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CONTRACT 4860 CLOSEDAgreement No. 4860 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF EL SEGUNDO AND ECO TIERRA CONSULTING, INC. This AGREEMENT is entered into this 1 st day of June, 2015, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and Eco Tierra Consulting, Inc., 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 forty nine thousand six hundred seventy dollars ($49,670) 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. 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 Agreement No. 4860 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 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. Page 2 of 11 6. KEY PERSONNEL. CA Agreement No. 4860 CONSULTANT's key personnel assigned to perform work under this Agreement and their level of responsibility are as follows: Name Craig Fajnor Jennifer Johnson Serine Ciandella, AICP Title/Resppnsibility _ Principal & Project Manager Environmental Planner Vice President - Traffic Company EcoTierra Consulting, Inc. EcoTierra Consulting, Inc. Kimley -Horn and Associates The resume of each of the individuals identified in this Section are attached to this Agreement in 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 June 1 st, 2015 to June 30, 2016. 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. Page 3 of 11 Agreement No. 4860 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. 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. Craig Fajnor will be assigned as Principal 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 Director. 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 Page 4 of 11 Agreement No. 4860 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. 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, and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives (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, except for such loss or damage arising from CITY's sole negligence, active negligence or willful misconduct. 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, to the extent resulting from CONSULTANT's negligence or other wrongful conduct, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence, active negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit Page 5 of 1 l Agreement No. 4860 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 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 Page 6 of 11 Agreement No. 4860 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 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 since $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 11 85 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 (3 0) 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). Page 7 of 11 Agreement No. 4860 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 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, AICP Planning Manager City of El Segundo Planning & Bldg Dept 350 Main Street El Segundo, CA 90245 -3813 Phone 310 524 -2340 kchristensen else >un&or CONSULTANT Craig Fajnor Principal EcoTierra Consulting, Inc. 555 W 50' Street, 3150 Floor Los Angeles, CA 90013 Phone: 213- 235 -4771 Craig, a ecotierraconsultin Y.coni 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 Page 8 of 11 Agreement No. 4860 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 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 Page 9 of 11 Agreement No. 4860 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. 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 Agreement No. 4860 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: 16 N�: David King, Assise5 ity Attorney ECOTIERRA CONSULTING, INC. Craig Fajn Principal chrris Zacuto Principal Taxpayer ID No. 27- 2828997 P:\Planning & Building Safety\0 Planning - Old\Consultant Ping Services\Environmental ConsultantsTcoTierraConsulting \EVA Airways\PSA Environmental Review Ecotierra EVA 12162014.doc Page 11 of 11 Agreement No. 4860 Exhibit A Agreement No. 4860 Kimberly Christensen, AICP City of El Segundo April 15, 2015 Page 11 Table 1 Cost Estimates for Campus El Segundo Proict Revisions (E"S"A 1 Environmental Documentation TASK STAFF HOURS RATE COST �...... _W Task A Prepare Addendum to Certified EIR ......... Prepare IS` DraftAddendum Craig Fajnor, Principal 40 $175.00 $7,000.00 Jennifer Johnson, Env. Planner 20 $130.00 $2,600.00 Revisions to Drafts to Incorporate City Comments Craig Fajnor, Principal 30 $175.00 $5,250.00 Jennifer Johnson, Env. Planner 30 $130.00 $3,900.00 Finalize Addendum Jennifer Johnson, Env. Planner 4 $130.00 $520.00 Task A -1 Prepare Traffic Analysis Information