CONTRACT 6156 Professional Services Agreement CLOSEDAgreement No. 6156
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF EL SEGUNDO AND
KIMLEY-HORN AND ASSOCIATES, INC.
This AGREEMENT is entered into this 14 day of September, 2021, by and
between the CITY OF EL SEGUNDO, a general law city and municipal corporation
("CITY") and KIMLEY-HORN AND ASSOCIATES, INC., North Carolina Corporation
("CONSULTANT").
1. 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 ninety thousand dollars ($90,000) 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 up to this
sum as specified in the attached Exhibit A (Proposal to Provide
Environmental Consulting Services for the Southeast Quadrant Project,
dated September 13, 2021), which is incorporated by reference.
SCOPE OF SERVICES,.
A. CONSULTANT will perform services listed in the attached Exhibit A
(Proposal to Provide Environmental Consulting Services for the Southeast
Quadrant Project, dated September 13, 2021) including the optional tasks
if deemed necessary, which is incorporated by reference.
B. CONSULTANT will, in a professional manner, 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, necessary or proper to perform and complete the work and provide
the professional services required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement,
CONSULTANT will use the appropriate generally employed professional standards of
practice existing at the time of performance utilized by persons engaged in providing
similar services in the same vicinity. CITY will continuously monitor CONSULTANT's
services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have
15 days after such notification to cure any shortcomings to CITY's satisfaction.
Agreement No. 6156
4. 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 Exhibit
A) the tasks performed. If the CITY agrees with all of the information listed in the invoice,
CITY will then pay CONSULTANT 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 in writing to
suspend any work under this Agreement until the account is replenished by the
Developer/Applicant. The CITY is not responsible for the cost of any of CONSULTANT's
services 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 which Developer / Applicant funds are available.
5. 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).
6. FAMILIARITY WITH WORK,
A. By executing this Agreement, CONSULTANT agrees that it has
Carefully 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.
B. If services involve work upon any site, CONSULTANT agrees 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.
Agreement No. 6156
7. 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
Jessie Fan, Task Manager
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.
8. TERM. The term of this Agreement will start on the Effective Date and end on
June 30, 2022. 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 15.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under
Section 23 of this Agreement; and
CITY gives CONSULTANT a written notice to proceed.
B. 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 the Manager within 48
hours, in writing, of the cause and the extent of the delay and how such delay interferes
with the Agreement's schedule. The Manager will extend the completion time, when
appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the
main body of this Agreement takes precedence over the attached Exhibit; this Agreement
supersedes any conflicting provisions.
12. 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
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Agreement No. 6156
authorized in writing, executed
resulting from changes in the
agreement between the parties.
by CONSULTANT and CITY. The cost or credit to CITY
services will be determined in accordance with written
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with
a Taxpayer Identification Number.
14. 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.
15. 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.
16. TERMINATION..
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause.
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. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the
termination notice. Except as otherwise provided in the termination notice,
any additional work performed by CONSULTANT after receiving a
termination notice will be performed at CONSULTANT's own cost; CITY will
not be obligated to compensate CONSULTANT for such work.
D. 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
completed in accordance with the Performance Standards up to the
effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
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Agreement No. 6156
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by CONSULTANT under this Agreement shall
become CITY's property, upon CONSULTANT's receipt of full payment for services
rendered. 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.
18. 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 public 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.
19. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
Indemnification for Professional Services. CONSULTANT will save
harmless and indemnify and at CITY's request reimburse defense
costs for CITY and all its officers, volunteers, employees and
representatives 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.
Indemnification for other Damages. For claims arising out of the
performance of non-professional services only, CONSULTANT
indemnifies and holds CITY harmless from and against any claim,
action, damages, costs (including, without limitation, 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. For claims arising out of the performance of
non-professional services only, should CITY be named in any such
suit, or should any claim be brought against it by suit or otherwise,
arising out of this Agreement, or its performance, CONSULTANT will
defend CITY (at CITY's request) and will indemnify CITY for any
judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
Agreement No. 6156
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 23, 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.
20. 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.
