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CONTRACT 3849 CLOSED Agreement No.3 8 4 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF EL SEGUNDO AND RBF CONSULTING This AGREEMENT is entered into this 27th day of March, 2008, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("CITY") and RBF Consulting, 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 seventy four thousand eight hundred fifty seven dollars ($74,857) 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 accordance with generally accepted professional standards of care, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. 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 Page 1 of 11 3848 • .. . . billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 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 Page 2 of 11 AllillislilmmL-.., 3 8 4 9 and their level of responsibility are as follows: Mr. Glenn Lajoie, AICP Environmental Analysis/Project Management Ms. Stephanie Melton, REA Environmental Analysis Mr. Eddie Torres, INCE Air Quality/Noise Analysis Ms. Serine Ciandella, AICP, Kimley Traffic Analysis Horn And Associates 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 27, 2008, to March 1, 2009. 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 11131% 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, Page 3 of 11 3849 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. 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. Glenn LaJoie will be assigned as Project Manager and will be responsible for job performance, negotiations, contractual matters, and coordination with CITY's Project Manager. B. Kimberly Christensen 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 I(C). D. Should the Agreement be terminated pursuant to this Section, CITY may procure Page 4 of 11 38 4 9 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. 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 than Professional Services. 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. Page 5 of 11 3849 • '.`j 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 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 Page 6 of 11 AMMOMMOMM-1 3849 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 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: TvDe of Insurance Limits (combined sinale) Commercial general liability: $1,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of 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 I (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 Page 7 of 11 4 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 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 CONSULTANT Kimberly Christensen, AICP, Planning Manager Glenn La Joie, AICP, Vice President City of El Segundo Planning &Bldg Dept RBF Consulting 350 Main Street 14725 Alton Parkway El Segundo, CA 90245-3813 Irvine, CA 92618-2027 Fax: (310) 322-4167 Fax: (949) 472-8373 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, Page 8 of 11 AlloomililmML—.., 3849 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 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/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. Page 9 of 11 3849 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. 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, subject to adherence to sound professional practices and procedures. 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 14 of 11 jmm�-.' 3 8 4 9 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OFjE,, S GUNDO, RBF Consulting Ja Wayt, Gary Arnmnst ng g City Vi P i V/anager Senior Vi Presi 110 u Michael J.Gary Executive Vice President A171EST: Taxpayer ID No. 95-2247293 Cindy M- esern, City Clerk APPROVED MARK D. H City mev By: /* K�/, l 1A. Berger, Assistan City Attorney P:\Planning & Building Safety\Consultant Ping Services\Environmental Consultants\RBF\ Equinix\2008.03.27.Prof Svcs Agmnt—Environmental Review—PBS.RBF.Equinix.doc Page 11 of 11 3849 . EXHIBIT A 3849 • .. ., City of EI Segundo Equinix Data Center-EA 784.445 N.Douglas Street Mitigated Negative Declaration IV, BUDGET Equinix Data Center Project Budget G.L. S.M. GrANVP Total RBF Klmley- Total TASK 2101 106 65 Hours Consulting Hom Cost 11.0 Project Kick-Off and Project Description 6 12 18 $2,532 12.0 Research and Investigation 4 4 $424 13.0 Focused Studies I 0 $0 1 3.1 Traffic,Circulation and Parking 0 $30,850 $30,850 1 3.2 Air Quality 0 $5,900 $5.900 1 3.3 Noise 0 $6,800 $6,800 14.0 Preparation of Initial Study/Environmental Checklist ( 0 $0 1 4.1 IntroductionI, 2 2 $212 1 4.2 Environmental Checklist I 41 4 1 ;424 1 4.3 Environmental Analysis 4 721 76 1 $8,472 1 4.4 Determination 1 j i 11 $106 1 4.5 Graphic Exhibits I 101 101 $650 16.0 Administrative Draft Initial Study 1 8 161 121 36J $4,156 16.0 Draft initial Studer 1 81 121 81 281 ; $3,472 17.0 Comments and Responses 1 616 121 $1,896 18.0 Final initial Study ( 41 41 41 121 $1,524 19.0 CEQA Notices + + 4' , 41 , $424 110.0 Mitigation Mon(toringi Program ( 1 61 11 81 1 1 $911 111.0 Mestinpa and Public Hearings I 14 141 281 1 $4,424 112.0 Project Management and CoordinationI 81 1 $1,680 (TOTAL HOURS 1 591 157' 35 2511 $12,7001 $30,8501 I"Percent of Total Labor CHours) 28.1%1 14811%71 53.8%1 1 1 (SUBTOTAL LABOR COSTS 1 $12,390 1 $16,642 $2,2751 1 I I $74,857 (TOTAL LABOR COSTS I $74,857 G.L.=Glenn Lajoie S.M.=Stephanie Melton GrA/WP=Graphic Artist/Work Processor Note: All work will be performed on a Time and Materials basis. The total budget includes all miscellaneous costs for travel/mileage,reproduction,raimburseables,telephone, postal,delivery,reference materials and incidental expenses. RBF will receive payment either on a percentage basis using milestones or by monthly billing,as determined by the Client. The RBF project manager reserves the right to make adjustments to staff allocations as necessary within the overall budget. JN 00-000300.10P • 12 • March 24,2008 38G9 . EXHIBIT B 3849 • . . REVISED PROPOSAL FOR CONSULTING SERVICES Equinix Data Center - EA 784 445 Na. Douglas Street Mitigated Negative Declaration • Prepared for: CITY OF EL SEGUNDO Submitted by: RBF CONSULTING March 24, 2008 _ � � � ~» x� w� Qty of El Segundo Equ|nix Data Center-EA7d4'445N.Douglas Street Mitigated Negative Declaration TABLE ����� m��������������m���� � ������=�� ����� C014TENTS ����� � �� |. Introduction and Understanding ofthe Project..................................................................1 1.1 Introduction............................ ...........................................................................—.1 1.2 Understanding of the Project---------------------------1 U. Scope ofWork...................................................................................................................2 1.0 Project Kick-Off and Project Description ...............................................................2 2.0 Research and | ---------------------------..2 3.0 Focused Studies....................................................................................................3 3.1 Traffic, Circulation and Parking .—.--------------------3 3-2 Air Quality.-------.—.—.----.......—...--.....----.