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Rincon Consultants Inc 2010 Zone 2 0 RECEIVED MAY 29Z014 COMMUNITY DEVELOPME 'T DEPARTMENT CITY OF RANCHO PALOS VERDES SECOND AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES THIS SECOND AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES is executed this 20th day of May 2014, by and between the City of Rancho Palos Verdes (hereinafter called "CITY"), and Rincon Consultants, Inc. (hereinafter called "CONSULTANT"), which are referred to collectively as "the Parties." RECITALS WHEREAS, on March 16, 2010, CITY and CONSULTANT executed a professional services agreement for environmental consulting services related to the preparation of an Environmental Impact Report (EIR) for the Zone 2 Landslide Moratorium Ordinance Revisions project; and, WHEREAS, on April 2, 2013, CITY and CONSULTANT executed the First Amendment to the professional services agreement for environmental consulting services related to the preparation of an Environmental Impact Report (EIR) for the Zone 2 Landslide Moratorium Ordinance Revisions project; and, WHEREAS, in response to additional EIR analysis that was not anticipated at the time when the original contract or the First Amendment were approved, to address comments that were submitted regarding the Final EIR ("FEIR") following the closure of the public comment period, and to ensure that the appropriate personnel are present at the meetings when the City Council considers the FEIR, CONSULTANT submitted a request to augment its proposal by performing additional services, which is attached hereto as Exhibit"D" and incorporated herein by this reference; NOW, THEREFORE, the Parties agree as follows: Section 1. Section 1 of the Agreement, entitled CONSULTANT'S Services, is hereby amended to add the following paragraph: h. CONSULTANT shall perform the additional professional services for the Zone 2 Landslide Moratorium Ordinance Revisions project, as set forth in the "Request to Add Services for the Zone 2 Landslide Moratorium Ordinance Revisions EIR" from CONSULTANT, dated May 8, 2014, which is attached hereto as Exhibit "D" and made part hereof by this reference. Section 2. Section 3 of the Agreement, entitled Compensation, is hereby amended to add the following paragraph: CITY agrees to compensate CONSULTANT, and CONSULTANT agrees to accept, in full satisfaction for the additional environmental analysis authorized by this Second Amendment to the professional services agreement for the Zone 2 Landslide Moratorium Ordinance Revisions project, a fixed fee not to exceed $24,560 for the additional services set forth in Exhibit D, resulting in a total cost of the Zone 2 EIR to not exceed $196,383. Section 3. Section 15 of the Agreement, entitled Entire Agreement, is hereby amended to read as follows: This Agreement, as previously modified by the First Amendment and as further modified by this Second Amendment, represents the entire integrated agreement between CITY and CONSULTANT and supercedes all prior negotiations, representations or agreements, either written or oral between the Parties. Except as expressly modified by this Second Amendment, all provisions of the original professional services agreement between CITY and CONSULTANT, executed on March 16, 2010, as previously amended by the First Amendment, remain in full force and effect. This Agreement may be further amended only by a written instrument signed by both CITY and CONSULTANT. 1712493v1 Page 2 of 3 EXECUTED the day and year first stated above. CITY OF RANCHO PALOS VERDES: B . MAYOR CONSULTANT: Rincon Consultants, Inc. B / Y� S Its: v 1 c c PS►rao1/7-- (Name/Title) ATTEST: gdA-&:-Aa-eaiC,) City Clerk Exhibit: "D" "Request to Add Services — Zone 2 Landslide Moratorium Ordinance Revisions EIR", dated May 8, 2014 from Rincon Consultants, Inc. 1712493v1 Page 3 of 3 0 0 — -- , Liak Ai ., .,.., , , CITY OF RANCHO PALOS VERDES FIRST AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES THIS FIRST AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES is executed this 2nd day of April 2013, by and between the City of Rancho Palos Verdes (hereinafter called "CITY"), and Rincon Consultants, Inc. (hereinafter called "CONSULTANT"), which are referred to collectively as "the Parties." RECITALS WHEREAS, on March 16, 2010, CITY and CONSULTANT executed a professional services agreement for environmental consulting services related to the preparation of an Environmental Impact Report (EIR) for the Zone 2 Landslide Moratorium Ordinance Revisions project; and, WHEREAS, in response to additional EIR analysis that was not anticipated at the time when the original contract was approved, and to ensure that the appropriate personnel were present at the meeting before the City Council in November 2012, when public comments were received regarding the environmental review that was to be conducted, and to pay the CONSULTANT for the additional tasks that already have been completed, CONSULTANT submitted a request to augment its proposal by performing additional services, which is attached hereto as Exhibit "C" and incorporated herein by this reference; NOW, THEREFORE, the Parties agree as follows: Section 1. Section 1 of the Agreement, entitled CONSULTANT'S Services, is hereby amended to add the following paragraph: g. CONSULTANT shall perform the additional professional services for the Zone 2 Landslide Moratorium Ordinance Revisions project, as set forth in the "Request 0 I i to Add Services for the Zone 2 Landslide Moratorium Ordinance Revisions Elf?' from CONSULTANT, dated March 20, 2013, which is attached hereto as Exhibit "C" and made part hereof by this reference. Section 2. Section 3 of the Agreement, entitled Compensation, is hereby amended to add the following paragraph: CITY agrees to compensate CONSULTANT, and CONSULTANT agrees to accept, in full satisfaction for the additional environmental analysis authorized by this First Amendment to the professional services agreement for the Zone 2 Landslide Moratorium Ordinance Revisions project, a fixed fee not to exceed $33,957 for the additional services, resulting in a total cost of the Zone 2 EIR to not exceed $173,783.00. Section 3. Section 15 of the Agreement, entitled Entire Agreement, is hereby amended to read as follows: This Agreement, as modified by this First Amendment, represents the entire integrated agreement between CITY and CONSULTANT and supercedes all prior negotiations, representations or agreements, either written or oral between the Parties. Except as expressly modified by this First Amendment, all provisions of the original professional services agreement between CITY and CONSULTANT, as executed on March 16, 2010, remain in full force and effect. This Agreement may be further amended only by a written instrument signed by both CITY and CONSULTANT. EXECUTED the day and year first stated above. CITY OF RANCHO PALOS VERDES: By: (-- ig) Or r 1 *e.A'-r-de--/ MAYOR Page 2 of 3 • • CONSULTANT: Rincon Consultants, Inc. AwAir By: 1, Its: Stephen M. Svete, V e President (Name/Title) Exhibits: "C" "Request to Add Services for the Zone 2 Landslide Moratorium Ordinance Revisions EIR", dated March 20, 2013 from Rincon Consultants, Inc. ATTEST: 7;) City Clerk Page 3 of 3 < . • II) rincon Rincon Consultants, Inc. Environmental Scientists Planners Engineers TRANSMITTAL • Ventura 0 San Luis Obispo 0 Carlsbad 0 Monterey 790 East Santa Clara Street 1530 Monterey Street,Suite 0 5355 Avenida Encinas,Suite 103 798 Pine Street, Suite C Ventura,California 93001 San Luis Obispo,California 93401 Carlsbad,California 92008 Monterey,California 93940 805 641 1000 805 547 0900 760 918 9444 83 915 9757 FAX 641 1072 FAX 547 0991 FAX 918 9449 FAX 805 1i47 0901 nforinconcon5ultants,corn infoarinconconsuitants,com infoCiinconconsutants.com infc4rinconconsultant5,c-3m WWW.Nnconconsultants.com www.rinconconsultants,corn www.rinconconsultzints.com www.rincoacorsuzants.corp To: Kit Fox,Associate Planner Date: 03/25/10 Kari Garcia,Office Organization: City of Rancho Palos Verdes From: Administrator 30940 Hawthorne Blvd. E-mail: Address: kgarcia@rinconconsultants.com Rancho Palos Verdes,CA 90275 cc: Phone: Via: USP Subject: Environmental Consulting Agreement Comment: Enclosed please find two signed agreements for Portuguese Bend Residential EIR. „i4,:,,,,,-,,,,,„.,.