GatheringfProject Kickoff Kimley -Horn and Associates $1,500.00 Project Trip Generation and Summary Kimley -Horn and Associates Report $2,500.00 Evaluate Site Access /Circulation Kimley -Horn and Associates $2,500.00 Peer Review offComment on Parking Stud Kimley -Horn and Associates $3,500.00 Task B Public Hearings Hearings (2 hearings) Craig Fajnor, Principal 8 $175.00 $1,400.00 Kimley -Horn and Associates $2,500,00 is qqrr y p�r{ry �yy Direct Costs* $4,000,00 Optional Tasks Traffic Impact Study _ Kimley-I•lorn and Associates $:10,000.00 Trip Generation for a revised or alternate site plan Kimley -Horn and Associates $500.00 Intersection analysis for construction impacts (per intersection) Kimley -Horn and Associates $2,000.00 Subtotal $12,500.00 i *Direct Costs would be reimbursable upon provision of proper documentation. Kimberly Christensen, AICP City of El Segundo April 15, 2015 Page 13 ECOTIERRA CONSULTING, INC. FEE SCHEDULE 2015 HOURLY RATES • Principal • Project Manager • Landscape Architect • Environmental Planner • Assistant Planner • Graphics • Word Processing DIRECT EXPENSES Agreement No. 4860 $175.00 /hour $160.00 /hour $145.00 /hour $130.00 /hour $120.00 /hour $75.00 /hour $75.00 /hour Direct expenses, including but not limited to those items presented below, will be reimbursable upon provision of proper documentation: • Purchases of project- specific materials. • Reproduction, printing and photographic costs. • Postage, messenger and overnight mailing. • Other miscellaneous costs. Agreement No. 4860 Exhibit Scope O�f Services o Agreement No. 4860 April 15, 2015 Kimberly Christensen, AICP, Planning Manager Planning & Building Safety Department City of El Segundo 350 Main Street El Segundo, CA 90245 -3813 RE: Revised Proposal to Prepare CECIA Documentation for modifications proposed by EVA Airways to the Campus El Segundo Development Dear Kim: EcoTierra Consulting, Inc. (EcoTierra), in conjunction with Kimley -Horn and Associates, Inc., is pleased to submit this revised proposal to prepare environmental documentation for proposed modifications to the land use entitlements for the Campus El Segundo (formerly El Segundo Corporate Campus) Project proposed by EVA Airways (the Applicant). This proposal replaces our previous proposal dated August 7, 2014 in its entirety. As detailed further below, EcoTierra's services would include preparing an Addendum to the previously - certified Environmental Impact Report (EIR) for the El Segundo Corporate Campus Project (the Certified EIR). Our services would include preparing environmental analysis and documentation pursuant to the California Environmental Quality Act (CEQA) and City of El Segundo (City) environmental review procedures. The proposed staffing and resumes of proposed staff for this project are contained in Attachment A to this proposal. PROJECT UNDERSTANDING The Campus El Segundo Project (Project) is an approximately 2,175,000 square foot project on an approximately 46.5 acre site that was approved by the City in 2001. The Project site is bounded by Atwood Way and the elevated Metro Rail Green Line to the north, Douglas Street to the east, Mariposa Avenue to the south and Nash Street to the west. The Project allows development of a variety of primarily commercial land uses, including office, research and development, light industrial /manufacturing, laboratories, technology, telecommunications and web hosting facilities, hotel /conference center, retail, restaurant, service and recreational uses. Part of the approved development was previously constructed and is currently in operation. This includes office, retail and restaurant development located north of Maple Avenue, the Hyatt Place hotel on the southeast corner of Nash Street and Maple Avenue, and the City - operated soccer fields with associated parking lot and fire station located at the northeast corner of Nash Street and Mariposa Avenue. A previously approved creative office campus is presently under construction in the central portion of the Campus. The proposed revisions to the land use entitlements for the Project would provide for further changes in the proposed development of a remaining and currently vacant Campus El Segundo site located at the northeast corner of Nash Street and Campus Drive. 