CONTRACT 6798 Professional Services AgreementAgreement No. 6798
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
DE NOVO PLANNING GROUP
This AGREEMENT is entered into
between the CITY OF EL SEGUNDO, a
("CITY") and CITY DE NOVO
Corporation ("CONSULTANT").
1. CONSIDERATION.:
this Pday of November, 2023, by and
municipal corporation and general law city
PLANNING GROUP, a California
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 $20,160.00 for CONSULTANT's services. CITY may modify this
amount as set forth below. Unless otherwise specified by written
amendment to this Agreement, CITY will pay this sum as specified in the
attached Exhibit 'A" which is 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 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 level of care and skill ordinarily exercised at the time of performance by
professionals engaged in providing similar services under similar circumstances. 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 reasonable satisfaction. Costs associated with curing
the deficiencies will be borne by CONSULTANT.
Agreement No. 6798
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 remaining budget.
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. 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
ii. 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 reasonably
acquainted with the conditions there existing that are readily observable,
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.
7. TERM. The term of this Agreement will be from October Ji , 2023, to June 30, 2024.
Unless otherwise determined by written amendment between the parties, this Agreement
will terminate in the following instances:
A. Completion of the work specified in Exhibit "A";
B. Termination as stated in Section 15.
8. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
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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.
9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the
contracted services. If delay occurs, CONSULTANT must notify the Manager within five
(5) days, 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.
10. 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 El Segundo Municipal Code (ESMC) Amendments,
dated March 27, 2023
11. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum
and the contract time will be adjusted accordingly. All such changes must be authorized
in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting
from changes in the services will be determined in accordance with written agreement
between the parties.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and
certificates that may be required to perform the services under this Agreement.
14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any
rights CITY may have under this Agreement or of any cause of action arising from
CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant,
or condition contained in this Agreement will not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, or condition contained in
this Agreement, whether of the same or different character.
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15. 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
performed up to the effective date of notice of termination, and costs
necessarily incurred by CONSULTANT due to termination, including the
costs attributable to CONSULTANT's termination of any subconsultant
agreements, 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.
16. 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 payment for the services performed. 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. Notwithstanding anything to the contrary
above, CONSULTANT and its subconsultants shall retain all right, title, and interest in,
including copyrights, to their standard details, drawings, designs, specifications, trade
secrets, source code, software, or other intellectual property used in CONSULTANT's or
its subconsultants' practice and existing prior to the date of this Agreement (collectively
"Pre -Existing Property"), subject to a limited, non-exclusive, royalty -free license to CITY
to use such Pre -Existing Property in accordance with the terms of this Agreement.
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Agreement No. 6798
17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art
work, prepared pursuant to this Agreement, will be released by CONSULTANT to any
other person or 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.
18.INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will
save harmless and indemnify and at CITY's request reimburse
reasonable 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. The Consultant will reimburse indemnified parties their
reasonable defense costs ultimately determined to have been
caused by the negligence of the Consultant and proportionate to the
degree of fault of the Consultant. Any payment toward a settlement
shall be proportionate to the degree of fault of the Consultant and
any settlement for which the Consultant must pay a reimbursement,
must be acceptable to the Consultant prior to execution of the
settlement.
Indemnification for other Damages. 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 where caused by the sole negligence or willful misconduct of
the CITY. Should CITY be named in any suit, or should any claim
be brought against it by suit or otherwise, whether the same be
groundless or not, arising out of this Agreement, or its performance,
CONSULTANT will defend CITY (at CITY's request and with counsel
satisfactory to CITY) and will indemnify CITY for any judgment
rendered against it or any sums paid out in settlement or otherwise,
except where caused by the sole negligence or willful misconduct of
the CITY. The Consultant will reimburse indemnified parties their
reasonable defense costs ultimately determined to have been
caused by the negligence of the Consultant and proportionate to the
degree of fault of the Consultant. Any payment toward a settlement
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shall be proportionate to the degree of fault of the Consultant and
any settlement for which the Consultant must pay a reimbursement,
must be acceptable to the Consultant prior to execution of the
settlement.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, 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 222, and any approval
of said insurance by CITY, are not intended to and will not in any manner
limit or qualify the liabilities and obligations otherwise assumed by
CONSULTANT pursuant to this Agreement, including, without limitation, to
the provisions concerning indemnification.
19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without
CITY's written approval are prohibited and will be null and void.
20.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and
the manner in which is it performed. CONSULTANT will be free to contract for similar
service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct
CONSULTANT as to the details of doing the work or to exercise a measure of control
over the work means that CONSULTANT will follow the direction of the CITY as to end
results of the work only.
