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CONTRACT 5896 Professional Services Agreement CLOSEDAgreement No. 5896 AGREEMENTFOR PROFESSIONAL SERVICES BETWEEN THE CITY OF EL SEGUNDO AND MOORE IACOFANO GOLTSMAN, INC. This AGREEMENT is entered into this 8th day of April, 2020, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("CITY") and AND MOORE IACOFANO GOLTSMAN, INC. (DBA MIG, INC.), A CALIFORNIA CORPORATION ("CONSULTANT"). CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $18,500.00 for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit A, which is attached. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit A, which is attached. B. CONSULTANT will, using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to CONSULTANT, performing under circumstances similar to those required by this Agreement, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY as specified in Exhibit A, Scope of Services, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs, the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month, Agreement No. 5896 and cumulative invoiced actual expenditures to date. If the CITY agrees with all of the information listed in the invoice, CITY will then pay CONSULTANT within net 45 days from receipt of the invoice from the Developer / Applicant account created for the project. In the event that the Developer / Applicant account does not have sufficient funds for payment of CONSULTANT's services, CITY will notify CONSULTANT immediately upon knowledge of the lack of funds in writing to suspend any work under this Agreement until the account is replenished by the Developer / Applicant. The CITY is not responsible to pay for any of CONSULTANT's services performed after the date of such written notice, unless and until the Developer / Applicant account is replenished with sufficient funds. This Agreement will cover only those costs incurred for this project and for which Developer / Applicant funds are available. 4. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances. 5. FAMILIARITY WITH WORK. A, By executing this Agreement, CONSULTANT represents that CONSULTANT has Thoroughly investigated and considered the scope of services to be performed; Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. C. Although CITY has a duty to the public to independently review any environmental document, including, without limitation a negative declaration or draft EIR, prepared by CONSULTANT, that duty to the public, or the breach thereof, will not relieve CONSULTANT of its duties under this Section or any representation provided by CONSULTANT in this Agreement. Page 2 Agreement No. 5896 6. KEY PERSONNEL. A. CONSULTANT's key personnel assigned to perform work under this Agreement and their level of responsibility are as follows but is not limited to: Bob Prasse, Project Manager & Director of Environmental Services Pamela D. Steele, Principal -in -Charge Kent Norton, Senior Project Manager Cameron Hile, Assitant Project Manager and Senior Analyst Sandipan Bhattacharjee, Principal, Translutions B. The resume of each of the individuals identified in this Section are attached to this Agreement, collectively, as Exhibit B, and incorporated by reference. C. In the event CITY objects to the continued involvement with this Agreement by any of the persons listed in this Section, or any other person selected by CONSULTANT to perform services under this AGREEMENT, CONSULTANT agrees that it will replace such persons with individuals that are agreed to by CITY. 7. PROJECT COORDINATION AND SUPERVISION. Brenna Wengert, will be assigned as CITY's Project Manager and will personally supervise or perform the technical execution of the Project on a day-to-day basis on behalf of CITY and will maintain direct communication with CONSULTANT's Project Manager. Eduardo Schonborn will be assigned as CITY's Backup Project Manager and will be responsible for project oversight as needed. Gregg McClain will be responsible for general oversight, negotiations, and contractual matters. 8. TERM. The term of this Agreement will be from March 25, 2020, to December 31, 2024. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit & B. Termination as stated in Section 1. 9. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT furnishes proof of insurance as required by this Agreement; and Page 3 Agreement No. 5896 B. CITY gives CONSULTANT a written Notice to Proceed. C. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify CITY within 48 hours, in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. CITY may, but is not required to, extend the completion time, when appropriate, for the completion of the contracted services. 