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CONTRACT 6060 Professional Services Agreement CLOSEDAgreement No. 6060 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND MIG,INC. This AGREEMENT is entered into this 30th day of March, 2021, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("CITY") and MIG, INC., a California 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 fifty-two thousand seven hundred dollars ($52,700) for CONSULTANT's services. CITY may modify this amount as set forth below, Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit A ("Revised Proposal to Provide Environmental Services for the Standard Works Project located on 5.4 acres at 1475 E. El Segundo Boulevard and 1320-1330 E Franklin Avenue in the Smoky Hollow Specific Plan, City of El Segundo", dated January 29, 2021), which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit A ("Revised Proposal to Provide Environmental Services for the Standard Works Project located on 5.4 acres at 1475 E. El Segundo Boulevard and 1320-1330 E Franklin Avenue in the Smoky Hollow Specific Plan, City of El Segundo", dated January 29, 2021), 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 Agreement No. 6060 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. 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: i.. Carefully 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 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 2 Agreement No. 6060 proceed except at CONSULTANT's own risk until written instructions are received from CITY. 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: Pamela Steele, Principal Kent Norton 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 December 31, 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 15. 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: 1, CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and ii. 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. 3 Agreement No. 6060 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 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. 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 4 Agreement No. 6060 satisfactorily completed 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. 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 art work, 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-, i. 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 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, 5 Agreement No. 6060 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. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 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. 1 Agreement No. 6060 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: Tyre 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 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 obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from rA Agreement No. 6060 payments due to CONSULTANT under this Agreement or terminate pursuant to Section 05. 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: If to CITY: El Segundo Development Services Dept. 350 Main St. El Segundo, CA 90245 Attention: Eduardo Schonborn, Principal Planner Phone: 310-524-2312mig Email: eschonborn else undo.or If to CONSULTANT: MIG Planning and Environmental Services 1650 Spruce Street, Suite 106 Riverside, CA 92507 Attention: Pamela Steele, Principal Phone: 951-733-5240 Email: pams.@,mi.gcom.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. W Agreement No. 6060 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. 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. 9 Agreement No. 6060 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. 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 a manner satisfactory to CITY. 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] 10 Agreement No. 6060 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF EL SEGUNDO MIG, Inc. a California Corporation Taxpayer ID No. 94-3116998 t Mitnick, Pamela Steele, Manager Principal ATTEST: jTra 1rq�r, Clerk , APPROVED AS TO FORM: �n � fnr Mark D. Hensley, City Attorney 11 Agreement No. 6060 i*:4:u:11r_I "Revised Proposal to Provide Environmental Services for the Standard Works Project located on 5.4 acres at 1475 E. El Segundo Boulevard and 1320-1330 E Franklin Avenue in the Smoky Hollow Specific Plan, City of El Segundo", dated January 29, 2021 Agreement No. 6060 P 1.... N NI IN G XI wi I January 29, 2021 Leila Carver, Contract Planner City of El Segundo 350 Main Street El Segundo, CA 90245 i bti'�.cc ,s9eng[.,.gg11i Subject: Revised Proposal to Provide Environmental Services for the Standard Works Project located on 5.4 acres at 1475 E. El Segundo Boulevard and 1320-1330 E. Franklin Avenue in the Smoky Hollow Specific Plan, City of El Segundo Dear Ms. Carver: We are pleased to submit this revised proposal to provide environmental services for a mixed - use project proposed on 5.4 acres at 1475 E. El Segundo Boulevard and 1320-1330 E. Franklin Avenue. These two sites are within the Smoky Hollow Specific Plan Program Environmental Impact Report (EIR). We have a strong team of environmental planners who worked on the Smoky Hollow Specific Plan EIR and are very familiar with the City of El Segundo. Our team is also well -versed in the nuances of preparing project -level EIRs in urban settings and experienced in evaluating the environmental impacts of in -fill development. I will be the Principal -In -Charge and Kent Norton, a Senior Project Manager, will be the Project Manager. We will work closely with your team to ensure a thorough and efficient environmental review process. The estimated budget for this proposal is $52,700 with the optional traffic study peer review. If you have any questions or need additional information, please contact Kent Norton at (909) 518- 8200 and I � i. � ¢� re .