-4 3.3 Noise ....................................... .................................................................5 4.O Preparation of Initial nxironmental Checklist.............................................7 4.1 Introduction..................................................................... ..........................7 4.2 Environmental Checklist............................................................................7 4.3 Environmental Analysis--------------------.-----.7 4,4 Determination -----------------_____________..8 4.5 Graphic Exhibits -----------------------------.8 5.0 Administrative Draft Initial Study............................................................................B 6.0 Draft Initial Study.......... ........................................................................................9 7.0 Comments and Responses---------------------------..G 8.0 Final Initial Study...................................................................................................S 9.0 CEQANotices.......................................................................................................B 10i0 Mitigation K8ondorh)o Program.............................................................................1O 11]0 Final Initial Study.................................................................................................10 12]] Project Management/Coordination......................................................................1O Ui Preliminary Project Schedule..........................................................................................11 K( Budget.............................................................................................................................12 JNOO-U003001UP 0i ° March 24. 2O0$ 384 9 . City of EI Segundo f r„ , Equinix Data Center—EA 784-445 N.Douglas Street Mitigated Negative Declaration 1. INTRODUCTION AND UNDERSTANDING OF THE PROJECT 1.1 INTRODUCTION RBF Consulting (RBF)has submitted this proposal to prepare an Initial Study and Mitigated Negative Declaration to assess potential impacts and identify mitigation measures for the Equinix Data Center Project in EI Segundo. The evaluation and associated work products will be prepared in accordance with the criteria, standards, and provisions of the California Environmental Quality Act (CEQA) of 1970, Section 21000 et. sec. of the State EIR Guidelines (California Administrative Code Section 15000), the City of EI Segundo Environmental Guidelines, and the regulations requirements and procedures of any other responsible public agency with jurisdiction by law. RBF will throughout the document, and where appropriate, relate the proposed project to the general trends in the City of EI Segundo and the surrounding area. 1.2 UNDERSTANDING OF THE PROJECT It is our understanding that the City of EI Segundo is seeking consulting services in order to prepare and process CEQA compliance documentation for the Equinix Data Center project. The proposal involves the renovation and expansion of the existing Douglas Technology Center, located on a 11.5-acre site,at the northwest corner of Douglas Street and Mariposa Avenue. The project would expand the existing building from 223,000 square feet to 314,288 square feet and from its current height of 43 feet to 52 feet. The project also includes an electrical substation. The proposed work program, as detailed in Section Il, Scope of Work, considers the preparation of an Initial Study as the supporting analysis for a Mitigated Negative Declaration. Should the supporting analysis conclude potentially significant impacts may not be mitigated, further consultations with City Staff will be required to confirm additional CEQA compliance. The project kick-off will confirm the project description, references, scheduling and site visit. The Initial Study will be prepared in accordance with the CEQA Guidelines Sections 15061, 15162, 16167 and 15168. Each topical area will be analyzed and significance of impacts will be concluded. Mitigation measures will be incorporated,as necessary. The work program includes the preparation of focused studies for traffic, air quality and noise. RBF will serve as an extension to staff to assure that the entire CEQA process is conducted in a comprehensive manner,which will include consideration of recent CEQA legislation and requirements of review agencies. The RBF project management team, led by Mr. Glenn Lajoie, AICP, and Ms. Stephanie Melton, will provide regular and consistent communications and updates to the City's project team on the progression of the work program and status of the analysis. The environmental review process will result in the presentation of the environmental/CEQA findings to the City decision makers for the determination of compliance with CEQA. JN 00-000300.10P • 1 March 24, 2008 3849 • City of El Segundo Equinix Data Center-EA 784-445 N.Douglas Street Mitigated Negative Declaration 11, SCOPE OF WORK The following Scope of Work has been prepared pursuant to the information received from the City. The cost estimate,which is itemized according to task and issue, is included in Section IV(Budget). A number of plans or studies will need to be prepared for the proposed project. RBF is assuming that the developer will provide the following plans or studies: • Site Plan (electronic file) • Grading Plan (electronic file) • Lighting Plan, if deemed necessary by the City • Photometric Analysis of Lighting Plan, if deemed necessary by the City • Landscape Plan • Water Quality Management Plan, if deemed necessary by the City • Hydrology and Drainage Analysis, if deemed necessary by the City • Water Quality Management Report, if deemed necessary by the City • Geology and Soils Analysis, if deemed necessary by the City The RBF Team has assumed that no modifications to the project description would occur after the development of the project description as part of Task 1.0. Any modifications to the project description after it has been approved by City Staff would constitute a change in the work program, and would require a modification to the scope and fee. Any modifications to the work program would be performed on a time and materials basis as extras to the contract. 1.0 PROJECT KICK-OFF AND PROJECT DESCRIPTION The work program will be initiated with a kick-off conference call with City representatives the week of March 17 to discuss the project features in greater detail. This initial discussion is vital to the success of the CEQA process and will be a key milestone in order to confirm the parameters of the analysis, project construction program, proposed buildout conditions, scheduling and overall communications. The project kick-off will be followed by a visit to the site and recording of on-site and adjacent land use conditions(refer to Task 2.0). Based upon the detailed project information obtained from the City on February 27, RBF will draft a preliminary project description for review and approval by City staff. Task 1.0 Deliverables: • Draft Project Description Final Project Description 2.0 RESEARCH AND INVESTIGATION RBF will evaluate the necessary information with respect to the proposed project. project research will include coordination with the City to acquire relevant environmental data, previous studies for the area and other available files, exhibits, maps, and reference documents. The initial investigation will include a site visit,review of existing land uses and environmental conditions,and a photographic recording of on-site and surrounding uses. JN 00-000300.10P • 2 • March 24,2008 38 4 9 J City of El Segundo