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and Page 4 Agreement No. 5896 CONSULTANT will receive just and equitable compensation for any work rendered in accordance with the terms and conditions of this agreement up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic artwork, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or city without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. A. CONSULTANT agrees to the following: Indemnification for Professional Services. CONSULTANT will save harmless and indemnify, including, without limitation, CITY's defense costs (including reasonable attorney's fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out Page 5 Agreement No. 5896 of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. iii. Exclusion for CEQA Actions. Notwithstanding the foregoing, CONSULTANT need not indemnify, defend, or hold CITY harmless in CEQA actions initiated pursuant to Public Resources Code §§ 21167 and 21168 where CONSULTANT's work may form the basis of a lawsuit. However, should CONSULTANT's work, as contemplated by this Agreement, contain errors or omissions that results in an adverse ruling against CITY, CONSULTANT agrees to indemnify and hold CITY harmless to the extent provided for in Section 18(A)(i). B. For purposes of this section "CITY" includes CITY's officers, officials and employees, C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to Page 6 Agreement No. 5896 its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of 3 years following final payment under this Agreement. B. Upon inspection, CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements of this Section. CONSULTANT will be given a reasonable amount of time to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures will result in immediate termination of this Agreement. C. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tvr)e of Insurance Limits (combined single) Commercial general liability: $2,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Commercial General Liability policy will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto) or an acceptable equivalent. D. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When Page 7 Agreement No. 5896 coverage is provided on a "claims made basis," CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated ("extended insurance"). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by City arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AMI." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may terminate. 23. USE OF CONSULTANT. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will submit to the CITY progress reports each month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY: EI Segundo Planning & Building Safety Dept. 350 Main Street El Segundo, CA 90245-3813 Attention: Gregg McClain, Planning Manager Phone: 310-524-2393 gmcclain@elsegundo.org CONSULTANT: MIG 1500 Iowa Avenue, Suite 110 Riverside, CA 92507 Attention: Pamela Steele, Principal Phone: 951-787-9222 pams@migcom.com Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. Page 8 Agreement No. 5896 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County or in the Federal District Court in the District of California in which Los Angeles County is located. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Exhibits, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are three (3) Exhibits to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: Exhibit A: Scope of Work and Budget; Exhibit B: Resumes. 33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. Page 9 Agreement No. 5896 35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment signed by both parties. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 38. FORCE MAJEURE. In no event shall either CONSULTANT or the CITY have any claim or right against the other for any failure of performance where such failure of performance is caused by or is the result of causes beyond the reasonable control of the other party due to any occurrence commonly known as a "force majeure," including, but not limited to: acts of God; fire, flood, or other natural catastrophe; acts of any governmental body, labor dispute or shortage; national emergency; insurrection; riot; or war. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to CONSULTANT, performing under circumstances similar to those required by this Agreement. