The URL can be used to link to this page

Chambers Group Inc - FY2020-069-02 AMENDMENT NO 2 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT NO 2 TO THE AGREEMENT FOR CONTRACTUAL SERVICES("Amendment No 2")by and between the CITY OF RANCHO PALOS VERDES, a municipal corporation ("City"), and CHAMBERS GROUP, INC , a California corporation ("Consultant") is effective as of October 4, 2022 RECITALS A City and Consultant entered into that certain Agreement for Contractual Services dated May 19, 2020 ("Agreement") in the amount of$265,718 50 whereby Consultant agreed to provide environmental studies and produce environmental documents for the Portuguese Bend Landslide Mitigation Project ("Project")with a term of one year,with the option to extend the term for one additional year B On May 19, 2021, City authorized an administrative extension of the term of the Agreement for 180 days to November 14, 2021 C On November 19, 2021, City and Consultant entered into Amendment No 1 to the Agreement, to extend the time for Consultant to complete the Project to November 30, 2022 D On February 7, 2022, Consultant requested a change order in the amount of $21,859 50 The change order was executed showing the line items totaling $21,895 50, however, the sum of the line items was actually $21,859 50 Therefore, the change order amount was $21,859 50 and the Contract Sum was increased to $287,577 50 The City's Contract Officer approved the change order, and as part of the Change Order, the Contract Officer negotiated an earlier completion date of November 3, 2022 E On July 26, 2022, Consultant requested an additional change order in the amount of$117,209 and a further time extension to complete the Project F After reviewing the requested change order, City and Consultant have agreed that Consultant will finalize the Technical Studies (Task 3 of the Agreement) and provide them to the City who will separately contract with another environmental consultant who will complete the Project's Environmental Documents (Tasks 5, 6, 7, and 8 of the Agreement) G Therefore, the Contract Sum will be amended to a total not to exceed $244,977 50 as per Exhibit "C", which is inclusive of all amounts paid to date The Technical Studies shall be completed in accordance with Exhibit "D" The Parties agree that no further amendments or change orders shall be permitted,and that the amended Scope of Work,Schedule of Compensation, and Schedule of Performance supersede and replace the Scope of Work, Schedule of Compensation, and Schedule of Performance in the Agreement TERMS 1 Contract Changes The Agreement is amended as provided herein Deleted text is indicated in sttrlietlifetigli and added text in bold italics a Section 2 1,Contract Sum, is amended as follows "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 $265,718 50 (Two Hundred Sixty Five Thousand Seven Hundred Eighteen Dollars and Fifty Cents)$244,977 50 (Two Hundred Forty Four Thousand and Nine Hundred and Seventy-Seven Dollars and Fifty Cents) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 19 b Section 3 4,Term, is amended as follows "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 July 31, 2022November 17, 2022, except as otherwise provided in the Schedule of Performance (Exhibit "D") " c Exhibit "A" Scope of Services, is superseded and replaced by Exhibit "A" Scope of Services Amendment No 2," attached hereto and incorporated by reference d Exhibit "C" Schedule of Compensation, is superseded and replaced by Exhibit "C" Schedule of Compensation Amendment No 2, attached hereto and incorporated by reference 2 Continuing Effect of Agreement Except as amended by this Amendment No 2, all provisions of the Agreement shall remain unchanged and in full force and effect From and after the date of this Amendment No 1,whenever the term"Agreement"appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos 1 and 2 to the Agreement 3 Affirmation of Agreement, Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein Each party represents and warrants to the other that the Agreement is currently an effective,valid,and binding obligation Consultant represents and warrants to City that, as of the date of this Amendment No 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement 01203 0006/813094 6 -2- City represents and warrants to Consultant that, as of the date of this Amendment No 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement 4 Adequate Consideration The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No 2 5 Authority The persons executing this Amendment No 2 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 Amendment No 2 on behalf of said party, (iii) by so executing this Amendment No 2 , such party is formally bound to the provisions of this Amendment No 2 ,and (iv)the entering into this Amendment No 2 does not violate any provision of any other agreement to which said party is bound [SIGNATURES ON FOLLOWING PAGE] 01203 0006/813094 6 -3- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written CITY CITY OF RANCHO PALOS VERDES, a municipal co .orad • David L Bradley, r ATTEST eres. .oka, City Clerk APPROVED AS TO FORM ALESHIRE & WYNDER, LLP William W ynd4 ity Attorney CONSULTANT CHAMBER' GRI UP, I , a California corporation By IYVII• Name ike McEntee Title COO By Name Alex urrola Title CEO/CFO Address 5 Hutton Center Dr, Suite 750 Santa Ana, CA 92707 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 0006/813094 6 -4- 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 rrolel On 04 g51 ,2022 before me,Irk3t44-ayi ay41-0-"-.�'personally appearedI tI�e 4cGrltee a�a pro d 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 �• , RIS TAN JAY LAVA TEKIRDAGLIS WITNESS my hand and official seal _ Notary Public County California Orange County =1 .` Commission#2402325 SignaturejoMY Comm Expires Apr 27 2026 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203 0006/813094 6 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 ,2022 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 capaclty(1es), 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01203 0006/813094 6 EXHIBIT "A" SCOPE OF SERVICES AMENDMENT NO 2 I. Consultant will perform the following services to complete the Initial Study and Technical Studies in support of environmental documents for the Portuguese Bend Landslide Mitigation Project (Project) pursuant to the requirements of the California Environmental Quality Act (CEQA). The Project consists of fracture sealing, drainage swales, and dewatering (hydraugers) improvements in the Portuguese Bend Landslide area in an effort to significantly reduce land movement (see Exhibit "A-1" for the geographic outline of the project site) The Initial Study and Technical Studies will be provided to the City's environmental consultant who will complete the Environmental Impact Report. A Task 1 Project Initiation —Task Completed This task includes meeting with City staff to discuss Project history, Project description, specific Project issues, and CEQA schedule The City will provide copies of previously completed studies and the Project site plan as available Chambers Group will prepare the CEQA project description and submit to City staff for review Task 1.1. IGck-off Meeting and Data Acquisition After receiving the notice to proceed (NTP), the Chambers Group Project Manager, Ms Kelene Strain, will meet with representatives from the City at a Project Initiation/Kick-Off Meeting to discuss the site history, project description, specific project issues, and CEQA schedule, as well as receive available Project information and technical reports It is assumed that this information will include the following listed technical studies identified in the RFP geotechnical evaluation report, feasibility study, design package, and other available studies Chambers Group will review all available Project-related data and previous technical reports provided by the City Chambers Group is not responsible for the accuracy of any existing technical reports Chambers Group will work closely with the City to determine what additional data must be collected in support of the CEQA document being prepared It is assumed that Chambers Group can use these documents in the analysis of the Project Task 1 2 Project Descnption Chambers Group will develop a comprehensive description for the Project that will form the basis for the analysis of the potential impacts on the environment, based on the information provided by the City The project description will include a narrative and graphical presentation of the Project, 01203 0006/813094 6 including components, location and boundaries, regional and vicinity maps, and a statement of the project goals and objectives Chambers Group will utilize the information gathered during the proposal site visit in order to expedite the preparation of the project description Deliverables Two (2) hard copies and one (1) electronic PDF copy of the project description for City review B Task 2 Preparation of Initial Study—Task Completed Task 2 1• Draft IS Chambers Group will prepare an Initial Study (IS) Checklist to confirm the preparation of appropriate CEQA Documentation for the Project The IS will be prepared using the most recent version of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G In compliance with CEQA Section 15063, the IS will contain the following, in brief form A description of the project, including the location of the project, An identification of the environmental setting, A preliminary identification of environmental effects by use of a checklist, matrix, or other method, with some evidence to support the entries, and A preliminary discussion of the ways to mitigate the significant effects identified, if any The environmental factors outlined in the CEQA checklist include