CONTRACT 5931 Professional Services Agreement CLOSEDAgreement No. 5931
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF EL SEGUNDO AND
KIMLEY-HORN AND ASSOCIATES, INC.
This AGREEMENT is entered into and takes effect this 9th day of July, 2020, by and
between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("CITY")
and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation
("CONSULTANT"). The parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, as specified in the attached Exhibit A;
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 for
CONSULTANT's services. CONSULTANT a sum not to exceed $45,470.00 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 B.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit A.
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 that lists the hours worked and hourly
rates for each personnel category and reimbursable costs (all as set forth in Exhibits A and B) 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
and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
Agreement No. 5931
If the CITY agrees with all of the information listed in the invoice, CITY will then pay
CONSULTANT.
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(s) for which it is performing services. 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
project(s).
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT represents that CONSULTANT has
i. Thoroughly investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending performance
of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT represents that
CONSULTANT has or will investigate the site and is or will be fully acquainted with
the conditions there existing, before commencing the services hereunder. Should
CONSULTANT discover any latent or unknown conditions that may materially affect
the performance of the services, CONSULTANT will immediately inform CITY of
such fact and will not proceed except at CONSULTANT's own risk until written
instructions are received from CITY.
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:
Rita Garcia, Project Manager
Frederik Venter
Michael Schmitt
B. 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.
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7. TERM. The term of this Agreement will start on the effective and end on June 30, 2021.
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 A;
B. Termination as stated in Section 0.
8. 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
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.
9. 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.
10. 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.
11. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
12. 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.
13. PROJECT COORDINATION AND SUPERVISION.
A. Rita Garcia will be responsible for negotiations and contractual matters with
CITY's Project Manager and will be responsible for job performance and
coordination with CITY's Project Manager.
B. Q.i s-, McClain, Planning Manager, will be assigned as CITY's Project Manager
and will be personally in charge of and personally supervise or perform the
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Agreement No. 5931
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.
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 fi-om 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 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 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 l (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 art work, 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.
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18. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
Indemnificalion 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. Indemnificalionfor 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
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 CEOA Actions. Notwithstanding the foregoing,
CONSULTANT need not indemnify, defend, or hold CITY harmless in
CEQA actions initiated pursuant to Public Resources Code §§ 21167 and
21 168 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
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Agreement No. 5931
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 its premises, upon reasonable notice,
during non -nal 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 three 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:
I Ve of Insurance
Commercial general liability:
Professional Liability
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Limits (combined sin0e)
$2,000,000
$1,000,000
Agreement No. 5931
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
K Commercial general liability insurance will meet or exceed the requirements of the
most recent ISO -CGL Form. 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. Liability policies 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, or
equivalent. Such insurance will be on an "occurrence," not a "claims made," basis
and will not be cancelable or subject to reduction except upon 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 I (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 coverage is provided on
a claims made basis, CONSULTANT will continue to maintain the insurance in
effect for a period of three 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 "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may terminate.
G. CONSULTANT agrees to waive all rights of subrogation against the CITY and its
officers, officials, employees, agents, representatives, and certified volunteers for
losses arising from work performed by CONSULTANT under the terms of this
Agreement.
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.
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24. INCIDENTAL TASKS. CONSULTANT will meet with CiTY monthly to provide the status
on the project, which will include a schedule update and a short narrative description of progress
during the past 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:
CITV-
El Segundo Planning & Building Safety Dept
350 Main Street
E1 Segundo, CA 90245-3813
Attn: Gregg McClain, Planning Manager
310-524-2393
gmcclain@elsegundo.org
CONSULTANT:
Kimley-Horn and Associates, Inc.
765 The City Drive, #200
Orange, CA 92868
Attn: Rita Garcia, Project Manager
714-939-1030
rita.garcia@kim ley-horn.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. 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.
27. 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.
28. 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.
29. 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 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.
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Agreement No. 5931
30. 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: Proposal for Services/Scope of Work;
Exhibit B: Budget; and
Exhibit C: Resumes
31. 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.
32. 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.
33. 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.
34. EXECUTION OF AGREEMENT; COUNTERPARTS; ELECTRONIC SIGNATURES.
This Agreement may be executed in several counterparts, each of which will be deemed to be an
original and all of which will constitute one and the same instrument. 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 electronic mail in "portable document format" (i.e., .pdf) form, or by facsimile
transmission. Such signature will be deemed to be and treated in all respects as an original
signature.
35. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will
be construed as both covenants and conditions, the same as if the words importing such covenants
and conditions had been used in each separate paragraph.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
37. 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.
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38. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perforin 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.
[SIGNATURES ON FOLLOWING PAGE]
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Agreement No. 5931
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CITY OF EL SEGUNDO KIMLEY-HORN AND ASSOCIATES, INC,.
a general law city a North Carolina Corporation
Taxpayer ID No. 56-0885615
�SrrcuS4�rep.^cp bny:
I ?
Scott a nick.
City Manager Senior Vice President
7/7/2020
Date
ATTEST
City Clerk
APPROVED AS TO FORM:
for
Mark D. Hensley,
City Attorney
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Agreement No. 5931
Exhibit A: Proposal for Services/Scope of work
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Klmley>#Horn
May 29, 2020
Mr. Gregg McClain
Planning Manager
City of EI Segundo
350 Main Street
EI Segundo, California 90245
Agreement No. 5931
RE: Proposal for Consulting Services forthe Cityof El Segundo Senate Bill 743 Implementation/
Vehicle Miles Travelled Policy Determination and Transportation Demand Management
Analysis
Dear Mr. McClain:
Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter
agreement (the "Agreement") to the City of EI Segundo ("Client" or "City") to provide consulting
services forthe City of EI Segundo Senate Bill 743 (SB 743) Implementation/Vehicle Miles Travelled
(VMT) Policy Determination and Transportation Demand Management(TDM) Analysis (the "Project'),
as well asthe supporting California Environmental Quality Act (CEQA) documentation.
PROJECT UNDERSTANDING
Senate Bill 743 (Steinberg, 2013) required changestothe State CEQA Guidelines regardingthe analysis
of transportation impacts. These changes identify VMTas the most appropriate metricto evaluate a
project's transportation impacts. In responseto SB 743 and to adhere to CEQA requirements, the City
is required to adopt new transportation impactthresholds. Therefore, the City seeks a consultantto
conduct analyses and prepare documentation that will provide guidance on future development's
compliance with SB 743 and CEQA requirements.
SCOPE OF SERVICES
Kimley-Horn will providethe Scope of Services specifically setforth below. This Scope ofServiceshas
been prepared based upon Kimley-Horn's understanding of the Project issues, and experience with
similar projects and issues. This Scope assumes: the Project and approach will not change once the
City issues Authorization to Proceed (ATP); and Kim ley -Horn will respond to one reconciled set of City
comments perdeliverable-additional City review cyclesare excluded.
TASK 1.0: SB 743/VMT
Kimley-Horn will use the base year SCAG model to determine the VMT per capita thresholds and
develop a MasterTDM toolbox as mitigation.
Task 1.1: VMT Analysis Methodology
Kimley-Horn will developa VMTanalysis methodology, which will closely followthe Governor's Office
ofPlanningand Research (OPR) CEQA Guidelines. ACity-wide screening map willbedeveloped forthe
City's individual TrafficAnalysis Zones (TAZ) for residential and employment thresholds.
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Task 1.2: Baseline VMT by Land Use Type
Kim ley -Horn will develop baseline City, County, and/or Metropolitan Plan ningOrganization (MPO)
regional VMTfor residential and retail model land uses.
Task 1.3: VMTThresholds
Kimley-Horn will assist the City in developing thresholds and determine which regional threshold to
use for the City VMT policy. The thresholds will be developed forthe SCAG model land uses.
Task 1.4: VMT Mitigation Measures
Kimley-Horn will develop VMT mitigation measures in collaboration with the City. We will develop a
TDM toolbox with applicable TDM measures.
Task 1.5: VMT Policy Document
Kimley-Horn will prepare a Draft VMT policy document for City review. We will respond to one
reconciled set of City comments on the Draft document and provide a "redline copy" that reflectsthe
proposed edits and responses to City com ments. We wi I I also provide a "check copy" for City approval
priorto finalizing. We have budgeted ten hours for responseto City commentson the Draft document.
Shouldthe level of commentsand responses exceed the assumedeffort, serviceswill be provided on
a time and materials (T&M) basis.
