CONTRACT 7138 Professional Services AgreementAgreement No. 7138
Agreement No.
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
ENVIRONMENTAL SCIENCE ASSOCIATES
This AGREEMENT is entered into this le
I day of November, 2024, by and
between the CITY OF EL SEGUNDO, a municipal corporation and general law city
("CITY") and ENVIRONMENTAL SCIENCE ASSOCIATES, 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 $73,439 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.
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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;
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 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 effective date above through June
30, 2026. 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 22 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: Scope of work description, Schedule, and Budget
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.
15. TERMINATION.
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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
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 of 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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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:
ii. 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, to the extent caused by any negligent or
intentionally wrongful act, error or omission by CONSULTANT
or any of CONSULTANT's officers, agents, employees, or
representatives, in the performance of this Agreement.
ii. Indemnification for other Damages. CONSULTANT indemnifies
and holds CITY harmless from and against any claim, action,
damages, costs (including, without limitation, reasonable
attorney's fees), injuries, or liability, arising out of this
Agreement, or its performance, to the extent caused by any
negligent or intentionally wrongful act, error or omission by
CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives. Should CITY be named in any
suit, or should any claim be brought against it by suit or
otherwise, which is subject to this Section 18(A)(ii), whether the
same be groundless or not, 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.
iii. Exclusion for CEQA Actions. Notwithstanding the foregoing,
CONSULTANT need not indemnify, defend, or hold CITY
harmless in CEQA actions initiated pursuant to Public
Resources Code §§ 21167 and 21168 where CONSULTANT's
work may form the basis of a lawsuit.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, representatives, and certified volunteers.
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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.
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
minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Professional Liability $1,000,000
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Business automobile liability $1,000,000
Workers compensation 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."
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.
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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:
If to CONSULTANT:
Attention: Luci Hise-Fisher
Environmental Science Associates
633 West 5th Street., Suite 830
Los Angeles, CA 90071
310-451-4488
LHise-Fisher@esassoc.com
If to CITY:
Attention: Eduardo Schonborn
City of El Segundo
350 Main Street
El Segundo, CA 90245
310-524-2312
eschonborn@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.
26. PROHIBITED USE OF ARTIFICIAL INTELLIGENCE.
A. Restriction on Artificial Intelligence Usage. CONSULTANT must not utilize,
employ, or incorporate any form artificial intelligence, machine learning, or
other similar technologies (collectively, "Al") in the provision of professional
services in this Agreement without CITY's express written consent.
B. Exclusions. The Al prohibition set forth directly above will not apply to
general business tools and software that may have Al. components but are
not directly involved in the execution or delivery of professional services that
this Agreement covers, provided that such tools and software do not
significantly impact the quality or nature of such services.
C. Notification. CONSULTANT must promptly notify CITY, in writing, of any
proposal to employ AI in connection its provision of services to the CITY
under this Agreement. CITY will have the sole discretion to grant or deny
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such proposal.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to
solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid
nor has it agreed to pay any company or person, other than CONSULTANT's bona fide
employee, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Should
CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without
liability.
29.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of
any other party. There will be no incidental or other beneficiaries of any of
CONSULTANT's or CITY's obligations under this Agreement.
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. 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.
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36. 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.
CONSULTANT warrants that its signatory (or signatories, as applicable) to this
Agreement has the legal authority to enter this Agreement and bind CONSULTANT
accordingly.
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. 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
reasonably efforts to remove any such causes and resume performance under this
Agreement as soon as reasonably practicable.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness
and capacity to perform the Agreement in accordance with the 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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IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
OF EL SEGUNDO
Darrel George,
City Manager
ATTE T.
Trady Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HNSLEY, City Attorney
0
ENVIRONMENTAL SCIENCE
ASSOCIATES
By: Ruta Thomas
Senior Vice President
Title
Taxpayer ID No. 94-1698350
Joaquin Vazquez, Assistant City Attorney
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Agreement No. 7138
633 West 5Ih Street
Suite 830
Los Angeles, CA 90071
213.599.4300 [',)h inc
213.599.4301 rx
October 17, 2024
Paul Samaras, Principal Planner
City of El Segundo
Community Development Department
350 Main Street
El Segundo, CA 90245
Subject: Revised Proposal for 703 North Pacific Coast Highway Project - Class 32 Categorical Exemption
Dear Paul:
Environmental Science Associates (ESA) appreciates the opportunity to submit this revised proposal to provide
environmental consulting services to the City of El Segundo for the proposed mixed -use project at 703 North
Pacific Coast Highway ("the Project"), in the City of El Segundo (City). Based on our discussion, review of
materials provided and experience preparing environmental documents for projects in the City, ESA assumes
thatthe Project will meetthe requirements of Class 32 "Infill" Categorical Exemption (CEQA Guidelines Section
15332), hereafter referred to as a Class 32 Categorical Exemption. The following provides a summary of the
Project as we understand it and a scope of work to complete the environmental review process.
The approximately 1.04-acre Project Site is located at 703 North Pacific Coast Highway in the north -central
portion of the City. The Site is comprised of one parcel (Assessor Parcel Numbers [APN] 4139-018-001). The
Project Site, which is located at the northwest intersection of E. Palm Avenue and Pacific Coast Highway, sits
within an urbanized, mixed -use area characterized by multi -family residential, restaurant, hotel, and office
uses. Pacific Coast Highway is developed primarily with commercial and office uses on the east side and
commercial uses on the west side. Office uses are located directly across Pacific Coast Highway with
commercial to the southeast. The building heights to the east of Pacific Coast Highway range in height from
one to six stories. A one-story IHOP restaurant is located immediately to the north of the Project Site. To the
south, across E. Palm Avenue.is a one-story Carl's Jr. restaurant. One and two-story multi -family buildings are
located to the west of the Project Site.
