
TOTAL 89D=:
531.Z$Q.4g
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: January 20, 1994
SUBJECT: Contract No. C -2981
Description of Contract EIR for Ford /Loral Development
Effective date of Contract January 12 1994
Authorized by Minute Action, approved on January 10 1994
Contract with MEG Associates
Address 1048 Irvine Avenue, Suite 325
Newport Beach CA 92660
Amount of Contract (See Agreement)
"x� s
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
.V/
• City Council Me mg January 10, 1994
Agenda Item No.
CITY OF NEWPORT BEACH
TO: Mayor and Members of the City Council JAN 1 N '
FROM: Planning Department A- PP MD
SUBJECT: Professional Services_Aareement for_Pr�n�r ti4?l�f an_Environmen l
SUGGESTED ACTION
If desired, authorize the City Manager and the City Clerk to execute a Professional Services
Agreement on behalf of the City with MEG Associates to assist the Planning Department
in preparing an Environmental Impact Report for the development of the Ford /Loral site
for a fee not to exceed $84,575.00.
• BACKGROUND
Ford Motor Land Services Corporation, which holds a long -term lease from The Irvine
Company for the subject site, has requested that the Planning Department begin the
environmental review process for the proposed residential redevelopment of the Loral
Aeronutronic facility located at 3501 Jamboree Road, between Ford Road and Bison
Avenue. The project to be considered includes a General Plan amendment, Planned
Community amendment, subdivision map(s), use permit(s) and a development agreement
that would allow the replacement of the existing research and development facility with up
to 500 residential units.
Procedures for implementation of the California Environmental Quality Act, including
environmental consultant selection, are contained in Council Policy K -3. A qualifications -
based selection procedure is followed, with a consultant selected by the Environmental
Affairs Committee (composed of the Planning Director, Public Works Director and City
Attorney) from the City's approved consultant list based on the special expertise and
capabilities required for the particular project. Following selection, the consultant is invited
to submit a proposal including a scope of work and budget. After reviewing the proposal,
• any necessary modifications to the proposal are negotiated and a draft professional services
agreement is prepared by the Environmental Coordinator and the Environmental Affairs
Committee. The draft agreement is then submitted to the City Attorney and the City
Council for approval. In the event that two or more consultants are deemed equally
qualified, more than one proposal may be solicited and an agreement will be negotiated
with the best qualified consultant based on the Committee's review of the proposals.
Consultant fees for privately - initiated projects are paid entirely by the project applicant.
MEG Associates, which is located in Newport Beach, was selected to assist in preparing the
EIR based on the firm's knowledge of local development issues and the special expertise
TO: CiAuncil - 2. •
of the project team with regard to the major concerns surrounding this project, aesthetic
impacts and hazardous materials removal. The draft agreement (Attachment 1) has been •
approved as to form by the Assistant City Attorney and is recommended for approval by the
Environmental Affairs Committee.
Very truly yours,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By:
JO nn'H. D tiglas, AICP
Environmental Coordinator
Attachment
1. Draft Agreement
E \ ... \JOHN -D \FORD \CONTRACr.CC •
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CONSULTANT AGREEMENT
Ford f Loral Site EIR
THIS AGREEMENT, entered into thisA6WUay o�, 1994, by and
between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred
to as "City "), and MEG Associates, whose address is 1048 Irvine Avenue, Suite 325, Newport
Beach, CA 92660 (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 the City.
B. The principal member of Consultant firm who is responsible for the project
described in this Agreement is Marie E. Gilliam, AICP.
C. City desires to engage Consultant to prepare an Environmental Impact Report
and related documents, as further described in the Scope of Work (Exhibit "A") attached
hereto, according to the terms and conditions contained in this Agreement.
AGREEMENT
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
Consultant Agreement
1- Ford /Loral Site EIR
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as follows:
1. TERM
The Term of this Agreement shall commence on the date executed and shall proceed
to completion of the project, unless terminated earlier as set forth herein, or as extended
as set forth in Section 8, below.
2. SERVICES TO BE PERFORMED
Consultant shall perform the tasks set forth in Exhibit "A", attached hereto and
incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this Agreement
in the amount and manner set forth in the Project Budget at the hourly rates indicated
(Exhibit "B ") attached hereto and incorporated herein by this reference. The Project Budget
and hourly rates specified shall be effective through September 30, 1994, and Consultant
shall be entitled to request a revision to this Agreement if work extends beyond that date.
