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CC SR 20170620 G - PSA with LSA Assoc for On-Call Biological Consulting ServicesRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 06/20/2016 AGENDA HEADING: Consent Calendar Consideration and possible action to enter into a Professional Services Agreement with LSA Associates, Inc. to provide on-call biological consulting services. RECOMMENDED COUNCIL ACTION: (1) Approve a two-year Professional Services Agreement with LSA Associates, Inc. to provide on-call biological services until June 30, 2019, with an option for the City Manager to approve an extension of the Agreement for one additional year. FISCAL IMPACT: The services provided under this contract will not exceed a cost of $75,000. Amount Budgeted: Varies Depending on Project Additional Appropriation: N/A Account Number(s): Varies Depending on Project ORIGINATED BY: Amy Seeraty, Associate Planner,:.'i REVIEWED BY: Ara Mihranian, AICP, Director of Community Development. APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Professional Services Agreement for Biological Consulting Services (page A- 1) B. LSA Associates Inc. Proposal for Biological Consulting Services (page B-1) BACKGROUND AND DISCUSSION: On May 1, 2012, the City Council approved a one-year Professional Services Agreement with URS Corporation to provide on-call biological and arboricultural services. This Agreement was extended on June 4, 2013, for an additional two years, and then on June 2, 2015, for an additional two years (until June 30, 2017). As it has been some time since the City has gone out to bid for biological consulting services for the Community Development Department and the City desires to obtain the best combination of price and quality, a Request for Proposal (RFP) was issued to ten (10) biological consulting firms located in the Los Angeles and Orange County area on April 12, 2017. In response to the City's RFP, timely proposals were received by the following three (3) firms: • Bloom Biological Inc., 1 Chambers Group; and LSA Associates, Inc. On May 16, 2017, the City held interviews with the three prospective firms. The firms were evaluated based on multiple criteria, including but not limited to: the experience of the firm and associated individuals, understanding of the scope of work, references, the depth of resources to perform the work, the availability (schedule) of the firm, familiarity with the City and the Peninsula as a whole, and the proposed cost. After reviewing each proposal and conducting interviews with these three firms, LSA Associates, Inc. (LSA) was chosen as the best value for the on-call biological Professional Services Agreement. This was based on their familiarity with the Peninsula communities (particularly the City of Rancho Palos Verdes), understanding of the scope of work, and experience working with other municipalities. LSA has also previously provided the City with biological consulting services by conducting preliminary environmental research and analysis pertaining to biological resources for the Alta Mira Canyon Drainage/Erosion Control project. Staff finds that LSA is best qualified to provide the City with on-call biological services based on the fee schedule attached to the Agreement. The on-call biological services may include the peer review of biology reports submitted by applicants, preparing biology reports for City -sponsored projects, conducting seasonal botanical and biological surveys, preparing and reviewing environmental documents pursuant to the California Environmental Quality Act (CEQA), and providing the City with recommendations and mitigation measures regarding biological impacts. Costs associated with biological services provided by LSA will not be borne by the City for private development projects as these costs will be paid by the projects' applicants. Furthermore, in the event that biological services for City -sponsored projects are needed, the City can use the services of LSA and the costs would be covered for that specific project by that funded program. The City Attorney as well as the Consultant have reviewed and approved the attached Professional Service Agreement. CONCLUSION: Staff recommends that the City Council authorize the Mayor and City Clerk to enter into a Professional Service Agreement with LSA Associates, Inc. to provide on-call biological consulting services through June 30, 2019. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council's consideration: Direct Staff to solicit additional bids for biological consulting services. 2 2. Direct Staff to enter into a Professional Services Agreement with Bloom Biological, Inc. or Chamber Group. 3. Identify any issues of concern that may require further study and direct Staff to provide additional information at a subsequent meeting. 4. Authorize the Mayor and City Clerk to execute a Professional Service Agreement for an alternative period of time. 9 CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and LSA ASSOCIATES INC. For BIOLOGICAL CONSULTING SERVICES DRAFT A-1 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND LSA ASSOCIATES, INC. THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this day of June, 2017 by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and LSA ASSOCIATES, INC., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties". RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall A-2 DRAFT mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 01203.0005/382114.1 -2- A-3 DRAFT 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither parry shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement, the provisions of Exhibit `B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy -Five Thousand Dollars ($75,000) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as 01203.0005/382114.1 -3- A-4 DRAFT specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -contractor contracts. Sub -contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 01203.0005/382114.1 -4- A-5 DRAFT 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (18 0) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit «D„ ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Art Homrighausen Principal in Charge (Name) (Title) Erin Martinelli (Name) Project Manager (Title) 01203.0005/382114.1 -5- A-6 DRAFT It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the Director of Community Development or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of 01203.0005/382114.1 -6- A-7 DRAFT Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87,) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to 01203.0005/382114.1 -7- " DRAFT services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit `B". 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self- insured retention. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following "cancellation" notice: 01203.0005/382114.1 -8- A-9 DRAFT CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5. 1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' -9- A-10 01203.0005/382114.1 DRAFT negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. 01203.0005/382114.1 -10- A-11 DRAFT ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared 01203.0005/382114.1 -11- A-12 DRAFT by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 01203.0005/382114.1 -12- A-13 DRAFT 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. -13- A-14 01203.0005/382114.1 DRAFT 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be -14- A-15 01203.0005/382114.1 DRAFT deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liabili . of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. -1s- A-16 01203.0005/382114.1 DRAFT ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision -16- A-17 01203.0005/382114.1 DRAFT relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant's Authorized Initials 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 01203.0005/382114.1 -17- A-18 DRAFT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. ATTEST: Emily Colborn, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP David J. Aleshire, City Attorney CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Brian Campbell, Mayor CONSULTANT: LSA ASSOCIATES, INC., a California corporation Lo Name: Title: By: Name: Title: Address: Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01203.0005/382114.1 - is - A-19 DRAFT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2017 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01203.0005/382114.1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE A-20 DRAFT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2017 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE A-21 DRAFT EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform biological consulting services on an as -needed basis ("Services") as requested by the City, including: A. Conduct Seasonal Botanical and Bird and Nesting Survey Consultant may gather existing data on biological resources for proposed project sites and identify known and reported occurrences of rare plant species and sensitive habitats in the region based on a field survey. Consultant may also be asked to conduct bird and nesting surveys associated with construction projects. Consultant may submit to the City a written memorandum stating findings and recommendations. B. Conduct Biological Field Survey Consultant may conduct a biological field survey to observe common and special status wildlife and plant species present at a project site, including bird and nesting surveys. C. Conduct California Gnatcatcher Surveys. Consultant may conduct surveys for the federally listed threatened California Gnatcatcher in accordance with the United States Fish and Wildlife protocol. Consultant may conduct fieldwork during the annual breeding season of February 14th through August 31St, unless otherwise directed. Consultant may submit to the City a written memorandum stating the methodology, findings and recommendations of the field survey D. Prepare CEQA Related Documents for Biological Resources. In accordance with the California Environmental Quality Act ("CEQA"), proposed projects may require the preparation of environmental documents, particularly relating to biological resources. Such environmental documents may include, but not be limited to, Initial Study Checklists and Mitigated Negative Declarations. Consultant may prepare these documents based on existing data and field surveys as they relate to the proposed project. Consultant may include in a written report to the CITY specific recommendations, including mitigation measures for all significant impacts to biological resources. E. Peer Review of Biological Reports. Consultant may assist the City in reviewing any biological resource reports submitted by a project applicant for accuracy, thoroughness, logic, completeness, and soundness of any assessments and mitigations proposed. Consultant may review such reports in accordance with CEQA. A-22 DRAFT F. Public and Project Meetings. i. Consultant shall attend the following meeting as requested by the City to answer questions and provide information related to the Services: 1. Public meetings, including meetings of the Rancho Palos Verdes City Council and Planning Commission pursuant to the procedures set forth in the City's Local View Restoration Guidelines and Procedures; 2. Scoping meetings for projects for which Consultant may perform Services. ii. Consultant shall assist the City with preparation of graphic materials and presentations for use at the meetings described above in Subsection (i). Il. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Work Proposals. Prior to the start of each project, a Work Proposal establishing Consultant's personnel and applicable hourly rates which shall be utilized to accomplish the Services for that project shall be submitted to the City within one (1) calendar week of receipt of a request from the City for a Work Proposal. Consultant shall not perform any of the Services without having received the City's prior written approval of a Work Proposal which includes those Services. Consultant shall not utilize personnel and hourly rates other than those specified in a Work Proposal to perform the Services in the Work Proposal unless Consultant receives prior written authorization from the City. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Weekly updates which include a summary of the activities undertaken for each specific project. B. Monthly updates with narrative descriptions and overview of all Services performed by Consultant during the preceding month. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Erin Martinelli, Senior Biologist A-23 B. Art Homrighausen, Principal Biologist DRAFT A-24 DRAFT EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) I. Subdivision (a) of Section 6.4, "Confidentiality and Release of Information," is hereby amended to read as follows (new text is identified in bold italics, deleted text in s4ike thfough): (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. The only exception to this confidentiality and nondisclosure requirement is as follows: Consultant holds multiple permits from the California Department of Fish and Wildlife and United States Fish and Wildlife Service, which allow for surveys for certain species. The conditions of some of these permits require reporting of survey results to the foregoing governmental agencies within specified timeframes. City authorization of Consultant to perform these surveys will also constitute authorization for Consultant to provide the survey results to the permitting agencies. 01203.0005/382114.1 A-25 DRAFT EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the Services with the personnel and hourly rates set forth in each Work Proposal (described above in Section II of Exhibit A), which shall be approved by the Contract Officer prior to commencing any of the Services. The personnel and hourly rates in each Work Proposal shall be selected from and consistent with the billing rates schedule attached to this Agreement as Exhibit C-1. II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed $75,000 as provided in Section 2.1 of this Agreement. V. The Consultant's billing rates for all personnel are attached as Exhibit C-1. A-26 DRAFT EXHIBIT 66C-1" Consultant's Billing Rates Job Classification Hourly Description Unit Cost Reproduction (8.5 x 11) B/W $0.07 per page it $75.00 per day Rate Planning Environmental Transportation Air/Noise Cultural Biology GIS Ran e' Principal Principal Princi al Princi al Principal Principal Principal $170-325 Associate Associate Associate Associate Associate Associate Associate $85-230 Senior Senior Senior Senior Air Senior Cultural Senior Biologist/ Senior $90-195 Planer Environmental Transportation Quality/Nois Resources Botanist/Wildlife GIS Planner Planner/Engineer a Specialist Manager Biologist/Ecologist/ Specialist Soil Scientist/ Herpetologist/ Arborist Planner Environmental Transportation Air Quality/ Cultural Biologist/Botanist/ GIS $70-150 Planner Planner/Engineer Noise Resources Wildlife Biologist/ Specialist Specialist Manager Ecologist/Soil Scientist/ Herpetologist/ Arborist Assistant Assistant Assistant Air Quality/ Cultural Assistant Biologist/ Assistant $65-110 Planner Environmental Transportation Noise Resources Botanist/Wildlife GIS Planner Planner/Engineer Analyst Analyst Biologist/Ecologist/ Specialist Soil Scientist/ Herpetologist/ Arborist Field Services Senior Field Crew/Field Crew $65-90 Office Services Research Assistant/Technician $45-60 Graphics $105-125 Office Assistant $55-100 Word Processing/Technical Editing $75-110 The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $400 per hour regardless of job classifications. LSA IN-HOUSE DIRECT EXPENSES EFFECTIVE JANUARY 2017 Description Unit Cost Description Unit Cost Reproduction (8.5 x 11) B/W $0.07 per page it $75.00 per day Reproduction (8.5 x 11) Color $0.40 per page ation Surveying Instrument $50.00 per day Reproduction 11 x 17 B/W $0.10 per page aser or Optical) $25.00 per da Reproduction (11 x 17) Color $0.75 per page angefinder $25.00 per day CD Production $5.00 per CD eter $75.00 per day USB Flash Drive $5.00 per drive eter with VelocityTransducer $85.00 per da Plotting $3.75 per sq ft hoto Cost Mileage (IRS approved 1/1/2017) On -Road $0.535 per mile ntal $125.00 er day Mileage Off -Road $0.69 er mile uality Meter $25.00 per day 01203.0005/382114.1 A-27 DRAFT EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Unless earlier terminated in accordance with Article 7 of this Agreement, the term of this Agreement shall be from July 1, 2017, to June 30, 2019 ("Term"). II. The City may, in its sole and unfettered discretion, extend the Term of this Agreement without change to the compensation formula for one year, by exercising a one-year extension. III. Consultant shall perform all Services timely in accordance with each Work Proposal to be developed by Consultant and subject to the written approval of the Contract Officer. IV. Consultant shall deliver the following tangible work products to the City by the following dates. A. Graphic and presentation materials as set forth in Subsection F(ii) of Section I of Exhibit A. B. Work Proposals set forth in Section II of Exhibit A within one (1) week following receipt of a Work Proposal request from the City. C. Weekly and monthly status reports as set forth in Section III of Exhibit A. V. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2. • I Tl •ter• X1 < t W � 999 ' NAr r BERKELEY LSA CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE May 4, 2017 SAN LUIS OBISPO Amy Seeraty Associate Planner Community Development Department City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 92075 Subject: Request for Proposal and Qualifications to Provide Biological Consulting Services Dear Ms. Seeraty: LSA is delighted to submit this proposal for biological consulting services for the City of Rancho Palos Verdes (City). LSA believes it represents the best team, with the experience, unique expertise, depth of staff, reliability, and commitment to meet the City's needs. For 40 years, LSA has continually expanded its services to include virtually all environmental planning and permitting -related services to provide a "one-stop" firm for the completion of documentation pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). LSA has assembled a uniquely qualified team to provide the full breadth of biological consulting services identified in the General Scope of Work of the Request for Proposal. LSA offers a wide range of biological consulting services with expertise in wildlife biology and compliance with nesting bird protections as required by the Laws and Treaties of the United States for Protecting Migratory Birds (commonly known as the Migratory Bird Treaty Act), as well as the California Department of Fish and Wildlife, CEQA, NEPA, and locally adopted ordinances. LSA has previously worked with the City providing environmental documentation and technical studies including biological resource assessments for the Altamira Canyon Drainage/Erosion Control Project, the Palos Verdes Drive Realignment, and the General Plan Update. LSA has assembled and organized a highly qualified team to effectively manage this on-call contract. LSA will address City task orders in a timely manner as they are received. The LSA Team is prepared to handle multiple task orders issued simultaneously or in a short period of time. I will serve as the Principal in Charge and am committed to providing oversight through project completion. Erin Martinelli will be the Project Manager and the primary point of contact. Currently, we are both working on the City of Long Beach Tidelands Projects and the City of Irvine University Drive Widening Project, providing biological consulting services and nesting bird surveys. Combined, we bring more than 40 years of experience working with various cities in Southern California. We will evaluate each task order as it is received; assign responsibilities; provide oversight; and manage the workload, schedule, and deliverable products. 