555 WU 5th Street, 31 st Floor, Los Angeles, CA 90013 213.235.4770 1 uau�irn Agreement No. 4860 Kimberly Christensen, AICP City of El Segundo April 15, 2015 Page 2 The Applicant is proposing to develop up to 185,000 square feet of corporate office space and private hotel for EVA employees on a 2.65 -acre site within Campus El Segundo. The proposed project would include 63,550 square feet of office floor area and 180 hotel guestrooms, and 269 parking spaces. This site was previously planned to accommodate two four - story, up to 193,258 square foot, buildings with a Floor Area Ratio (FAR) of 0.99:1, along with a three -story, 529 - space parking structure. The Applicant's proposal would represent development density that is lower than allowed by the existing approvals. A development agreement between the City and the applicant as part of the 2001 approval established a.m and p.m. peak hour trip caps that would limit the traffic impacts of the full Campus El Segundo project to the levels documented in the Certified EIR. SCOPE OF WORK The scope of work presented in this proposal assumes that preparation of an Addendum to the Certified EIR would be permitted under CEQA and CEQA Guidelines. This is a reasonable assumption in that the total development of the Project under the Applicant's proposed changes would be less than was analyzed in the Certified EIR and subsequent Addendum(s) to the Certified EIR. Accordingly, it is unlikely that the project changes as proposed would result in new significant impacts or substantial increase in the severity of previously identified impacts, as compared to the impacts that were disclosed in the Certified EIR. If new or substantially increased impacts were to be identified, preparation of a Supplemental /Subsequent EIR would be required. Peer review of a traffic analysis and parking supply analysis prepared by the project applicant and related to the revised use of this part of the Campus El Segundo site is proposed to ensure that the proposed changes to the existing approvals would not result in new significant impacts. The scope of work also assumes that the environmental document will only be required to address the effects of existing development and additional development as reflected in the Applicant's updated site plan. To the extent that additional development beyond these assumptions is required to be considered in the environmental analysis, the chances of meeting the requirements of CEQA and CEQA Guidelines related to preparation of an Addendum could conceivably diminish. Task A: Preparation of an Addendum to the Certified EIR EcoTierra will prepare a V Screencheck Draft Addendum to the Certified EIR in accordance with the requirements of CEQA and State CEQA Guidelines for review by the City. The Addendum will follow the format of the previous Addendums prepared for other projects in Campus El Segundo and elsewhere in the City, including the following sections: Introduction /Justification for Preparation of an Addendum, Original Project Description, Description of Proposed Modifications to the Project (including project modifications and changes in circumstances), Discretionary Actions and Environmental Analysis that compares the impacts of the Project as presently proposed to the analysis and conclusions of the Certified EIR. The analysis will rely primarily on the relative size of the proposed project revisions to the level of development permitted under the existing approvals, which is larger than the proposed project revisions. Agreement No. 4860 Kimberly Christensen, AICP City of El Segundo April 15, 2015 Page 3 Many of the impacts of the project that are directly related to project size will be determined to be less than the previous approval based on the size of the comparative projects alone. This analysis will be supplemented by the following traffic and parking peer review analysis to be prepared by Kimley -Horn and Associates. Kimley -Horn would undertake the following tasks to complete this analysis: Trip Generation Analysis A Trip Generation Analysis will be prepared to quantify the number of vehicle trips to and from the site. This will be compared to the approved trip generation and trip cap for the Corporate Campus Specific Plan, and will used by the City to determine whether or not a Traffic Impact Study or any other traffic analysis is required. • Obtain information from the applicant regarding the proposed uses, including the building square footage, number of units, site access, and any other information relevant to traffic analysis. • Prepare trip generation estimates for the proposed uses. Trip generation calculations will be prepared using the ITE Trip Generation Manual (9th Edition). Note: A trip generation analysis has been prepared by others for the applicant. This trip generation analysis will be reviewed for accuracy of calculations and appropriate use of trip generation rates and trip adjustments for internal capture