Payment to Consultant shall not exceed the Project Budget unless extra compensation is
authorized in writing pursuant to Section 19, below.
4. STANDARD OF CARE
All of the work 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
Consultant Agreement
-2- Ford /Loral Site EIR
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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.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
employee of the 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
express terms of this Agreement. No civil service status or other right of employment with
City will be acquired by virtue of Consultant's services. None of the benefits provided by
City to its employees, including, but not limited to, unemployment insurance, worker's
compensation plans, vacation and sick leave, are available from City to Consultant, its
employees or agent. Deductions shall not be made for any state or federal taxes, FICA
payments, PERS payments or other purposes normally associated with an employer -
employee relationship from any fees due Consultant. Payments of the above items, if
required, are the responsibility of Consultant.
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
The Consultant shall assign the project to a Project Manager, who shall coordinate
Consultant Agreement
-3- Ford/Loral Site EIR
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all phases of the project. This Project Manager shall be available to the City at all times.
The Consultant has designated Marie Gilliam to be its Project Manager. The Consultant
shall not replace the Project Manager with another person during the course of the project
without the written consent of the City.
8. TIME OF PERFORMANCE
The tasks to be performed by Consultant under and pursuant to this Agreement shall
commence upon execution of this Agreement and, unless terminated earlier as provided in
Section 32 below, shall proceed in a timely fashion until project completion according to a
schedule to be mutually agreed upon by City and Consultant (Exhibit "C'). For purposes
of this Agreement, project completion shall mean certification of the Final EIR. If the EIR
is not certified, project completion shall mean either project denial or withdrawal of the
application by the project proponent.
Assuming receipt of the technical studies and completion of the scoping /consultation
process, a time period of eight weeks (56 calendar days) is anticipated for completion of a
screencheck document for review by the City. Revisions to that document will be
accomplished in a timely manner. Responses to written comments received during the Draft
EIR review period will be prepared and submitted to the City within two weeks of the end
of such review period, unless technical work outside the scope of this Agreement is required.
A key consideration in the schedule is the timely receipt by the Consultant of the following
materials: topographic maps of the project site; land plan; preliminary grading plan;
detailed project description; draft PC amendments; draft Development Agreement;
soils /geotechnical studies; hydrology studies; hazardous materials studies; and baseline
Consultant Agreement
-4- Ford /Loral Site EIR
information on the existing Loral operations for purposes of comparison to project impacts.
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 REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal requirements and be subject to approval of the Project Administrator and City
Council.
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 agrees to 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, suits, costs and expenses for damages of any negligent and material nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, attorneys fees and court costs arising from any and all negligent actions of
Consultant, its employees, agents or subcontracts in the performance of services or work
conducted or performed pursuant to this Agreement.
Consultant Agreement
-5- Ford/Loml Site EIR
Consultant shall indemnify and hold harmless City, its City Council, boards and
commissions, officers and employees from and against any and all loss, damages, liability,
claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing
or resulting to any and all persons, firms or corporations furnishing or supplying work,
services, materials, equipment or supplies arising from or in any manner connected to the
performance of services or work conducted or performed pursuant to this Agreement.
This entire clause is also reciprocal for the benefit of Consultant.
13. INSURANCE
Without limiting consultant's indemnification of City, 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
the City. Such policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to exercising any right or
performing any work pursuant to this Agreement. All insurance policies shall add as insured
the City, it selected officials, officers and employees for all liability arising from Consultant's
services as described herein.
Prior to the commencement of any services hereunder, Consultant shall provide to
city certificates of insurance from an insurance company certified to do business in the State
of California, with original endorsements, and copies of policies, if requested by City, of the
following insurance, with Best's Class B or better carriers:
A. Worker's compensation insurance as may be required by the laws of
the State of California;
Consultant Ageement
-6- Ford /Loral Site EIR
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B. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum amount of $1 million
combined single limit per occurrence for bodily injury, personal injury and property damage.
