HomeMy WebLinkAboutC-3229 - Amendment No. 1, PSA for Environmental Impact Report for Conexant System, Inc.AMENDMENT NO.1
PROFESSIONAL SERVICES AGREEMENT
Environmental Impact Report for Conexant Systems, Inc.
THIS AMENDMENT NO. 1 to PROFESSIONAL SERVICES AGREEMENT, made and
entered into this 22 "d day of February, 2000, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, (hereinafter referred to as "CITY ") and and Planning Consultants
Research, whose address is One Venture, Suite 150 Irvine, California, 92618 (hereinafter referred
to as "CONSULTANT ") is made with reference to the following:
RECITALS:
A. On August 24, 1998, a Professional Services Agreement was entered into by and
between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT" for the
preparation of an Environmental Impact Report.
B. On or about November 1, 1999, CITY and CONSULTANT executed an
addendum to the AGREEMENT under the authority of the Director of Planning,
hereinafter referred to as "ADDENDUM."
C. The ADDENDUM increased and amended the scope of work of the
AGREEMENT and increased the compensation paid to CONSULTANT by twenty -nine
thousand, eight hundred dollars ($29,800.00).
D. CITY and CONSULTANT mutually desire to amend the AGREEMENT by
modifying the scope of work and increasing the compensation to the CONSULTANT by
fifty -five thousand, five hundred and eighty -eight dollars ($55,588.00), as provided
herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY THE CONSULTANT
The scope of services shall remain the same and shall be in full force and effect as set
forth in AGREEMENT, as modified by ADDENDUM, except as expressly modified herein.
I
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CONSULTANT shall diligently perform all the duties set forth in the scope of services,
contained in attachment "A" for ADDENDUM attached hereto and incorporated herein by
reference. CONSULTANT shall diligently perform all the duties set forth in the scope of
services, contained in attachment "B" for AMENDMENT NO. 1 attached hereto and
incorporated herein by reference.
2. COMPENSATION TO CONSULTANT
Compensation to the CONSULTANT shall be increased by eighty five thousand, three
hundred and eighty five dollars ($85,385.00) for all work performed in accordance with
AGREEMENT, as amended by ADDENDUM and AMENDMENT NO. 1. Total payment under
the AGREEMENT and ADDENDUM and AMENDMENT shall not exceed the total contract
price of two hundred and fifty thousand and eight hundred and one dollars ($250,801.00).
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPRO D AS TO FORM:
1 17
Lz�'_
Robin Clauson
Assistant City Attorney
LaVonne Harkless
City Clerk
FA
CITY OF NEWPORT BEACH,
a municipal corporation
omer Bludau
City Manager
CONSULTANT
Grefory J. Bought o , President
Planning ConsultantsReasearch, Inc.
SANTA IMO: +IC.; . LOS A iGELES
RECEIVED BY
PLANNING DEPART \1ENT
CITY Oe N� Y!P:, P_ r'
October 8, 1999 Ah9 OCT 13 1199:] PM
71819110111;12;112; 3;:1010
Mr. Marc Meyers
CITY OF NEWPORT BEACH
Planning Department
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, California 92658 -8915
I
"'
r. " 'i =
Re: Request for Addendum to the Conexant Systems (Rockwell Semiconductor Systems) EIR
Contract Dated August 24, 1998 Between the City of Newport Beach and PCR
Dear Marc:
PCR Services Corporation (PCR) would like to request an addendum of $29,800 for the
Conexant Systems (Rockwell Semiconductor Systems) Environmental Impact Report (EIR) Contract
dated August 24, 1998 between the City of Newport Beach and PCR. Of the requested amount,
$12,800.00 is allocated for WPA Traffic Engineering, Inc. (WPA). The addendum is for the
following additional services that PCR and WPA have and /or will provide outside the scope of the
contract.
Changes in the scope of work for the traffic analysis as detailed in the attached letter from
WPA.
• Additional research and data collection with respect to the definition of related projects
in the cumulative setting. Included assisting the Public Works Department in obtaining
traffic data from the City of Irvine.
• Additional work effort related to the analysis of the Long Range General Plan condition
with Koll and without Koll for the air quality and noise assessments.
• Additional coordination with and additional time frame related to the review of the
Traffic Study and changes to the traffic section and the noise and air quality assessments
related to the revisions in the scope of work for the Traffic Study. This will include the
revisions to the air quality and noise assessments as required to reflect the City's
comments on the Traffic Study.
Attachment "A"
J ^C + %` ^:il �':, ]Ji C'. iJO. ;•: /iqr. :3!: i,;:'t ._. _3Z5 'i':�.. a:; h.').' "9 C.'... .. ��it.i .... �... ...7.. ..�. �_ ..
SAil TA MO,111CA . w$ Aa i,3E:EE •
Mr. Marc Meyers
City of Newport Beach
October 8, 1999 - Page 2
• Additional work effort required related to water quality in response to public and agency
comments received on the Notice of Preparation /Initial Study.
It should be noted that the fee amount of the addendum for PCR provided above is expressed
as an allowance since the work effort cannot be precisely estimated as it is a process that evolves and
is necessarily interactive with the City and the Project Team. Should the actual fee be less than the
budget allowance indicated, the remaining balance will not be billed. Any remaining budget from
this requested addendum will be forwarded to the Phase 2 work effort (preparation of the Response
to Comments document, Final EIR, Certification documents, etc.) which will be requested separately
after we have gained an understanding of the scope of work for the Traffic Study and the potential
issues that may be raised during the public comment period on the Draft EIR.
Please call to discuss any questions that you may have or ifyou have any requests for revisions
to the above. We look "Onvard cc working with you on the completion of this work effort.
Sincerely,
PCR SERVICES CORPORATION
Lauren Jue
Associate Principal
Attachment (1)
._
Attachment "B"
SCOPE OF SERVICES
Task 4 Preparation of Response to Comments /Final EIR
Subtask 4.1 Preparation of Response to Comments /Administrative Final EIR
Based on discussions with the City staff, PCR will prepare a Response to Comments
document which will respond to all written comments received from agencies, interest groups, and
individuals during the 45 -day public review period for the Draft EIR. In addition, PCR will
prepare an errata section indicating revisions to the Draft EIR based on information received
during the public review period and information provided in the Response to Comments
document.
It is assumed that the Response to Comments document, including the errata section, will
address changes related to the revised Traffic Phasing Ordinance, including revisions to the
November 1999 Traffic Study prepared by WPA Traffic Engineering, Inc. (WPA).
A draft of the Response to Comments document, including the errata section,will be
submitted to the City staff and the Conexant Project Team for review and comment. Based on
comments received, PCR will prepare a revised Response to Comments document for final
approval by City Staff. The revised Response to Comments document and the documents that will
comprise the Administrative Final EIR will be distributed by PCR as directed by the City. In
addition, PCR in coordination with City staff will provide, via certified mail, the Response to
Comments document to commenting agencies for review ten days prior to action being taken on
the proposed project.
Subtask 4.2 Preparation of Certification Documents
PCR will work with City staff to prepare a draft of the required certification documents.
These documents will consist of a Statement of Findings and Facts in Support of Findings and,
if required, a Statement of Overriding Considerations. PCR will submit a draft of these
documents to the City for review and comment. Based on comments received, PCR will revise
and submit these documents to the City for distribution to the appropriate parties.
City or Newport Beach Conexant Ent
PCR services Corporation Page l December 17, 1999
r'
Subtask 4.3 Preparation of Final EIR
0
Attachment A: Scope of Services
After action is taken on the project and the EIR is certified as complete and final, PCR will
prepare and submit the Final EIR to the City. PCR will work with the City staff to determine the
number of copies, the type of originals, and the distribution of the Final EIR. PCR will prepare
for City staff review the Notice of Determination and will file the notice with the appropriate
agencies.
Task 5 Meetings and Hearings for Final EIR
PCR and WPA will prepare for and attend meetings related to the Response to Comments
document and the Final EIR and hearings related to the consideration of the approval of the project
and certification of the EIR. The meetings are estimated to consist of: a maximum of three
meetings with the City and the applicant; one Planning Commission Study Session; one Planning
Commission meeting; and one City Council meeting. Additional meetings will be attended on a
time and materials basis.
City of Newport Beach
PCR services Corporation
Page 2
Cone.sant Ent
December 17, 1999
r/
5
ATTACHMENT B
BUDGET
The following page provides a not -to- exceed budget estimate for the preparation of the
Response to Comments /Final EIR including revisions to the Traffic Study (Task 4) and meetings
for the preparation of the Response to Comments /Final EIR (Task 5). The total budget estimate
for these tasks as described in the scope of services is $55,558. This includes PCR staff hours,
WPA subconsultant fees (refer to attached letter), direct expenses, and printing. As shown in the
detailed cost estimate, the remaining budget of $4,268.28 (of which $4,137.69 is remaining budget
for WPA and $130.59 is the remaining budget for expenses), will be carried over from the first
phase of the contract. It should be noted that, if at the completion of the scope of services the
actual fees are less than the budget estimate indicated, the remaining balance will not be billed.
The following budget has been prepared prior to the receipt of the comment letters on the
Draft EIR. As such, PCR proposes a budget based on our current understanding of the project
and based on the anticipation that an average number of comment letters will be received
(approximately 20 letters of one to five pages in length). Should the need arise for additional
professional services beyond those set forth in the scope of services and budget provided herein,
PCR will request from the City written authorization to proceed prior to the initiation of the
additional services. This would include the need for the preparation of additional technical
documentation (e.g., technical documentation related to air quality, noise, or biological resources)
that is required by the City, changes in the project or the regulatory environment, or the need to
respond to a significant number of comment letters or number of comments above those
anticipated.
Invoices will be prepared for the work completed on a monthly basis. For each billing
period, PCR will provide information by subtask for the services performed. PCR reserves the
right to transfer fees between the tasks and subtasks, as appropriate.
Invoiced amounts are due 30 days from the date of the invoice. Traffic subconsultant
invoices will be paid within 30 days of the receipt of payment from the City.
City of Newport Beach
PCR Services Corporation
Page 3
Conexant Ent
December 17, 1999
Detailed Budget
Conexant Project
Response to Comments /Final EIR
Task
Associate
Principal
Hours Rate
Senior
Planner
Hours Rate
Assistant
Planner
Hours Rate
GraphicslWord
Processing
Hours Rate
Total
Cost
Hours Cost
Task 4- Preparalion of Response to Comments /Administrative Final EIR
Screencheck Response to Comments
500
10
$250.00
Revised Screencheck Response to Comments
500
10
$250.00
Response to Comments /Administrative Final EIR (for Public Distribution)
Subtask 4.1- Preparation of Response to Commems/Administrative Final EIR
120
$100
t00
$70
120
$50
100
$50
440
$30,000
Submsk 4.2- Preparation of Certification Documents
24
$100
0
$70
40
$50
24
$50
88
$5,600
Subtask 4.3- Preparation of Final EIR
16
$100
24
$70
40
$50
24
$50
104
$6,480
Subtotal Task 4
$42,080
Task 5- Meetings and hearings for Final EIR (6)
24
$100.