Task1.0 Deliverables: Draft and Final Policy Documents
TASK 2.0: CEQA DOCUMENTATION
Task 2.1: Notice of Exemption
Preliminarily, it is assumed the proposed Project would be exempt from CEQA under State CEQA
Guidelines § 15061(b)(3) common sense exemption, as follows:
State CEQA Guidelines § 15061 - Review for Exemption:
(b) A project is exempt from CEQA if:
(3) The activity is covered by the common sense exemption that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject
to CEQA.
Additionally, State CEQA Guidelines Article 19- Categorical Exemptions (CE) includes a list of classes
of projects which have been determined notto have a significanteffect on the environmentand which
shall, therefore, be exempt from CEQA. Preliminarily, it is also anticipated the proposed Project would
qualify undera Class CE, as follows:
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State CEQA Guidelines § 15308 - Actions by Regulatory Agencies for Protection of the
Environment: Class 8 consists of actions taken by regulatory agencies, as authorized by state
or local ordinance, to assure the maintenance, restoration, enhancement, or protection of
the environment where the regulatory process involves procedures for protection of the
environment. Construction activities and relaxation of standards allowing environmental
degradation are not i ncluded in this exemption.
Kimley-Horn will prepare a Notice of Exemption in a City -approved format descri bingthe Projectand
providing supporting analysis to substantiate the appropriateness of a common sense exemption
and/ora Class 8 CE. We will file the Noticeof Exemption with the County and OPR.
Task2.0 Deliverables: Draftand Final Notice of Exemption
TASK 3.0: PROJECT MANAGEMENT AND MEETINGS
Task 3.1: Project Management
Ms. Rita Garcia will be responsible for overall team management and coordination, and ongoing
consultation with the City.
Task 3.2: Meetings
All meetings will bevirtual. It is anticipatedthat a weekly meeting will be scheduledto presentfindings
and the policy document.ThisScope also includesattendanceatuptotwo public hearings to present
the Final document, either in person orvirtual.
Assumed Meetings/Hearings:1 Project Kick -Off, 6 Progress, 2 Public Hearings
Task 3.0 Deliverables: Agenda (per meeting, as appropriate), and Minutes and Action Items (per
meeting, as appropriate)
Additional Services
Any services not specifically provided for in the above scope, if requested bythe Client, will be billed
as additional services and performed at ourthen-current hourly rates.
Information Provided by Client
Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by
the Client or the Client's consultants or representatives. The Client shall provide all information
requested by Kimley-Horn duringthe Project,
�r 765 The City Drive, Suite 200 Orange, CA 92868
_.,
Agreement No. 5931
Exhibit : Budget
DocuSign Envelope ID: 9EA62BF5-2605-4C5D-916D-F4B555F35553 Agreement No. 5931
Kimley-Horn will perform the services specified in the Scope of Services in Tasks 1.0 through 3.0 for
the total lump sum laborfee below. Individual task amounts are informational only. In addition tothe
lump sum laborfee, direct reimbursable expenses such as express delivery services, fees, airtravel,
sub -consultant costs, and other direct expenses will be billed at 1.10 times cost. All permitting,
application, and similar project fees will be paid directly by the Client. Should the Client request
Kimley-Horn to advance anysuch projectfees on the Client's behalf, a separate invoice forsuch fees,
with a ten percent (10%,) markup, will be immediately issued to and paid by the Client.
DESCRIPTION
Task 1.0: SB 743/VMT
1.1 V'MT Analysis Methodology .......................................
$ 6,925
...................
1.2 BaselineVMT by Land Use Type
$ 7,825
1.3 VMT Thres holds
$ 2,950
..........
1.4 VMT Mitigatuon Measures
$ 4,125
1.5 VMT Pol icy Document
$ 6,695
TASK 2.01: CEOA DOCUMENTATION
2.1 l Categorical Exemption
N $ 2,150
T'AS'K 3.0: PROJECT MANAGEMENT AND MEETINGS
3.1 Project Management
$ 1,960
3.2 Meetings
$ 7,840
TOTAL 140,47
This breakdown by task is provided for informational purposes only, and is not intended to represent
a firm budgetfor each task. Budgets maybe reallocated among tasks, as necessary, according to the
Project's requirements.