20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.Isa.net LSA Over the years, LSA has been awarded numerous on-call contracts with cities, transportation agencies, and other municipal agencies (e.g., the City of Long Beach, the City of Irvine, the Los Angeles County Metropolitan Transportation Authority, the Metropolitan Water District, the County of Orange, the California Department of Transportation, the Transportation Corridor Agencies, and Orange County Public Works) to provide various environmental and biological services. The firm's success in providing on-call services is based on its ability to respond quickly to a wide variety of task orders and provide a unique team of experts based on the needs of each task order. Contact information for the LSA Management Team is as follows: Art Homrighausen Principal in Charge 20 Executive Park, Suite 200 Irvine, CA 92614 Phone: (949) 553-0666 Email: art.homrighausen@lsa.net Erin Martinelli Project Manager 20 Executive Park, Suite 200 Irvine, CA 92614 Phone: (949) 553-0666 Email: erin.martinelli@lsa.net LSA has reviewed the Sample Agreement and finds the terms acceptable. However, in regard to Article 6.4: Confidentiality and Release of Information: Any authorization of surveys that require permits with reporting requirements will also constitute authorization for LSA to provide those reports to the permitting agencies. Based on LSA's review of the scope of services, evaluation criteria, response requirements, and insurance requirements, LSA is proud to present this submittal that is in full compliance with all parts of the solicitation. LSA does not foresee any conflicts that would affect the firm's ability to provide the requested services to the City and LSA looks forward to continuing to provide knowledge and expertise to the City. This proposal shall remain valid for 90 days following the date of issue. If you have any questions regarding this proposal, please contact Ms. Martinelli or me. Thank you for considering the LSA Team. Sincerely, LSA Associates, Inc. t,�x2b fl �, Art Homrighausen Principal Biologist Attachment: Proposal (10 copies) M TABLE OF CONTENTS STATEMENT OF QUALIFICATIONS................................................................................ 1 PROJECT APPROACH TO ON-CALL ASSIGNMENTS........................................................ 3 Project Management Approach.................................................................................................... 4 Exemplary Customer Service Philosophy...................................................................................... 5 PROJECT EXPERIENCE.................................................................................................. 6 KEY PERSONNEL........................................................................................................ 10 COST AND BILLING RATES......................................................................................... 16 SCOPEOF WORK....................................................................................................... 17 Conduct Seasonal Botanical And Bird And Nesting Surveys....................................................... 17 Conduct Biological Field Surveys................................................................................................. 18 Conduct California Gnatcatcher Surveys..................................................................................... 18 Prepare California Environmental Quality Act -Related Documents For Biological Resources.................................................................................................................................... 18 Peer Review Of Biological Reports.............................................................................................. 19 PublicMeetings........................................................................................................................... 19 REFERENCES............................................................................................................. 21 FIGURE OrganizationalChart............................................................................................................................. 15 APPENDICES A: RESUMES B: STANDARD BILLING RATES STATEMENT OF QUALIFICATIONS LSA is pleased to submit this proposal for biological consulting services on an as -needed basis to the City of Rancho Palos Verdes (City). LSA is a diversified environmental, transportation, and community planning firm designed to meet the need for environmental evaluation in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Established in 1976 and with a staff of more than 230 professionals, LSA has 10 offices located throughout California including Los Angeles, Irvine (corporate headquarters), Berkeley, Carlsbad, Fresno, Palm Springs, Point Richmond, Riverside, Roseville, and San Luis Obispo. LSA is a 100percent employee -owned company wherein each employee has a personal stake in meeting the needs and exceeding the expectations of its clients. LSA has been in business for 40 years and provides expert services in environmental analysis, wetlands/waters assessment, habitat restoration, natural resource management, transportation planning and engineering, traffic impact analysis, water quality analysis, geographic information systems (GIS), community and land planning, cultural resources management, air quality impact assessment, and noise analysis. LSA is recognized as an innovator in the field of environmental impact assessment and has developed a reputation among clients and professional peers in both the public and private sectors as being thorough, innovative, and objective. To best serve clients' needs, LSA is organized into several disciplines. The following sections describe the company's specific capabilities as they pertain to this specific contract. BIOLOGICAL RESOURCES: The LSA staff is known for expertise in the evaluation, management, and restoration of biological resources. Biology is the largest technical discipline within LSA, with nearly 50 full-time biology/natural resources personnel. When combined with LSA's 40 years of experience preparing and processing environmental and technical documents and conducting biological surveys, LSA's multidisciplinary staff is ideally suited to provide expert, responsive services to the City. LSA's staff of scientists prepares biological resource inventories, constraints analyses, and impact assessments. LSA's extensive • Nesting bird surveys • Surveys for rare, threatened, and endangered species • Natural resource inventories and habitat evaluations • Analyses of biological opportunities/constraints • Wildlife hazard assessments • Arborist evaluations • Impacts and mitigation for environmental documents • Habitat restoration and mitigation planning • Wetland/waters delineations • Sections 404,401, and 1602 permitting • Section 404(b)(1) alternatives analyses • Natural Resource Management Plans • Coastal development permitting • Federal and California Endangered Species Act consultation • Habitat conservation plans • Construction and restoration monitoring experience in wetlands analysis, jurisdictional delineations, special -status species evaluation, and environmental permitting is respected by both clients and regulatory agency staff. LSA designs habitat restoration plans and mitigation programs, implements and monitors revegetation programs, and coordinates with multiple State and federal agencies on complex biological and wetlands/waters permitting issues. This expertise centers around professionals on staff who are proficient in environmental management, biological assessment, botany, entomology, wildlife surveys/monitoring, habitat restoration/enhancement, mitigation, native plant horticulture, soil science, forestry, plant ecology, and field operations. MIGRATORY BIRD NESTING SERVICES: LSA offers tremendous depth of experience in biological consulting with expertise in wildlife biology and compliance with the nesting bird protections required by the Migratory Bird Treaty Act (META), as well as CEQA, NEPA, and locally adopted ordinances. LSA's qualified biologists have extensive experience with avoidance and minimization measures used to avoid the take of active bird nests, working with resource agencies to create and implement Nesting Bird Management and Monitoring Plans, and monitoring nesting special -status species. LSA biologists are proficient in helping clients comply with Standard Conditions of Approval and documenting compliance with State and federal laws pertaining to the protection of nesting birds. THREATENED AND ENDANGERED SPECIES: LSA biologists know the requirements of the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA). LSA biologists conduct focused field surveys for ascertaining the presence or absence of threatened, endangered, or otherwise special-interest species on a project site. LSA has prepared hundreds of Biological Assessments in support of FESA Section 7 consultations and has developed management and mitigation plans for a variety of listed species. The LSA staff includes more than 50 professional biologists experienced with virtually all listed species commonly encountered on permit actions and who hold the necessary permits to conduct protocol surveys. ENVIRONMENTAL ANALYSIS: Navigating the requirements of CEQA and NEPA is an important part of project development in California. LSA offers broad expertise in environmental analysis and can guide your project through all aspects of CEQA and NEPA compliance and mitigation plans. Working across multiple technical disciplines, LSA's environmental planners and specialists combine their knowledge of science and regulation with creative problem -solving skills to provide innovative, practical, and efficient solutions. This balanced approach enables LSA to provide thorough, credible, and objective analysis that meets all agency requirements without compromising project objectives. LSA offers highly efficient and responsive support to both public and private sector clients. PROJECT APPROACH TO ON-CALL ASSIGNMENTS LSA understands that an on-call assignment requires an "on-call" obligation. The team must act quickly, must be responsive, knowledgeable, and ready to use its experience for a wide range of possible requests, and must be solution oriented. LSA's experience has led the firm to one common denominator when working under an on-call assignment: constant, clear, productive communication. If selected for on-call services, LSA will be responsive and efficient, with frequent and purposeful communication with City staff. Because task orders are assigned by the City, each task will be evaluated by the Project Manager and assigned to the most appropriate key personnel. In addition to assigning the most knowledgeable staff to each task, LSA will use the appropriate level of technology in all assignments. LSA's project management approach is to assign responsibility for the delivery of a quality project on time and within budget. ERIN MARTINELLI, LSA's Project Manager, will have responsibility for maintaining an effective working relationship with the City and supervising the technical performance of all team members throughout the life of this consulting engagement. Ms. Martinelli will ensure the City is kept informed of all significant project information on a timely basis throughout the life of all assignments by way of informal and formal reporting via email or telephone. LSA's Principal in Charge, ART HOMRIGHAUSEN, will be responsible for quality assurance, and will ensure all deliverables are free of errors and that LSA's Quality Control Plan is implemented in all aspects of this contract. LSA staff is committed to maintaining schedules and controlling costs. Before bidding on a project, LSA evaluates the workload and assignments to determine whether the firm can meet the client's goals. LSA pursues projects only when it can comfortably commit the appropriate resources. LSA's reliability is demonstrated by both its track record of success, as summarized in the References section, and its commitment of senior -level staff to any on-call assignments from the City. The following are LSA's methods and procedures for managing schedules and budgets and ensuring that LSA's quality assurance procedures are maintained: COMMUNICATION: Good project management extends beyond the use of sophisticated tools. LSA's experience has been that the single most critical element for the successful completion of a project is the early development of clear channels of communication among LSA's project management and all other parties involved. At a minimum, monthly status reports are prepared by LSA's Project Managers that include narrative descriptions of all the major activities performed during the month. However, contact with the client typically occurs much more frequently. • UNDERSTANDING THE ISSUES: Most of LSA's staff members have 5 or more years of professional experience with LSA. The staff has developed the ability to identify key issues and solutions, which assists in foreseeing problems and avoiding potential cost overruns or schedule delays. These skills are used to advise LSA's clients of impending issues and to assist in resolving those issues. AM • PRODUCT REVIEW: To ensure that LSA's product meets the best technical and professional quality and adheres to the highest industry standards, LSA has developed an internal document review program for each document that leaves the office. Once a document is prepared, it is reviewed by a professional editor and then receives technical review by a Principal prior to its release. • BUDGET CONTROL: Billing for LSA's projects is tracked by internal accounting software on a weekly basis. To assist in maintaining tight control over project budgets, each Project Manager is provided 24-hour access to their projects' budget status through his or her desktop computer. • COMMITMENT OF SENIOR PERSONNEL: When appropriate, LSA uses upper-level, experienced personnel not just as supervisors but as the primary investigators and authors of technical analyses and planning documents. This use of upper-level staff eliminates the need for multiple internal reviews. LSA has found that in some situations, it is most cost effective and schedule efficient to use senior staff members. • COMMITMENT TO SCHEDULING NEEDS: LSA's commitment to meeting scheduling needs and project demands extends to doing whatever it takes to complete the job. Due to the nature of some of LSA's past on-call contracts, project schedules have occasionally demanded staff time at night and on weekends. • QUALITY MANAGEMENT: LSA manages quality throughout the life of the project, not merely at the end of the project. LSA's overall goal is to improve quality on each subsequent project. This requires the implementation of strategies to improve quality at the very beginning of each project and then applying those strategies throughout the duration of the project and beyond. PROJECT MANAGEMENT APPROACH LSA's Quality Control Plan and Procedures include these specific quality management tasks: • Assign the most appropriate Project Manager to the project and assure that person's availability throughout the project. • During contract negotiations, have the LSA Project Manager and Principal in Charge, along with the client manager, systematically review the work program to assure they all have a clear understanding of the project definition and Scope of Work. • Assign a project team with experience on similar projects and coordinate with task managers to ensure staffing availability. • Assure that applicable agency standards, regulations, policies, and procedures are understood by all project team members. • Assure timely completion of project deliverables. • Review the project status with the client manager at regular project intervals to assure implementation of the original Scope of Work and the harmonious functioning of all team 4 B-8 members. Identify any potential conflicts with the schedule or budget due to potential changes in the scope or client direction. • Review performance with the client manager on a regular basis to make any adjustments required for successful project completion and to determine improvements for future projects. EXEMPLARY CUSTOMER SERVICE PHILOSOPHY LSA's customer service philosophy entails a combination of unique expertise, reliability, and commitment to the firm's clients. UNIQUE EXPERTISE: LSA's expertise and experience in natural resources, wetlands, and mitigation monitoring have earned the firm credibility and a reputation for professionalism with local resource agencies. LSA communicates regularly with staff members of the United States Fish and Wildlife Service (USFWS), the California Department of Fish and Wildlife (CDFW), the United States Army Corps of Engineers (USACE), the Regional Water Quality Control Board (RWQCB), the California Coastal Commission (CCC), and various other agencies to ensure its regulatory knowledge is up to date. Working with specialists across disciplines, LSA's biological resources team offers extensive knowledge of the disciplines and regulations, possesses solid problem -solving skills, and provides effective solutions. This balanced approach has earned LSA a reputation for thorough, credible, objective analysis that accommodates agency requirements without compromising client objectives. RELIABILITY: LSA has been in business providing planning, transportation, environmental, and resource management consulting services for more than 40 years. As successfully demonstrated on previous projects, the LSA Team has a track record of delivering on assignments to meet client needs. LSA also has a track record of maintaining staff continuity throughout the entire process. CoMMITMENTTo CLIENTS: In emergency situations, LSA can usually respond in less than 24 hours and mobilize staff to the project location in less than 10 hours, including work that may occur during nighttime hours. LSA has 10 offices strategically located throughout the State, including Los Angeles, and has a diverse staff with many years of both regional and cumulative expertise, which are both critical in providing a fast turnaround when the need arises. F • PROJECT EXPERIENCE LSA has an outstanding record