20
$70
0
$50
.0
$50
44
$3,800
Technical Study for Response to CornmealslFinal EIR
Revised Traffic Study and Response to Comments (WPA Traffic Engineering, Inc.)*
$6,200
Expenses (Including postage for certified mail with FedEx to some agencies) **
$665
Printing Allowance
$2,813
TOTAL COST ESTIMATE
$55,558
Foatnntes:
* The remaining budget of $4,137.69 will be carried over from the first phase of the contract, providing for a total fee of $10,337.69 for WPA.
** The remaining budget of $139.59 will be carried over from the first phase of the contract, providing for a toad of $795.59
Detailed Cost Estimate for Printing
Est. Pages
No. of Copies
Total Cost
Document
Screencheck Response to Comments
500
10
$250.00
Revised Screencheck Response to Comments
500
10
$250.00
Response to Comments /Administrative Final EIR (for Public Distribution)
500
60
$1,500.00
Screencheck Certification Documents
50
10
$25.00
Certification Documents (for Public Distribution)
50
40
$100.00
Final EIR
550
25
$687.50
TOTAL COST OF PRINTING
i
1 $2,812.50
8
10
C "321 (38�
CITY OF NEWPOR BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT Hearing Date: February 22, 2000
H PLANNING DEPARTMENT Agenda Item No.: 12
6 3300 NEWPORT BOULEVARD Staff Person: James Campbell
a
C't /FpFpT NEWPORT BEACH, CA 92658 (949) 644 -3210
(949) 644 -3200; FAX (949) 644 -3250
C' '
REPORT TO THE MAYOR AND CITY COUNCIL 1 FEB 2 2 .
APPROVED
SUBJECT: Amendment to a Professional Services Agreement for Plarifi tig CMMt3it'CS
Research, Inc.
SUMMARY: The city contracted with Planning Consultants Research, Inc. (PCR) to
prepare an environmental impact report (EIR) for the Conexant Systems,
Inc. expansion project. Completion of the final EIR requires additional
services by PCR that necessitates an amendment to the agreement, and
additional compensation ($55,558.00).
SUGGESTED
ACTION: Approve the proposed amendment to the professional services agreement
with Planning Consultants Research, Inc. (PCR).
Discussion
On August 24, 1998, the City Council approved a professional services agreement with PCR for the
preparation of an environmental impact report (EIR) for the project. The agreement set the scope of
work and costs for these services at $165,443.00. The scope of work for the contract did not include
the Response to Comments and completion of the Final EIR due to the inability of the consultant or
city to reasonably predict the amount of work for this portion of the project. The amount of work
and its resulting cost can vary widely depending upon the type and amount of comments received.
Now that the comments have been received, the consultant has prepared a proposal which is
consistent with expected workload.
The Planning Department approved an addendum to the agreement on or about November 151 of
1999. The addendum was necessary to expand the scope of work to accommodate new traffic
analysis related to the Traffic Phasing Ordinance (TPO) and other cumulative impacts. The
addendum for the increased scope of work required additional compensation to the consultant in the
amount of $29,800. This addendum was approved by the staff pursuant to City Council Policy F-
13 that authorizes a Department Director the ability to award a contract if less than $30,000. The
addendum was also lower than twenty five percent (25 %) of original agreement, and therefore did
not require City Council action pursuant to City Council Policy F -3.
On December 16, 1999, the Planning Department received a proposal from PCR outlining the
scope of work necessary for the preparation of the Response to Comments and completion of the
0 0
Final EIR. The proposal appears as an exhibit to the attached addendum. Additional traffic analysis
and printing expenses for the Response to Comments and Final EIR are included. The cost of the
proposal is $55,558, and will include all consultant activities through completion of the EIR
process. Further amendments should not be necessary unless the project description changes or
significant new impacts are discovered through the upcoming public hearing process. This request,
along with the previous addendum, exceeds twenty five percent (25 %) of the original agreement,
and is being submitted to the City Council for approval pursuant to City Council Policy F -3 and F-
13. Approval of this amendment to the agreement, which includes the previously approved
addendum, will establish a the new total contract amount at $250,801. The cost of the total
agreement is paid by the applicant.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
MIN
EN
i�
Attachments: PCR Amendment No. 1.
Prepared by:
JAMES W. CAMPBELL
Senior Planner
ecx Ageenxm Ancndnbam
FebNary 22, 2000
Page 2
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AMENDMENT NO.1
PROFESSIONAL SERVICES AGREEMENT
Environmental Impact Report for Conxant Systems, Inc.
THIS AMENDMENT NO. 1 to PROFESSIONAL SERVICES AGREEMENT, made and
entered into this 22nd day of February, 2000, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, (hereinafter referred to as "CITY ") and and Planning Consultants
Research, whose address is One Venture, Suite 150 Irvine, California, 92618 (hereinafter referred
to as "CONSULTANT ") is made with reference to the following:
RECITALS:
A. On August 24, 1998, a Professional Services Agreement was entered into by and
between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT" for the
preparation of an Environmental Impact Report.
B. On or about November 1, 1999. CITY and CONSULTANT executed an
addendum to the AGREEMENT under the authority of the Director of Planning,
hereinafter referred to as "ADDENDUM."
C. The ADDENDUM increased and amended the scope of work of the
AGREEMENT and increased the compensation paid to CONSULTANT by twenty nine
thousand, eight hundred dollars ($29,800.00).
D. CITY and CONSULTANT mutually desire to amend the AGREEMENT, as
modified by the ADDENDUM, as provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES TO BE PERFORMED BY THE CONSULTANT
The scope of services shall remain the same and shall be in full force and effect as set
forth in AGREEMENT, as modified by ADDENDUM, except as expressly modified herein.
1 3
CONSULTANT shall diligently perform all the duties set forth in the scope of services,
contained in attachment "A" for ADDENDUM attached hereto and incorporated herein by
reference. CONSULTANT shall diligently perform all the duties set forth in the scope of
services, contained in attachment `B" for AMENDMENT NO. 1 attached hereto and
incorporated herein by reference.
2. COMPENSATION TO CONSULTANT
Compensation to the CONSULTANT shall be increased by eighty five thousand, three
hundred and eighty five dollars ($85,385.00) for all work performed in accordance with
AGREEMENT, as amended by ADDENDUM and AMENDMENT NO. 1. Total payment under
the AGREEMENT and ADDENDUM and AMENDMENT shall not exceed the total contract
price of two hundred and fifty thousand and eight hundred and one dollars ($250,801.00).
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
0
CITY OF NEWPORT BEACH,
a municipal corporation
Homer Bludau
City Manager
CONSULTANT
Gregory J. Boughton, President
Planning ConsultantsReasearch, Inc.
SANTA Arlo ;iC,: • Los ANGELES • IRVINE
RECEIVEiD BY
PLANNING D_PARTNIENT
CITY
October 8, 1999 AM OCT 13 '1993 PM
7�8�9i10i11�1�,1112i3�4�510
Mr. Marc Meyers
QTY OF NEWPORT BF,ACH
Planning Department
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, California 92658 -8915
l
PCR
Re: Request for Addendum to the Conexant Systems (Rockwell Semiconductor Systems) EIR
Contract Dated August 24, 1998 Between the City of Newport Beach and PCR
Dear Marc:
PCR Services Corporation (PCR) would like to request an addendum of $29,800 for the
Conexant Systems (Rockwell Semiconductor Systems) Environmental Impact Report (EIR) Contract
dated August 24, 1998 between the City of Newport Beach and PCR. Of the requested amount,
$12,800.00 is allocated for WPA Traffic Engineering, Inc. (WPA). The addendum is for the
following additional services that PCR and WPA have and /or will provide outside the scope of the
contract:
Changes in the scope of work for the traffic analysis as detailed in the attached letter from
WPA.
• Additional research and data collection with respect to the definition of related projects
in the cumulative setting. Included assisting the Public Works Department in obtaining
traffic data from the City of Irvine.
• Additional work effort related to the analysis of the Long Range General Plan condition
with Koll and without Koll for the air quality and noise assessments.
• Additional coordination with and additional time frame related to the review of the
Traffic Study and changes to the traffic section and the noise and air quality assessments
related to the revisions in the scope of work for the Traffic Study. This will include the
revisions to the air quality and noise assessments as required to reflect the City's
comments on the Traffic Study.
Attachment "A"
One Venture, Suite 150, Irvine, California 92618 -3328 ::r = +:: =r w•m',v.pernet.conn -1 949.153.7001 =ax 949.753.7002
SANT.; MONICA � Los A;dGELES 0 IN +/1 .4E
Mr. Marc Meyers
City of Newport Beach
October 8, 1999 - Page 2
PCR.
• Additional work effort required related to water quality in response to public and agency
comments received on the Notice of Preparation /Initial Study.
It should be noted that the fee amount of the addendum for PCR provided above is expressed
as an allowance since the work effort cannot be precisely estimated as it is a process that evolves and
is necessarily interactive with the City and the Project Team. Should the actual fee be less than the
budget allowance indicated, the remaining balance will not be billed. Any remaining budget from
this requested addendum will be forwarded to the Phase 2 work effort (preparation of the Response
to Comments document, Final EIR, Certification documents, etc.) which will be requested separately
after we have gained an understanding of the scope of work for the Traffic Study and the potential
issues that may be raised during the public comment period on the Draft EIR.
Please call to discuss any questions that you may have or if you have any requests for revisions
to the above. We look forward to working with you on the completion of this work effort.
Sincerely,
PCR SERVICES CORPORATION
Lauren Jue
Associate Principal
Attachment (1)
One Venture, Suite 150, Irvine, California 92613 -3323 ,vrz,+, e7 :v w,v.o cr c e-. com -- 9-19.753.7001 : ><9a9.753.7002
0
Attachment 'B"
SCOPE OF SERVICES
Task 4 Preparation of Response to Comments/Final EIR
Subtask 4.1 Preparation of Response to Comments /Administrative Final EIR
Based on discussions with the City staff, PCR will prepare a Response to Comments
document which will respond to all written comments received from agencies, interest groups, and
individuals during the 45 -day public review period for the Draft EIR. In addition, PCR will
prepare an errata section indicating revisions to the Draft EIR based on information received
during the public review period and information provided in the Response to Comments
document.
It is assumed that the Response to Comments document, including the errata section, will
address changes related to the revised Traffic Phasing Ordinance, including revisions to the
November 1999 Traffic Study prepared by WPA Traffic Engineering, Inc. (WPA).