If commercial general liability insurance or other form with a general aggregate is used,
either the general aggregate shall apply separately to this project, or the general aggregate
limit shall be twice the occurrence limit;
C. Commercial auto liability and property insurance covering any owned
and rented vehicles of Consultant in a minimum amount of $1 million combined single limit
per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
suspended, voided or canceled by either party, or reduced in coverage or in limits except
after thirty (30) days' prior notice has been given in writing to City. Consultant shall give
to 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, that Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf
of any insurer providing comprehensive general and automotive liability insurance to either
Consultant or City with respect to the services of Consultant herein, a waiver of any right
of subrogation which any such insurer of said Consultant may acquire against City by virtue
Consultant Agreement
-7- Fotd/I.otal Site EIR
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
interest in 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, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest
by reason of an attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or more
of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation,
partnership or joint venture.
15. REPORTS
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, upon payment of all outstanding
sums owed to the Consultant under this Agreement. At the discretion of the Consultant,
the final report may be withheld until all outstanding sums due pursuant to this Agreement
are in arrears more than 30 days.
No report, information or other data given to or prepared or assembled by
Consultant Agreement
-8- Ford /Loral Site EIR
• •
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
Consultant shall, at such time and in such forms 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 the City.
17. CITY'S RESPONSIBILITIES
City shall furnish to Consultant maps, existing studies, ordinances, data and other
existing information as shall be requested by Consultant and materials in City's possession
necessary for Consultant to complete the work contemplated by this Agreement. City
further agrees to provide all such materials in a timely manner so as not to cause delays in
Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. The
Environmental Coordinator or his /her designees shall be considered the Project
Administrator and shall have the authority act for the City under this Agreement. The
Project Administrator or his /her authorized representative shall represent the City in all
matters pertaining to the services to be rendered pursuant to this Agreement.
19. EXTRA WORK
Consultant shall receive compensation only for such extra work as is authorized in
writing in advance by the Project Administrator. If major changes to the project description
Consultant Agreement
-9- Foid/Loml Site E1R
or the circumstances surrounding the project require additional analysis beyond that
described in the Scope of Work, the Consultant shall be entitled to request an amendment
to this Agreement. Major changes include, but may not be limited to, the following:
1. Major changes in the project which require revisions of printed
documentation beyond those covered by the scope of work.
2. Substantial delays in the schedule beyond the parameters set forth in
this Agreement.
3. Meetings or hearings beyond those specified in the Scope of Work.
4. Public comment of an exceptionally large volume.
5. Additional work by sub - consultants needed to respond to public
comments or to attend meetings or public hearings beyond those
specified in the Scope of Work.
Any additional work and compensation shall be as specified in an amendment to this
Agreement, and Consultant shall not be entitled to compensation for any extra work
performed without prior authorization by the Project Administrator.
20. RECORDS
Consultant shall keep records and invoices in connection with its 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 during normal business hours
to examine, audit and make transcripts or copies of such records. 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.
21. REIMBURSEMENT FOR EXPENSES
Consultant Agreement
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Consultant shall not be reimbursed for any expenses unless authorized in writing by
City. Reimbursable expenses shall be itemized in detail in each invoice and shall be
allocated by task as described in Exhibit "A ".
22. MONTHLY INVOICES
Consultant shall submit invoices to the City on a monthly basis in accordance with
Consultant's fees contained in Exhibit 'B" hereof. Each invoice will be itemized by task
according to Exhibit 'B ", and shall show the number of hours worked per person /consultant
and the nature of the work performed. Each invoice shall also contain a budget summary
for each task area and shall provide the following:
1) The total amount budgeted for the task;
2) The amount previously invoiced for the task;
3) The amount of this invoice for the task;
4) The estimated percentage of the total work for this task that has been
completed; and
5) The authorized budget amount remaining for the task.
23. PAYMENT OF COMPENSATION
City shall make payments to Consultant within thirty (30) days of receiving a monthly
invoice unless City disputes the amount Consultant claims is owed under this Agreement,
and provides written documentation stating the reason for any amount in dispute within the
same 30 -day period.
24. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute with
Consultant Agreement
11- Ford /Loral Site EIR
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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 its work for
a period of thirty (30) days from the date of withholding 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. The determination of the City Manager with respect to such
matter shall be final. 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.