of providing professional consulting services for similar and relevant projects with numerous municipalities throughout California. Most importantly, LSA has been an on- call environmental services consultant to more than 70 agencies in California within the last 5 years. LSA has highlighted the following projects that best represent the company's ability to provide the requested biological consulting services on an as -needed basis. ALTAMIRA CANYON DRAINAGE/EROSION CONTROL PROJECT, Rancho Palos Verdes, California Client: City of Rancho Palos Verdes Key Staff. Art Homrighausen, King Thomas, Jim Harrison, Maryanne Cronin LSA, under contract to Harris and Associates, analyzed the project concept and prepared a scope of services for the Altamira Canyon Drainage/Erosion Control Project environmental phase for the City of Rancho Palos Verdes Public Works Department. The City proposes to address drainage and erosion control issues associated with Altamira Canyon through the construction of drainage improvements from Narcissa Drive (east of Sweetbay Road) to south of the outlet of the large - diameter corrugated metal pipe to 100 feet short of the Pacific Ocean, a distance of approximately 4,700 linear feet. The scope of services includes preparing an Initial Study/Mitigated Negative Declaration (IS/MND) (for CEQA compliance) and supporting technical studies. Technical studies in support of the IS/MND will include air quality, global climate change and greenhouse gas emissions, noise, jurisdictional delineation, biological assessment, focused surveys for plants and animals, cultural resources assessment, paleontological resources assessment, and an IS/MND hydrology and water quality section. Applications will be prepared for a Section 404 Individual Permit and a Section 401 Water Quality Biological assessments and Certification under the Clean Water Act (CWA), a California Fish focused plant and animal and Game Code Section 1602 Streambed Alteration Notification, surveys for the City. and a Coastal Development Permit. If federal funds are identified, the project would also require compliance with NEPA and would require preparation of an Environmental Assessment/Finding of No Significant Impact with supporting technical studies. CITY OF LONG BEACH ON-CALL PROFESSIONAL SERVICES/TIDELANDS PROJECTS, Long Beach, California Client: City of Long Beach Key LSA Staff. Erin Martinelli, Art Homrighausen LSA provides biological consulting services associated with obtaining the necessary permits for several City of Long Beach On-call biological services projects that are planned within the tidal and/or coastal zone. for a local public agency. These permits include Coastal Development Permits from the CCC, Section 404 of the CWA and Section 10 of the Rivers and Harbors Act authorizations from the USACE, and CWA Section 401 Certifications from the RWQCB. Additional biological consulting services include conducting nesting bird surveys. UNIVERSITY DRIVE WIDENING PROJECT, Irvine, California Client: Harris and Associates for the City of Irvine Key LSA Staff. Erin Martinelli, Art Homrighausen, King Thomas, Maryanne Cronin The City of Irvine plans to widen University Drive between MacArthur Boulevard and Campus Drive. University Drive runs parallel to the San Diego Creek in the project area and a portion of the project is located in the Nesting bird surveys for a Coastal Zone. LSA applied for and obtained a Coastal public agency. Development Permit from the CCC and will conduct preconstruction nesting bird surveys for the project. SOUTH REGION LANDFILLS — PRIMA DESHECHA LANDFILL ON-CALL SERVICES, Orange County, California Client: Orange County Waste & Recycling Key LSA Staff: Erin Martinelli, Art Homrighausen, Jim Harrison, Leo Simone, Richard Erickson, Lonnie Rodriguez, Laura Magee, Leeann McDougall LSA is currently entering into its third consecutive 3 -year On -Call Biological Services Contract for OC Waste & Recycling South Region Landfills, primarily at the Prima Deshecha Landfill. Tasks to date have included regulatory permitting, jurisdictional delineation, habitat mapping, mitigation planning and design, monitoring of habitat restoration, special -status species surveys and monitoring, cultural resource assessment, archaeological/paleontological monitoring and cataloging of artifacts/fossils, and noise and air quality analysis. LSA has performed ongoing special -status species surveys and monitoring per the requirements of existing regulatory permits (in particular, the Biological Opinion from the USFWS) and CEQA compliance measures. This includes conducting focused surveys and nest monitoring for the federally listed as threatened coastal California gnatcatcher (Polioptila californica californica) and the State- and federally listed as endangered least Bell's vireo (Vireo bellii pusillus), as well as floristic -level surveys, with special emphasis on the State - listed as endangered and federally listed as threatened thread -leaved brodiaea (Brodiaea filifolia). LSA has monitored more than 300 acres of on-site coastal sage scrub, native grassland, and riparian habitat restoration as mitigation. The firm has monitored the installation and maintenance activities performed by the habitat restoration contractor, collected quantitative data, prepared On-call biological services monitoring reports for the individual mitigation areas, and including botanical and designed adaptive management plans for the ongoing nest monitoring surveys. restoration activities. As part of the USACE Individual 404 Section 106 permit compliance, LSA performed an analysis of project impacts to historic resources in B-11 advance of impacts as well as a report documenting the results of the analysis. LSA also performed archaeological/paleontological monitoring during construction activities. Transportation Corridor Agencies On -Call Professional Services, Orange County, California Client: Transportation Corridor Agencies Key LSA Staff. Art Homrighausen, Jim Harrison, King Thomas, Richard Erickson, Maryanne Cronin LSA has been working with the Transportation Corridor Agencies (TCA) for 30 years and has extensive experience providing biological and environmental analysis services, as well as obtaining required permits from resource agencies. The following is a summary of some of the projects on which LSA has assisted the TCA: • SAN JOAQUIN HILLS STATE ROUTE 73 — LSA first worked with the TCA on preparation of the Environmental Impact Reports (El R)/Environmental Impact Statement (EIS) for the San Joaquin Hills Transportation Corridor (State Route 73). Included in this effort were preparation of a biological assessment and conducting Section 7 consultation for impacts to the California gnatcatcher and least Bell's vireo. The mitigation program included the revegetation of portions of the Coyote Canyon Landfill with coastal sage scrub vegetation as part of the mitigation for the California gnatcatcher. Other tasks included preparation of the conceptual wetlands mitigation plans and assisting with processing the Coastal Development Permit through the CCC. Subsequently, LSA was selected to conduct paleontological monitoring and salvage during construction of State Route 73. • EASTERN TRANSPORTATION CORRIDOR MITIGATION HABITAT PERFORMANCE MONITORING — LSA provided biological resources for this multifaceted multiyear monitoring program for the Foothill and Eastern Transportation Corridors through preserved open space in Orange County. The work performed included a 5 -year program monitoring the performance of wildlife undercrossings, as well as revegetation and habitat mitigation efforts. FOOTHILL TRANSPORTATION CORRIDOR -NORTH SOUTHBOUND WIDENING ADDENDUM — LSA prepared an updated Addendum to the original 2005 Addendum prepared for the widening of a segment of State Route 241 (SR -241) between Bake Parkway and Santa Margarita Parkway. The proposed widening included bridge widening at Aliso Creek and Oso Reservoir, which required permits from the resource agencies. • SOUTH ORANGE COUNTY TRANSPORTATION INFRASTRUCTURE IMPROVEMENT PROJECT/FOOTHILL TRANSPORTATION CORRIDOR -SOUTH — Starting in 2005, LSA worked with the TCA on the Final Supplemental EIR and Final EIS for the proposed completion of the Foothill Transportation Corridor -South. The proposed project is the extension of SR -241 to Interstate 5 near the Orange County/San Diego County border. Though the project was halted by the Secretary of Commerce citing the coastal consistency issue, LSA continues to work with the TCA on alternatives. • STATE ROUTE 241/STATE ROUTE 91 EXPRESS LANE CONNECTORS — LSA prepared a preliminary environmental evaluation in support of a feasibility study for high -occupancy vehicle/express lane connectors between northbound SR -241 and eastbound State Route 91 (SR -91). LSA prepared a roject study report in 8 B-12 2011. LSA is currently finalizing a Supplemental EIR/EIS for the Eastern Transportation Corridor for this project. LSA evaluated express lane connectors and determined capacity/demand, and determined impacts within the Orange County Central and Coastal Subregion Natural Community Conservation Plan Area for the freeway project with District 12. LSA coordinated the project closely with the adjacent SR -91 Capital Improvement Project with respect to traffic and footprint. LSA worked closely as a team for comparison with the original project and to minimize impacts, and provided guidance with respect to coordination with the USFWS for the amended biological opinion as well as with the new USACE guidance on impacts to Waters of the United States. LSA also worked with the TCA to identify suitable mitigation areas for impacts to sensitive habitat. • SAN JOAQUIN HILLS CACTUS WREN HABITAT ENHANCEMENT PROJECT — LSA conducted experiments on the San Joaquin Hills Cactus Wren Habitat Enhancement Project in accordance with the Nature Conservancy to develop techniques to enhance cactus wren habitat throughout the San Joaquin Hills. Treatments included translocating mature native cacti to create new patches, enhancing existing patches, and planting immature cacti in experimental configurations. Following installation, LSA monitored these sites on a monthly basis to evaluate the health of the installed and enhanced cactus patches and to document bird use. The translocation experiments were successful in reintroducing cholla to areas in which it had historically occurred and also served to increase overall On-call biological and cover by coastal cholla cacti. The major accomplishment of environmental services. this study was determining efficient methods of salvage and transplantation of cactus specimens. TRANSPORTATION CORRIDOR AGENCIES STAFF SUPPORT SERVICES (GIS, CEQA, NEPA, AND CULTURAL RESOURCES) — LSA has and continues to provide staff support services in the areas of GIS, CEQA and NEPA review and documentation, biological resources, and cultural resources. PALOS VERDES DRIVE REALIGNMENT, Rancho Palos Verdes, California Client: City of Rancho Palos Verdes Key LSA Staff: King Thomas, Denise Woodard As a subcontractor to the CWE Corporation, which was working with the City, LSA provided CEQA-level cultural, biological, and paleontological resource assessment services in support of the City's efforts to realign Palos Verdes Drive in the Portuguese Bend Area of the Palos Verdes Biological reports and botanical surveys. 1- J Peninsula. The road realignment was necessary due to land movement from years of sliding hillsides in the geologically unstable terrain. The biological work included a literature review and inventory of the California Natural Diversity Database and the California Native Plant Society's Electronic Inventory, a field visit, a habitat assessment, a jurisdictional wetland delineation, and a report documenting the survey and assessment. 9 B-13 KEY PERSONNEL LSA is organized to effectively carry out the biological resources requested for this contract and to be responsive to the schedule needs of the City. LSA has assembled a comprehensive team of elite professionals who are experts in their respective fields and are familiar with the complex issues in Los Angeles County. The proposed key personnel have been approved by both the USFWS and the CDFW for a variety of biological tasks and project condition compliance. LSA is committed to providing the highest quality products and services possible to its clients. The Organizational Chart provided at the end of this section depicts LSA's management structure and flow of communication. Full resumes of all key personnel are provided in Appendix A. Ongoing and frequent communication among the Principal in Charge, Project Manager, and the City will serve as the primary vehicle for identifying emerging project issues and determining solutions early in order to minimize schedule impacts. LSA staff will be available and easily accessible for meetings and conference calls as required. The assigned personnel will not be substituted without prior approval from the City. Erin Martinelli, Project Manager Education: M.S., Environmental Studies, B.A., Environmental Studies Permits/Certifications: Authority to conduct presence/absence surveys for the threatened coastal California gnatcatcher; Scientific Collecting Permit CDFW, Permit No. SC -10947,• USFWS Permit No. TE -777965; California Rapid Assessment Method Practitioner. As a Senior Biologist with more than 9 years of experience (8 years with LSA), Ms. Martinelli conducts biological surveys and monitoring throughout Southern California for a variety of projects. Surveys include preconstruction nesting bird, small mammal, and special -status plant and wildlife surveys, in addition to general biological assessments. Ms. Martinelli is permitted to conduct presence/absence surveys for the threatened coastal California gnatcatcher. She also prepares environmental permit applications, including Coastal Development Permits from the CCC, CWA Section 404 authorizations from the USACE, and CWA Section 401 Water Quality Certifications from the RWQCB. Her additional responsibilities and experience include project management, conducting jurisdictional delineations and California Rapid Assessment Method assessments, monitoring habitat restoration, mapping biological resources using global positioning system (GPS) technology, biological monitoring, and writing project reports. She has contributed to the biological consulting services provided to the South Region Landfills, as well as to many other on-call contracts. Ms. Martinelli will use her experience managing biological services contracts, including for the City of Long Beach Tidelands and City of Irvine University Drive Widening projects, to efficiently provide the project management services needed for this contract. 10 B-14 Art Homrighausen, Principal in Charge Education: M.S., Environmental Studies, B.S., Biology Mr. Homrighausen will be available to provide his extensive expertise and knowledge of biological resources with his more than 33 years of experience, (29 years with LSA). He directs a variety of biological studies and preparation of reports, including impact assessments, vegetation and wildlife surveys, riparian and coastal wetlands analyses, endangered species analyses, and mitigation planning. Mr. Homrighausen has completed or directed several hundred biota surveys, impact analyses, and wetlands/riparian analyses throughout all counties in Southern California, and is an expert in the incorporation of such studies into CEQA and NEPA analyses. He is currently working with Ms. Martinelli on the City of Long Beach Tidelands and University Drive Widening projects. Mr. Homrighausen will provide quality assurance for tasks assigned throughout the contract. King Thomas, CEQA Task Leader Education: B.A., Social Ecology Mr. Thomas is an Associate at LSA, bringing more than 28 years of environmental and transportation planning experience. He is responsible for the coordination and preparation of environmental documents and securing environmental permits for a myriad of transportation and development projects. Mr. Thomas' projects involve extensive coordination with local, State, and federal agencies; consultants; landowners and developers; and the general public. His technical environmental and planning expertise includes environmental assessment, preparation of CEQA and NEPA documents, transportation planning, long-range planning, and impacts to parklands and recreational uses. Mr. Thomas has assumed project management duties, including project oversight, coordination with city staff, and document preparation for a variety of projects throughout Southern California, including infrastructure, environmental programs, development and maintenance of public buildings, parks, roads, storm drains, and sanitary sewers. Mr. Thomas' relevant experience includes the Altamira Canyon Drainage Erosion Project, the Ball Road Drainage and Sanitary Sewer Project, the Newhall Ranch Bridge Widening Project, and Alameda Corridor -East Grade Separation On -Call Environmental Services. 