„, ; '. ''.*,,,c'-!,,,,,, ,,,,,,,, ' ;",::, ,,,.-, ,,,..,„, ,,,, . r_ , , 4 „,„,,, ______ , ,,_ , ,,,,, .„,,,- . - ,,,,,.„ , ' 0,„,, , 0., ,,,,,,, , ,. , Not ,, i . - ' .„..,,,,,',‘ Proposal to Prepare r Zone 2 Landslide Moratorium.....___, :,„ Ordinance Revisions _ ,,m,„,,,,,p‘_, rtEnvironmental .„. ,,,„,,,,, . , , ,,,,, Lie ,, 7..„,, , ,,. ..,,_. ....,,,I ,-.Tow. ,, { 7 - �: ' .AV'� �.i1.:- �, s ”` 1010 x « . + :7: s ' .fr i?. " gcw;sq 10 * - 4'. P(4,7:::.<1r .i 7 ,t .Y ,aro,q• ',� .1$ u ,�-,�i°�` -t, ss y�Ww.�.f,_ 't J6" yt _ 4� *'--�- Y ,4-..:.: 70,%,.'i4, - • ,fig..+7----,,,f1 ' i .k.‘7.1/2-' `. ,T' m "' �`.*_�. �''°� �� } 1010..ii�Yr��-.,,,--„<.,.,-, •�I'" •"1<� : . � y 'f �� ,« ► � -10",10.- '�`---44;1'::. ..'� ;�""� ,e`� --_:.---k-@�i, . . O _ R ..-,..,,.. ..r.,,- 1,._- _ .. 1': -,-.,-,1441---4:- t: �w6 +z `— `lm 1010 }! a^s �' �' �"��+,a. '� !h!'t`� �'E �� 7�i a �t. '��:'a.55-d`r� � _1010 � � � a s.. �.[ : �. ,4w iC.ffi to'M`. r, � � t • t► s,�'`". :„--.. . . I,. - .-.ro. [�p - s l"; ,..- .' t.!-*.:*1411 '► .. "'r ` }-r 'w ;�' `.`,.`9„ -,,10. ."A. " * `4 f sa.a+_ J `n'_j7 z�+[��x A V -1010,,�S.t '.' «' �g 3'\� y� 'moi .' . � M ; �....''S ,�ti ��'. .t!1010, � '+.• 9f � •M1 r m yyI . ' . S , ,Fit ta,--.f;p,y ih, ce: ' ' •,-• r. 5 . 1010_. y,� , - ti sa .�: 1010 1010''Y�EI ,yt"a•y, 6 ...,waa.s„1010 + -74'. , .4, .®l 1010,,,. fir:. 'S r ' ;. - ik P.# +., R.. .....,.1101-- s. 1010 1010. - - r i>0"�. .` s 4 v' T 7 I ISubmitted to: City of Rancho Palos Verdes IDepartment of Planning, Building and Code Enforcement Ir i n c o n Submitted by: Rincon Consultants, Inc February 12, 2010 Environmental Scientists Planners Engineers Rincon Consultants, Inc. Hio nn RFcFI\IED 790 East Santa Clara Street Ventura, California 93001 FEB 12 2010 805 641 1000 .ANNING, BUILDING AND Fax 6 4 1 1 0 7 2 CODE ENFORCEMENT info@rinconconsultants.com www.rinconconsultants.com February 12, 2010 Job No. 10-65790 Department of Planning, Building and Code Enforcement City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Attn: Kit Fox,Associate Planner Subject: Proposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR Dear Mr. Fox: Rincon Consultants, Inc. is pleased to submit the enclosed proposal to assist the City of Rancho Palos Verdes with the preparation of the environmental impact report(EIR)for the Zone 2 Landslide Moratorium Ordinance revisions. We have assembled a team of skilled environmental sciences and planning professionals who combine extensive technical qualifications and knowledge of CEQA requirements with widespread experience on coastal hillside projects. We are confident that you will find our team highly qualified in all of the technical and planning issues that are required for this project. The Rincon team includes specialists in all of the technical issue areas of concern for the proposed project. Rincon has on staff certified planners, biologists, air quality and noise specialists, geologists, engineering geologists and hydrogeologists, Registered Environmental Assessors (REAs), and GIS experts. Rincon can perform most of the tasks needed for the EIR in-house. To augment our team, we have included the following subconsultants to provide specialized expertise: • LGC Valley, Inc. to perform geotechnical analysis • Hunsaker&Associates to perform hydrology/hydraulic analysis • Robert Wlodarski to perform a Phase 1 archaeological study • Linscott, Law& Greenspan Engineers to perform a traffic and parking study We are confident that you will find that our proposed work program meets the needs of the City and the Rancho Palos Verdes community in a thorough and cost effective manner. We look forward to the opportunity to meet with you to further discuss our proposal. If you have any questions regarding this submittal, please contact us at your convenience. Sincerely, RIN,CON CONSULTANTS, INC. i •# Joe Power, AICP Michael Gialketsis, REA Principal Principal Environmental Scientists Planners Engineers IProposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR I Proposal to Prepare I Zone 2 Landslide Moratorium OrdinanceReport Revisions Environmental Impact ITable of Contents Page ICover Letter I 1.0 Introduction to Rincon Consultants, Inc. 2 2.0 Rincon Experience 4 2.1 Hillside Residential Projects 4 I 2.2 Other Coastal and Hillside Projects 6 3.0 No Conflict of Interest Statement 8 4.0 Project Team 8 I Team Organization Chart 9 5.0 Scope of Work 11 5.1 General Work Program 11 I 5.2 Technical Approach to EIR Issues 13 6.0 Cost 25 Cost Estimate 26 I 7.0 Schedule 27 8.0 References 28 Attachments: IProposed Schedule I Appendices: Team Resumes Subconsultant Information I I I I I I 1 City of Rancho Palos Verdes Proposal to Prepare ' Zone 2 Landslide Moratorium Ordinance Revisions EIR 1 1 . 4.(71/6 a O�O a 1 This proposal was printed on 50% recycled paper with 50% post-consumer content. 1 1 City of Rancho Palos Verdes ii t I Proposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR I Rincon Consultants, Inc. is pleased to submit this proposal to prepare an environmental impact I report(EIR) examining proposed revisions to the Zone 2 Landslide Moratorium Ordinance. The proposed revisions would facilitate the future development of up to 47 new single family residences on undeveloped lots within the Portuguese Bend community. 1 The 1,200-acre Landslide Moratorium Area (LMA) within the Portuguese Bend community was originally established in 1978 in response to potential unstable soil conditions and active I landslide movement. In general, properties within the LMA that are currently developed with residential structures are permitted to make limited improvements if the City grants a Landslide Moratorium Exception (LME). New construction is not permitted on properties I within the LMA that are not currently developed with residential structures unless a Moratorium Exclusion (ME) is granted,effectively removing the properties from the LMA. In 2002, agroupof � .� � `.�I�,� ':1 �Cl.:*-,� 1� < ; .7-1,0g Ael _ . { • Portuguese Bend property „,,!4!„,:,,,:.-F., : ;:: y.. ' ”;, ,ice ►i 4 f owners filed an ME ��.. b• -'.0.X* .-_ •• y"- �� •�,� ."�:§-1:',.:,,„;4,;-.r.�'s-om :_`•.'s'"'*.,, �� k.,.,�J",. .�•�`� .� •�,•:; .�,�`-yi-"��.'L ��'`•,r� application and after the N'� : * - �� .' _ •' ��,�' '� l ` - "- - I applicatlon was deemed , * '' :#. : _ •.,.- ,,,, :,4: 3 0*4/ .;-. .=_ Y.I incomplete, filed suit against ,-- .' �.,- `• - :- 4.. y{ --it.',; - the City. The case (Monks v. ,.,1 - * . -.,-a ,:, -,-.:14.1- #7*.----;. s ,t r ;?..;.4-, .i �.;,r, ,/I � ~rr:�,�.i,`"'' ! ;R''s� ,/v 7 ��a.``�� -.=�7 !C;+Is. •+�,fiRanc1 io Palos Verdes) was - 4- . 'e, 10.�• -- •.- 4 P.,'moi , : ,R , � �� -11 �`i•IF. �� + �' �."�\ { • � y ~'• FAY%. l � decided in the ; . - .*-„,ANN,;,a• - �.[[ : . "'�` e t 4`f / .rz ': �:' '° tc;,,,,:N; __.-9., u k:0-7,. .. ,'t,tp-4.44-- applicants /plantiffs favor .r • Y.3 ., -► 4 , "'�r31. _ ,/ . -- in 2008 as the Landslide H . _- \ ,, .