CONTRACT 4647B Amendment CLOSED Agreement No. 46476
SECOND AMENDMENT TO
AGREEMENT NO. 4647 BETWEEN
THE CITY OF EL SEGUNDO AND
ENVIRONMENTAL SCIENCE ASSOCIATES INC. (FORMERLY PCR SERVICES
CORPORATION)
THIS SECOND AMENDMENT ("Amendment") is made and entered into this aZ 7 day of
June, 2018, by and between CITY OF EL SEGUNDO, a California general law city and
municipal corporation ("CITY") and ENVIRONMENTAL SCIENCE ASSOCIATES INC., a
California corporation ("CONSULTANT").
1. Pursuant to Section 35 of Agreement No. 4647 ("Agreement"), Section 7 is amended
to read as follows:
"7. TERM. The term of this Agreement is from January 1, 2018 to December
31, 2018. 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."
2. Pursuant to Section 35 of Agreement No. 4647 ("Agreement"), CITY agrees to pay
CONSULTANT an additional amount of$51,150.00, resulting in a maximum not-to-
exceed grand total of $459,185.00 for the preparation of the Environmental Impact
Report (EIR) for the Continental Grand Campus Specific Plan. The additional
amount of$51,150.00 includes out-of-scope work necessary to complete the EIR. As
consideration, CONSULTANT agrees to perform the additional services listed in the
attached Exhibit"A".
3. This Amendment may be executed in any number of counterparts, each of which will
be an original, but all of which together constitutes one instrument executed on the
same date.
4, Except as modified by this Amendment, all other terms and conditions of the
Agreement remain the same.
[SIGNATURES ON FOLLOWING PAGE].
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Agreement No. 46476
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and
year first hereinabove written.
CITY OF EL SEGUNDO F,NVIItONMI�'N'I`AL SCIENCE ASSOCIATES INC.
a genera k1XV city, aCaliforrii, orporatioii
Greg C,a-lienter Jay Ziff,
11 iiageriger
City Director
ATTEST:
mm..............................................
Trz,cy Wetiver, Name,
City Clerk Title
Taxpayer ID No. 94-1698350
APPROVED AS TO FORM:
for
Mark D. Hensley,
City Attorney
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Agreement No. 46476
ExhibitA
Scope of Fork
And
a
ud et Ad ustoaent
3
Agreement No. 46478
233 Wilshire Boulevard ANO
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A Iln Suite 150
Santa Monica,CA 90401
N 310.451.4488 pp uI,.,IX,
310.451.5279 II'a w.
March 23, 2018
Mr. Eduardo Schomborn
Principal Planner
City of El Segundo
350 Main Street
El Segundo, CA 90245-3813
Subject: Continental Grand Campus(Mattel)—Revised Contract Amendment
Dear Eduardo:
The City of El Segundo and PCR Services Corporation(now ESA)entered into Agreement 4647, a Contract for
Professional Services,for the preparation of the Environmental Impact Report(EIR)for the Continental Grand
Campus Specific Plan. The agreement was signed in November 2015 and includes a scope of work dated
November 2014. This amendment to our contract is associated with out of scope work undertaken in association
with the Draft EIR, as well as efforts underway in association with the Final EIR. The out of scope work
undertaken in association with the Draft EIR was originally outlined in a letter dated March 27, 2017. As that
amendment has not yet been processed, ESA is combining the out of scope work associated with the Draft EIR
from our prior amendment with additional out of scope efforts required to complete the Final EIR. The out of
scope work and costs are outlined below.
Out of Scope Work
Preparation of Draft EIR: Due to a variety of factors outside of our control,it took over two years to get to a
point where the Project Description was complete and the Notice of Preparation could be released,which
occurred on January 5, 2017.Due to the significant passage of time since our scope of work was prepared and we
first initiated work on the Project,out of scope of work was required to address changes in CEQA requirements.
In addition,there was a need for updates to support the traffic study in association with related projects for the
cumulative analysis(see Kimley-Horn scope below for traffic related items). These tasks were undertaken during
the preparation of the Draft EIR.
The following out of scope tasks were undertaken by ESA in association with the Draft EIR as previously
outlined in our March 27,2017 letter to the City:
Cultural Resources: The scope of work for the EIR was prepared in 2014 prior to Assembly Bill 52(AB 52)
going into effect. Effective July 1, 2015, AB 52 amended CEQA to mandate consultation with California Native
American Tribes during the CEQA process to determine whether or not a project would impact Tribal Cultural
Resources.AB 52 requires an analysis of Tribal Cultural Resources,which will be included in the EIR section.
