Loading...
CONTRACT 3934 Professional Services Agreement CLOSEDAgreement No. 1 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF EL SEGUNDO AND CHRISTOPHER JOSEPH AND ASSOCIATES This AGREEMENT is entered into this 9th day of March, 2009, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and Christopher Joseph and 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 ninety -nine thousand, seven hundred and sixty dollars ($99,760) 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 `B," which is incorporated herein. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. A 3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A ") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. Page 1 of 11 3934. 4. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT represents that CONSULTANT has i. Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT represents that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. C. Although CITY has a duty to the public to independently review any environmental document, including, without limitation a negative declaration or draft EIR, prepared by CONSULTANT, that duty to the public, or the breach thereof, will not relieve CONSULTANT of its duties under this Section or any representation provided by CONSULTANT in this Agreement. 6. KEY PERSONNEL. A. CONSULTANT's key personnel assigned to perform work under this Agreement and their level of responsibility are as follows: Page 2 of 11 3934... Mr. Craig Fajnor Principal -in- Charge Ms. Jennifer Johnson Project Manager Ms. Serine Ciandella Kimley -Horn Traffic Consultant B. The resume of each of the individuals identified in this Section are attached to this Agreement, collectively, as Exhibit "C," and incorporated by reference. C. In the event CITY objects to the continued involvement with this Agreement by any of the persons listed in this Section, CONSULTANT agrees that it will replace such persons with individuals that are agreed to by CITY. 7. TERM. The term of this Agreement will be from March 9, 2009, to March 1, 2010. 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 `B "; B. Termination as stated in Section 15. 8. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT furnishes proof of insurance as required by this Agreement; and B. CITY gives CONSULTANT a written Notice to Proceed. C. 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 CITY within forty -eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. CITY may, but is not required to, extend the completion time, when appropriate, for the completion of the contracted services. 10. 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. 11. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. Page 3 of 11 3934.,, 12. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 13. PROJECT COORDINATION AND SUPERVISION. A. Jennifer Johnson will be assigned as Project Manager and will be responsible for job performance, negotiations, contractual matters, and coordination with CITY's Project Manager. B. Masa Alkire will be assigned as CITY's Project Manager and will be personally in charge of and personally supervise or perform the technical execution of the Project on a day -to -day basis on behalf of CITY and will maintain direct communication with CONSULTANT's Project Manager. 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. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. 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. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. Page 4 of 11 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 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 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, including, without limitation, CITY's defense costs (including reasonable attorney's fees), 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. 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. 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. 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. However, should CONSULTANT's work, as contemplated by this Agreement, contain errors or omissions that results in an adverse ruling Page 5 of 11 3934 -* against CITY, CONSULTANT agrees to indemnify and hold CITY harmless to the extent provided for in Section 18(A)(i). B. For purposes of this section "CITY" includes CITY's officers, officials and employees, 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. A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. B. Upon inspection, CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements of this Section. CONSULTANT will be given a reasonable amount of time to implement said Page 6 of 11 3934 corrective measures. Failure of CONSULTANT to implement required corrective measures will result in immediate termination of this Agreement. C. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits (combined single) $1,000,000 $1,000,000 $1,000,000 Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Commercial General Liability policy 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 1185 or 88. 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. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). D. 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 maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated ( "extended insurance "). Such extended 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. E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance Page 7 of 11 4 • s evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, 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. 23. USE OF CONSULTANT. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 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: CITY Kimberly Christensen, Planning Manager City of El Segundo Planning & Bldg Dept 350 Main Street El Segundo, CA 90245 -3813 Fax: (310) 322 -4167 CONSULTANT Jennifer Johnson, Project Manager Christopher Joseph and Associates 523 W. 6t' Street, Suite 1134 Los Angeles, CA 90014 Fax: (213) 488 -1012 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. 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. 27. 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 Page 8 of 11 3934 • .. other party. There will be no incidental or other beneficiaries of any of CONSULTANT'S or CITY's obligations under this Agreement. 28. 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 or in the Federal District Court in the District of California in which Los Angeles County is located. 29. 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 are three (3) Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 30. 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: Budget; B. Exhibit B: Proposal for Services /Scope of Work; and C. Exhibit C: Resumes. 31. 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. 32. 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. 33. 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 city manager, or designee, may execute any such amendment on behalf of CITY. 34. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. Page 9 of 11 3934 • � 35. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 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. 37. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 38. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 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 a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. [Signatures on next page] Page 10 of 11 3934•..: IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. ASEGUNDO , er ATTEST: Cindy Mortesen, City Clerk APPROVED A O MARK D. HE By: Karl . Berger, A Jose , and Associates Craig Fajno Senior Vie PresW Paula Dobbins Chief Financial Officer Taxpayer ID No. 20 • � ;11141 City Attorney Page 11 of I 1 3934.;, Exhibit A Bu. dget Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 16 CAJA FEE SCHEDULE (Effective January 1, 2009) HOURLY RATES • Principal $310.00 /hour • Project Manager $260.00 /hour • Senior Environmental Planner $220.00 /hour • Environmental Planner $195.00 /hour • Associate Environmental Planner $180.00/hour • Assistant Environmental Planner $160.00 /hour • Research Assistant $150.00 /hour • Internet Research $95.00/hour • Graphics $95.00/hour • Word Processing $95.00/hour Note: Hourly rates may increase as much as 50 percent for work performed on evenings, weekends, and holidays. Table 3 Estimated Cost for IS /MND 4b GA L" pr Attend Kick -Off Meeting and _r I Task 1 I Conduct Site Visit 3 3 6 $1,228.50 Task 2 Review Existing Information 6 6 $864 Compile Background Data, Prepare Task 3 Project Description 6 6 $1,404 SUBTOTAL 9 3 6 18 $3.49650 Pre aratfon of Drat ISIMND Task 5, 6 Introduction 1 1 $144 Environmental Settin 6 6 $864 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 17 3934 • • "; 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Aesthetics /Visual Resources 24 24 $4,212 Agricultural Resources 1 1 $144 Air QualitY Analysis 24 24 $4,212 Biological Resources 1 1 $144 Cultural Resources 1 2 1 1 2 $288 Geology and Soils 16 16 $2,808 Hazards and Hazardous Materials 16 16 $2,808 H ydrology and Water Quality 8 8 $1,152 Land Use and Planning 16 16 $2,808 Mineral Resources 1 1 $144 Noise 16 16 $2,808 Population, Employment and Housing 6 6 $864 Public Services & Recreation 24 24 $3,456 Traffic and Transportation 16 16 $2,304 Utilities 16 16 $2,304 Or s./Pers. Consulted 1 1 $144 Finalize Administrative Drat IS 6 6 12 $2,268 Project Management 36 36 $8,424 Administrative 4 4 $342 Word Processing 8 8 $684 Graphics 14 14 $1,197 SUBTOTAL 42 112 89 4 8 14 269 $44,523 Task 7 Comments and Response 4 6 6 $2,853 Task 8 Final Initial Stud (and MMP) 8 8 1 $3,024 Task 9 CEQA Noticing 2 1 $468 Task 10 Meetings 5 9 3 12 $4,027.50 SUBTOTAL 5 9 3 12 $10,372.50 SUBTOTAL CAJA LABOR $58,392 EXPENSES Printing and Reproduction Notices OI, NOC, NOD $500 Fish and Game Filing Fee $1,993 Administrative Draft IS/MND $350 Draft IS /MND $3,000 Final IS/MND $2,000 Circulate NOI, NOC, Drat ISIMND, NOD, etc. $350 Graphics/Map GraphicsIMap Reproductions $125 Mailing/Courier Expenses $300 Travel Expenses/Misc. Materials $500 SUBTOTAL EXPENSES $9,118 TOTAL LABOR COSTS $67,510 Subconsultants Kimle -Horn and Associates, Inc. $32,250 TOTAL SUBCONSULTANT COST $32,250 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes 3934.., Exhibit B Scope Of Work CHRISTOPHER A. JOSEPH & ASSOCIATES F .. Environmental Planning and Research March 2, 2009 Kimberly Christensen, AICP Planning Manager City of El Segundo, Planning & Building Safety Department 350 Main Street El Segundo, CA 90245 -3813 RE: Proposal to Prepare an Initial Study/Mitigated Negative Declaration for the Boeing Selby Block Zone Change and General Plan Land Use Map Designation Amendment Dear Ms. Christensen: Christopher A. Joseph & Associates (CAJA) is pleased to present this proposal to provide environmental consulting services for the Boeing Selby Block Zone Change and General Plan Land Use Map Designation Amendment (the "Project ") in the City of El Segundo, California. The proposed consulting services addressed in this proposal would provide environmental documentation required to process the land use entitlements required for this Project. It is assumed that the City of El Segundo Planning and Building Safety Department will assume the role of Lead Agency for the purposes of the California Environmental Quality Act (CEQA). Based upon our discussions, and as detailed further below, CAJA's primary objective is to prepare an Initial Study (IS) to support a Mitigated Negative Declaration (MND), in compliance with CEQA and the City of El Segundo Planning and Building Safety Department's environmental review process. I. Introduction and Understanding of the Project 1.0 Project Location and Setting The Project site, which is comprised of 256,605 square feet, is located on the southeast corner of East Imperial Highway and North Sepulveda Boulevard and is bordered by East Imperial Highway and the Los Angeles International Airport (LAX) to the north, Selby Street to the east, Walnut Avenue to the south, and North Sepulveda Boulevard to the west. The Project Site is comprised of three lots with the following addresses: 900, 950, and 960 North Sepulveda Boulevard and 901 and 915 Selby Street. This area of El Segundo is characterized by dense urban development including a mix of commercial, office, manufacturing, and residential land uses. The Project site is comprised of the Boeing Company Satellite Systems, Inc. (BSS) facility and is currently developed with four structures totaling approximately 159,738 net square feet, 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info@cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 2 3 which include office, manufacturing, and warehouse uses (see Table 1). There is also a surface parking area. The 405 and 105 Freeways, as well as a network of major roadways including Sepulveda Boulevard and Imperial Highway, provides regional and local access within the Project vicinity. Table 1 Existing Uses Buildin g Use Lot Size Building Size Lot 1 Surface Parking Lot 14,474 square feet 0 Lot 2 Surface Parking Lot 10,000 square feet 0 Lot 3: S21 Building Office, Warehouse, and Storage 232,132 square feet _ 23,713 square feet Lot 3: S22 Building Office, Warehouse, and Storage 26,726 square feet Lot 3: S30 Building Manufacturing, Warehouse, and Storage 66,115 square feet Lot 3: S31 Building Manufacturing 43,184 square feet Total On -Site Develo ment 256,606 s uare feet 159,738 square feet The Project site is subject to the development regulations and policies set forth in the El Segundo General Plan and the Zoning Code (Title 15 of the El Segundo Municipal Code). The General Plan Land Use Map designates the Project site as General Commercial. The General Commercial designation permits all retail uses, including hotel uses, and major medical facilities, with a maximum floor area ratio (FAR) of 1:1. Office uses are not permitted unless they provide personal services (not exceeding 5,000 square feet). As designated in the Zoning Code the Project site is currently zoned General Commercial (C -3), which allows for general office (not exceeding 5,000 square feet), hotels /motels, medical - dental offices and facilities, public uses, recreational facilities, restaurants /cafes, and retail uses (excluding off site alcohol sales). The minimum required lot area is 10,000 square feet with a maximum building height of 200 hundred feet. Similar to the General Plan land use designation General Commercial, the maximum FAR under the C -3 zoning designation is 1:1. 