` _ , �. ., Moratorium Ordinance was i r }i,7, . " ;.E ,�{.,;' foundtakingof the ,!,.,.k.........4, �. �_, _-�_�-"�,� ,�t r� ,= �-�' �'�� tobea -. _ z.,,,, ,--.� _ t ". - 4 � ' : a*'7t undeveloped lots. I The City has been ordered to remove regulatory impediments in its Municipal Code that prevent the development of the 16 Monks plaintiffs' lots. The City began this process with an amendment to the Landslide Moratorium Ordinance to allow the Monks plaintiffs to apply for I LMEs on their lots. The City adopted a Mitigated Negative Declaration (MND) for this ordinance, the adequacy of which has been challenged in a lawsuit by current Portuguese Bend residents. In December 2009, the City adopted a further revision to the Landslide Moratorium I Ordinance to allow site grading for development of the Monks plaintiffs' lots not to exceed 1,000 cubic yards of combined cut and fill and with no import in excess of 50 cubic yards. I The City is now considering broader revisions to the Landslide Moratorium Ordinance that could also permit the owners of the other 31 undeveloped lots in Zone 2 to develop the lots with residences. This would result in the possible future development of up to 47 new residences (16 on the Monks plaintiffs' lots and 31 on the other undeveloped lots). The EIR for the currently proposed revisions to the Landslide Moratorium Ordinance would focus on the 31 lots that were not the subject of the previously adopted MND but would also address full buildout Iunder the revised ordinance. This proposal includes: (1) a firm introduction; (2) a description of the Rincon team's Iexperience; (3) a statement regarding conflicts of interest; (4) a description of the project team; I r City of Rancho Palos Verdes 1 Proposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR (5) a detailed scope of work; (6) a cost estimate; (7) an estimated time schedule for completing the project; and (8) a list of Rincon references. 1 .0 INTRODUCTION to RINCON CONSULTANTS, INC. Rincon Consultants, Inc. is a California type S corporation, founded in 1994. Since its flacon founding, Rincon has grown to a firm of over Rincon Consultants, Inc. 57p rofessionals located in four California Environmental Scientists Planners Engineers offices: Ventura, San Luis Obispo, Carlsbad, and Monterey. We have successfully managed numerous environmental documents on projects throughout Los Angeles County. Rincon's principals and senior staff have considerable experience on a broad range of projects, including many large and controversial developments. We also have extensive experience on coastal and hillside projects, having performed environmental reviews of numerous projects in such municipalities as Malibu,Ventura, Santa Barbara, Santa Monica,Calabasas, Hidden Hills, and Long Beach. Finally, we have experience in Rancho Palos Verdes. We are currently preparing the EIR for the proposed Animal Education Center Point Vicente Interpretive Center (PVIC) and previously prepared an environmental assessment on proposed improvements to Palos Verdes Drive for the Los Angeles County Community Development Commission as well as biological surveys of several projects in the City. Through this experience,we are highly familiar with City needs and expectations as well as the City's impact assessment methodologies and thresholds that will help ensure successful and efficient implementation of the CEQA process for this project. Our approach to environmental planning and permitting entails providing clients with high level of professional expertise with principal-level involvement in all projects. We have structured the firm to minimize unnecessary overhead costs, thus allowing us to be highly cost effective for both large and small projects. Our approach to the CEQA environmental review process is to streamline the documentation to the maximum extent feasible, relying on existing documentation and studies wherever possible and focusing the document on truly relevant issues through the initial study process. During Rincon's 15-year history, we have received multiple awards for excellence from environmental planning industry organizations, including the American Planning Association and the Association of Environmental Professionals. Our financial strength was recognized in 2004 by Zwieg White,when the nationally recognized A/E/P industry tracking group named us to its Hot 100 Firm list, recognizing revenue growth over time. In 2007, Rincon was named to the Inc. 5000 list of the fastest growing companies nationwide. In 2008,we were again named to Zweig White's Hot Firm list. In addition to this business recognition, Rincon was also recently named the #1 Best Places to Work-Mid-sized Environmental Consulting Firm by the Environmental Business Journal and Civil Engineering News. We are very proud of this City of Rancho Palos Verdes 2 I Proposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR I recognition and believe that it supports that we have a highly motivated and capable team that Iis committed to excellence on all levels. Rincon provides a broad range of environmental consulting services. The following is a Isummary of these services. Environmental Impact Analysis and Land Use Planning I • CEQA Compliance (EIRs, Initial Studies, and Mitigation Programs) • NEPA Compliance (EISs, Environmental Assessments) lik . • Land Use Planning and Development Feasibility Studies illilik. 1- . I • Air Quality, Noise, and Traffic Studies 4 „at. �- • Cultural Resources Studies = ,, ii 4 16' -s, Jc I . Land Use Entitlement Permit Processing • Coastal Development Pei tii of .4,-,�,; • Redevelopment and Site Reuse Programs 1pt,oaw i- ' ' • Visual Resources Analysis (Including Computer Generated __ Photosimulation) ili; • Infrastructure Analysis • General Plans, Specific Plans, Neighborhood Planning, and Contract Planning Services • Transportation and Corridor Studies • Community Involvement Programs • Mitigation Monitoring and Reporting Programs • Construction Monitoring IBiological Services and Regulatory Compliance • Baseline Biological Resources Inventories and Vegetation I s Mapping , V r ..�,,vim,. :, —.� • Rare, Threatened, and Endangered Plant and Wildlife Species Su rz?e ---,--.y r {-- yC_ tI��W i • Wetland Delineations 'yr ,�.• .i“ 1011_� Complete Regulatory Compliance and Mitigation Planning = = ',..,, , • � g � p g t � � �- • US Arms Corps ofEngineers Section 404 and Section 10 I Compliance - ' 11- i'-- '7' t . . -- '- - IA L..--7' • California Department of Fish and Game Streambed Alteratiotz 1 ;:m. 4' l Agreements I • ESA Section 7 Consultations • ESA Section 10 Habitat Conservation Plans • Wetland, Riparian, and Upland Habitat Revegetation and Restoration Planning • CESA Permits and Natural Community Conservation Plans • Floodplain and Watershed Management Programs • Compliance Training Programs • GIS Database Management I 1 rir City of Rancho Palos Verdes 3 I Proposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR I Environmental Site Assessment and Remediation • Phase I and II Environmental Site Assessments • Hazardous Waste Characterization and Remediation i1 • Health Risk Assessments • Geological and Seismic StudiesI • Groundwater Evaluations and Modeling \ , • Groundwater Monitoring Programs • Soils Studies �' 111 • Litigation Support • Remedial Construction Monitoring _ ,\\.