25. TEN PERCENT (10 %) WITHHOLDING
City may withhold an amount equivalent to ten percent (10 %) of the total
compensation provided herein, to be released to Consultant upon final adoption of the study
by the Mayor and City Council. The City reserves the right to refuse to pay all billings
requesting amounts in excess of ninety percent (90 %) of the total compensation provided
herein until the project is completed and adopted as specified above.
26. NONDISCRIMINATION BY CONSULTANT
Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding
companies do not and will not discriminate against any subcontractor, consultant, employee
or applicable for employment because of race, religion, color, sex, handicap or national
origin. Such nondiscrimination shall include, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff,
termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship.
Consultant Agreement
-12- Fold /Loral Site EIR
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27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with this project.
28. 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 foreseeable be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeable 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 the City. The Consultant shall indemnify and hold harmless the City for
any claims for damages resulting from the Consultant's violation of this Section.
29. SUBCONTRACTING
Consultant shall not subcontract any portion of the work required by this
Agreement, except as expressly identified in Exhibit A without prior written approval of the
Project Administrator. Consultant shall be responsible to pay all subcontractors in
accordance with Exhibit B. Payment to subcontractors shall not exceed the amounts
specified in Exhibit B without prior written approval of the Project Administrator.
30. 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 second business day after the deposit thereof in the United States mail, postage
Consultant Agreement
-13- Ford /Loral Site EIR
prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
Attention: John Douglas, Environmental Coordinator
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Marie Gilliam
MEG Associates
1048 Irvine Avenue, Suite 325
Newport Beach, CA 92660
31. TERMINATION
In the event Consultant hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant 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
Consultant fails to give adequate assurance of due performance within two (2) days after
receipt by Consultant from City of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, City may terminate the Agreement
forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion, of terminating this Agreement
without cause by giving seven (7) days prior written notice to Consultant as provided herein.
Upon termination of this Agreement, each party shall pay to the other party that portion
Consultant Agreement
-14- Ford /Loral Site EIR
of compensation specified in this Agreement that is earned and unpaid prior to the effective
date of termination.
32. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason for an alleged breach of any provisions of this Agreement, the prevailing party shall
be entitled to receive from the losing party all costs and expenses in such amount as the
court may adjudge to be reasonable attorneys' fees.
33. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
34. WAIVER
A waiver by City 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.
35. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
Consultant Agreement
-15- Ford /Local Site EIR
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
Attachments
Exhibit "A ": Scope of Work
Exhibit 'B ": Budget and Fee Schedule
P \ ... \PLANNING \JOHN -D \FORD \CON -AGMT.
CITY OF NEWPORT BEACH
A Municipal Corporation
By: F�// �
//
Kevi ur Ly
City Manager
CONSULTANT
Consultant Agreement
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EXHIBIT A
SCOPE OF WORK
The EIR will be a "program level EIR" as defined by CEQA and will analyze identified
environmental issues on the series of actions necessary to approve the project including a
General Plan Amendment, Planned Community Amendment, Use Permits, and a Development
Agreement. Impacts will be discussed on a project, as well as cumulative level. The status of
the proposed project relative to zoning, the General Plan, and other relevant local and regional
plans and regulations will also be described as required by CEQA.
Two administrative drafts for in -house review, a public review Draft EIR and a Final EIR will
be prepared in accordance with City specifications. The following Scope of Services also
includes preparation of Responses to Comments, a Mitigation Monitoring Program, Findings and
Statements of Fact, and a Statement of Overriding Considerations.
The following discussion describes in detail the tasks which will be completed in the course of
preparing this environmental analysis.
TASK A - PROJECT INITIATION
Prior to authorization, the project manager will meet with City staff to further refine the
definition of issues. If the project submittal differs from preliminary plans to an extent
that raises new issues, adjustments in scope and budget may be necessary. A project
schedule and definition of project alternatives will be established in cooperation with staff
and the project applicant during the Project Initiation stage. Subsequent to contract
approval, background material pertinent to the preparation of the Initial Study and EIR will
be assembled and examined. No EIR scoping meetings are anticipated.