and mode shift, and will be used, as appropriate as reference for the trip generation estimates. • Prepare a tabular summary of the project trip generation calculations, including a comparison of the project trips to the trips approved for the project site in the Corporate Campus Specific Plan. • Submit the results of the analysis to the City. • If the City determines that the results of the Trip Generation Analysis indicate that the project is consistent with the Corporate Campus Specific Plan and does not cause the site to exceed the trip cap, and that a Traffic Impact Study is not required, no further traffic analysis will be needed. • If, as a result of the Trip Generation Analysis, the City requires a Traffic Impact Study, or any other traffic analysis, the additional traffic tasks will be scoped and performed as additional services. Other Traffic Evaluation Tasks Evaluate the proposed site access, on -site circulation provisions for the project. • A separate Parking Study has been prepared by others for the applicant. Kimley -Horn will review the Parking Study, and provide a third party peer review of the study. The peer review will include review of one revised version of the study, which will be limited review of the revisions made to address KH comments. • Attendance at meetings and public hearings, as requested by the City. In addition to traffic, the Addendum will individually address each environmental issue previously addressed in the Certified EIR and document that no additional impacts or substantial increase in the severity of previously- identified impacts would occur. The document will be Agreement No. 4860 Kimberly Christensen, AICP City of El Segundo April 15, 2015 Page 4 structured to provide substantial evidence for the City to meet the requirements of CEQA and approve the Project on the basis of the information contained in the Certified EIR and the Addendum. The process for an Addendum would consist of: (1) preparing a 1st Screencheck Draft Addendum for review by the City; (2) revising the 1St Draft Addendum in response to City comments; (3) submitting the Screencheck Draft Addendum to the City for a second review; and (4) revising the Addendum in response to City staff comments as a final document for inclusion in the record that would be considered by the City's decision makers. Deliverables EcoTierra will provide electronic copies in Adobe Acrobat (pdf) and /or Microsoft Word format, of the first and subsequent Screencheck Draft Addendums to the City. EcoTierra will provide up to 20 hard copies, 40 CDs, one camera ready hard copy, one electronic copy in Adobe Acrobat (pdf) format, and one electronic copy in Microsoft Word (doc) format of the final Addendum to the City. Appendices to the Addendum will be provided in CD format only. Task B: Public Hearings Attendance at various public hearings will also be required as a part of the CEQA process associated with the Project. EcoTierra has estimated that two public hearings (one before the Planning Commission and one before the City Council) will be required. Additional meetings above this specified amount can be attended as needed on a time - and - materials basis, in accordance with our hourly rate schedule. Kimley -Horn will also attend the Planning Commission hearing and City Council meeting, unless their attendance is determined not to be necessary by the City. Tentative Schedule /Timeline of Deliverables A proposed schedule for completion of an Addendum to the Certified EIR is included in Attachment B to this proposal. This schedule would allow the completion of all analysis and documentation within 15 weeks of initiation of the project, allowing for two City reviews. Cost Estimate The cost estimate for completion of the environmental documentation set forth in this proposal is contained in Attachment C. As shown in Table 1, the core cost estimate for the preparation of an Addendum to the Certified EIR would be $36,320, not including optional tasks. Optional amounts are shown for: (1) peer review of any parking study or shared parking analysis prepared by the Applicant for the project; and (2) preparing a full traffic study, if required. With these costs added, the total not -to- exceed cost for the Addendum would be $49,820. Fees for professional services would be charged on a time - and - materials basis in accordance with our hourly rate schedules, as shown in Attachment D, for EcoTierra and Kimley -Horn. Our fee does not include technical sub - consultants hired by the applicant and /or City. Direct costs, such as document printing and publication, overnight mail, and