21. 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 it is 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.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities. CONSULTANT will retain such financial and program service
records for at least 3 years after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other
times this Agreement is effective, CONSULTANT will procure and maintain
the following types of insurance with coverage limits complying, at a
minimum, with the limits set forth below:
Type of Insurance Limits
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 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
Agreement No. 6156
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. 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 renew the insurance for a period of 3 years after this Agreement expires
or is terminated. Such 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.
D, Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this
Agreement 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 pursuant to
Section 16.
24. USE OF SUBCONTRACTORS. Unless otherwise referenced in this Agreement,
CONSULTANT must obtain CITY's prior written approval to use any sub -consultants
while performing any portion of this Agreement. Such approval must approve of the
proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY regularly to provide the
status on the project, which will include a schedule update and a short narrative
description of progress for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
26. 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:
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Agreement No. 6156
If to CITY: If to CONSULTANT:
El Segundo Development Services Dept. Kimley-Horn, Inc.
350 Main St. 1100 W Town & Country, Ste 700
El Segundo, CA 90245 Orange, CA 92868
Attention: Eduardo Schonborn Attention: Rita Garcia, Project Manager
Phone: 310-524-2312 Phone: 714-786-6116
Email: eschonb�orn else undo.or Email: rita.garcia@kimley-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.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
28. 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.
29. 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.
Agreement No. 6156
30. 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.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal,
state, and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Exhibit, sets forth the entire
understanding of the parties. There are no other understandings, terms or other
agreements expressed or implied, oral or written. This Agreement will bind and inure to
the benefit of the parties to this Agreement and any subsequent successors and assigns.
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.
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.
36. ACCEPTANCE OF ELECTRONIC 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 electronic (pdf) or facsimile transmission. Such electronic or
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. TIME IS OF ESSENCE. Time is of the essence for each and every provision of
this Agreement. However, CITY recognizes that CONSULTANT's work must be governed
by sound professional practices.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to
fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military
authority, the natural elements, or other similar causes beyond the Parties' reasonable
control, then the Agreement will immediately terminate without obligation of either party
to the other.
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Agreement No. 6156
40. 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 in accordance with the Performance Measures.
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 CITY.
[Signatures on following page]
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Agreement No. 6156
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day
and year first hereinabove written.
CITY OF EL SEGUNDO
ATTEST:
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Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
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C*� for
Mark D. Hensley,
City Attorney
Kimley-Horn and Associates, Inc.,
a North Carolina Corporation.
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Jason Melchor, PE C65218,
Associate
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Taxpayer ID No. 56-0885615
Agreement No. 6156
EXHIBIT
Proposal to Provide Environmental Consulting
Services for the Southeast Quadrant Project,
dated September 13, 2021
Agreement No. 6156
September 13, 2021
Mr. Denis Cook
Interim Community Development Director
City of El Segundo
350 Main Street
EI Segundo, CA 90245
Re: Proposal to Provide Environmental Consulting Services for the Southeast Quadrant Project,
City of El Segundo, County of Los Angeles, California
Dear Mr. Cook:
Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this Proposal
to the City of El Segundo ("City" or "Client") to provide Environmental Consulting Services for the
Southeast Quadrant Project ("Project").
PROJECT UNDERSTANDING
This Project understanding is based on Kimley-Horn's conversations with City Staff, review of Client -
provided documentation, and our understanding of land use and environmental issues.
The Applicant is requesting the City's consideration of the Project, which proposes a corporate office
headquarters at the southeast corner of the El Segundo South Campus Specific Plan (ESSCSP) area, on
Lots 7 through 11, and 19; see ESSCSP Exhibit 5: Land Use Plan. To accommodate the proposed
corporate office headquarters, the Project proposes a Minor Modification to the ESSCSP, including
revisions to the Land Use Plan (ESSCSP Exhibit 5), Conceptual Site Plan (ESSCSP Exhibit 6), and Utilities
and Infrastructure (various ESSCSP exhibits); lot line adjustments; and widening and realigning the
Nash Street extension. The proposed improvements would decrease the land available forthe ESSCSP
recreation facility (7.54 acres of private outdoor recreational facilities for Raytheon employees on Lot
11) and preclude the Coral Circle connection through Lots 20 and 22 to the Nash Street extension. The
requested entitlements include a new subdivision map (i.e., Vesting Tentative Map No. 83507), Site
Plan Review, and an amendment to the Development Agreement (DA No. 11-02 for ESSCSP (EA-905)).