The Project Site is currently developed with a two-story commercial restaurant building. The vacant building
contains approximately 7,800 square feet (sf) and is located in the southern portion of the property. The
associated surface parking occupies the remainder of the Site. The Site has some ornamental landscaping,
including 10 trees.
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Paul Samaras
October 17, 2024
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The Project will result in the demolition of the existing structure and associated surface parking as well as the
removal of the existing trees. The Project will develop the Site with a mixed -use building consisting of
approximately 9,700 sf of ground floor commercial space with 79 residential units above. The ground floor
commercial space would front Pacific Coast Highway and could include uses such as a fitness center, medical
office, general office, retail sales and/or services, or food serving establishment, such as a cafe, food -to -go or
full -service restaurant. The residential units will be located on levels 5 through 8 of the structure. Approximately
6,000 sf of outdoor amenity area with seating and landscaping will be provided on level 5 and on the rooftop.
In addition, there will be an approximately 6,000 sf outdoor area with landscaping and seating and an
approximately 1,250 sf indoor gathering, coworking and kitchen area.
The Projectwill include the dedication of a 10-footwide area (1,336 sf) along E Palm Avenue for street widening.
Vehicular access will be provided via a full -movement unsignalized driveway on E. Palm Avenue at the western
end of the property. A ramp will lead up to Levels 2 through 4 where 191 parking spaces will be provided. The
Project will include a total of 94 bicycle parking spaces, with 68 long-term spaces and 26 short-term spaces.
The Project Site is designated General Commercial on the City's Land Use Map and is zoned General
Commercial (C-3) with a Mixed -Use Overlay (MU-0). The general purpose of the MU-0 is to co -locate housing
with commercial uses to reduce trips, thereby reducing vehicle miles traveled as well as emissions.
In accordance with El Segundo Municipal Code Sections (ESMC)15-25-2(B) and (E), site plan review is required
sine the Project is mixed -use and will include more than 10 multi -family units. The applicant has also filed a
density bonus application pursuant to ESMC Section 15-35-3. The applicant is requesting waivers of
development standards, including height, setbacks, maximum building frontage requirement, and landscape
requirements within setback areas.
Scope of WaIII" I4,
The CEQA Guidelines Section 15332 states that a Class 32 Categorical Exemption is allowed when an in -fill
development project meets the following conditions:
a. The project is consistent with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designation and regulations.
b. The proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare or threatened species.
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Paul Samaras
October 17, 2024
Page 3
d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or
water quality.
e. The site can be adequately served by all required utilities and public services.
Additionally, CEQA Guidelines Section 15300.2 lists six exceptions to a categorical exemption. These exceptions
include the following conditions:
a. Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located
- a projectthat is ordinarily insignificant in its impact on the environment may in a particularly sensitive
environment be significant. Therefore, these classes are considered to apply all instances, except
where the project may impact on an environmental resource of hazardous or critical concern where
designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local
agencies.
b. Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of
successive projects of the same type in the same place, over time is significant.
c. Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable
possibility that the activity will have a significant effect on the environment due to unusual
circumstances.
d. Scenic Highways. A categorical exemption shall not be used for a project which may result in damage
to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar
resources, within a highway officially designated as a state scenic highway. This does not apply to
improvements which are required as mitigation by an adopted negative declaration or certified EIR.
e. Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which
is included on any list compiled pursuant to Section 65962.5 of the Government Code.
f. Historical Resources. A categorical exemption shall not be used for a project which may cause a
substantial adverse change in the significance of a historical resource.
ESA will prepare a memorandum to document that the Project qualifies for a Class 32 Categorical Exemption
pursuant to CEQA Guidelines Section 15332, with reference to supporting technical studies that will serve as
appendices to the memorandum. As work proceeds, if unforeseen issues arise that might preclude the Project
from qualifying for the Class 32 Categorical Exemption, ESA will notify the Project Team as soon as possible to
discuss the issue and adjust course if necessary.
Agreement No. 7138
Paul Samaras
October 17, 2024
Page 4
Task 1: Project Kick -Off
As part of this first task, ESA (up to two staff members) will attend one virtual kickoff meeting with the City. The
purposes of the kickoff meeting are to identify and compile the relevant background data; familiarize ESA with
the Project; discuss the schedule; and establish points of contact and early communication with the City and
protocols for ongoing communication.
Followingthe meeting and a thorough review of the most recent Project plans, the technical studies provided,
and any new information obtained from the meeting, ESA will prepare a data needs memorandum listing
information and assumptions required to support completion of the Class 32 Categorical Exemption, including
air quality and noise technical studies, as well as information that may be needed to refine the project
description, address water quality, and public services and utilities analyses.
This scope of work assumes that Project engineering, grading plans, architectural design, Project sections, and
elevations for use in the analysis will be provided by the applicant and that information regarding the amount
and types of construction equipment that will be used at the Project Site will similarly be provided by the
applicant based on ESA's data needs request. In addition, ESA assumes that responses to the majority of our
data needs and any additional technical reports will be provided within approximately two weeks of receipt of
our request, in a consolidated format, and that a prolonged iterative process to obtain the information needed
to complete the process will not be required.