\\* • Asbestos and Lead-based Paint Testing r • NPDES Compliance Programs 2.0 RINCON EXPERIENCE For the past ten years, Rincon has had an open services contract with the Los Angeles CountyI Community Development Commission (CDC) to perform allCEQA and NEPA reviews for the CDC-administered CDBG program. Under that contract, we performed a NEPA review of a project involving reconstruction of portions of Palos Verdes Drive at Portuguese Bend. In the past two years, we have also conducted biological assessments on two properties in Rancho Palos Verdes. For the past four years,have been one of a select group of CEQA consultants for the City of Long Beach and are currently preparing an EIR for the City of Carson. Finally,we are currently preparing the EIR for the Animal Education Center at the Point Vicente Interpretive Center. Therefore,we are familiar with the South Bay area and the relevant issues on the environmentally-sensitive Palos Verdes Peninsula. I Rincon has also prepared CEQA environmental documents on many hillside residential projects as well as on projects in environmentally sensitive coastal and hillside locations. Some of our most relevant experience is described below. Relevant experience of our subconsultants is described in the appendix to this proposal. 2.1 Hillside Residential Projects Tentative Tract 5475 Specific Plan and EIR City of Santa Paula ------ ,1: .F .M Rincon is currently preparing a specific plan and EIR A \'''' for a project involving development of a 32.5-acre site , , „:-,.:-:;,,:::; ?,-- Z--4*.: dfor a hillside subdivision. The proposed project entails ifs aT .A� a�k nr 74 hillside residential lots averaging 9,685 square feet. Public streets would be built to serve the residential development according to city standards. Key EIR . ,. _, 3 issues include hillside grading and associated aesthetic 1-'----11' ''#}- '1 effects, biological resources, landsliding, and traffic. I r City of Rancho Palos Verdes 4 I Proposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR I Golden Valley Ranch EIR I City of Santa Clarita Rincon prepared an EIR on the Golden Valley Ranch mixed use project proposed on a 1,300- acre undeveloped hillside property adjacent to the City of Santa Clarita. The project involved I the development of over 500 residential units and about 600,000 square feet of commercial/retail development on undeveloped hillside terrain. Key issues for the highly controversial project included geotechnical (landslide) concerns,biological resources (including I the California gnatcatcher), hydrology, and hazards (several abandoned oil wells were located onsite). The EIR examined numerous alternatives developed by the consulting team,in conjunction with the applicant. Ultimately, one of the alternative scenarios studied in the EIR Iemerged as the applicant's preferred project and was approved by the City Council. Ashley Construction Development Project EIR ICity of Hidden Hills Rincon prepared an EIR for a Vesting Tentative I Map to subdivide an 18-acre undeveloped ,,,,s.:7 hillside site into 8 lots that would he developed t ' j r _ ,_-7,..,.., -:4w._.' 4, ,_, ,_Ipiti, . i ,i, t P with custom single familyresidences. Of the 18 t P 1 f -, __ ,r‘ .` ,; *4- !• I acres to be subdivided, 10 acres were within tr.� - ,4c. Hidden Hills and the remaining 8 acres were "�`` y ;;... it.da,. ti , ligAi -, ,ttii- _ .. 4.1, within unincorporated Los Angeles County. I The unincorporated portion of the site was �� proposed to be annexed into the City. Key environmental issues included aesthetics , I i `,4'f `,t a' , ,, k t e.! :; ,14 ` r aka i''' # 4 {.. associated with gradingof a hilltop, geology, - 6 • ;,. y i land use policy, and biological resources. I Bridle Ridge Project EIR County of Santa Barbara Rincon prepared an EIR examining the Bridle Ridge project, a hillside residential/equestrian I development on the east side of Highway 154 near the City of Santa Barbara. Key issues for the environmental analysis included aesthetics, biological resources, drainage, fire hazards, and hazards associated with landsliding and abandoned oil wells. This project was proposed I adjacent to an existing church facility, requiring the analysis of potential project impacts on church related activities and programs. I Providence Landing Environmental Impact Report County of Santa Barbara I Rincon prepared an EIR for a large-scale mixed use project on a 140.5-acre property located in the Lompoc area of Santa Barbara County. The project,known as the Providence Landing Residential Project,involved development of three principal components: 284 single family I homes; 72 units of low-income senior housing; and a 14.7-acre regional park. Other project components included open space areas located throughout the project site; two dual-purpose storm water retention and ground water recharge basins, and an entrance/interpretive center for the Burton Mesa Ecological Preserve proposed along the western portion of the site. Key issues I r City of Rancho Palos Verdes 5 IProposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR addressed included, traffic and circulation,biological resources,cultural resources, flooding, drainage and erosion,fire hazard management, and land use. 2.2 Other Coastal and Hillside Projects 2902 Vista Del Mar Focused Biological Assessment and Rare Plant Surveys AEI Consultants Rincon conducted a Focused Biological Assessment (BA) for a 1.43-acre hillside property inI Rancho Palos Verdes. Key biological concerns revolved around the potential for habitat for the California Gnatcatcher (Polioptila californica californica), the Palos Verdes Blue Butterfly (Glaucopsyclie lygdainus palosverdesensis) and its associated host plant,Atragalus tricltopodus. Rincon's work effort included a floristic inventory listing all vascular plants observed onsite and within the proposed brush clearance zone. 28160 Palos Verdes Drive East Biological Assessment AEI Consultants Rincon prepared a Biological Assessment Report(BAR) for a 0.72-acre hillside property in Rancho Palos Verdes. The report included: (1) a plant and wildlife inventory compiled from field reconnaissance; (2) mapping of wildlife and botanical habitats and location of sensitive biological resources; (3) identification of all special-status species observed or expected onsite; and (4) analysis of project impacts on onsite habitats. Rambla Pacifica Street Reconstruction/Reconfiguration EIR City of Malibu Rincon is currently preparing an EIR examining theI .. proposed reconstruction and realignment of Rambla 3 Pacifico Street,which was destroyed bya landslide ifiztY F in 1984. The proposed 1,800 linear foot road ',1' segment would re-establish a linkage between the 7 .#iii.:,-".;411,k -, - northern and southern sections of Rambla Pacifico Y � - -i ‘4'-',;.:-..--,,'--* Street. The area of impact for theproposed road ` a`� RO," P alignment ali ment encroaches into o Environmentall `OSEDC $ I Sensitive Habitat Area (ESHA). The site is also,.4,7'...1. --, � _ within a landslide hazard zone. The EIR focuses on biological and geologic impacts. Biological Inventory Reports (BIR) and Biological Assessments (BA), Malibu, Los AngelesI County Multiple Clients The City of Malibu began issuing coastal development permits in December 2004, after it was ruled by the Los Angeles Superior Court and upheld by the Court of Appeal. Rincon Consultants has conducted field reconnaissance surveys and prepared Biological Inventory Reports (BIR) and Biological Assessments (BA) for an approximate 3-acre parcel located off Sweetwater Mesa Road in the City of Malibu, Los Angeles County, California. The site was disturbed as a result of previous activities, including weed abatement measures (e.g. disking). I r City of Rancho Palos Verdes 6 Proposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR Rincon also provided information about the dominant plant species present onsite; wildlife observed and anticipated onsite; photo-documentation of existing