2.0 Project Understanding As described in the Zone Change Application, submitted December 23, 2008 to the City of El Segundo Planning and Building Safety Department, Boeing is one of the largest employers in the City of El Segundo and has decided to maintain its satellite development operations in El Segundo. However, in order to meet the demands of the economy a zone change is required to convert existing buildings, such as the warehouse space currently allowed as legal non- 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info@cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 3 3934,r conforming, to office space in a manner consistent with the surrounding uses. Therefore, the Project, as proposed, would involve a zone change from General Commercial (C -3) to Corporate Office (CO) and a corresponding General Plan land use designation change from General Commercial to Corporate Office. The General Plan land use designation Corporate Office permits a mixture of office and food serving uses in single- tenant or multi- tenant buildings with limited retail uses permitted in the lobby area. Research and development uses are also permitted east of Sepulveda Boulevard. The maximum allowed FAR is 0.8:1. Approval and implementation of the proposed CO zone change would permit general office, medical - dental offices, public uses, recreational facilities, research and development uses, and restaurants /cafes. The minimum required lot area is 10,000 square feet with a maximum building height of 200 feet. Similar to the General Plan land use designation Corporate Office, the maximum FAR under the CO zoning designation is 0.8:1. The Project site would be developed with 185,231 square feet of new construction consisting mostly of office space, with limited storage and research space, which would be less square footage than the maximum allowed FAR under the CO zoning designation. The 0.8:1 FAR would allow for a total of 205,284 square feet of development on the Project site. The maximum proposed building height would be approximately 51 feet, which is also significantly less than the maximum allowed building height of 200 feet with the CO zoning designation. The adjoining surface parking areas would also be repaved and restriped as part of the Project. II. Scope of Work 1.0 Project Kick -off Craig Fajnor serving as the Principal -in- Charge and Jennifer Johnson serving as the Project Manager and other project team members (as needed) will attend a kick -off meeting with City staff. The purpose of the meeting is to: 1) introduce the Project Team to City staff; 2) collect all relevant reports and drawings (or identify relevant documents for copying); 3) discuss the desired format of the IS; 4) resolve issues regarding overall assumptions; 5) identify other key contacts at the City; and 6) discuss communication protocols. CAJA staff will also conduct a site visit to: 1) document in photographs the existing condition of the site and the surrounding area; 2) conduct a land use survey of surrounding uses; and 3) document existing major noise sources in the project vicinity. Item I Deliverables: Kick -off meeting agenda, kick -off meeting memorandum, and preliminary project description. 2.0 Review and Document the Environmental Baseline 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info@cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 4 3934. • . CAJA will review existing information and pertinent documentation to determine issues, findings, and problem resolutions that could be relevant to the CEQA document. A concerted effort will be made to utilize and incorporate existing data into the document as much as possible. CAJA's environmental baseline analysis will incorporate readily available studies that may be provided by the Team including, but not limited to, the RCRA Facility Investigation Work Plan and Addendum. CAJA's environmental baseline analysis will also incorporate past environmental documents provided by the Team including, but not limited to, a draft Initial Study Checklist. Because identification of the environmental baseline will be a critical element of the CEQA analysis of this project, it may be advisable for CAJA to meet with City staff to review the key assumptions in this analysis, if the City deems such a meeting necessary. This should be done before the environmental analysis of the Project commences. A major part of the documentation process involves coordination with various governmental agencies including, but not limited to, responsible agencies, public service and utility providers, and local community organizations. CAJA will identify the respective service and utility providers and initiate contact with agency representatives to coordinate agency involvement in the CEQA process. Analysis of the existing environmental setting is necessary in order to compare those conditions to any changes created and produced by the Project and to identify any significant environmental effects of the Project. For purposes of environmental analysis, the environmental setting is defined as the physical conditions in the affected area as they exist at the time the IS/MND. CAJA will prepare an existing conditions or environmental baseline database that will provide the foundation for the environmental setting section. The environmental conditions at the Project site will be researched and documented to establish an accurate environmental baseline to analyze the proposed Project. 3.0 Project Description CAJA will prepare a thorough project description for use in the IS/MND based upon information provided by the Applicant and Project team. CAJA will meet with the Applicant, the Project architect, and the Project team in a kickoff meeting to refine and finalize the project description and develop a mutual understanding of the approach. Additionally, the Project schedule and significance threshold criteria to be used in the IS/MND will be developed early in the process and will be discussed at this meeting. CAJA will gather and review existing environmental and planning documents and review the scopes of work of the consultants already hired or to be hired by the Applicant. The IS/MND must include a detailed project description based on the proposed plans and 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info@cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 5 3934 program information provided by the Applicant. This project description will be used by CAJA to determine the potential environmental effects of Project implementation and identify appropriate mitigation measures, if any are required. CAJA will assemble all pertinent data provided by the Applicant, the Lead Agency, and any other responsible agency essential for preparation of the IS/MND, as well as any other appropriate informational documents prepared for projects in the vicinity. To enable CAJA to proceed with this first task, the following information (to the extent available) should be provided by the Applicant to allow for a