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. Page 10 Agreement No. 5896 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and': year first hereinabove written, CITY OF EL SEGUNDO MOORE IACOFANO GOLTSMAN, INC. (DBA MIG, INC.) a general law city a California Corporation Scott Mitiinick, City Manager ATTER Tracy Weaver, City Clerk APPROVED AS TO FORM, Mark D. Hensley, City Attorney Page 11 Pamela D. Steele Pri.n.dijbal Taxp a*yer I.D. No. 94-31.16998 Agreement No. 5896 Exhibit: A Scope of Work & Budget Agreement No. 5896 DiViron7lrnerA.4lerOces foa a 2255 000 F:- Office Coalr ,) e.,< March .4 2020 ii. vine , i 6 wl 1 II p V. I I i II I ii I Y h Vu. Y IV BVI ul I� AI! I � II I I � M I IIP n l I II ll I I VI I iilM I 6 M I d dn9 I I I„Y @ � Iii �, Vi � iuI lh i IiR o lMliliil.. ,, , ILII i AIA V . i I IV I � .I I II I I P I m �i4dl I �II I i 11 N I I d� I II I u AN, � I iNll � �� h��, III I I IYI I iP• � I I Y LY I � I. I ll!II���WIY'1���ih������mi��„i1���,„I%�uu��)JII,���„Rd PROJECT UNDERSTANDING The City has received a development proposal to redevelop property generally located at the northeast and southwest corners of the intersection of Kansas Street and Grand Avenue. The combined area of the project site, which is located in the Smoky Hollow Specific Plan, is approximately 5.2 acres. The existing buildings on the site total 145,057 square feet and the proposed development will comprise 255,000 square feet, a net increase of nearly 110,000 square feet. The proposed development will also include a five -story parking structure. The project will require site plan approval. In addition, a Community Benefits Plan is required to provide additional amenities for the project since it exceeds the 1:1 floor -to -area ratio (FAR) allowed by the site's zone designation. The City is seeking environmental services to provide support with the CEQA review and processing for this project. Our understanding is that the City would like to tier the project off of the Smoky Hollow Program EIR and, ideally, find it within the scope of the EIR. There are provisions in the CEQA Guidelines that allow Lead Agencies to find projects within the scope of a previously prepared Program EIR, and thereby eliminate the need for new CEQA documentation (i.e. an addendum to the EIR or a Mitigated Negative Declaration). Provisions related to Program EIR's are found in Section 15168 of the CEQA guidelines with subsection (c ) pertaining to the use of a Program EIR for later activities, and key language, shown below, pertaining to this project is contained in Subsections 15168(c )(2) and 15168(c )(4). 15168(c )(2) - If the agency finds that pursuant to Section 15162, no subsequent EIR will be required, the agency can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document will be required. Whether a later activity is within the scope of a Program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. 15168(c)(4) - Where the later activities involve site-specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were within the scope of the Program EIR. Based on our preliminary understanding of the proposed project, it is likely that it will fit within the scope of the original Program EIR consistent with Subsection 15168(c )(2) listed above. In order to document the evaluation of whether it is within scope, we are proposing to prepare a checklist as recommended in Subsection 15168(c )(4). Although the checklist will address the Appendix "G” CEQA Guidelines questions, it is expected to be much less detailed and simpler than a typical initial study. Specific tasks for our scope of work are provided below. Agreement No. 5896 Erwik,onmentdl Services foir a ?55 000 SF Off iia.:, Corinlr:7lex March 4 2020 CiitV of BI S� g^ ,irodo Irevised.) TASK 1 PROJECT INITIATION/KICK-OFF MEETING A project initiation/kick-off meeting (or teleconference) will be held with City staff and the applicant to review the scope of work with respect to verification of the project description, project tasks, objectives, and review of the checklist format. This meeting will also be an opportunity to discuss key project issues and concerns and establish communication protocols. During or prior to this meeting, it is anticipated that all project documents will be provided to MIG. TASK 2 PREPARE PROJECT EVALUATION CHECKLIST The potential environmental impacts identified in the Smoky Hollow Program EIR will be compared to the proposed project to determine whether the project fits within the scope of the Program EIR, or if new or more severe impacts may occur that were not evaluated in the Program EIR. In order to document this evaluation, a checklist will be used similar to the "Appendix G' CEQA Guidelines. However, the level of detail will be much less than typically provided for a CEQA Initial Study. For each of the checklist issues MIG will briefly focus on 1) identifying the findings and conclusions of the Program EIR with respect to environmental significance and 2) briefly explain why the proposed project is within the scope of such findings and conclusions. For each of the issue areas identified in the checklist, conclusions will be made regarding whether the impacts of the project are within the scope of the Program EIR. We anticipate that for many issue