Agreement No. 5931
Exhibit C: Resumes
Kirnley))) Horn
Professional
Credentials
• Bachelor of Science,
Urban and Regional
Planning, California
State Polytechnic
University, Pomona
Professional
Affiliations
• Association of
Environmental
Professionals
Page I1
Agreement No. 5931
Rita Garcia
With over 30 years of experience, Rita has provided environmental and planning
services to both public and private sector clients. Rita has specialized in managing and
contributing to CEQA/NEPA documents and regulatory permitting for a broad range of
projects, including various Housing Element and General Plan updates. She has been
involved with varied infrastructure, and development and redevelopment, including
infill and green field projects in sensitive environments, with substantial public
involvement and controversy. Having served in various capacities as Applicant, City
Staff, and Consultant, she contributes unique perspectives and approaches to
navigating challenging planning and regulatory environments. In her capacity as
Project Manager, Rita assembles and manages project teams, scopes, schedules, and
budgets, and guides technical and scientific studies. She is responsible for providing
technical guidance and quality control in the content and development of
environmental analyses. Rita has extensive experience managing both programmatic -
and project -level studies, which required detailed analyses of a broad range of
environmental issues and land use plan/policy/regulation compliance, among others.
Rita routinely and effectively interacts with federal, state, and local regulatory
agencies, as well as the public, on behalf of her clients, including through project
workshop and public hearing presentations.
EI Segundo Experience (* = prior to joining Kimley-Horn)
• Aloft Hotel IS/MND, EI Segundo, CA* — Senior Analyst
• Chevron Central Reliability Center and Central Tool Room/I&E Shops IS/MND, EI
Segundo, CA* — Senior Analyst
• Park Place Extension and Grade Separation Project EIR/EA, EI Segundo, CA*
Project Manager & Senior Analyst
• Douglas Street/Utah Avenue Project IS/MND, EI Segundo, CA* — Project Manager
• Equinix Data Center IS/MND, EI Segundo, CA* — Project Manager
• Hampton Inn IS/MND, EI Segundo, CA* — Project Manager
• Nash Street Data Center IS/MND, EI Segundo, CA* — Project Manager
• Queen Esther Square Shopping Center Project IS/MND, EI Segundo, CA* — Project
Manager
• T5 Data Center IS/MND, EI Segundo, CA* — Project Manager
• The Lakes Specific Plan and Topgolf Project EIR & Proposed Modified Project CEQA
Compliance Review, EI Segundo, CA — Project Manager
• West Basin Ocean Water Desalination Project ADEIR, EI Segundo, CA* — Project
Manager & Deputy Project Manager
General Plan Experience
• City of Del Mar Sixth Cycle Housing Element Update, Del Mar, CA — Environmental
Manager
• City of Encinitas 2013-2021 Housing Element Supplemental PEIR, Encinitas, CA—
Environmental Manager
• Artesia General Plan 2030 Program EIR, Artesia, CA* — Project Manager
• Buena Park General Plan 2035 Program EIR, Buena Park, CA* — Senior Analyst
• Hawaiian Gardens General Plan Update Program EIR, Hawaiian Gardens, CA* —
Project Manager
• Lancaster General Plan 2030 Program EIR, Lancaster, CA* — Senior Analyst
Agreement No. 5931
MnOr 'W7 T (, #
Rita Garcia
• Murrieta General Plan 2035 Program EIR, Murrieta, CA* — Senior Analyst
• Newport Beach Zoning Code Update ISMND, Newport Beach, CA* — Project Manager
• Palmdale 2006-2014 Housing Element Update EIR, Palmdale, CA* — Senior Analyst
• City of Riverside 2014-2021 Housing Element Update Addendum EIR, Riverside, CA* — Project Manager
• City of Riverside 2014-2021 Housing Element Update Implementation Plan EIR, Riverside, CA* — Project
Manager
• The Fullerton Plan Program EIR, Fullerton, CA* —Senior Analyst
• Upland General Plan Update, Zoning Code Update, Climate Action Plan, and Cable Airport Land Use
Compatibility Plan Program EIR, Upland, CA* — Project Manager