Products
ESA Project Manager and one additional ESA staff member attendance at one virtual kickoff meeting
0 Data Needs Memorandum
Task 2: Prepare Technical Reports
Air Quality Technical Study
ESA will prepare an Air Quality Technical Study to assess the potential air quality impacts that may arise from
implementation of the Projectfor a Class 32 Categorical Exemption. The Project Site is located within the South
Coast Air Basin (Basin), which is under the local jurisdiction of the South Coast Air Quality Management District
(SCAQMD). The air quality analysis will be conducted in accordance with the procedures and methodologies
setforth in the SCAQMD's CEQAAir Quality Handbook and supplemental guidance includingthe Final Localized
Significance Threshold (LST) Methodology (July 2008).
Agreement No. 7138
Paul Samaras
October 17, 2024
Page 5
ESA will briefly discuss pertinent air quality statutes and regulations at the local, regional, State, and federal
level that are applicable to the Project. ESA will define the air quality significance thresholds applicable to the
Project based on SCAQMD criteria and guidance. The air quality impact assessment will include an evaluation
of the Project's conformance with the applicable air quality management plan (AQMP) for the Basin focusing
on AQMP regulations and strategies directly applicable to Project -related emission sources. ESA will quantify
the Project's construction and operational regional emissions using the California Emissions Estimator Model
(CaIEEMod) and on -road vehicle emissions factor (EMFAC) model and will evaluate the emissions in comparison
to the applicable SCAQMD significance thresholds. ESA will use the version of CaIEEMod and EMFAC available
at the time the modeling is initiated. The construction emissions will be based on the amount and types of
construction equipment that will be used at the Project Site during the various construction phases.
Operational emissions will be based on buildout of the proposed uses and mobile source emissions will be
estimated based, in part, on the Project's estimated VMT provided in the Traffic Study.
The air quality analysis will also include an assessment of the Project's potential effect on local air quality
(localized carbon monoxide, nitrogen dioxide, and particulate matter) concentrations at nearby sensitive
receptor locations from its construction and operational emissions. The nearest air quality -sensitive receptors
in the vicinity of the Project Site include multi -family residences directly adjacent to the west of the Project Site,
multi -family residences located approximately 150 feet southwest of the site across E. Palm Avenue, and
Washington Park located along E. Palm Avenue approximately 375 feet west of the Project Site. The analysis
will be conducted in accordance with SCAQMD's LST Methodology, which provides screening -level thresholds
established by SCAQMD for projects that disturb five acres or less per day. ESA will also evaluate impacts
associated with localized carbon monoxide hotspots at nearby study intersections to the Project Site based on
the Traffic Study. Potential toxic air contaminants and odor emissions, which will occur primarily during
temporary construction activities at the Project Site, will be addressed qualitatively in the analysis based on
CARB and SCAQMD land use compatibility guidance and the Project's compliance with regulatory measures
and project design features to minimize toxic air contaminant and odorous emissions. A quantitative
assessment of toxic air contaminant in a health risk assessment is included as an optional task. ESA
recommends conducting a quantitative health risk assessment if the Project is in any way controversial or
subject to heightened community interest or public scrutiny or the potential for legal challenges exists.
ESA will evaluate potential cumulative impacts on air quality in the Air Quality Technical Study. The SCAQMD
has provided guidance on an acceptable approach to addressing the cumulative impacts issue for air quality in
its Cumulative Impacts White Paper (August 2003). Cumulative impacts will be evaluated consistent with this
SCAQMD methodology and thresholds.
Agreement No. 7138
Paul Samaras
October 17, 2024
Page 6
For the purposes of this scope of work, it is assumed that no more than one project option (schedule) and one
build -out year will be analyzed in the Air Quality Technical Study. Additional project options can be analyzed
under a separate scope and fee. ESA assumes that the Project Team will provide reasonably complete and
comprehensive data regarding construction and operations. Such data include but are not limited to:
construction schedule and fleet information, construction materials, number of construction workers, size and
location of buildings to be demolished, cubic yards of soil to be excavated, hauled or imported, and a final
traffic impact study which evaluates intersection impacts upon Project build -out. If these data are not known,
ESA can assist in developing reasonable assumptions, which could be subject to approval of additional fees.
This scope assumes that ESA will respond to one round of consolidated comments on the Air Quality Technical
Study from the Client. It is assumed that only minor revisions would be required in response to the comments
received.
Optional T sk. nutatative Coo trurctio_n a_th Risk Assessment,
A quantitative assessment of toxic air contaminant in a health risk assessment is included as an optional task.
ESA recommends conducting a quantitative health risk assessment if the Project is in any way controversial or
subject to heightened community interest or public scrutiny or the potential for legal challenges exists.
The construction health risk assessment will evaluate impacts from toxic air contaminants (i.e., diesel
particulate matter) at sensitive receptors within approximately one -quarter mile of the Project Site (i.e.,
residential uses located adjacent and to the west, and further to the southwest of the Project Site). ESA will
complete a quantitative construction health risk assessment in accordance with the SCAQMD Risk Assessment
Procedures, and the Office of Environmental Health Hazard Assessment (OEHHA) Air Toxics Hot Spots Program
Guidance Manual for the Preparation of Health Risk Assessments. Dispersion modeling will be conducted using
the U.S. Environmental Protection Agency (USEPA)-approved AERMOD dispersion model to characterize the
concentrations of construction diesel particulate matter. Health risk calculations will be applied using SCAQMD
and OEHHA guidance. If based on the results of the modeling analysis the Project would result in a potentially
significant construction health risk impact, ESA will recommend feasible mitigation measures to reduce the
impact, such as the use of cleaner construction equipment.