areas, potential changes in impacts (or lack thereof), will be self-evident and will require only a simplified comparative analysis. In many cases, a few sentences may suffice to provide the evaluation needed. A draft of the checklist will be prepared. Under this task we have assumed and budgeted for one round of comments and review with the City. Upon receipt of the comments MIG will prepare a final proof -check version. Following City sign -off on the proof -check draft, it will be ready for use during the public hearing process for the project. TASK 3: STAFF DEPORT SUPPORT' Under this task, MIG will draft the environmental/CEQA compliance portion for inclusion in the Planning Commission staff report and assist staff with the environmental findings for the project. We have budgeted a total of six MIG staff hours for this task. TASK 4: MEETINGS AND HEARINGS Under this task, MIG will participate in one meeting with City staff and/or the applicant and attend and prepare for one planning commission public hearing. The meetings will be attended by lead MIG environmental staff. The budget for this task does not include the project initiation/kick-off meeting which is covered under Task 1. TASK 5: PROJECT MANAGEMENT MIG recognizes that frequent, immediate, and clear communication with the project team is essential to keep the environmental review phase of the project on track. MIG has an allocated budget for communication and coordination with the City and other project team members to ensure we can communicate clearly and effectively. The budget for this task will also cover contractual matters, case administration, and our quality control review process. Agreement No. 5896 Ser- riices for a 255,000 SIF Office Comlolle Mai,& .4. 2020 City oil IE.:..] Seg urdo (ire +ised) FA S K P E EFR Eu::Vllu:::W CF T FR A F::: 1::::: U C A IN A U._YSC S A traffic analysis has been prepared for the project by Kimley-Horn. Translutions' staff will review the analysis to determine whether it conforms to applicable local requirements for transportation analyses and any applicable provisions of the California Environmental Quality Act (CEQA) and if the findings are appropriate. Translutions will present the peer review in a technical memorandum to the City. The technical memorandum will discuss the objectives of our review, relevant CEQA and local planning consistency issues, and our recommendations for additional analysis, if required. The memorandum will include comments regarding any changes that might be necessary to the transportation analysis for incorporation into the environmental documents. Translutions' staff will coordinate with the City to ensure that any required additional analysis is incorporated. This task is based on round of review and revisions of the traffic analysis. 4 Agreement No. 5896 Exhibit: B Resumes Pamela D. Steele QUALIFICATIONS Pam Steele has been with MIG (and Hogle-Ireland, prior to its acquisition by MIG) for 25+ years She as extensive planning and management experience in planning, community development, and project management. Her professional focus has been on promoting projects that help cities to achieve their economic development and community enhancement objectives while providing for property owners and developers to create value in the communities they serve, Ms. Steele has managed or processed a wide variety of projects in over 50 jurisdictions throughout California and Nevada. She has managed a variety of planning and developement projects, from due diligence through entitlement to project occupancy. She has worked with developers, agencies, and jurisdictions to bring complex, multilayered projects through the necessary approvals, helping to develop projects that are beneficial to both private and public sectors. She has prepared and managed specific plans and amendments, community and master plans, and complex environmental review and clearances for large-scale industrial and commercial developments, residential and senior residential projects, and medical and hospital facilities Ms. Steele manages MIG's Riverside office and directs projects for a variety of private sector clients. This perspective provides insight into the needs of the development community, balanced with cities' desires to accomodate projects that will endure. PROFESSIONAL AFFLIATIONS American Planning Association (APA) Urban Land Insititute National Association of Industrial and Office Professional (NAIOP) Agreement M EDUCATION • University of California, Riverside • Brigham Young University RELEVANT EXPERIENCE • City of Twentynine Palms Planning Director • City of Cypress Assistant Planning Director • City of Canyon Lake Planning Director • City of Murrieta Planning Staff • City of Diamond Bar Consultant Staff • City of