A draft of the Response to Comments document, including the errata section,will be
submitted to the City staff and the Conexant Project Team for review and comment. Based on
comments received, PCR will prepare a revised Response to Comments document for final
approval by City Staff. The revised Response to Comments document and the documents that will
comprise the Administrative Final EIR will be distributed by PCR as directed by the City. In
addition, PCR in coordination with City staff will provide, via certified mail, the Response to
Comments document to commenting agencies for review ten days prior to action being taken on
the proposed project.
Subtask 4.2 Preparation of Certification Documents
PCR will work with City staff to prepare a draft of the required certification documents.
These documents will consist of a Statement of Findings and Facts in Support of Findings and,
if required, a Statement of Overriding Considerations. PCR will submit a draft of these
documents to the City for review and comment. Based on comments received, PCR will revise
and submit these documents to the City for distribution to the appropriate parties.
City or Newport Beach
PCR Services Corporation
Page 1
Conexant Ent
December 17. 1999
I
0
Subtask 4.3 Preparation of Final EIR
Attachment A: Scope of Services
After action is taken on the project and the EIR is certified as complete and final, PCR will
prepare and submit the Final EIR to the City. PCR will work with the City staff to determine the
number of copies, the type of originals, and the distribution of the Final EIR. PCR will prepare
for City staff review the Notice of Determination and will file the notice with the appropriate
agencies.
Task 5 Meetings and Hearings for Final EIR
PCR and WPA will prepare for and attend meetings related to the Response to Comments
document and the Final EIR and hearings related to the consideration of the approval of the project
and certification of the EIR. The meetings are estimated to consist of: a maximum of three
meetings with the City and the applicant; one Planning Commission Study Session; one Planning
Commission meeting; and one City Council meeting. Additional meetings will be attended on a
time and materials basis.
City of Newport Beach
PCR services Corporation
Page 2
Consent EIR
December 17, 1999
u
0 0
ATTACHI4IENT B
BUDGET
The following page provides a not -to- exceed budget estimate for the preparation of the
Response to Comments /Final EIR including revisions to the Traffic Study (Task 4) and meetings
for the preparation of the Response to Comments /Final EIR (Task 5). The total budget estimate
for these tasks as described in the scope of services is $55,558. This includes PCR staff hours,
WPA subconsultant fees (refer to attached letter), direct expenses, and printing. As shown in the
detailed cost estimate, the remaining budget of $4,268.28 (of which $4,137.69 is remaining budget
for WPA and $130.59 is the remaining budget for expenses), will be carried over from the first
phase of the contract. It should be noted that, if at the completion of the scope of services the
actual fees are less than the budget estimate indicated, the remaining balance will not be billed.
The following budget has been prepared prior to the receipt of the comment letters on the
Draft EIR. As such, PCR proposes a budget based on our current understanding of the project
and based on the anticipation that an average number of comment letters will be received
(approximately 20 letters of one to five pages in length). Should the need arise for additional
professional services beyond those set forth in the scope of services and budget provided herein,
PCR will request from the City written authorization to proceed prior to the initiation of the
additional services. This would include the need for the preparation of additional technical
documentation (e.g., technical documentation related to air quality, noise, or biological resources)
that is required by the City, changes in the project or the regulatory environment, or the need to
respond to a significant number of comment letters or number of comments above those
anticipated.
Invoices will be prepared for the work completed on a monthly basis. For each billing
period, PCR will provide information by subtask for the services performed. PCR reserves the
right to transfer fees between the tasks and subtasks, as appropriate.
Invoiced amounts are due 30 days from the date of the invoice. Traffic subconsultant
invoices will be paid within 30 days of the receipt of payment from the City.
City of Newport Beach
PCR services Corporation
Page 3
Conenut Ent
December 17, 1999
q
Detailed Budget
Conexant Project
Response to Comments /Final EIR
Task
Associate
Principal
Hours Rate
Senior
Planner
Hours Rare
Assistant
Planner
Hours Rate
GrapbicslWord
Processing
Hoots Rate
Total
Cost
Hours Cost
Task 4- Preparation of Response to ConamentslAdministrative Final EIR
Screcncheck Response to Comments
500
10
$250.00
Revised Screencheck Response to Comments
500
10
$250.00
Response to Comments/Administrative Final EIR (for Public Distribution)
Subtask 4.1- Preparation of Response to Comments/Administrative Final EIR
120
$100
100
$70
120
$50
100
$50
440
$30,000
Subu sk 4.2- Preparation of Certification Documents
24
$100
0
$70
40
$50
24
$50
88
$5,600
Subtask 4.3- Preparation of Final EIR
16
$100
24
$70
40
$50
24
$50
104
$6,480
Subtotal Task 4
$42,080
Task S- Meetings and Hearings for Final EIR (6)
24
$100.
20
$70
0
$50
.0
$50
44
$3,800
Technical Study for Response to CommentslFinat EIR
Revised Traffic Study and Response to Comments (WPA Traffic Engineering, Inc.)*
$6,200
Expenses (Including postage for cenified mail with FedEx to some agencies)**
$665
Printing Allowance
$2,813
TOTAL COST ESTIMATE
$55,558
Footnotes:
• The remaining budget of $4,137.69 will be carried over from the first phase of the contract, providing for a total fee of $10,337.69 for WPA.
•+ The remaining budget of $139.59 will be carried over from the first phase of the contract, providing for a toad of $795.59
Detailed Cost Estimate for Printing
Est. Pages
No. of Copies
Total Cost
Document
Screcncheck Response to Comments
500
10
$250.00
Revised Screencheck Response to Comments
500
10
$250.00
Response to Comments/Administrative Final EIR (for Public Distribution)
500
60
$1,500.00
Screembeck Certification Documents
50
10
$25.00
Certification Documents (for Public Distribution)
50
40
$100.00
Final EIR
550
25
$687.50
TOTAL COST OF PRINTING
$2,812.50
0
•
i •
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 24th day of August, 1998, by and between
CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as
"City "), and Planning Consultants Research, whose address is One Venture, Suite 150
Irvine, California, 92618, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City intends to prepare and process an Environmental Impact Report for
Rockwell Semiconductor Systems ( "Project').
C. City desires to engage Consultant to provide environmental services for
the Project upon the terms and conditions contained in this Agreement.
D. The principal members of Consultant, are for purpose of this Project are
Gregory J. Broughton, President and Lauren Jue, Proiect Manager.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the 24th day of August, 1998 and
shall terminate when City Council takes final action on the Environmental Impact
Report, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
contained in attachment "A" attached hereto and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, contained in attachment "B" and
incorporated herein by reference. No rate changes shall be made during the term of
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this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of One Hundred Sixty -five Thousand Four Hundred Forty -three Dollars
($165,443.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within
thirty (30) days of receipt of invoice subject to the approval of City and based upon
attachment "B ".
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with such approval.
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City will withhold payment of five
percent (5 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
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and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or faulty
performance by City, contractors, or governmental agencies, or any other delays
beyond Consultant's control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the, details in means of performing the work provided that Consultant is in
compliance with the terms of this Agreement. Anything in this Agreement which may
appear to give City the right to direct Consultant as to the details of the performance of
the services or to exercise a measure of control over Consultant shall mean that
Consultant shall follow the desires of City only with respect to the results of the
services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Lauren Jue to be its Project
Manager. Consultant shall not remove or reassign the principal members identified in
the Recitals or assign any new or replacement person to the Project without the prior
written consent of City. City's approval shall not be unreasonably withheld with respect
to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in attachment "C ". The failure by Consultant to strictly adhere to the schedule,
may result in termination of this Agreement by City, and the assessment of damages
against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable
control. However, in the case of any such delay in the services to be provided for the
Project, each party hereby agrees to provide notice to the other party so that all delays
can be addressed.
8.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition which purportedly causes a delay, and not later than the
date upon which performance is due. The Project Administrator shall review all such
requests and may grant reasonable time extensions for unforeseeable delays, which
are beyond Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been
scheduled or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all negligent acts or
Page 6
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers
or employees, and shall include attorneys' fees and all other costs incurred in defending
any such claim.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
$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.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount
of One Million Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City prompt and timely notice of claim made or suit instituted
arising out of Consultant's operation hereunder. Consultant shall also procure and
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maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that, in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on
behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Consultant, or of the interest of any general partner or joint venturer or
syndicate member or cotenant if Consultant is a partnership or joint- venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %)
or more of the voting power, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed documents for other projects and
any use of incomplete documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
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17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy
of all existing record information on file at City. Consultant shall be entitled to rely upon
the accuracy of data information provided by City or others without independent review
or evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple, Planning Director shall be considered the Project Administrator and shall have
the authority act for City under this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not
discontinue work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of
seven percent (7 %) per annum from the date of withholding of any amounts found to
have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional design, construction and /or a restoration expense shall be borne by
Consultant. Nothing in this paragraph is intended to limit City's rights under any other
sections of this Agreement.
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22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(714) 644 -3300 Fax 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Planning Consultants Research
Attention: Lauren Jue
One Venture, Suite 150
Irvine, California 92618
(949) 753 -7001 Fax 753 -7002
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26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) days, or if more than two (2) days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within two (2) days after receipt of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, the nondefaulting party may
terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same
or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
32. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By: L L
Robin Clauson
Assistant City Attomey
City of Newport Beach
ATTEST:
BY'✓f
LaVonne Harkless
City Clerk
F: \use rs\pin\shared\pendi ng\rockwel I \cc -app r. doc
08.24.98
CITY OF NEWPORT BEACH
A Municipal Corporation
Thomas Edwards
Mayor
City of Newport Beach
CONSULTANT
By:
Greaory J. Broughton. President
Page 12
v �Ewc°gr CITY OF NEPORT BEACH
o° oe COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(714) 644 -3200; FAX (714) 644 -3250
Healing Date:
Agenda Item No.:
Staff Person:
PROJECT: Rockwell Semiconductor Systems Expansion
C38i
C - 's aa9
August 24, 1998
9
Marc Myers
(949) 644 -3210
�
ACTION: Approve a Professional Services Agreement with Planning Consultants
Research (PCR) of Irvine, California, for professional environmental
services for a contract price of $165,443.00.
BACKGROUND:
Council Policy F -14, Authority to Contract For Services, authorizes Department Heads to award
contracts for services of less than $30,000.00 without further review. However, contracts in excess
of $30,000.00; contracts for service not specified in the approved budget; and contracts for services
which exceed the amount authorized by the City Council in the budget must be submitted to the
City Council for specific approval before the contract is awarded. Additionally, the City Attorney is
required to review all specific contract documents prior to contract award.