Aesthetics GHG Population and Housing Agricultural Resources Hazards and Hazardous Public Services Materials Air Quality Hydrology and Water Quality Recreation Biological Resources Land Use and Planning Transportation Cultural Resources Mandatory Findings of Tribal Cultural Resources Significance Energy Mineral Resources Utilities and Service Systems Geology and Soils Noise Wildfire 01203 0006/813094 6 After receiving one set of integrated comments on the draft IS, Chambers Group will revise the IS accordingly Chambers Group will review the technical reports prepared for the Project and incorporate the results into the Final Initial Study Deliverables One electronic PDF copy of the Administrative Draft IS and Final IS for one round of review with the City Up to an additional two rounds of review are anticipated should the City require an outside consultant to provide peer review services for the Initial Study and technical reports C Task 3 Technical Studies and Support Task 3 1 Air Quality, Energy, and Greenhouse Gas Subcontractor Vista Environmental will provide an Air Quality, Energy, and Greenhouse Gas (GHG) Emissions Report pursuant to the City's and South Coast Air Quality Management District (SCAQMD) rules and requirements for the Project The Project consists of the following three phases of improvements Phase 1 - Repair of Existing Ground Fractures, Phase 2 — Installation of Surface Drainage Improvements, and Phase 3 — Installation of below-grade hydraugers The effectiveness of each phase will be examined to determine whether to proceed with the next phase of the Project, however in order to provide a worst-case analysis, the reports will analyze the impacts of implementing all three phases of improvements Task 3.1.1. Air Quality, Energy, and GHG Emissions Report (provided by Vista Environmental) • Provide existing Air Quality Setting, Regulatory Requirements and Thresholds • Provide a project description that details the project location and nearby sensitive receptors • Identify the existing air quality setting in the area • Identify greenhouse gases (GHGs) and their associated impacts to global climate change • Identify toxic air contaminants (TACs) and their potential health effects 01203 0006/813094 6 • Identify applicable federal, state, and SCAQMD's rules and regulations and identify current attainment status of federal and state standards, and current SCAQMD attainment plans • Obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARB) data sources Data will be obtained for air pollutants, including, ozone, nitrogen dioxide (NO2), and particulate matter(PM10 and PM2 5) • Identify SCAQMD thresholds of significance for the criteria pollutants and GHGs • Identify thresholds of significance for energy usage Air Quality Analysis • Provide a project consistency analysis with the Air Quality Management Plan (AQMP) The consistency analysis will determine if the Project will contribute to air quality violations and if it will comply with AQMP control measures • Evaluate and quantify regional criteria pollutant emissions associated with each of the three phases of improvements for the Project utilizing the CaIEEMod Model and construction assumptions provided by the applicant Compare the Project's construction-related regional criteria pollutant emissions to the SCAQMD thresholds If significant emission levels are found to be created from construction activities,feasible mitigation will be developed and quantified • Evaluate local NOx, CO, PM10, and PM2 5 emissions associated with each of the three phases of improvements for the Project at the nearest off-site sensitive receptors to each phase utilizing the SCAQMD Look-Up Tables and the methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, July 2008 If construction emissions exceed the thresholds provided in the Look-Up Tables,the AERMOD model will be utilized to calculate the air pollutant concentrations at the nearby sensitive receptors from construction activities • Provide a qualitative analysis of the construction-related toxic air contaminant (TAC) impacts from the Project and detail how due to the limited duration of construction activities that the cancer and non-cancer risks would be less than significant • Provide a qualitative operational criteria pollutant analysis that details how implementation of the Project would only create nominal emissions from occasional maintenance truck trips, as such, operation of the Project would result in less than significant air quality impacts 01203 0006/813094 6 • Provide a qualitative odor analysis from construction and operation of the Project The odor analysis will identify the potential sources of odors and the number of variables that can influence the potential for an odor impact as well as providing detail of what constitutes a significant odor impact • Utilize the results of the above tasks to develop responses to each of the air quality-related CEQA checklist questions Energy Analysis • Calculate construction energy usage through utilization of the CaIEEMod model run developed for the air quality analysis for each of the three phases of improvements for the Project to quantify the total hours off-road equipment will operate, the total worker miles traveled, and total haul and vendor truck miles traveled during construction of the Project • Utilize the fuel usage factors from OFFROAD2011 and off-road equipment operating hours to calculate the fuel usage from the off-road equipment Utilize the vehicle fleet average miles per gallon rates from EMFAC201 7 and the worker and truck vehicle miles traveled to calculate the fuel usage from on-road construction trips • Provide a qualitative operational energy usage analysis that details how implementation of the Project would only create nominal emissions from occasional maintenance truck trips, as such, operation of the Project would result in less than significant energy impacts • Provide an assessment of how the applicable renewable energy and energy efficiency rules and regulations will be implemented by the Project and where possible, quantify the energy savings achieved through implementing each rule and regulation If the Project is found to be inconsistent with any rule or regulation, provide mitigation to ensure the project meets the requirements • Utilize the results of the above tasks to develop responses to each of the energy-related CEQA checklist questions Greenhouse Gas Emissions Analysis • Evaluate and quantify GHG emissions associated with each of the three phases of improvements for the Project through utilization of the CalEEMod Model run used in the Air Quality Analysis • Provide a qualitative operational GHG emissions analysis that details how implementation of the Project would only create nominal emissions from occasional maintenance truck trips, as such, operation of the Project would result in less than significant GHG emissions 01203 0006/813094 6 • Compare the construction GHG emissions to the SCAQMD's threshold of 3,000 metric tons of CO2e per year If the GHG emissions exceed any applicable thresholds, provide mitigation to reduce the GHG emissions to less than significant • Determine if the Project would conflict with the Climate Change Policies in the City of Rancho Palos Verdes General Plan, adopted September 2018 and provide responses of how the Project would meet each reduction measure If necessary, develop mitigation to ensure the Project will meet each applicable measure • Utilize the results of the above tasks to develop responses to each of the GHG- related CEQA checklist questions Report Preparation • Prepare an Air Quality, Energy, and GHG Emissions Report documenting the results of the study and provides responses to each of the air quality, energy, and GHG emissions-related CEQA checklist questions Task 3 2. Noise Analysis Vista Environmental will provide a Noise Impact Report pursuant to the City's noise ordinance • Identify nearby transportation-related noise sources such as Palos Verdes Drive and aircraft noise (if any) to the project study area • Detail fundamentals of noise that include noise source characteristics, noise propagation, and definition of decibels and other noise descriptors • Identify applicable noise and vibration regulations and thresholds of significance • Evaluate the existing noise environment and obtain four long-term (approximately 24 hours) noise measurements in the vicinity of the project site in order to determine the ambient noise conditions at the project site and at the nearby sensitive receptors • Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM) Version 1 1 to analyze potential noise impacts at the nearest homes from each of the three phases of improvements for the Project Compare the results to the applicable City noise standards If necessary, develop mitigation to minimize the noise impacts from construction activities at the nearby sensitive receptors • Utilize a version of the FHWA RD-77-108 noise prediction model to calculate the existing and with project construction trips traffic noise contours at up to 01203 0006/813094 6 four roadway segments Vista Environmental will use the roadway traffic data provided in the Traffic Study prepared for the Project Vista Environmental will use the roadway traffic data provided in the Traffic Study prepared for the Project and compare the results with the City noise standards • Analyze potential vibration impacts associated with construction activities through application of the methodology used in the Transportation- and Construction-Induced Vibration Guidance Manual(Vibration Guidance Manual), prepared for Caltrans • Provide a qualitative operational noise analysis that details how implementation of the Project would only create nominal noise emissions from occasional