thorough project description, and to conduct the environmental analysis: • Recent aerial photos and site photos of the Project site in electronic format • Existing and proposed site plans • Information regarding the Project including: • Building elevations, sections, and heights • Access points • Construction schedule • Excavation and export estimates • Impervious surface (lot coverage plus paving area) • Landscape plans (if available) • Lighting plans (if available) • Grading plans (if available) • Geological and Soils Engineering Investigation Report (if available) • Drainage and Hydrology plans (if available) • Phase I Environmental Site Assessment (if available) • On -site and off -site roadway and other infrastructure improvements • Traffic Report 4.0 Focused Studies 4.1 Traffic Analysis This section will summarize the Project's traffic technical report that assesses the Project's effect on the existing and planned transportation network. Due to the importance of traffic issues, CAJA will carefully summarize the technical information from the traffic technical report to make it understandable to the public and that the information requested from key public agencies 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes . b • Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 6 is easily located. CAJA will also focus on ensuring that all impacts are properly identified as significant or not significant in relation to established significance thresholds, and recommend improvements to the circulation system. Kimley -Horn and Associates, Inc. will prepare a study that complies with the Los Angeles County Congestion Management Plan (CMP) and utilizes the Highway Capacity Manual (HCM) and the Intersection Capacity Utilization (ICU) for analyzing capacity. The following Scope of Services is based on the understanding of the Project issues and the study requirements of the City of El Segundo. The study will address the following conditions: • Existing Conditions • Opening Year o Without Project o With Project • Build -out Conditions o Without Project o With Project The study will evaluate Project impacts during the morning and evening peak hours on a typical weekday at up to eight (8) area intersections, to be agreed upon with City staff, and include State Highway analysis, in coordination with CALTRANS. The study will also provide an evaluation of the on -site circulation, project access, and compliance with the City's parking code requirements. Project Initiation • Obtain a complete project description and a to -scale copy of the project site plan, including • building and hardscape footprints; • square footages and uses of existing buildings; • square footages and proposed uses; • site layout showing all project driveways; • parking supply; • on -site vehicle flow lines; and • any other site features that will affect the flow of traffic into and out of the site. Traffic Impact Analysis 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info@cajaeir.com • Web www.cajaeir.com + Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes 393 4 a Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 7 • Collect current weekday morning and evening peak hour traffic count data for the study intersections. • Develop project trip generation estimates for the existing site uses and for the proposed site uses. Determine the net change in traffic generation that will result from the Project. • Develop trip distribution and assignment assumptions. Kimley -Horn and Associates, Inc. will submit trip generation and trip distribution assumptions to City staff and the Project team for concurrence prior to proceeding with the analysis. • Distribute the Project traffic to the surrounding street system. • Obtain approved and pending project information from the City of El Segundo and surrounding cities. Kimley -Horn and Associates, Inc. will start with the approved and pending project information compiled for recent studies prepared for other projects in the vicinity, and contact each city to confirm and update the information. • Develop Opening Year peak hour forecasts at the study intersections using approved annual growth rates. • Conduct intersection analysis for Opening Year Without Project conditions. • Add the Project's peak hour traffic to each study intersection, and conduct intersection analysis for Opening Year With Project conditions. Identify any Project impacts, and Project mitigation, if necessary. • Using the updated traffic model developed for the Circulation Element Update, develop peak hour forecasts for the study intersections. • Conduct analysis of Build -out conditions at the study intersections for Without and With Project conditions. • Identify any Project impacts, and project mitigation, if necessary. • Provide a discussion of and provide supporting data and analysis for CMP Compliance. • Develop a summary of Project parking requirements for the project, and provide a discussion of the adequacy of the proposed parking supply for the proposed site land use changes. • Evaluate the proposed site access and on -site circulation provisions. Item 4 deliverables: Kimley -Horn and Associates, Inc. will prepare one (1) copy of the draft report summarizing assumptions (including trip distribution, and assignment), methodologies, results and recommendations. Based on comments provided on the draft report, Kimley -Horn and Associates, Inc. will prepare up to five (5) copies of the final traffic impact reports. One round of comments is assumed in this fee proposal. Comments that require additional analysis which are not included in this scope of services will be considered extra services. Extra services will be charged at our standard rates as in the attached fee schedule. Kimley -Horn and 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 8 3" Associates, Inc. will assist in preparation of responses to traffic- related comments (up to 6 hours) and attend up to two project team meetings and two Public Hearings. 4.2 Air Quality Analysis CAJA will prepare an Air Quality Impact Analysis that addresses the Project's consistency with the Air Quality Management Plan (AQMP), contribution to existing air quality violations, and the exposure of persons to substantial pollutant concentrations. The analysis will follow the recommendations of the SCAQMD's CEQA Air Quality Handbook and will also incorporate information from the SCAQMD's Rules and Regulations. A quantitative discussion of the potential net increase in air quality emissions generated by the Project will be presented. This will include emissions associated with construction operations (i.e., construction equipment, fugitive dust, energy use, vehicle trips and architectural coatings) and long -term operational emissions (i.e., energy use, landscape maintenance, architectural coatings, consumer products, and vehicle trips). As recommended by SCAQMD, the impact analysis will include an assessment of the project's possible affect on local air quality (including localized carbon monoxide concentrations at sensitive receptor locations). Mitigation measures necessary to reduce or avoid any potential project - generated impacts to air quality will be identified and their performance quantified based on methodologies available from the SCAQMD and other sources. 