• Various Housing Element Update ISMNDs, Anaheim, Fontana, Fullerton, Gilroy, Indio, Los Alamitos, Montclair,
Orange, Placentia, Stanton, CA* — Project Manager
• Villa Park General Plan Update ISMND, Villa Park, CA* — Project Manager
Infill Mixed-Use/Specific Plan/Hotel Experience
• Gardena Transit Oriented Development Project Admin. DEIR, Gardena, CA— Project Manager
• Rosecrans Place Project — Revised Site Plan IS/MND, Gardena, CA — Project Manager
• Stonefield 63 Project IS/MND, Gardena, CA—Project Manager
• Boeing Specific Plan Program EIR, Seal Beach, CA* — Senior Analyst
• CADWP Specific Plan EIR, Seal Beach, CA* — Senior Analyst
• Clearwater Specific Plan EIR, Mammoth Lakes, CA* — Senior Analyst
• Holiday Haus Project IS/MND, Mammoth Lakes, CA* —Senior Analyst
• Hotel del Coronado, Coronado, CA* — Senior Analyst
• Monterey Downs and Horse Park and Central Coast Veterans Cemetery Specific Plan EIR, Seaside, CA* — Project
Manager
• Long Point Resort, Rancho Palos Verdes, CA* — Project Manager
• Marblehead Coastal Specific Plan Addendum Nos. 1- 5 to EIR, San Clemente, CA* — Project Manager
• North Downtown Lancaster Neighborhood Revitalization / Transit Village Plan and EIR/EA, Lancaster, CA* —
Senior Analyst
• Old Town Yucca Valley Specific Plan Program EIR, Yucca Valley, CA* — Senior Analyst
• Ritz Carlton, Rancho Palos Verdes, CA* —Senior Analyst
• Temecula Creek Inn Specific Plan ADEIR, Temecula, CA* — Project Manager
• The Sherwin EIR, Mammoth Lakes, CA* — Senior Analyst
• Whittier Boulevard Specific Plan, Whittier, CA* — Senior Analyst
Infrastructure Experience
• BNSF Ono Lead Track Extension Project: CEQA, Entitlements, and Engineering Design, City of San Bernardino,
CA— EIR Project Manager
• BNSF Railway Confidential Projects (Two): CEQA/NEPA, Entitlements, and Engineering Design, County of San
Bernardino, CA — Deputy Project Manager
• Camp Pendleton Seawater Desalination Project Intake Testing Program Draft IS/ND, Camp Pendleton, CA—
Project Manager
• Coastal Treatment Plant Facility Improvements Project NOE and Memorandum, County of Orange, CA— Deputy
Project Manager
• Doheny Desalination Program EIR, South Coast Water District, CA — Senior Analyst
Page 12
Agreement No. 5931
Project Manager
Frederik has 30 years of experience as a transportation planner. He is currently
registered as a Professional Civil Engineer in California and has been involved
in several major transportation and traffic engineering studies, especially in
Monterey County and Santa Cruz County. Frederik is also working in Santa
Clara County and San Joaquin County. Frederik is currently working with
several agencies on establishing their VMT thresholds per SB 743 Guidelines.
In addition, he is working on several development projects when VMT analysis
with LOS analysis is required. Frederik understands the needs of both the
industry and local agencies with regards to SB 743 requirements, its challenges,
and solutions. Frederik is currently on the Caltrans Review Panel for the their VMT
guidance. Frederik is also serving on the Statewide ITE group for reviewing SB
743
R eIIevaint If;;;,xp,serlieIrire
• Santa Cruz County/City of Capitoia/C'ity of Santa Cruz/City of
Watsonville/City of Scott's Valley, SB 743 Implementation Plan, Santa Cruz
County„ CA — Project Manager
• SB 743 Implementation Plan VMT Assessment and Mitigation Strategies
for General Plan Implementation, Monterey, CA — Project Manager
• VMT Analysis and SB 743 Implementation, Marina, CA — Project Manager
• SB 743 Implementation and VMT Banking Plan, Salinas, CA — Project
Manager
• SB 743 Implementation Plan, Hollister, CA — Project Manager
• 2019 City of Tracy Master Plan and VMT Analysis, Tracy, CA — Project
Manager
• Travel Demand Modeling, 'Transportation Scenario Development, and
General Plan Update Support,, Santa Cruz, CA — Project Manager
• TAMC, Canyon Ciel Rey Boulevard (SR 218) Corridor Study, Salinas, CA —
Project Manager,.