21. AUDIT OF RECORDS. 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 pertaining to the services under this Agreement.
CONSULTANT will retain such financial and program service records for at least three
(3) years after termination or final payment under this Agreement.
22. 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
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Agreement No. 6798
minimum, with the limits set forth below:
Type of Insurance
Commercial general liability:
Professional Liability
Business automobile liability
Workers compensation
Limits
$2,000,000
$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 or equivalent. The amount of
insurance set forth above will be a combined single limit per occurrence for
bodily injury, personal injury, and property damage for the policy coverage.
Commercial General Liability and Business Automobile 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, or equivalent, 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."
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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 15.
23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement other than
to the consultants noted in the proposal. Such approval must approve of the proposed
consultant and the terms of compensation.
24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative
description of progress during the past month for each major task, a description of the
work remaining and a description of the work to be done before the next schedule update.
25. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
........ .. .............
FIf!'--
to CONSULTANT: If to CITY:
..............
De Novo Planning Group City ElSegundo
...............
1020 Suncast Lane, Suite 106 350 Main Street
El Dorado Hills, CA 95762 El Segundo, CA 90245 ........�.
Attention: Starla Barker and Steve McMurt Attention: Eduardo Schonborn
Any such written communications by mail will be conclusively deemed to have been
received by the addressee upon deposit thereof in the United States Mail, postage
prepaid and properly addressed as noted above. In all other instances, notices will be
deemed given at the time of actual delivery. Changes may be made in the names or
addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this paragraph.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed
nor retained any company or person, other than CONSULTANT's bona fide employee, to
solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid
nor has it agreed to pay any company or person, other than CONSULTANT's bona fide
employee, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Should
CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without
liability.
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Agreement No. 6798
28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of
any other party. There will be no incidental or other beneficiaries of any of
CONSULTANT's or CITY's obligations under this Agreement.
29. INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this agreement will be in Los Angeles County.
30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
31. ENTIRE AGREEMENT. This Agreement, and its 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 (1) 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.
32. 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.
33. 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.
34. 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.
35. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on
any number of separate counterparts, and all such counterparts so executed constitute
one Agreement binding on all the Parties notwithstanding that all the Parties are not
signatories to the same counterpart. In accordance with Government Code § 16.5, 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 transmission. Such electronic
signature will be treated in all respects as having the same effect as an original signature.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
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Agreement No. 6798
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. FORCE MAJEURE. Neither CONSULTANT nor CITY shall be considered in breach
or default 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. A Party claiming
the benefit of this provision shall, as soon as reasonably practicable after the occurrence
of any such event, (a) provide written notice to the other Party of the nature and extent of
any such force majeure event; and (b) use commercially reasonable efforts to remove
any such causes and resume performance under this Agreement as soon as reasonably
practicable.
39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness
and capacity to perform the Agreement in accordance with the terms herein.
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 reasonably satisfy a public CITY.
[Signatures on next page]
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Agreement No. 6798
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO,
a municipal corporation
AU
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Mkhae Alen
Community Development Director
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. H�NSLEY, City Attorney
DE NOVO PLANNING GROUP
A California Corporation
By: Steve McMurtry
Title: Principal
Taxpayer ID No. 29-2962235
in Vazquez, Assistant City Attorney
Insurance Approval:
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Agreement No. 6798
March 9, 2023 EXHIBIT A
City of El Segundo
Attention: Eduardo Schonborn, AICP
Planning Manager
350 Main Street
El Segundo, CA 900245
Via Email: eschonborn@elsegundo.org
SUBJECT: Proposal for Third Party Peer Review of the Class 32 CEQA Exemption Document
for the Proposed Smoky Hollow South Building Project at 233 Kansas Street
Dear Mr. Schonborn:
On behalf of De Novo Planning Group, thank you for the opportunity to submit this proposal to
provide third -party peer review of the Class 32 CEQA Exemption document and associated
technical studies prepared by the Applicant Team. It is our understanding the Project proposes
an approximately 102,000-square-foot, three story office building and six level parking
structure on APN 4139-006-063 within the Smoky Hollow Specific Plan.
Based on our review of the Project materials, discussions with City staff, and our experience
providing peer review services and in preparing environmental compliance documents per the
requirements of the California Environmental Quality Act (CEQA), we are confident that we can
meet and exceed the expectations of the City in providing the requested services. Our team
understands that as Lead Agency, the City of El Segundo is responsible for approving the CEQA
document. As prime consultant, De Novo will prepare the peer review to ensure the Class 32
CEQA Exemption document and supporting technical studies considers recent CEQA legislation
and agency requirements.