Agreement No. 7138
Paul Samaras
October 17, 2024
Page 7
Cultural (Historical and Archaeological) Resources
A Cultural Resources Assessment was conducted in support of an MND for the project site in 2018. A record
search was conducted at that time and the report addressed the built environment on site. As the historic
resources on the Project have previously been evaluated and ruled ineligible for local, state or historic
designation, ESA assumes that the Project would not directly impact historical resources. ESA will address
potential indirect impacts to any historic properties within .25-mile of the Project Site and a standalone historic
resources assessment will not be necessary. ESA assumes that no additional eligibility evaluations for off -site
historic architectural resources outside of the Project Site will be necessary to address indirect impacts; and
that no indirect visual or physical impacts to adjacent historical resources would occur.
Archaeological resources were not fully evaluated in the prior 2018 assessment, with the record search
indicating that nothing had been previously recorded with the Project Site. However, there was no Sacred Land
Files search included, or an evaluation of site sensitivity conducted. This would be required in order to evaluate
the Project's potential to impact archaeological resources that could be historical resources under CEQA.
In order to evaluate the Project's potential to impact archaeological and historical resources directly and
indirectly, ESA will conduct the following tasks:
1. Archival Research. ESA will conduct an updated archival research of the Project Site that will include
review of available building permits, historic aerial imagery, historic topographic maps, assessor
records, and tract maps. Research will be conducted at the Los Angeles County Assessor's Office, El
Segundo City library, El Segundo Public Library Julian the City's Building Safety Division, relevant
internet sites, and other archives to be identified as applicable. A record search will be conducted
including a records search at the California Historical Resources Information System - South Central
Coastal Information Center (CHRIS-SCCIC) at California State University, Fullerton to identify previous
cultural investigations and previously recorded cultural resources within a 0.25-mile radius of the
project site. The Built Environment Resources Directory (BERD), the Archaeological Determinations of
Eligibility, and the OHP list of California Historical Resources, which includes listings in the National
Register, California Register, California State Historical Landmarks, and California Points of Interest will
also be reviewed. Local listings and survey inventories will also be reviewed. Historic aerials and
topographic maps, soils maps, geology maps, and available geotechnical data will be studied to
determine historic land uses and past disturbances to assess the potential to encounter archaeological
resources during ground disturbing activities. A Sacred Land File search will be requested from the
California Native American Heritage Commission (NAHC) to identify traditional/cultural resources
Agreement No. 7138
Paul Samaras
October 17, 2024
Page 8
documented in the vicinity of the project site. ESA will commission a property records search through
EDR Lightbox® to obtain Sanborn Maps, historic aerials, and occupancy history records (city
directories).
2. Survey. The survey will confirm the Project Site in fact does not contain any potential for known
archeological resources. Any exposed surfaces, if encountered, will be inspected for evidence of
archaeological material. As part of this effort, ESA will conduct a pedestrian survey of the immediate
vicinity and other research to confirm that no historical resources or potential historical resources are
in close proximity to the Project Site that would be subject to significant indirect impacts. Any
archaeological materials as well as historic archaeological features will be photographed and
documented on DPR 523 forms.
3. Report Preparation. A Cultural Resources Assessment Report will be prepared that describes the
methods and results of the archival research and survey. The Report will include environmental and
cultural context, regulatory context, and subsurface sensitivity analysis. The report will be prepared
following the guidelines in Archaeological Resource Management Reports (ARMR): Recommended
Contents and Format (Department of Parks and Recreation, Office of Historic Preservation, State of
California,1990); Instructions for Recording Historical Resources (Office of Historic Preservation, March
1995); and How to Apply the National Register Criteria for Evaluation, National Register Bulletin 15
(National Park Service, Revised 1995). The report will evaluate the potential for indirect impacts to any
adjacent historic architectural resources, and based on the records search and SLF search results, will
document that there are no known archaeological or tribal resources on the Project Site. ESA will
respond to one round of consolidated comments from the City on the Historical Resources Assessment
Report. It is assumed that only minor revisions will be required in response to the comments received.
The report will support the analysis in the Cultural Resources section of the Categorical Exemption.
A copy of the final Cultural Resources Assessment Report will be filed with the SCCIC.
Since it appears that the Project qualifies for a Class 32 Categorical Exemption, a paleontological study and
Tribal consultation are not required.
Noise and Vibration Technical Study
ESA will prepare a Noise and Vibration Technical Study to evaluate potential noise and vibration impacts from
implementation of the Project. ESA will identify and briefly discuss pertinent noise and vibration regulations
and guidance at the local, regional, State and federal level that are applicable to the Project's noise and
vibration sources. ESA will define the noise and vibration significance thresholds applicable to the Project
Agreement No. 7138
Paul Samaras
October 17, 2024
Page 9
based on the City's General Plan Noise Element and Municipal Code Noise Ordinance (Title 7, Chapter 2) and
applicable guidance documents. ESA will establish the existing ambient noise environment for the area by
conducting short-term (15-minute each) ambient noise measurements at up to four (4) locations representing
the Project Site and nearby sensitive receptor locations, which include multi -family residences directly
adjacent to the west of the Project Site, multi -family residences located approximately 150 feet southwest of
thesite across E. Palm Avenue, and Washington Park located along E. Palm Avenue approximately 375 feet west
of the Project Site.
