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CONTRACT 6480 Professional Services Agreement CLOSEDAgreement No. 6480 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND MIG,INC. This AGREEMENT is entered into this 15 day of August 2022 ("Effective Date") by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and MIG, Inc., a California ("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 $50,000 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 this sum as specified in the attached Exhibit 'A" which is incorporated by reference. 2. SCOPE OF SERVICES.. A. CONSULTANT will perform services listed in the attached Exhibit "A," 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 accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. Agreement No. 6480 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. CITY's city manager ("Manager") may determine, at the Manager's sole discretion, that CONSULTANT must perform additional work ("Additional Work") to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work. B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. C. Payments for Additional Work must be approved by CITY's city council. All Additional Work will be subject to all other terms and provisions of this Agreement. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has - 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 -2- Agreement No. 6480 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. 8. TERM. The term of this Agreement will be from the Effective Date defined in this Agreements first paragraph through June 30, 2023. 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 16. 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until:. i. 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 forty-eight hours (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 Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Proposal for Services. 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 -3- Agreement No. 6480 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" 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 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. I" Agreement No. 6480 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 are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 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: Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs (including reasonable attorney's fees) 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 to the extent determined by final judgment or settlement to have been caused by any intentional misconduct or negligent act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of their professional services under this Agreement.. il. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, and costs (including, without limitation, reasonable attorney's fees), resulting from bodily injuries, or damage to the CITY's property, to the extent caused by CONSULTANT's intentional misconduct or negligence arising out of CONSULTANT'S operations in the course of performing this Agreement which would be covered under CONSULTANT's commercial general liability insurance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, -5- Agreement No. 6480 arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel reasonably satisfactory to CITY) and will indemnify CITY as set forth in the preceding sentence 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. Any other provision hereof notwithstanding, the indemnification obligations set forth in this Section 19 shall not extend to other persons or entities that the CITY retains to provide services for the project. 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 is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 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 three (3) years after termination or final payment under this Agreement. 23.INSURANCE. 0 Agreement No. 6480 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: Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits $1,000,000 $1,000,000 $1,000,000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. 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 thirty (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 three (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 -7- Agreement No. 6480 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 payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16. 24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 25.INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 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 CONSULTANT: MIG, Inc. 537 S. Raymond Ave. Pasadena, CA 91105 Attention: Laura R. Stetson Phone: (626) 744-9872 Email: Istetson@migcom.com If to CITY: City of El Segundo 350 Main Street El Segundo, CA 90245 Attention: Michael Allen Phone: (310) 524-2345 Email: mallen@elsegundo.org 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 in Agreement No. 6480 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. 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 Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one attachment to this Agreement. 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. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 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. ME Agreement No. 6480 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. 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 next page] -10- Agreement No. 6480 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. OF EL SEGUNDO MIG, INC. <2 10 S*' ttZ4 Darrell George, By: Lau R. Stetson City Manager ATT T: Tracy W eaver, City Clerk APPROVED AS TO FORM: MARK D. HEN�LEY`, City Attorney Title: Principal Taxpayer ID No. H - 3 1 1 � q 18 Joaquin Vazquez, Deputy City Attorney ins+ r r�c19 Approval: O , Risk Managef -11- Agreement No. 6480 EXHIBIT "A" CONSULTANT'S JULY 7, 2022 PROPOSAL -12- Agreement No. 6480 July 7, 2022 Michael Allen, Development Services Director City of El Segundo 350 Main Street El Segundo, CA 90245 via email to mallen@elsegundo.or Subject: Smoky Hollow Specific Plan — Minor Amendments — Revised Proposal Dear Michael: Thank you for asking MIG, Inc. to provide this letter proposal to undertake focused amendments to the Smoky Hollow Specific Plan, a project in which MIG participated a few years ago. Since adoption of the plan in 2018, the City has received numerous project applications, with many new businesses now successfully operating within the district. The Specific Plan was written to provide flexibility and broad business opportunities while balancing goals to avoid overburdening infrastructure. However, the City has identified focused plan amendments that could accommodate uses not previously considered and that would clarify intent. You have cited, for example, that small footprint fitness facilities might be permitted, as could caretaker units. The community benefits provisions might be better explained. Use regulations might allow for interpretations that respond more readily to constantly changing business models and operations. Based on our conversation, this proposal assumes that the planned revisions will be non -substantive and that public engagement will consist only of public hearings and one initial study session with the Planning Commission. As an option, we can conduct study session(s) with the Economic Development Advisory Council (EDAC). Because the adopted Specific Plan has been published online as an ePlan, we would need to make the changes first to the print document and once adopted, to the ePlan as well. We expect that CEQA documentation will consist of an Addendum to the August 2018 Specific Plan Final EIR. The attached scope of services and budget identify the tasks we will undertake to complete the work. We propose to invoice on a time-and-matierals basis. If this proposal is acceptable to you, we can work via a purchase order or contract, per the City's preference. Sincerely, Laura R. Stetson, AICP Principal Agreement No. 6480 Scope of Services MIG will provide the following scope of services. Please note that each task identified may not occur in the order presented in this scope, as tasks may occur simultaneously. Task 1: Project Management and Coordination 1.1: Kick -Off Meeting MIG Principal Laura Stetson and MIG's lead planner will conduct a teleconference with City staff to clarify your expectations regarding the Specific Plan amendments. Objectives for the call include: ■ Understand the City's ideas for plan amendments ■ Establish primary contact and preferred methods for communication ■ Discuss project schedule 1.2: Project Coordination Meetings (allowance) This task involves strategic planning meetings/phone calls between MIG and City staff as needed. The budget provides an allowance for coordination meetings. 