It should also be noted that the City's standard practice for more than 20 years has been to select
environmental consultants from a list of firms previously qualified by the City, when agreed to by
the applicant. The City has followed this practice because the time limits on EIR preparation make
it impractical to do a full selection process for each case. Attached is a letter from Rockwell
authorizing the City to contract with PCR for environmental services. Additionally, no City funds
are involved in these contracts, as the applicant is responsible for the cost of EIR preparation.
SUMMARY:
Planning Consultants Research has provided a proposal to perform professional environmental
services for the City of Newport Beach for the preparation and processing of a Program
Environmental Impact Report and supporting documents for Rockwell Semiconductor Systems'
expansion. Attached is a copy of the proposal submitted by PCR. The proposal contains the scope
of services through the completion of the Draft Program EIR, proposed budget, and time schedule
for preparation and processing the environmental documentation. At the City's request, the scope
of services for the preparation of the Response to Comments and Final Program EIR will be
addressed under a separate agreement after the extent of the public comments on the Draft Program
EIR is determined. Staff has reviewed the scope of services and determined that the services that
will be provided meet or exceed the minimum requirements set forth by the California
Environmental Quality Act. The environmental consulting fees for tasks described in the scope of
services including PCR staff hours, technical studies, direct expenses, and printing have been
reviewed by staff and are considered appropriate and warranted.
r •
The Assistant City Attorney is reviewing the form and content of the Professional Services
Agreement. The agreement will be delivered on Friday, the 21" of August.
Submitted by:
SHARON Z. WOOD
Assist t City Manager
Attachments: Scope of Services Proposal
Letter from Rockwell
Prepared by:
MARC W. MYERS
Associate Planner
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PLANNING CONSULTANTS RESEARCH
ENVIRONMENTAL PLANNING. POLIO' EE RESEARCH
July 16, 1998 RECEIVED BY T
PLANNING DEPARTIAEh
CITY OF NEWPORT !?EACH
Ms. Patricia Temple
Director, Planning Department m AM JUL 1 b W8 8 ?M
Community and Economic Development
CITY OF NEWPORT BEACH 71819110111112111213141516
3300 Newport Boulevard
Newport Beach, California 92658 -8915
Re: Scope of Services for Rockwell Semiconductor Systems Draft Program EIR
Dear Ms. Temple:
Planning Consultants Research (PCR) is pleased to submit a scope of services to provide environmental
services to the City of Newport Beach for the preparation and processing of the Rockwell Semiconductor Systems
Program Environmental Impact Report (Program EIR) and the supporting technical documents. The scope of
services, proposed budget, and proposed project schedule are provided as attachments to this letter. Three
additional copies have been enclosed for your use.
Please note that the scope of services and final budget for WPA Traffic Engineering, Inc. will be provided
under separate cover on Monday. Wes Pringle is working with the City Traffic Engineer to determine the need
for a model run. The fee provided in the proposed budget reflects a model run.
Based on our discussions, PCR's work effort will consist of the scope of services through the completion
of the Draft Program EIR. The scope of services for the preparation of the Response to Comments and Final
Program EIR will be addressed under separate agreement after the extent of the public comments on the Draft
Program EIR is determined.
Please call with any comments or revisions to the attached information. We look forward to working with
you and your staff on this important project for the City of Newport Beach.
Sincerely,
PLANNING CONSULTANTS RESEARCH
Grego�ghton
President
Enc. Attachment A: Scope of Services
Attachment B: Budget
Attachment C: Project Schedule
233 WILSHIRE BOULEVARD, SUITE 130
SANTA MONICA, CALIFORNIA 90401
TEL 310 451 -4488 FAx 310 451 -5279
E -MAIL: PCR @IDT.NET
XJue
Project Manager
ONE VEA -.RE, SUITE 150 ✓
IRVINE, CALIFORNIA 92618
TEL 949 753 -7001 FAY 949 753 -7002
E -MA::; PCR2 @IDT.NET
•
•
ROCKWELL SEMICONDUCTOR SYSTEMS PROGRAM EIR
ATTACHMENT A:
SCOPE OF SERVICES
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ATTACHMENT A
SCOPE OF SERVICES
OVERVIEW OF APPROACH
•
PCR has developed a scope of services to provide environmental services to the City of
Newport Beach for the preparation and processing of the Rockwell Semiconductor Systems
Program Environmental Impact Report (Program EIR) and supporting technical documents. Key
aspects of PCR's approach to providing these services include the following:
Legally- defensible EIR. The PCR Project Team will prepare a legally defensible
Program EIR consistent with the requirements of the California Environmental Quality
Act (CEQA) and the CEQA Guidelines. The Program EIR will analyze the buildout
of the Rockwell Semiconductor Systems (Rockwell) project site while allowing for
flexibility in the phasing of development in response to market demands and
programmatic needs. Additionally, the Program EIR will be prepared to facilitate the
environmental review of future development activities that implement the buildout of
the project.
• Coordination with City staff. The PCR Project Team will coordinate with and serve
as an extension of City staff for the environmental review process. This will include
the preparation and distribution of all notices and documents, conducting a public
scoping meeting, and presenting the environmental analysis process for the project at
public hearings.
• Incorporation of previous analyses. Where possible, the PCR Project Team will
utilize previous studies prepared for the City and Rockwell as a basis for the analysis
in the Draft Program EIR. This will include design studies, traffic and parking data,
geotechnical studies, water quality and stormwater drainage information, noise
assessments, and hazardous materials information.
• Proactive, solution- oriented analysis. The PCR Project Team will work with the City
and the Rockwell Project Team to develop solutions to environmental issues and
concerns that can be incorporated into the project design, provided as mitigation
measures, or addressed as alternatives to the proposed project.
Based on discussion with the City, PLR's current work effort will consist of the scope of
services through the completion of the Draft Program EIR. The scope of services for the
preparation of the Response to Comments and Final Program EIR will be addressed under a
separate agreement after the extent of the public comments on the Draft Program EIR is
determined.
City or Newport Beach Rockwell semiconductor Systems Program EIR
Planning Consultants Research Page 1 July 16, 1998
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IDENTIFICATION OF TASKS
Attachment A: Scope of Services
The overall scope of services for the preparation and processing of the Program EIR
consists of the five tasks summarized below. PCR's initial work effort would include Tasks 1,
2, and 3.
Task
Description
Task 1
Project Initiation
Subtask 1.1
Preliminary Data Collection and Evaluation
Subtask 1.2
Preparation of Notice of Preparationflnitial Study
Task 2
Preparation of Draft Program EIR
Subtask 2.1
Preparation of Screencheck Draft Program EIR
Subtask 2.2
Preparation of Draft Program EIR
Subtask 2.3
Preparation of Mitigation Monitoring Program
Task 3
Attendance at Meetings for Draft Program EIR
Task 4
Preparation of Response to Comments/Finat Program EIR
Subtask 4.1
Preparation of Response to Comments /Administrative Final Program EIR
Subtask 4.2
Preparation of Certification Documents
Subtask 4.3
Preparation of Final Program EIR
Task 5
Attendance at Meetings and Hearings for Final Program EIR
The following provides a description of PLR's initial work effort (Tasks 1, 2, and 3) and
the subsequent work effort that will be addressed under a separate agreement (Tasks 4 and 5).
Task 1 Project Initiation
Subtask 1.1 Preliminary Data Collection and Evaluation
PCR will collect and review the previous studies and documentation related to the proposed
project and the project site that have been prepared for the City and Rockwell. In addition, PCR
will collect and review relevant land use planning information for the Cities of Newport Beach
and Irvine and the University of California, Irvine (UCI). This information will be evaluated to
determine the extent of additional data or studies required.
City of Newport Beach Rockwell Semiconductor Systems Program EIR
Planning Consultants Research Page 2 July 16. 1998
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Attachment A: Scope of Services
0 Subtask 1.2 Preparation of Notice of PreparationlInitial Study
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PCR will prepare a draft Initial Study which includes a Project Description, the California
Environmental Quality Act (CEQA) Environmental Checklist form, and an explanation for the
responses on the Environmental Checklist form. The Initial Study preparation process will be
used to define, to the extent possible, the Project Description for the proposed project, the
cumulative projects, and the alternatives to the proposed project for purposes of the CEQA
analysis. This will include the use of figures and statistical information to illustrate: the potential
phases of development and buildout of the proposed project; proposed circulation including access
points and internal roadways; and parking. Additionally, the Initial Study preparation process will
be used to focus out of the scope of the Draft Program EIR environmental issues such as
Biological Resources and Cultural Resources that will not be significant environmental impact of
the proposed project.
PCR will submit ten (10) copies of the Screencheck Initial Study to the City. After review
and comment by City staff and the Rockwell Project Team, PCR will prepare a final Initial Study
for public distribution. It is assumed that eighty (80) copies of the Initial Study will be printed
and distributed via certified mail by PCR. PCR will prepare a Notice of Preparation for
distribution with the Initial Study or as a stand alone document.
At the request of the City, PCR will conduct a scoping meeting during the 30day public
review period for the Notice of Preparation. PCR will coordinate the preparation of materials,
posting of notices for the meeting, and the presentation of information related to the environmental
review process.
Task 2 Preparation of Draft Program EIR
Subtask 2.1 Preparation of Screencheck Draft Program EIR
The preparation of the Screencheck Draft Program EIR is proposed to be initiated at a
meeting with City staff, the Rockwell Project Team, and PCR after the Initial Study has been
completed. The agenda for this meeting is proposed to include: (1) refinement of the scope of
services regarding the environmental topics and alternatives to be included in the Screencheck
Draft Program EIR based on the Initial Study and the most recent information concerning the
proposed project; (2) refinement of the schedule for the environmental review process and
identification of specific due dates for deliverables; (3) review of the format for the Screencheck
Draft Program EIR; and (4) identification of any additional information wbich may be required
to initiate the preparation of the Screencheck Draft Program EIR.
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The following outline provides the proposed organization and content of the Screencheck
Draft Program EIR including the environmental impact categories that will be addressed. It is
assumed that the Biological Resources and Cultural Resources environmental topics will be
focused out of the scope of the Draft Program EIR based on documentation within the Initial
Study.
ROCKWELL SEMICONDUCTOR SYSTEHIS PROJECT
SCREENCIIECK DRAFT PROGRAM EIR OUTLINE
I. EXECUTIVE SUMMARY
11. PROJECT DESCRIPTION
111. ENVIRONMENTAL SETTING
IV. ENVIRONMENTAL IMPACT ANALYSIS
A. Land Use and Planning
B. Population and Housing
C. Geologic Issues
D. Water
E. Air Quality
F. Transportation/Circulation
G. Hazards
H. Noise
I. Public Services
J. Utilities and Service Systems
K. Aesthetics
L. Recreation
V. ALTERNATIVES
A. No Project alternative
B. Design and /or Reduced Intensity Alternatives
VI. GENERAL IMPACTS
VII. PERSONS AND ORGANIZATIONS CONSULTED /REFERENCES
An Appendix will provide relevant information from the public participation and scoping
process for the Draft Program EIR, including the Notice of Preparation/Initial Study and public
comments received during the 30-day public review period. A Technical Appendix, bound under
a separate cover, will include the following: Air Quality Assessment, Traffic Study, Hazards /Risk
of Upset Assessment, Noise Assessment, public services and utilities questionnaires, and
correspondence.