Equinix Data Center—EA 784.445 N.Douglas Street Mitigated Negative Declaration 3.0 FOCUSED STUDIES 3.1 TRAFFIC, CIRCULATION AND PARKING Kimley-Horn and Associates(K-H)will prepare the traffic study for the proposed project. The study will address the following conditions: • Existing Conditions • Opening Year Without and With Project The study will evaluate project impacts during the morning and evening peak hours on a typical weekday at up to twelve area intersections, to be agreed upon with City staff. K-H will prepare a study that complies with the Los Angeles County Congestion Management Plan (CMP). The following Scope of Services is based on our understanding of the project issues and the study requirements of the City of El Segundo. Proiect Initiation. Obtain a complete project description and a to-scale copy of the project site plan, including building and hardscape footprints; square footage of new building areas; site layout showing all project driveways;parking supply;vehicle flow lines;and any other site features that will affect the flow of traffic into and out of the site. Traffic Imoact Analvsis. A traffic impact analysis will be prepared to support environmental documentation of the Equinix Data Center based on the following scope of work. • Obtain current weekday morning and evening peak hour traffic count data for the study intersections. Existing peak hour volumes will be gathered from previous studies, where appropriate. • Develop project trip generation estimates for the proposed project, using the Institute of Transportation Engineers (ITE) Trip Generation (7th Edition). • Develop trip distribution and assignment assumptions. Note:Douglas Street currently runs one-way northbound,and Nash Street currently runs one-way southbound. The City plans to convert these streets back to two-way traffic operation in August 2008. Trip distribution and assignment at affected intersections will take this change into consideration. • Submit trip generation and trip distribution assumptions to City staff and the project team for concurrence. • Distribute the project traffic to the surrounding street system. We will consider changes to Douglas Street and Nash Street as previously mentioned. • Obtain approved and pending project information from the City of El Segundo and surrounding cities. • Develop Opening Year peak hour forecasts at the study intersections using approved annual growth rates. We will redistribute traffic for two-way operations on Douglas and Nash Streets based on existing traffic patterns and likely traffic movements. JN 00-000300.10P • 3 • March 24,2008 384 9 City of El Segundo Equinix Data Center-EA 784.445 N.Douglas Street Mitigated Negative Declaration • 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. • Provide a discussion of and supporting data and analysis for CMP Compliance, • Develop a summary of project parking requirements for the project. The City's Municipal Code does not have a parking requirement rate for a Data Center land use. Kimley-Horn and Associates, Inc.will work with the City to identify two comparable existing Data Center sites for parking surveys. We will collect existing parking demand at two similar sites for a total of 8 continuous hours per site during a typical working day. From the similar site survey,we will develop a recommended parking rate for the proposed Data Center. • Prepare an evaluation of the adequacy of the proposed parking supply for peak operating conditions. • Evaluate the proposed site access and on-site circulation provisions. • Prepare a stand-alone traffic study summarizing our analysis methodology,study findings, and recommendations. Proiect Meetinas/Public Hearings. Attend up to two project team meetings and one Public Hearing. Traffic SCODe AssumDtions. Traffic scope assumptions will be based on the following: • To-scale site plans and a complete project description, available on-site and off-site improvement plans,record drawings,and existing aerial photographs or topographic maps will be provided to Kimley-Horn. • Any changes or revisions to the site plan or project description once the analysis has begun will require additional or changed analysis,which will constitute additional services,and will require an adjustment to the project schedule and budget, • If issues not specifically listed here arise as a result of comments or concerns by citizens or City Staff,they will be evaluated as a separate work authorization, for a fee to be mutually agreed upon prior to initiating work. 3.2 AIR QUALITY RBF will prepare the air quality report for the proposed project. Existinq Conditions. The City of El Segundo is located within Source Receptor Area 3 within the South Coast Air Basin. RBF will describe the meteorological conditions and discuss ambient air monitoring data collected for the nearest monitoring station. A description of the regulatory framework relating to air quality(i.e., California Clean Air Act,Air Quality Management Plan, etc.) will also be provided. JN 00-000300.10P • 4 • March 24,2008 38 & 9 • City of El Segundo Equinix Data Center-EA 784.445 N.Douglas Street Mitigated Negative Declaration Construction-Related Emissions. Equipment exhaust and fugitive dust emissions resulting from construction activities will be quantified using URBEMIS2007. Based on landform/grading/ demolition/excavation data and assumptions provided by the project Applicant(i.e.,number/type of equipment needed for grading activities,project phasing,etc.),the analysis will estimate equipment exhaust emissions utilizing the latest emission factors as prescribed by the California Air Resources Board(CARE)and the EMFAC2007 and OFFROADS2007 models. Fugitive dust emissions will be quantified based upon the area to be graded per day. Construction pollutant emissions will be compared to SCAQMD thresholds and mitigation measures will be recommended to reduce the significance of emissions, where feasible. RBF will also qualitatively discuss naturally occurring asbestos impacts as they relate to the proposed construction activities. Lona-Term Emissions. RBF will quantify vehicular and area source emissions then provide a comparison to the SCAQMD thresholds of significance.The emissions will be quantitatively derived utilizing the EMFAC2007 and URBEMIS2007 models, Project consistency with regional air quality plans, including the 2007 Air Quality Management Plan for the South Coast Air Basin, will be evaluated. RBF will address cumulative air quality impacts based upon a list of cumulative projects supplied by the City. RBF will review the energy requirements for the project to determine any potential air quality impacts due to power generation. Additionally, RBF will review the plans and specifications for the SCE substation and on-site generators to determine if any specific recommendations will be required. RBF will additionally address global warming issues qualitatively as they pertain to the global warming initiative (Assembly Bill 32),which was signed into law by Governor Schwarzenegger on September 2006. 