11 B-15 Jim Harrison Education: B.A., Biological Sciences Role: Botanist/Seasonal and Botanical Surveys As an Associate and Senior Biologist in LSA's Irvine office, Mr. Harrison is primarily responsible for conducting and supervising botanical assessments, including floristic inventories, rare plant surveys, vegetation/habitat classification and mapping, impact analyses, and mitigation planning. Mr. Harrison has extensive experience working with various resource and regulatory agencies to analyze impacts and recommend mitigation measures as part of the CEQA/NEPA documentation for numerous private- and public -sector projects. His botanical expertise has involved a wide variety of plant species and communities throughout Southern California. Mr. Harrison's relevant experience includes the Altamira Canyon Drainage/Erosion Control project and South Region Landfills. Richard Erickson Education: M.S., Biology; B.A., Zoology Role: California Gnatcatcher Surveys Richard Erickson, Associate, is a recognized expert on birds of western North America, especially their status and distribution in California and the Baja 1 �. California Peninsula. Mr. Erickson conducts bird and small mammal studies, including surveys for rare and endangered species. For nearly 7 years, he has conducted protocol surveys and monitoring of the nesting success of up to 15 pairs of the endangered least Bell's vireo and 12 pairs of the threatened coastal California gnatcatcher at Prima Deshecha Landfill. Mr. Erickson also conducted gnatcatcher and general wildlife surveys for the Frank R. Bowerman Landfill in Orange County. His relevant experience includes South Region Landfills and Puente Hills Habitat Preservation Authority Managed Lands projects. Leo Simone Education: M.S., Resource Management; Bachelor of Landscape Architecture Role: Arborist/Biological Field Surveys As an Associate, Biologist, Certified Arborist, and Certified Tree Risk Assessor for LSA, Mr. Simone has extensive experience in natural resource management. His duties include performing wildlife surveys; wildlife corridor and mitigation planning; small mammal trapping; focused rare, threatened, and endangered species surveys; tree risk assessments; oak tree and Joshua tree inventory and evaluations for suitability for transplanting; biological assessments; vegetation/ habitat classification; and wetlands and jurisdictional waters delineation. Mr. Simone's responsibilities also entail all aspects of the entitlement process from initial assessment through permitting and implementation. He has managed numerous projects and prepared many final reports and agency approvals (e.g., the USACE, the USFWS, the CDFW, and the RWQCB). Mr. Simone also performs environmental analysis, prepares CEQA and NEPA documentation, and provides expertise with water resources law and policy issues. His relevant 12 B-16 projects include the South Regions Landfill and Southern California Edison On -Call Biological Services. Lonnie Rodriguez Education: B.S., Environmental Science Role: Seasonal Botanical and Nesting Bird Surveys, Biological Field Surveys, California N Gnatcatcher Surveys As an LSA biologist, Mr. Rodriguez conducts biological surveys and biological monitoring throughout Southern California for a variety of projects. Surveys include desert tortoise presence and absence surveys, nesting bird surveys, burrowing owl surveys, and general plant and wildlife surveys. Mr. Rodriguez has also conducted drainage assessments, vegetation mapping, and monitored scrub clearing in order to provide regulatory compliance for agencies (e.g., the USACE, the USFWS, and the CDFW). His additional experience includes Worker Environmental Awareness Plan training, mapping biological resources using GPS technology, and report writing. Mr. Rodriguez' relevant experience includes the South Region Landfills and providing nesting bird surveys for Portola Springs Elementary School and the Element Residential Project. Laura Magee I Education: B.S., Wildlife Ecology Role: Seasonal Botanical and Nesting Bird Surveys, Biological Field Surveys, Peer Review of Biological Reports, and Public Meetings Ms. Magee has more than 7 years of experience conducting biological studies, writing and reviewing reports, and monitoring construction. She has served as a lead biological monitor for construction compliance in Riverside, Los Angeles, and San Bernardino Counties. She has conducted focused surveys for endangered and threatened species in Southern California, including coastal California gnatcatcher and least Bell's vireo, She has conducted nesting bird surveys for the Prima Deshecha Landfill and the La Pata Avenue Extension Project. Denise Woodard Education: B.S., Natural Resources Management Role; Biological Field Surveys and California Gnatcatcher Surveys .b As an Associate Biologist, Ms. Woodard conducts and manages coordination of biological studies; conducts focused rare, threatened, and endangered species surveys; conducts habitat evaluations; and prepares general and technical reports. She has expertise in general biological assessments; focused research studies on rare, threatened, and endangered species; wetlands delineation; and - �) regulatory compliance and permitting. She has conducted rare and endangered species surveys for the Interstate 15/Interstate 215 Interchange Improvements Project. 13 B-17 LeeAnn McDougall Education: B.S., Biological Science Role: Seasonal Botanical and Nesting Bird Surveys and Biological Field Surveys Ms. McDougall has experience with small mammal trapping, handling, and identification. She has handled different -aged sea birds and shore birds, collected and preserved specimens, and conducted endangered species surveys. She has identified vertebrate and plant species native to California, and birds and mammals of California and Southeast Alaska. In addition, she has performed bird diet sampling, identification and monitoring of bird nests and burrows with banding of both upper and lower leg, vegetation monitoring, and mapping and invasive species control. Her relevant experience includes conducting nesting bird and botanical surveys for the Prima Deshecha Landfill. Maryanne Cronin Education: Master in Urban and Regional Planning; B.A., History Role: Environmental Planning/CEQA documentation As an Environmental Planner at LSA, Ms. Cronin has more than 3 years of experience preparing environmental documents for projects requiring compliance with CEQA and NEPA. She assists in the preparation of environmental documents for a variety of public and private projects throughout Southern California. Her relevant projects include the City of Long Beach On -Call Professional Services and the City of Irvine University Drive Widening project. 14 B-18 Proposalfor Biological Consulting Services Jim Harrison Erin Martinelli Lonnie Rodriguez Laura Magee Leeann McDougal CITY OF RANCHO PALOS VERDES Erin Martinelli Lonnie Rodriguez Laura Magee Leeann McDougal Denise Woodard Leo Simone - Arborist Art Homrighausen �• Erin Martinelli Laura Magee Richard Erickson Erin Martinelli Denise Woodard Lonnie Rodriguez King Thomas Maryanne Cronin Art Homrighausen Erin Martinelli Laura Magee __. LSA COST AND BILLING RATES LSA's standard billing rates are provided in Appendix B. 16 B-20 SCOPE OF WORK This Scope of Work outlines the approach LSA staff will take to complete the services requested by the City for this contract. These represent typical tasks and LSA's approach to them. However, the particular circumstances of each requested task order will be carefully considered and the Scope of Work will be tailored to the City's needs. CONDUCT SEASONAL BOTANICAL AND BIRD AND NESTING SURVEYS LSA's Natural Resources group includes biologists that have more than 20 years of experience working with the unique and highly diverse biological resources throughout Southern California. LSA's biologists are familiar with the common and rare floral and faunal species in the County of Los Angeles. LSA biologists have the requisite permits and memorandums of understanding from the USFWS and the CDFW to survey for special -status faunal species and botanical experts who are familiar with the special -status floral species that occur in the County of Los Angeles. Botanical and Bird Surveys Prior to performing the surveys, LSA will review existing documentation and databases (e.g., the California Natural Diversity Database, the California Native Plant Society Online Inventory of Rare and Endangered Plants, and the Information for Planning and Conservation Trust Resource Report) to identify special -status species with the potential to occur in or adjacent to the study areas. Qualified LSA biologists familiar with local natural resources will conduct general reconnaissance pedestrian surveys in study areas to identify and map vegetation communities and the potential limits of any waters or streambeds that could be subject to regulatory jurisdiction pursuant to the federal CWA and/or the CDFW, and wetlands that could be subject to regulatory jurisdiction pursuant to the California Coastal Act. LSA will record all plant and animal species observed and/or detected during the surveys. The information gathered during the general reconnaissance surveys will determine the need for additional focused surveys and/or jurisdictional delineations. LSA biologists possess permits to conduct focused surveys for coastal California gnatcatcher. Additionally, LSA biologists have vast experience conducting focused surveys for special -status species not requiring permits, including least Bell's vireo and several bat species. Nesting Bird Surveys If vegetation removal occurs between January and October, LSA's biological monitor will conduct a nesting bird survey of all trees, shrubs, and other vegetation on the project site within 48 hours prior to vegetation removal activities to determine the presence of any active nests and to avoid impacts to any birds protected under the CESA, the FESA, and the MBTA. If listed birds, including coastal California gnatcatchers, are found using the habitat in the impact area or within 300 feet of the impact area during the breeding season, ground -disturbing activities cannot begin until the listed bird species have dispersed from the project site. If listed bird species are present, LSA's biological monitor will then conduct weekly clearance surveys until it is determined that the listed birds are no longer in the vicinity of the impact area. This task assumes a total of three clearance surveys. LSA's biological monitor will ensure that wildlife in the habitat area is not harmed. 17 B-21 CONDUCT BIOLOGICAL FIELD SURVEYS Upon the City's request, qualified LSA biologists will conduct special -status plant and animal surveys on the proposed project sites. The primary objective of such surveys will be to locate any special - status plant and/or animal species not previously identified as occurring on site. The secondary objective is to obtain follow-up data on the status of special -status species populations previously documented. The locations of any special -status species encountered will be mapped carefully in the field using GPS technology. Shape files of any GPS data will be provided to the City. Other biological assessments and surveys may include biological constraints analyses, vegetation mapping, jurisdictional delineations, California Rapid Assessment Method studies, impact analyses, and focused species-specific surveys (e.g., coastal California gnatcatcher surveys [described in more detail below]). Following the completion of these biological assessments and surveys, LSA will prepare appropriate technical documentation regarding the survey results. CONDUCT CALIFORNIA GNATCATCHER SURVEYS Permitted LSA biologists will conduct focused coastal California gnatcatcher protocol surveys on the proposed project site, as directed by the City. LSA has extensive experience performing _ surveys for the coastal California gnatcatcher using both protocols modified for specific projects and the standard protocol r` for presence/absence surveys. LSA's ornithology team, led primarily by LSA wildlife biologist Richard Erickson, has the depth of expertise and experience to conduct thorough, efficient surveys to provide reliable data to the City and the resource agencies. In addition to any focused coastal California gnatcatcher surveys requested, LSA is prepared to perform preconstruction presence/absence surveys and other evaluations as requested by the City. In its local offices, LSA employs both independent Field Investigators and Field Assistants for presence/absence surveys as well as for nest monitoring. Such depth ensures that seasonal surveys can be completed on schedule and that emergency surveys can be conducted on short notice as needed for unforeseen activities, mitigation site selection, progress evaluation on existing mitigation sites, or proposed construction areas. LSA has a strong reputation for expertise and an effective working relationship with the USFWS and the CDFW and extensive experience conducting large- scale studies and preparing survey reports. These attributes enable LSA to advance client interests as efficiently as possible. PREPARE CALIFORNIA ENVIRONMENTAL QUALITY ACT -RELATED DOCUMENTS FOR BIOLOGICAL RESOURCES For this on-call contract, the proposed projects may require CEQA analysis to identify and analyze new impacts not covered by previous environmental documentation. Such projects could require preparation of a range of CEQA documents including Categorical Exemptions, Initial Studies, 18 B-22 Addendums, Mitigated Negative Declarations, or EIRs. Preparation of these CEQA documents, as well as the NEPA documents for public agency -related projects has been an LSA core service since the founding of the firm in 1976. Having prepared several thousand environmental documents since its founding, LSA's expertise also includes coordination with local, State, federal, and other government agencies; managing public participation programs; issuing necessary legal notices; and incorporating the environmental documentation into the overall planning process. LSA offers the City a strong team of talented and experienced individuals with the knowledge and enthusiasm to provide the specialized services necessary to ensure successful completion of the environmental documentation for future projects. Because LSA is a full-service consulting firm, with transportation, air quality/greenhouse gas emissions, noise, biology, cultural resource, and water quality experts in-house, LSA is able to provide its clients with cost-effective and time -efficient scopes of work. LSA staff stands ready to assist the City in determining the appropriate level of CEQA documentation and is able to recommend additional technical work needed to prepare a legally defensible CEQA document. Because CEQA services will be performed on a task order or as -needed basis, a specific work plan cannot be presented at this time. However, LSA's basic management plan for each project is to provide a well-defined Scope of Work, schedule, budget, staffing, progress reporting, and quality control procedures based on LSA's Quality Control Plan. LSA will be responsible for all aspects of ensuring that the City complies with CEQA regulations for specific task orders or projects. LSA is prepared to act quickly, be responsive, be knowledgeable, be ready to use its experience for a myriad of possible requests, and be solution oriented. If selected for this contract, LSA will be responsive and efficient, with frequent and purposeful communication with City staff. PEER REVIEW OF BIOLOGICAL REPORTS LSA biologists, specifically the Project Manager, Ms. Martinelli, will conduct a peer review of the biological reports provided by the City from the project applicant. For each of these reports, the peer reviews will include: • A review of the approach and methodology; • Verification that the findings are consistent with CEQA requirements, other agency regulatory standards and requirements, and current professional standards and practices; and • Preparation of a memorandum documenting LSA's review and recommended revisions, if applicable, for each of the biological reports. This task includes up to one review of each of the revised reports by LSA to ensure that LSA's comments are incorporated adequately. PUBLIC MEETINGS This task is representative of the active project management role that includes attendance at various public meetings, project team meetings, and coordination with agencies and interested parties. The project management role serves as a mechanism to ensure an adequate exchange of information during project startup and preparation of the biological reports and environmental 19 B-23 documentations. This task includes notifying City staff of issues as they are encountered and working expeditiously to resolve them. Important elements of this task will be to maintain the project schedule, oversee the budget, and coordinate efforts with City staff and other team members. To facilitate dissemination of information, LSA's Project Manager, Ms. Martinelli, and Principal in Charge, Mr. Homrighausen, will maintain ongoing verbal and email communication with the project applicant's team and City staff. As requested by the City, LSA will attend meetings with City staff and project applicants, scoping meetings, and/or public hearings. LSA will assist the City with preparation of graphic material and presentations for each public hearing. Although City staff will administer any scoping meeting and public hearings, LSA staff will be available to provide an explanation of the CEQA process and answer questions related to the scope of the environmental and biological documentation. 20 B-24 REFERENCES For all projects involving biological resources, LSA staff use extensive experience in biological and wetlands consulting and LSA's technical expertise in wetland science, wildlife biology, botany, entomology, soil science, and native plant horticulture to provide environmentally sound solutions tailored specifically to each client. This approach has earned LSA a strong credibility and reputation for professionalism with resource agencies and both public and private clients. That credibility is based on LSA's unique expertise, reliability, and commitment. By contacting the references listed below, you will gain insight about LSA's work and commitment to the firm's clients, revealing that LSA is the best fit for the City's Biological Consulting Services contract. Contact Phone Email Eric Lopez (562) 570-5690 eric.lopez@longbeach.gov City of Long Beach 333 W Ocean Blvd, 5th Floor Long Beach, CA 90802 John Arnau (714) 834-4107 john.arnau@ocwr.ocgov.com OC Waste & Recycling 300 North Flower Street Santa Ana, CA 92703 Valarie McFall (949) 754-3474 vmcfall@thetollroads.com Transportation Corridor Agencies 125 Pacific Street Irvine, CA 92618 21 B-25 RESUMES ERIN MARTINELLI SENIOR BIOLOGIST EXPERTISE Focused Surveys for Special -Interest Species Nesting Bird Surveys Mohave Ground Squirrel Trapping Small Mammal Trapping General Plant and Wildlife Surveys Biological Assessments Environmental Permitting Jurisdictional Delineations CRAM Assessments Habitat Restoration Biological Monitoring EDUCATION California State University, Fullerton, M.S., Environmental Studies, summa cum laude, 2009. Thesis: Avian Conservation. University of California, Santa Barbara, B.A., Environmental Studies, with honors (Minor in Geology), 2001. California Rapid Assessment Method Practitioner, Riverine Training: May 16-18, 2012. Desert Tortoise Council Introduction to Surveying, Monitoring, and Handling Techniques Workshop, 2010. PROFESSIONAL RESPONSIBILITIES LSA As a Senior Biologist with LSA, Ms. Martinelli conducts biological surveys and monitoring throughout Southern California for a variety of projects. Surveys include preconstruction nesting bird, small mammal, and special -status plant and wildlife surveys, in addition to general biological assessments. Ms. Martinelli also prepares environmental permit applications, including Coastal Development Permits from the California Coastal Commission (CCC), Clean Water Act (CWA) Section 404 authorizations from the United States Army Corps of Engineers (CORPS), and CWA Section 401 Water Quality Certifications from the Regional Water Quality Control Board (RWQCB). Additional responsibilities and experience include project management, conducting jurisdictional delineations and California Rapid Assessment Method assessments; monitoring habitat restoration; mapping biological resources using global positioning system (GPS) technology; biological monitoring; and writing project reports. PROJECT EXPERIENCE WILDLIFE SURVEYS Focused Surveys for Coastal California Gnatcatcher Los Angeles and Orange Counties, California Ms. Martinelli's M.S. studies involved surveys for the federally listed as threatened coastal California gnatcatcher (Polioptila californica californica; gnatcatcher) and since 2009 she has conducted numerous surveys for the gnatcatcher in Southern California. In 2015 she obtained authorization from the United States Fish and Wildlife Service (USFWS) to independently survey for the gnatcatcher (TE -777965- 10.4). From 2014 to 2016 she participated in LSA's extensive nest monitoring project on gnatcatchers at the Prima Deshecha Landfill in south