Yucaipa Planning Staff Some of the private sector projects she has managed are: • Kaiser Commerce Center, a 540+ acre specific plan amend- ments and EIR for the clean-up and redevelopment of the former Kaiser Steel Plant in the Fontana area of San Bernardino County • Crossroads Business Park Specific Plan amendments and build -out of a 280+ acre industrial business park in the City of Ontario • Kaiser Permanente medical facilities and master plans in the cities of Fontana, Rancho Cucamonga, Colton, San Marcos, San Bernardino, and Victorville • Senior assisted living projects, both new and expansions of existing facilities • Expansion of an existing steel plant to improve air quality and safety measures Multiple General Plan and Specific Plan Amendments • Airport Land Use clearances • Entitlement, including an EIR and Design Guidelines for Cypress knolls, a 772 -unit, 190 -acre senior housing development in the former Fort Ord base closure area Numerous industrial/business park developments and large- scale residential Bob Prasse QUALIFICATIONS Bob Prasse has over 30 years of urban planning and environ- mental analysis experience. He has extensive experience providing planning and project management services for EIRs, general plans, specific plans, zoning ordinances, devel- opment review, entitlement services, and contract planning services. Mr. Prasse has extensive experience with all types of CEQA and NEPA documents. He managed the Inland Empire Branch Office for another consulting firm (Michael Brandman Associates/FCS) and had management responsibilities for all aspects of the preparation and processing for a wide range of environmental projects. These efforts included projects for: large-scale mixed-use communities; warehouse/logistics complexes; retail commercial centers; general plan; schools, and infrastructure and public facilities. His experience also includes third -party peer review of EIRs and MNDs prepared by other consultants. Mr. Prasse has provided a variety of contract planning services to public agencies throughout Southern California. These efforts have included the management of the prepa- ration of specific plans and general plan policies, review and preparation of EIRs and other environmental documents, preparation of zoning ordinances and design guidelines, and land use application review and processing. Mr. Prasse has strong experience working on behalf of real estate developers, both as a consultant and working directly for a California-based developer, Lewis Community Developers. His experience has included; securing entitle- ments; tentative map and final map processing; review of environmental documents; due diligence/feasibility analysis; working and negotiating with public agencies on project infrastructure requirements and other conditions of approval, and working with public agencies on development impact fees. Agreement No. 5daQ. /'�/ EDUCATION • Master of Science, Urban and Regional Planning University of Southern California • Bachelor of Arts, Public Affairs (Urban Planning), University of Southern California RELEVANT EXPERIENCE Mr. Prasse's experience includes the management and/or prepa- ration of numerous planning and environmental documents including: The Preserve Specific Plan and EIR — City of Chino, CA The Renaissance Specific Plan EIR (Rialto Airport re -use) — City of Rialto, CA Rialto Commerce Center EIR — City of Rialto, CA Rancho Los Lagos Specific Plan — Imperial County, CA Redlands Crossing (Walmart) EIR - City of Redlands, CA Sares Regis Group, Chino South Industrial Park EIR and Sub- sequent EIR- City of Chino, CA Sierra Industrial Warehouse EIR, Fontana, CA National Orange Show Industrial Park EIR, City of San Ber- nardino, CA Metropolis High Density Residential Project EIR, City of Irvine, CA Citrus Grove Affordable Apartments Project IS/MND, City of Orange, CA Kent Norton Senior Project Manager QUALIFICATIONS Kent Norton has 42 years of experience in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance for public and private sector clients encompassing transportation, aviation, public works, schools, residential, recreational and mixed-use land developments. He has authored and managed a wide variety of environmental compliance documents for projects ranging from an Initial Study/Mitigated Negative Declaration (IS/MND) for relocation of aviation uses at a regional airport, road widening and improvements, to a subdivision of 13,000 acres in the San Bernardino desert and the World Logistics Center Specific Plan EIR that addressed 41 -plus million square feet of warehousing on 2,600 acres in the City of Moreno Valley. He is a past state president of the Association of Environmental Professionals (AEP) in California and a member of the American Institute of Certified