� L ui or me at (951) Approved: 733-5240 and pams@mlgcom.com. Thank you for the opportunity to assist you with this project. Regards, Pamela Steele Principal Signature Name Title Date PLANNING I DESIGN I COMMUNICATIONS I MANAGEMENT I TECHNOLOGY 1500 Iowa Avenue, Suite 110 Riverside, California 92507 USA 0 951 787 9222 www mi9com.com Agreeme 'N 60 -1 fcV Y`hQ'. Slalndad"d Januw V 212, 202,1 PROJECT UNDERSTANDING The City has received two applications, described below, from a developer to develop mixed -use projects on the following two adjacent sites within the Smoky Hollow Specific Plan. Site A would develop a 1.0-acre property located at 1475 E. El Segundo Boulevard within the Smoky Hollow Specific Plan (SHSP). The property currently has 19,311 square feet of light industrial and office space along with a number of surface parking lots. The developer proposes to add 48,425 square feet in several buildings that will house a combination of light industrial and technology uses including research & development. Site B would develop a 4.4-acre property located at 1320-1330 E. Franklin Avenue within the Smoky Hollow Specific Plan. The property currently has 10,428 square feet of light industrial/warehouse space and 9,522 square feet of office space (total 19,950 square feet) along with a number of surface parking lots. The developer proposes to add 47,200 square feet in 3 buildings plus a parking structure that will house a combination of general office, light industrial, and technology uses including research & development. The City is seeking environmental services to provide support with the CEQA review and processing for this project. Based on recent experience with other projects in the Smoky Hollow Specific Plan (SHSP), MIG proposes to prepare an Initial Study to determine if a Mitigated Negative Declaration (IS/MND) covering both sites is the most appropriate CEQA compliance document. If the IS and the City determine that another CEQA document is more appropriate, MIG will provide a revised scope and budget for the additional work. If the City determines the MND is most appropriate, it would be tiered off the SHSP EIR but would provide analysis of potential site -specific impacts as directed in the EIR. Specific tasks for our scope of work in the IS and MND are provided below. TASK 1: PROJECT INITIATION A project initiation/kick-off meeting (or teleconference) will be held with City staff and the applicant to review the scope of work with respect to verification of the project description, project tasks, objectives, and review of the checklist format. This meeting will also be an opportunity to discuss key project issues and concerns and establish communication protocols. During or prior to this meeting, it is anticipated that all project documents will be provided to MIG. Following the kick-off meeting, a project description, suitable for inclusion in the Initial Study, will be prepared and provided to the City to make sure that it accurately reflects key project characteristics and features. City comments and revisions will be incorporated, and the finalized project description will be used as the basis for the preparation of the Initial Study. TASK 2: PREPARE TECHNICAL ANALYSES Sub -Task 2.1 Air Quality, GHG, Energy Analysis. MIG will prepare a clear and concise analysis that evaluates the project's consistency with the approved Smoky Hollow Specific Plan EIR. The analysis will compare project characteristics (e.g., building sizes, construction activities) with El R assumptions to determine if the project could result in a new or substantially more severe environmental impact than identified in the approved EIR. As part of this analysis, MIG will use N Agreement No. 6060 Works I Iroject in ffic City of El Segundo the California Emissions Estimator Model (CaIEEMod, Version 2016.3.2) to estimate the net change in emissions generated by the construction and operation of the proposed project. The resulting net increase in emissions will be compared to regional CEQA significance thresholds maintained by the SCAQMD. MIG will also compare the proposed project's estimated emissions against the SCAQMD's Localized Significance Thresholds (LSTs). The SCAQMD's LSTs help public agencies analyze the project -related effects of pollutants on sensitive receptors (which includes residential receptors within a thousand feet of the project site to the north). The LST methodology takes into account a number of factors, including: (1) existing ambient air quality in the project vicinity; (2) the size of