TASK B - PREPARATION OF INITIAL STUDY & NOP
An Initial Study, including a Project Description, description of project alternatives,
Environmental Checklist, and supporting documentation will be prepared. Graphics
illustrating project location, in a local and regional context, will be incorporated in the
Initial Study. In addition, distribution lists for the Notice of Preparation and Non - statutory
Advisement will be compiled. NOP and NSA packages will be distributed after the Initial
Study and related materials have been reviewed and approved by City staff. One meeting
with staff is assumed during preparation of the Initial Study.
TASK C - PREPARATION OF FIRST ADMINISTRATIVE DRAFT EIR
An Administrative Draft EIR will be prepared for in -house review and comment.
Formulation of the screencheck documents will be preceded by preparation of technical
reports for noise, air quality, views /aesthetics, and traffic /circulation. These individual
reports will be submitted to staff upon completion, and will be subsequently summarized
into the first screencheck EIR.
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The first screencheck document will contain all components required by CEQA with the
exception of the Summary of Impacts and Mitigation, which will be prepared after city
staff has reviewed all analyses. Topics and issues to be covered in the Screencheck EIR
are briefly described below. Two meetings with City staff and the applicant are assumed
during preparation of the first administrative draft.
Sub -task C -1: Introduction and Project Description
• Project location
• Site history
• Project characteristics
• Project proponents
• Key contact persons
• Project objectives
• Relationship to Zoning and Planning Regulations
• Required discretionary actions
• Other elements as may be required
Sub -task C -2: Environmental Analysis
Each environmental issue checked "YES" or "MAYBE" on the attached preliminary
Environmental Checklist will be addressed. Existing conditions will be described in
narrative, numerical, and graphic form as appropriate to a particular issue. Because this
is a redevelopment project the discussion of existing conditions will be more detailed than
typical of raw land projects. Potential impacts will be identified on an individual and
cumulative basis, as appropriate, and mitigation proposed to reduce impacts to insignificant
levels to the extent feasible. Impacts of the proposed project will be described in
comparison to the existing development as well as on a project specific basis. Relevant
city policies and regulations will also be identified as appropriate to each area of concern.
Finally, the level of significance after mitigation (including city policies) will be identified.
Earth Resources. This section will identify the existing soils and geologic
characteristics of the site and evaluate potential impacts such as landform alteration from
proposed grading activities, soil erosion, potentially unstable earth conditions (e.g. slope
stability), and exposure of future residents to potential geologic hazards such as but not
limited to seismicity, expansive and collapsible soils, and soil settlement and subsidence.
It is assumed that this information will either be provided through on -site geotechnical
investigation contracted by the project applicant or can be reasonably extracted from other
readily available sources. These may include the Public Safety Element of the General
Plan, studies conducted for the surrounding Belcourt Hill and Bayridge developments, and
possibly old on -site project files. No investigation of geotechnical issues other than the
preceding reviews is included in this scope. (Groundwater issues are addressed under
Water Resources.)
Loral /Belcourt 2 City of Newport Beach
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Water Resources This section will describe existing water resource conditions and
characteristics of the project site. Topics to be addressed will include change in surface
drainage and rates and amounts of surface run -off; potential discharge into or alteration
of surface water quality in the Back Bay; alteration of the direction or rate of groundwater
flows; and potential changes in groundwater flows through additions from residential
activities. It is assumed in this scope that geotechnical and /or engineering investi atg ions
contracted by the project applicant will address surface and sub - surface hydrology issues.
Air Quality. An air quality analysis will be conducted by Giroux & Associates for the
proposed project. Although the proposed project is anticipated to result in fewer vehicle
trips than generated by the present use, there is a potential for air quality impacts from the
release of toxic air contaminants during demolition and construction. Giroux & Associates
will identify and estimate these substances based on soil contamination studies currently
in progress (contracted by the project applicant). Ambient concentrations of air toxics will
be evaluated to assess the potential need for performing a screening level health risk
assessment as part of the EIR process.
The EIR will also provide a discussion of the existing air quality setting, changes in
mobile source emissions and any microscale air quality impacts from the proposed project.
(Giroux & Associates' individual scope of work and qualifications are presented in
Appendix B.)
N &. A noise analysis will be conducted by Giroux & Associates. The study will
address short-term demolition /construction related noise generation and changes in long-
term noise levels and patterns from vehicular traffic. (Giroux & Associates individual
scope of work and qualifications are presented in Appendix B.)