Construction noise levels at the nearby noise -sensitive receptors will be estimated using the Federal Highway
Administration's (FHWA) Roadway Construction Noise Model (RCNM) and based on the type of construction
equipment that will potentially be used and the amount of activity that would occur. Due to the proximity of
sensitive uses, project design featuresto minimize construction noise will need to included, consistentwith the
City's General Plan Policy N1-2.1, which recommends noise suppression equipment and/or the use of
temporary barriers when needed to comply with the City's Noise Ordinance standards. Potential vibration
impacts associated with construction activities, including those to the adjacent residences to the south and
north, will be analyzed using vibration data provided by the Federal Transit Administration (FTA) for different
pieces of construction equipment.
During operation of the Project, noise would be generated from vehicle trips traveling to and from the Project
Site. As such, the noise assessment will conduct traffic noise modeling using the FHWA Traffic Noise Model
methodology to estimate the future traffic noise levels on the nearby roadways to the Project Site to evaluate
the noise impact on the existing land uses located in the Project Site vicinity. ESA will use the Project's Traffic
Study regarding roadway segment or roadway intersection traffic volumes. ESA will also evaluate stationary
noise such as mechanical equipment (e.g., heating, ventilation, and air conditioning [HVAC] equipment,
emergency generator, etc.) and truck loading/unloading activity associated with the proposed on -site uses, if
included in the project design.
ESA will evaluate potential cumulative impacts on noise and vibration in the Noise and Vibration Technical
Study. The analysis will review the cumulative projects in the vicinity of the Project Site, including potential
overlapping construction from any nearby related projects. ESA will also model cumulative plus project traffic
noise based on the project's cumulative traffic data in the transportation analysis.
For the purposes of this scope of work, it is assumed that no more than one project option (schedule) and one
build -out year will be analyzed in the Noise and Vibration Technical Report. Additional project options can be
analyzed under a separate scope and fee. As indicated in the Air Quality Technical Study scope above, ESA
Agreement No. 7138
Paul Samaras
October 17, 2024
Page 10
assumes that the Project Team will provide reasonably complete and comprehensive data regarding
construction and operations. This scope assumes that ESA will respond to one round of consolidated
comments from the Client on the Noise and Vibration Technical Report. It is assumed that only minor revisions
will be required in response to the comments received.
Traffic Study
ESA will conduct a peer review of the Traffic Study prepared by Kimley Horn dated August 2024. ESA will review
both the CEQA and non-CEQA analyses contained in the Traffic Study and will prepare a memorandum that
provides input regarding the adequacy of the Traffic Study and any recommendations or issues identified
during the review. If revisions are necessary, ESA will review the revised document to ensure comments have
been addressed.
Task 3: Prepare Class 32 Categorical Exemption
Completion of this task is premised on our assumption that the Project will meet the requirements for a Class
32 Exemption pursuant to CEQA Guidelines Section 15332; that the findings of the technical reports will indicate
that the Project would not result in significant impacts requiring implementation of mitigation measures; and,
that none of the previously -listed exceptions pursuant to CEQA Guidelines Section 15300.2 precluding
completion of a Class 32 Categorical Exemption apply to the Project.
Following completion of the technical reports and confirmation that none of the exceptions listed above apply
to the Project, ESA will proceed with preparation of a document that will support use of a Class 32 Categorical
Exemption. The memorandum to support a Class 32 Categorical Exemption will consist of the following:
• Introduction
• Project Description -The Project Description will include a description of the Project elements and site
plans.
• Description of Existing Site Conditions - This section will describe the existing site conditions.
• Consistency Analysis - This section will include evidence to support that the Project meets the
conditions cited in CEQA Guidelines Section 15332 to qualify for a Class 32 Categorical Exemption. ESA
will draw on its interdisciplinary in-house technical expertise and technical reports to provide a
complete and accurate assessment of the required environmental analyses. Technical issues to be
addressed by ESA and their associated scopes are described below.
Agreement No. 7138
Paul Samaras
October 17, 2024
Page 11
General Plan and Zoning Analysis. ESA will evaluate the Project with respect to its consistency
with the applicable General Plan designation and applicable General Plan policies as well as with
applicable zoning designation and regulations.
Development within City Limits. ESA will demonstrate that the Project occurs within the City
limits on a Project Site of no more than five acres substantially surrounded by urban uses. It is
anticipated this will be demonstrated through the use of maps of the Project Site and surrounding
areas as well as General Plan and zoning designations of the surrounding uses.
Habitat for Endangered, Rare or Threatened Species. ESA will evaluate the Project Site for any
on -site areas that could have value as habitat for endangered, rare or threatened species. It is
assumed that there are no sensitive biological species present onsite.
Traffic, Noise, Air Quality, Water Quality and Utilities Impacts. ESA will summarize the findings
of the Air Quality Technical Study and the Noise and Vibration Technical Study described above.
The studies will be included as attachments to the Class 32 Categorical Exemption.