the project; and (3) how far project construction and operational activities would take place from the nearest sensitive receptor. MIG will quantify the GHG and energy emissions generated by the construction and operation of the proposed project using the same methodologies employed to prepare the project's air quality analysis. GHG emissions will be compared against SCAQMD CEQA thresholds. Regarding energy resources, the analysis would document known building design features (energy efficient building materials and systems) and operating characteristics (e.g., any trip reducing or other energy saving operations) that result in the efficient use of available energy resources. Sub -Task 2.2 Noise and Vibration Analysis. MIG will prepare a clear and concise noise and vibration technical report that will: « Describe the existing noise and vibration environment in the project vicinity and applicable City regulations related to noise. • Quantify potential construction noise and vibration levels at nearby land uses, particularly noise -sensitive land uses; Evaluate potential operational noise levels resulting from project noise sources, including on -site noise levels associated with equipment and site operations and off -site project - related increases in vehicular traffic along roadways used to access the project site. MIG will rely on ambient noise monitoring conducted for the Smoky Hollow Specific Plan to characterize the ambient noise environment at and near the project area. The noise analysis will identify typical construction equipment sound levels, quantify peak and typical construction activity noise and vibration levels, and, if necessary, identify best management practices or mitigation measures that would reduce the magnitude of potential construction noise and vibration impacts to less than significance. Once operational, the project would generate noise from vehicle travel and mechanical equipment. The noise analysis will evaluate the potential noise levels associated with these noise generating activities, the local regulations that govern these noise sources and, if necessary, identify best management practices or other measures intended to ensure noise generating activities comply with code requirements and do not result in a substantial increase in ambient noise levels. The noise analysis would also evaluate the potential for off -site vehicle trips to increase noise levels along local roadways used to access the project. In preparing this scope of work, MIG has made the following assumptions regarding the proposed project, available data, and approach to environmental review: 1. Administrative Drafts: MIG will prepare one administrative draft of the technical report for review by the City prior to finalizing the report. 2. Response to Comments. This SOW does not include time to respond to excessively complex legal or scientific comments on the IS/MND. Responding to these types of comments would requirean amended SOW / change order. Agreement No. 6060 ;:nviaPanN"n(;°d tal a uGr;a4r"iG";es f6r the a a�landard Sub -Task 2.3 Trip Generation/VMT Analysis. Since the proposed project is located within the approved Smoky Hollow Specific Plan, it is anticipated that a trip generation memo and a quantitative discussion of Specific Plan consistency for VMT will be the appropriate analysis. Translutions will assist MIG and will first develop the trip generation which will be calculated based on the site plans provided by the applicant. The trip generation will be compared to the trip generation of the parcel anticipated in the Specific Plan. For the VMT analysis, Translutions has already evaluated the location of the proposed project to identify if it could be screened out. Based on the project size, trip -based screening will not be applicable, nor is the project part of a transit priority area. Other screening criteria based on discussion with the City will be provided. Translutions will work with the City to obtain the 2020 Southern California Association of Governments (SCAG) Regional Transportation Plan/ Sustainable Communities Strategy (RTP/SCS) Model. The model will be modified so that the project forms a discrete traffic analysis zone (TAZ). Select Zone model runs will be conducted to identify project trip assignment which will be used to calculate project VMT. This task will be conducted using the base year as well as future year models. It is not anticipated that significant network edits will be required as part of this task. Translutions will calculate VMT for the Base Year without project and Base Year with project. It is anticipated that Translutions will evaluate VMT per capita for home -based work trips or VMT per service population. If the project is anticipated to have impacts under VMT, mitigation measures will be identified. VMT reductions as mitigations (if required) for the project will be calculated by applying either factors from CalEEMod, or by applying reduction factors from Quantifying Greenhouse Gas Measures, CAPCOA, 2010. A memorandum summarizing the findings of the analysis will be submitted. It is anticipated that Translutions' staff will not be required to attend meetings with agency staff