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The following provides a description of the sections of the Screencheck Draft Program
EXECUTIVE SUMMARY
An Executive Summary will be provided to encapsulate the contents of the Program EIR
in order to provide a quick understanding of the proposed project's impacts. The Executive
Summary will identify and briefly discuss the proposed project under consideration, the
environmental impacts associated with the proposed project's implementation, and the alternatives
to the proposed project. The Executive Summary will include a table identifying all of the
environmental topics evaluated, conclusions regarding impacts, recommended mitigation
measures, and the level of significance after mitigation.
Il. PROJECT DESCRIPTION
The Project Description will be composed of three subsections: Location and Setting,
Statement of Project Objectives, and Project Characteristics . The Location and Setting subsection
• will provide: a description of the size, location, and boundaries of the project site; the location
within the region relative to the City and adjacent jurisdictions; and the existing and planned land
uses on and adjacent to the project site. This description will be illustrated with maps and figures,
including regional and vicinity location maps.
The Statement of Project Objectives subsection will define the City's objectives and
Rockwell's objectives for the proposed project. These objectives will generally reflect planning,
environmental, programmatic, and socioeconomic goals. The Statement of Project Objectives will
be utilized to establish the criteria for the selection of a reasonable range of project alternatives
to be evaluated within the Program EIR. It will also provide the basis for any subsequent
rejection of alternatives in the Statement Findings and Facts and /or the definition of Overriding
Considerations during the decision making process.
The Project Characteristics subsection will provide a description of the proposed project
including: the phases of development and buildout; population in terms of employment; special
design features; circulation elements including vehicular and pedestrian access, internal roadways,
and parking; infrastructure improvements; anticipated construction timeframes; and a list of
required discretionary actions and approvals. The information will be illustrated with color and
black and white graphics and statistical information, as appropriate.
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This section will provide an overview of the environmental setting for the proposed project
including: an analysis of the major environmental characteristics and existing development on the
project site; the existing land uses and activities in the surrounding the area; and the past, present,
and reasonably foreseeable future projects that will be addressed in the cumulative analysis for
each environmental topic. PCR will work with the City and WPA Traffic Engineering, Inc. to
identify the projects and other factors which comprise the cumulative setting. This information
will be illustrated with graphics and statistical information, as appropriate.
IV. ENVIRONMENTAL IMPACT ANALYSIS
For the environmental topics identified in the outline provided above, this section will
provide the Environmental Setting, Thresholds of Significance, Project Impacts, Cumulative
Impacts, Mitigation Measures, and the Level of Significance after Mitigation. The assessment of
environmental impacts will be consistent with CEQA, the CEQA Guidelines, and the City's
requirements for implementation of CEQA. It is assumed that the environmental impact analysis
will address two phases and the buildout of the proposed project. An overview of the technical
approach for the analysis of each environmental topic to be addressed in the Screencheck Draft
Program EIR is provided below.
A. Land Use and Planning
PCR will evaluate the potential for the proposed project, including the amendment to the
Koll Center Newport Beach Planned Community Text, to result in land use impacts with respect
to land use designations and compatibility conflicts with on -site and surrounding land uses. The
discussion of the environmental setting for the proposed project will define: relevant land use
designations, goals and policies, and zoning; existing land uses on and adjacent to the project site;
and existing land use compatibility issues associated with the current use of the project site. PCR
will evaluate the potential project - specific and cumulative impacts of the proposed project. The
impact analysis will address:
• Definition of significance thresholds to determine impacts with respect to land use and
planning.
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• Consistency with the City of Newport General Plan land use designations, applicable
goals and policies, and zoning.
• Compatibility with the land use designations and zoning for the adjacent properties in
the City of Irvine and the UCI North campus.
• Compatibility with existing on -site and surrounding land uses based on potential
conflicts as a result of impacts related to traffic, air quality, noise, hazards, and
aesthetics.
Mitigation measures will be provided for significant impacts that are identified and the
level of significance after mitigation will be defined.
B. Population and Housing
PCR will analyze the potential for the proposed project to result in substantial population
growth and associated implications related to housing due to increases in employment. The
analysis will utilize demographic information provided by Rockwell and local and regional
forecasts from the City and the Southern California Association of Governments (SCAG). The
discussion of the environmental setting for the proposed project will define: local and regional
population projections; existing employment on the project site; existing issues related to the
balance of employment and housing; and applicable General Plan Housing Element goals and
policies. PCR will evaluate the potential project - specific and cumulative impacts of the proposed
project. The impact analysis will address:
• Definition of significance thresholds to determine impacts with respect to population
growth and housing.
• The incremental increase in population due to employment and potential effects related
to local and regional population projections and housing.
• Issues related to the balance of employment with housing in the City and adjacent
communities.
• Consistency with the applicable goals and policies of the General Plan Housing
Element.
Mitigation measures will be provided for significant impacts that are identified and the
level of significance after mitigation will be defined.
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C. Geologic Issues 0
PCR will evaluate the potential for the proposed project to result in or expose people or
property to geologic problems. The evaluation will be based on review of existing geotechnical
and soils information provided by Rockwell and from other sources. The following information
will be defined for the environmental setting for the proposed project: existing geotechnical
conditions on and adjacent to the project site; the location of faults, areas of ground failure, and
known and predicted effects of seismic activity; areas of existing fill, excavations, or unstable soil
conditions; and soil characteristics. PCR will evaluate the potential project - specific and
cumulative impacts of the proposed project. The impact analysis will address:
• Definition of significance thresholds to determine impacts with respect to geologic
issues.
• Potential effects of existing geologic hazards and seismic activity.
• Changes in topography or potential effects of existing fill, excavations, or unstable soil
conditions.
• Issues related to erosion during construction activities and ongoing operations. 0
Mitigation measures will be provided for significant impacts that are identified and the
level of significance after mitigation will be defined.
D. Water
PCR will evaluate the potential for the proposed project to result in changes to surface
drainage, exposure to water hazards such as flooding, and changes to quantity or quality of
surface water or groundwater. PCR will also evaluate the availability of an adequate water supply
for the proposed project and the potential for the proposed project to result in a reduction of
groundwater available for public water supplies. The evaluation will be based on a review of
existing information provided by Rockwell and from other sources. The following information
will be used to define the existing environmental setting for the proposed project: the existing
drainage patterns on and adjacent to the project site; existing water usage and drainage facilities
associated with the current use of the project site; and water quantity and quality data from
ongoing water monitoring activities. PCR will evaluate the potential project - specific and
cumulative impacts of the proposed project. The impact analysis will address:
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• Definition of significance thresholds to determine impacts with respect to water
resources.
• Changes in absorption rates, drainage patterns, or the rate and amount of surface
runoff.
• Potential for changes to surface drainage to result in exposure to water hazards such
as flooding.
• Changes to quantity or quality of the surface water and groundwater due to stormwater
runoff, erosion, and water discharges from construction activities and ongoing
operations.
• Availability of an adequate water supply for the proposed project and the potential
reduction of groundwater available for public water supplies.
Mitigation measures will be provided for significant impacts that are identified and the
level of significance after mitigation will be defined.
E. Air Quality
PCR will prepare an air quality assessment for the proposed project that will address the
following: regulatory setting, existing air quality conditions, construction emissions, regional
mobile source emissions (using regional travel characteristic data obtained from the Air District
and the EMFAC7F1.I emission factor model), regional stationary source emissions, local mobile
source emissions (utilizing the CALINE 4 model), and conformity with the Air Quality
Management Plan (AQMP). Emissions information will be used to model predicted carbon
monoxide (CO) at key intersections. All quantitative analyses will be conducted in accordance
with procedures set forth by the California Air Resources Board (CARB), the South Coast Air
Quality Management District (SCAQMD), and/or other agencies and compared to significance
thresholds established by these agencies as well as ambient air quality standards. The following
information will be defined for the existing environmental setting for the proposed project:
existing climate and regulatory setting; existing air quality conditions; and current emissions from
the Rockwell facility. PCR will evaluate the potential project - specific and cumulative impacts of
the proposed project. Assumptions regarding construction activities and the ongoing operations
of the proposed project by phase and buildout will be based on information provided by Rockwell.
Mobile source emissions will be based on traffic information provided by WPA Traffic
Engineering, Inc. by phase and buildout. The impact analysis will address:
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• Definition of significance thresholds to determine impacts with respect to air quality.
• Construction emissions and operational emissions by phase and buildout.
• Proposed project's contribution to regional mobile source emissions and regional
stationary source emissions by phase and buildout.
• Local mobile source emissions by phase and buildout, including predicted CO emission
levels at key intersections.
• Conformity with the AQMP.
Mitigation measures will be provided for significant impacts that are identified and the
level of significance after mitigation will be defined.
F. Transportation/Circulation
PCR will summarize the traffic study and parking information prepared by WPA Traffic
Engineering, Inc. The scope of services for WPA Traffic Engineering, Inc. will be provided to
the City under separate cover. Additionally, PCR will provide a qualitative discussion of potential
issues related to air traffic and alternative modes of transportation. The analysis will generally
address:
• Definition of significance thresholds to determine impacts with respect to
transportation/circulation and parking.
• Existing traffic conditions, future traffic conditions without the proposed project, and
future traffic conditions with the proposed project by phase and buildout.
• Safety issues and hazards related to the proposed circulation improvements including
vehicular and pedestrian access to the project site, internal roadways, and parking.
• Issues related to air traffic and alternative modes of transportation.
Mitigation measures will be provided for significant impacts that are identified and the
level of significance after mitigation will be defined.
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G. Hazards
PCR will prepare a hazards /risk of upset assessment which will evaluate the proposed
project with respect to baseline chemical and physical hazards to the public or occupational health
and safety that could potentially occur due to construction activities or the ongoing operation of
the proposed project. Credible accident scenarios with a greater than one in a million chance of
occurrence will be researched and compiled as baseline information. Based on an identified
scenario, PCR will evaluate the potential impact of the worst case release of upset. Based on
information provided by Rockwell, the potential hazards /risk of upset assessment will consider:
solvent storage, distribution, use, recycling, and venting; Extremely Hazardous Substances (EHS)
storage in cylinders and in use; and chemical residuals in soils and ground water from the past use
of the project site. Information will be sought from Rockwell, the Fire Department, the U.S.