Orange County, and she has become familiar with the nesting habits of the species. Throughout this process, she has also become familiar with most of the avian species that share the gnatcatcher's habitats. Nesting Bird Surveys Various Locations, California Ms. Martinelli performs nesting bird surveys throughout Southern California in accordance with the Migratory Bird Treaty Act and the California Fish and Game Code during the breeding season. Prima Deshecha Landfill Orange County, California Ms. Martinelli has participated in biological studies— including floristic and faunal surveys—throughout the property, and habitat restoration monitoring at mitigation sites, for the planned expansion of the landfill. From 2014 to 2016, she participated in protocol surveys and nest monitoring of up to 15 pairs of the endangered least Bell's vireo (Vireo bellii pusillus) and 12 pairs of the threatened coastal California gnatcatcher (Polioptila californica californica). B-27 ERIN MARTINELLI SENIOR BIOLOGIST EDUCATION I PROJECT EXPERIENCE (CONTINUED) (CONTINUED) GENERAL BIOLOGICAL SURVEYS/ASSESSMENTS LSA Orange County Trackers,' Olinda Alpha Landfill Animal Behaviour and I City of Brea, California T Tracking Course, 2010. Ms. Martinelli conducted a biological constraints analysis for the proposed PROFESSIONAL construction of a third travel lane along the landfill access road in order to CERTIFICATIONS/ I determine whether the alignment contained special interest biological resources REGISTRATIONS that may be subject to the jurisdiction of one or more resource agencies. Following Scientific Collecting Permit, the survey, Ms. Martinelli compiled the results into a summary report. California Department of Fish and Wildlife, Permit Southern California Edison On -Call Services Contract No. SC -10947. I Southern California United States Fish and Ms. Martinelli conducts biological assessments, biological evaluations, and surveys Wildlife Service Permit No. of deteriorated wooden poles for nesting birds, especially woodpeckers and species TE -777965. Authority to of special concern. When pole replacement activities are conducted, Ms. Martinelli conduct presence/absence performs biological monitoring, ensuring that impacts are minimized during the surveys for the threatened replacement of the pole. Additionally, she performs nest and special -status species coastal California gnatcatcher (Polioptila surveys along utility access roads prior to vegetation removal and road grading for californica californica). access road maintenance. She also conducted emergency biological assessments Mohave Ground Squirrel and consultation related to wildfires in Los Angeles County. Independent Researcher (Field Investigator) with ENVIRONMENTAL PERMITTING authorization to collect City of Long Beach Tidelands Projects tissue samples, Letter of Long Beach, California Agreement (LOA) between LSA and California Ms. Martinelli provides biological consulting services associated with obtaining Department of Fish Wildlife necessary permits for several of the City of Long Beach's projects that are planned (SC -005243; Principal within the tidal zone. These permits include Coastal Development Permits from the Investigator, Leo Simone). CCC, CWA Section 404 authorizations from the Corps, and Section 401 Certifications PROFESSIONAL from the RWQCB. Additional biological consulting services include conducting EXPERIENCE nesting bird surveys. Biologist, LSA, Irvine, University Drive Widening Project California, 2009—Present. Irvine, California Natural Resource Manager The City of Irvine plans to widen University Drive between MacArthur Boulevard and Seasonal Park Aide, and Campus Drive. University Drive runs parallel to San Diego Creek in the project Chino Hills State Park, area and a portion of the project is located in the Coastal Zone. Ms. Martinelli Yorba Linda, California, Summer 2008. applied for and obtained a Coastal Development Permit from the CCC and will Teacher Naturalist, conduct preconstruction nesting bird surveys. Richardson Bay Audubon Center and Sanctuary, BIOLOGICAL MONITORING Tiburon, California, Newport Beach City Hall and Park Development Summer 2006. Newport Beach, California Assistant Paleoseismologist, As a requirement of the mitigation monitoring and reporting program for the Petra Geotechnical construction of a new City Hall and public park for the City of Newport Beach, Ms. Consulting, Coachella Martinelli performed preconstruction nesting bird surveys in compliance with the Valley, California, August 2004. Migratory Bird Treaty Act, monitored the installation of orange construction fencing and silt fencing to protect United States Army Corps of Engineers and California GPS Field Assistant, UNAVCO, Inc., Southern Department of Fish and Wildlife (CDFW) jurisdictional drainage areas from and Central Coast, construction -related impacts, and monitored the removal of vegetation within the California, Summer 2004. I grading limits. ARTHUR HOMRIGHAUSEN PRINCIPAL/BIOLOGIST EXPERTISE Biological Assessment Mitigation Planning and Design Regulatory Analysis and Permitting EDUCATION California State University, Fullerton, M.S., Environmental Studies, 1981. University of California, Irvine, B.S., Biology, 1973. PROFESSIONAL EXPERIENCE Principal, LSA, Irvine, California, 1988—Present. Project Manager, Bright and Associates, regulatory issues, environmental research and planning, Placentia, California, 1984-1988. Naturalist, Tucker Wildlife Sanctuary, natural history research and environmental education, Modjeska Canyon, California, 1979-1981. Commissioner, City of Yorba Linda Parks and Recreation Commission, parks and open space planning and decision making, Yorba Linda, California, 1982-1989. PROFESSIONAL RESPONSIBILITIES LSA As Manager of the Natural Resources unit in LSA's Irvine office, Mr. Homrighausen directs a variety of biological studies and report preparation, including impact assessments, vegetation and wildlife surveys, riparian and coastal wetlands analyses, endangered species analyses, and mitigation planning. He has completed or directed several hundred biota surveys, impact analyses, and wetlands/riparian analyses throughout all counties in Southern California, and is an expert in the incorporation of such studies into California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) analyses. With a strong background in the implementation of habitat restoration and other biological mitigation measures, Mr. Homrighausen is also skilled in the development of feasible mitigation measures for incorporation into CEQA/NEPA documents. Mr. Homrighausen works extensively with planning and regulatory agencies to secure various approvals and permits, including Section 1602 Streambed Alteration Agreements, United States Army Corps of Engineers (Corps) Section 404 Authorizations, and Regional Water Quality Control Board (RWQCB) Section 401 Certifications. He has also secured numerous endangered species authorizations from both the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) through various avenues, including Section 7 Consultations, Section 4(d) authorizations, and Section 10(a) permits pursuant to the Federal Endangered Species Act, as well as Section 2080.1 and 2081 Permits under the California Endangered Species Act. Finally, Mr. Homrighausen has extensive experience with the California Coastal Commission on issues such as wetlands, Environmentally Sensitive Habitat Areas, and development of Habitat Management Plans. PROJECT EXPERIENCE City of Long Beach Tidelands Projects Long Beach, California Mr. Homrighausen serves as the Principal in Charge for this project. LSA provides biological consulting services associated with obtaining necessary permits for several of the City of Long Beach's projects that are planned within the tidal zone. These permits include Coastal Development Permits from the CCC, CWA Section 404 authorizations from the Corps, and Section 401 Certifications from the RWQCB. Additional biological consulting services include conducting nesting bird surveys. University Drive Widening Project Irvine, California Mr. Homrighausen served as the Principal advisor for the biological work and Coastal Development Permit on this project. The City of Irvine plans to widen University Drive between MacArthur Boulevard and Campus Drive. University Drive runs parallel to San Diego Creek in the project area and a portion of the project is located in the Coastal Zone. LSA applied for and obtained a Coastal Development Permit from the CCC and will conduct preconstruction nesting bird surveys. ARTHUR HOMRIGHAUSEN PRINCIPAL/BIOLOGIST LSA PROFESSIONAL PROJECT EXPERIENCE (CONTINUED) AFFILIATIONS Alta Mira Canyon Drainage/Erosion Control Project CLE International —Faculty — Rancho Palos Verde, Los Angeles County, California California wetlands Conference, Mr. Homrighausen served as Principal Biologist for this project. LSA conducted 1997 preliminary environmental research and analysis pertaining specifically to CLE International —Faculty — biological resources for the Alta Mira Canyon Drainage/Erosion Control project. Endangered Species Act This work included preparing the Biological Resources portion of the CEQA Conference, 2003 Checklist. Association of Environmental Professionals — Presenter —CEQA San Joaquin Hills Transportation Corridor/Mitigation at Coyote Canyon Mitigation and Regulatory Landfill Permitting, 2011 Orange County, California California State University As part of the coastal sage scrub (CSS) mitigation program for the San Joaquin Fullerton — Guest Lecturer Hills Transportation Corridor (State Route 73) LSA [Mr. Homrighausen] worked Environmental Studies Graduate extensively with the Transportation Corridor Agencies, the Orange County Program — Biological Aspects of Integrated Waste Management District (currently, Orange County Waste and Planning and Regulatory Permitting, 2003-2014 Recycling) and the Irvine Company to develop a landfill cover plan that would allow for the development of CSS vegetation. As part of this work, LSA conducted a study on rooting depths of CSS vegetation, consulted with the landfill engineers, and developed a plant palette. The revegetation plan was ultimately approved by the USFWS through the Section 7 consultation process. LSA also monitored the early stages of the revegetation process, focusing on controlling weed growth. The landfill currently supports several pair of California gnatcatchers. South Region Landfills Orange County, California Mr. Homrighausen has served as Principal in Charge for the on-call biological services contract for Orange County Waste and Recycling's South Region Landfills, primarily at the Prima Deshecha Landfill, and is now a senior advisor. Current tasks include regulatory permit application package preparation for over 400 acres of proposed expansion, off-site mitigation planning and design, monitoring installation and maintenance of over 200 acres of habitat restoration, and noise and air quality analysis. In addition, LSA is currently conducting studies of special -status plant species, bats, small mammals (i.e., rodents), the least Bell's vireo, and the coastal California gnatcatcher. MARYANNE CRONIN ENVIRONMENTAL PLANNER EXPERTISE Environmental Planning Environmental Impact Reports EDUCATION California State Polytechnic University, Pomona, Master in Urban and Regional Planning. 2014. Saint Mary's College of California, Moraga, California, B.A., History, 2011. PROFESSIONAL CERTIFICATIONS/ REGISTRATIONS Caltrans Environmental Compliance Training Course for Local Agency Partners and Consultants (August 2015) Caltrans Online Training Courses: • Section 4(f), The "How Come" and the "How To" (November 2014) • The 23 USC 139 (formerly Section 6002) Efficient Environmental Review Process (November 2014) • The Importance of the Administrative Record • FHWA Transportation Conformity (November 2014) • The NEPA/404 Memorandum of Understanding (November 2014) • Introductory Course on Purpose and Need (November 2014) PROFESSIONAL AFFILIATIONS American Planning Association Association of Environmental Professionals PROFESSIONAL RESPONSIBILITIES LSA As an Environmental Planner at LSA, Ms. Cronin has 2 years of experience preparing environmental documents for projects requiring compliance with CECW and NEPA. She assists in the preparation of environmental documents for a variety of public and private projects throughout Southern California. PROJECT EXPERIENCE Long Beach General Plan Land Use and Urban Design Elements Environmental Impact Report Long Beach, California Ms. Cronin is serving as the Assistant Environmental Planner during the preparation of environmental documentation for a Program Environmental Impact Report (EIR). The proposed project includes an updated Land Use Element and new Urban Design Element proposed for adoption and inclusion in the City of Long Beach General Plan. Technical work being prepared by the LSA team includes a traffic impact analysis, an air quality and greenhouse gas analysis, a noise and vibration analysis, and review of existing technical reports and data. University Drive and Ridgeline Drive/Rosa Drew Lane Intersection Improvement Project Irvine, California Ms. Cronin is serving as an Environmental Planner during the preparation of environmental documentation for an MND. The proposed project includes adding a through lane on eastbound University Drive and a northbound right -turn lane to Ridgeline Drive. University Drive Widening Project Irvine, California Ms. Cronin served as the Assistant Environmental Planner during the preparation of the Coastal Development Permit (CDP) documentation for the widening project. The proposed project includes widening University Drive from the MacArthur Boulevard northbound ramps to Campus Drive. The project would provide a third travel lane and curb and gutter in each direction and a sidewalk on the eastbound side of University Drive within the project limits. Lincoln Ave Specific Plan Amendment and Addendum to the 2009 Housing Amendment Project IS/MND Cypress, California Ms. Cronin is serving as the Environmental Planner during the preparation of an amendment to the Lincoln Avenue Specific Plan in the City of Cypress. In addition to the 2016 Specific Plan Amendment, the proposed project includes the preparation of an Addendum to the IS/MND adopted in conjunction with a 2009 amendment to the Specific Plan. The proposed 2016 Specific Plan Amendment includes two components: (1) the creation of a Commercial Preservation Overlay within the Specific Plan area where residential uses would not be permitted, and (2) a reduction in maximum residential building heights in certain land use districts. B-31 MARYANNE CRONIN ENVIRONMENTAL PLANNER LSA PROFESSIONAL PROJECT EXPERIENCE (CONTINUED) EXPERIENCE Barton Place Project Environmental Planner, LSA, Irvine, Cypress, California California, 2014—Present. Ms. Cronin served as the Assistant Environmental Planner during the Planning Intern, City of Buena Park, preparation of an EIR for a mixed-use project in the City of Cypress. The 2013-2014. proposed project included the construction of a mixed-use project with two Research Assistant, California State main components: a 244 -unit senior residential community and Polytechnic university, Pomona, commercial/retail uses on approximately 33 acres of land. Summer 2013. La Habra Fairfield Residential Project La Habra, California Ms. Cronin served as the Assistant Environmental Planner during the preparation of environmental documentation for a IS/MND. The proposed project included the construction of approximately 284 units on an approximately 10 -acre site located at 951 South Beach Boulevard in the City of La Habra. The proposed project included multifamily residential units with associated parking and a clubhouse/recreation center. Newhall Ranch Road Bridge Widening Santa Clarita, California Ms. Cronin served as the Assistant Environmental Planner during the preparation of environmental documentation for the proposed widening of the Newhall Ranch Road bridge over the San Francisquito Creek. The project used local matching funds, and was required to comply with both the CEQA and NEPA. Project improvements included widening the bridge from six to eight lanes, constructing new medians, and constructing new barrier - protected sidewalks and bikeways. LSA prepared an IS/MND and a Categorical Exclusion. Technical studies prepared in support of the MND and the Categorical Exclusion included air quality, noise, biology, and cultural resources. Melia Homes Addendum Yorba Linda, California Ms. Cronin served as the Assistant Environmental Planner during the preparation of environmental documentation for an Addendum to the City of Yorba Linda Housing Element Program EIR. The project proposed the construction of 40 paired homes in the rezoned equestrian center and ranch located along Lakeview Avenue. The 4.08 -acre site was proposed to be redeveloped based on site recommendations from the Housing Element. B-32 RICHARD A. ERICKSON ASSOCIATE/BIOLOGIST PROFESSIONAL RESPONSIBILITIES LSA Association of Field Ornithologists B-33 Mr. Erickson serves as wildlife specialist on many projects, especially those I requiring California Environmental Quality Act (CEQA) compliance. He has ;QVI surveyed for numerous sensitive species throughout Southern California. This has involved frequent interaction with the staff of the United States Fish and Wildlife Service in Carlsbad, California. More specifically, he had a large role in preparing the biological resources section of the Environmental Impact Statement (EIS) for the proposed San Joaquin Hills Transportation Corridor (in compliance with National Environmental Policy Act [NEPA]), was primarily responsible for writing the Biological Assessments (BAs) for the endangered i least Bell's vireo, threatened coastal California gnatcatcher, and candidate endangered coastal cactus wren on the Corridor, and had a large part in EXPERTISE preparing the Conservation Plan for gnatcatchers and wrens on the Corridor (in compliance with the Endangered Species Act [ESA]). Ornithology Sensitive Species Assessments Mr. Erickson's experience in California and Alaska involved the design and Biological Assessments execution of numerous biological studies. Surveys of terrestrial vertebrates have been emphasized, with much consideration of rare and endangered EDUCATION species. Mr. Erickson's master's thesis, Ecological characteristics of least tern colony sites in California, was based on a study of this endangered species California State UniversityEast , Bay, M.S., Biology, Hayward, conducted in association with the California Department of Fish and Wildlife California, 1985. Thesis: and the United States Fish and Wildlife Service. He later coauthored the Ecological characteristics of least historical status review of the endangered marbled murrelet in California and tern colony sites in California. coauthored the status summary and conservation action plan for the little Humboldt state University, B.A., pocket mouse (Perognothus longimembris; including the endangered Pacific Zoology, Arcata, California, 1975. pocket mouse P. 1. pacificus), published by the International