Kimley-Horn will assist the City in the preparation of California Environmental Quality Act (CEQA)
documentation for the proposed Project. Our proposed Scope of Services and estimated fee
presented below assume the preparation of an Addendum to the certified El Segundo South Campus
Specific Plan Environmental Impact Report (Specific Plan EIR) (SCH No. 2012101081). Kimley-Horn
requests City concurrence with this CEQA compliance strategy, prior to Project initiation.
Agreement No. 6156
Kimley>>)Harn Mr. Denis Cook, September 13, 2021, Page 2
Should the technical and environmental analyses produce substantial evidence that the Project would
have one or more significant effects not discussed in the Specific Plan EIR or that significant effects
previously examined would be substantially more severe than identified in the Specific Plan EIR, then
an Addendum would not be appropriate and either an Initial Study leading to a Mitigated Negative
Declaration (IS/MND) or an EIR would be required.
SCORE OF SERVICES
Kimley-Horn will provide the Scope of Services specifically set forth below. The Scope assumes:
• The ESSCSP recreation facility is proposed on the Lot 11 remnant, as depicted on page 4 (Final
Condition) of the "Sports Complex Plans 1" document (KPFF, January 20, 2021).
• The corporate office headquarters is proposed as depicted on page 3 (Illustrative Site Plan) of
the "Sports Complex Plans 2" document (Gensler, February 5, 2021).
• The baseline conditions, Project characteristics (i.e., one Land Use Plan/one Site Plan), and
approach will not change once Client issues the Authorization to Proceed (ATP). Any changes
to the Project that would result in changes to the Project Description or Addendum analyses,
including technical studies, will require a budget augment.
• The City Public Works Department will review the proposed modifications to the Nash Street
extension and Coral Circle connection to confirm compliance with the El Segundo General
Plan Circulation Element concerning function, capacity, and street classification and
standards. This review will also verify whetherthe proposed Nash Street extension would not
result in hazards due to a geometric design feature (e.g., sharp curves or dangerous
intersections). The City will provide the General Plan Circulation Element consistency findings
and design review to Kimley-Horn for inclusion in the CEQA documentation. [If desired by the
City, Kimley-Horn can provide the City with a supplemental scope to conduct this consistency
finding and design review.]
• The City Public Works Department will review the Applicant -provided Trip Generation
Assessment — El Segundo South Campus Specific Plan - Corporate Headquarters and
Recreation Facility (Fehr & Peers, July 6, 2021) for adequacy and CEQA compliance. The City
will provide the final City -approved Trip Generation Assessment to Kimley-Horn for inclusion
in the CEQA documentation. [We have also included as an optional task Kimley-Horn's peer
review of the Trip Generation Assessment, see Task 5.1 below.]
• One review cycle per deliverable, with the City's Planning Division and City Counsel reviews
occurring concurrently.
• City will provide one reconciled set of comments for each deliverable.
Agreement No. 6156
Mr. Denis Cook, September 13, 2021, Page .3
TASK 1.0: PROJECT INITIATION
Task I.J.: Project IKiiclk Off
Kimley-Horn staff will participate in a Kick -Off Meeting with the City and Applicant to discuss the
"CEQA Project" description and approach in greater detail. This initial meeting is a key milestone,
which is vital to the Project's success and CEQA compliance. The primary objectives will be to confirm
the City's expectations and Project goals and develop/refine the Project Description. The analysis
parameters, scheduling, and overall communications protocol will also be established. Prior to the
meeting, Kimley-Horn will distribute a Kick -Off Meeting Agenda and Data Needs Technical
Memorandum (TM).