site conditions; description of site conditions, including habitat types and surrounding development; and biological resources that meet the definition of an Environmentally Sensitive Habitat Area (ESHA) pursuant to guidelines in the City of Malibu Local Coastal Program(LCP) adopted by the California Coastal Commission (CCC) in 2002. Palisades Bluffs Improvements Project IS/MND t City of Santa Monica �,. Rincon prepared an IS/MND studying the effects of proposed techniques to improve the stability of the Bluffs and Palisades Park. The project involved a • variety of specific methods to improve overall bluff stability and safety, and stabilize the bluff rim, bluff ,;.r4 face, and bluff toe. Key environmental issues included : r changes in the aesthetic character of the bluffs, slope stability, and temporary disruption of traffic and park access. Goleta Beach Master Plan EIR Chambers Group/County of Santa Barbara Parks and Recreation Rincon was part of a team to prepare an EIR for the Goleta Beach Master Plan update. Specifically, Rincon prepared biology, traffic, and alternatives analysis sections of a comprehensive EIR that examined full buildout of Goleta Beach. Future development plans included several options for stabilizing the beach including a managed shoreline retreat alternative, pier extension and widening, a subsurface break wall, full beach retreat, nourishment with full revetment, as well as a groin and other alternatives. Key issues included shoreline erosion and stabilization measure effectiveness, utility and service system protection, temporary construction impacts, impacts to recreational activities, impacts to sensitive species. Ventura Hillsides Conservancy Environmental Technical Studies Ventura Hillsides Conservancy Rincon analyzed the conservation value of an approximately 66,000 acre Area of Interest(IA) surrounding the City of San Buenaventura for the Ventura Hillsides Conservancy. The goal of the study was to assist the VHC in determining which parcels within the IA represent priorities for future purchase and conservation. High priority acquisition parcels, as defined by the VHC, include those with high biological, visual, and recreational function. To measure these values Rincon performed biological,cultural, historical,hydrological, and geological technical analyses, as well as a development potential analysis. Using ArcGIS Spatial Analyst, the results of these technical studies were modeled to score each individual parcel within the IA according to its resource value. The final output of the model was a ranked list of parcels within the IA, detailing those parcels with the highest resource value and conservation potential. City of Rancho Palos Verdes 7 Proposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR 3.0 NO CONFLICT OF INTEREST STATEMENT Neither Rincon Consultants, Inc. nor any member of the Rincon team has any conflicts of interest with respect to the proposed Landslide Moratorium Ordinance revisions. 4.0 PROJECT TEAM Rincon has compiled a team that understands both CEQA's environmental review requirements and the issues specific to Rancho Palos Verdes and the immediate project area. We can conduct most of the needed analyses in-house and have augmented our team with the following subconsultants to provide specialized expertise in several key areas: • LGC Valley,Inc. -geotechnical • Hunsaker&Associates - hydrology • Robert Wlodarski- archaeological/cultural resources • Linscott,Law & Greenspan Engineers - traffic and parking Information about the experience and qualifications of these firms/individuals is included in the appendix to this proposal. Rincon's proposed team organization for the Landslide Moratorium Ordinance revisions is shown in the chart below. Summaries of the qualifications and experience of the key professionals who will be responsible for the management and oversight of the EIR follow, while resumes are included in the appendix to this proposal. Staff assigned to this project will be available over the timeframe of the Landslide Moratorium Ordinance revisions EIR. We are committed to meeting or exceeding the City's scheduling requirements. Our firm size enables us to adjust workloads as necessary to meet the scheduling needs of our clients. Joe Power,AICP,will serve as Principal-in-Charge of the project. Joe has more than 18 years of experience in CEQA and NEPA document preparation. He recently oversaw the Calabasas General Plan and EIR and is currently overseeing the Mangrove Estates Mixed Use Development EIR for the City of Los Angeles and the Tentative Tract 5475 EIR for the City of Santa Paula. He recently managed the Surfers Point Managed Shoreline Retreat EIR for the City of Ventura and Palisades Bluffs Improvements Project IS/MND for the City of Santa Monica. He also oversaw the preparation of technical environmental studies for a property acquisition prioritization analysis conducted for the Ventura Hillsides Conservancy. Abe Leider, Senior Associate with Rincon, will serve as Project Manager. In this role,he will he the primary City contact and will manage the day-to-day activities of both Rincon and subconsultant staff. Abe is currently managing the Animal Education Center EIR for the City and recently managed the Press-Telegram Mixed Use Development EIR for the City of Long Beach and the Trancas Canyon Community Park EIR for the City of Malibu. He also managed the Lagunitas Mixed Use Development SEIR for the City of Carpinteria as well as EIRs on several residential projects in the City of Santa Monica. City of Rancho Palos Verdes 8 Proposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR Team Organization Chart City of Rancho Palos Verdes Joe Power,AICP Principal-in-Charge Abe Leider,AICP Project Manager Duane Vander Pluym, D.Env QA/QC Steve Hongola Matthew Hawley,PG, CEG Julie Broughton,PhD(c) LGC Valley, Inc. Biological Resources Geotechnical Review 111 Jason Fukurnitsu, PE Robert Wlodarski Nunsaker&Associates --�-- HEART Hydrology Analsysis Cultural Resources Clare M. Look-Jaeger,PE Linscott, Low&Greenspan --- Traffic Study Duane Vander Pluym,D. Env, Principal and Senior Environmental Scientist with Rincon,will oversee preparation of the biological, air quality, and noise analyses, and will serve in a quality control capacity for other technical sections. Duane has more than 25 years of environmental consulting experience, during which time he has conducted numerous environmental studies for public agencies and private clients. His areas of technical expertise include biology, ecosystem analysis,noise, air quality, hydrology, and water quality. Duane will be assisted on the biological resource analysis by Steve Hongola,Senior Biologist and Julie Broughton,PhD (candidate). Steve has more than seven years of professional City of Rancho Palos Verdes 9 Proposal to Prepare Zone 2 Landslide Moratorium Ordinance Revisions EIR experience, with expertise in biological resource assessment, focused surveys for sensitive species,jurisdictional waters and wetlands delineations, habitat restoration and management, and regulatory permit acquisition and compliance. He has conducted or assisted in focused protocol surveys for numerous sensitive wildlife species, including California gnatcatcher, least Bell's vireo, southwestern willow flycatcher, burrowing owl, desert tortoise, arroyo toad, Los Angeles pocket mouse, and San Bernardino kangaroo rat. Julie is a Senior Botanist with expertise in plant habitat evaluation, plant identification, general biological surveys, and preparation of biological reports for compliance with both NEPA and CEQA. She has performed biological assessments