Lan se. This section will describe in detail the land uses existing on -site and
surrounding the project site. Impact analysis will address the requested change in land
use, compatibility of the proposed use with the surrounding Belcourt and Bayridge
developments, generation of light and glare, and visual impacts. Discussion of land use
compatibility will address subjects such as character of use, scale and land use intensity.
Evaluation of visual impacts will be based, in part, upon a view analysis to be
conducted by J. L. Webb Planning. This analysis will involve the assessment of view
alteration from up to 4 vantage points to be selected in consultation with City planning
staff. If fewer than 4 vantage points are selected, costs would be reduced accordingly.
Photographs of existing conditions from these selected locations will be taken and
computer -aided overlays of proposed grading contours and building envelopes developed
depicting the proposed project. Color reproductions of existing and after project view
conditions will be incorporated in the EIR. This scope also includes photo enlargements
on presentation boards which may be utilized in the public hearing process. (J. L. Webb's
individual scope of work and qualifications are presented in Appendix B.) Other aspects
of view alteration such as the change in streetscape and landscape features will also be
addressed in this section.
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Housing /Population /Employment. The proposed project will have a direct impact
upon population growth through increase of the housing supply. In turn, new housing will
have an impact upon the jobs /housing balance in the City of Newport Beach. These topics
will be evaluated within the local context and in correlation with regional trends and
growth management policies. Because the surrounding area (Costa Mesa, Irvine, and
Newport Breach) is considered "job rich" in relation to countywide and regional averages,
the impact of the project on jobs /housing balance is expected to be positive.
Traffic /Circulation. A traffic and circulation analysis will be performed by Weston
Pringle and Associates, examining external and on -site traffic impacts as well as access
considerations. The analysis of external traffic and circulation impacts will quantify
project traffic generation and assess changes in peak traffic patterns, and ICU conditions
at surrounding critical intersections both as a result of the closure of the Jamboree Road
access to the project site as well as the proposed change in land use character. Potential
traffic impacts of the proposed project on the Eastbluff community will also be
investigated.
Analysis of on -site circulation considerations will address intersection design (sight
distances, design geometrics), adequacy of street geometrics and overall adequacy of street
patterns relative to traffic operations and safety. Included in this section will be a brief
discussion of public transit, bicycle and pedestrian circulation, change in parking demand,
and potential change in air traffic volumes as a result of the proposed project. (Weston
Pringle & Associates' individual scope and qualifications are presented in Appendix B.)
Public Services and Utilities The EIR will evaluate potential impacts of the proposed
project upon fire and police protection, schools, public recreation facilities, water and
sewer services, storm drainage, communications systems, solid waste, and power /natural
gas. This section will also estimate domestic water demand, sewage generation, solid
waste generation, energy demand, and generation of additional school students within the
Newport-Mesa Unified School District.
Public Health and Safety. Because of the site history, a potential exists for soil
contamination from various industrial activities and underground storage facilities.
Asbestos insulation in office structures may also present a risk. Redevelopment will
require demolition and removal of all on -site structures which may expose surrounding
residents to potential health hazards. The project applicant is presently preparing a full
scale site assessment and remediation program (under separate contract from EIR work).
This EIR scope includes review of these studies by Ms. Anne M. Brown for their
adequacy and regulatory compliance and oversight by Ms. Brown in the drafting of the
EIR discussion of public health and safety issues. (Ms. Brown's qualifications and
individual work scope is included in Appendix B.)
Sub -task C -3: Project Alternatives
The EIR will address a total of three project alternatives including No Project/Existing
Development (No Change in type of land use), and two alternative development scenarios
Loral /Belcourt 4 City of Newport Beach
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to be defined in conjunction with staff and the project applicant during Project Initiation.
Alternatives will be quantitatively compared with respect to traffic generation (ADT and
peak hour volumes). Other issues will be discussed in qualitative terms. If a quantitative
analysis of other issues such as air quality, noise, service demands and jobs/housing
balance is desired, the scope and budget will require modification.
Sub -task C -4: Significant Environmental Effects which Cannot be Avoided
A listing of significant unavoidable adverse impacts will be provided. In addition,
significant impacts which can be reduced to acceptable or insignificant levels by
recommended mitigation will be noted.