maintenance truck trips, as such, operation of the Project would result in less than significant noise emissions • Prepare a noise and vibration impact analysis documenting the results of the study and provide responses to each of the noise-related CEQA checklist questions Copies of Report PDF and Microsoft Word versions of the reports will be provided to the client Task 3.3 Biological Habitat Assessment and Report The Portuguese Bend and Abalone Cove preserve areas have been well documented Chambers Group will review biological assessments provided for the Portuguese Bend area as well as data provided in the Final Rancho Palos Verdes NCCP/HCP and incorporate the data into an updated biological habitat assessment Chambers Group will also conduct a database review for state and federally listed and/or sensitive species, USFWS National Wetlands Inventory Maps, topographic maps, and blueline drainages Once all data has been reviewed, Chambers Group biologists will conduct a field survey and confirm the existing vegetation data, however, much of vegetation communities were scaled to a mapping unit of 1-acre which may not be effective to assess quality of habitat, suitable habitat for listed or sensitive species, and Project impact calculations Therefore, Chambers Group will provide a more detailed vegetation mapping and habitat assessments for the Project impact areas, including repair locations for existing fractures, surface drainage improvements, flow reduction area (basin), and hydrauger locations This approach will reduce mitigation costs significantly The biologists will focus on suitable habitat for the NCCP/HCP covered species with a potential to occur, including coastal California gnatcatcher and host plants for the Palos Verdes blue butterfly as well as habitat for sensitive plants known to occur in the area Maps of the vegetation communities within the approximate 250-acre area will be updated with the field data and will be 01203 0006/813094 6 digitized on aerial images Potential waters and wetland habitats on the site will be evaluated Upon completion of field survey, all GIS data collected will be reviewed Data gathered from the survey and analysis effort will be included in the comprehensive biological report This task does not include agency consultations or permitting This scope does not include focused surveys or agency consultations Task 3 4 Cultural Resources Assessment The following tasks are provided to address the cultural resources sensitivity of the 250-acre project area and satisfy information required to address the CEQA checklist Task 3 41• Literature Review Chambers Group will conduct a literature review, including a review of the findings of a records search through the California Historical Resources Information System (CHRIS) database at the South-Central Coastal Information Center (SCCIC) housed at California State University, Fullerton The records search will be conducted by SCCIC staff and review relevant previously recorded cultural resources and previous investigations completed for the one-mile search radius surrounding the Project site Information to be reviewed will include location maps for all previously recorded cultural resources, previously conducted investigation boundaries, National Archaeological Database (NADB) citations and copies for associated reports, historic maps, and historic addresses Chambers Group will also review properties listed on/as the California Points of Historical Interest (CPHI), California Historical Landmarks (CHL), Caltrans Historic Highway Bridge Inventory, California Historical Resources Inventory, local city and county registries of historic properties, the California Register of Historic Resources (CRHR), and the National Register of Historic Places (NRHP) Additional sources of information that may be reviewed include but are not limited to Certified Local Government annual reports and other data, HABS/HAER records, the National Register Information System, the on-line database for National Register sites, Calisphere Digital Resources, Online Archive of California, Government Land Office Plat Maps, Sanborn Fire Insurance Maps, local historical societies and libraries, as well as inventory files and data on-file with other agencies that control property near the area The task will also include a search for potential prehistoric and/or historic burials (human remains) evident in previous site records and/or historical maps (i e , Sanborn Fire Insurance Maps, Government Land Office Plat Maps) In addition to the above research, a request that the Native American Heritage Commission (NAHC) will be submitted for a review of their sacred land files (SLF) This search will identify if any resources important to Native Americans have been recorded within the project area and surrounding vicinity The NAHC will provide the results and a list of affiliated tribal 01203 0006/813094 6 representatives to contact for additional information Chambers Group will provide the results of the NAHC SLF search and list of tribes in the cultural resources letter report It is assumed that the City of Rancho Palos Verdes will be the lead under AB 52 Tribal Consultation (if necessary) Note that this research alone does not satisfy the lead agency's requirements under AB 52 An optional task to support the City with AB-52 consultation is included below Task 3 4 2 Field Survey Chambers Group will complete a field survey of the proposed 250-acre project area The cultural resources survey will be conducted in accordance with the professional standards as described by the National Parks Service, Secretary of Interior's Standards and Guidelines, as amended for Archaeology and Historic Preservation Chambers Group cultural resources specialist will survey the Project area for the presence of • Prehistoric artifacts (e g , flaked stone tools), • Tool-making debris, stone milling tools, • Historic artifacts (e g , metal, glass, ceramics), • Sediment discoloration (ex midden, hearth features), • Depressions and other features indicative of the former presence of structures or buildings (e g , post holes, foundations), • Historic ruins, buildings, structures, and/or objects This cost estimate assumes no cultural resources will be encountered during this survey If cultural resources are identified, a revised scope of work and cost may be necessary Task 3.4.3. Letter Report The results of the cultural resources study will be summarized in a letter report which will include, the results of the literature review and field survey, proposed mitigation measures (if any), and site photos and references The letter report is assumed to contain up to 15 pages of text, graphics, and appendices A draft copy of the letter report will be provided to the City for review Deliverables One Draft and One Final electronic copy of the Archaeology Survey Report 01203 0006/813094 6 Optional Tasks 3 4.4 The following tasks are optional and dependent upon the findings work completed previously Upon Notice to Proceed (NTP) Chambers Group will provide the following optional tasks, as directed Optional Task 3 4 4 A Assembly Bill (AB 52)Tnbal Consultation Support The following task has been provided to support the City with AB 52 services, including but not limited to, preparation of notification letters, tribal consultation and tracking, assessment of information related to TCRs provided by the Tribe(s), and drafting appropriate mitigation measures (as warranted) Up 24 hours have been included to provide support with this task, as needed If additional hours are needed to conclude AB 52 consultation an augmented cost and scope may be required Optional Task 3 4 4 B Paleontological Review Report describing the high potential importance of the Monterey and why this area is of significance to the paleontological and geological community There is a known slight limitation on the stratigraphic location and position of any important fossil specimens recovered due to the nature of the landslide and the downward motion of deposits demonstrated by previous studies of the Portuguese Bend Landslide since the 1950's However, this area is designated as type area for the Middle to late Miocene age Altamira Shale Member of the Monterey Formation which does restrict the age as recognized for this unit in the Palos Verdes Peninsula and elsewhere in California It is possible that significant vertebrate fossil remains and other fossils such as invertebrate and plant remains may be discovered during excavation activities associated with this Project As a result of the field survey it should be possible to determine if these deposits are fossiliferous in this region and help to make recommendations for a future Paleontological Mitigation Program Assumptions. This proposal assumes a negative findings survey Task 3 5 Water Quality and Hydrology Study KPFF Consulting Engineers will be preparing a CEQA technical report in support of an MND or EIR They understand the area of study is assumed to be a roughly 650-acre watershed Hydrology and Water Quality Technical Report The scope of work for this report includes a discussion of existing site conditions as well as regulatory requirements and the role of government agencies regarding a 01203 0006/813094 6 range of hydrological issues The report will also include an analysis of potential project impacts including flood hazard, ground water, and surface water runoff in terms of the local and regional storm drainage systems, identification of project mitigation measures, and significance of impacts both before and after mitigation Task 3 6 Visual Simulations • Subcontractor VisionScape will produce highly accurate Visual Simulations (accurate 3D modeling), generated with a systematic and scientific approach VisionScape