messenger services, would be Agreement No. 4860 Kimberly Christensen, AICP City of El Segundo April 15, 2015 Page 5 reimbursable upon provision of proper documentation. Invoices will be submitted monthly reflecting work performed during the previous month. Should the scope of work increase or change, the consultant fee could exceed the total cost estimate amount. Such changes include, but are not limited to, the following: • Additional environmental impact categories added as a result of comments received from the public, governmental agencies and /or other interested parties during any review of the documentation. • Additional analysis required as a result of project modification or delays in receiving project materials. • Changes and /or modifications in State CEQA Guidelines or legislation. • Additional hours required to attend project meetings, public hearings or community meetings beyond that described in this proposal. • Any changes to assumptions and /or understandings contained herein regarding preparation of the environmental documentation as outlined herein. Such authorized additional services would be billed on a time and materials basis. We appreciate the opportunity to submit this proposal and look forward to working with you on this assignment. Please feel free to contact me at (213) 235 -4771 if you require any additional information regarding this proposal. Sincerely, EcoTierra Consulting, Inc. Craig Fajnor Principal Attachments Agreement No. 4860 Kimberly Christensen, AICP City of El Segundo April 15, 2015 Page 9 Campus El Segundo Project Revisions (EVA Airways) Tentative Schedule for Preparation of EIR Addendum TASK /PHASE TIME Task A: Prepare Addendum to Certified EIR Prepare 1s' Draft Traffic Study 8 weeks from final Project Description. _.. Prepare 1St Draft Addendum _ ............................. 1 week after completion of traffic study. City Review of 1-" Draft documents 2 weeks Revise 1St Draft Documents & submit to City 1 week City Review of 2" Draft documents 2 weeks Finalize Documentation 1 week Total Task A 15 weeks Task B: Public Hearings TBD TOTAL PROJECT 15 weeks to completion of environmental documentation Agreement No. 4860 Exhibit C Resurnes Agreement No. 4860 ECOTIERRA CRAIG FAJNOR / PRINCIPAL Experience Summary Mr. Craig Fajnor, Co- Founder and Principal of EcoTierra Consulting, inc,., has more than 30 years experience in government, including 22 years of experience in environmental planning and project management. Mr. Fajnor has served in a senior management position at various consulting firms for over 15 years and operated an independent consulting practice for more than four years. Mr. Fajnor specializes in urban projects and has managed large and complex projects in Los Angeles and throughout the Southern California region. Mr. Fajnor brings hands -on experience in all forms of environmental documentation which may be needed to meet the requirements of the California Environmental Quality Act and the National Environmental Policy Act. Education Background and Professional Affiliations • M.A. in Planning — University of Virginia • B.A. in Political Science — Duke University • American Planning Association (APA) • Former editor of The Dispatch, newsletter of the Los Angeles Section of APA Project Experience EIRs/EISs • w • 0 • • • • Anaheim Gateway Project (EIR) Ashland Chemical Distribution Center (EIR) Bradley Landfill and Recycling Center Master Plan (EIR) Chinatown Redevelopment Project (EIR Addendum) Downey Studios Mixed -Use Development Specific Plan (EIR) Grand Avenue Project (EIR Addendum) Harbor Gateway Center (EIR) Hollywood & Highland (EIR) Hollywood Redevelopment Plan (EIR) Hollywood and Vine (EIR Addendum Kinder - Morgan Tank Farm Projects (EIR) LAAFB Land Conveyance, Construction and Development Project (EIR /EIS) Metro Universal Project (EIR) 17 • North Hollywood Arts and Entertainment District (EIR /EIS) • Playa Vista Phase I (EIR) • Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development (EIR) • Santa Monica -UCLA Medical Center (EIR) • Staples Center (EIR) • UCLA University Village Expansion (EIR) • Universal City Specific Plan (EIR) • Valley Plaza /Laurel Plaza Redevelopment (EIR) • Wilshire Grand Redevelopment (EIR) Initial Studies /MNDs/EAs • California Hospital Medical Center Seismi Reconstruction (EA) • Sunquest Business Park AEdA • Wiseburn Scho Agreement No. 4860 /;W 'T' w, JENNIFER JOHNSON / PROJECT MANAGER Experience Summary Ms. Jennifer Johnson, a Project Manager for EcoTierra Consdi Bing, inc., has over 11 years of experience in land use analysis and preparation of environmental review documents pursuant to CEQA and NEPA. Ms. Johnson has assisted and managed projects involving the preparation of environmental documentation for both private and public sector clients, including: Environmental Assessments, Initial Studies, Negative Declarations, Mitigated Negative Declarations, Mitigation Monitoring Programs, Environmental Impact Reports, Focused Environmental Impact Reports, and Environmental Impact Statements. Ms. Johnson has been involved in numerous types of projects, including but not limited to, high- density residential projects, mixed -use projects, office projects, educational /institutional projects, and entertainment and sporting facility projects. 