Our team is led by Principal Planner, Starla Barker, AICP. Starla will be the primary document
reviewer, providing Principal -level attention to the Project. Starla will serve as the Project
Manager and primary point of contact for the City. Starla has an extensive history of managing
and preparing CEQA documents throughout southern California, including Class 32 Infill
Exemptions. Starla is supported by Senior Planner Josh Smith who will also review the air
quality assessment. Josh leads preparation of De Novo's technical studies, specializing in air
quality/greenhouse gas emissions modeling and management of CEQA documents. We are
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Mr. Eduardo Schonborn, AICP
March 9, 2023
Page 2
Agreement No. 6798
supported by Kittelson and Associates who will review the transportation analysis, for
consistency with SB 743 requirements and the local transportation assessment, and by MD
Acoustics who will review the noise study.
We have prepared the following work plan in response to the City's request and our experience
providing peer review services for CEQA documents.
TASK 1.0: PROJECT INITIATION AND BACKGROUND REVIEW
The De Novo Project Manager will meet virtually with City staff to initiate the peer review work
program, including obtaining any background information relevant to the Project site and
surrounding area, as well as Project materials. The meeting will provide the opportunity to
discuss the proposed Project, peer review format, and schedule.
TASK 2.0: CLASS 32 INFILL EXEMPTION PEER REVIEW
The De Novo team will conduct a peer review of the applicant -prepared Class 32 CEQA
Exemption document and technical studies prepared to support the Class 32 CEQA Exemption.
A technical peer review of these studies for engineering purposes will not be conducted.
Our approach to conducting the peer review will involve the following considerations: 1)
compliance with the CEQA Guidelines; 2) technical accuracy of analysis in support of
conclusions and findings of significance; and 3) internal consistency of the document. CEQA and
technical specialists will conduct the review, with Ms. Barker serving as the primary CEQA
reviewer. Our review will result in a consolidated Peer Review Memorandum providing a
determination of compliance, along with any questions, comments, suggested edits or noted
issues or areas of deficiency in the document.
De Novo has teamed with Kittelson to provide peer review of the traffic impact study (TIS)
anticipated to be prepared by Fehr & Peers. Kittelson will peer -review the TIS to ensure that the
analysis is consistent with City of El Segundo methodologies and adequate for CEQA review.
The peer review will be conducted by a licensed traffic engineer in the State of California.
Currently, the level of VMT analysis is not currently known. For purposes of this scope of work,
it is assumed the TIS will provide an evaluation for screening -out of the VMT analysis. If it is
determined that the project does not meet the screening requirements, optional tasks have
been provided to include either review of the VMT analysis using the City of El Segundo Sketch
Planning Tool or VMT Analysis using SCAG Activity -Based Model (consistent with Fehr & Peers
scope of work dated February 3, 2023).
Mr. Eduardo Schonborn, AICP
March 9, 2023
Page 3
Agreement No. 6798
Review of Methods and Assumptions and Local Transportation Assessment. Kittelson will
review and provide comments on the methodologies and assumptions utilized to prepare the
local transportation assessment, including the trip generation rates, thresholds of significance,
a review of the intersection operational analyses, and mitigation measures. The review of the
intersection analyses will be conducted for up to 8 intersections for existing and opening year
without/with project conditions. A technical memorandum will be provided with comments on
the traffic study identifying any issues and topics that would need to be clarified and revised.
VMT Screening Level Analysis. The screening level VMT analysis is the first step of the VMT
analysis and will determine if additional VMT analyses may be needed. Kittelson will confirm
that the VMT screening -level analysis used appropriate methodologies to screen out VMT and
will summarize the findings in the technical memorandum. If needed, a second round of review
will be provided. If needed, the updated analysis will be reviewed to confirm comments from
the initial review have been adequately addressed.
De Novo has teamed with MD Acoustics (MD) to provide peer review services of the Noise
Study. MD will review the project description, approach, methodology, calculations and findings
and compare the results to the applicable City noise standards. Baseline noise readings and
field sheets will be reviewed to determine proper baseline reading protocols were followed.