3.3 NOISE RBF will evaluate potential noise impacts of the proposed project, focusing on changes in noise levels in the project area due to traffic changes along area roadways, on-site stationary noise sources, and overall changes in ambient noise levels associated with increased human activity. Existina Conditions. RBF will review applicable State and City noise and land use compatibility criteria for the project area. Noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project sites. RBF will conduct a site visit along the project sites and at adjacent land uses. During the site visit, RBF will conduct short-term noise level measurements along the project area. Noise monitoring equipment will consist of a BrOel&Kjaer model 2250 sound level meter(SLM)equipped with Bruel & Kjaer pre-polarized freefield microphone. The results of the noise measurements will be post- processed and graphically illustrated with the Brael & Kjaer Noise Explorer software. The noise monitoring survey will be conducted at up to three separate locations to establish baseline noise levels in the project area. Noise recording lengths are anticipated to require approximately 10 minutes at each location.The noise measurements will evaluate noise exposure due to traffic while accounting for local topography,shielding from existing structures,and variations in travel speed. JN 00-000300.10P • 5 • March 24,2008 3849 City of El Segundo Equinix Data Center-EA 784.445 N.Douglas Street Mitigated Negative Declaration Construction-Related Noise. Construction would occur during implementation of the proposed project. Noise impacts from construction sources will be analyzed based on the equipment, length of a specific construction task,equipment power type(gasoline or diesel engine),horsepower,load factor,and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels(Lmax)and hourly equivalent continuous noise levels(Leq)and the frequency of occurrence at adjacent sensitive locations.Analysis requirements will be based on the sensitivity of the area and the Noise Ordinance specifications of the City of El Segundo. Stationary Noise Sources. Potential effects of existing off-site noise sources will be evaluated based on the City's land use compatibility standards. Compliance with applicable noise standards will be evaluated,with recommended mitigation measures included where appropriate. Stationary sources include those that may be associated loading docks,trash compactors, HVAC units, and the back up/emergency generators. RBF will also review the plans and specifications of the proposed SCE substation and on-site generators to ensure all stationary noise levels emanating from the facility comply with the City's Municipal Code. Traffic Noise. The proposed project is anticipated to generate new vehicular traffic trips from future growth. On-site and off-site noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108). The analysis will focus on noise impacts associated with the development of the proposed project. Model input data will include average daily traffic volumes, day/night percentages of autos, medium and heavy trucks, vehicle speeds,ground attenuation factors,and roadway widths. The 24-hour weighted Community Noise Equivalent Levels(CNEL)will be presented in a tabular format. Traffic parameters necessary for the model input will be obtained from the traffic study. Traffic noise perceived at the proposed data center will be assessed with FHWA's Traffic Noise Model(TNM)2.5. This scope assumes that architectural mitigation will not be developed(i.e.,window glazing specifications,soundwall design, etc.). Data Needs for the Air Qualitv and Noise Reoorts • Traffic Study that includes (Levels of Service, intersection ICU or V/C ratios, Peak Hour Turning Movements, Daily Trip Generation Rates, average daily traffic volumes, and methodology utilized for cumulative impacts); • Detailed narrative regarding proposed construction activities, equipment utilized, and phasing schedule; • Detailed project description that includes a narrative regarding on-site activities,daily truck deliveries, plans/specifications for the proposed SCE substation, specifications for the backup and emergency generators; and • Electronic site plan and grading plan. Task 3.0 Deliverables: • Traffic Impact Analysis • Air Quality Analysis • Noise Analysis JN 00-000300.10P • 6 • March 24,2008 3849 • • •.'� City of EI Segundo ,. Equinix Data Center—EA 784.445 N.Douglas Street Mitigated Negative Declaration 4.0 PREPARATION OF INITIAL STUDY/ENVIRONMENTAL CHECKLIST RBF will prepare an Initial Study in accordance with the City's Initial Study Checklist form and/or the most recent Environmental Checklist Form, as amended in the CEQA Guidelines. The Initial Study/Environmental Checklist will include detailed explanations of all checklist determinations and discussions of potential environmental impacts.The analysis shall be in accordance with Sections 15063, 15162, 15167, and 15168 of the CEQA Guidelines. The Initial Study/Environmental Checklist document will include the sections identified below. 4.1 INTRODUCTION This section will cite the environmental review requirements of the project, pursuant to CEQA and the City guidelines.The Introduction will include the project location,environmental setting,existing uses on-site and in the vicinity,the project description,project phasing,relevant background/history information for the General Plan, and zoning requirements. 4.2 ENVIRONMENTAL CHECKLIST This section is modeled after Appendix G, Environmental Checklist Form,of the CEQA Guidelines and will include a summary page of project information followed by an explanation of factors considered for potential impacts. The comprehensive El Segundo Initial Study/Environmental Checklist will be presented in a four column layout, identifying: 1)Potentially Significant Impacts,2) Less Than Significant Impacts Unless Mitigation Incorporated,3)Less than Significant Impacts,and 4) No Impacts. The section will provide a listing of documentation that will be Incorporated by Reference and notations for all references utilized for the determination. 4.3 ENVIRONMENTAL ANALYSIS The Environmental Analysis sections will provide vital supporting information for the conclusions rendered for the Environmental Checklist. This section will review the following issues: • Aesthetics, Light, and Glare: Short-term construction impacts and long-term visual impacts (i.e., visual character and views from adjacent areas) resulting from the project will be reviewed. • Agricultural Resources: The project area is not designated for agricultural production;thus, the Initial Study will confirm that there is no effect on farmland. • Air Quality: Short-term construction related and long-term air emission effects will be evaluated in accordance with the South Coast Air Quality Management District's criteria. The focused air quality study, referenced in Task 3.2 will be incorporated • Biological Resources: Given the developed nature of the project area and disturbed nature of the project site, no sensitive biological species or habitat is expected to occur on-site. On-site conditions will be confirmed. JN 00-000300.10P • 7 • March 24, 2008 9 Oil# City of El Segundo U11�R_ Equinix Data Center-EA 784-445 N.Douglas Street Mitigated Negative Declaration • Cultural Resources: The analysis will cite the provisions of CEQA Guidelines 15064.5 (Historical and Archaeological Resources). • Geology and Soils: The Initial Study will examine the construction affects, on-site and regional seismic conditions, exposure of people and structures to adverse seismic affects and soil characteristics (i.e., erosion, expansion, instability) associated with project implementation. • Hazards and Hazardous Materials: Analysis will review existing hazards and long-term hazard conditions, based upon existing references provided by the City. • Hydrology and Water Quality. Impacts to drainage and water quality will be reviewed. • Land Use and Relevant Planning: The project's consistency with the General Plan/Zoning designation will be noted. Compatibility with adjacent uses will be studied. • Mineral Resources: Analysis will note that there is no affect of the project upon mineral resources. 