4.3 Acoustical Analysis Construction noise levels will be forecasted and potential impacts will be evaluated utilizing information on the type of construction equipment that will be used, the amount of activity, and the distance that sensitive land uses are from the construction site. This proposal assumes that the Team will provide the time frames for completing Project construction and will review and approve a set of assumptions developed by CAJA with regard to the types of construction equipment that will be used at the project site. Operational noise levels generated by vehicular traffic associated with the proposed project along roadway segments in the project vicinity will be assessed based on data from the project's traffic study using the Federal Highway Administration Highway Noise Prediction Model (FHWA -RD- 77 -108), which calculates the average noise level at specific locations based on traffic volumes, average speeds, roadway geometry, and site environmental conditions. Future noise levels along these roadway segments will be compared to applicable City thresholds to determine whether traffic generated by the project causes a substantial increase in noise at noise - sensitive locations in the project vicinity. 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes 3934 g Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 9 4.4 Zone Change Analysis The Project, as proposed, would involve a zone change from General Commercial (C -3) to Corporate Office (CO) and a corresponding General Plan land use designation change from General Commercial to Corporate Office. The Project site would then be built out to the maximum allotted development under the CO zoning designation and the corresponding General Plan land use designation. CAJA will evaluate the Project for compliance and consistency with established plans, policies and regulations, including the City of El Segundo General Plan, and zoning code. The Land Use analysis will address the General Plan Amendment and the zone change; including a comparison of the C -3 zoning designation verses the CO zoning designation. A detailed table outlining the allotted maximum buildout in relation to the proposed zone change will be included in the Land Use analysis. Furthermore, the analysis will address compatibility of proposed uses with adjacent land uses and intensities of development with particular emphasis on the transition between the proposed land uses and adjacent existing land uses. 5.0 CEQA Initial Study /Assessment 5.1 Introduction The Introduction section of the Initial Study will include a narrative on the background of the Initial Study process, development of the Project and a short summation of the environmental review and project approval process. The Introduction section will also include an explanation of the requirements of CEQA, and the purposed and legislative authority of the Initial Study. 5.2 Environmental Checklist The Initial Study consists of a checklist which is used to identify areas where the Project could potentially result in environmental impacts as well as areas where the Project has no potential to result in impacts. CAJA will prepare a Screencheck Draft Initial Study for the Project utilizing the City's Initial Study Checklist form. 5.3 Environmental Analysis The Initial Study consists of a checklist that is used to identify areas where the project could potentially result in environmental impacts as well as areas where the proposed Project has no potential to result in impacts. CAJA will prepare an Administrative Draft Initial Study for the project utilizing the CEQA Appendix G Thresholds of Significance from the current version of 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 10 the CEQA Guidelines, as well as any Agency- approved Thresholds of Significance. The Initial Study will evaluate the potentially significant impacts of the Project as the Project relates to the 17 environmental topics in the Environmental Checklist Form of the CEQA Guidelines. The analysis in the Initial Study will consider information contained in existing technical reports and documents related to the Project, relevant regulations and polices, and other applicable information obtained through the research efforts of CAJA staff. The analysis will also incorporate the traffic study, which will be prepared by Kimley -Horn and Associates, Inc. 5.4 Initial Study Determination A clear, concise statement of the level of impact after the inclusion of mitigation measures (if required) will be presented. Impacts will be defined as either "significant," or "less than significant," thereby providing easy identification of those environmental effects. 5.5 Graphic Exhibits Graphics will be prepared to show, at a minimum, regional location, project location, site photos, and site plan. 5.6 Draft Initial Study CAJA will prepare a Screencheck IS /MND in accordance with the requirements of CEQA and State CEQA Guidelines for review by the Planning and Building Safety Department. The Screencheck IS/MND will contain all applicable environmental components required by CEQA, including Introduction, Background, Project Description /Characteristics/Phasing and Discretionary Approvals; Setting, Impacts (Project and Cumulative), Mitigation and Level of Significance After Mitigation; and Mandatory CEQA findings. The Screencheck IS/MND will be submitted to the Applicant for first review and comment, and then to the Lead Agency. Following the Lead Agency's review of the Screencheck Draft document, CAJA will revise the document based on a single consolidated set of comments received from the Lead Agency. If required, CAJA will meet with the Lead Agency to discuss the comments. In addition, CAJA will prepare and submit a draft version of the Notice of Intent (NOI) for review and approval by the Lead Agency. Upon approval of the Initial Study by the Lead Agency, CAJA will submit the Draft Initial Study/MND and NOI to the Lead Agency for review. CAJA will work with the Lead Agency to complete the Initial Study/MND in the most timely and efficient manner. Item S deliverables: One (1) hard copy and one PDF of Screencheck Draft Initial Study, One (1) hard copy and one PDF of "'check "check copy " of Draft Initial Study, and a Draft notice of Availability/ Notice of Intent. 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 11 6.0 Draft Initial Study Once the Lead Agency has received and approved the Draft IS/MND and NOI, CAJA staff will reproduce and circulate the document and NOI, as well as the Notice of Completion (NOC) to the State Clearinghouse. This proposal assumes that CAJA will prepare and complete all noticing required for the IS/MND. It is assumed that the Lead Agency will assist CAJA with the distribution list (including names and addresses) of all parties who should receive the Initial Study/MND and NOI. Item 6 deliverables: Twenty -two (22) copies of Draft Initial Study, One (1) camera -ready Original of Draft Initial Study, and twenty (20) CDs with electronic PDF version of Draft Initial Study, Graphics and Technical Appendices (including IS copies for State Clearinghouse which will include an Executive Summary attachment). 