for two projects in Rancho Palos Verdes. Matthew Hawley, PG,CEG, President of LGC Valley, Inc., will oversee the geotechnical review. Matt has over 17 years of practical engineering geotechnical experience. He has been a registered professional geologist since 1997 and certified engineering geologist since 1998. Matt's professional experience focuses on sedimentology and geologic structure. Technically proficient in reconnaissance mapping, fault trenching, landslide and slope instability investigations, and in-grading operation, Matt provides training for geologists in these operations and other geological fundamentals, including the ability to work well in the field with on-site personnel and keeping clients and the reviewing agency informed. Jason Fukumitsu, P.E., President of Hunsaker & Associates will oversee the hydrology analysis. Jason has 25 years experience in all phases of the design and management of large-scale land development projects, including pre-acquisition analysis, planning, entitlements, preliminary and final engineering, and construction management. He played a key engineering role in many notable real estate developments, including the Playa Vista project in Los Angeles and the Legacy and Homestead projects in Los Angeles County. His extensive experience in grading, drainage, highway, street, sewer, flood control and water system design minimizes expensive planning revisions necessary to address those issues at later project stages. Robert Wlodarski, Principal Investigator with H.E.A.R.T., will conduct the cultural resource analysis. Rob has been actively involved in California Archaeology for over 33 years, completing over 1,075 projects. He is certified in archaeology by the Register of Professional Archaeologists (RPA), and as a professional historian by the California Committee for the Promotion of History (CCPH) (see attached resume). Rob's work has ranged from conducting Phase 1 archaeological investigations and creating cultural and historical CEQA documents to performing required monitoring and oversight of construction activities in the vicinity of sensitive cultural resources. He has conducted hundreds cultural, historical and archaeological projects in Los Angeles County, including numerous projects in the South Bay. Rob has performed two major investigations within the City of Rancho Palos Verdes: (1) a Phase 1 Archaeological Study for Marineland, 100-acre parcel; and (2) a Phase 1 Archaeological Study for the Rancho Palos Verdes Storm Drain Project. Clare M. Look-Jaeger, P.E., Principal with Linscott, Law &Greenspan Engineers, will oversee the traffic study preparation. Clare has more than 20 years of experience and has prepared numerous traffic impact studies for various jurisdictions in and around the greater Los Angeles region. Projects include the Universal City Master Plan (three million square feet of retail, office and hotel uses), Kaiser Permanente Medical Facilities (Woodland Hills, Pasadena,West Los Angeles), Constellation Place (proposed 800,000 square foot office tower in Century City), City of Rancho Palos Verdes 10 • CITY OF RANCHO PALOS VERDES AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES THIS AGREEMENT is executed this 16th day of March 2010, by and between the City of Rancho Palos Verdes (hereinafter called "CITY"), and Rincon Consultants, Inc. (hereinafter called "CONSULTANT"). RECITALS WHEREAS, the CITY proposes revisions to the Landslide Moratorium Ordinance that would allow thirty-one (31) vacant lots to be developed, along with sixteen (16) other vacant lots, which would have the cumulative effect of allowing for the future development of up to forty-seven (47) single-family residence on existing lots in the area known as "Zone 2" on the Portuguese Bend community. Said proposal will require compliance with the California Environmental Quality Act (CEQA). The project is described in detail in the City's Request for Proposal (RFP) dated January 6, 2010; and, WHEREAS, the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and CITY'S Local Guidelines require the preparation of an Environmental Impact Report (EIR) for the proposed project; and, WHEREAS, CONSULTANT represents that it is professionally qualified and able to prepare the necessary Environmental Documentation in compliance with the applicable state laws and state, local guidelines, and in a format consistent with CEQA requirements. NOW, THEREFORE, the parties agree as follows: Section 1. CONSULTANT'S Services. Consultant shall perform professional services by preparing Environmental Documentation for the Zone 2 Landslide Moratorium Ordinance Revisions, as set forth in Section 5.0 "Scope of Work" in the CONSULTANT'S proposal of February 12, 2010, attached hereto as Exhibit 'A', and the Lb . 0 0 e-mail "Clarification of Zone 2 EIR Proposal" and revised project proposal and schedule of March 1, 2010, attached hereto as Exhibit `B', both made part hereof by reference, including the following services: (a) CONSULTANT, shall prepare, under consultation with the CITY, the following for the proposed project; (1) an Initial Study, (2) a Notice of Preparation (3) a Draft EIR, (4) a Response to Comments on the Draft EIR, (5) a Final EIR, (6) a Mitigation Monitoring and Reporting Program, and (7) a Notice of Determination as specified in Section 5.0 of Exhibit 'A' and in Exhibit 'B'. If necessary, CONSULTANT shall also prepare a Statement of Overriding Considerations, and shall be compensated for such on a time and materials basis at the rates set forth in the "Cost Estimate" contained in Section 6.0 of Exhibit 'A' and as amended in Exhibit 'B', which are attached hereto and incorporated herein by reference. The EIR shall be prepared in compliance with the "Scope of Work" attached as Section 5.0 of Exhibit 'A' and as Exhibit 'B', and shall contain all items required by CEQA (as amended), the State Guidelines, and CITY'S Local CEQA Guidelines. (b) When requested, CONSULTANT shall attend and participate in meetings with CITY staff as well as Public Hearings, which are necessary for the preparation and completion of the environmental documentation. Any meeting for which CONSULTANT is requested to attend by CITY beyond the number of meetings identified in the "Scope of Work", CONSULTANT shall be compensated on a time and materials basis at the rates set forth in the "Cost Estimate" contained in Section 6.0 of Exhibit 'A' and as amended in Exhibit `B', which are attached hereto and incorporated herein by reference. (c) CONSULTANT shall supply CITY with the deliverables described in the "Scope of Work" attached as Page 1 of Exhibit `B', including the following documents for the proposed project: (1) Administrative Draft and Final Initial Study (IS)/Notice of Preparation (NOP) (2) Administrative Draft and Draft Environmental Impact Report (DEIR) (3) Draft Responses to Comments Page 2 of 11 (4) Administrative Draft and Final Environmental Impact Report (including the final response to comments) (FEIR) (5) Mitigation Monitoring and Reporting Program (6) Statement of Overriding Considerations (if necessary) (7) Notice of Determination (8) Computer files for all documentation, with processing documents in a format useable for the City's Website. (d) All reports, information, data and exhibits prepared or assembled by CONSULTANT or any subconsultants in connection with the performance of its services pursuant to this Agreement are confidential until released by CITY to the public, and CONSULTANT agrees that they shall not be made available to any individual or organization without prior written consent of the CITY prior to such release. All