Traffic noise calculations and modeling assumptions, including average daily traffic volumes,
speeds, vehicle mix, classifications and other metrics will be reviewed for accuracy. Traffic noise
projections will be verified and compared to the City's thresholds. Reference noise levels used
for stationary noise modeling and the noise modeling, approach and methodology used for the
on -site noise producing activities and equipment will be reviewed. The modeling approach will
be reviewed to ensure adequacy. A technical memorandum will be provided with comments on
the noise study identifying any issues and topics that would need to be clarified and revised.
An electronic version of the Peer Review Memorandum will be provided to the City for review
and transmission to the Applicant team.
Following revisions to the Class 32 CEQA Exemption document by the Applicant team, the De
Novo team will review the revised document and technical studies. We assume the revisions
will be provided in track changes or highlighted and be accompanied by a comment matrix. The
review will focus on ensuring the comments provided on the first review of the Class 32 CEQA
Exemption document have been adequately addressed and resolved. Our scope of work
assumes the project description will not have changed and that no new significant information
or technical analysis will be introduced that was not part of the initial draft.
Mr. Eduardo Schonborn, AICP
March 9, 2023
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Agreement No. 6798
Deliverables:
One (1) electronic Draft Peer Review Memorandum — Class 32 CEQA Exemption document
and Technical Studies
i One (1) electronic Peer Review Memorandum confirming Class 32 CEQA Exemption
document peer review comments have been adequately addressed or identification of
outstanding issues.
TASK 3.0: MEETINGS AND HEARINGS
De Novo will participate in teleconference calls with City staff as needed. For budgeting
purposes, a maximum number of hours have been assumed for teleconference calls to discuss
the work program and progress, resolve any issues, and/or receive necessary direction from
City staff. We do not anticipate in -person meetings; however, we can accommodate an in -
person meeting if requested. In addition to teleconference calls, De Novo will prepare for and
attend one (1) public hearing.
We anticipate the De Novo Project Manager will be required for each meeting. We have not
budgeted for additional technical support from other members of our team, including our
subconsultants, to attend public hearings. Any additional technical support will be
accommodated as necessary at time and materials.
TASK 4.0: PROJECT MANAGEMENT/ADMINISTRATION
This task involves the time necessary for management and administration of the project,
including invoicing.
TASK 5.0: OPTIONAL TASKS — VMT EVALUATION
As noted above, if the Project is determined to be disqualified from map -based screening, a
detailed VMT analysis will be prepared by the Applicant team either using the City's Sketch
Planning Tool or the SCAG Activity -Based Model. The following tasks have been provided to
account for the review of either analysis options, if needed.
Task 5.1: Review of VMT Analysis Using Sketch Planning Tool
This level of review will be needed if a VMT Analysis is required utilizing the City of El Segundo
Sketch Planning Tool. Kittelson will review the applicability of the TREDLite tool, VMT
calculations, and effectiveness of the recommended TDM measures. The findings will be
summarized in the technical memorandum as part of Task 2.
Task 5.2: Review of VMT Analysis Using SCAG Activity -Based Model
This level of review will be needed if a VMT Analysis is required utilizing the SCAG Activity -
Based Model. Kittelson will review the assumptions included in the travel demand model, VMT
per service population, and City thresholds. The effectiveness of the recommended TDM
Mr. Eduardo Schonborn, AICP
March 9, 2023
Page 5
Agreement No. 6798
measures will also be reviewed and the findings will be summarized in the technical
memorandum as part of Task 2.
ASSUMPTIONS
This proposal is based on the following assumptions. We propose to peer review the
environmental documents based on the body of statutes, guidelines, and case law that are in
affect at the time the contract is executed. Technical peer review of technical studies beyond
compliance and consistency with CEQA is excluded; the review will determine if the studies can
suitably be relied upon for use in the Class 32 CEQA Exemption document in accordance with
the requirements of CEQA. This scope excludes preparation of technical analysis by De Novo. All
peer review memorandums will be submitted electronically. The revisions to all products
requiring peer review will be done in track changes or highlighted and accompanied by a
comment matrix. Any additional work that is requested by the agency that is outside of the
scope of this proposal may require a contract amendment. Additional meetings not identified in
this proposal are outside of the scope, but can be accommodated on a time and materials basis.
STARLA BARKER, AICP
Project Manager / Principal Planner / Primary Point of Contact
Starla Barker, AICP, is a Principal Planner with De Novo Planning Group whose primary
responsibilities are the management and preparation of environmental documents (Initial
Studies, Negative Declaration, Environmental Impact Reports, and Environmental Assessments),
as well as other planning documents including General Plans and Specific Plans. With over 20
years of professional planning experience Starla has successfully managed a wide range of
projects with particular emphasis in General Plans, urban infill, downtown, and redevelopment
projects. Utilizing her experience in community planning, Starla is regularly involved in land use
and policy planning, including the development and implementation of community outreach
programs, and frequently manages and prepares environmental clearance documents for
citywide policy planning and redevelopment projects. Through her extensive experience in both
policy and environmental planning, Starla is keenly aware of the interaction between the two
and consistently takes a proactive and comprehensive approach to understanding planning and
environmental issues and developing solutions.