or public hearings. OPTIONAL Sub -Task 2.4 Peer Review of Traffic Study. Translutions staff will review a traffic study prepared by others to determine whether it conforms to applicable local requirements for transportation analyses and any applicable provisions of the City's requirements and if the findings are appropriate. Translutions will present the peer review in a technical memorandum to the Client. The technical memorandum will discuss the objectives of our review, relevant CEQA and local planning consistency issues, and our recommendations for additional analysis, if required. The memorandum will include comments regarding any changes that might be necessary to the transportation analysis for incorporation into the environmental documents. Translutions' staff will coordinate with the Client to ensure that any required additional analysis is incorporated. The review will be conducted for one version of the report and the second round will incorporate Translutions' comments. TASK 3: PREPARE INITIAL STUDY The Initial Study will be prepared pursuant to the California Environmental Quality Act (CEQA), and CEQA Guidelines. Our scope assumes that sufficient information concerning the local water, sewer, and storm drainage systems and local public services will be provided by City Staff or the applicant in response to our inquiries. The Initial Study will include the key components described below. Environmental Sorvices for the, !;tandard Works Prolocl in the, GWY of L:/ Segundo Agreement No. 6060 u9antiary 22, 2021 Introduction MIG will describe the purpose and organization of the IS, and the need for the IS pursuant to CEQA Guidelines. The intent is to provide the CEQA lead agency (the City of El Segundo) and the public with detailed information about the project's environmental effects and any potential measures required to mitigate potentially significant impacts. Existing Conditions and Pro'ect Oescr/ tion The existing physical conditions on the site and in areas surrounding the site will be described to establish baseline conditions for the project. The project description will then be compared to the existing conditions and serve as the basis for all subsequent analyses of environmental impacts and, thus, is an essential component of the environmental document. MIG will formulate an accurate and well-defined project description containing a comprehensive description of all aspects of the project, including activities and processes that will occur on the site, as well as any off -site improvements necessary to implement the project. The Initial Study will incorporate the results of the technical analyses conducted under Tasks 2. CE A Checklist Issue Areas MIG will describe physical changes to the environment that could result from construction and operation of the project by addressing the 80+ questions within 20 issue areas in the Initial Study Environmental Checklist. MIG will describe project impacts as appropriate. MIG will use the IS Checklist questions, project plans, relevant thresholds of significance, and City policies to determine significant impacts. Mitigation measures and/or avoidance and minimization measures will be recommended to reduce potentially significant impacts to less than significant levels, as necessary. CEQA Determination Following completion of the Initial Study, the City will review the IS and determine whether an MND or an EIR should be prepared as the most appropriate CEQA compliance document. If it is determined that an MND will be required, the Initial Study will be packaged as an MND. (see Tasks 4 and 5) NOTE: If it is determined that an EIR or some other CEQA compliance document is required, MIG will prepare a revised scope of work, schedule, and cost estimate based on the results of the technical analyses and Initial Study. TASK 4: PREPARE DRAFT IS/MND Following review and approval by the City, MIG will package the Initial Study for circulation as an MND. This task includes completion of the Mandatory Findings of Significance consistent with the adoption of the MND. Also included is the preparation of a Notice of Intent to Adopt a Mitigated Negative Declaration (NOI). We will complete the standard NOI form or use a preferred template from the City. This task includes circulation, via certified mail, of the Initial Study and MND for public review to up to 40 agency recipients or other entities included on the City's standard environmental distribution list. MIG assumes the IS/MND for this project will be sent to the State Clearinghouse (SCH) and will require a 30-day public review period. MIG will transmit the IS/MND and the NOI to the SCH accompanied by the appropriate SCH forms. We will also post the NOI with the Los Angeles County Clerk/Recorder in accordance with CEQA requirements. We assume that the City will post the NOI at City Hall and in the local newspaper (if required) in accordance with its policies E:,nq'm'viro d'a'aRont al Services tor the Standard Works [�Iroft.a l in the Cily gat El Soguondo Agreement No. 6060 January 22, 2021 for CEQA implementation. It is assumed that the applicant will pay for all required filing and posting fees directly. TASK 5: FINAL DOCUMENTS