will develop an exact computer model illustrating elevations, natural and finished grades, existing and surrounding contextual elements including adjacent buildings, reference points etc Photorealistic materials, maps, and textures will be applied to the modeling • Data Gathering CAD includes proposed Grading Plans, Architecture, Landscape and Other Specifications • Camera Locations Determined A determination of proposed key observation points (KOPs) or camera locations will be reviewed and approved by City's Contract Officer VisionScape will coordinate the site photography and schedule an initial site survey This includes identification of reference points using GPS and Camera Match Technology, utilizing a highly accurate Trimble (Sub-Meter) GPS device and a "Full Frame" digital camera for documenting coordinates at requested station points • 3D Camera Match Computer model camera is matched with the approved site photography Reference points, proposed structures and 3D landscaping depicts the project setting within the view • Final Touch Ups Artistic touches are made to ensure that the accuracy, as well as the look and feel, is consistent with the vision of the Project Final visual effects such as lighting and shadows allow our models to replicate the appearance of the actual Project as it would appear following construction Task 3 7 Traffic Impact Analysis Subcontractor LLG will provide consultation relating to preparation of a construction-related transportation impact study Task 3.7.1. Transportation Impact Study Obtain existing/historical traffic data at up to four key study intersections Preparation of the Existing (Without and With Construction Traffic) conditions Assess the impacts of the peak construction-related traffic and determine significance based on the City's current thresholds Prepare the Draft Formal Transportation Impact Study for team and City staff review Revise the Draft based on one (1) round of comments and submit Final study to the team and City staff 01203 0006/813094 6 Task 3 8 Geology and Soils Assessment Subcontractor Leighton and Associates, Inc 's (Leighton) will primarily be guided by the information provided in the Project RFP As an internal measure of Quality Control during our execution of the Project, Leighton will assign a Project Manager and Senior Reviewer who will meet frequently to discuss project logistics, findings and progress Communications will be directed through Leighton's Project Manager, as the single point of contact to foster clear communication Task 3.8.1. Part 1 Geological/Geotechnical Geologic/Geotechnical Assessment Leighton will conduct an assessment of potential environmental impacts posed by the Project to support the geologic/geotechnical portion of the IS and/or EIR This report will be signed and stamped by a California-licensed Certified Engineering Geologist (CEG) and Geotechnical Engineer (GE) Tasks proposed as part of our scope of work will include the following • Literature Search and Review This task will involve a search for readily available geologic and geotechnical literature pertinent to the Project, including historical aerial photographs and topographic maps, private aerial photographic collections, on-file at the City, contained within Leighton's in- house library, on the world-wide-web, and provided by you There are 60 years of pertinent documents and data to collect, review and interpret • Site Reconnaissance Leighton will conduct a reconnaissance of accessible areas of the subject Project area, and immediately surrounding areas, to visually observe and evaluate existing geology, geomorphology, and soil conditions • Documentation Leighton will prepare a document outlining Leighton's assessment of environmental impacts relating to Geology and Soil The following will be part of Leighton's deliverable EA/IS documentation • Geologic Setting a general description of the type of native earth units (soil and bedrock) and geologic structure • Geologic Hazards a discussion of potential geologic hazards at the site, including landslides and slope stability, surface fault rupture, liquefaction and ground shaking, seismic settlement, tsunamis and subsidence • Geotechnical Hazards a general characterization of onsite soil conditions, and related hazards including but not limited to soil collapse, soil expansion and erosion • Groundwater a general description of groundwater conditions based on available data 01203 0006/813094 6 • Earthwork a general discussion of potential earthwork and grading challenges, if any Optional Geotechnical Scope Third Party Review of Geotechnical Reports If desired, Leighton can provide a 3rd party review of the geotechnical reports provided for the project Leighton can review the reports from both a deficiency/standard-of-care perspective, and a value- engineering perspective As needed, Leighton will ask for electronic files of the analysis files from the consultants During their work, Leighton would look for apparent deficiencies in the analysis and work, and prepare review comments for the consultant to address, if deemed appropriate Proposals for these optional services can be prepared upon request Exclusions This scope of work also does not include services during design and construction of the project Task 3.9 Hazardous Substances Assessment(Phase 1 Environmental Site Assessment) Leighton will conduct an assessment of potential hazardous substances environmental impacts posed by the Project, for use in determining whether a Negative Declaration of Environmental Impact report is warranted The purpose of the Phase I Environmental Site Assessment (ESA) is to evaluate potential for hazardous materials on the site and generally characterize the expected nature of hazardous materials that may be present as a result of past and current site usage The assessment will be conducted in accordance with the current ASTM "Standard Practice for Environmental Site Assessments Phase I Environmental Site Assessments Process E 1527-13 " Leighton's scope of work is expected to consist of the following tasks • Site Reconnaissance Leighton will perform an observational reconnaissance of the Project for visual indications of environmental (hazardous materials) conditions This includes observations of the current conditions of structures within the project site, roads, sewage disposal system, hazardous substances and petroleum products,aboveground and underground storage tanks or vent pipes,fill pipes or access ways indicating an underground storage tank, odors, pools of liquid, sumps, drums, polychlorinated biphenyls (PCBs) containing equipment, heating and/or cooling system, stains or corrosion, pits, ponds or lagoons, stained soil or pavement, stressed vegetation, solid waste, wastewater (including clarifiers), wells, and dumping The site reconnaissance will be conducted by a qualified environmental professional as defined in the ASTM E 1527-13 Land use of immediately adjacent properties to the project site will be visually and/or physically observed and documented and any conditions indicative of contamination or potential contamination will be 01203 0006/813094 6 documented, to the extent possible Current site conditions will be photographed • Data and Histoncal Records Review A search of selected government databases will be ordered from an environmental database company The report will meet the government records search requirements of ASTM E 1527-13 The database listings will be reviewed within the specified minimum search distances established by the ASTM E 1527-13 The lists will include Federal (NPL, CERCLIS, RCRA, IC/EC Registries, ERNS) State and Tribal (NPL-equivalent, CERCLIS-equivalent, landfill and/or solid waste disposal sites, leaking storage tank lists, registered storage tank lists, IC/EC control registries, voluntary cleanup sites, and Brownfield sites) Leighton will also review reasonably ascertainable historical sources of information that show the Project site dating back to first developed use, or back to 1940, whichever is earlier The resources will include at a minimum aerial photographs and topographic maps In addition, Leighton will review existing geotechnical and other environmental reports for mention of environmental conditions at the site Leighton will contact appropriate city, county, state, and federal agencies who may have information pertaining to previous mitigation projects (identified during the database review) for parcels adjacent to the project limits Should it be determined that files exist for the requested properties, they will be reviewed • Report Compilation A report summarizing Leighton's findings, conclusions addressing recognized environmental conditions (RECs) and their potential to adversely impact the Project, and recommendations will be prepared At a minimum, the report will include a site location map, site visit notes and photographs, summary of environmental database search, and a summary of the historical use of the site The memorandum will be prepared under the direct supervision, and signed by, an Environmental Professional as defined in the ASTM E 1527-13 • Deliverables Draft Phase I ESA and Final Phase I ESA II As part of the Services, Consultant will prepare and deliver the following tangible work products to the City See Section I for deliverables III In addition to the requirements of Section 6.2, dunng performance of the Services, Consultant will keep the City appraised of the status of performance by delivenng the following status reports. A Consultant will provide status reports as needed The frequency of the status reports shall be determined ongoingly by the City's Contract Officer, in consultation with Chambers Group, as appropriate 01203 0006/813094 6 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, in