7.0 Comments and Responses During the public review period, CAJA will prepare responses to comments on the Draft IS/MND. Once we have reviewed the comments and prior to preparing the responses, we will present a strategy for the response document and will discuss that strategy with the Planning and Building Safety Department. The strategy will address the following types of issues: whether comments will be responded to individually or grouped by topic and subtopic; tracking system for cross referencing and ensuring that all comments are answered; and an approach to answering comments on issues that may be more philosophical than technical (such as the project objectives). CAJA's objectives for the response to comments are: (1) to be aggressive in assigning responsibilities to technical or legal members of the team in order to maintain the schedule and minimize later revisions; (2) to prepare a document that is well organized and usable by all parties, including the public; and (3) to thoroughly respond to all comments. Although the focus of the responses will be those comments that are truly subject to CEQA review, we will also endeavor to answer all questions informatively. Depending upon the level of comments submitted on the Draft IS/MND, preparation of the Final IS/MND could require approximately four weeks. Providing a budget estimate for responding to comments is difficult because it is not possible to predict the volume and nature of the comments at this time. Item 7 Deliverables: One (1) camera -ready original of Draft Comment and Responses and One (1) PDF version of Draft Comment and Responses. 8.0 Final Initial Study Following city staff review of responses to comments, CAJA will prepare a proposed Final IS/MND (Volume II), which will consist of comment letters and responses thereto with supporting appendices material; any modifications that may be needed to the Draft IS/MND 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info@cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP 3934' City of El Segundo March 2, 2009 Page 12 document (to be accomplished through preparation of an Errata document), if deemed necessary by the Lead Agency. Once the Draft Initial Study/Mitigated Negative Declaration is distributed, CAJA will prepare a Mitigation Monitoring Program (MMP) pursuant to California Public Resources Code Section 21081.6. The MMP is intended to ensure that required mitigation measures are implemented during project construction and operation to reduce potentially significant environmental impacts. The MMP will contain an inventory of mitigation measures, timing for implementation (e.g., prior to issuance of grading permits), the responsible staff or agency assigned to monitor the condition, and a compliance statement. The MMP will be provided to the Lead Agency for attachment to the agency's resolutions approving the IS/MND. Item 8 Deliverables: Ten (10) copies of Final Initial Study, One (1) Camera -Ready Original of Final Initial Study, One (1) CD with electronic PDF version of Final Initial Study, Graphics, and Technical Appendices, and One (1) CD of Final Initial Study, Graphics and Technical Appendices in Microsoft Word Format, 9.0 CEQA Notices Following completion of the 30 -day public review period, CAJA will informally respond to agency and public comments submitted on the Initial Study/MND. As previously discussed, the extent of work necessary to complete the Final Initial Study/MND is contingent upon the number and nature of public comments received after the Draft Initial Study/MND is circulated. In accordance with CEQA Guidelines Section 15075, CAJA will file the Notification of Determination (NOD) within five days of approving the Initial Study/MND and approving the project. Item 9 Deliverables: Notice of Determination. 10.0 Coordination of Environmental Review and Meeting Attendance CAJA will meet one (1) time with City staff to provide a written and oral progress report, resolve issues, review comments for the Final IS, and to receive necessary direction from City staff. CAJA will attend up to two (2) public hearings (Planning Commission and City Council) during the certification process. CAJA will assist in the preparation of materials, as needed, for the meetings including summaries, Microsoft PowerPoint presentations, environmental findings, and a final MMRP. In addition, the CAJA Project Manager and appropriate technical staff will present the findings of the Final EIR, answer technical questions regarding the Final EIR, and answer general questions regarding the environmental review process. 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 13 Item 10 Deliverables: One (1) meeting with staff and two (2) public hearings (Planning Commission, City Council). 11.0 Optional Tasks Should the scope of work increase or change, the Client understands that the consultant fee could exceed this amount. Such changes include, but are not limited to, the following: • Additional analysis of impact categories added as a result of comments received from the public, governmental agencies and/or other interested parties. • Additional analysis required as a result of Project modifications. • Changes and/or modifications in State CEQA requirements. • Attendance at public hearings or team meetings beyond that budgeted herein. III. Preliminary Project Schedule CAJA tentatively anticipates the first Screencheck IS/MND document can be completed and submitted to the project team for revision within four to six weeks after receipt of all pertinent project description materials or two weeks after receipt of the traffic study, whichever is later. After team review is complete, the document will be submitted to the City, which may require two weeks for staff to complete their review, depending upon the case backlog at the time the Draft IS/MND is submitted. After the document is approved for public circulation by the Lead Agency, a 30 -day public review period will occur. After the review period is complete, responses to comments will be prepared for any comments submitted regarding the Draft IS/MND and a Final IS/MND will be prepared. Depending upon the level of comments submitted on the Draft IS/MND, preparation of the Final IS/MND could require approximately four weeks. Table 2 provides CAJA's proposed schedule for the first Screencheck IS/MND for discussion purposes. CAJA tentatively anticipates the first Screencheck Initial Study can be completed and submitted to the project team within two months after receipt of all pertinent project description materials and completion of technical reports to be provided by the applicant. Our goals would be to have your project finished with the environmental clearance process and ready for the scheduling of public hearings sometime in the end of the 3`d quarter of 2009. 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma . Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 14 Table 2 Schedule for IS/MND X34 Task Schedule Kick -Off Meeting 1" Week of March Draft Project Description Two Weeks City Review of Draft Project Description One Week CAJA prepares Administrative Draft IS/ MND 4 to 6 Weeks City Review of Administrative Draft IS/MND 2 Weeks Printing and distribution of Public Review IS/MND 1 Week 30-day Public Review 30-days CAJA prepares Final IS/MND 4 Weeks City Review of Final IS/MND 2 Weeks Printing and distribution of Final IS/MND 1 Week Hearin (s) TBD Includes a site visit by CAJA staff. Assumes the ar is Anal sis is com fete. IV. Project Team Resumes and Summary of Qualifications Ms. Jennifer Johnson will serve as the Project Manager and would be the main point of contact for the Agency. Project management and administrative duties include ensuring quality and CEQA adequacy of all documentation prepared, as well as providing the day -to -day contact with the Agency. These efforts include maintaining a master schedule for the IS/MND preparation for all team members, designating tasks to junior staff members, monitoring of the budget, maintaining the project library and files, and weekly status reports to the Agency. Other key CAJA team members include Cristina Lowery, Assistant Environmental Planner, Terrance Wong, Senior Environmental Scientist, Riley Graetz, Research Assistant, and Sherrie Cruz, Senior Graphics Specialist. Staff resumes are attached for your review. V. Liability Insurance CAJA, at its sole cost and expense, maintains Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons directly or indirectly employed with the firm. CAJA also, at it is own cost and expense, maintains commercial general and automobile liability insurance for risks associated with projects. Limits for all insurance are set at one million dollars. CAJA agrees to indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents, and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including, without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability ") of every nature arising out of or in connection 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 15 with Consultant's performance of the Services or its failure to comply with any of its obligations contained in any said Agreement. VI. Budget Our invoices will include a status /progress report letting you know in the event we are nearing our estimated budget, and that it will likely be exceeded in the near future. Invoices will be submitted monthly reflecting work performed during the previous month. As shown in Table 3, based on previous experience for similar Projects in the City of El Segundo, our labor cost to complete the preparation of the Screencheck IS/MND is estimated to be $67,510 which includes a 10 percent discount on our normal hourly rates for a project of this type, owing to our longstanding relationship with the City. Our fee does not include technical sub - consultants hired by the Applicant. Kimley -Horn and Associates, Inc. has estimated a total budget of $32,250 (in addition to CAJA's cost estimate). Should the scope of work increase or change, the Client understands that the consultant fee could exceed this amount. Such changes include, but are not limited to, the following: • Additional analysis of impact categories added as a result of comments received from the public, governmental agencies and/or other interested parties. • Additional analysis required as a result of Project modifications. • Changes and/or modifications in State CEQA requirements. • Attendance at public hearings or team meetings beyond that budgeted herein. 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 16 CAJA FEE SCHEDULE (Effective January 1, 2009) HOURLY RATES • Principal • Project Manager • Senior Environmental Planner • Environmental Planner • Associate Environmental Planner • Assistant Environmental Planner • Research Assistant • Internet Research • Graphics • Word Processing $310.00 /hour $260.00 /hour $220.00 /hour $195.00 /hour $180.00 /hour $160.00 /hour $150.00 /hour $95.00/hour $95.001hour $95.00/hour Note: Hourly rates may increase as much as SO percent for work performed on evenings, weekends, and holidays. Table 3 Estimated Cost for IS/MND 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info@cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes 108 4 / i 1"5 .CF / � ;.� onscown" , . r < >,l ,/� '.� .� �� r G ✓ f �' / >R'/ 5d % ..,_f 11 MM .. .. .. . ,fs ' 9 .... ® Attend Meeting 1 ,.F y,. a y�`` AS 4 v . ,Y v 9 fir' s A A� Nk j Conduct ® ExistingInformatio. Compile Background Data, Prepare Project Description garation of Draft ISIMND I"troduction e En vironmental Setting_ 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info@cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 17 3934 . , - *, 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Aesthetics/Visual Resources 24 24 $4,212 Agricultural Resources 1 1 $144 Air Quality, Analysis 24 24 $4,212 Biolo ical Resources 1 1 $144 Cultural Resources 1 2 1 2 $288 Geology and Soils 16 16 $2,808 Hazards and Hazardous Materials 16 16 $2,808 Hydrology and Water Quality 8 8 $1,152 Land Use and Planning 16 16 $2,808 Mineral Resources 1 1 $144 Noise 16 16 $2,808 Population, Employment and Housing 6 6 $864 Public Services & Recreation 24 24 $3,456 Traffic and Transportation 16 16 $2,304 Utilities 16 16 $2,304 Orgs./Pers. Consulted 1 1 $144 Finalize Administrative Draft IS 6 6 12 $2,268 Project Management 36 1 36 $8,424 Administrative 4 4 $342 Word Processing 8 8 $684 Graphics 14 14 $1,197 SUBTOTAL 42 112 89 4 8 14 269 $44,523 Task 7 Comments and Response 4 6 6 $2,853 Task 8 Final Initial Stud (and MMP) 8 8 $3,024 Task 9 CEQA Noticing 2 $468 Task 10 Meetings 5 9 3 12 $4,027.50 SUBTOTAL 5 9 3 12 $10,372.50 SUBTOTAL CAJA LABOR $58,392 EXPENSES Printing and Reproduction Notices (NOI, NOC, NOD) $500 Fish and Game Filing Fee $1,993 Administrative Draft IS/MND $350 Draft IS /MND $3,000 Final IS/MND $2,000 Circulate NOI NOC Draft IS /MND NOD etc. $350 Graphics/Map GraphicsIMap Reproductions $125 Mailing/Courier Expenses $300 Travel Expenses/Misc. Materials $500 SUBTOTAL EXPENSES $9,118 TOTAL LABOR COSTS $67,510 Subconsultants Kimle -Horn and Associates, Inc. $32,250 TOTAL SUBCONSULTANT COST $32,250 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes Kimberly Christensen, AICP City of El Segundo March 2, 2009 Page 18 Please feel free to contact me if you have any questions or require any additional information regarding this proposal. My contact information is as follows: Jennifer K. Johnson, Project Manager 523 West 6"' Street, Suite 1134 Los Angeles, CA 90014 Phone: (213) 417 -4400 Fax: (213) 488 -1012 Direct: (661) 424 -9382 Email: jennifer.johnson @cajaeir.com If this proposal is acceptable to you, you may execute the signature line below and return one original to our office. We look forward to working with you on this Project. Sincerely, Christopher A. Joseph & Associates Approved as to Terms: Jennifer Johnson Signatory warrants that he /she Project Manager is authorized to provide binding commitment in this matter Attachment: Resumes 523 W. 6th Street, Suite 1134 • Los Angeles • CA 90014 Phone 213 417 -4400 • Fax 213 488 -1012 • E -mail info @cajaeir.com • Web www.cajaeir.com Los Angeles • Santa Clarita • Agoura Hills • Petaluma • Oakland • Mammoth Lakes 3 9 3 4 Exhibit C Resumes 