With respect to traffic, ESAwill rely on the Traffic Study and additional information prepared by the
applicant's consultant, Kimley-Horn, to address the criteria set forth in the CEQA Guidelines
Appendix G (Environmental Checklist Form). Based on the Traffic Study prepared by Kimley-Horn
dated August 2024, using the City's VMT Guidelines screening thresholds, the Project would screen
out of the following criteria: local -servicing retail and map -based screening. ESA assumes, if
necessary, the Project's trip generation rates and roadway segment traffic volumes will be updated
for use in ESA's noise technical report. In addition, ESA assumes that the necessary consistency
analysis with transportation with City program, plans, ordinances, and policies addressing the
circulation system, including transit, roadway, bicycle and pedestrian facilities will be prepared
with input from Kimley-Horn.
The water quality section of the CEQA documentation will provide an evaluation of the hydrology
and water quality criteria in the CEQA Guidelines Appendix G (Environmental Checklist Form). ESA
assumes that if technical information regarding water quality is needed, beyond the information
provided by the applicant and reliance on regulatory requirements, the Project's civil engineerwill
provide the necessary additional input.
With regard to Utilities, ESA assumes that the applicant will provide utilities information (water
demand/conservation and infrastructure, wastewater generation and conveyance capacity [i.e.,
sewer area study]) to support the impact a.nalyses.
Agreement No. 7138
J
Paul Samaras
October 17, 2024
Page 12
Analysis of Potential Exceptions. Although the Project may meet the above conditions for a Class
32 Categorical Exemption, there can be Exceptions, provided in CEQA Guidelines Section 15300.2,
that precludethe Projectfrom qualifyingfor an exemption. This analysis of Exceptions will be based
on readily available information, ESA's proposed technical reports listed above, and information
provided by the applicant, including an updated Phase 1 report. It is assumed that findings of no
significant impact regarding Exceptions will be supported without the need for in-depth analysis
beyond what is provided in the technical reports.
Conclusion
ESA will submit the draft technical studies to the City for review and anticipates one round of review of the ESA -
prepared technical reports and the memorandum supporting a Class 32 Categorical Exemption. ESA
anticipates that no new technical analysis will be required based on the City's comments. Upon incorporation
of City comments, ESA will resubmit the Class 32 Categorical Exemption package to the City for final review.
ESA has proposed an allowance for incorporating and responding to City comments, as the level of effort
required cannot be accurately predicted and actual costs could be higher or lower. Should actual costs be
lower, only actual costs will be billed. Should circumstances cause actual cost to exceed budgets for the
allowance items, additional authorization will be sought priorto exceeding approved budgets. ESAwill prepare
the Notice of Exemption (NOE) for the Project. ESA assumes the applicant will pay applicable fees and the City
will file the NOE with the County Clerk. ESA, as an authorized agentforthe City, will upload the NOE on CEQAnet.
Products
Draft Memorandum Supporting a Class 32 Categorical Exemption for City review (electronic)
Final Memorandum Supporting a Class 32 Categorical Exemption (electronic)
Notice of Exemption (electronic)
Task 4: Management, Meetings, and Coordination
The purpose of this task is to manage the ESA Project Team, coordinate the environmental document
preparation effort with the City, and maintain close communication between the ESA and the City. In addition,
time is included for discussions with the City regarding project design. This task is also intended to ensure that
the Project will be completed on time and within budget, and that all work products are of high quality and
meet the needs of the City. Accordingly, and as discussed in the Cost Estimate section below, ESA has assigned
an allowance for this task. The estimate for this task is based in part on the duration of the Project schedule
Agreement No. 7138
Paul Samaras
October 17, 2024
Page 13
and assumes four (4) calls with the City. Additional meetings will be attended on a time -and -materials basis at
the City's discretion. In addition, throughout the course of the Project, as -needed coordination with the City
may be required for technical input and to address questions or comments, particularly during preparation of
the exemption package. ESA will attend one Planning Commission hearing for the Project, if requested by the
City.
Sd' , dude
Completion of a CE will take approximately 4 months, assuming timely review of the documents by the City.
The table below provides a breakdown of the approximate timeframe by task. ESA will work closely with the
City to meet the schedule and will notify the City as soon as possible if issues arise that could extend the
schedule.
Project Kickoff and Project Description Month 1
Prepare Technical Studies Months 2-3
Prepare 1st Draft Categorical Exemption for City Review Months 2-3
City Review of Draft Categorical Exemption/Finalize Month 3-4
Based on our understanding of the Project and the Scope of Work provided for the Class 32 Categorical
Exemption in the previous sections, our estimated fee by task is provided in the table below. Fees and charges
will be billed on a monthly basis in accordance with ESA current Billing Rates and Expense Charges.
ESA reserves the right to transfer fees among line items, as budget flexibility is needed to respond to shifts in
effort that invariably occur due to unexpected circumstances. Should the need arise for additional professional
services beyond those set forth in the scope of services due to changes in the process or the regulatory
environment, ESA will request written authorization to proceed prior to the initiation of the additional services.
Factors triggering an increase in the scope of services and a revised fee may include, but are not necessarily
limited to: modifications in the Project after the Project Description has been drafted and analyses are
underway or completed; analysis of technical issues other than those identified in this scope of work; revisions
due to changes or inadequacies required in technical reports prepared by others; more City comments or
Agreement No. 7138
Paul Samaras
October 17, 2024
Page 14
meetings than contemplated; production of additional documents; or significant delays in the Project beyond
the control of ESA.