40 Noise: The results of the acoustical analysis, referenced in Task 3.3 will be incorporated. • Population: The analysis will address the potential for growth inducement. • Public Services: The affect on existing services including fire,law enforcement,solid waste management/disposal, educational, and recreational services will be studied. • Traffic and Parking: The results of the traffic impact study, referenced in Task 3.1 will be incorporated. • Utilities: The affect on existing infrastructure will be evaluated, including water,electricity, gas, and wastewater. • Mandatory Findings of Significance: Focus on cumulative affects and considerations. This section will provide a detailed response to each question in the Environmental Checklist, as well as identify mitigation measures to reduce impacts to less than significant levels. R13F's approach to the analysis portion of the document is to provide thorough, detailed and conclusive impact analysis. 4.4 DETERMINATION The determination page will conclude the appropriate action based upon the Initial Study evaluation. 4.5 GRAPHIC EXHIBITS The environmental document will include a maximum of ten(10)exhibits to enhance the written text and clarify the proposed project and potential environmental impacts. Exhibits are anticipated to include: Regional Vicinity Map, Site Vicinity Map, Land Use Plan and Traffic Exhibits. JN 00-000300.10P • 8 • March 24,2008 3849 City of El Segundo Equinix Data Center-EA 784.445 N.Douglas Street Mitigated Negative Declaration 5.0 ADMINISTRATIVE DRAFT INITIAL STUDY RBF will submit the Draft Initial Study for review and comment by the City. RBF will also submit one (1)"check copy"of the final draft document which will incorporate one complete set of comments received from the City. Task 5.0 Deliverables: • 5 copies of Administrative Draft Initial Study • 5 copies of"Check Copy"of Draft Initial Study 6.0 DRAFT INITIAL STUDY RBF will submit the Draft Initial Study to the City, which will be distributed for public review. Task 6.0 Deliverables: • 5 copies of Draft Initial Study • I camera-ready original of Draft Initial Study • 35 CDs with electronic PDF version of Draft Initial Study, Graphics and Technical Appendices 7.0 COMMENTS AND RESPONSES After the close of the required public review period for the mitigated negative declaration,RBF, K-H and City Staff will review the comment letters received during the public review period and determine if it is necessary to produce written responses to the comments. RBF assumes 12 hours for this task. Should the level of comments/responses exceed this assumption, RBF will confer with City Staff to determine scope/budget amendments which may be necessary. Task 7.0 Deliverables: * 5 copies of Draft Comments and Responses 8.0 FINAL INITIAL STUDY RBF will submit the Final Initial Study to the City following Planning Commission adoption. Task 8.0 Dellverables: • 10 Copies of Final Initial Study • 1 Camera-Ready Original of Final Initial Study • I CID with electronic PDF version of Final Initial Study,Graphics,and Technical Appendices 9.0 CEQA NOTICES RBF will be responsible for the preparation and distribution of CEQA notices (Notice of Availability/Notice of Intent, Negative Declaration, and Notice of Determination). JN 00-000300.10P a 9 0 March 24,2008 4 9 City of El Segundo Equinix Data Center-EA 784-445 N.Douglas Street Mitigated Negative Declaration Assumption. RBF has assumed that City Staff will be responsible for public noticing to comply with City requirements, such as posting notices or newspaper notices. Task 9.0 Deliverables: Notice of Availability/Notice of Intent • Negative Declaration Notice of Determination 10.0 MITIGATION MONITORING PROGRAM RBF will prepare the mitigation monitoring program pursuant to Section 21081.6 of CEQA. RBF will submit a draft version for City review and will follow with a finalized mitigation monitoring program. Task 10.0 Deliverables: • I COPY of Draft Mitigation Monitoring Program • 1 Copy of Final Mitigation Monitoring Program • Electronic version of Final Mitigation Monitoring Program 11.0 MEETINGS AND PUBLIC HEARINGS RBF anticipates several meetings with City Staff, including progress meeting and public hearings. Mr. Lajoie, AICP, along with other key project team personnel, will also be available to attend meetings with affected jurisdictions,agencies, and organizations as needed to identify issues and assess impacts. RBF assumes that City Staff will arrange the public meetings and provide appropriate materials. For budgeting purposed,RBF has assumed four hours per staff member for progress meetings and six hours per staff member for public hearings. Should the City determine that additional meetings beyond the following three meetings and public hearings are necessary, services will be provided under a separate scope of work on a time and materials basis (preliminary estimate is $750 per meeting, for each RBF staff member in attendance). The following is an outline of anticipated meeting attendance needs. Task 11.0 Deliverables: • Two(2)meetings with City Staff to provide written and oral progress reports,resolve issues, review comments on documents, and receive any necessary direction from City Staff. • One (1) public hearing 12.0 PROJECT MANAGEMENT/COORDINATION Mr. Lajoie,AICP,will be responsible for management and supervision of the Project Team,as well as consultation with the City. Mr.Lajoie will coordinate with all technical staff,consultants,support staff and word processing toward the timely completion of the environmental document. Task 12.0 Deliverables: • Ongoing Project Coordination JN 00-000300.1013 • 10 • March 24, 2008 3 8 4 9 Fi City of El Segundo Equinix Data Center-EA 784.445 N.Douglas Street Mitigated Negative Declaration III. PRELIMINARY PROJECT SCHEDULE The following schedule is preliminary in nature and would be revised to meet both the City's desired timeline: Consultant Authorized to Begin Work March 31 Kick-Off Conference Call by April 4 Draft Project Description Preparation April 7 -11 City Review of Draft Project Description April 11 Traffic Study submitted to RBF April 25 Air Quality and Noise Studies prepared by RBF May 9 Administrative Draft Initial Study/MND to City Staff May 16 Administrative Draft Initial Study/MND returned by City to RBF May 30 Draft Initial Study/MND submitted to City June 13 30-Day Public Review June 26—July 25 Public Hearing TBD JN 00-000300.1013 0 11 9 March 24,2008 -3849 • , • City of EI Segundo - 1,14 Equinix Data Center-EA 784-445 N.Douglas Street Mitigated Negative Declaration IV. BUDGET Equinix Hata Center Project Budget G.L. S.M. GrA/WP Total RBF Kimley- Total TASK 210 106 65 Hours Consulting Hom Cost 11.0 Project Kick-Off and Project Description 6 12 18 $2,532 12.0 Research and Investigation 4 4 $424 13.0 Focused Studies 0 $0 3.1 Traffic.Circulation and Parking 0 $30.850 $30.850 3.2 Air Quality 0 §5.900 $5.900 3.3 Noise 0 $6,800 $6,800 4.0 Preparation of Initial Study/Environmental Checklist 0 $0 4.1 'Introduction 2 2 $212 4.2 Environmental Checklist 4 4 $424 4.3 Environmental Analysis 4 72 76 $8,472 4.4 Determination 1 1 $106 4.5 Graphic Exhibits 10 10 $650 �5.0 Administrative Draft Initial Study 8 16 12 36 $4,156 6.0 Draft Initial Study 8 12 8 28 $3,472 17.0 Comments and Responses 6 6 12 $1,896 18.0 Final Initial Study 4 4' 4 12 $1,524 9.0 CEQA Notices 41 4 $424 10.0 Mitigation Monitorinq Program 1 6 1 8 $911 11.0 Meetings and Public Hearings 14 141 28 $4,424 112.0 Project Management and Coordination 8 j 8 $1,680 (TOTAL HOURS 59 1571 35 251 $12,700 $30,850 I"Percent of Total Labor CHours) 28.1% 148.1%I 53.8% ISUBTOTAL LABOR COSTS $12,390 $16,6421 $2,275 $74,857 1TOTAL LABOR COSTS $74,857 G.L=Glenn Lajoie S.M.