Cost: $1,200
Agreement No. 46478
Mr. Eduardo Schornborn
March 23, 2018
Page 2
Energy Analysis: The original scope of work did not include budget for the preparation of an energy analysis.
Due to recent case law and changes to Appendix F of the CEQA Guidelines, and as directed by the City an
energy analysis was prepared for the EIR.
Cost: $2,500
To.tal Additional Budget for Draft EIR: $3,700
Preparation of Final EIR
The comment period for the Draft EIR was extended 30 days in response to a request from Adams Broadwell
Joseph&Cardozo on behalf of Coalition for Responsible Equitable Economic Development(CREED LA).
CREED LA coordinated numerous times with the City during the public comment period asking about references
and requesting various documents. ESA provided support to the City during this time. Remaining budget from the
preparation of the Draft EIR was used as well as some budget from the Final EIR to assist the City in this process.
The comment period for the Draft EIR closed on December 6, 2017 and the City provided all comment letters to
ESA,. As indicated in our authorized scope of work,the level of effort required to respond to public comments on
the Draft EIR could not be predicted at that time,therefore, a budget allowance was provided based on a general
estimate that assumed a light level of public comments. The scope of work further indicated that if the allowance
was found not to be sufficient to address the actual public comments received, additional authorization from the
City would be requested.Based on the number of comments received on the Draft EIR, including those from the
City of Hawthorne requesting additional analyses,as well as the letter from legal counsel for CREED LA with
technical comments specific to air quality, greenhouse gas emissions,health risk,hazards,and traffic, our budget
for responding to comments in the Final EIR will not be sufficient.
More detail regarding technical work that will need to be conducted in association with the Final EIR is provided
below:
Air Quality and Greenhouse Gas Emissions:The comment letters include a number of comments related to the
net total air pollutant operational emissions from the Project and comments related to project design features and
disclosure of Project emissions. In addition, ESA will address the inconsistencies in CREED LA's comments
with respect to the CEQA Guidelines and established court precedence, as applicable. ESA will cite to evidence
in the Draft EIR that states the SCAQMD has not adopted any GHG significance threshold applicable to the
Project and that the CEQA Guidelines explicitly provide discretionary authority to Lead Agencies to apply j
project-specific quantitative or qualitative thresholds of significance. ESA will also justify the emissions analysis
in the Draft EIR based on the net increase in emissions, consistent with CEQA Guidelines Section 15126.2,rather
than CREED LA's claim that existing site GHG emissions should be included as part of the Project. Furthermore,
ESA will provide clarifying information to further support the findings in the Draft EIR with respect to the
Project's consistency with applicable GHG plans,policies, and regulations, such as the Project's affirmative
Agreement No. 46478
:
Mr. Eduardo Schornbom
March 23,2018
Page 3
consistency with the Southern California Association of Governments 2016 Regional Transportation
Plan/Sustainable Communities Strategy(RTP/SCS).
Cost: $6,000
Health Risk Assessment. In the comment letter, CREED LA presents the results of a screening-level health risk
assessment(HRA)that claims to show that Project construction and operational toxic air contaminant(TAC)
emissions would result in significant air quality health risk impacts. Based on ESA's preliminary review of the
screening analysis prepared by CREED LA, it is highly likely the analysis substantially overestimates the actual
risk by applying incorrect and unrealistic emission assumptions throughout the entire duration of Project
construction and during operations.
In response to the CREED LA health risk comments, ESA will provide a refined-level quantitative HRA based on
the emissions assumptions provided in the Draft EIR. With respect to Project construction,the Draft EIR
assumptions include the variability in construction-period emissions as construction activities progress from one
phase to the next and time-of-day considerations(construction would take place primarily during daytime hours
consistent with the City's ordinance). Project operational assumptions include using the net increase in TAC
emissions as shown in the Draft EIR rather than incorrectly including existing operational TAC emissions as part
of the Project. (�EQA Guidelines Section 15126.2 requires that a lead agency should assess the impact of a
proposed project by evaluating"changes in the existing physical conditions in the affected area as they exist at
the time the notice of preparation is published, or where no notice of preparation is published, at the time
environmental analysis is commenced." Therefore, evaluating health impacts based on the net increase in TAC
emissions as shown in the Draft EIR is consistent with CEQA. In addition, unlike the screening HRA prepared
by CREED LA,the refined HRA will utilize meteorological data from the SCAQMD to evaluate impacts using
Project area-specific data. The results of the refined HRA will be provided in the Final EIR as additional
information that further supports the health risk impact conclusions provided in the Draft EIR.