Union for the Conservation of Nature and Natural Resources (IUCN). He has conducted PROFESSIONAL habitat evaluation studies, including directed searches for sensitive habitats. ORGANIZATIONS/ General and technical reports for both public and private clients have been MEMBERSHIPS prepared, and research ranging from baseline data studies and data Society for Conservation Biology compilation from existing literature sources to focused field studies has been conducted. Southern California Academy of Sciences Mr. Erickson is a recognized expert on birds of western North America, The Wildlife society, Western especially their status and distribution in California and the Baja California Section Peninsula. He has extensive experience in the field and in the literature and has Society for the study of published and edited widely, most notably coediting Rare Birds of California Amphibians and Reptiles (2007, summarizing 35 years of deliberations by the California Bird Records American Ornithologists' Union Committee, involving 1883 observers), Birds of the Baja California Peninsula: (Elective Member) Status, Distribution, and Taxonomy (2001, including works by 18 Mexican, American, and European collaborators), and coauthoring Birds of Northern Cooper Ornithological Society (former Editorial Board member California, an Annotated Checklist (1979, 1988). for The Condor) Wilson Ornithological Society Association of Field Ornithologists B-33 RICHARD A. ERICKSON ASSOCIATE/BIOLOGIST LSA PROFESSIONAL SPECIFIC WILDLIFE EXPERIENCE ORGANIZATIONS/ CALIFORNIA GNATCATCHER EXPERIENCE MEMBERSHIPS Mr. Erickson oversaw 4 years of wildlife monitoring and annual reporting at (CONTINUED) Since before the listing of the coastal California gnatcatcher (Polioptila Autonoma de Baja California Sur, La californica californica) as a federally threatened species in 1993, Mr. Erickson American Girding Association (Regional Editor for North has surveyed for the species throughout its range in southwestern California. In American Birds) addition, he has experience with the species over the length of the Baja California Peninsula. He has intensively monitored actual nesting gnatcatchers Western Field ornithologists (former Director; former Chair of at several sites in Orange and Los Angeles Counties. Mr. Erickson has published California Bird Records a number of papers on the coastal California gnatcatcher (see below: Bontrager Committee; former Editorial et al. 1995, Campbell et al. 1998, Erickson 1998, Erickson and Miner 1998, Board member for western O'Connell and Erickson 1998) and was one of two individuals selected to review Birds) the authoritative California gnatcatcher species account published in the Birds Institute for Bird Populations of North America series sponsored by the Cornell University Laboratory of Ornithology and the American Ornithologists' Union. Twice he has prepared American Society of Mammalogists detailed county by county analyses of the gnatcatcher population throughout its range in California for presentation to the United States Fish and Wildlife PROFESSIONAL Service. EXPERIENCE PROJECT EXPERIENCE Associate/Biologist, LSA Associates, Inc., Irvine, California, Prima Deshecha Landfill Bird Studies 1990—Present. Orange County, California Consulting Biologist, with jobs From 2010 to 2017, Mr. Erickson and other LSA permitted biologists conducted involving seven government protocol surveys and monitored the nesting success of up to 15 pairs of the agencies and four consulting endangered least Bell's vireo and 12 pairs of the threatened coastal California firms in California, 1978-1990. gnatcatcher. Vertebrate Biology Teacher, College of the Redwoods, Puente Hills Habitat Preservation Authority Managed Lands Crescent City, California, 1981— Los Angeles County, California 1982. From 2005 through 2012 Mr. Erickson oversaw and conducted numerous Wildlife Biologist, Redwood wildlife surveys at this preserve. These included systematic all -wildlife surveys National Park, California, 1981— of the entire property (including small mammal trapping) and several sessions 1982. of protocol surveys for listed birds: southwestern willow flycatcher, least Bell's Research Assistant, U.C. Berkeley vireo, and California gnatcatcher. and California State University, East Bay, California, 1976-1978. On -Call Biological Services for Southern California Edison (SCE) Orange and Riverside Counties, California OTHER Mr. Erickson has conducted preconstruction surveys for nesting birds and PROFESSIONAL special -status bird and mammal species at various sites in the greater Los EXPERIENCE Angeles area. Member of Masters Student Advisory Committees at California State Eastern Transportation Corridor Wildlife Crossing Study University, Long Beach, Universidad Orange County, California Autonoma de Baja California, Mr. Erickson oversaw 4 years of wildlife monitoring and annual reporting at Ensenada, and Universidad two large sites prepared as mitigation for construction of State Route 241 (SR- Autonoma de Baja California Sur, La Paz (since 2005). 241) in central Orange County. At one site, reproductive success of up to 17 pairs of the threatened coastal California gnatcatcher was monitored each nesting season. General wildlife surveys of the other site were conducted year- round. JIM HARRISON ASSOCIATE & SENIOR BIOLOGIST tat r EXPERTISE Biological Assessments Botanical Resources Surveys Regulatory Permitting Wetland/Jurisdictional Delineations EDUCATION California State University, Fullerton, B.A., Biological Sciences, 1990. SPECIALIZED TRAINING Wetland Training Institute: Arid West Supplement Course (April 2007); Field Indicators of Hydric Soils (August 2013); Wetland Delineation Refresher Course (November 2014). Jepson Herbarium Workshops: Vernal Pools (April 1996); Taxonomy of Native Oaks (October 1996); Flora of Santa Cruz Island (April 1997); Flora of San Luis Obispo County (April 2000); Bryophytes and Lichens of Southwestern California (February 2002); Rare Plants of Western San Diego County (March 2008). Fairy Shrimp and Tadpole Shrimp Identification Class (taught by Denton Belk, Ph.D.), University of San Diego, July 2000. PROFESSIONAL RESPONSIBILITIES LSA As an Associate and Senior Biologist in LSA's Irvine office, Mr. Harrison is primarily responsible for conducting and supervising botanical assessments, including floristic inventories, rare plant surveys, vegetation/habitat classification and mapping, impact analyses, and mitigation planning. He has been with LSA since August 1994, and his botanical expertise has involved a wide variety of native plant species and communities throughout Southern and Central California. Mr. Harrison was the chief botanist and project manager of multiple translocation efforts pertaining to populations of intermediate mariposa lily (IML) (Calochortus weedii var. intermedius) and many -stemmed dudleya (Dudleya multicaulis) throughout Orange County, California. He also supervised and managed various botanical experiments and studies conducted by the Biology Department of California State University, Fullerton, and by Earthworks/Tree of Life Nursery regarding IML. Mr. Harrison is recognized as an expert in IML biology and was a guest speaker at the Nature Reserve of Orange County's 10th Anniversary Symposium in November 2006. He also served on the Board of Directors for the Southern California Botanists from 1999 to 2002. Mr. Harrison has extensive experience working with various resource and regulatory agencies to analyze impacts and recommend mitigation measures as part of the CEQA/NEPA documentation for numerous private- and public -sector projects. He has also prepared and/or supervised Natural Environment Studies for several Caltrans projects. As a Wetlands Scientist, Mr. Harrison's chief responsibilities and experience pertaining to regulatory permitting include: (1) identification and delineation of wetlands subject to Section 404 of the Clean Water Act; (2) Jurisdictional Delineations and preparation of notification packages for Streambed Alteration Agreements under Section 1602 of the California Fish and Game Code; (3) identification and delineation of wetlands and streambeds within the Coastal Zone pursuant to the definitions included in the California Coastal Act and implementing regulations as they are currently applied by the California Coastal Commission (CCC) and their staff ecologists; (4) processing of application packages for various regulatory permits, such as Section 404 individual permits, nationwide permits, and Section 401 water quality certifications; and (5) preparation of habitat mitigation and monitoring plans according to guidelines established by the United States Army Corps of Engineers. Mr. Harrison provided expert testimony on wetlands at the CCC's Wetland Workshop in November 2006. PROJECT EXPERIENCE Orange County South Region Landfills Orange County, California Mr. Harrison has functioned as a technical advisor regarding the field surveys and translocation mitigation activities pertaining to the population of federally and State listed thread -leaved brodiaea (Brodiaea filifolia) located on the Prima Deshecha Landfill property. Mr. Harrison has also assisted with jurisdictional delineations and difficult wetland delineation and regulatory permitting issues at Prima Deshecha Landfill. JIM HARRISON ASSOCIATE & SENIOR BIOLOGIST LSA SPECIALIZED PROJECT EXPERIENCE (CONTINUED) TRAINING Alta Mira Canyon Drainage/Erosion Control Project (CONTINUED) Rancho Palos Verde, Los Angeles County, California California Native Grass Mr. Harrison conducted preliminary environmental research and analysis Association, 3rd Annual Plant pertaining specifically to biological resources for the Alta Mira Canyon Identification Workshop, Rancho Drainage/Erosion Control project. This work included preparing the Biological Santa Ana Botanic Garden, May 1995. Resources portion of the CEQA Checklist. Plant Taxonomy, California State Los Cerritos Wetlands/Bixby Ranch University, Fullerton, Spring Long Beach, Los Angeles County, California 1994. Mr. Harrison conducted an extensive biological assessment, including rare Arboriculture, Fullerton plant surveys and habitat assessments, and a comprehensive wetlands Community College, Fall 1993. delineation on 195 of the 252 acres comprising the Los Cerritos Wetlands in Los PROFESSIONAL Angeles County. EXPERIENCE La Pata Road Extension Project Associate & Senior Biologist, LSA, Orange County, California Irvine, California, August 1994— As a technical advisor with many years of wetland delineation experience, Mr. Present. Harrison has assisted in the jurisdictional delineation for the La Pata Road Elected -Board of Directors, Extension Project. He supervised and provided specific guidance regarding the Southern California Botanists examination of soils in potential jurisdictional wetlands on site. Mr. Harrison (1999-2002). also provided peer review of many key jurisdictional areas on site. Biologist, LG&E Power Inc., Environmental Services Division, Waterview Project Irvine, California, August 1990— Los Angeles County, California May 1994. The project site is located on Los Angeles International Airport property Environmental Intern, adjoining Playa del Rey. Mr. Harrison was responsible for conducting a Ultrasystems Engineers & botanical and habitat impact assessment of the project area in response to Constructors, Inc., Environmental concerns from the adjacent property owners and the California Coastal Services Division, Irvine, California, February 1990—August Commission. He provided the client with a plan for the salvage and storage of 1990. native plants on site for replanting after proposed improvements to the project area. Mr. Harrison also prepared and submitted a plant palette and seed mix PROFESSIONAL for native coastal dune vegetation to be installed on site following site AFFILIATIONS preparation. California Native Plant Society (Life Member) Southern California Edison On -Call Biological Services Southern California International Oak Society (Life Over the years, Mr. Harrison has provided various consulting services regarding Member) biological resources to Southern California Edison (SCE) on an as -needed basis. Southern California Botanists Some of these services have included oversight and review of Significant Ecological Areas Technical Advisory Committee Reports pertaining to Significant Ecological Areas on Catalina Island, rare plant surveys on Catalina Island and mainland Southern California, and technical peer review of biological resource documents prepared by LSA biologists and other biological subconsultants. He has assisted SCE with oversight and review of biological surveys and jurisdictional delineations associated with deteriorated pole replacement projects throughout Southern California. LAURA B. MAGEE BIOLOGIST LSA PROFESSIONAL RESPONSIBILITIES PROFESSIONAL Laura Magee has over 7 years of experience conducting biological studies, CERTIFICATIONS/ writing and reviewing reports, and monitoring construction. She has leadership r experience as a lead biological monitor for construction compliance in CPR/Wilderness First Aid Riverside, Los Angeles, and San Bernardino Counties. She has conducted Wilderness Focus Institute, focused surveys for endangered and threatened species in Southern California, California, 2015. including coastal California gnatcatcher (Polioptila californica), least Bell's vireo Scientific Collecting Permit, (Vireo bellii pusillus), burrowing owl (Athene cunicularia), Los Angeles pocket California Department of Fish mouse (Perognathus longimembris brevinasis), Stephens' kangaroo rat and Wildlife (CDFW), No. SC- (Dipodomys stephensi), Aguanga kangaroo rat (Dipodomys merriami collinus), 013561. Delhi Sands flower -loving fly (Rhaphiomidas terminates abdominalis), desert tortoise (Gopherus agassizii), arroyo chub (Gila orcuttii), Santa Ana sucker EXPERTISE (Catostomus santaanae), and Engelmann oak (Quercus engelmannii). Field Biology Construction Monitoring PROJECT EXPERIENCE Endangered Species Focused Prima Deshecha Landfill Bird Studies Surveys Orange County, California General Plant Ms. Magee assists LSA biologist Richard Erickson with conducting protocol Surveys/Vegetation Mapping surveys and monitoring the nesting success of the endangered least Bell's vireo and the threatened coastal California gnatcatcher. Nesting Bird Surveys La Pata Avenue Extension Project EDUCATION San Juan Capistrano, California University of Wisconsin -Madison, Ms. Magee conducts nesting bird surveys for raptors, special -status birds, and B.S., Wildlife Ecology, 2009. nesting birds. PROFESSIONAL 1-5 Widening for California Department of Transportation CERTIFICATIONS/ Orange County, California REGISTRATIONS Ms. Magee surveyed the area for sensitive species, and wrote the Natural CPR/Wilderness First Aid Environment Study (NES). Wilderness Focus Institute, gnatcatcher. California, 2015. Monterey Park Retail Center Scientific Collecting Permit, Monterey Park, Los Angeles County, California California Department of Fish Ms. Magee surveyed the area for sensitive species, including the coastal and Wildlife (CDFW), No. SC- California gnatcatcher. She also monitored grading construction activities 013561. adjacent to critical habitat. PERMITS AND Forest Lawn Memorial Park Expansion AUTHORIZATIONS Covina, Los Angeles County, California CDFW Plant Voucher Collection Ms. Magee monitored vegetation removal and surveyed the area for sensitive Permit (2081(a) -14-062-V) species, including the federally listed -as -threatened coastal California United States Fish and Wildlife gnatcatcher. Service (USFWS) Permit (TE088609-0) for Delhi Sands Mission Boulevard Bridge Replacement at Santa Ana River flower -loving fly (when working Riverside County, California with CDFW 2010) Ms. Magee wrote drafts of the Multiple Species Habitat Conservation Plan (MSHCP) Consistency document and the Determination of Biologically Equivalent or Superior Preservation (DBESP) report. B-37 LAURA B. MAGEE BIOLOGIST LSA Tehachapi Renewable Transmission Project, Southern California Edison Los Angeles, Riverside, and San Bernardino Counties, California As Lead Biological Monitor, Ms. Magee monitored construction for three segments of the Tehachapi Renewable Transmission Project (TRTP). She was approved by the California Public Utilities Commission for the monitoring of the coastal California gnatcatcher, the burrowing owl, the least Bell's vireo, herps, small mammals, bats, nesting birds, plants, and the Delhi Sands flower -loving fly. Ms. Magee also: • Identified habitat types found along the TRTP right-of-way • Identified potential woodrat middens • Relocated woodrat habitats • Conducted burrowing owl surveys (habitat assessments, suitable burrow assessments, confirmation of occupied burrows, construction of artificial burrows, passive relocation of burrowing owls to artificial burrows, and collapse of previously occupied natural burrows), nesting bird surveys, riparian bird surveys (least Bell's vireo and Southwestern willow flycatcher), and California gnatcatcher surveys. In addition, she monitored nests of listed species with permitted biologists, identified potential bat roosts, monitored bat habitat removal, and assisted with acoustical surveys to determine occupation of potential bat habitat. 7031111115 -ye -1 • PROJECT EXPERIENCE (CONTINUED) PROFESSIONAL EXPERIENCE Temescal Canyon Road Bridge Replacement Project Riverside County, California Biologist, LSA, Irvine, California, Ms. Magee wrote a draft of the MSHCP Consistency document. August 2016—Present. Biologist, ICF International, Nesting Bird Surveys Corona, California, February Various Locations, California 2011—July 2016. Ms. Magee performs nesting bird surveys throughout Southern California Biologist, SWCA Environmental during the breeding season in accordance with the Migratory Bird Treaty Act Consultants, Pasadena, and California Fish and Game Code. California, January 2011—March 2012. Residential Development Biologist, San Marino Laguna Niguel, Orange County, California Environmental Associates, San Ms. Magee conducted a habitat assessment and vegetation mapping and Marino, California, June 2010— January 2011. assisted with surveys for the federally listed as threatened coastal California gnatcatcher. She also coordinated with the City of Laguna Niguel and architects Scientific Aide, CDFW, Riverside, regarding the Natural Communities Conservation Planning (NCCP) program. California April 2010—January 2011. Arroyo Chub and Santa Ana Sucker, San Marino Environmental Associates Riverside and Los Angeles Counties, California Ms. Magee served as biologist and caught and released arroyo chubs and Santa Ana suckers with the aid of an electro -fisher shocking device to estimate population and trends. Tehachapi Renewable Transmission Project, Southern California Edison Los Angeles, Riverside, and San Bernardino Counties, California As Lead Biological Monitor, Ms. Magee monitored construction for three segments of the Tehachapi Renewable Transmission Project (TRTP). She was approved by the California Public Utilities Commission for the monitoring of the coastal California gnatcatcher, the burrowing owl, the least Bell's vireo, herps, small mammals, bats, nesting birds, plants, and the Delhi Sands flower -loving fly. Ms. Magee also: • Identified habitat types found along the TRTP right-of-way • Identified potential woodrat middens • Relocated woodrat habitats • Conducted burrowing owl surveys (habitat assessments, suitable burrow assessments, confirmation of occupied burrows, construction of artificial burrows, passive relocation of burrowing owls to artificial burrows, and collapse of previously occupied natural burrows), nesting bird surveys, riparian bird surveys (least Bell's vireo and Southwestern willow flycatcher), and California gnatcatcher surveys. In addition, she monitored nests of listed species with permitted biologists, identified potential bat roosts, monitored bat habitat removal, and assisted with acoustical surveys to determine occupation of potential bat habitat. 