Mr. Eduardo Schonborn, AICP Agreement No. 6798
March 9, 2023
Page 6
JOSH SMITH, AICP, LEED AP
Senior Planner
Josh Smith, AICP, LEED AP, is a Senior Planner with De Novo Planning Group. He has over 12
years of experience and is responsible for the preparation of CEQA/NEPA documents (Initial
Studies, Negative Declaration, Environmental Impact Reports, and Environmental Assessments),
the development of air quality and greenhouse gas technical plans and reports, and climate
change planning for local governments. Josh has extensive experience with air quality,
greenhouse gas, and energy modeling, including criteria air pollutant and air dispersion
modeling. Josh also has substantial experience developing Climate Action Plans, Energy Action
Plans, and toxic air contaminant (TAC) Health Risk Assessments. He served as the primary
technical analyst on the Pleasanton, Oakdale, and Hughson Climate Action Plans, and has
managed EIRs such as the Manteca Annexation #1 EIR, Placer County RTP EIR, and Amador
County RTP EIR. Josh has additional expertise utilizing best -practice standards for developing
greenhouse gas (GHG) inventories and context -specific GHG mitigation measures, as well as
developing custom air pollutant emissions calculators for complex projects.
FERNANDO SOTELO, PE
Associate Engineer, Kittelson
Fernando Sotelo has extensive experience in CEQA and the technical aspects of transportation
planning, including travel demand forecasting, traffic impact analyses, and parking demand
studies. His professional experience with traffic and parking analyses includes several schools
and a variety of land development uses, such as warehousing, mixed use, commercial, and
recreation projects in southern and northern California. Fernando understands the complexities
of transportation planning and has prepared transportation sections for EIRs for major projects
such as general plan updates and specific plans. He focuses particular attention on issues such
as vehicular circulation, site access, queuing, and pedestrian routes to school and safety. In
addition to his experience in traffic, Fernando has prepared hundreds of technical studies for
noise and air quality analyses on a variety of projects.
MIKE DICKERSON JR., INCE
Principal, MD Acoustics
Mike has a passion for the science of sound and vibration and has worked professionally in
acoustical engineering since 2002. He received his Bachelor of Science degree in Physics,
emphasizing in acoustics from Brigham Young University in Utah. He is currently a member of
the Institute of Noise Control Engineers (INCE). Motivated by professional growth and
opportunity, Mr. Dickerson formed his own acoustical engineering firm, MD Acoustics in 2012.
Mr. Eduardo Schonborn, AICP
March 9, 2023
Page 7
Agreement No. 6798
Mr. Dickerson's versatile experience includes leading and assisting in the design and review of
many facets of acoustical engineering and air quality projects, including but not limited to
air/noise assessments, ceiling/floor assembly design, architectural design, acoustical product
design, vibration analysis and noise mitigation strategies. Prior to starting his own consulting
firm, Mr. Dickerson worked for Sony Entertainment, Parsons, and RK Engineering. He has
successfully completed over 2,200 acoustical/air quality assessment reports for various
engineering companies, municipalities, and other agencies (both public and private). His
strategic project planning and cost-effective management solutions enabled him to excel in the
field of Acoustics and project management.
SCHEDULE
The De Novo team will conduct the peer review of the Class 32 CEQA Exemption document and
technical studies and deliver the Peer Review Memorandum within three (3) weeks of the
Project initiation. It is assumed that electronic files of the Class 32 CEQA Exemption document
and all technical studies, including appendices with modeling outputs will be provided at this
time.
Within one (1) week of receiving the revised Class 32 CEQA Exemption document and technical
studies with revisions in track changes or highlighted and/or a response matrix, De Novo will
review and provide confirmation that all comments have been adequately addressed (as
appropriate).
FEE
The fee to provide the requested services is provided on the following page.
We appreciate the City contacting us regarding this work program. Should you need anything
else, please do not hesitate to contact me at (949) 396-8193 or sbarker@denovoplanning.com.
Sincerely,
DE NOVO PLANNING GROUP
Starla Barker, AICP, Principal Planner
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