Cost: $9,000
Response to Comments: In light of the complexity and volume of the comments, additional effort will be
necessary to ensure consistency in the responses. In addition, it is likely that there will additional research as well
as internal review to prepare responses that will be legally adequate. As indicated in the original scope of work,
this is considered an allowance given the nature of the comments.
Cost: $4,500
Management and Meetings: Our authorized scope of work included an estimated cost allowance for meetings
as the number, duration and staffing for meetings in association with the EIR process could not be accurately
predicted. In light of the passage of time and the number of meetings conducted during the Draft EIR preparation,
ESA has exhausted the budget for management and meetings. Our scope assumed a concentrated 12-month
timeframe for the completion of the EIR;to date our work has extended to approximately 27 months, with the
Agreement No. 46476
m1 uu!'
Mr.Eduardo Schornbom
March 23, 2018
Page 4
need for on-going meetings and coordination. In addition,the Final EIR will require more coordination with
technical staff as well as with the City to address the issues raised in the comment letters. Therefore, additional
budget is needed to complete the process. The estimate provided is as before considered an allowance. In the
event less effort is required for meetings and hearings than provided for,ESA will not bill the balance. Similarly,
if these allowances are not sufficient ESA will request additional authorization from the City.
Cost: $6,500
Subconsultant Technical Studies(Kimley-Horn—Traffic Study)
Draft EIR:Kimley-Horn obtained the related projects information from the City of El Segundo and surrounding
jurisdictions(including Manhattan Beach, County of Los Angeles,and City of Los Angeles)in 2016, and
prepared the cumulative conditions analysis. However,the Project was delayed and because of the elapsed time,
it was necessary to obtain updated related projects information from each agency,and revise the cumulative
conditions analysis as there were new applications pending.
In addition,previously the Project included improvements on Grand Avenue at the median. However, Kimley-
Horn was directed to conduct an analysis of the safety and operation of the median opening at the driveway on
Grand Avenue due to the lack of a left-turn pocket to determine if that improvement was necessary.
Final EIR:The CREED LA letter includes a number of comments regarding the traffic analysis and includes a
technical comment letter. In addition,the City of Hawthorne has requested analysis of four additional
intersections within their jurisdiction that are outside of the study area defined with the City.Therefore, additional
technical analysis will need to be conducted.Kimley-Horn will provide an analysis of three to four additional
intersections to address the City of Hawthorne comments.
With regard to meetings,the original scope assumed one project kick-off meeting,one working team meeting,
and two public hearings. The project kick-off meeting was held in 2014 and a team meeting(site visit)occurred
in February 2015. Two additional team meetings were conducted and numerous team calls. In addition, Kimley-
Horn has an extended need for ongoing team coordination,communications, and project management.
Total Cost: $17,050(includes the 10%administrative cost)
Optional Tasks(Kimley-Horn): Attendance at additional team meetings or out-of-scope public hearings will be
provided,if requested, on a time and materials basis.
In addition,Kimley-Horn will conduct a traffic analysis for a build-out scenario, if determined necessary by the
City.
Cost: Team meeting-$1,100/meeting(includes the 10%administrative cost)
Public hearing-$1,650/hearing(includes the 10%administrative cost)
Build-out analysis-$1,650/hearing(includes the 10%administrative cost)
Agreement No. 46476
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Mr.Eduardo Schornbom
March 23,2018
Page 5
This amendment totals $46,750 without the optional task. With the optional task(assuming one additional team
meeting and one additional public hearing),the total amendment request totals $51,150. Together with the
original contract amount of$408,035,with this amendment(including the optional tasks)the total amount of the
contract would be$459,185.
Sincerely,
Luci Hise-Fisher,AICP
Associate Principal
ACCEPTANCE AND AUTHORIZATION
If this Amendment meets with your approval,please sign this letter and return a copy to us for our records. In
signing this letter agreement,the signatory warrants that he/she has the authority to, and does,bind the Client to
each and all of the terms of this Agreement, including payment.
Accepted and approved:
Signature Date
p