Environmental Protection Agency (EPA), CALEPA, and SCAQMD with regard to known or
registered hazards and available plans. The regulations for the production, use, storage, and
transportation of chemicals will be defined. PCR will evaluate the potential project - specific and
cumulative impacts of the proposed project. The impact analysis will address:
• Definition of significance thresholds to determine impacts with respect to hazards and
risk of upset.
• Potential for impacts to occur based on mathematical simulation of upset conditions.
• Potential risk of upset which may result in exposure of people to hazardous substances.
• Potential for interference with emergency response or evacuation plans.
• Potential exposure of people to existing health hazards or the creation of health hazards
due to construction activities and operations.
Mitigation measures will be provided for significant impacts that are identified and the
level of significance after mitigation will be defined.
H. Noise
PCR will prepare a noise assessment to address the potential noise impacts associated with
increases in noise levels as a result of the proposed project. This will be accomplish by
determining the increases in noise levels from the existing ambient noise levels on and in the
vicinity of the project site and identifying the impacts of construction, operations, and traffic -
generated noise based on defined noise criteria. If it is determined to be necessary, PCR will
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conduct ambient noise measurements at a maximum of three locations in the project vicinity in
order to establish a baseline for the noise assessment. The following information will be defined
for the existing environmental setting for the proposed project: current noise regulations for land
uses on and adjacent to the project site; existing noise levels on and adjacent to the project site
including noise from current operations and traffic; location of noise sensitive land uses or
functions on or adjacent to the project site. PCR will model noise impacts from construction,
project - related traffic, and operations activities. Assumptions regarding construction activities and
the ongoing operations of the proposed project by phase and buildout will be based on information
provided by Rockwell. Traffic generated noise will be based on traffic information provided by
WPA Traffic Engineering, Inc. by phase and buildout. Modeling efforts, using procedures and
algorithms supported by the Federal Highway Administration (FHWA) and industry standards,
will provide for an evaluation of the potential project - specific and cumulative impacts of the
proposed project. The impact analysis will address:
• Definition of significance thresholds to determine impacts with respect to noise.
• Potential construction noise sources and distance -based attenuation estimates of short-
term noise impacts to on -site and surrounding land uses by phase and buildout.
• Changes in noise levels due to the incremental increase in vehicular traffic as a result
of the proposed project by phase and buildout.
• Changes in ambient noise levels due to the operation of the proposed project by phase
and buildout and potential effects to on -site and surrounding land uses.
Mitigation measures will be provided for significant impacts that are identified and the
level of significance after mitigation will be defined.
I. Public Services
PCR will prepare an inventory of existing public services and facilities that serve the
project site and vicinity. An analysis of the proposed project's impacts on the delivery of fire
protection, police protection, and other public services to the project site and the surrounding
vicinity will be provided. PCR will utilize existing documentation and a public services
questionnaire sent to the service providers. Assessments of the adequacy of facilities and levels
of service will be based upon the judgment of the service provider. The following baseline
environmental information will be defined: the existing levels of service, staffing, and equipment
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for the project site; service requirements based on the location, type of land use,. and
improvements; and fire suppression and security measures currently in place on the project site.
Additionally, PCR will analyze the potential for the proposed project to result in an impact
to school capacity levels. The analysis will utilize existing documentation and a public services
questionnaire sent to the school district(s). Assessments of the adequacy of facilities and school
capacity will be based upon the judgment of the respective school district. PCR will evaluate the
potential project - specific and cumulative impacts of the proposed project. The impact analysis
will address:
• Definition of significance thresholds to determine impacts with respect to public
services and schools.
• Changes to the levels of service or the identification of the need for additional staffing,
equipment, or facilities for the service providers to serve the proposed project.
• Potential conflicts or impacts to emergency response plans or evacuation routes.
• School capacity levels and the effect of increases in employment on population growth
related to the generation of students.
Recommended mitigation measures will be provided consistent with the policies and
programs of the service providers to reduce the identified significant impacts. The level of
significance after the implementation of the mitigation treasures will be defined.
I Utilities and Service Systems
PCR will evaluate the potential for the proposed project to result in impacts to the existing
and proposed infrastructure systems, including sewer, water, storm drainage, solid waste, electric
power, and natural gas systems for the project site. The adequacy of the existing and proposed
systems will be based upon information from utilities and service systems questionnaires sent to
the providers and information requested from Rockwell. The following baseline environmental
information will be defined: the current service provider; the existing capacity and adequacy of
the existing on -site and off -site facilities and systems; and proposed generation or consumption
rate. PCR will request information from Rockwell regarding the nature and scope of the
improvements required to serve the proposed project. PCR will evaluate the potential project -
specific and cumulative impacts of the proposed project. The impact analysis will address:
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Definition of significance thresholds to determine impacts with respect to utilities and
service systems.
Changes to the existing capacities of on -site and off -site facilities and systems as a
result of the proposed project and the identification of any resulting deficiencies.
Adequacy of the on -site and off -site utility improvements to service the proposed
project.
Recommended mitigation measures will be provided consistent with the policies and
programs of the service providers to reduce the identified significant impacts. The level of
significance after the implementation of the mitigation measures will be defined.
K. Aesthetics
PCR will evaluate the potential for the proposed project to result in impacts to aesthetics
on the project site and in the vicinity of the project site with regard to views or scenic vistas open
to the public, reflective light, and nighttime illumination. The following baseline environmental
information will be defined: existing visual quality of the project site and vicinity; views or vistas
open to the public; and sources of reflective light and nighttime illumination. PCR will evaluate
the potential project - specific and cumulative impacts of the proposed project. This will include
an analysis of the changes to the Koll Center Newport Planned Community Development
Standards including the "Special Features" which address building setbacks along Jamboree Road,
parking structure aesthetics, and maximum building areas and massing. The impact analysis will
address:
• Definition of significance thresholds to determine impacts with respect to aesthetics.
• Changes to the visual quality of the project site and vicinity, views or vistas open to
the public, and reflective light and nighttime illumination.
Mitigation measures will be provided for significant impacts that are identified and the
level of significance after mitigation will be defined.
L. Recreation
PCR will analyze the potential for the proposed project to result in an impact due to an
increase in demand for recreational facilities. The analysis will utilize a questionnaire sent to the
respective jurisdiction. Assessments of the adequacy of facilities and levels of service will be
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based upon the judgment of the facility provider. PCR will evaluate the potential project - specific
and cumulative impacts of the proposed project. The impact analysis will address:
• Definition of significance thresholds to determine impacts with respect to recreation.
• Changes to the levels of service at existing facilities.
Recommended mitigation measures will be provided consistent with the policies and
programs of the facility provider to reduce the identified significant impacts: The level of
significance after the implementation of the mitigation measures will be defined.
V. ALTERNATIVES
The Program EIR will include an analysis of alternatives consistent with the requirements
of CEQA, the CEQA guidelines, and PLR's understanding of current CEQA practice. The
alternatives will be based on information discussed at the Rockwell site visit and further refined
by PCR, the City staff, and the Rockwell Project Team as a result of the preparation of the Initial
Study, comments received in response to the Notice of Preparation, and the conclusions of the
environmental impact analysis prepared for the proposed project. It is anticipated that three
design and/or reduced intensity alternatives and the mandatory no- project alternative will be
analyzed in the Screencheck Draft Program EIR.
For each alternative, this section will provide a description of the alternative, consideration
of the alternative's feasibility in relationship to the Statement of the Project Objectives, and a
comparative analysis of the environmental impacts of the alternative versus the impacts as a result
of the proposed project. The alternatives will be evaluated in a more qualitative and comparative
manner than the analysis described above for the proposed project. If required, the evaluation of
transportation/circulation, noise, and air quality impacts associated with the various alternatives
will be presented in terms of percent reduction of impact as compared to the proposed project.
VI, GENERAL IMPACTS
This section will provide the following CEQA - required analyses: (1) Relationship between
Local Short-Term Uses and Long -Term Productivity; (2) Significant Irreversible Environmental
Changes; and (3) Growth - Inducing Impacts.
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VII. PERSONS AND ORGANIZATIONS CONSULTED /REFERENCES
This section will provide lists of the individuals responsible for or consulted during the
preparation of the Screencheck Draft Program EIR and technical studies. A list of the references
used in the preparation of the Draft Screencheck Program EIR will also be provided.
At its completion, PCR will submit ten (10) copies of the Screencheck Draft Program EIR
and Technical Appendices for review and comment by the City staff and the Rockwell Project
Team. After the incorporation of the revisions to reflect comments received, PCR will submit
two (2) copies of a revised Screencheck Draft Program EIR for final review and approval.
Subtask 2.2 Preparation of Draft Program EIR
Subsequent to City staff and Rockwell Project Team review of the revised Screencheck
Draft Program EIR, PCR will prepare the Draft Program EIR. PCR will print 80 copies
(estimated at 300 pages each) of the Draft Program EIR and 60 copies (estimated at 300 pages
each) of the Technical Appendix. PCR will transmit the Draft Program EIR to the State
Clearinghouse and distribute the documents for public review via certified mail. PCR will prepare
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Subtask 2.3 Preparation of Mitigation Monitoring Program
PCR will prepare a Draft Mitigation Monitoring Program (MMP) for submittal to City
staff and the Rockwell Project Team for review and comment. The MMP will contain a
compilation of the mitigation measures provided in the Draft Program EIR, listed by impact
category, with agency monitoring and enforcement responsibility and monitoring phase identified
for each measure. The MMP will be prepared consistent with the City's required format. The
MMP will be finalized at a time in the environmental process that is determined to be appropriate
by the City staff.
Task 3 Attendance at Meetings for Draft Program EIR
PCR will attend a total of twelve (12) meetings related to the preparation of the Draft
Program EIR. This would include: meetings with City staff and the Rockwell Project Team to
address project initiation, data collection, and review of the environmental documentation and
technical studies; meetings with adjacent jurisdictions and local interest groups; and an
agency /public scoping meeting.
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Task 4 Preparation of Response to Comments/Final Program EIR
Subtask 4.1 Preparation of Response to Comments /Administrative Final Program
EIR
Based on discussions with the City staff, PCR will prepare a Response to Comments
document which will respond to all written comments received from agencies, interest groups, and
individuals during the 45-day public review period for the Draft Program EIR. In addition, PCR
will prepare an errata with revisions to the Draft Program EIR based on information received
during the public review period and provided in the Response to Comments document. A Draft
of the Response to Comments document and an errata to the Draft Program EIR will be submitted
to the City staff and the Rockwell Project Team for review and comment. Based on comments
received, PCR will prepare a revised Response to Comments document and compile the
documents that will comprise the Administrative Final Program EIR for submittal to the City.
PCR in coordination with City staff will provide the Response to Comments document to
commenting agencies for review prior to action being taken on the proposed project.