7031111115 -ye -1 • LEEANN McDOUGALL ASSISTANT BIOLOGIST LSA EXPERTISE PROFESSIONAL RESPONSIBILITIES Small Mammal Trapping, Ms. McDougall has experience with small mammal trapping, handling, and Handling, and Identification identification. She has handled different -aged sea birds and shore birds, Specimen Collection and collected and preserved specimens, and conducted endangered species Preservation surveys. She has identified vertebrate and plant species native to California, Endangered Species Surveys and birds and mammals of California and Southeast Alaska. In addition, she has Vegetation Monitoring, Mapping, performed bird diet sampling, identification and monitoring of bird nests and and Invasive Species Control burrows, with banding of both upper and lower leg, vegetation monitoring, and mapping and invasive species control. EDUCATION San Jose State University, B.S., PROJECT EXPERIENCE Biological Science (Conservation and Organismal Biology), San Nesting Bird Surveys Jose, California. Various Locations, California Ms. McDougall performs nesting bird surveys throughout Southern California in PROFESSIONAL accordance with the Migratory Bird Treaty Act and California Fish and Game EXPERIENCE Code during the breeding season. Biologist, LSA, Irvine, California, July 2016–Present. Prima Deshecha Landfill Bird Studies Orange County, California Research Associate, Institute for Ms. McDougall assisted in biological studies— including floristic surveys Conservation Research San Diego Zoo Global, Marine Corps Base throughout the property for the planned expansion of the landfill. Camp Pendleton, California. Olinda Alpha Landfill Wildlife Field Technician, U.S. Orange County, California Fish and Wildlife Service, Alaska National Maritime National Ms. McDougall monitored vegetation removal and other construction activities Wildlife Refuge, St. Lazaria, adjacent to critical habitat while crews created new probe roads. Alaska. Research Laboratory Technician, Monarch Beach Projects Dana Point, California Conservation Genetics Laboratory, San Jose State Ms. McDougall performed project monitoring, including conducting wildlife University. surveys, particularly for Western snowy plover (Charadrius nivosus nivosus), Adult California Least Tern and construction monitoring. Banding, Marine Corps Base Camp Pendleton, California. La Pata Avenue Extension Project Biological Monitoring San Juan Capistrano/San Clemente, California Fisheries Management, San Jose State University. Ms. McDougall surveyed the area for sensitive species, including federal- and State -listed as threatened and endangered species (thread -leaved brodiaea [Brodiaea filifolia], coastal California gnatcatcher [Polioptila californica], and least Bell's vireo [Vireo bellli pusillus]), and performed construction monitoring. Forest Lawn Memorial Park Expansion West Covina, California Ms. McDougall surveyed the area for sensitive species, including the federal - listed coastal California gnatcatcher [Polioptila californica] as well as monitoring vegetation removal by a hand crew and construction equipment. LEEANN McDOUGALL ASSISTANT BIOLOGIST LSA PROJECT EXPERIENCE (CONTINUED) Monterey Park Retail Center Monterey Park, California Ms. McDougall surveyed the area for sensitive species, including the federal -listed coastal California gnatcatcher [Polioptila californica]. She recorded and mapped the presence of the coastal California gnatcatcher on site, along with monitoring vegetation removal and other construction activities adjacent to critical habitat. Adult California Least Tern Banding Marine Corps Base Camp, Pendleton, California Ms. McDougall assisted in trapping and banding adult California least terns. She monitored nests to identify the band status of a wide range of birds. Temescal Canyon Road Drainage Improvement Project South Corona, California Ms. McDougall monitored the project area for nesting birds, checked for small mammals that were trapped, monitored installation of environmentally sensitive area fencing, and monitored ground -disturbing activities and construction operations. Research Associate, Institute for Conservation Research San Diego Zoo Global Marine Corps Base, Camp Pendleton, California Ms. McDougall worked on -base with crewmates to monitor and record data on California least tern and Western snowy plover. She conducted bird counts, identifying band status, the birds' age and sex. She monitored and surveyed different plots and transects for new nests along with following the nests until the chicks fledged. She collected data on reproductive success, chick growth, and overall population and colony success. Her duties included handling tern and plover chicks, measuring wing cord length, weighing and applying United States Geological Survey service bands to upper or lower legs, and identifying and recording different species and their appropriate nests. She also gained experience in predator identifying, recording and monitoring, human disturbance prevention, species identification, data entry, chick pin installation and maintenance, and community education and outreach. Wildlife Field Technician, U.S. Fish and Wildlife Service, Alaska National Maritime National Wildlife Refuge St. Lazaria, Alaska Ms. McDougall lived on-site and worked with crewmates to monitor and record data on specific seabird species. Independently and collectively, she conducted counts and monitored different plots and transects to collect data on breeding chronology, reproductive performance, chick growth, population density, and food habits. Her duties included following different detailed protocols, species identification, handling birds, measuring weight, diagonal tarsus and wing cord length, mist netting, collecting and identifying diet samples and preserving those samples for further lab work, circumnavigation, running transects, data entry, data analysis, and plot enhancements. LONNIE RODRIGUEZ BIOLOGIST EXPERTISE Field Biology Water Quality Presence/Absence Desert Tortoise Surveys and Monitoring Construction Monitoring General Plant Surveys Vegetation Mapping EDUCATION Humboldt State University, B.S., Environmental Science, Arcata, California, 2001. Grade I Wastewater Treatment Plant Operator Exam Completion. April 5, 2014. Identification and Ecology of the Fairy and Tadpole Shrimp of California, Oregon, and Washington, 2012. Desert Tortoise Council, Introduction to Surveying, Monitoring, and Handling Techniques Workshop, 2012. United States Environmental Protection Agency Watershed Academy Webcasts, Nitrogen and Phosphorus Pollution and Harmful Algal Blooms in Lakes, 2011. Edward S. Babcock & Sons, Inc., Environmental Laboratories, Stormwater Monitoring in Southern California — Maintaining and Preserving Watersheds, 2010. United States Environmental Protection Agency Office of Water, Treatment in the Same Manner as a State (TAS) for the Water Quality Standards, 2010. PROFESSIONAL RESPONSIBILITIES LSA As an LSA Biologist, Mr. Rodriguez conducts biological surveys and biological monitoring throughout Southern California for a variety of projects. Surveys include desert tortoise presence and absence surveys, nesting bird surveys, burrowing owl surveys, and general plant and wildlife surveys. Mr. Rodriguez has also conducted drainage assessments, vegetation mapping, and monitored scrub clearing in order to provide regulatory compliance for agencies such as the United States Army Corps of Engineers (Corps), United States Fish and Wildlife Service (USFWS), and California Department of Fish and Wildlife (CDFW). His additional experience includes Worker Environmental Awareness Plan (WEAP) training, mapping biological resources using global positioning system (GPS) technology, and report writing. Mr. Rodriguez also has experience running a water quality and nonpoint source program. His duties included: collecting monthly water quality data, annual sample collections, reduction or elimination of both potential and existing sources of surface water pollution, analysis of water quality data, calibration of sampling equipment, and quality assurance. PROJECT EXPERIENCE Prima Deshecha Landfill Bird Studies Orange County, California From 2014 to 2016, Mr. Rodriguez assisted LSA biologist Richard Erickson with conducting protocol surveys and monitoring the nesting success of the endangered least Bell's vireo and the threatened coastal California gnatcatcher La Pata Avenue Extension Project San Juan Capistrano, California Mr. Rodriguez conducts annual nesting bird surveys for raptors, special -status birds, and nesting birds. He submits all identified nest in report format to the client on a weekly basis. He also is in direct communication with Orange County Public Works and contractors regarding project responsibility for environmental compliance. He plays a role in the understanding of the permit conditions and mitigation measure to document and assist with contractor compliance. Mr. Rodriguez also conducts preconstruction nesting bird surveys prior to any vegetation clearing within the project limits. In addition Mr. Rodriguez conducts Worker Environmental Awareness Program (WEAP) training to OC Public Works and all contractors on site, informing them of special -status species and regulations applicable to the project. As a monitor he has established resource buffers and worked with the agencies on the relocation of species of special concern. Southern California Edison On -Call Services Contract Southern California Mr. Rodriguez has monitored the installation of wooden poles for electric line distribution and road grading for nesting raptors and birds, throughout Orange, Riverside, and San Bernardino County. His duties included briefing work crews on Southern California Edison construction guidelines requiring compliance for wildlife species. He also surveyed the project areas for special -status species and assisted the work crews with compliance during construction activities. AN 5 LONNIE RODRIGUEZ BIOLOGIST LSA EDUCATION PROJECT EXPERIENCE (CONTINUED) (CONTINUED) Bat Monitoring for California Department of Transportation United States Environmental Southern California Protection Agency office of water, Mr. Rodriguez monitored potential bat maternity colonies under the bridges of Office of Science and Technology Interstate 215 (1-215) during night and daytime construction activities. This and EPA Region 9, Tribal Water Quality Standards Academy included visually monitoring for the potential disturbance of bats during Workshop, 2010. construction activity in order to avoid or minimize flight out of bat panels United States Environmental mounted under the bridges. He provided bat counts within the panels before Protection Agency Tribal Nonpoint and after construction. He has also conducted bridge bat emergence surveys. Source Workshop, Implementing a West of Devers Project Nonpoint Source Program, 2009. Banning, California Environmental outreach and Mr. Rodriguez conducted vegetation mapping for Southern California Edison Stewardship Alliance, Habitat Restoration/Mitigation Creative (SCE) on the Morongo Band of Mission Indian Reservation for the West of Planning and Implementation, Devers project. The area was surveyed on foot with the use of aerial 2009. photographs and global positioning system (GPS) units. The Biological Study Area was mapped based on regional area and vegetation dominance to PROFESSIONAL produce mapping information. EXPERIENCE Wildlife Hazard Assessments, California Department of Aeronautics Biologist, LSA, Irvine, California, Sacramento, California 2012—Present. Mr. Rodriguez kept track of all Wildlife Hazard Assessment field data from eight Environmental specialist, Morongo separate airports. His duties included data entry of all species identified at Band of Mission Indians, Banning, airports into Microsoft Excel. Monthly, he uploaded all data into a SharePoint California, August 2009—July 2012. site for the distribution and review of project -related documents. Mr. Landfill Technician, RES Rodriguez assisted field biologists in setting up and formatting field cameras for Environmental, Inc., May 2005—July airport use and reviewed all field camera photos to identify species for data 2005. entry. Maintenance (Trail Crew), Yellowstone National Park, June Thread -Leaved Brodiaea Translocation Project, Prima Deshecha Landfill, 2004—November 2004. Orange County, California Forestry Cruiser, Mason, Bruce & Mr. Rodriguez monitored the seeding of supplemental grassland species with Girard, August 2003—June 2004. project area. As well as assisted with the building of the thread -leaved brodiaea translocation cages. TEACHING Frank R. Bowerman Landfill Morongo Band of Mission Indians, Irvine, California Teacher, Preschool—Eighth Grade Mr. Rodriguez monitored construction work for CIC Waste & Recycling PRESENTATION employees and sub -contractors, assisting with compliance. He has performed nesting bird and special -status surveys prior to the installation of project Environmental Protection Agency boundary fencing and brush clearing. He worked around construction Conference, The 20th Annual Region 9 Tribal/EPA Conference equipment to keep the equipment within the limits of the project area. As a (San Francisco), "How to Store monitor he relocated wildlife species out of the project area. Water Quality Data into EPA's Repository for Sharing Water Camp Pendleton Monitoring Data." November 27— Stuart Mesa and Santa Margarita Housing Communities 29, 2012. Mr. Rodriguez conducted nesting bird surveys in two separate communities on Marine Corps Base Camp Pendleton. His duties included surveying for nesting birds on the houses, checking old nest to see if they have been renewed, and mapping the location of the nest. All identified nest were sent to the painting contractor in a memorandum describing the active nest location and the houses that needed to be avoided until nesting was complete. LEO JAMES SIMONE ASSOCIATE/BIOLOGIST LSA Computer -Aided Design PROFESSIONAL RESPONSIBILITIES As an Associate, Biologist, Certified Arborist, and Certified Tree Risk Assessor f for LSA, Mr. Simone has extensive experience in natural resource management. Central Washington University, His duties include: performing wildlife surveys; wildlife corridor and mitigation M.s., Resource Management, planning; small mammal trapping; focused rare, threatened, and endangered 1999. Thesis: Seeking the Middle species surveys; tree risk assessments; oak tree and Joshua tree inventory and Ground in Building Consensus to evaluations for suitability for transplanting; biological assessments; vegetation/ Develop a Water Bank in the habitat classification; and wetlands and jurisdictional waters delineation. Yakima River Basin. Mr. Simone's responsibilities also entail all aspects of the entitlement process from initial assessment through permitting and implementation. He has California Polytechnic State managed numerous projects and prepared many final reports and agency University, San Luis Obispo, approvals (United States Army Corps of Engineers [Corps], United States Fish EXPERTISE and Wildlife Service [USFWS], California Department of Fish and Wildlife Wildlife Surveys [CDFW], and the Regional Water Quality Control Board [RWQCB]). Mr. Simone Science, 1997. also performs environmental analysis, prepares CEQA and NEPA Rare, Threatened, and Endangered Species documentation, and provides expertise with water resources law and policy New Zealand, the California State issues. Small Mammal Trapping Arborist Reports PROJECT EXPERIENCE Tree Risk Assessments Arborist Services and Exotic Species Eradication, Ortega Highway Safety Improvements Project Biological Assessments Orange County, California Entitlements and Permitting As an International Society of Arboriculture (ISA) Certified Arborist, Mr. Simone Wetland/Jurisdictional has conducted coast live oak tree (Quercus agrifolia) risk assessments of oaks Determination impacted within the project limits. The project site consists of State Route 74 Water Resource Management (SR -74) (Ortega Highway) from San Juan Creek Bridge east to the Orange/ Riverside County line on Cleveland National Forest lands within the County of Eradication of Exotics Orange. From 2008 through 2011, Mr. Simone participated in nonnative Landscape Architecture/Land Use bullfrog and crayfish eradication operations as part of the mitigation effort for Planning the federally listed endangered arroyo toad (Anaxyrus californicus) along San Geographic Information Systems Juan Creek adjacent to SR 74 in the Cleveland National Forest. Computer -Aided Design Sensitive Species Surveys Southern California EDUCATION In addition to small mammal trapping, Mr. Simone has conducted numerous Central Washington University, sensitive wildlife species surveys throughout Southern California, including M.s., Resource Management, coastal California gnatcatcher (Polioptila californica californica), burrowing owl, 1999. Thesis: Seeking the Middle and desert tortoise. Ground in Building Consensus to Develop a Water Bank in the Yakima River Basin. Antelope -Pardee 500 -Kilovolt Transmission Line Los Angeles County, California California Polytechnic State Mr. Simone, working with a team of arborists/biologists, surveyed an University, San Luis Obispo, Bachelor of Landscape approximately 26 -mile -long corridor of transmission line through the City of Architecture; Minor in Water Santa Clarita, Angeles National Forest, unincorporated Los Angeles County, and Science, 1997. the City of Lancaster. The survey focused primarily on native oak trees, but also Lincoln University, Canterbury, assessed other native trees and arborescent shrubs within the corridor. New Zealand, the California State University International Program, 1996. LEO JAMES SIMONE ASSOCIATE/BIOLOGIST LSA PROFESSIONAL PROJECT EXPERIENCE (CONTINUED) CERTIFICATIONS/ ADDITIONAL EXPERIENCE REGISTRATIONS International Society of As a Certified Arborist, Mr. Simone has undertaken numerous tree surveys and Arboriculture, Certified Arborist, prepared arborist reports for projects throughout southern California. No. WE -8491A. International society of As a Certified Tree Risk Assessor, Mr. Simone conducts risk assessments to Arboriculture, Certified Tree Risk identify structural defects in trees where a