=Stephanie Melton GrANVP=Graphic Artist(Work Processor Note: All work will be performed on a Time and Materials basis. The total budget includes all miscellaneous casts for travel/mileage,reproduction,reimburseabies,telephone, postal,delivery,reference materials and incidental expenses. RBF will receive payment either on a percentage basis using milestones or by monthly billing,as determined by the Client. The RBF project manager reserves the right to make adjustments to staff allocations as necessary within the overall budget. JN 00-000300.10P • 12 • March 24, 2008 City of EI Segundo Equinix Data Center—EA 784.445 N.Douglas Street Mitigated Negative Declaration STATEMENT OF FINANCIAL CONDITIONS This proposal shall be valid for a period of 90 days. Progress billings will be forwarded based on payment criteria established by the City. These billings will include the fees earned for the billing period. The City shall make every reasonable effort to review invoices within fifteen (15)working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. The fees proposed herein shall apply until March 1, 2009. Due to annual increases in costs associated with inflation, staff wage increases and increases in direct costs, Consultant will increase those portions of the contract fee for which work must still be completed after March 1, 2009, by fifteen percent(15%). Deviations or modifications from the Scope of Work will result in potential re-evaluation of the associated fees. Items not sr)ecificaliv stated in the proposal will be considered an additional work item. All work will be performed at a "Not to Exceed" contract price, which will become the fixed price upon completion of negotiations with the City staff authorized to negotiate and agreement. The total budget includes all miscellaneous costs for travel/mileage, reproduction, telephone, postal, delivery, reference materials, and incidental expenses. The budget provides a breakdown of our estimated cost of performing the services described in this Scope of Services. Our Scope of Services and its associated cost are based on several key assumptions, including the following: 1. The budget is valid for up to six months from the date of submittal/opening, after which it may be subject to revision. 2. City will develop the mailing list for distribution of the MND and notices. The City will be responsible for newspaper cost of publication of notices,which will be billed directly to the City, so they are not included in the proposed budget. 3. Photocopy costs included in the proposal are for the specified number of copies of deliverables and reasonable incidental and in-team photocopying. if additional copies of deliverables are needed,they can be provided with an amendment to the proposed budget. 4. Review cycles for preliminary documents are presented in the scope of work. Additional review cycles or additional versions of administrative drafts are assumed to not be needed. 5. The proposed work addresses CEQA requirements of the proposed action. Work related to NEPA compliance, Section 404 compliance, or other permitting processes is not included (although these can be added,as needed,with a contract amendment). Work concludes at the acceptance by the City of the final deliverable. 6. The budget is based on completion of work within an agreed upon schedule. If substantial delay occurs,an amendment of the budget would be warranted to accommodate additional project management time and other costs. Substantial delay is normally defined as 90 days or more. JN 00-000300.101 • 13 • March 24,2008 34 9 . 1179• City of El Segundo 'M Equinix Data Center-EA 784.445 N.Douglas Street Mitigated Negative Declaration 7. Costs are included for the number of meetings specified in the scope of work. If additional meetings are needed, they can be included with an amendment of the budget. 8. The extent of public comment on an MIND is not predictable. The proposed budget includes a reasonable, preliminary estimate time to respond to comments. RBF will consult with the City after the valuation of the comments to determine if the preliminarily estimated budget is sufficient. An excessive amount of comments is generally considered to be more than twenty (20)commenting agencies/individuals and/or over 70 comments that require answers other than "Comment is noted." 9. Costs have been allocated to tasks to determine the total budget. RBF may reallocate costs among tasks, as needed, as long as the total budget is not exceeded. 10. Once the proposed project description,baseline,and alternatives are approved by the City for analysis in the Initial Study, it is assumed they will not change thereafter. If changes requiring revisions to analysis or rewriting of Initial Study information occur,an amendment of the budget would be warranted, 11. The CEQA statutes or guidelines may change during the course of this Study. If amendments require redoing work already performed or substantially increasing effort, a contract amendment may be warranted. JN 00-000300.10P 14 • March 24,2008 ..� ,4 A • s •/id EXHIBIT C 14 38 ' 9 City of El Segundo Statement of Qualifications for On-Call Environmental Review Services 5.0 PROJECT TEAM The following are brief background descriptions for the key professionals who would be responsible for preparing CEQA and NEPA compliance studies. Glenn Lajoie, AICP Project Assignment. Project ManagementlQA-QC Mr. Lajoie is the Environmental Planning Manager and oversees a team of 21 professionals in Irvine. Mr. Lajoie's primary responsibilities include oversight of daily operations, management of projects,staff mentoring and instruction,scheduling,and business development. With 20 years of practical experience, Mr. Lajoie is a recognized leader in CEQA and NEPA studies (EIR's, EIS's, Negative Declarations, Environmental Assessments), as well as other policy planning documents, including General Plans, Area Plans, Specific Plans, and due diligence studies. Projects have ranged from private entitlement applications related to residential and commercial projects as well as a variety of water, wastewater, highway, and, redevelopment projects throughout California. Project responsibilities include analysis, technical review and management of environmental and policy planning documentation for compliance with CEQA/NEPA, implementation of public participation programs, and assistance to various public and private sector clients in meeting the requirements of