1.3: Project Management This subtask provides for contract administration, invoicing, scheduling, coordination with the project team, and quality control/assurance. Task 1 Meetings and Deliverables Kick-off meeting Project coordination meetings (budgeted allowance) Monthly status reports (with invoices) Task 2: Recommendations Memorandum; Prepare Administrative Draft Specific Plan Amendments 2.1: Recommendations Memorandum During the kick-off meeting, City staff will identify the specific amendments to be accomplished and will suggest others for MIG to investigate, such as modifying the community benefits program. Based on the kick-off meeting discussion and any necessary follow-up with City staff, we will review the plan sections to be revised and prepare a memorandum outlining options for each section. We will schedule a call with the City to review the memorandum and ask staff to provide direction on the options presented. Agreement No. 6480 2.2: Planning Commission Study Session We will conduct one study session with the Planning Commission to inform them of planned amendments. We will use the memorandum to guide the Commission's discussion. Please note that if the Commission recommends additional and more substanstive revisions than included in this work scope, a scope and budget amendment would be required to complete that additional work. 2.3: Administrative Draft Specific Plan Amendments MIG will prepare an administrative draft of the proposed Specific Plan amendments for review by City staff. These will be prepared in underline/strike-out format to allow staff, the public, and decision - makers to easily identify the revised provisions. City staff will review the administrative draft document and provide one consolidated set of comments to MIG. Task 2 Deliverables Recommendations memorandum Electronic copy of the administrative draft Specific Plan amendments for review by City staff Task 3: Public Review Specific Plan Amendments We will incorporate City staffs comments into Specific Plan amendment document that will be subject to CEQA review and formal public hearings. Task 3 Deliverables Public review draft Specific Plan amendments (electronic) Task 4: CEQA Compliance - Addendum Based on our conversations with you, the amendments will be non -substantive; thus, we have assumed that the appropriate CEQA documentation will be an Addendum to the August 2018 Final EIR. MIG will prepare the draft Addenum and a final Addendum to incorporate City comments. No public review of the Addendum will be required. CEQA permits the use of an Addendum if only minor changes to an existing EIR are necessary and would not result in: • Substantial changes which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; • Substantial changes with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Agreement No. 6480 • New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete shows: o Additional impacts not identified in the previous EIR; o Impacts previously analyzed are substantially more severe; o Mitigation measures or alternatives previously found not to be feasible are in fact feasible and would reduce impacts or o There are additional measures or alternatives that are substantially different from those in the EIR and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. Although all the conditions listed above will need to be evaluated with respect to this project, the key determinant of whether it will qualify for an Addendum is whether the proposed amendments could result in a development yield or new uses that would result in substantially more severe adverse impacts or new impacts compared to those evaluated in the Final EIR. The potential impacts identified in the Smoky Hollow Specific Plan EIR will be identified and compared to the potential impacts of the proposed project to determine if new or more severe impacts may occur. To document this evaluation/comparison, the Appendix G Initial Study checklist will be used to summarize findings and conclusions reached for each issue area (i.e., air quality, traffic, land use, etc.), followed by a discussion of the impacts of the project as compared to the EIR. At the end of the discussion for each issue area, conclusions will be made regarding whether impacts of the project will be greater than the impacts identified in the EIR. We have assumed for budget purposes one round of comments and review with the City. An Administrative Draft Addendum will be prepared. Following comment/revisions by the City, MIG will prepare a final version of the Addendum to support City action. The City will be responsible for filing a Notice of Determination within five working days of project approval and paying any required filing fees. Task 4 Deliverables Administrative Draft Addendum Final Addendum Task 5: Public Hearings and Final Specific Plan 5.1: Public Hearings Because approval of the Specific Plan amendments is by ordinance (legislative action), public hearings by the Planning Commission and City Council will be required. MIG staff will attend public hearings with the Commission and Council. The budget provides for two total hearings. Agreement No. 6480 5.2: Final Specific Plan Following final City Council action, we will revise the print version of the Specific Plan to incorporate any revisions directed through the public hearing process. Parallel revisions will be made to the online ePIan. The budget provides an allowance for this task. Task 5 Deliverables Hearing presentation materials Final Specific Plan — Master reproducible (Word and pdf) and online version Task 6: OPTIONAL — EDAC Meetings As an optional task, MIG can attend EDAC meetings to conduct a study session(s) on the proposed amendments. We would prepare presentation materials and attend the sessions (virtually). Agreement No. 6480 Budget The table below identifies the estimated costs associated with each work scope task. All work and direct costs will be billed on a time -and -materials basis not to exceed $50,000. Staffing and Billing Rates The table below identifies billing rates to be used. Principal $215 - $245 Director/Senior Associate $160 - $195 Associates/CEQA Planners $110 - $130 Admin. Support $90 - $110 Direct costs or project expenses such as large quantity printing, plotting, and printing are charged at cost, plus 10%. The cost of communications including postage, courier, and other delivery costs are charged at cost, plus 10%. The mileage charge for personal autos will be the currently applicable mileage rate established by the Internal Revenue Service. All other travel expenses are charged at cost, plus 10%. Agreement No. 6480 Schedule We propose to adhere to the following schedule upon authorization to proceed and assuming timely City review of draft materials. We will want to refine the schedule with you. 1.0 Project Management and Coordination Kick-off meeting in late July, 2022. Other meetings as scheduled. 2.0 Administrative Draft Amendments Memorandum — Early September, 2022 Planning Commission workshop — Late September, 2022 Administrative Draft Amendments —Early November, 2022 3.0 Public Hearing Amendments Early December, 2022 (subject to City review timeframe) 4.0 Addendum to EIR January, 2022 5.0 Hearing and Final Documents As scheduled by the City