Following conclusion of the required CEQA 30-day public review period, MIG will, if needed, assist the City in responding to any written comments received, including the preparation of memorandum with written responses, if necessary. Please note that the budget provided for this task is based on the number and complexity of the written comments normally received during the 30-day public review period for projects of this type. However, it is difficult to predict the number or complexity of comments there will be on this MND. We have allocated approximately 24 hours of staff time which is our best estimate of the time needed to complete this task. In the event that the allocated budget is exceeded due to the number, length, or complexity of the comments received, an additional budget authorization will be requested. This SOW also does not include time to respond to extensive or complex and detailed methodological comments that may be received from legal/scientific commenters. CEQA Guidelines Section 15097 requires a lead agency to prepare and implement a Mitigation Monitoring and Reporting Program (MMRP) for all mitigation measures adopted as part of an MND to ensure the mitigation measures are implemented as intended by the CEQA document. MIG will prepare a MMRP pursuant to Section 15097 of the State CEQA Guidelines that will be a table of all the mitigation measures included in the IS/MND. This will allow the City to use the table to monitor implementation of the mitigation measures. For each measure, the responsibility for ensuring proper implementation will be identified along with the timing and method of verification. Within (5) five working days of the City's approval (if approved) of the project and adoption of the IS/MND, MIG will provide a Notice of Determination (NOD) to the City. Following City approval of the NOD, MIG will file it with the Los Angeles County Recorder's Office. At the time of the filing, fees will need to be provided by the applicant pursuant to State of California Fish and Game Code section 713. This fee is not included in our proposal. TASK 6: MEETINGS AND HEARINGS This task assumes MIG's participation in up to two meetings with the City and/or the applicant, and two public hearings for the project. MIG will prepare and present PowerPoint presentations at the public hearings regarding CEQA issues. The meetings will be attended by lead MIG environmental staff. Budget for this task does not include the project kick-off meeting which is covered under Task 1. TASK 7: PROJECT MANAGEMENT MIG recognizes that frequent, immediate, and clear communication with the project team is essential to keep the environmental review phase of the project on track. MIG has allocated budget for communication and coordination with the City and other project team members to ensure we can communicate clearly and effectively. Additionally, this budget covers contractual matters, case administration, and our quality control review process. Agreem N 66 1 Eowr )nrnenlal Bern/icti,s for the Slandaf�d r T �� l / � „ 1, The estimated cost for preparing an Initial Study and Mitigated Negative Declaration for this project is $52,700 based on time and materials with the optional peer review task. If the IS and the City determine a different CEQA document is more appropriate, a revised scope and budget will be prepared. Expenses will be billed at cost plus ten percent. Invoicing will occur monthly and payments are due and payable within 30 days of receipt of invoice to MIG, 800 Hearst Avenue, Berkeley, CA 94710. As the project progresses, if there is a change in scope or additional time and efforts are needed, an amendment to the budget will be requested before proceeding. 1. Project Initiation 2. Technical Analyses 2.1 Air Quality/GHG/Energy $ 4,000 2.2 Noise Report $ 4,500 2.3 Trip GenNMT Report $10,700 3. Prepare Initial Study 4. Prepare Draft IS/MND 5. Final Documents' 6. Meetings and Hearings 7. Project Management Labor Cost Subtotal Expenses GRAND TOTAL (Labor + Expenses) OPTIONAL Task 2.4 - Traffic Study Peer Review GRAND TOTAL WITH OPTIONAL TASK 1 Assumes no extensive scientific or legal comments received on IS/MND $2,500 $19,200 $14,500 $2,000 $5,000 $3,000 $2, 500 48 700 $1,500 50 200 $2, 500 52 700 Agreer4at " b Ena,fjaomaac Wal Sa"naces f6a' aa;u Sl andai—rl Based on our scope of work, we anticipate that a draft of the Initial Study can be provided within eleven (11) weeks of the kick-off meeting. Following 2 cycles of City comments/revisions on the IS/MND, we estimate the final IS/MND document can be ready for public hearings in approximately 6 months (approx. 24 weeks) including the optional traffic study peer review as shown below. Activities Task Cumulative Weeks' Weeks' Project Initiation 1 1 All Technical Analyses Completed' 9 10 Admin. Draft IS/MND 8 11 Public Draft IS/MND Completed 6 17 30-Day Public Review 4 21 Final Documents4 3 24 Planning Commission Hearing TBD minimum time based on CEQA process 2 cumulative time allows for overlap of individual tasks 3 If MIG does peer review of traffic study this assumes that study is ready by week 6 4 Assumes no extensive scientific or legal comments received on IS/MND I