local, State, and Federal agencies. Relevant project management experience includes the North Downtown Lancaster Neighborhood Revitalization/Transit Village Plan and EIR/EA; the Long Point Coastal Development Plan EIR in Rancho Palos Verdes; the Hotel del Coronado Specific Plan EIR in Coronado; the Cambria Desalination Facility EIR; the Costa Mesa General Plan Update and EIR;the North Village Specific Plan Program EIR in Mammoth Lakes;the Marymount College Facilities Expansion EIR in Rancho Palos Verdes; the Grand Canal Entertainment Center EIR in Bakersfield;and the Escondido Performing Arts and Justice Center EIR in Escondido. Mr. Lajoie also oversees on-call environmental services assignments in Long Beach, Westminster and in Cambria. Mr. Lajoie is the Project Manager for a current EIR in Long Beach involving projects within the Downtown and Central Long Beach Redevelopment Plan areas and recently served as Project Director for the recent Beverly Hills Gardens and Montage Hotel EIR. Collette L. Morse,AICP Project Assignment Project ManagementlQA-QC Collette Morse has a B.A. in Geography/Ecosystems from UCLA. She is directly responsible for the management, preparation and coordination of environmental studies prepared in accordance with the CEQA and NEPA. She has been involved in the preparation of hundreds of environmental documents,including EIRs, Negative Declarations,and Environmental Assessments,for both public and private sector clients in her 20+ years of environmental planning experience. For the City of Santa Clarita,she has managed the Henry Mayo Newhall Memorial Hospital Master Plan EIR,Lyons Canyon Ranch EIR, UCLA Film and Television Archives MND, Soledad Village EIR, and the Mancara Residential Project EIR. She is currently working on or has recently completed the Beverly Hills Gardens and Montage Hotel EIR, Fox Plaza EIR(mixed use residential/commercial project)in Riverside, Redlands Malls Redevelopment Project EIR (mixed use project: 220 du, 220,000 sf retail), San Gabriel Center EIR (mixed use: 159 du, 18,000 sf retail), Alexan Pacific Grove MND (mixed use project: 280 luxury apartments and 4,200 square feet of retail)in Orange,Centerstone Specific Plan and Initial Study(33 du project)in Cypress,the Wicker Drive Specific Plan and Initial Study(42 du project)in Cypress, and the Grindlay/Orange Specific Plan and Initial Study(9 du and JN 00-000300.10P • 29 October 9,2007 J - 49 AWN, City of El Segundo Statement of Qualifications for On-Call Environmental Review Services office building project) in Cypress. In addition to her work at RBF, Ms. Morse presently serves as AICP Commissioner for Region VI,and recently served as Past-President on the CCAPA Board of Directors. Starla Hack Project Assignment: Project Manager/Senior Analyst Starla Hack graduated from the University of California, Riverside,with a Bachelor of Arts Degree in Business Economics and from California State Polytechnic University, Pomona with a Masters Degree in Urban and Regional Planning with specializations in Community Development and Environmental Planning. In her responsibilities as an environmental analyst,Ms.Hack is involved in the preparation and coordination of environmental studies/documents prepared in accordance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Ms. Hack has been involved in the preparation of numerous environmental documents that include Initial Studies, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments as well as other policy planning documents including General Plans and Specific Plans. Ms. Hack's relevant experience includes participation in the preparation of the Cerritos General Plan and EIR, Carson General Plan and EIR, Placentia General Plan and EIR and North Downtown Neighborhood Revitalization/Transit Village Plan EIR/EA and Dana Point Harbor Revitalization EIR. She is currently working on the Glendora General Plan Update, Lancaster Capital Residential Project and Lancaster Northeast Gateway Corridors Plan. Ms. Hack currently serves as the Project Analyst for a current EIR in Long Beach involving projects within the Downtown and Central Long Beach Redevelopment Plan areas. Rita Garcia Project Assignment Senior Environmental Analyst Rita Garcia graduated from California State Polytechnic University, Pomona, with a Bachelor of Science degree in Urban and Regional Planning. In her responsibilities as Senior Environmental Analyst, Ms. Garcia is involved in the preparation, daily monitoring and coordination of CEQA documents,ensuring their timely completion reflective of the highest standard of professional care. With over 12 years in the environmental field, Ms. Garcia has extensive experience with projects involving sensitive planning and environmental issues including land use compatibility, noise, traffic/circulation, and population/housing/employment. She has had significant involvement with environmental analyses of numerous large-scale program-level projects including the Long-Point Resort EIR which involves sensitive aesthetic,biological,cultural,geological and public health/safety issues, and the North Village 1999 Specific Plan Amendment EIR, which involved sensitive population, housing, public services/utilities issues. Her UCR experience includes the Pierce Hall Addition IS/MND and the Physical Science 1 Building IS/MND. Additional professional experience includes various large-scale EIR's such as the Robinson Ranch North Program EIR, the Alberhill/Lake Elsinore Sports and Entertainment Center Program EIR, the FedEx Distribution Center FEIR, the Hotel del Coronado Master Plan EIR, the Big Sky Ranch EIR, and the Route 101/Airport North Interchange EIR. Ms. Garcia will serve as the Project Coordinator/Senior Environmental Analyst for this project. JN 00-000300.10P • 30 • October 9,2007 4 9 City of El Segundo Statement of Qualifications for On-Call Environmental Review Services Eddie Torres Project Assignment Project Manager, Air/Noise Specialist Mr.Torres prepares Environmental and Planning studies for public and private sector clients under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Eddie draws on his background and understanding of environmental constraints to provide technical CEQA and NEPA compliance review and environmental documentation, in addition to research, analysis, and writing. Mr. Torres has been involved in a wide range of environmental planning projects,including environmental documents for major infrastructure and land development projects, air quality and noise studies, community participation programs, highly controversial hillside development projects, state-of-the-art visual analyses,facility siting and due diligence studies,and technical support for the California Energy Commission facility siting process. Mr. Torres has experience with noise monitoring using Type I rated instruments, as well as sophisticated noise modeling using FHWA-RD-77-108, SOUND2000 and Traffic Noise Model 2.0. Additionally, Mr. Torres has the ability to provide full range noise measurement spectragraphs utilizing the Larson Davis Data Noise Analysis software (DNA). Additionally, Mr. Torres provides air quality studies for virtually all of his CEQA/NEPA documents, having experience with 24-hour carbon monoxide monitoring (using digital and analog measurement systems), as well as pollutant modeling using URBEMIS2002, CALINE4,and EMFAC2002. Mr.Torres