target may be impacted. Assessor, No. 1521. Mr. Simone has conducted focused botanical surveys for the following rare, SPECIALIZED threatened, or endangered species: intermediate mariposa lily, slender -horned TRAINING spineflower, Santa Ana River woollystar, San Miguel savory, and Nevin's The Sensitive Small Mammal barberry. Mr. Simone has extensive experience taking oak tree inventory and Species of the San Joaquin valley Joshua tree inventory and evaluations for suitability for transplanting. Workshop, September 2010. Workshop on Insects and Mr. Simone's experience pertaining to wetlands and jurisdictional waters Diseases Affecting Native Oaks in regulatory permitting include: (1) identification and delineation of wetlands Southern California, September and jurisdictional waters subject to Section 404 of the Clean Water Act; (2) 2010. determinations and preparation of notification packages for Streambed Animal Behavior and Tracking, Alteration Agreements under Sections 1602 of the California Fish and Game Orange County Trackers, October Code; (3) processing of application packages for various regulatory permits 2009. (e.g., Section 404 Individual Permits, Nationwide Permits, and Section 401 Arborist Certification Continuing water quality certifications/waivers); and (4) preparation of habitat mitigation Education, Tree Identification, and monitoring plans according to guidelines established by the Corps. Tree Biology, Pesticides, Santiago Community College, 2008. Mr. Simone also has substantial background in biological construction Tree Risk Assessment Course monitoring in compliance with State and federal environmental requirements. In this capacity, he has monitored coastal sage scrub and riparian and oak International society of woodland plant communities for sensitive species, e.g., coastal California Arboriculture Pacific Northwest Chapter, 2012. gnatcatcher, San Bernardino kangaroo rat, Stephens' kangaroo rat, and Mojave ground squirrel. Advanced Hydric Soils, San Diego, Wetland Training Institute, February 2006. Mr. Simone is experienced in landscape architecture, land use planning analysis, hydrology, and water resources law and policy. He is proficient in 12th Annual Desert Tortoise computer-aided design, teaching, landscape analysis, GIS, landscape design, Surveying, Monitoring, and and cartography. Mr. Simone was a contributing author to the Morro Bay State Handling Techniques Workshop; Desert Tortoise Council, October Estuary and Watershed Management Plan. 2003. San Joaquin Kit Fox Workshop, San Luis Obispo County, July 2003. Bird Identification Workshop, Sea and Sage Audubon Society, 2003. Flora of Camp San Luis Obispo, Jepson Herbarium Workshop, May 2002. California State University, Long Beach Extension, Applied Biology, 2000. A/ I KING THOMAS ASSOCIATE/ENVIRONMENTAL PLANNING EXPERTISE Environmental Planning and Assessment Environmental Impact Reports Transportation Planning EDUCATION University of California, Irvine, B.A., Social Ecology, Specialization in Environmental Health and Planning, 1986. PROFESSIONAL EXPERIENCE Associate, LSA, Environmental Planning Consultants, Irvine, California, 1999—Present. Associate Project Manager, Hogle-Ireland, Inc., Irvine, California, 1995-1996. Transportation/Urban Planner, County of Orange, EMA Transportation Planning and Regional Coordination Office, Santa Ana, California, 1991- 1995. Senior Environmental Analyst, San Joaquin Hills Transportation Corridor, Transportation Corridor Agencies, Costa Mesa, California, 1990-1991. Transportation/Urban Planner, County of Orange, EMA Land Planning, Advanced Planning, Environmental Planning and Transportation Planning, Santa Ana, California, 1986-1990. PROFESSIONAL RESPONSIBILITIES LSA Mr. Thomas is an Associate with LSA with over 28 years of environmental and transportation planning experience. He is responsible for the coordination and preparation of environmental documents and securing environmental permits for a myriad of transportation and development projects. Mr. Thomas' projects involve extensive coordination with local, State, and federal agencies; consultants; landowners/developers; and the general public. His technical environmental and planning expertise includes environmental assessment; preparation of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents; transportation planning; long- range planning; and impacts to parklands and recreational uses. PROJECT EXPERIENCE Altamira Canyon Drainage/Erosion Control Project Rancho Palos Verdes, California LSA, under contract to Harris and Associates, prepared a scope of services for the Altamira Canyon Drainage/Erosion Control Project (project) environmental phase for the City of Rancho Palos Verdes Public Works Department. Mr. King serves as the Environmental Project Manager. The project is located in the City of Rancho Palos Verdes (City) in Los Angeles County (County). The City Public Works Department proposes to address drainage and erosion control issues associated with Altamira Canyon through the construction of drainage improvements from Narcissa Drive (east of Sweetbay Road) to south of the outlet of the large -diameter corrugated metal pipe to 100 ft short of the Pacific Ocean, a distance of approximately 4,700 linear feet (ft). The scope of services includes preparing an Initial Study, Mitigated Negative Declaration (IS/MND) (for CEQA compliance) and supporting technical studies. Technical studies in support of the IS/MND would include: Air Quality, Global Climate Change and Greenhouse Gas Emissions, Noise, Jurisdictional Delineation, Biological Assessment, focused surveys for plants and animals, Cultural Resources Assessment, Paleontological Resources Assessment, and an IS/MND Hydrology and Water Quality section. Permit applications would be prepared for Section 404 Individual Permit, Section 401 Water Quality Certification, a Section 1602 Streambed Alteration Notification, and a Coastal Development Permit. If federal funds are identified, the project would also require compliance with NEPA and would require preparation of an Environmental Assessment/Finding of No Significant Impact (EA/FONSI) with supporting technical studies. Alameda Corridor -East Grade Separations Los Angeles County, California LSA is providing on-call environmental services for the Alameda Corridor -East (ACE) Grade Separation projects. Mr. Thomas managed the preparation of the technical analyses and environmental documents for the following grade separation projects: Fairway Drive (City of Industry), Puente Avenue (City of Industry), Fullerton Road (City of Industry), and Durfee Avenue (Pico Rivera). Mr. Thomas is also managing construction monitoring for the following grade separation projects: Baldwin Avenue (City of EI Monte), Puente Avenue (City of Industry), Nogales Street (City of Industry), and San Gabriel Trench (Cities of San Gabriel and Alhambra). The San Gabriel Trench project will lower the m, A ^i KING THOMAS ASSOCIATE/ENVIRONMENTAL PLANNING LSA PROJECT EXPERIENCE (CONTINUED) railroad into a 1.4 -mile -long trench, grade -separating four roadway/railroad intersections. In addition, Mr. Thomas managed the preparation of IS/Negative Declarations (NDs) for two City betterment projects—Fairway/Walnut Intersection Improvements (IS/ND approved October 2012) and Fullerton Road Widening (IS/ND approved September 2013)—that will be constructed at the same time and under the same contracts as the Fairway Drive and Fullerton Road grade separation projects. Ball Road Drainage and Sanitary Sewer Project Anaheim, California Mr. Thomas is managing the preparation of technical studies, the environmental document (IS/MND), and jurisdictional permits for the Ball Road Drainage and Sanitary Sewer project in the City of Anaheim. The project would replace existing storm drain and sewer facilities along Ball Road between west of Knott Avenue on the west and east of Beach Boulevard on the east. The storm drain replacement also extends from Ball Road to the northeast along the old Pacific Electric Railroad right-of-way (owned by the Orange County Transportation Authority) to the Carbon Creek Channel, a flood control facility owned by the Orange County Flood Control District. Proposed improvements in Carbon Creek include upgrading 115 feet of channel to its ultimate 100 -year flood capacity, replacing and upsizing the existing outlet into the creek and constructing a concrete channel wall to connect to the new storm drain outlet. Technical analyses LSA is conducting in support of an IS/MND include air quality and greenhouse gas emissions, noise, biological resources, cultural resources, and paleontological resources analyses. LSA is also preparing a jurisdictional delineation report and applications for the following permits: Section 404 from the Corps, Section 401 Water Quality Certification from the RWQCB, and Section 1602 Streambed Alteration Agreement from the CDFW. Caltrans District 7 On -Call Environmental Services (Interstate 5 Corridor from Kern County to Orange County Border Line and Los Angeles County, Central Area) Los Angeles County, California LSA was awarded two on-call environmental contracts with Caltrans District 7. LSA is providing professional and environmental technical services on an "as -needed" basis for the preparation of environmental documents and related environmental technical studies to support the development and construction of proposed State transportation facilities. Mr. Thomas is serving as the Project Manager for the overall contract. Newhall Ranch Road Bridge Widening Project Santa Clarita, California Mr. Thomas managed the preparation of the Preliminary Environmental Study, environmental technical studies, and environmental documents, and is currently managing preparation of the resource agency jurisdictional authorizations for this project. The proposed project would widen the existing Newhall Ranch Road Bridge over San Francisquito Creek from six to eight lanes. Funds from the federal Highway Bridge Replacement and Rehabilitation Program (HBRR) administered through the Caltrans and local funds will be used. Therefore, this project is required to comply with both CEQA and NEPA. The City of Santa Clarita is the project proponent and the lead agency for CEQA compliance. Caltrans is the lead agency for NEPA compliance and preparation of the technical studies and the NEPA document was overseen by the Caltrans District 7 Office of Local Assistance. The City approved the IS/MND on July 27, 2015, and Caltrans approved the NEPA Categorical Exclusion with supporting technical studies on September 2, 2015. The project's permanent impact to areas jurisdictional to the United States Army Corps of Engineers, the California Department of Fish and Wildlife, and the Los Angeles Regional Water Quality Control Board (RWQCB) are analyzed and permitted through the Natural River Management Plan (NRMP) approved in 1998 which is a joint Environmental Impact Report/Environmental Impact Statement (EIR/EIS) that evaluated the bridge's construction and permanent impacts. Compliance with resource agency requirements will be demonstrated through Verification Request Letters currently being prepared to document the project's compliance with the NRMP. i � � DENISE WOODARD ASSOCIATE/SENIOR BIOLOGIST EXPERTISE Biological Assessments Rare, Threatened, and Endangered Species Wetlands Delineation State and Federal Permitting Procedures PROFESSIONAL RESPONSIBILITIES LSA Ms. Woodard conducts and manages coordination of biological studies, conducts focused rare, threatened, and endangered species surveys, conducts habitat evaluations, and prepares general and technical reports. She has expertise in general biological assessments, focused research studies on rare, threatened, and endangered species, wetlands delineation, and regulatory compliance and permitting. Ms. Woodard has extensive experience in Southern California and has worked for both public (i.e., U.S. Fish and Wildlife Service) and private sectors in Riverside, San Bernardino, Ventura, and San Luis Obispo Counties in California, and Pima County in Arizona. She has conducted biological studies in a variety of terrestrial and aquatic habitats, in arid and coastal environs of Central and Southern California. In arid habitats she has conducted special status species surveys for the Delhi Sands flower -loving fly, flat -tailed horned lizard, fringe - toed lizard, desert tortoise, burrowing owl, Palm Springs round -tailed ground squirrel, as well as a variety of plant species. Her primary coastal experience includes special status species surveys for the Quino checkerspot butterfly, black abalone, two -striped garter snake, southwestern pond turtle, arroyo toad red -legged frog, tidewater goby, California gnatcatcher, and San Diego horned lizard. EDUCATION In Ms. Woodard's 20 years of professional experience as a biologist, she has B. S., Natural Resources worked closely with federal and State agencies and has wide ranging Management, California knowledge of federal and State regulations involving threatened and Polytechnic University, endangered species and wetlands/jurisdictional waters. 1991 ENDANGERED SPECIES PERMITS PROFESSIONAL EXPERIENCE Ms. Woodard holds a current permit, issued by the U.S. Fish and Wildlife Service (PRT -777965), to perform surveys for the following threatened or Associate/Senior Biologist, endangered species: LSA, Riverside, CA, 1997— Present • Quino checkerspot butterfly (since 1998) Project Manager/Biologist, Thomas Olsen Associates, California gnatcatcher (since 1998) Hemet, CA, 1994-1997 • Southwestern willow flycatcher (since 2012) Biological Technician, TGS Delhi sands flower -loving fly (since 1993) Technology, Piedras Blancas, San Luis Obispo Other certifications include the following: County, CA, 1992 Biological Technician 0 Certification to conduct flat -tailed horned lizard surveys, Bureau of Land National Marine Fisheries Management (since 1997) Service , Morro Bay Field Office, San Luis Obispo 0 U.S. Fish and Wildlife Service -qualified to independently handle the County, CA, 1990-1991 Coachella Valley fringe -toed lizard (since 2011). 1 B-47 DENISE WOODARD ASSOCIATE/SENIOR BIOLOGIST LSA PROFESSIONAL ENDANGERED SPECIES PERMITS (CONTINUED) EXPERIENCE U.S. Fish and Wildlife Service -qualified to conduct focused (CONTINUED) presence/absence surveys for the desert tortoise (since 1996). Biological Assistant, California Department of Authorized as an Independent Investigator under California Department Fish and Game, Morro Bay of Fish and Game Letter of Agreement between the CDFG and LSA to Field Office, San Luis conduct surveys for Mohave ground squirrel (since 2012). Obispo, CA, 1990-1991 PROJECT EXPERIENCE 1-15/1-215 Interchange Improvements Project, San Bernardino Associated Governments San Bernardino County, California For this ongoing, complicated transportation project, Ms. Woodard is managing biological resources services, including a Natural Environment Study, Biological Assessment, and associated technical studies including a wetlands delineation/jurisdictional determination, rare and endangered species surveys for the arroyo toad, coastal California gnatcatcher, and San Bernardino kangaroo rat. Needles Highway Improvement Project San Bernardino County, California Ms. Woodard is managing the biological services for this improvement/rehabilitation of a stretch of highway from the City of Needles to the Nevada border, one part of which runs through sacred tribal lands while another follows an alignment of Old Route 66. Services include the preparation of a Natural Environment Study, Biological Assessment, and associated technical studies including a wetlands delineation/jurisdictional determination. Potrero Road/SR-60 Interchange Beaumont, California Ms. Woodard was biological resource manager for preparation of the natural environment study, and associated technical studies including Western Riverside County Multiple Species Habitat Conservation Plan Consistency Analysis, and Determination of Biologically Equivalent or Superior Preservation; Wetlands Delineation/Jurisdictional Determination, and Burrowing Owl Survey. Gene Autry Trail Widening Palm Springs, California Ms. Woodard served as biological resource manager for the preparation of the Natural Environment Study and Biological Assessment. Riverside/1-10 Interchange Project Rialto, California Ms. Woodard prepared the Natural Environment Study Wetlands Delineation/Jurisdictional Determination and conducted a habitat suitability assessment for the Delhi sands flower -loving fly. i � i "_ \ 1 m. STANDARD BILLING RATES JUNE 2016 SCHEDULE OF STANDARD CONTRACT PROVISIONS L S A AND BILLING RATES HOURLY BILLING RATES EFFECTIVE JUNE 2016 Job Classification Hourly Unit Cost Description Unit Cost Reproduction (8.5 x 11) B/W $0.07 per page GPS Unit Rate Planning Environmental Transportation Air/Noise Cultural Resources Biology GIS Range"z Principal Principal Principal Principal Principal Principal Principal $170-325 Associate Associate Associate Associate Associate Associate Associate $85-230 Senior Senior Senior Senior Air Senior Cultural Senior Biologist/ Senior GIS $90-195 Planner Environmental Transportation Quality/Noise Resources Manager Botanist/Wildlife Specialist Planner Planner/Engineer Specialist Biologist/Ecologist/ Soil Scientist/ Herpetologist/ Arborist Planner Environmental Transportation Air Quality/ Cultural Resources Biologist/Botanist/ GIS Specialist $70-150 Planner Planner/Engineer Noise Specialist Manager Wildlife Biologist/ Ecologist/Soil Scientist/ Herpetologist/ Arborist Assistant Assistant Assistant Air Quality/ Cultural Resources Assistant Biologist/ Assistant GIS $65-110 Planner Environmental Transportation Noise Analyst Analyst Botanist/Wildlife Specialist Planner Planner/Engineer Biologist/Ecologist/ Soil Scientist/ Herpetologist/ Arborist Field Services Senior Field Crew/Field Crew $65-90 Office Services Research Assistant/Technician $45-60 Graphics $105-125 Office Assistant $55-100 Word Processing/Technical Editing $75-110 s The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $400 per hour regardless of job classifications. Z Hourly rates are subject to review at least annually, on or about June 1 of each year, and may be adjusted to reflect changing labor costs at LSA's discretion at that time. LSA IN-HOUSE DIRECT EXPENSES EFFECTIVE JANUARY 2017 L:\CORP\Contract rev 010917.docx «01/09/17» 3 B-50 Description Unit Cost Description Unit Cost Reproduction (8.5 x 11) B/W $0.07 per page GPS Unit $75.00 per day Reproduction (8.5 x 11) Color $0.40 per page Total Station Surveying Instrument $50.00 per day Reproduction (11 x 17) B/W $0.10 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) Color $0.75 per page Laser Rangefinder $25.00 per day CD Production $5.00 per CD Sound Meter $75.00 per day USB Flash Drive $5.00 per drive Sound Meter with Velocity Transducer $85.00 per day Plotting $3.75 per sq ft Aerial Photo Cost Mileage (IRS approved 1/1/2017) On -Road $0.535 per mile Boat Rental $125.00 per day Mileage Off -Road $0.69 per mile Water Quality Meter $25.00 per day L:\CORP\Contract rev 010917.docx «01/09/17» 3 B-50 .. - •ter• � m 3'��i�"tel - . X1 < t W � 999