Subtask 4.2 Preparation of Certification Documents
PCR will work with City staff to prepare a draft of the required certification documents.
These documents will consist of a Statement of Findings and Facts in Support of Findings and,
if required, a Statement of Overriding Considerations. PCR will submit a draft of these
documents to the City for review and comment. Based on comments received, PCR will revise
and submit these documents to the City for distribution to the appropriate parties.
Subtask 4.3 Preparation of Final Program EIR
After action is taken on the project and the Program EIR is certified as complete and final,
PCR will prepare and submit the Final Program EIR to the City. PCR will work with the City
staff to determine the number of copies, the type of originals, and the distribution of the Final
Program EIR. PCR will prepare for City staff review the Notice of Determination and will file
the notice with the appropriate agencies.
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Task 5 Attendance at Meetings and Hearings for Final Program EIR
PCR will attend meetings for the preparation of the Response to Continents document and
the Final Program EIR and hearings related to the consideration of the approval of the project and
certification of the Program EIR. The number of meetings will be determined at a later date.
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ATTACHMENT B:
BUDGET
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ATTACHMENT B
BUDGET
The following pages provide a detailed budget for the preparation of the Draft Program
EIR and related technical documentation (Tasks 1 and 2) and attendance at meetings for the
preparation of the Draft Program EIR (Task 3). The total budget for these tasks as described in
the scope of services is $165,443 including PCR staff hours, technical studies, direct expenses,
and printing. As discussed above, the services for the preparation of the Response to Comments
and the Final Program EIR (Tasks 4 and 5) will be addressed under a separate agreement after the
extent of the public comments on the Draft Program EIR is determined.
PCR proposes a cost -effective scope of services based on our current understanding of the
project. Should the need arise for additional professional services beyond those set forth in the
scope of services and budget provided herein due to changes in the project or the regulatory
environment, PCR will request from the City written authorization to proceed prior to the
initiation of the additional services.
Invoices will be prepared for the work completed on a monthly basis. For each billing
period, PCR will provide information by subtask for the services performed. PCR reserves the
right to transfer fees between the environmental topics, as appropriate.
Invoiced amounts are due 30 days from the date of the invoice. Traffic subconsultant
invoices will be paid within 30 days of the receipt of payment from the City.
City of Newport Beach Rockwell Semirouductor Systems Program Ent
Planning Cowultmts Research Page 19 July -16, 1948
f
E
0 Detail tudget 0 . .
Rockwell Semiconductor Systems Draft Program EIR
Task
Principal
Hours Rate
Principal
Planner
Hours Rate
Senior Planner/
Planner
Hours Rate
Associate/Assistant
Planner
Hours Rate
Graphics/Word
Processing
Hours Rate
Total Cost
Hours Cost
ask 1--Project Initiation
Subtask LI- Preliminary Data Collection and Evaluation
4
$175
24
$90
16
$80
24
S50
0
$50
68
$5,340
Subtask l2- Preparation of Notice of Preparation /Initial Study
4
$175
40
$90
24
$80
40
$50
32
$50
140
$9,820
Subtotal Task
8
64
40
64
32
208
$15,160
Task 2- Preparation of Draft Program EIR
Subtask 2.1- Preparation of Screencheck Draft Program EIR*
• Executive Summary
0
$175
8
$90
8
$80
24
$50
8
$50
48
$2,960
• Project Description
4
$175
36
$90
8
580
24
$50
16
$50
88
$6,580
• Environmental Setting
0
$175
24
$90
8
S80
40
$50
8
S50
80
$5,200
• Environmental Impact Analysis
- Land Use and Planning
2
$175
24
$90
24
$80
40
S50
8
$50
98
$6,830
- Population and Housing
I
5175
16
$90
16
$80
24
$50
2
S50
59
$4,195
- Geologic Issues
0
$175
16
$90
16
S80
24
$50
4
$50
60
54,120
- water
0
$175
16
590
8
S80
24
$50
4
$50
52
$3,480
- Air Quality••
0
$175
16
$90
8
580
8
$50
8
$50
40
$2,880
- Transportation/Circulation"
1
5175
40
$90
16
$80
16
S50
16
$50
89
$6,655
- Hazards"
1
$175
16
$90
16
$80
24
$50
8
- $50
65
54,495
- Noise"
I
5175
32
$90
8
S80
16
$50
8
S50
65
$4,895
- Public Services
1
$175
16
$90
16
$80
60
$50
4
$50
97
$6,095
- Utilities and Service Systems
1
$175
16
$90
16
$80
60
$50
4
$50
97
$6,095
- Aesthetics
1
$175
24
S90
40
$80
40
S50
16
S50
121
$8,335
- Recreation
1
$175
4
$90
4
S90
8
S50
4
$50
21
$1,455
• Alternatives
4
$175
32
$90
24
S80
40
S50
16
$50
116
$8,300
• General Impacts
1
$175
8
$90
8
$80
16
$50
2
$50
35
$2,435
Subtotal Subtask 2.1
19
344
244
488
136
1231
$85,005
Subtask 2.2- Preparation of Draft Program EIR
4
$175
60
$90
60
$80
40
$50
40
S50
204
514,900
Subtask 2.3- Preparation of Mitigation Monitoring Program
0
$175
8
S90
16
$80
16
550
8
S50
48
$3,200
Subtotal Task
23
412
320
544
184
1483
$103,1054
Task 3- Attendance at Meetings for Draft Program EIR (12)
24
$175
48
$90
24
580
24
550
0
$50
120
SI I,640
Technical Studies for Draft Program EIR (Refer to detail below)
Air Quality Assessment (PCR)
56,000
Traffic Study (WPA Traffic Engineering, Inc.) -
$7,500
Noise Assessment (PCR)
56,060
Hazards/Risk of Upset (PCR)
$6,280
Subtotal Technical Studies
525,840
Expenses (Including postage for certified mail)
54,000
Prkrtln AHowance•••
55 698
TOTAL COST ESTIMATE
$165,443
Footnotes:
• It is assumed that the analysis of Biological Resources and Cultural Resources will be focused out of the scope of the Draft EIR during the preparation of the Initial Study.
•• These hour and cost estimates are only for the preparation of the sections of the Screencheck Draft Program EIR. The hours and costs associated with the technical studies are presented below in the Cost
Estimate for Technical Studies section of this table.
••• Allowance is for printing of deliverables as described in the Scope of Servicm and presented below in the Cost Estimate for Printing section of this table.
Detailed Budget (Continued)
Rockwell Semiconductor Systems Draft Program EIR
Detailed Cost Estimate for Technical Studies
Hours Rate
Total Cost
Air Quality Assessment
• Review Existing Data
8 $75
$600
• Define Existing Conditions
8 $75
$600
• Define Emissions
8 $75
$600
• Predict Carbon Monoxide at Key intersections
16 $75
$1,200
• Determine Impacts and Mitigation
8 $75
$600
• Address Alternatives
8 $75
$600
• Prepare Technical Study
8 $75
$600
8 $125
$1,000
• Models
$200
Subtotal Air Quality Assessment
72
$6,000
Traffic Study
• Review and Update Existing Documents
• Define Impacts and Mitigation
• Address Alternatives
• Prepare Technical Traffic Study
• Attend Meetings
Subtotal Traffic Study
$7,500
Noise Assessment
• Review Existing Data
8 $80
5640
• Monitor Existing Conditions
14 $80
$1,120
• Define Existing Conditions
8 $80
$640
• Predict Future Noise Levels
12 $80
$960
• Determine Impacts and Mitigation
6 $80
$480
• Address Altematims
8 $80
$640
• Prepare Technical Study
16 $80
$1,280
• Noise Instrument Fee
$300
Subtotal Noise Assessment
72
$6,060
I laxarda/Riak or llpaet Amsemamrnt
• Review Existing Dtwt
8 $75
$600
• Conduct Situ Visit and Research
16 $75
$1,200
• Define Existing Conditions
8 S75
$600
• Determine Impacts and Mitigation
24 $75
$1,800
• Address Alternatives
16 $75
$1,200
• Prepare Technical Study
8 $110
$880
Subtotal Human Health/Risk of Upset Assessment
80
$6,280
Total Cost of Technical Studies
$25,840
0
0
0 • 0 ..
Detailed Budget (Continued)
Rockwell Semiconductor Systems Draft Program EIR
Detailed Cost Estimate for Printing
Est Pages
No. of Copies
Total Cost
Document
Draft Initial Study
50
10
S56
Initial Study
50
80
5325
Screencheck Draft Program EIR
300
10
$444
Scmancheck Draft Program EIR Technical Appendix
300
10
$280
Ruvised Scruencheck Draft Program EIR
300
2
$98
Draft Program EIR
300
80
$2,840
Draft Program EIR TochnicalAppendix
300
60
$1,138
10 Percent Administrative Cast
$518
Total Cost of Printing
S5,699
A.r
_J
E
W � Q
A WPA raffic Engineering Inc.
®1_I-
July 22, 1998
Ms. Lauren Jue
Planning Consultants Research
One Venture, Suite 150
Irvine, CA 92618
SUBJECT. Rockipell, Newport Bench
TRAFFIC & TRANSPORTATION
PLANNINGEDEPARTMENT
CITY OF NEWPORT BEACH
AM JUL 2 7 1998 PM
71819110111118111213141516
Dear Ms. Jue: 0
We are pleased to submit this proposal to provide professional traffic engineering services for the
subject project. This proposal is based upon information provided by you, our previous work and
our understanding of the needs of the study.
In general, the work would consist of completing a traffic impact analysis as required by the City of
Newport Beach for an E.I.R. project. Preliminary studies of the project would serve as a basis and
be updated to include current data. The study would consider three (3) project alternatives as well
as possible phasing of the. development. Parking would be also be reviewed. Any potential problem
areas would also be identified and mitigation measures recommended. A report would be prepared
summarizing our findings and recommendations.
23421 South Pointe Drive • Suite 190 • Laguna Hills, CA 92653 • (714) 460 -0110 • FAX: (714) 460.0113
0
h�
•
0
We would envision the following specific tasks to be required for this study.
TASK I - DATA COLLECTION
We would assemble all available information pertinent to the study. This would
include development plans and data, previous studies, project alternatives, Committed
Project traffic, existing traffic and similar data. We would review the project with you
to ensure our understanding. Contact would be made with City Staff to obtain data
and specific concerns. It is not anticipated that field data collection would be
required.
TASK 2 - TRIP GENERATION AND ASSIGNMENT
Estimates would be made of daily and peak hour trips to be generated by the project
and alternatives. These estimates would be based upon land use and trip generation
factors previously developed for this use. A geographic trip distribution pattern has
been developed and approved by the City. This distribution would be utilized to
0 assign trips to the street system.