Sub -task C -5: Long -term Implications of the Project
The Relationship Between Local Short-term Uses of Man's Environment and the
Maintenance and Enhancement of Long -term Productivity, Significant Irreversible Changes
Which Would be Involved in the Proposed Action Should it be Implemented, and the
Growth - Inducting Impacts of the Proposed Action will be analyzed in this section.
Sub -task C -6: Other Items
Organizations and Persons Consulted. This section will be provided in accordance with
the requirements of City and State laws and will list all individuals and agencies that were
contacted during the preparation of the EIR.
Preparers of and Contributors to the Report. This section will also be provided in
accordance with the requirements of City and State laws. It will list those firms and
individuals involved in the preparation of the EIR.
References. This section will provide a listing of reference material used during
preparation of the EIR. All references used in the preparation of the report will be made
available to the City of Newport Beach upon request during the official review period for
the EIR.
Appendices. The EIR will contain the following appendices:
Appendix A -
Public Participation and Review
Appendix B -
Geotechnical Studies (to be provided by the project applicant)
Appendix C -
Air Quality Study /Giroux & Associates
Appendix D -
Noise Study /Giroux & Associates
Appendix E -
Traffic and Circulation Analysis /Weston Pringle Associates
Appendix F -
Site Assessment and Remediation Plan (to be provided by the project
applicant)
Appendix G -
Service and Utilities correspondence
Loral /Belcourt 5 City of Newport Beach
TASK D - SECOND ADMINISTRATIVE DRAFT
Following the receipt of comments from the City staff on the first administrative
draft, necessary revisions will be made and a limited number of revised documents
printed for staff review. An Executive Summary containing a summary of project
impacts, mitigation measures, and level of significance after mitigation; a summary
of alternatives; and areas of controversy will be added to the second administrative
draft. One meeting with staff is assumed.
TASK E - DRAFT EIR
Following the receipt of comments from City staff on the second administrative
draft, necessary revisions will be made and a Draft EIR for public distribution will
be produced.
TASK F - ATTACHMENTS TO THE DRAFT EIR
Following the public review period, written responses to comments received will be
prepared. In addition, written responses will be drafted to significant comments
received during the public hearing process for inclusion in the Final EIR. This
proposal also assumes preparation of the Findings and Statements of Fact, and a
Statement of Overriding Considerations in a format to be provided by the City.
TASK G - MITIGATION MONITORING PROGRAM
A Mitigation Monitoring Program (MMP) will be prepared as an attachment to the Draft
EIR. The MMP will list specific mitigation measures, corresponding implementation
actions, the monitoring phase, compliance deadlines and parties responsible with respect
to each measure in a format to be provided by the City.
TASK H - PROJECT COORDINATION AND HEARING ATTENDANCE
The project manager will coordinate with the project applicant, the City and sub -
consultants and will attend four public hearings.
TASK I - PREPARATION OF A FINAL EIR
Upon completion of the public hearing process, a final EIR will be produced. This
document will include: the Draft EIR, Technical Appendices, Written Comments
and Responses to Comments, Findings and Statements of Fact, Statement of
Overriding Considerations, minutes of public hearings, Notice of Determination,
staff reports, and other items determined necessary by City staff.
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EXHIBIT B
PROJECT BUDGET
The Scope of Work proposed for evaluation of the Loral /Belcourt project will be completed for
an estimated total of $84,575.00. Should the City require additional services beyond those
established in the final negotiated scope, services will be rendered on a time and materials basis
at hourly rates of individual consultants or specific augments to this budget will be negotiated
prior to initiation of additional work. This estimated budget includes a 10% contingency which
may be authorized by the City without a contract amendment to cover miscellaneous expenses
or additional work when adequate documentation is provided by MEG /Associates and any sub -
consultants which may be involved. The following budget breakdown summarizes costs by
major work task.