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 preparation of proposals. Education Background and Professional Affiliations • B.A. in Environmental Studies and Public Policy & Management - USC • Association of Environmental Professionals (AEP) • Los Angeles Chapter AEP 2006 Board Newsletter Editor • Los Angeles Chapter AEP 2004 Spring Conference Sponsor Chairperson Project Experience EIRs/EISs • Casden Sepulveda Project (EIR) • Chabad Expansion (EIR) • El Segundo Corporate Campus (EIR) • Hillcrest Christian School and Church West Expansion (EIR) • Hollywood Park Redevelopment Project (EIR) • LAAFB Land Conveyance, Construction, and Development Project (EIS /EIR) • Los Angeles Memorial Coliseum (EIR) • Metro Universal Project (EIR) • Museum of Tolerance (EIR) • Palisades Landmark Condominium Project (EIR) • Plan Amendment /Valley Plaza, and Laurel Plaza Development (EIR) • Playa Manchester (EIR) 20 • Santa Clarita Keystone (EIR) • Santa Monica College Madison Theater (EIR) • Self - Realization Fellowship Church Master Plan Revision (EIR) • The Grand Avenue Project (EIR) • Tierra Luna Specific Plan (EIR) • Viewpoint School Modernization Program (EIR) • Wilshire Boulevard Condominium Project (EIR) • Wilshire Grand Redevelopment Project (EIR) Initial Studies /MNDs/EAs Agreement No. 4860 " ,I'll : a a a.a k G.� i Serine A. Ciandella, AICP Professional Credentials ❖ Bachelor of Science, Mass Communications, Syracuse University ❖ American Institute of Certified Planners (AICP) ❖ American Planning Association ❖ Certificate, Transportation Demand Management, UCLA Extension - Public Policy Program, 1988 ❖ Institute of Transportation Engineers, Associate Member ❖ Orange County Traffic Engineering Council, Past President Special Qualifications •3 More than 24 years of experience in traffic modeling, transportation demand management, traffic impact analysis, and transit studies ❖ Experienced manager of demand modeling and forecasting for numerous transportation planning and parking projects •3 Extensive organizational and supervisory experience in complex data collection and analysis for transportation and parking studies Relevant Experience City of El Segundo Circulation Element / General Plan Update -- El Segundo, California — Kimley -Horn provided transportation planning services for the update of the City's Circulation Element. The primary focus of the effort was to update the future traffic projections using a sub -area model based on the Southern California Association of Governments regional modal. Kimley -Horn refined the regional model to, first reflect the current local street system and land uses, and also to reflect revised land use plans for ultimate build -out of the city as well as surrounding cities. The analysis evaluated varying densities of development in the downtown area, and provided technical analysis of a number of network alternatives, including converting Douglas and Nash Streets from a one -way couplet back to conventional two -way streets. All analyses and recommendations associated with the Circulation Element were developed consistent with the policies of all appropriate regional agencies and programs, including the Los Angeles County Metropolitan Transportation Authority (LACMTA), the South Coast Air Quality Management District (SCAQMD), and the California Department of Transportation (Caltrans). City of El Segundo — Numerous Traffic Studies — Project Manager — Kimley -Horn has prepared traffic studies for numerous projects in the City of El Segundo, including preparing the traffic analysis for the Traffic Impact Fee update, providing on -call peer review services to the City for traffic evaluations for the Plaza El Segundo project, and traffic impact studies for a number of other hotel, office, and data center projects. Kimley -Horn is currently working with the environmental team preparing the EIR for the Aquatics Center project, and with the