accordance with Section I, above. All Technical Studies must be finalized to the satisfaction of City and the City's environmental consultant that will prepare the Environmental Impact Report and must be of a quality and thoroughness that they can be used without revisions for the Environmental Impact Report. V Consultant will utilize the following personnel to accomplish the Services: Staff Member: Role / Title Project Manager Mike McEntee, Principal-in-Charge / President and Chief Operating Officer Corinne Lytle-Bonine: Technical Advisor, Sr. Planner / Managing Environmental Planner Meghan Gibson: Environmental Planning & Documentation / Project Environmental Planner Eunice Bagwan: Environmental Planning and Documentation / Staff Environmental Planner Paul Morrissey: Biological Resources Lead / Director of Biology Heather Clayton: Botany and Restoration Services / Senior Biologist, Restoration Lead Saraiah Skidmore: Wildlife Biology Resources / Senior Biologist, Wildlife Lead Heather Franklin: USFWS CAGN Permit Holder / Project Biologist Sandra Pentney, MA, RPA, ENV SP: Cultural Resources Lead / Managing Cultural Resources Specialist Hugh Wagner: Paleontological Resources / Managing Cultural Resources Specialist Richard Shultz: Cultural Resources / Staff Cultural Resources Specialist Lucas Tutschulte: Cultural Resources / Staff Cultural Resources Specialist Ken Hazlett: Cultural Resources / Staff Cultural Resources Specialist Eddie Font: Aesthetics and Visual Simulations / Principal Architectural Visualization Greg Tonkovich, AICP, INCE: Air, Greenhouse Gas, Noise / Secretary and Senior Analyst Djan Chandra, PE, GE: Geotechnical Engineering / Senior Principal Engineer Brynn McCollough, PG: Environmental Geologist / Principal Geologist Jason Hertzberg, PE, GE: Geotechnical Engineering / Principal Engineer Jeff Hull, PG, CEG: Certified Engineering Geologist / Associate Geologist 01203.0006/813094.6 Richard Davis, PE: Hydrology, Water Quality / Principal, Civil Engineering Manager David McGraw, PE: Hydrology, Water Quality / Associate, Project Manager Clare M. Look-Jaeger, PE: Traffic / Principal 01203.0006/813094.6 EXHIBIT "A-1" PORTUGUESE BEND LANDSLIDE MITIGATION PROJECT SITE - is' i f. _ •. ��` �- ` <� •! a '" .n, � - .;ny : Ancient ` • ..• � a:1.1d,,Com eI • -q -111 I Ola P�s4 r. as > t. • r tr 41 t !• *.*.1 .. 1- . k i'•r. `.` i.- `►.. E.• PurNgrlse w•fid 'I �. `� i ;. Tb' .1 ♦' ✓ l Xoto •.!A':- �. -landeaio 1 FCO :far, ��a.% 1 . _� 03. 1; i „,to I Mee. } 'j{' :��:-�` + r 'alp I, twlion I Tma' I ti 7 pt / •a1 4betettr r 4 '1,,u 111, ,� C10rt1�1_ .,«..It r1 I eiiro 4iny,,, © s Me... ,. T.,au " .?, St \f&1/ Kwon..... t+:"Tt Trra. .: - -\f I Sort tss.w s.r• • / / CITY OF RAN 11l PPUY E ^" ,:'ti d..Srepkes d Aosoth 1!m Regional Geology ft.. 01203.0006/813094.6 EXHIBIT "C" SCHEDULE OF COMPENSATION AMENDMENT NO. 2 I. Consultant shall perform the following tasks at the following rates: TASK# TASK DESCRIPTION ' ID TO DATE CONTRACT SUM WITH NEW AND FINAL CHANGE ORDER 1 CONTRACT SUM Task 1.1 Project Initiation $7,338.00 $7,338.00 $7,338.00 Task 2.1 Admin Draft Initial Study $13,114.00 $13,114.00 $13,114.00 Task 3 Technical Studies Per Sub-Tasks Per Sub-Tasks Per Sub-Tasks Task 3.1 Air Quality,Energy,GHG Analyses $479.81 $5,760.00 $5,760.00 Task 3.2 Noise Analysis $729.60 $3,840.00 $3,840.00 Task 3.3 Biological Assessment $9,957.50 $19,372.50 $19,372.50 Task 3.4 Cultural Resources $16,640.00 $22,089.00 $22,089.00 Task 3.5 Water Quality&Hydrology $45,100.00 $55,000.00 $55,000.00 Task 3.6 Visual Simulations $9,400.00 $9,400.00 $9,400.00 Task 3.7 Traffic Impact Analysis $14,535.00 $15,300.00 $15,300.00 Task 3.8 Geology&Soils $20,935.00 $26,500.00 $26,500.00 Task 3.9 Hazards Phase I ESA $9,430.00 $20,500.00 $20,500.00 Task 5.0 EIR $25,373.60 $70,429.00 $25,373.60 Transfer from Task 5 to Task 3 $0 $0 $15,000.00 Task 6.0 Meetings&Hearings $5,568.00 $5,568.00 $5,568.00 Task 7.0 Additional Responses to Comments $250.00 $10,000.00 $250.00 Task 8.0 Reimbursables $572.39 $3,367.00 $572.39 Total $179,422.90 $287,577.50 $244,977.5 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. NOT APPLICABLE. III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. IV. The City will compensate Consultant for the Services performed upon completion and acceptance of each Technical Study following submission of a valid invoice V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. 01203.0006/813094.6 EXHIBIT "D" SCHEDULE OF PERFORMANCE I Consultant shall submit all Technical Studies in a finalized state to the satisfaction of City and the City's environmental consultant that will prepare the Environmental Impact Report and must be of a quality and thoroughness that they can be used without revisions for the Environmental Impact Report in accordance with the following s Technical Study Final Submittal Date Air Quality, Energy, GHG 10/20/22 Emissions Report Noise Analysis 10/20/22 Biological Assessment 9/30/22 Cultural Resources 9/30/22 Updated Archaeological 9/30/22 Survey Updated Archaeological 9/30/22 Report Water Quality & 11/3/22 Hydrology Traffic Impact Analysis 10/25/22 Geology & Soils 10/30/22 Hazards Phase I ESA 10/30/22 II City and City's environmental consultant will review each Technical Study within one calendar week after it is submitted Ill Consultant shall address any comments from the City or City's environmental consultant no later than one week after receipt. IV. Consultant shall deliver the following tangible work products to the City by the following dates See Section I for deliverables and due dates V The Contract Officer may approve extensions for performance of the services in accordance with Section 3 2 01203 0006/813094 6 AMENDMENT NO 1 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT NO l TO THE PROFESSIONAL SERVICES AGREEMENT ("Amendment No 1")by and between the CITY OF RANCHO PALOS VERDES, a municipal corporation ("City"), and CHAMBERS GROUP, INC , a California corporation ("Consultant") is effective as of November 19, 2021 RECITALS A City and Consultant entered into that certain Agreement for professional Services dated May 19, 2020 ("Agreement"), whereby Consultant agreed to provide environmental studies and produce environmental documents for the Portuguese Bend Landslide Remediation Project ("Project")with a term of one year,with the option to extend the term for one additional year B On May 19, 2021, City authorized an administrative extension of the term of the Agreement for six months to November 19, 2021 C City and Consultant now desire to extend the term of the Agreement through November 30, 2022 to allow Consultant time to complete the Environmental Impact Report for the Project TERMS 1 Contract Changes The Agreement is amended as provided herein Deleted text is indicated in stri-kethreugth and added text in bold italics (a) Section 3 4, Term, is amended as follows "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 : - . . .. . November 30, 2022, except as otherwise provided in the Schedule of Performance (Exhibit "D") The City 2 Continuing Effect of Agreement Except as amended by this Amendment No 1, all provisions of the Agreement shall remain unchanged and in full force and effect From and after the date of this Amendment No 1,whenever the term"Agreement"appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No 1 to the Agreement 3 Affirmation of Agreement, Warranty Re Absence of Defaults City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein Each party represents and warrants to the other that the Agreement is currently an effective,valid,and binding obligation A-1 Consultant represents and warrants to City that, as of the date of this Amendment No I, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement City represents and warrants to Consultant that, as of the date of this Amendment No 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement 4 Adequate Consideration The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No I 5 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) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound [SIGNATURES ON FOLLOWING PAGE] 01203 0006/756902 i -2- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written CITY CITY OF RANCHO PALOS VERDES, a •• sal corporation David .. -y, Mayo ATTEST 0eresa T ka, City Clerk APPROVED AS TO FORM ALESHIRE & WYNDER, LLP Ze),124. William W Wynder, City Attorney CONSULTANT CHAMBERS GROUP, I a California corporati C By Name Mike McEntee Title C O/ / By Name • lex Gurrola Title CEO/CFO Address 5 Hutton Center Dr, Suite 750 Santa Ana, CA 92707 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 0006/7569021 -3- CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 1 County of O iJ6 ( 1 On .1)4c'piYlL�-e, Pit, 20 2/ before me, Pk(pi S'( ✓ `-DH S / ND TA-R-1 PLQLiC., Date Here Insert Name and Title of the Officer personally appeared M 1 /CC M C EAITh-6 Ai 13 4 LEY G U12e oLA Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(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 td=a48":1',L,.. paragraph is true and correct _ '� ()wow Comity WITNESS my hand and official seal Con nissron k 2!30667 `'r��••� My Cumin Expires Au;19 2024 1742 1` 1 Signature Place Notary Seal and/or Stamp Above gnature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Doc ment Title or Type of Document Ili 1 em_tia142 ill' AJO 1 4° Agj rt U"fy eciA Aztelad Document Date iiI15faOc I NumberofPages 3 -"AC,n") Signer(s) Other Than Named Above Aro WC Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer- Title(s) 0 Corporate Officer-Title(s) ❑ Partner- 0 Limited ❑ General 0 Partner- 0 Limited 0 General o Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other 0 Other Signer is Representing Signer is Representing ...........,.......vr£}L-;�::•k;•s.