Planners (AICP). In addition, he is a Registered Environmental Property Assessor (REPA) and has prepared dozens of Phase I Environmental Site Assessments. Agreement No. 5 b M EDUCATION Master of Science, Environmental Studies, California State University Fullerton Bachelor of Arts, Biology, California State University Fullerton RELEVANT EXPERIENCE • Queen of the Valley Hospital Specific Plan EIR — City of West Covina, CA • Community Soccer Park IS/MND — City of Colton, CA • General Plan EIR - City of Jurupa Valley, CA • World Logistics Center Specific Plan EIR - City of Moreno Valley, CA • Los Alamos Hills Master Plan and EIR for Park and School Facilities - City of Murrieta, CA • Marketplace at Main Street Project EIR - City of Corona, CA • West Fontana Logistics Center EIR - City of Fontana, CA • North Business Park Specific Plan EIR — City of Westlake Village, CA • Paradise Knolls Specific Plan EIR - City of Jurupa Valley, CA • Limonite Avenue Widening, Bain to Homestead IS/MND - City of Jurupa Valley, CA • Space Center Industrial Project EIR - City of Jurupa Valley, CA • Tentative Tract 33978 EIR319 Addendum No. 4 - County of Riverside, CA • Gateway South Building 5 MND Addendum - City of San Bernardino, CA • Gold Line Pedestrian Linkage CatEx - City of Arcadia, CA • Phase I Environmental Site Assessment, City of Hemet Site - Riverside County Flood Control and Water Conservation District, CA • General Plan and EIR - City of Diamond Bar, CA • General Plan EIR - City of Hemet, CA • Coldwater Canyon Reservoir EIR - City of Beverly Hills, CA Cameron Hile AREAS OF EXPERIENCE Environmental Analysis/ GIS/ Climate Change Analysis QUALIFICATIONS Mr. Hile is a Senior Analyst in MIG's Environmental Planning section. Cameron Hile has prepared a variety of environmental documents including Initial Studies, Negative Declarations, Mitigated Negative Declarations, Air Quality/Climate Change Assessments, Health Risk Assessments, Noise Studies, Environmental Impact Reports (including Supplemental and Addenda), and NEPA Environmental Assessments/Findings Of No Significant Impact. Mr. Hile has additional experience preparing NEPA sound wall surveys and noise remediation plans for HUD -assisted projects, permit preparation for projects impacting United States Army Corps of Engineers/California Department of Fish and Wildlife jurisdictional waters, Geographic Information Systems, CEQA noticing, coordinating and facilitating community outreach, and performing third party review of CEQA documents. Mr. Hile's technical service abilities include CalEEMod air quality and greenhouse gas emissions modeling, FHWA roadway construction and traffic noise modeling, AERMOD dispersion modeling, and SouncIPLAN noise modeling for CEQA analysis. Mr. Hile's technical services abilities also include HUD's Day/Night Noise Level (DNL) Calculator Electronic Assessment Tool, Sound Transmission Classification Assessment Tool (STraCAT), and Barrier Performance Module for NEPA analysis. Prior to MIG, Mr. Hile worked as an environmental planning intern for a civil engineering firm that focused on highway improvement projects. While at this firm, Mr. Hile assisted project managers and associates with CEQA related tasks (GIS map making, permit writing, document preparation, etc.) and performed construction management duties (Construction Quality Assurance for Design and Construction, Independent Cost Estimates for PS&E and PA&ED, Budget Reconciliation, Construction Monitoring, etc.). PROFESSIONAL AFFLIATIONS . American Planning Association . Association of Environmental Professionals . Cal Poly Pomona Graduate Planning Student Association Agreement No. 5 EDUCATION Master of Arts, Political Science, Colorado State University, Fort Collins, CO Master of Science, Urban and Regional Planning, California State Polytechnic University, Pomona, CA Bachelor of Arts in Political Science, San Diego State University, San Diego, CA RELEVANT EXPERIENCE MIG, Inc. Costa Mesa General Plan Update Initial Study and EIR, Costa Mesa, California Arrow Highway Specific Plan Initial Study and EIR, Glendora, California Garden Grove Digital Billboard Municipal Code Amendment IS/ MND, Garden Grove, California Outfront Media Newhope Digital Billboard IS/MND, Garden Grove, California La Palma Freeway Billboard Overlay District IS/MND, La Palma, California La Palma Digital Display IS/MND, La Palma, California Harvest Upland Specific Plan EIR Addendum, Upland, California AL2 420K Industrial Building Technical Studies and IS/MND, Carson, California Dhammakaya International Meditation Center EIR Addendum, Azusa, California Gage Avenue Mausoleum IS/MND, Commerce, California Cal Water Well 7-02 IS/MND, Commerce, California Dominguez Tech Center IS/MND, Carson, California Meta Housing Loma