39 3 .. . Experience Summary Ms. Jennifer Johnson is the Manager of Special Projects at CAJA. Ms. Johnson has over ten years of experience in land use analysis and in the preparation of environmental review documents pursuant to CEQA and NEPA. Since joining CAJA in September 1999, Ms. Johnson has assisted and managed projects involving the preparation of environmental documentation for both private and public sector clients, including: Environmental Assessments, project study reports, Initial Studies, Negative Declarations, Mitigated Negative Declarations, Mitigation Monitoring Programs, Environmental Impact Reports, Focused Environmental Impact Reports, and Environmental Impact Statements. Her responsibilities include the following: management of projects; project budgeting and scheduling; work product quality control; conducting research and writing various document sections; coordination with regulatory agencies and subcontractors; as well as preparing proposals. Project Experience • 9th and Flower, South Park Mixed -Use Development (EIR) • Civic Center /Metlox Development (EIR) • El Segundo Corporate Campus Project (EIR) • Hillcrest Christian School and Church West Expansion (EIR) • LAAFB Land Conveyance, Construction, and Development Project (EIS /EIR) • Laguna Beach Community /Senior (enter (EIR) • Los Banos College Campus Master Plan and the Merced College Campus Master Plan (EIR) • Malibu forge Lodge Bed & Breakfast (EIR) • Malibu Volley Inn and Spa (EIR) • Napa Valley College Master Plan (EIR) • Palisades Landmark Condominium Project (EIR) • Santa Clarito Keystone (EIR) • St. Regis (EIR) ■ Thomas Subdivision (EIR) ■ Viewpoint School Modernization Program (EIR) ■ Wilshire Boulevard Condominium Project (EIR) ■ 1133 South Hope Street (IS /MND) ■ 1233 W. 4th Street (IS /MND) • Amacon Hope Street (IS /MND) ■ Beverly Connection (IS /MND) • Capitol Records Campus Development (IS /EA) ■ Furamo Hotel Redevelopment Project (IS /MND) • Patriot Cahuenga 2775 Cahuenga Boulevard (IS /MND) ■ Panorama City Development (IS /MND) ■ Pierce Brothers Westwood Memorial Park (IS /MND) ■ Silverlake Red (or Development (IS /MND) ■ Vibiona Lofts (IS /MND) Educational Background. and Professional Affiliations • B.A. in Environmental Studies with an emphasis in Public Policy and Management- University of Southern California • Los Angeles Chapter AEP 2006 Board - Newsletter Editor • Association of Environmental Professionals (AEP) -AEP 2004 Spring Conference Sponsor Chairperson 3+ Experience Summary . Ms. Cristina Lowery is an Assistant Environmental Planner in the West Los Angeles office. Her responsibilities include writing environmental analyses for Initial Studies, Mitigated Negative Declarations, and Environmental Impact Reports as well as conducting various field tasks associated with preparation of such analyses, including land use surveys and site photography. Ms. Lowery also assists in the preparation, editing, production, and distribution of environmental documents. Ms. Lowery is a graduate of Loyola Marymount University. Project Experience ■ JSM Rivara (IS /MND) ■ 1SM San Marino (IS /MND) ■ 4900 Hollywood (EIR) ■ Tierra Luna Specific Plan (EIR) ■ The Lorenzo Project (EIR) ■ Playa Manchester Project (EIR) ■ 1601 & 1605 Vine Street Project (EIR) ■ Highland (enter (EIR) ■ Smart Energy Transport Systems (EIR) Educational . Backgro'und and ofessional. Affiliations ■ B.S. in Natural Science - Loyola Marymount University '. Lt �111 .It Y 2 )9 Experience Sununary Mr. Terrance Wong is a Senior Environmental Scientist who, with a specialization in air quality and noise analyzes, provides technical and analytical assistance in the preparation of various environmental documents pursuant to the CEQA and the NEPA, including ISs, MNDs, EAs, and EIRs. With over four years of experience in the preparation of CEQA /NEPA- related documents, Mr. Wong's diverse project experience includes environmental documentation for university growth planning, elementary /high - school, residential /commercial mixed use, industrial, hospital, sports facility, specific plan, and general plan projects. Prior to joining CAJA, Mr. Wong served as an Associate Scientist at EIP Associates and worked as part of the company's Air and Noise Group to expand services in air quality and noise analyzes through the use of the BEEST air dispersion modeling software and Federal Highway Administration's Traffic Noise Model (TNM) on EIR projects. Mr. Wong has a Bachelor's degree in Biology from the University of California, Los Angeles and a Master's degree in Environmental Studies from the University of Southern California, with an emphasis on environmental law and public policy. Project Experience ■ Santa Anita Park Specific Plan (EIR) ■ Perris Warehouse /Distribution Facility (EIR) ■ Lake Forest Opportunities Study General Plan Amendment (EIR) • San Gabriel Valley Boulevard Neighborhoods Sustainability Plan (EIR) • City of Long Beach Land Use and Mobility Elements Update (EIR) • Rose Bowl Stadium renovation (EIR) • Ontario Countryside Specific Plan (EIR) • Long Beach Marina Shores East Commercial Center (EIR) • Huntington Beach Pacific City (EIR) • UCR Long Range Development Plan 2003 Update (EIR) • Oakdale East F Street Corridor Specific Plan (EIR) • Corona General Plan Update (EIR) • Santa Monica Hornburg Jaguar Expansion (EIR) • Carson Terminal Expansion (EIR) • New Santa Monica Main Library (EIR) • Los Angeles Unified School District High School #5 (EIR) • Lynwood Unified School District (EIRs) ■ Agnes Elementary School (IS /MND) ■ Lugo Elementary School (IS /MND) • Orthopaedic Hospital Outpatient Clinic Building (EA) ■ Northern California Institute for Research and Education (EA) Educational 8 grou and Professio l .; i1_i t-JiLans • M.A. in Environmental Studies, concentration in Environmental law, Policy, and Management- University of Southern California • B.S. in Biology- University of California, Los Angeles 93 Mr. Riley Graetz is a Research Assistant in the Downtown Los Angeles office. He assists planners in the preparation, editing, and distribution of documents, in addition to conducting site visits and site photography. Mr. Graetz holds a Bachelor of Arts degree in Environmental Studies, as well as a minor in Spanish from the University of California, Santa Barbara. Project Experience ■ Casden Sepulveda (IS /EIR) ■ DS Ventures Playa Lagoon (IS /EIR) ■ 4900 Hollywood (EIR) ■ Normandie Terrace (EA) ■ 959 Seward (EA) Educational Background and Professional Affiliations • B.A. in Environmental Studies, University of California, Santa Barbara • American Planning Association (APA) • Association of Environmental Professionals (AEP) Experience Summary Ms. Sherrie Cruz is the Senior Graphics Specialist for CAJA's West Los Angeles office. She has over ten years of professional experience developing graphics for environmental documentation. She designs and produces presentation graphics in coordination with technical divisions to translate complex technical documentation into comprehensible illustrations. Educational Background and. Professional Affiliations ■ B.F.A.-University of Southern California ■ Associate of Arts, El Camino College F,