team preparing the environmental documentation for the Imperial School site residential project. Agreement No. 4860 Serine Ciandella, continued Circulation Element, General Plan Update and EIR - Cypress, Cypress, CA – Project Manager. Responsible for preparing the technical analyses to update the Circulation Element of the City's General Plan. We developed a traffic analysis model to incorporate the impacts of land use changes associated with several alternatives, including analysis required for incorporation into the circulation section of the EIR for the General Plan Update. Analysis and recommendations were developed to be consistent with policies of all appropriate regional agencies and programs, including OCTA, South Coast Air Quality Management District (SCAQMD), OCEMA, and the Orange County Congestion Management Program (CMP). Project also involved extensive interaction with the City's Planning Department, and the Public Works Department, Costco Development, City of La Habra – Project Manager – Kimley -Horn prepared the EIR traffic impact study for the Costco store located at the intersection of La Habra Boulevard and Beach Boulevard in the City of La Habra. The study involved analysis of multiple intersections for several scenarios, and required in -depth coordination with Caltrans. The final traffic study included a separate HCM analysis of the Caltrans intersections, and a queuing analysis of the left -turn pockets on Beach Boulevard at the La Habra Boulevard intersection to address Caltrans' operational concerns. The project was strongly opposed by some area residents, specifically over concerns of neighborhood traffic intrusion. Kimley -Horn conducted a comprehensive evaluation of the existing level of cut - through traffic through two separate neighborhoods adjacent to the project site, and prepared a series of options for the residents to consider to prevent additional traffic cut - through as a result of the Costco project. Irvine Business Complex (IBC) Shuttle, Irvine, CA — Project Manager. Kimley -Horn conducted a survey of potential shuttle users to determine the viability of establishing a shuttle service for the Irvine Business Complex (IBC) in the City of Irvine. The survey measured the level of interest for shuttle service amongst employees and residents of the IBC, MetroLink riders, and employers in the IBC. Kimley -Horn also designed two shuttle routes which serviced the primary employment centers in the IBC, John Wayne Airport, the Jamboree MetroLink station, and retail and restaurant centers in and near the IBC. The shuttle route design included a commute period routing and timing, and a separate route and timing for the lunchtime period. Kimley -Horn also performed research into the operational characteristics of various shuttle vehicles that could be deployed as part of the shuttle network, and identified potential funding that may be available from federal, state, and local sources for the capital and operating costs of the shuttle system. The IBC shuttle service was initiated in 2008. Lakeshore Towers Parking Demand and Site Circulation Study, Irvine, CA – Project Manager. Kimley -Horn conducted a complex, data - intensive parking demand study for a 600,000- square- foot mixed -use development (office, health club, restaurant, and retail). The development is served by an 1,800- space, 7 -level parking structure, with card access for office employees, keypad access for valet, and ticket /pay access for visitors and customers. Kimley -Horn developed a data collection program that allowed us to identify the purpose, duration, and parking accumulation total for every vehicle parked in the structure, for every hour that the structure was in operation. Person -to- person surveys were conducted, with a delay of no greater than five seconds to the incoming parker, to determine purpose; and a numbered card system was used to determine parking duration. Agreement No. 4860 EM" WW4W and hc. Sedne Ciandella, continued A spreadsheet was then developed to automate the data compilation process. As result of the analysis, a parking variance was obtained, and on -site circulation improvements were identified and are currently being implemented. University Village / Orchard Park Specific Plan — Loma Linda, CA — Project Manager. Kimley- Horn prepared the Traffic Impact Study for the joint University Village / Orchard Park mixed -use project in the City of Loma Linda. The traffic study was prepared in accordance with the San Bernardino Congestion Management Program (CMP) requirements, and evaluated and identified project - related traffic impacts