Taslk .1.2° Data Collection/Review and Site Reconnaissance
Kimley-Horn will collect and review readily available reference data, including planning and policy
documentation from the City, County of Los Angeles, State and federal agencies, and other agencies
that may be affected by the Project. Kimley-Horn will assess whether available information is
adequate and complete, and notify the City of data gaps, if any. Data collected through this Task will
be foundational to the environmental documentation and incorporated into the analysis, as
appropriate. This Task may include reconnaissance of the Project site and its surroundings, and a
photographic recording of on- and off -site conditions.
TASK 2u u TECHNICAL STUDIES
Kimley-Horn will prepare the technical studies outlined below. Additional studies/analyses may be
identified during preparation of the environmental documentation.
Task 2J.0 Vehicle Miles "riraveled lieclhiniicall IlViernoranduirn
The Kimley-Horn Transportation Team has recently completed the City's Senate Bill 743
Implementation Guidelines (Draft VMT Guidelines) and developed a Vehicle Miles Traveled (VMT)
Calculator Tool. The City's VMT Guidelines established the City's policy and procedures to evaluate a
project for CEQA compliance (i.e., the VMT analysis). It is assumed the Project would meet the
screening criteria shown in VMT Guidelines Exhibit 2. Kimley-Horn; therefore, Kimley-Horn will
prepare a VMT TM for inclusion in the CEQA documentation. It is assumed a detailed CEQA
transportation analysis will not be required for the Project. If the Project does not meet the screening
criteria based on the VMT TM findings, Kimley-Horn will prepare a quantitative VMT analysis for an
additional fee.
Agreement No. 6156
Mr. Denis Cook, September 13, 2021, Page 4
'TASK 3.0- ADDENDUIVITOTHE SPECIFIC PLAIN EIR
The Project proposes changes or additions to the development anticipated in the Specific
Plan/Specific Plan EIR, but it is preliminarily assumed none of the conditions described in State CEQA
Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred. Therefore,
Kimley-Horn will prepare an Addendum to the previously certified Specific Plan EIR pursuant to State
CEQA Guidelines Section 15164. Kimley-Horn will focus the analysis on whether the Project elements
are consistent with the Specific Plan EIR and if they would have any effects not already examined in
the EIR. The Addendum will also include a brief explanation of the decision not to prepare a
subsequent EIR pursuant to State CEQA Guidelines Section 15162 and a summary of the analysis'
findings on the Project.
'Task 11.: Project Description
Based on information provided by the City and the Applicant, Kimley-Horn will prepare the Project
Description that articulates the Project characteristics. The draft Project Description will be provided
to the City for review prior to preparing the Addendum and technical studies to ensure concurrence
with the key Project elements, approach, and assumptions that will be carried through into the
analyses.
State CEQA Guidelines Section 15164 provides general guidance regarding Addendums; however, it
defers to Section 15162 to determine whether circumstances warrant preparation of a Subsequent
EIR. That is, if a project fails to meet Section 15162 criteria, an Addendum may be appropriate. This
finding must consider factors such as changes in the proposed Project's scope relative to the approved
project, changes in surrounding circumstances that have occurred since the Specific Plan EIR was
certified, and the discovery of new information that was not known at the time the previous EIR was
prepared. The Addendum test is the ability to provide substantial evidence showing that a proposed
project would not create new significant adverse impacts or increase the severity of a significant
adverse impact identified in the previous EIR.
For the environmental analysis, it is important to demonstrate that adequate consideration has been
given to all the environmental topics previously analyzed in the Specific Plan EIR and sufficient
evidence is provided to support the determination that the Addendum is the appropriate CEQA
document. Therefore, Kimley-Horn proposes to use the State CEQA Guidelines Appendix G
Environmental Checklist as the basis for the analysis. Concerning those State CEQA Guidelines
Appendix G thresholds that were adopted after the certified Specific Plan EIR, the Addendum will
Agreement No. 6156
KidepMarn Mr. Denis Cook, September 13, 2021, Page 5
evaluate the Project's potential to result in a significant effect. For purposes of this proposal, Kimley-
Horn anticipates that the results of the analysis will conclude that the proposed Project's impacts are
consistent with the previous Specific Plan EIR and no new significant impact would occur. However,
the if analysis of the facts, circumstances and evidence reveals that an addendum is not appropriate,
Kimley-Horn will recommend an appropriate CEQA document based on the findings and provide an
estimate for preparing it.