has the ability to implement a full analysis methodology per Environmental Protection Agency, California Air Resources Board, Air Pollution Control District/Air Quality Management District and Caltrans/FHWA guidelines. Richard Beck Project Assignment Regulatory As the Regulatory Manager at RBF, Mr. Beck focuses on due diligence planning activities. Mr.Beck has several years of experience with regulatory permit processing,which includes Sections 404 and 401 of the Clean Water Act(CWA), the California Porter-Cologne Act, Sections 1600-1616 of the California Fish and Game Code, and the California Coastal Act. Mr. Beck delineates State and Federal jurisdiction and acts as a liaison between public and private sector clients and regulatory agencies. Having dealt with numerous regulatory projects ranging in size from less than 1.0-acre to more than 1,600-acres, Mr. Beck is experienced with isolated drainages, wetlands, ephemeral drainages, coastal resources, and jurisdictional flood control facilities. As a key component of the regulatory process, Mr. Beck also assists in the preparation of environmental documents with respect to the California Environmental Quality Act(CEQA)and the National Environmental Policy Act (NEPA). Bob Matson Project Assignment Transportation and Circulation Mr. Matson has managed and prepared over 400 traffic impact studies for planning and environmental projects. He is a Board Member of Spectrumotion Transportation Management Association, and holds certificates in Fundamentals of Traffic Engineering, Congestion Mitigation, Managing Traffic Growth on Urban Streets, and Urban Street Design, all from the University of California Institute of Transportation Studies. Mr. Matson has prepared traffic impact studies for U.S. Navy San Mateo and Bayview Housing Projects, Multiplex Theatre and Restaurant (1,700 seats, City of Downey), Westpark Planned Community (3,800 units, City of Irvine), John Wayne Airport Expansion traffic impact monitoring, Newport Ridge Planned Community (2,500 homes in Newport Beach), El Sobrante Landfill Expansion (Riverside County), Mission Oaks Business Park JN 00-000300.10P • 31 • October 9,2007 4 9 City of El Segundo Statement of Qualifications for On-Call Environmental Review Services (Camarillo), Northwood Planned Community (3,000 units in Irvine), and Southern California Veterans Home(Barstow). Mr. Matson will prepare the traffic analysis for incorporation into the EIR. Rebecca Kinney, P.E. Project Assignment: Hydrology and Drainage Ms. Kinney has extensive experience in all phases of Army Corps of Engineers Planning Work, including, Project Study Plans,Reconnaissance and Feasibility Studies, 1135 work,and Section 206 work. In 1994, as an intem with the Army Corps of Engineers, Sacramento District, Ms. Kinney assisted in the development of a pilot 1135 project which investigated constructing fish groins along the Sacramento River. Ms. Kinney is also experienced in channel restoration design work including hydrologic and hydraulic modeling and PS&E work. Ms. Kinney has also served as a regulatory agent for the application of 404 Corps of Engineers,401 California Regional Water Quality Control Board,and 1601/1603 California of Department of Fish and Game permits. She received Welland Delineation training by the Wetland Training Institute. Her knowledge of both engineering and environmental requirements make her an asset to any multi-disciplinary team. SUBCONSULTANTS BONTERRA CONSULTING (subconsultant) BonTerra Consulting is an environmental planning and natural resources management corporation serving public and private sector clients throughout southern and central California. The three principals of the firm have over 56 years of collective, hands-on experience in environmental planning, impact assessment, natural resources management, and city and regional planning studies for local,state,and federal agencies and private-sector clients,including developers of new community, architects, engineers, universities, and aerospace, telecommunications, and waste management organizations. Typical project experience includes master-planned communities; parks, golf courses, and recreational facilities; entertainment theme parks; urban infrastructure systems such as transportation corridors,highways,and bridges,airports,landfills,material recovery facilities(MRFs), and wastewater and water supply facilities; and urban in-fill projects, including office complexes, mixed-use employment and retail business parks, and commercial/retail centers. BonTerra Consulting has the technical background,experience,and necessary permits to provide biological and cultural resource services for both public-and private-sector clients throughout southern and central California. Ecologists have the technical expertise to conduct sensitive- species surveys, resource agency permitting, biological assessments, and constraints analysis, CEQA and NEPA documentation, construction monitoring, and other biological services. D. SCOTT MAGORIEN, GEOLOGIST (subconsultant) For the past 25 years, Mr. Magorien has served as the principal geologic investigator for numerous projects throughout California. The scope of services to these cities involves the review of geologic/geotechnical consultants' reports from the standpoint of their adequacy in addressing issues associated with active faulting, slope stability/landslide mitigation, liquefaction analyses, impacts of proposed grading/landform modification on soil erosion,groundwater conditions,as well as other geologic hazards and geotechnical constraints. JN 00-000300,10P • 32 • October 9, 2007 ...20MM"M AM& City of El Segn'ndo 4 9 Statement of Qualifications for 1'W On-Call Environmental Review Services, KIMLEY-HORN ASSOCIATES (subconsultant) Kimley Horn and Associates, Inc. {K-H}is a transportation engineering and planning firm with over 1,000 employees in 41 offices nationwide, including our offices in Orange and Los Angeles, California. Because transportation planning has been the mainstay of Kimley Horn's practice for over 30 years,the firm has the hands on experience,qualified personnel,and technical resources to meet the needs of the City. On every project,K-H recognizes the need to respond with sensitivity to local issues, while making sound engineering decisions and recommendations. Transportation planning is a specialty at Kimley Horn. Key members of our staff have performed General Plan Update and Circulation Element services for cities throughout southern California. Kimley Horn has the capacity to develop comprehensive recommendations for the Circulation Element, to examine alternatives, and to present those alternatives to the public or to City decision makers. Kimley Horn was founded by experts in traffic engineering and transportation planning, and these disciplines continue to be at the cornerstone of our practice. Kimley Horn staff has provided a wide range of transportation and traffic services to hundreds of municipalities,counties,and states. Our range of services includes traffic impact analyses, urban and regional transportation planning, traffic signal warrant studies, traffic signal system design and implementation, signal synchronization, sign ing/stripin g and traffic control plans,and seeking innovative programs to obtain financing for transportation improvements. JN 00-000300.10P • 33 • October 9, 2007'