such reports, information, data and exhibits shall be delivered to CITY upon demand without additional cost or expense to CITY. All charts, tables, figures, and maps, which are prepared with computer-based mapping or spreadsheet programs, shall be provided to CITY in their original formats. (e) CONSULTANT shall respond to those comments raised by CITY staffs review of the documents in order to facilitate completion thereof. Consultant shall also respond to all comments from the public, responsible agencies, and/or other interested parties regarding the EIR. Letters identifying the response shall be sent to each commenting party. (f) This agreement and the scope of work to be performed by CONSULTANT may only be amended in a written document executed by both of the parties to this agreement. Section 2. Time of Performance. CONSULTANT shall timely perform the services described above as shown in the schedule within the attached Project Schedule in Exhibit 'A'. Section 3. Compensation. CITY agrees to compensate CONSULTANT, and CONSULTANT agrees to accept in full satisfaction for the services provided for hereunder, a fixed fee not to exceed $139,826 for the EIR, which includes all labor and Page 3 of 11 i 0 0 subconsultant costs, as described in the "Cost Estimate" dated March 1, 2010, contained within Exhibit 'B'. In addition, this fixed fee shall include all expenses for printing, word processing, delivery, fax, phones, mileage, etc. Prior to printing of any documents, CONSULTANT shall verify with CITY the total number of documents to reproduce. Not included in this fixed fee are expenses incurred for attending meetings beyond those specified in Section 1(b) of this contract; analysis of key issues in addition to those identified within the attached "Scope of Work", changes in the project description, plans, or scope of work requiring additional work; and printing additional copies of any document beyond the number of copies specified in Page 1 of Exhibit `B'. The actual costs of CONSULTANT'S services and expenses shall be itemized on the Invoice form, and CITY shall pay CONSULTANT for said undisputed services and expenses. Payments shall be made based upon Consultant's monthly invoices up to the maximum amounts set forth in the following schedule: EIR Benchmark Item Maximum Amount of Payments' Initial Study and Project Description $20,973.90 (15% of total cost) Administrative Draft EIR $69,913.00 (50% of total cost) Draft EIR $27,965.20 (20% of total cost) Final EIR $20,973.90 (15% of total cost) Receipt of Notice of Determination Release of 5% Retention Any work approved pursuant to Section 1(f) of this agreement shall be included in the appropriate segment of the foregoing schedule, as determined by the City, and the maximum billing amounts shall be adjusted accordingly. 'The maximum amount of each payment serves as a cap on the payments until the correlated benchmark item is completed to the satisfaction of City Staff. Therefore completion of one benchmark item allows for billing up to the maximum identified for the following benchmark item. All amounts of payments shall be less the 5% retention, unless sixty (60) consecutive days of delays occur as the result of event(s), which the CITY determines were beyond CONSULTANT'S control. In such case, CITY shall release to CONSULTANT the full amount of the payment for the benchmark item(s) that have been completed to the satisfaction of City Staff. Page 4 of 11 • Five percent (5%) of each bill submitted by CONSULTANT shall be held by CITY in a retention account. The retained funds will be released to CONSULTANT when the environmental documentation project is successfully completed by the submittal of the final Notice of Determination/ Statement of Overriding Consideration (if necessary). If CONSULTANT is requested by CITY to revise or supplement the environmental documentation with additional data, information or analysis solely as a result of the CONSULTANT'S failure to comply with the requirements of CEQA, or the State or local CEQA Guidelines (hereafter referred to collectively as "CEQA"), CONSULTANT shall provide such revision or supplement at no additional cost to the CITY. For purposes of this Section, CONSULTANT'S "failure to comply" shall be based upon a written communication from CITY to CONSULTANT advising CONSULTANT of the particular items of CONSULTANT'S work that do not comply with the provisions of CEQA, and which shall not be based on unwritten interpretations of CEQA that were not delivered to CONSULTANT upon commencement of this Agreement. If changes to existing laws, rules, regulations or policies of any state, federal or local governmental authority having jurisdiction over the project occur, new, unforeseen issues arise, or comments on the documents are received from attorneys other than the City Attorney during or following the circulation of the draft environmental document, during the term of this Agreement that require modification of the environmental documentation, CONSULTANT will perform such additional services on a time-and- materials basis, at the rates set forth within the "Cost Estimate" dated March 1, 2010, in Exhibit The CITY and CONSULTANT hereby acknowledge and agree that the terms of CONSULTANT'S compensation are not dependent upon the CITY'S final action on these Projects. Section 4. Independent Contractor. CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of the CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between the CITY and CONSULTANT. Page 5 of 11 Section 5. Assignment. This agreement may not be assigned in whole or in part, without the prior written consent of CITY. Section 6. Consultant. Responsible Project Manager. The CONSULTANT shall have a Responsible Project Manager who shall be principally responsible for the CONSULTANT'S obligations under this Agreement and who shall serve as principal liaison between CITY and CONSULTANT. The name of the Responsible Project Manager is Abe Leider. Designation of another Responsible Project Manager by CONSULTANT shall not be made without the prior written consent of CITY. Section 7. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT'S services under this Agreement. CONSULTANT may associate with or employ associates or subconsultants in the performance of its services under this Agreement, but at all times shall be responsible for their services. CONSULTANT may not employ additional subconsultants without prior written approval of CITY. Section 8. City: Liaison. CONSULTANT shall perform under the general supervision of the Community Development Director of CITY ("Director") or his or her designee, and all communications, instructions and directions on the part of the CITY shall be communicated exclusively through the Director or his or her designee. Section 9. Data and Services to be Furnished by CITY. All information, data, records, reports and maps as are in possession of CITY and necessary for the carrying out of this work shall be available to CONSULTANT without charge. Section 10. Interests of CONSULTANT. The CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with the CONSULTANT or any subconsultant. The parties agree: (a) CITY has sole discretion to direct the work and evaluate the performance of CONSULTANT and CITY retains the right to terminate this Agreement or replace CONSULTANT at any time, in accordance with the provisions of Section 13 herein. Page 6 of 11 0 0 (b) CITY has sole discretion to determine the amount of compensation paid to CONSULTANT, in accordance with the provisions of this agreement. (c) CITY shall pay CONSULTANT from a CITY account under the exclusive control of CITY. Section 11. Insurance. CONSULTANT shall submit to CITY certificates indicating compliance with the following minimum insurance requirements, to be maintained during the term of this agreement, not less than one (1) day prior to the beginning of performance under this Agreement. 