For each Appendix G threshold, the Addendum will summarize the Specific Plan EIR findings, evaluate
the potential Project impacts, and determine whether the Project impact conclusions are consistent
with the Specific Plan EIR significance determinations. Rather than focusing on the significance of the
Project impacts, the analysis will confirm whether the impact was examined in the Specific Plan EIR.
If the impact was not examined, the analysis will determine the impact's significance. Each resource
area analysis will also identify the regulatory framework (e.g., federal and State regulations, General
Plan policies, Municipal Code Standards, and Standard Conditions of Approval) that are applicable to
mitigate potentially significant Project impacts. If the analysis results in the need to add or modify
mitigation measures, updates to the applicable Mitigation Monitoring and Reporting Program
(MMRP) to address these mitigation measure changes will also be provided.
If Project impacts are determined to differ from those evaluated in the Specific Plan EIR, a
Supplemental EIR or Mitigated Negative Declaration may be required. This Scope excludes any
additional technical studies/CEQA documentation beyond an Addendum EIR.
The State CEQA Guidelines do not specify the content or format for an Addendum EIR. Kimley-Horn
recommends the Addendum consist of the following: (1) Purpose of the Addendum; (2) Project
Background; (3) Project Description, which would provide a project setting discussion; (4)
Environmental Analysis; and (5) Conclusions. A Mitigation Monitoring and Reporting Plan (MMRP) will
be provided as an Appendix to the Addendum. The MMRP will identify Specific Plan EIR mitigation
measures applicable to the Project, as well as any modifications to applicable measures and standard
conditions of approval, based on regulatory and City requirements.
Bask 3.3: Addendum Completion
Following City review of the Draft Addendum, Kimley-Horn will revise the Addendum to incorporate
all comments. The revised document will be provided in a redline version, depicting all revisions in
track change mode for ease of review, and in a "clean" version. Kimley-Horn has budgeted
conservatively, assuming up to a maximum of 50 hours to respond to City comments on the Draft
Addendum. If substantial new analysis is requested that has not previously been prepared or
Agreement No. 6156
Kimley>Morn Mr. Denis Cook, September 13, 2021, Page 6
considered in the Addendum, and/or substantive changes to the Project Description are required to
address City or Applicant comments, a budget augment will be required.
Kimley-Horn will also prepare and file the Notice of Determination (NOD) with the County of Los
Angeles County Clerk -Recorder within five working days of action on the Project. This Scope assumes
that the City will provide us with receipt of prior payment of California Department of Fish and Wildlife
(CDFW) fees as a part of the City's approval of the Specific Plan EIR.
TA IK 4„0u PROJECT IMANAGEIVIENIT AIND MIEE"irliNGS
Task 4a1a Project Management
Ms. Rita Garcia will be responsible for Project Management, including overall Project Team
supervision and ongoing consultation with the City. Ms. Garcia will coordinate with technical staff,
consultants, and support staff, toward completion of the Addendum. This task assumes 12 hours total
(4 hours per month with a 3-month Project duration).
Task 4.2: Meetings and Hearings
Kimley-Horn will maintain regular communications with the City to ensure compliance with the Scope
of Services, budget, and schedule and to disseminate Project information in a timely manner. This
coordination will include email communications and conference calls with the City. Ms. Garcia and
one additional Kimley-Horn staff will attend one in -person Project Kick -Off meeting, virtual biweekly
team progress meetings, and one public hearing. A maximum of up to 40 hours is assumed for this
task. Participation in and attendance at additional meetings, conference calls, or public hearings
and/or the need for additional management efforts exceeding the budget will require an amendment
or would be billed on a time -and materials basis.
Deliverables:'
• Kick -Off Meeting Agenda
• Kick -Off Meeting Notes and Action Items
• Data Needs TM
• Draft and Final Project Description
• Draft and Final Addendum
• 2 Hard Copy Final Addendum with
Appendices
• 5 Flash Drives Final Addendum with
Appendices
• Draft and Final Notice of Determination
• Meeting Agenda, as appropriate)
• Meeting Minutes and Action Items, as
appropriate
• PowerPoint Presentation at one public
hearing
'All deliverables will be transmitted to the City in electronic format (WORD and PDF), unless otherwise noted.