Linda Vets Affordable Housing EA/FONSI, Loma Linda, California Meta Housing Carson Arts Affordable Housing EA/FONSI, Carson, California Parsons Corporation, Parsons Transportation Group, Environmental Planning Intern . SR -91 Corridor Improvement Project, Riverside County, California . SR-71/SR-91 Interchange Improvement Project, Corona, California 1-15/ Cajon Pass Improvement Project, San Bernardino County, California Agreemen p. RINCIPAL LICENSES/CERTIFICATIONS American Institute of Certified Planners (AICP): Membership Number 019936 Professional Engineer (Civil), California, License Number C81872 Professional Engineer (Traffic), California, License Number TR2847 ENV -SP, Certificate Number 23729 EDUCATION University of Southern California (USC), Master of Planning, 2003. Indian Institute of Technology, Kharagpur, India. Bachelor of Architecture (Honors), 2001. EXPERTISE Transportation Fee Programs California Environmental Quality Act National Environmental Policy Act Asset Management Envision & Sustainable Infrastructure Global Climate Change Strategy Transportation Planning & Modeling Traffic Impact Assessment Traffic Simulations Site Access Analyses Transit Oriented Development Access Management and Site Design Parking Studies Roadway Widening and Realignment Studies Campus Design and Non -Motorized Circulation EXPERIENCE Adjunct Faculty, Price School of Policy, Planning & Development, USC, 2008-2016 Associate, LSA Associates, Inc., Riverside, California, October 2003—January 2014. Contract Planner, City of South Pasadena, California, June 2002—October 2003. PROFESSIONAL AFFILIATIONS American Planning Association (APA) Institute of Transportation Engineers (ITE) Building Industry Association (BIA) Mr. Bhattacharjee is a Co -Founder and Principal at Translutions. His primary responsibilities are to prepare technical analyses of land development and transportation infrastructure projects, including comprehensive traffic impact analyses, traffic operations analyses, and parking studies. Mr. Bhattacharjee has worked in the Southern California region for over fifteen years and has extensive experience in preparing traffic operations analyses for Caltrans and other MPOs. He is well versed in rules and regulations in the five -county SCAG region. Mr. Bhattacharjee has led teams preparing traffic studies and multimodal analyses for various types of projects. Mr. Bhattacharjee has extensive experience in preparing defensible transportation analysis for inclusion in CEQA documents. Since the passage of SB -375 and AB -32, Mr. Bhattacharjee has been involved in Green House Gas reduction strategies including facilitation of transit, complete streets implementation, and vehicle trip reduction strategies. REPRESENTATIVE PROJECTS Hoag Parking Analysis Translutions prepared the parking analysis to allow the existing Hoag Health Center in the City of Laguna Beach to expand into the adjoining retail space. Mr. Bhattacharjee was the Principal in Charge. Seven40ne Parking Analysis Translutions is working on a parking analysis for the weddings occurring at the Seven40ne hotel in the City of Laguna Beach. As part of this effort, Translutions conducted surveys to identify parking needs for facility. Mr. Bhattacharjee was the Principal in Charge. Starbucks Queuing Surveys As part of a project in the City of Santa Ana, Translutions conducted data collection and evaluation of queueing data at three Starbucks facilities in Orange County. The findings of the analysis were used to forecast queue lengths at a proposed Starbucks facility in Santa Ana. Mr. Bhattacharjee was the Principal in Charge. 2525 Main Translutions conducted a multimodal traffic impact analysis for the proposed 2525 Main Street project in the City of Santa Ana. The project is a brownfield development which will include the demolition of a 90,000 square foot building previously occupied by Wells Fargo. The proposed project will include approximately 500 apartment units. Two access alternatives were evaluated for this project. Mr. Bhattacharjee was the Principal in Charge. Newland Center Translutions conducted a traffic study for the addition of a new restaurant use in the existing Newland Center Shopping Center on Beach Boulevard in the City of Huntington Beach. The traffic study analyzed traffic impacts for existing and opening year conditions. The analysis was conducted using the ICU methodology. Mr. Bhattacharjee was the Principal in Charge. Kruse Road Feasibility Study The City of Pico Rivera: Kruse Road Feasibility Study and Development Plan is part of the SCAG Sustainability Planning Grant program. Translutions is part of a multi -disciplinary team of consultants for this project. Translutions' role is to evaluate traffic as well as it r� n� •� "II II u i I L.. I