•L:}:,1°'•cF`' h,:°: . . ip:3�3^:c 4_:.r;Z:ri:z`:e)3ia:.::Y:•.:rk:L-rU R:rcbi:.-z?;::'titi:.i: ©2018 National Notary Association CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and CHAMBERS GROUP, INC 01203 0006/643763 3 EQG I 1 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND CHAMBERS GROUP, INC THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into on May 19, 2020, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and CHAMBERS GROUP, INC , a California corporation ("Consultant" or "Chambers Group") City and Consultant may be referred to, individually or collectively, as "Party" or "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 01203 0006/643763 3 EQG A-2 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 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 California Labor Law If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq and California Code of Regulations, Title 8, Section 16000 et seq , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq and 1810 et seq , and all other applicable laws, including the following requirements (a) Public Work The Parties acknowledge that some or all of the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR Consultant shall post job site notices, as prescribed by regulation (b) Prevailing Wages Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771 Pursuant to Labor Code Section 1773 2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement 01203 0006/643763 3 EQG 2 A-3 (c) Penalty for Failure to Pay Prevailing Wages Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor (d) Payroll Records Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, certify and make such payroll records available for inspection as provided by Section 1776, and inform the City of the location of the records (e) Apprentices Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777 5, 1777 6, and 1777 7 and California Code of Regulations Title 8, Section 200 et seq concerning the employment of apprentices on public works projects Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement (f) Eight-Hour Work Day Consultant acknowledges that eight (8) hours labor constitutes a legal day's work Consultant shall comply with and be bound by Labor Code Section 1810 (g) Penalties for Excess Hours Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours The Consultant shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half(11/2) times the basic rate of pay (h) Workers' Compensation California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of 01203 0006/643763 3 EQG 3 A-4 compensation to its employees if it has employees In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract " Consultant's Authorized Initials (i) Consultant's Responsibility for Subcontractors For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor 1 5 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 6 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 01203 0006/643763 3 EQG 4 A-5 1 7 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 1 8 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 party shall be responsible for the service of the other 1 9 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 Consultants 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 10 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 01203 0006/643763 3 EQG 5 A-6 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 $292,289 30 (Two Hundred Sixty Five Thousand Seven Hundred Eighteen Dollars and Fifty Cents) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 19 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 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 4, 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 contain all information specified in Exhibit "C", and 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 01203 0006/643763 3 EQG 6 A-7 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 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 periods) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) 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 01203 0006/643763 3 EQG 7 A-8 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) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D") The City may, in its discretion, extend the Term by one additional 1-year term ARTICLE 4 COORDINATION OF WORK 41 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 Kelene Strain Project Manager/Senior Environmental Planner (Name) (Title) Mike McEntee Principal in Charge/President and COO (Name) (Title) 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 01203 0006/643763 3 EQG 8 A-9 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 Ron Dragoo, City Engineer, 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 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 01203 0006/643763 3 EQG 9 A-10 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 Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City (a) General liability insurance Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage The policy must include contractual liability that has not been amended Any endorsement restricting standard ISO "insured contract" language will not be accepted (b) Automobile liability insurance Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident (c) Professional liability (errors & omissions) insurance Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement (d) Workers' compensation insurance Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) (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 01203 0006/643763 3 EQG 10 A-11 (f) Additional Insurance Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B" 5 2 General Insurance Requirements (a) Proof of insurance Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance Current certification of insurance shall be kept on file with City at all times during the term of this Agreement City reserves the right to require complete, certified copies of all required insurance policies, at any time (b) Duration of coverage Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants (c) Primary/noncontributing Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured (d) City's rights of enforcement In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments In the alternative, City may cancel this Agreement (e) Acceptable insurers All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that 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 VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager (f) Waiver of subrogation All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss Consultant 01203 0006/643763 3 EQG I I A-12 hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants (g) Enforcement of contract provisions (non-estoppel) Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder (h) 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 (i) Notice of cancellation Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage (j) Additional insured status General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies This provision shall also apply to any excess/umbrella liability policies (k) Prohibition of undisclosed coverage limitations None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing (I) Separation of insureds A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability The policy(ies) shall not contain any cross- liability exclusions (m) Pass through clause Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section 01203 0006/643763 3 EQG 12 A-13 Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review (n) Agency's nght to revise specifications The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation (o) Self-insured retentions Any self-insured retentions must be declared to and approved by City City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible Self-insurance will not be considered to comply with these specifications unless approved by City (p) Timely notice of claims Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies (q) Additional insurance Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work 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' 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, 01203 0006/643763 3 EQG 13 A-14 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 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 01203 0006/643763 3 EQG 14 A-15 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 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 USC § 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 01203 0006/643763 3 EQG 15 A-16 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 attorney's 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 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 01203 0006/643763 3 EQG 16 A-17 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 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 01203 0006/643763 3 EQG 17 A-18 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 Liquidated Damages Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of $0 00 (Zero Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages 7 8 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 9 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 01203 0006/643763 3 EQG 18 A-19 payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated 7 10 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 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-liability 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 01203 0006/643763 3 EQG 19 A-20 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 § 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 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 , Rancho Palos Verdes, 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 01203 0006/643763 3 EQG 20 A-21 