I�,'J rlfllJ ifl f rr/ //J 1 / ill1
Agreement No. 6156
TASK ,'S.O: OPTIONAIL
Task !Sol.: (Peer (Review Applicant -Provided Technical ,Studies
This task assumes that the technical study listed below will be provided to Kimley-Horn for our review
and incorporation into the Addendum. All studies and documentation should identify assumptions
and methodology.
• Trip Generation Assessment — El Segundo South Campus Specific Plan - Corporate
Headquarters and Recreation Facility (Fehr & Peers, July 6, 2021).
The peer review will focus on the appropriateness/thoroughness of the methodology and analysis,
whether the analysis' conclusions are supported by factual/credible evidence, and whether the
analysis meets the applicable provisions of CEQA and the State CEQA Guidelines. For the Trip
Generation Assessment peer review, Kimley-Horn will:
• Review the land use assumptions, trip generation rates, calculations, and results;
• Conduct one peer review cycle- additional peer review cycles are excluded;
• Prepare a Draft TM to present peer review findings and make recommendations;
• Conduct follow-up review to verify the Draft TM recommendations have been incorporated
in the revised technical study;
• Prepare a Final TM to substantiate compliance with the recommendations; and
• Participate in up to one phone call/virtual meeting to discuss the peer review findings, if
needed.
ADDITIONAL SERVICES
In 2020, Building Design+Construction ranked Kimley-Horn the #1 Sports Facility Engineering Firm.
Kimley-Horn has extensive national and statewide experience, providing landscape architecture,
civil, transportation, and other services to similar projects, including the Dallas Cowboys' World
Headquarters and training facility, the Star in Frisco.
Kimley-Horn's Sports Facility experience includes the following, among others:
• Raiders Vegas Training Center (civil engineering design services and transportation planning)
• Raiders Allegiant Stadium in Las Vegas (civil engineering design services and transportation
planning)
• The Star in Frisco — 510,000 square feet World Headquarters and athletic facility with 12,000
seats (civil design, roadway)
• SoFi Stadium (Information Technology Services)
Agreement No. 6156
Mr. Dennis Cook, September 13, 2021, Page 8
Any services not specifically provided for in the above Scope, if requested by the Client, will be billed
as additional services and performed at our then -current hourly rates. Kimley-Horn can provide
these services at Client direction. Additional services we can provide include the following, among
others:
• Environmental Technical Assessments
o Air Quality/GHG Emissions,
o Noise and Vibration,
o Energy,
o Health Risk,
+� Transportation Studies
o Trip Generation and VMT,
o Local Traffic Analysis,
o Circulation Element consistency,
o Geometric Design Safety Evaluation,
INFORMATION PROVIII LI I T
• Field Turf Design,
• Entitlements and Permitting,
• Hydrology Design and Analysis,
• Structural Engineering,
• Event Traffic Management,
• Utility Design and Coordination,
• Site Civil Engineering,
• Landscape Architecture, and
• Construction Phase Services.
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, including but not limited to the following:
• Revised Specific Plan (text and plans),
• Proposed Site Plan,
• Applicant -prepared technical studies,
• Description of Project operations,
• Physical improvements (if any), and
• Entitlement Applications and required
City permits.
Kimley-Horn is prepared to begin work upon receipt of the ATP and all Project data requests. We will
provide our services as expeditiously as practicable with the goal of meeting the Preliminary Schedule
outlined below. It is noted, this schedule assumes concurrent reviews by the City Planning Division
and City Counsel (see "City" below) and is highly dependent upon timely review and responses from
the City. If a separate review process by the Applicant or City third party CEQA reviewer or Legal
Counsel is desired, the Scope, Fee, and Schedule may change/increase to allow for additional
coordination and review/revision time.