at 28 intersections, including several intersections in adjacent cities. The project actually consisted of two Specific Plans, owned and planned by two separate owners, but located side -by -side in the eastern portion of the City of Loma Linda. The University Village Specific Plan consisted of a mixed -use development of 1,700 dwelling units and 172,000 square feet of commercial use on 170 acres. The Orchard Park Specific Plan consisted of over 960,000 square feet of neighborhood and regional commercial, and 1,260 dwelling units on 138 acres. On -site roadways were designed to be continuous across and through the two project sites, including a traffic circle located on the boundary between the two projects, so that half the circle was in University Village, and the other half was in Orchard Park. The two specific plan areas were studied and cleared environmentally in one document. The traffic study evaluated the traffic - related impacts of each of the Specific Plans individually, and then cumulatively. Mitigation responsibility was also quantified individually for each project. Christ College (Concordia University) General Plan Amendment and Campus Master Plan, Irvine, CA — Project Manager. Kimley -Horn has provided transportation planning and traffic engineering services for the Christ College Irvine Master Plan Update campus (now known as Concordia University) since 1987. Along with evaluating the impact of building out the Campus Master Plan on internal campus property and converting outer parcels to residential tracts, Kimley -Horn efforts included a detailed campus -wide parking study, presentation of a parking management plan, preparation of an application for administrative relief for the campus master plan parking element, and adaptation of the Urban Land Institute (ULI) Shared Parking methodology to campus uses. Throughout the project, Kimley -Horn participated in an extensive community outreach program, to address the concerns of the adjacent residents, who were vigorously opposed to the project. Kimley -Horn attended numerous meetings and made presentations to a variety of community groups and Homeowners Associations, as well as public hearings of the Traffic Commission, Planning Commission, and City Council. Agreement No. 4860 [ � Ii '1 o 21,11 . ll Senne Ciandella, continued Traffic and Parking Study for South County Courthouse and Civic Center / Library Complex — Laguna Niguel Kimley -Horn prepared the traffic impact and parking analysis for the Environmental Impact Report (EIR) for the South County Courthouse Expansion project in the City of Laguna Niguel. The project was located on the site of the existing South County Courthouse, at the intersection of Alicia Parkway and Crown Valley Parkway in the City of Laguna Niguel. The project site contained the existing courthouse, which had four courtrooms; and the Laguna Niguel branch library. The proposed project had four components: 1.Courthouse: Expansion of the existing courthouse to provide 14 new courtrooms and re- use of the existing four courtrooms, for a total of 18 courtrooms when the project is complete. 2.City Hall: Relocation of the City of Laguna Niguel City Hall facilities from its current location in an industrial office park at La Paz Road and Shelley Road to a new 40,000 square -foot building on the project site. 3.Library: Expansion of the existing Laguna Niguel Library to provide an additional 3,050 square feet. 4. Office: Construction of a new 61,000- square -foot office building on the project site. The traffic study provided analysis of 28 intersections, and included a lunchtime analysis and a detailed analysis of pedestrian traffic at selected intersections, to address the impact of juror activity for the expanded courthouse. The study also included a parking analysis to evaluate the adequacy of the roposed parking supply for the site. Metro Red Line Extension — Mid City Segment — Los Angeles, California — Kimley -Horn prepared the traffic impact and parking analysis for the Environmental Impact Statement and Environmental Impact Report for the Mid -City Segment of the Metro Red Line Extension in the City of Los Angeles. The project involved preparing a detailed analysis of the traffic impacts of a number of rail alignments and station locations and configurations for the 3.5 -mile extension. The report included analysis of 27 intersections and 120 street segments, and a detailed evaluation of station -area parking, circulation, and drop -off areas. Teaching Experience: Cal State Long Beach: Guest lecturer on transportation planning for Masters Urban Planning course.