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 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 01203 0006/643763 3 EQG 21 A-22 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 0006/643763 3 EQG 22 A-23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written CITY CITY OF RANCHO PALOS VERDES, a municipal corporation John kshank, Mayor ATTEST mily Colborn, Cityrk APPROVED AS TO FORM ALESHIRE & WYNDER, LLP Ze)4411ev Z4/4" William W Wynder, City Attorney CONSUL ANT CHA I:E". GROUP, INC , a California corps Pi:tio By ; I i. Nam1 ' 'eMc �j Title Co's / By / Name Alex Gurro a Title CEO/CFO Address 5 Hutton Center Dr, Suite 750, Santa Ana, CA 92707 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 0006/643763 3 EQG 23 A-24 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 CPA a ri L J} On ('1 -(4 /4- o70/AL) before me, P/zl,y i}- .SLt/1afr / /�� Tme-y / /3 L( �J Date n Here Insert Name and Title of the Officer/icer M personally appeared M)ke C EN C /4rf76 4ii&x uAL/2.0 ,q- Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(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 PRIMA SIVADAS paragraph is true and correct NNotary Public.California WITNESS my hand and official seal Oranp.County Co vrdision 0 216/045 M Comm.Ex iris A 19.202 Signature 1 1T Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document �1 Title or Type of Document (_.O,-"TR-A- -T 5' (.1/CEs' 4GeL-.7f/Ems/ T Document Date /V a j' /�'r 2 Oa O ' Number of Pages Signer(s) Other Than Named Above hr Capacity(les) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer— Title(s) 0 Corporate Officer— Title(s) ❑ Partner— 0 Limited 0 General 0 Partner— ❑ Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other 0 Other Signer is Representing Signer is Representing .iii_iZziZr`3i?3:<>'ci?_a :• eti;�:,�:: C.v ,-.- _...:'V:-;:?•.;; iiZ4.4. r.: ©2018 National Notary Association EXHIBIT "A" SCOPE OF SERVICES I Consultant will perform the following services to complete environmental documents for the Portuguese Bend Landslide Mitigation Project (Project) pursuant to the requirements of the California Environmental Quality Act (CEQA) The Project consists of fracture sealing, drainage swales, and dewatering (hydraugers) improvements in the Portuguese Bend Landslide area in an effort to significantly reduce land movement (see Exhibit "A-1" for the geographic outline of the project site) A Task 1 Project Initiation This task includes meeting with City staff to discuss Project history, Project description, specific Project issues, and CEQA schedule The City will provide copies of previously completed studies and the Project site plan as available Chambers Group will prepare the CEQA project description and submit to City staff for review Task 1 1 Kick-off Meeting and Data Acquisition After receiving the notice to proceed (NTP), the Chambers Group Project Manager, Ms Kelene Strain, will meet with representatives from the City at a Project Initiation/Kick-Off Meeting to discuss the site history, project description, specific project issues, and CEQA schedule, as well as receive available Project information and technical reports It is assumed that this information will include the following listed technical studies identified in the RFP geotechnical evaluation report, feasibility study, design package, and other available studies Chambers Group will review all available Project-related data and previous technical reports provided by the City Chambers Group is not responsible for the accuracy of any existing technical reports Chambers Group will work closely with the City to determine what additional data must be collected in support of the CEQA document being prepared It is assumed that Chambers Group can use these documents in the analysis of the Project Task 1 2 Project Description Chambers Group will develop a comprehensive description for the Project that will form the basis for the analysis of the potential impacts on the environment, based on the information provided by the City The project description will include a narrative and graphical presentation of the Project, including components, location and boundaries, regional and 01203 0006/643763 3 EQG A-1 A-27 vicinity maps, and a statement of the project goals and objectives Chambers Group will utilize the information gathered during the proposal site visit in order to expedite the preparation of the project description Deliverables Two (2) hard copies and one (1) electronic PDF copy of the project description for City review B Task 2 Preparation of Initial Study Task 2 1 Draft IS Chambers Group will prepare an Initial Study (IS) Checklist to confirm the preparation of appropriate CEQA Documentation for the Project The IS will be prepared using the most recent version of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G In compliance with CEQA Section 15063, the IS will contain the following, in brief form • A description of the project, including the location of the project, • An identification of the environmental setting, • A preliminary identification of environmental effects by use of a checklist, matrix, or other method, with some evidence to support the entries, and • A preliminary discussion of the ways to mitigate the significant effects identified, if any The environmental factors-outlined in the CEQA-checklist include Aesthetics GHG Population and Housing Agricultural Resources Hazards and Hazardous Public Services Materials Air Quality Hydrology and Water Quality Recreation Biological Resources Land Use and Planning Transportation Cultural Resources Mandatory Findings of Tribal Cultural Significance Resources Energy Mineral Resources Utilities and Service Systems 01203 0006/643763 3 EQG A-2 A-28 Geology and Soils Noise Wildfire After receiving one set of integrated comments on the draft IS, Chambers Group will revise the IS accordingly Chambers Group will review the technical reports prepared for the Project and incorporate the results into the Final Initial Study Deliverables One electronic PDF copy of the Administrative Draft IS and Final IS for one round of review with the City Up to an additional two rounds of review are anticipated should the City require an outside consultant to provide peer review services for the Initial Study and technical reports C Task 3 Technical Studies and Support Task 3 1 Air Quality, Energy, and Greenhouse Gas Subcontractor Vista Environmental will provide an Air Quality, Energy, and Greenhouse Gas (GHG) Emissions Report pursuant to the City's and South Coast Air Quality Management District (SCAQMD) rules and requirements for the Project The Project consists of the following three phases of improvements • Phase 1 - Repair of Existing Ground Fractures, • Phase 2 — Installation of Surface Drainage Improvements, and • Phase 3 — Installation of below-grade hydraugers The effectiveness of each phase will be examined to determine whether to proceed with the next phase of the Project, however in order to provide a worst-case analysis, the reports will analyze the impacts of implementing all three phases of improvements Task 3 1 1 Air Quality, Energy, and GHG Emissions Report (provided by Vista Environmental) • Provide existing Air Quality Setting, Regulatory Requirements and Thresholds • Provide a project description that details the project location and nearby sensitive receptors • Identify the existing air quality setting in the area 01203 0006/643763 3 EQG A-3 A-29 • Identify greenhouse gases (GHGs) and their associated impacts to global climate change • Identify toxic air contaminants (TACs) and their potential health effects • Identify applicable federal, state, and SCAQMD's rules and regulations and identify current attainment status of federal and state standards, and current SCAQMD attainment plans • Obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARB) data sources Data will be obtained for air pollutants, including, ozone, nitrogen dioxide (NO2), and particulate matter (PM10 and PM2 5) • Identify SCAQMD thresholds of significance for the criteria pollutants and GHGs • Identify thresholds of significance for energy usage Air Quality Analysis • Provide a project consistency analysis with the Air Quality Management Plan (AQMP) The consistency analysis will determine if the Project will contribute to air quality violations and if it will comply with AQMP control measures • Evaluate and quantify regional criteria pollutant emissions associated with each of the three phases of improvements for the Project utilizing the CaIEEMod Model and construction assumptions provided by the applicant Compare the Project's construction-related regional criteria pollutant emissions to the SCAQMD thresholds If significant emission levels are found to be created from construction activities, feasible mitigation will be developed and quantified • Evaluate local NOx, CO, PM10, and PM2 5 emissions associated with each of the three phases of improvements for the Project at the nearest off-site sensitive receptors to each phase utilizing the SCAQMD Look-Up Tables and the methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, July 2008 If construction emissions exceed the thresholds provided in the Look-Up Tables, the AERMOD model will be utilized to calculate the air pollutant concentrations at the nearby sensitive receptors from construction activities • Provide a qualitative analysis of the construction-related toxic air contaminant (TAC) impacts from the Project and detail how due to the 01203 0006/643763 3 EQG A-4 A-30 limited duration of construction activities that the cancer and non-cancer risks would be less than significant • Provide a qualitative operational criteria pollutant analysis that details how implementation of the Project would only create nominal emissions from occasional