Agreement No. 6156
Mr. Dennis Cook, September 13, 2021, Page 9
KH and City coordinate to draft Project Description: Month 1
KH prepares and City approves Technical Studies:
KH prepares Admin Draft Addendum EIR:
Month 1
Month 2
City reviews Admin Draft Addendum EIR and Kimley-Horn finalizes:. Month 3
Planning Commission
To be determined
Kimley-Horn will perform the above Scope of Services on a labor fee plus expense basis with the
maximum labor fee shown in the Fee and Expenses Table below. Kimley-Horn will not exceed the total
maximum labor fee shown without Client authorization. Individual task amounts are provided for
budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as
necessary.
Fee and Expenses Fable
_.........................................
Project Kick -Off
$
1,700
Data Collection/Review and Site Reconnaissance
$
7,030
Vehicle Miles Travelled TM
$
2,250
Addendum
$
-Project Description
$
5 060
State CEQA Guidelines Appendix G Checklist
$
32,360
Addendum Completion
......ww___.....
$
9,260
.................�..
Project Management and Meetings
$
_.
Project Management
$
3,840
Meetings and Hearings
$
8,900
Expenses
$
5,570
Total Fee and Expenses
$ 75,970
Optional Task: Peer Review Trip Generation TM
$
2,970
Total Fee and Expenses, including Optional Task
$ 78�940
Labor fee will be billed on an hourly basis according to our then -current rates. As to these tasks, direct
reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses
will be billed at 1.10 times cost. A percentage of labor fee will be added to each invoice to cover
certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage,
Agreement No. 6156
Mr. Dennis Cook, September 13, 2021, Page 10
supplies, Project related computer time, and local mileage. Administrative time related to the Project
may be billed hourly. All permitting, application, and similar Project fees will be paid directly by the
Client. Should the Client request Kimley-Horn to advance any such Project fees on the Client's behalf,
a separate invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and
paid by the Client.
Payment will be due within 30 days of your receipt of the invoice and should include the invoice
number and Kimley-Horn Project number.
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only
to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard
Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City
of El Segundo.
To expedite invoices and reduce paper waste, Kimley-Horn submits invoices via email in an Adobe PDF
format. We can also provide a paper copy via regular mail, if requested. Please provide the following
information:
Please email all invoices to
Please copy
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute the Agreement and return to us. We will commence services only after
we have received a fully -executed agreement. Fees and times stated in this Proposal are valid for sixty
(60) days after the date of this letter.
To ensure proper set up of your Project so that we can get started, please complete and return with
the signed copy of this Agreement the attached Request for Information. Failure to supply this
information could result in delay in starting work on your Project.
Agreement No. 6156
Mr. Dennis Cook, September 13, 2021, Page 11
We appreciate the opportunity to provide these services to you. Please contact Rita Garcia at
714.786.6116 or rita.garcia@kimley-horn.com, if you have any questions.
Sincerely,
IKIII LEY -HORN AND ASSOCIATES, ZINC.
By: Rita Garcia Kevin Thomas, CEP, ENV SP
Project Manager Vice President
Kevin Thomas is an official authorized to bind the firm. This statement of qualification is valid for 90
days.
Client's Federal Tax ID:
Client's Business License No.:
Client's Street Address:
Attachments:
• Request for Information
• Attachment —Standard Provisions
Agreement No. 6156
Mr. Dennis Cook, September 13, 2021, Page 12
Request for Information
Please return this information with your signed contract, failure to provide this information could result
in delay in starting your project
Client Identification
Full, Legal Name of Client
Mailing Address for Invoices
Contact for Billin Inquiries
Contact's Phone and e-mail
............... .
Client is (check one) Owner Agent for Owner Unrelated to
Owner
Parcel 1 1 Parcel V Parcel 3 1 Parcel
Street Address
County in which
Property is Located
Tax Assessor's
npertymmOwner Identification
......... ... _. _..... ......... _........
Owner 1 Owner 2 Owner 3 Owner 4
Owner(s) Name
Owner(s) Mailing
Address
No.
Owner of Which
Parcel #?
Project Funding Identification — List Funding Sources for the Project
Attach additional sheets if there are more than 4 parcels or more than 4 owners