ESA cannot precisely indicate the level of effort and associated fees that will be required to incorporate City
revisions to the various iterations of the documents or the time and staff that will be required to attend
meetings and hearings. In these instances, we have proposed allowances for these tasks. In the event less effort
is required than provided forwith these allowances, ESAwill not billthe balances. Similarly, if these allowances
are notsufficient, ESAwill request additional authorization.
Task 1- Project Start -Up Activities and Prepare Project Description $3,440
Task 2 - Prepare Technical Reports
Air Quality $10,961
..._........... .............. .-...........-.....................
Cultural Resources $10,838
_..... ..... - _ .................... ........ ._
Noise $12,471
__...._. - .....................
Peer Review of Traffic Study $ 3,408
Task 3.1- Prepare Class 32 Categorical Exemption
._..........-..
$11,338
Task 3.2 .. -..
- Address City Comments/Finalize CE
$1,256a
Task 4 - Management, Meetings, and Coordination
__...._.....
$7,800a
........... _
Reimbursable Expenses
$1,500a
Total (without Optional Task)
$63,012
Optional Task 1- Quantitative Construction Health Risk Assessment
$10,427
Total (with Optional Task)
$73,439
a These values are allowances; actual costs could be higher or lower. Should actual costs be lower,
only actual costs will be billed. Should circumstances cause actual cost to exceed budgets for the
line items, additional authorization will besought prior to exceeding approved budgets.
The terms of this scope of work shall remain valid for sixty (60) days and subject to change after that time.
Should you have any questions, please feel free to contact Luci Hise-Fisher at (310) 266-8331. Thank you!!
Agreement No. 7138
Paul Samaras
October 17, 2024
Page 15
Sincerely,
Ruta K. Thomas
Southern California Regional Director
Attachment A - ESA 2024 Billing Rates and Expense Charges
Luci Hise-Fisher,AICP
Planner IV
Agreement No. 7138
II V III O n �i I II e I (f ta ,S d+V i" (Ice Assodates &
,r 2024 a,,,,,,,1 d � e' ,,,1 a de of
Fees
I. Personnel Category Rates
Charges will be made at the Category hourly rates set forth below for time spent on project
management, consultation or meetings related to the project, field work, report preparation
and review, travel time, etc. Time spent on projects in litigation, in depositions and providing
expert testimony will be charged at the Category rate times 1.5.
Senior Principal
Consultant
Principal Consultant
Managing Consultant
Senior Consultant
Associate Consultant
Consultant
Project Technician
$255
$282
$311
$341
$371
$401
$210
$238
$265
$293
$321
$349
$189
$211
$225
$256
$278
$300
$155
$171
$192
$212
$233
$253
$137
$151
$164
$177
$190
$203
$104
$117
$129
$143
$156
$169
$75
$97
$119
$142
$164
$186
(a) The range of rates shown for each staff category reflects ESA staff qualifications,
expertise and experience levels. These rate ranges allow our project managers to
assemble the best project teams to meet the unique project requirements and
client expectations for each opportunity.
(b) From time to time, ESA retains outside professional and technical labor on a
temporary basis to meet peak workload demands. Such contract labor may be
charged at regular Employee Category rates.
(c) ESA reserves the right to revise the Personnel Category Rates periodically to reflect
changes in its operating costs.
II. ESA Expenses
A. Travel Expenses
1. Transportation
a. Company vehicle —fixed rate + fee for mileage in excess of 100 miles.
b. Common carrier or car rental —actual expense multiplied by 1.10
c. If company vehicle is to be used in off -road conditions, a daily $15 use fee will
be added to the standard daily vehicle rate.
2. Lodging, meals and related travel expenses— direct expenses multiplied by 1.10
1
Agreement No. 7138
w
'a1�) ESA 2024 Schedule of Fees
B. Cloud -based Services
NEON=
Cloud -based Services
Nearmap High Resolution Images $55/image
ArcGIS Online Hosting (Web Maps/Apps) $225
Website Hosting $200
Custom Application & Services Hosting" $300'
Modeling (GeoHECRAS, TUFLOW, Delft3D) + Drone $7 $160 $950 $3,900
Processing
Aviation Environmental Design Tool (AEDT) $13 $190 $1,120 $4,600
Processing
'includes support for database, SSL, IT support— costs vary by project. Contact software development services for firm pricing.
C. Printing/Reproduction Rates
if a weekly or monthly rate is not provided, equipment usage is billed at a daily rate.