i, ^^IV ao II ii i n„ I II I I. iI I " ' ll, I I PRINCIPAL REPRESENTATIVE PROJECTS (Continued) Agreement No. 5896 ' Ili /�ql �� �� II, I''lll�i IlmVi I „ '�prl\�� Is� I pedestrian and bike operations and identify potential land use changes and their impacts on the transportation system. Mr. Bhattacharjee was the Principal in Charge. Rancho Palos Verdes General Plan Traffic Impact Analysis, City of Rancho Palos Verdes, Los Angeles County Translutions prepared the traffic impact analysis for the City of Rancho Palos Verdes General Plan. The analysis evaluated multimodal transportation within the City. Rancho Palos Verdes, being on the Pacific coast, attracts tourists, as well as hiking and bicycling enthusiasts. Since these activities generally occur during the weekend, an evaluation of bike and pedestrian operations during the weekend was also conducted as part of the analysis. The analysis include bicycle and pedestrian safety, as well as an evaluation of vehicle miles traveled for Global Climate Change impacts. Translutions provided VMT information at a Traffic Analysis Zone (TAZ) level to assist future development in the City once the OPR finalizes the proposed metrics pursuant to the implementation of SB -743. The entire analysis was conducted using the SCAG Regional Transportation Plan Model, SWITRS database, and TIMS data. Mr. Bhattacharjee was the Principal in Charge. City of Pico Rivera General Plan Traffic Impact Analysis, City of Pico Rivera, Los Angeles County Translutions prepared the General Plan Update Traffic Impact Analysis and Circulation Element. The analysis was based on the 2012 Southern California Association of Governments (SCAG) Regional Transportation Plan (RTP) Model. The Traffic Impact Analysis evaluated intersections and roadways in the City of Pico Rivera for multimodal operations and help develop a circulation system to support the proposed land use element. Mr. Bhattacharjee was the Principal in Charge. Lynwood Transit Area Strategic Plan, City of Lynwood, Los Angeles County Translutions provided strategies and prepared the traffic & VMT analysis for the Lynwood Transit Area Strategic Plan. The Strategic Plan is funded by a Metro TOD Planning Grant with the purpose of providing policy direction and guidance to develop the Long Beach TOD area of Lynwood. The main features of the Strategic Plan are to recommend policies and implementation measures to ensure connectivity, consistency, and integration of new development within existing land use designations, and to develop a conceptual framework to modify existing infrastructure to integrate the Metro Green Line, the 1-105 Freeway, and Long Beach Boulevard to capture development opportunities, ease transit connections, and develop a more sustainable and pedestrian -oriented community. Mr. Bhattacharjee was the Principal in Charge. Sierra Avenue Traffic Operations & Construction Impact Analysis, City of Fontana, San Bernardino County Translutions is working on the traffic operations analysis, construction impact analysis, and preparation of the traffic management plan for the Sierra Avenue Widening Project in the City of Fontana. The project includes the widening of Sierra Avenue from Foothill Boulevard to Baseline Avenue from four to six lanes. The project is interesting because of a proposed median. Translutions will evaluate potential implications of the median and identify locations for potential median breaks. The analysis will be conducted using the San Bernardino Traffic Analysis Model. Santa Margarita Parkway Bridge, City of Rancho Santa Margarita, Orange County Translutions is working with the City of Rancho Santa Margarita and assisting the Engineering Team on the Rancho Santa Margarita Bridge Hinge Replacement Project. Translutions will prepare a Construction Traffic Impact Analysis and Transportation Management Plan. This project is a Caltrans Local Assistance project. Translutions' role in this project is to identify strategies to minimize impacts to automobile, pedestrian, and bicycle traffic as well as to the nature trails in the area during construction. Translutions is evaluating signal timing and unobtrusive strategies to keep traffic moving during construction. Mr. Bhattacharjee was the Principal in Charge. The Enclave @ Upland Translutions conducted a multimodal traffic impact analysis for the proposed The Enclave at Upland project in the City of Upland. The project includes the development of 350 single family residential units in the City of Upland. The TIA analyzed multimodal traffic impacts for existing, opening year, and 2035 conditions. Two access alternatives were evaluated as part of this analysis in case the development was later constructed as a Gated Community. Mr. Bhattacharjee was the Principal in Charge. 2