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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 • 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 • • • • • • 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 3 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 3 • 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 • • 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 0 6 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 9 0 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 9 0 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 0 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 -10- Fotd/Loml Site EIR i • 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 • ! 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 0 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 • 0 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 -16- Ford /Local Site EIR 0 0 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. Loral /Belcourt 1 City of Newport Beach 0 0 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 • i 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. Loral /Belcourt 3 City of Newport Beach 0 0 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 0 0 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. Loral /Belcouri 6 City of Newpori Beach 0 0 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. 0 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 Loral /Belcourt 3 City of Newport Beach 0 0 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