NMI,
Black & White — 8.5 x 11
$0.15
Black & White — 11 x 17
$0.30
Color— 8.5 x 11
$0.50
Color — 11 x 17
$0.80
B&W — Plotter (Toner — ECO Quality)
$0.50/sf
2436 B/W CAD drawing would
cost $3 per sheet
B&W — Plotter (Toner — Presentation
$1.25/sf
24x36 B/W CAD drawing would
Quality)
cost $7.50 per sheet
Color— Plotter (Inkjet — ECO Quality)
$2.50/sf
2436 Color Drawing would cost
$15 per sheet
Color— Plotter (Inkjet — Presentation
$5.00/sf
2406 Color Drawing would cost
Quality)
$30 per sheet
CD
$10.00
Digital Photography
$20.00 (up to 50 images)
All Other Items
At cost plus 10%
(including bindings and covers)
E
Agreement No. 7138
ESA 2024 Schedule of Fees
D. Equipment Rates
project Specific Equipment
Vehicles — Standard size (no off -road usage)
$ 100a
$ 500
Vehicles — 44 /Truck (light duty)
150
Vehicles — 44 /Truck (heavy duty)
175
Vehicles — ATV
150
Noise Meter
115
Hydroacoustic Noise Monitoring Equipment
175
Satellite Phone
15
70
Electrofisher -
350
1,750
Field Traps
50
Digital Hypsometer (Nikon)
25
Backpack Sprayer
30
360-Degree 4k Camera
35
175
High Resolution Time -Lapse Camera
20
100
Beach Seine
60
Otter Trawl
115
Wildlife Acoustics Bat Detector
125
400
Wildlife Trail Camera
30
100
Fiber Optic Endoscope
150
750
Spotting Scope
50
200
Topographic/Bathymetric Survey Equipment:
Total Station
300
UAV/Drone
300
1,500
RTK-GPS
300
RTK-GPS Smartnet Subscription
75
Hypack Survey Software
150
Laser/Auto Level
50
Single -Beam Echoshounder
150
600
Sidescan Sonar
200
1m GNSS Data Collection System
85
425
Sub -meter GNSS Data Collection System
115
Sub -foot Data Collection System
230
Garmin GPS or equivalent
30
Hydrologic Data Collection, Water Current, Level and Wave Measurement
Equipment
ISCO 2150 Area Velocity Flow Logger
$ 50
$ 300
SonTek IQ -Plus Area Velocity Flow Logger
100
500
Logging Rain Gage
10
50
Hand -Held Current Meter
50
Surface Velocity Radar
50
Wave Pressure Sensor
115
Wave Buoy
175
Sonic Wave Sensor
35
175
Logging Water Level - Pressure Transducer
Logging Barometric Pressure Logger
Well Probe / Water Level Meter
25
Bottom -Mounted Tripod / Mooring
30
150
Stormwater Crest Sampler
Water rituality Equipment
Logging Turbidimeter/Water Level Recorder
$
$
Logging Conductivity/Water Level Recorder
Recording Conductivity Meter w/Datalogger
20
60
Hand -Held Turbidimeter
50
200
Hand -Held Salinity Meter or pH meter
35
Logging Salinity Gauge
Logging DO/Temp Probe
Logging Water Quality Sonde 1 Sensor
50
200
Logging Water Quality Sonde 2 Sensor
65
250
Logging Water Quality Sonde 3 Sensor
75
300
250
350
1,700
$ 800
1,500
200
460
700
500
125
60
400
20
$ 400
250
200
150
150
700
800
900
3
Logging Water Quality Sonde 4 Sensor 90
Telemetry System Hardware
Water Quality Multi -Probe Depth Profiler 200
Niskin Water Sampler 50
ISCO 6712 Portable Sampler w/ISCO 2105 Module 60
Sedimentation I Oeotechnical Equipment:
Peat Corer
$ 85
601b Helly-Smith Bedload Sampler
200
Mini-Ponar Grab Sampler
50
DH-76 Suspended Sediment Sampler
100
D-96 Suspended Sediment Sampler
200
Bridge Crane
150
RSET
50
AMS Soil Sampling Kit
50
Hand -Held Helley-Smith Bedload Sampler
30
Guelph Permeameter
60
Sludge Sampler
60
Shear Strength Vane
60
Handheld DH-48 Suspended Sediment Sampler
30
- -
Boats:
Small Watercraft
$ 50
15'-17' Boat
350
20'-21' Boat
400
22'-25' Boat
500
Houseboat Floating Laboratory
a Actual project charges will include the daily rate plus $0.75 per beyond 100 miles
III. Subcontracts
Subcontract services will be invoiced at cost multiplied by 1.05.
Agreement No. 7138
ESA 2024 Schedule of Fees
350 1,000
125
350 900
$ 200
1,200
1,800
2,000
4,500
IV. Other
The fees above do not include sales tax. Any applicable or potential sales tax will be charged
when appropriate.
V. Payment Terms
Unless otherwise agreed in writing, ESA will submit invoices on a monthly basis. Any unpaid
balances shall draw interest at one and one half percent (1.5%) per month or the highest rate
allowed by law, whichever is lower, commencing thirty (30) days after date of invoice. All
invoices not contested in writing within fifteen (15) business days of receipt are deemed
accepted by Client as true and accurate and Client thereafter waives any objection to Clients
invoices, which are payable in full.
4
D202401204 PSA- ESA (EA 1325 7 0 3 114 o rt h
[���,)Cl .......... 1) v2 (1,1062024)
Final Audit Report 2024-11-06
Created: 2024-11-06
By: Annakaren Larriva (alarriva@esassoc.com)
Status: Signed
Transaction ID: CBJCHBCAABAA6nraLGRjR8FnUXeIGNML8nf771hibQy5
"D202401204_PSA - ESA (EA 1325 - 703 North PCH) v2 (11062
024)" History
Document created by Annakaren Larriva (alarriva@esassoc.com)
2024-11-06 - 5:54:51 PM GMT- IP address: 71.150.87.8
Document emailed to Ruta Thomas (rthomas@esassoc.com) for signature
2024-11-06 - 5:57:11 PM GMT
Email viewed by Ruta Thomas (rthomas@esassoc.com)
2024-11-06 - 7:06:53 PM GMT- IP address: 216.194.106.231
Ab Document e-signed by Ruta Thomas (rthomas@esassoc.com)
Signature Date: 2024-11-06 - 7:07:04 PM GMT - Time Source: server- IP address: 216.194.106.231
Agreement completed.
2024-11-06 - 7:07:04 PM GMT
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