ENVIRONMENTAL IMPACT ANALYSIS
I. LABOR COSTS
TASK A - Project Initiation
Project Manager 16.0 hrs. @ $75 $ 1,200.00
Senior Analyst 8.0 hrs. @ $55 44
Task Sub - Total: $ 1,640.00
TASK B - Prepare Initial Study and NOP
Project Manager 40.0 hrs. @ $75 $ 3,000.00
Senior Analyst 16.0 hrs. @ $55 880.00
Task Sub - Total: $ 3,880.00
TASK C - Preparation of First Administrative Draft
Project Manager 160.0 hrs. @ $75 $12,000.00
Senior Analyst 80.0 hrs. @ $55 4,400,
Task Sub - Total: $16,400.00
TASK D - Second Administrative Draft
Project Manager 48.0 hrs. @ $75 $ 3,600.00
Senior Analyst 32.0 hrs. @ $55 1.760.00
Task Sub - Total: $ 5,360.00
TASK E - Draft EIR
Project Manager 20.0 hrs. @ $75 $ 1,500.00
Senior Analyst 12:0 hrs. @ $55 660.00
Task Sub - Total: $ 2,160.00
TASK F - Attachments to the Draft EIR
Project Manager 48.0 hrs. @ $75 $ 3,600.00
Senior Analyst 24.0 hrs. @ $55 1,320,
Task Sub - Total: $ 4,920.00
Loral/Belcourt I City of Newport Beach
•
TASK G - Mitigation Monitoring Program
Project Manager 8.0 hrs. @ $75 $ 600.00
Senior Analyst 16.0 hrs. Q $55 880.00
Task Sub - Total: $ 1,480.00
TASK H - Project Coordination and Hearing Attendance
Project Manager
* 4 Public Hearings @ 4 hrs. each 16.0 hrs. @ $75 1,200.00
• Project Management 40.0 hrs. @ $75 3.000.00
Task Sub - Total: $ 4,200.00
TASK I - Preoaration of Final EIR
Project Manager 4.0 hrs. @ $75 $ 300.00
Senior Analyst 6.0 hrs. @ $55 330.00
Task Sub - Total: $ 630.00
SUB- TOTAL: LABOR $40,670.00
H. DIRECT COSTS
A. Technical SuDWrt
1. Clerical Support $ 3,840.00
128 hrs. @ $30
2. Graphic Artist $ 1.960.00
56 hrs. @ $35
SUB - TOTAL: TECHNICAL SUPPORT $5,800.00
B. Sub - Consultants
1. Anne M. Brown
$ 4,800.00
Environmental Management Consulting
2. 1. L. Webb Planning
$ 7,000.00
Visual Analysis
3. Giroux Associates
$ 3,200.00
Noise & Air Quality
4. Weston Pringle Associates
$ 9,600.00
Traffic /Circulation
SUB - TOTAL: SUB - CONSULTANTS
$24,600.00
Loral /Belcourt 2 City of Newport Beads
C.
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i
Document Printing
0
1.
Notice of Preparation /Initial Study
$ 375.00
(75 copies 0 $5 /copy)
2.
Preliminary Technical Reports
$ 120.00
(3 copies @ $10 /copy - 4 studies)
3.
First Administrative Draft EIR
$ 225.00
(5 copies @ $45.00 /copy)
4.
Second Administrative Draft
$ 225.00
(5 copies @ $45.00 /copy)
5.
Draft EIR
$ 4,125.00
(75 copies (a $55.00 /copy)
6.
Attachments to the DEIR pa $5 /copy
$ 420.00
a) Draft Responses to Comments - 5 copies
b) Final Responses - 50 copies
c) Draft Findings & Overrides - 5 copies
d) Final Findings - I copy, 1 disk
e) Draft Mitigation Monitoring Program - 5 copies
f) Final Mitigation Monitoring Program - 1 copy,
1 disk
7. Certified Final EIR
(5 copies (g? $65.00 /copy)
SUB- TOTAL: PRINTING
Miscellaneous Expenses & ContinQencv
(Approx. 10% of total)
SUB- TOTAL: DIRECT COSTS
TOTAL ENVIRONMENTAL ANALYSIS:
$ 5,815.00
$ 7,690.00
$43,905.00
84 57 .0
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BILLING RATE SCHEDULE
Hourly Rate
Principal /Project Manager
$75.00
Sr. Planning Analyst
$55.00
Jr. Planning Analyst
$40.00
Word Processing
$30.00
Graphic Artist
$35.00
Effective as of January 1, 1992
Loral /Belcouri 1 City of Newport Beach