TASK 3 - ANALYSIS
A traffic impact analyses would be completed as required by the City's Traffic Phasing
Ordinance. These analyses would include two (2) development phases as well as
project buildout. The City's Traffic Model would also be utilized to examine General
Plan Level conditions. Any potential problem areas would be identified and
mitigation measures recommended as may be required.
TASK 4 - REPORT AND MEETINGS
A report would be prepared summarizing our findings and recommendations. The
report would contain the required supportive data and be suitable for submittal to the
City. We would meet with you, City Staff and others as may be required during the
course of the study. Attendance at public hearings is not included as a part of this
is proposal.
WPA Traffic Engineering, Inc. PROPOSAL - Rodkw fl, Newport Beach
-2—
�q
08/19/98 13:55 FAX 714 460 0113 WPA TRAFFIC ENG. JM 02 ,
• • -3-
We would be prepared to begin work on this study upon receipt of authorization. It is anticipated
that approximately four (4) weeks would be required to complete the study.
Our fee for the work outlined in this proposal shall be based upon personnel charges plus direct
expenses as indicated in our Standard Rate Schedule, a copy of which is attached and made a part
hereto. In no case would the total fee exceed $7,500.00, without prior approval from you or your
representative. Since it is not possible at this time to estimate the time required for additional public
meetings and/or presentations concerning this project, not mentioned in this proposal, our staffwould
be available with the fees based upon our Rate Schedule, in addition to the previously stated
maximum. The additional work shall be conducted when requested by you or your representative.
Invoices shall be submitted monthly for work in progress or upon completion of the work, at our
option, and payable within 30 days after submission. After 60 days, unpaid invoices shall have a 1. S
percent, per month, service charge added. We shall have the option of halting work on your project
when invoices are unpaid and overdue, unless mutual agreement is achieved. In the event that it is
necessary for either party to incur legal expenses in connection with the performance of this contract,
the prevailing party agrees to pay all court costs and attorney fees.
This proposal may be considered as effective for six months from the date of this letter. If the project
is not completed within six months after the scheduled completion date (due to no fault of WPA
Traffic Engineering, Inc.), additional reimbursement may be required due to increased costs. If
required, such additional reimbursement would be the subject of negotiation and mutual agreement
between both parties.
C�
WPA Traffic Engineering, Inc. PROPOSAL - Awsa Quarry EIR
V A WPA Tiffic Engineering qhc.
TRAFFIC & TRANSPORTATION ENGINEERING
STANDARD RATE SCHEDULE
0
Effective August 1, 1997
l' ' � � : si t : • r
• Firm Principal $125.00
• Senior Engineer $100.00
• Associate Engineer $ 75.00
• Assistant Engineer $ 70.00
SUPPORT
STAFF
Engineering Draftsperson
$
70.00
•
•
Draftsperson
$
50.00
•
Secretary '
$
35.00
•
Clerical / Field Enumerator
$
40.00
GENERAL
1) Hourly rates apply to travel, in addition to work time.
2) Invoices shall be submitted monthly for work in progress or upon completion of the work,
at our option, and payable within 30 days after submission. After 60 days, unpaid invoices
shall have a 1.5 percent, per month, service charge added. We shall have the option of halting
work on your project when invoices are unpaid and overdue, unless mutual agreement is
achieved. In the event that it is necessary for either party to incur legal expenses in
connection with the performance of this contract, the prevailing parry agrees to pay all court
costs and attorney fees.
3) Compensation for services performed w 1 be contingent upon the necessity of the client
to receive payment from other parties. Any controversy or claim arising out of or relating to
this contract, or the breach thereof, shall be settled by arbitration in accordance with the rules
of the American Arbitration Association and judgement upon the award rendered by the
arbitration may be entered in any court having jurisdiction thereof.
4) These rates are based upon procedures and methods outlined in the American Society of Civil
Engineer's, Manual on En 'ngt Bering Practice, Number 45.
23421 South Pointe Drive • Suite 190 • Laguna Hills, CA 92653 • (714) 460.0110 • FAX: (714) 460.0113
31
Ll
0
ROCKWELL SEMICONDUCTOR SYSTEMS PROGRAM EIR
ATTACHMENT C:
PROJECT SCHEDULE
P c
is
0
0
LI
0
ATTACHMENT C
PROJECT SCHEDULE
PCR has estimated that the completion of the Draft Program EIR (Tasks 1, 2, and 3) can
be accomplished within an approximately 8 -month time frame as shown on the proposed project
schedule provided on the following page. Prior to finalization of the project schedule, PCR will
work with City staff to define more specific time frames and completion dates for deliverables.
The PCR Project Team will commit all necessary resources to ensure the preparation of
the Program EIR and related technical documents within the desired time frame upon finalization
of the project schedule occurs. Through close coordination between the PCR Project Manager and
the City staff, any potential changes to the finalized project schedule will be agreed upon and
communicated in a manner acceptable to both parties.
City of Newport Reach
Planning Consultants Research
Rockwell semiconductor Systems Program Ent
Page 23 July 16. 1998
5�
Proposed Project Schedule
Rockwell Semiconductor Systems Program EIR
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Rockwell Semiconductor Systems
Rockwall Intemadwul Corporation
4311 Jamboree Road
Po Box C
Newport Beach, CA 92658 -8902
0 02, Rockwell semiconductor systems
July 29, 1998
P =: :WED BY
PLAN NN DEPARTMENT
CITY C= `. =-'NPCRT BEACH
City of Newport Beach
Ms. Patricia Temple AM A"i 3 0 3 1998 PM
Director, Planning Department
3300 Newport Blvd., 718191:012. 12111213141818
Newport Beach, CA 92658 -8915 !�
Dear Patricia,
Rockwell has reviewed the proposal by Planning Consultants Research (PCR) to provide
environmental services to the City of Newport Beach for the preparation and processing
of the Rockwell program Environmental Impact Report (ERR). Rock%,% ell approves of the
City contracting with PCR for the stated services.
SRockwell would like to reserve the right to review the need for certain aspects of the EIR.
Specifically, the need for review of water, hazards /risk of upset, and recreation. These
details can be finalized once PCR has started on the project.
As you know, Rockwell is very anxious to get this project started. You have Rockwell's
approval to contract with PCR for preparation of the EIR.
Sincerely,
�O
Rich Bluth
Director
Facilities
1
35
E
U
PROFESSIONAL SERVICES AGREEMENT COUINCjL AG MA
NO I Z, R8 -
THIS AGREEMENT, entered into this 24th day of August, 1998, by and between
CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as
"City "), and Planning Consultants Research, whose address is One Venture, Suite 150
Irvine, California, 92618, (hereinafter referred to as "Consultant "), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City intends to prepare and process an Environmental Impact Report for
Rockwell Semiconductor Systems (`Project').
C. City desires to engage Consultant to provide environmental services for
the Project upon the terms and conditions contained in this Agreement.
D. The principal members of Consultant, are for purpose of this Project are
Gregory J. Broughton, President and Lauren Jue, Project Manager.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the 24th day of August, 1998 and
shall terrninate when City Council takes final action on the Environmental Impact
Report, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
contained in attachment "A" attached hereto and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, contained in attachment "B" and
incorporated herein by reference. No rate changes shall be made during the term of
Page 3
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this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of One Hundred Sixty -five Thousand Four Hundred Forty -three Dollars
($165,443.00).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within
thirty (30) days of receipt of invoice subject to the approval of City and based upon
attachment "B ".
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with such approval.
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and/or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City will withhold payment of five
percent (5 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
Page 4 02
0 0
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or faulty
performance by City, contractors, or governmental agencies, or any other delays
beyond Consultant's control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is in
compliance with the terms of this Agreement. Anything in this Agreement which may
appear to give City the right to direct Consultant as to the details of the performance of
the services or to exercise a measure of control over Consultant shall mean that
Consultant shall follow the desires of City only with respect to the results of the
• services.
6. COOPERATION
•
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Lauren Jue to be its Project
Manager. Consultant shall not remove or reassign the principal members identified in
the Recitals or assign any new or replacement person to the Project without the prior
written consent of City. City's approval shall not be unreasonably withheld with respect
to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
Page 5 _ j
0 i
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in attachment "C ". The failure by Consultant to strictly adhere to the schedule,
may result in termination of this Agreement by City, and the assessment of damages
against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be
responsible for delays which are due to causes beyond Consultant's reasonable
control. However, in the case of any such delay in the services to be provided for the
Project, each party hereby agrees to provide notice to the other party so that all delays
can be addressed.
8.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition which purportedly causes a delay, and not later than the
date upon which performance is due. The Project Administrator shall review all such
requests and may grant reasonable time extensions for unforeseeable delays, which
are beyond Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
• 9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been
scheduled or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all negligent acts or
Page 6
L1
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omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement. This indemnity
shall apply even in the event of negligence of City, or its employees, or other
contractors, excepting only the sole negligence or willful misconduct of City, its officers
or employees, and shall include attorneys' fees and all other costs incurred in defending
any such claim.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
$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.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount
of One Million Dollars ($1.000,000.001.
Said policy or policies shall be endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City prompt and timely notice of claim made or suit instituted
arising out of Consultant's operation hereunder. Consultant shall also procure and
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maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that, in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on
behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Consultant, or of the interest of any general partner or joint venturer or
syndicate member or cotenant if Consultant is a partnership or joint- venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %)
or more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed documents for other projects and
any use of incomplete documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
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17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide access to, and upon request of Consultant, one copy
of all existing record information on file at City. Consultant shall be entitled to rely upon
the accuracy of data information provided by City or others without independent review
or evaluation. City will provide all such materials in a timely manner so as not to cause
delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple. Planning Director shall be considered the Project Administrator and shall have
the authority act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the services to
be rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not
discontinue work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of
seven percent (7 %) per annum from the date of withholding of any amounts found to
have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional design, construction and /or a restoration expense shall be borne by
Consultant. Nothing in this paragraph is intended to limit City's rights under any other
sections of this Agreement.
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22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
• City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
• prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(714) 644 -3300 Fax 644 -3250
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Planning Consultants Research
. Attention: Lauren Jue
One Venture, Suite 150
Irvine, California 92618
(949) 753 -7001 Fax 753 -7002
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26. TERMINATION
•
• In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a
period of two (2) days, or if more than two (2) days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within two (2) days after receipt of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, the nondefaulting party may
terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
• 28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same
or a different character.
•
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
32. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
City of Newport Beach
ATTEST:
go
LaVonne Harkless
City Clerk
F:\users\pin\shared\pending\rockwelftcc-appr.doc
08 -2498
CITY OF NEWPORT BEACH
A Municipal Corporation
A
Thomas Edwards
Mayor
City of Newport Beach
CONSULTANT
By:
Gregory J. Broughton, President
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