• TAMC, Marina -Salinas Multimodal Corridor Plan (Study), Monterey
P i f ess II o InaI
Cire delnHalIs
Master of Science,
Urban Engineering,
University of Pretoria
Bachelor of
Engineering (Hons),
Transportation
Engineering, University
of Pretoria
Bachelor of Science,
Civil Engineering,
University of Pretoria
Professional Engineer
in California #64621
American Public Works
Association (APWA)
Monterey Bay Chapter,
Member
County, CA — Project Engineer u@ American Council of
• TAMC, 2016 Fort Ord Reuse Authority (FORA) Fee Study Update, Engineering
Monterey Bay, CA — Project Manager Companies (ACEC)
• SCCRTC, Unified Corridor Investment Study, Santa Cruz County, CA — Monterey Bay Chapter,
Project Manager
• Corridor Planning II Process Zoning Code and Map Update for the General Plan 2030 Update,
Santa Cruz, CA — Project Manager
• VTA, 1-280 Corridor Study, Santa Clara County, CA — Project Engineer
• On -Call Civil, Traffic, Architectural, Engineering, and Other Professional Services, Monterey, CA
— Project Manager
SCCRTC, SR 9 Multimodal Corridor Study, Santa Cruz, CA — Project Manager
-
"ooPNV iiq,lpuuu
Michael has more than 25 years of experience and is recognized by both the
American Planning Association (APA) and the Transportation Professional
Certification Board (TPCB) as an expert in transportation planning. He has worked
on a wide variety of multi -modal transportation projects including those with a
significant focus on vehicle miles traveled (VMT) in support of SB 743 analysis
requirements. This expertise builds on his extensive travel demand modeling and trip generation
expertise. He has authored National Academies research on trip generation and presented VMT/SB 743
materials to multiple professional groups including the Institute of Traffic Engineers (ITE) and the
Association of Environmental Planners (AEP).
He is currently responsible for developing SB 743 thresholds and policies for multiple northern and
southern California jurisdictions. In addition, he has completed multiple complex VMT/SB 743 analyses
for clients throughout California covering a broad range of land use types. Mike's broader technical
expertise includes multi -modal planning, land use planning, geographic information systems (GIS), traffic
operations, safety, public involvement, transportation demand measures (TDM), and research.
Santa Cruz County/ City of Capitola/ City of Santa Cruz/ City of Watsonville/ City of Scott's Valley, SB
743 Implementation Plan, Santa Cruz County, CA — Kimley-Horn is working with Santa Cruz County and
the Cities within its boundaries to develop VMT analysis guidelines, VMT thresholds, screening maps and
criteria, TDM programs, and custom sketch planning tools to estimate VMT. This collective effort
included significant cross agency coordination with the end -product still being tailored to the individual
agencies. The custom tools utilize travel demand model data to estimate VMT, Greenhouse Gas (GHG)
emissions, and the effect of TDM in terms of mitigation. This effort build son Kimley-Horn's previous
efforts related to updating the County's travel demand model to a base year of base year of 2019 and a
future year of 2040.
Riverside County SB 743 Implementation Plan, Riverside County, CA — Kimley-Horn is working with
Riverside County to develop VMT analysis guidelines, VMT thresholds, screening maps and criteria, TDM
programs, and a custom sketch planning tool to estimate VMT. As part of this effort Kimley-Horn is
updating the Riverside County's Traffic Impact Analysis Preparation Guide to address consistency issues
and provide for an approach that better meets the County's needs given the implementation of SB 743.
The custom tool utilizes travel demand model data to estimate VMT, Greenhouse Gas (GHG) emissions,
and the effect of TDM in terms of mitigation. As part of this effort, Kimley-Horn is also updating the
RIVTAM model to reflect recent infrastructure improvements.
City of Agoura Hills SB 743 Implementation Plan, City of Agoura Hills, CA — Kimley-Horn is working
with the City of Agoura Hills to develop VMT analysis guidelines, VMT thresholds, screening maps and
criteria, TDM programs, and a custom sketch planning tool to estimate VMT. The custom tool utilizes
travel demand model data to estimate VMT, Greenhouse Gas (GHG) emissions, and the effect of TDM in
terms of mitigation. As part of this effort, Kimley-Horn is made modifications to the SCAG model to
improve accuracy. This project also includes presentations to the City planning commission and City
Council.