1. Worker's Compensation Insurance to cover its employees as required by the California Labor Code. The CONSULTANT shall require all subcontractors similarly to provide such compensation insurance for their respective employees. 2. General liability protecting CONSULTANT in an amount no less than $1,000,000 per occurrence, $1,000,000 in the aggregate, for bodily injury, personal injury and property damage. Automobile liability protecting CONSULTANT in an amount not less than $500,000 per accident for bodily injury and property damage. Employer's liability protecting CONSULTANT in an amount no less than $1,000,000 per accident, bodily injury or disease. CONSULTANT agrees to maintain in full force and effect during the term of this Agreement professional errors and omissions insurance in an amount not less than $1,000,000 per claim, and in the aggregate. Such policies of insurance shall: (a) Be issued by an insurance company which is admitted to conduct business in the State of California and which is rated in Best's Insurance Guide with a rating of A VII or better. (b) Except for Worker's Compensation and Employer's Liability, name and list as additional insureds the CITY, its officers and employees. (c) Except for Worker's Compensation and Employer's Liability, such insurance policies shall be primary to any other similar insurance and shall name the CITY, its officers, agents and employees, as additional insureds. Each insurance policy shall contain a provision that prohibits cancellation, without thirty (30) days prior written Page 7 of 11 • notice to the CITY. The insurance certificates evidencing such insurance and endorsements naming the CITY, its officers, employees, and agents as additional insureds, shall be submitted to the CITY for review and thereafter the CITY shall have the right to approve or disapprove any insurance procured by CONSULTANT under the standards of this section. Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT'S liability or as full performance of CONSULTANT'S duties to indemnify, hold harmless, and defend under this Agreement. (d) Except for Worker's Compensation •and Employer's Liability, indemnify the CITY from liability from loss, damage or injury to persons or to property arising from CONSULTANT'S negligent acts in connection with the performance of services under this Agreement. (e) Except for Worker's Compensation and Employer's Liability, include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit it brought, except with respect to the limit of the insurer's liability." (f) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the CITY of such cancellation." (g) Cover the operations of CONSULTANT pursuant to the terms of this Agreement. (h) Be acceptable to the City Attorney, and failure to comply with these insurance requirements shall be a material breach of the Agreement. 3. CONSULTANT shall not commence the performance of its services under this contract until the above insurance has been obtained and appropriate Certificates of Insurance have been filed with CITY. CONSULTANT further agrees that a clause substantially similar to this Section 11 will be included in any subcontract executed under this contract. Section 12. Indemnification. CONSULTANT agrees to defend and indemnify the City, its officers, employees, and agents against, and will hold and save them and each of them harmless from damages to persons or property, penalties, obligations, Page 8 of 11 0 0 liabilities, and costs, including but not limited to reasonable costs of defense, that may be claimed by any person, firm, entity, corporation, political subdivision or other organization to the extent caused by the negligent acts or intentional tortious acts, errors or omission of CONSULTANT or those for whom CONSULTANT is legally responsible. However, if any information or data prepared or provided by consultant is misused by an agent of the City, consultant shall not be responsible for such misuse of data. Section 13. Termination. The executory provisions of this Agreement may be terminated by CITY upon five (5) days written notice to the CONSULTANT without further action by CITY. The executory provisions of this agreement may be terminated by the CONSULTANT upon thirty (30) days written notice to the CITY. In the event of such termination by the CITY, the CITY shall pay the CONSULTANT for work satisfactorily completed to date of such termination, but in no event to exceed the compensation described in Section 3 of this agreement, based on the percentage of completion of CONSULTANT's work on the date of termination, provided such work is in a form usable by CITY. Section 14. Notice. Any notice or materials required to be given to the CONSULTANT shall be deemed duly and properly given upon delivery, if sent to CONSULTANT postage prepaid to: Abe Leider, AICP, Senior Planner Rincon Consultants, Inc. 790 E. Santa Clara St. Ventura, CA 93001 or personally delivered to CONSULTANT at such address or other address specified to the CITY in writing by CONSULTANT. Any notice or materials required to be given to the CITY shall be deemed duly and properly given upon delivery, if sent to the CITY postage prepaid to: Page 9 of 11 r • Community Development Director Kit Fox, AICP, Associate Planner City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 or personally delivered to CITY at such address or other address specified to the CONSULTANT in writing by the CITY. Section 15. Entire Agreement. This agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT. Section 16. Litigation Costs. Should any dispute under this Agreement lead to litigation, the prevailing party shall be entitled to reasonable attorneys' fees for the prosecution of the action. Section 17. Applicable Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. Venue for any action arising from this Agreement, including but not limited to matters concerning validity, construction, performance or enforcement shall be exclusively in the state of federal courts located in Los Angeles County. Section 18. Business License Required. Consultant shall obtain and maintain a City Business License prior to commencing preparation of the Environmental documentation as outlined in this agreement. Section 19. Merger Clause. This Agreement and its Exhibits are the entire understanding of the parties, and there are no other terms or conditions, written or oral, controlling this matter. In the event of any conflict between the provisions of this Agreement and any of its Exhibits, the provisions of this agreement shall prevail. Section 20. Provisions Cumulative. The foregoing are cumulative and in addition to and not in limitation of any other rights or remedies available to the CITY. Page 10 of 11 • Section 21. Anti-Waiver Clause. None of the provisions contained herein shall be waived because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived in whole or in part. EXECUTED the day and year first stated above. "CITY" CITY OF RANCHO PALOS VERDES Attst: By )10 ; /V/h Stefa 9'olowicz, MAYOR City Clerk "CONSU TANT" ' incon Consultants, Inc. By MA (Name/Title) Exhibits: 'A' Proposal: Scope of Work, Project Schedule, Cost Estimate, Rate Schedule `B' Clarification of Zone 2 EIR Proposal and Revised Project Schedule M:\Projects\ZON2009-00409(Zone 2 Moratorium Revisions)\Professional Services Agreement_Rincon.doc Page 11 of 11