City of Westlake Village SB 743 Implementation Plan, City of Westlake, CA — Kimley-Horn is working
with the City of Westlake Village to develop VMT analysis guidelines, VMT thresholds, screening maps
and criteria, TDM programs, and a custom sketch planning tool to estimate VMT. The custom tool
utilizes travel demand model data to estimate VMT, Greenhouse Gas (GHG) emissions, and the effect of
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TDM in terms of mitigation. As part of this effort, Kimley-Horn is made modifications to the
SCAG model to improve accuracy. This project also includes presentations to the City planning
commission and City Council.
City of Monterey Vehicle Miles Traveled (VMT) Assessment and Mitigation Strategies for SB 743
Implementation, City of Monterey, CA — Kimley-Horn is working with the City of Monterey as a part of
their General Plan Circulation Element updates to develop a General Plan poly for VMT analysis that is
consistent with SB 743. In addition, Kimley-Horn is developing VMT Thresholds for the City by land use
type and a transportation demand management toolbox that will contain to determine appropriate
mitigations for project -level VMT impacts.
City of Marina SB 743 Implementation Plan, City of Marina, CA — Kimley-Horn is working with the City
of Marina to develop VMT analysis guidelines, VMT thresholds, screening maps and criteria, TDM
programs, and a custom sketch planning tool to estimate VMT. The custom tool utilizes travel demand
model data to estimate VMT, Greenhouse Gas (GHG) emissions, and the effect of TDM in terms of
mitigation. As part of this effort, Kimley-Horn is also updating the AMBAG model to reflect land use
updates as appropriate.
City of Salinas SB 743 Implementation and VMT Banking Plan, City of Salinas, CA — Kimley-Horn is
working with the City of Salinas to develop VMT analysis guidelines, VMT thresholds, screening maps
and criteria, TDM programs, and a custom sketch planning tool to estimate VMT. The custom tool
utilizes travel demand model data to estimate VMT, Greenhouse Gas (GHG) emissions, and the effect of
TDM in terms of mitigation. As part of this effort, Kimley-Horn is also updating the AMBAG model to
reflect land use updates as appropriate. An integral part of this project is to develop and cost several key
City-wide projects that can be use as part of a VMT banking approach to VMT mitigation. The City of
Salinas is one of the first Cities in California to undertake the development of a VMT Banking system.
City of Hollister SB 743 Implementation Plan, City of Hollister, CA — Kimley-Horn is working with the
City of Hollister to develop VMT analysis guidelines, VMT thresholds, screening maps and criteria, TDM
programs, and a custom sketch planning tool to estimate VMT. The custom tool utilizes travel demand
model data to estimate VMT, Greenhouse Gas (GHG) emissions, and the effect of TDM in terms of
mitigation. As part of this effort, Kimley-Horn is also updating the AMBAG model to reflect land use
updates as appropriate.
City of Tracy Travel Demand Model Update and Vehicle Miles Traveled (VMT)/ SB 743 Implementation
Plan, City of Tracy, CA — Kimley-Horn is working with the City of Tracy as a part of the City's update to
their Transportation Master Plan to develop VMT thresholds for specific land uses for the City. Kimley-
Horn is updating the City's travel demand model and using it to complete the VMT analysis and
threshold development. The VMT analysis will use both tour- and trip -based approaches to
comprehensively evaluate trips completed with and without the City. Of concern is the context of the
City as a bedroom community for the Bay Area and the particularly long commute trips its citizens take
each day. The City also has many manufacturing and distribution centers that will also require custom
VMT analysis techniques for threshold development.
City of Mammoth Lakes Travel Demand Model Update and Vehicle Miles Traveled (VMT)/ SB 743
Implementation Plan, City of Mammoth Lakes, CA — Kimley-Horn is updating the City's travel demand
model and using it to complete VMT analysis and threshold development in support of SB 743 policy
implementation. The model analysis includes development of both a typical weekday and weekend
model reflective of peak winter tourism conditions. The model development includes the application of
big data to understand origin's and destinations as they relate to resident and visitor trip making
characteristics.