maintenance truck trips, as such, operation of the Project would result in less than significant air quality impacts • Provide a qualitative odor analysis from construction and operation of the Project The odor analysis will identify the potential sources of odors and the number of variables that can influence the potential for an odor impact as well as providing detail of what constitutes a significant odor impact • Utilize the results of the above tasks to develop responses to each of the air quality-related CEQA checklist questions Energy Analysis • Calculate construction energy usage through utilization of the CalEEMod model run developed for the air quality analysis for each of the three phases of improvements for the Project to quantify the total hours off-road equipment will operate, the total worker miles traveled, and total haul and vendor truck miles traveled during construction of the Project • Utilize the fuel usage factors from OFFROAD2011 and off-road equipment operating hours to calculate the fuel usage from the off-road equipment Utilize the vehicle fleet average miles per gallon rates from EMFAC2017 and the worker and truck vehicle miles traveled to calculate the fuel usage from on-road construction trips • Provide a qualitative operational energy usage analysis that details how implementation of the Project would only create nominal emissions from occasional maintenance truck trips, as such, operation of the Project would result in less than significant energy impacts • Provide an assessment of how the applicable renewable energy and energy efficiency rules and regulations will be implemented by the Project and where possible, quantify the energy savings achieved through implementing each rule and regulation If the Project is found to be inconsistent with any rule or regulation, provide mitigation to ensure the project meets the requirements • Utilize the results of the above tasks to develop responses to each of the energy-related CEQA checklist questions Greenhouse Gas Emissions Analysis 01203 0006/643763 3 EQG A-5 A-31 • Evaluate and quantify GHG emissions associated with each of the three phases of improvements for the Project through utilization of the CaIEEMod Model run used in the Air Quality Analysis • Provide a qualitative operational GHG emissions analysis that details how implementation of the Project would only create nominal emissions from occasional maintenance truck trips, as such, operation of the Project would result in less than significant GHG emissions • Compare the construction GHG emissions to the SCAQMD's threshold of 3,000 metric tons of CO2e per year If the GHG emissions exceed any applicable thresholds, provide mitigation to reduce the GHG emissions to less than significant • Determine if the Project would conflict with the Climate Change Policies in the City of Rancho Palos Verdes General Plan, adopted September 2018 and provide responses of how the Project would meet each reduction measure If necessary, develop mitigation to ensure the Project will meet each applicable measure • Utilize the results of the above tasks to develop responses to each of the GHG-related CEQA checklist questions Report Preparation • Prepare an Air Quality, Energy, and GHG Emissions Report documenting the results of the study and provides responses to each of the air quality, energy, and GHG emissions-related CEQA checklist questions Task 3 2 Noise Analysis Vista Environmental will provide a Noise Impact Report pursuant to the City's noise ordinance • Identify nearby transportation-related noise sources such as Palos Verdes Drive and aircraft noise (if any) to the project study area • Detail fundamentals of noise that include noise source characteristics, noise propagation, and definition of decibels and other noise descriptors • Identify applicable noise and vibration regulations and thresholds of significance • Evaluate the existing noise environment and obtain four long-term (approximately 24 hours) noise measurements in the vicinity of the project 01203 0006/643763 3 EQG A-6 A-32 site in order to determine the ambient noise conditions at the project site and at the nearby sensitive receptors • Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM) Version 1 1 to analyze potential noise impacts at the nearest homes from each of the three phases of improvements for the Project Compare the results to the applicable City noise standards If necessary, develop mitigation to minimize the noise impacts from construction activities at the nearby sensitive receptors • Utilize a version of the FHWA RD-77-108 noise prediction model to calculate the existing and with project construction trips traffic noise contours at up to four roadway segments Vista Environmental will use the roadway traffic data provided in the Traffic Study prepared for the Project Vista Environmental will use the roadway traffic data provided in the Traffic Study prepared for the Project and compare the results with the City noise standards • Analyze potential vibration impacts associated with construction activities through application of the methodology used in the Transportation- and Construction-Induced Vibration Guidance Manual (Vibration Guidance Manual), prepared for Caltrans • Provide a qualitative operational noise analysis that details how implementation of the Project would only create nominal noise emissions from occasional maintenance truck trips, as such, operation of the Project would result in less than significant noise emissions • Prepare a noise-and vibration impact analysis-documenting the results of the study and provide responses to each of the noise-related CEQA checklist questions Response to Comments Review of one set of governmental agency comments, whether verbal or written, and revision of the reports (if necessary) If responses are required for additional governmental agency comments, the responses and revision of the reports will be billed on a time-and-material basis Attendance at Meetings Attendance at public hearings/meetings by Vista Environmental, as may be required to secure approval of the Project, will be billed on a time-and- materials basis Copies of Report 01203 0006/643763 3 EQG A-7 A-33 PDF and Microsoft Word versions of the reports will be provided to the client Task 3 3 Biological Habitat Assessment and Report The Portuguese Bend and Abalone Cove preserve areas have been well documented Chambers Group will review biological assessments provided for the Portuguese Bend area as well as data provided in the Final Rancho Palos Verdes NCCP/HCP and incorporate the data into an updated biological habitat assessment Chambers Group will also conduct a database review for state and federally listed and/or sensitive species, USFWS National Wetlands Inventory Maps, topographic maps, and blueline drainages Once all data has been reviewed, Chambers Group biologists will conduct a field survey and confirm the existing vegetation data, however, much of vegetation communities were scaled to a mapping unit of 1-acre which may not be effective to assess quality of habitat, suitable habitat for listed or sensitive species, and Project impact calculations Therefore, Chambers Group will provide a more detailed vegetation mapping and habitat assessments for the Project impact areas, including repair locations for existing fractures, surface drainage improvements, flow reduction area (basin), and hydrauger locations This approach will reduce mitigation costs significantly The biologists will focus on suitable habitat for the NCCP/HCP covered species with a potential to occur, including coastal California gnatcatcher and host plants for the Palos Verdes blue butterfly as well as habitat for sensitive plants known to occur in the area Maps of the vegetation communities within the approximate 250-acre area will be updated with the field data and will be digitized on aerial images Potential waters and wetland habitats on the site will be evaluated Upon completion of field survey, all GIS data collected will be reviewed Data gathered from the survey and analysis effort will be included in the comprehensive biological report This task does not include agency consultations or permitting This scope does not include focused surveys or agency consultations Task 3 4 Cultural Resources Assessment The following tasks are provided to address the cultural resources sensitivity of the 250-acre project area and satisfy information required to address the CEQA checklist Task 3 4 1 Literature Review Chambers Group will conduct a literature review, including a review of the findings of a records search through the California Historical Resources Information System (CHRIS) database at the South-Central Coastal Information Center (SCCIC) housed at California State University, Fullerton The records search will be conducted by SCCIC staff and review relevant previously recorded cultural resources and previous investigations completed for the one-mile search 01203 0006/643763 3 EQG A-8 A-34 radius surrounding the Project site Information to be reviewed will include location maps for all previously recorded cultural resources, previously conducted investigation boundaries, National Archaeological Database (NADB) citations and copies for associated reports, historic maps, and historic addresses Chambers Group will also review properties listed on/as the California Points of Historical Interest (CPHI), California Historical Landmarks (CHL), Caltrans Historic Highway Bridge Inventory, California Historical Resources Inventory, local city and county registries of historic properties, the California Register of Historic Resources (CRHR), and the National Register of Historic Places (NRHP) Additional sources of information that may be reviewed include but are not limited to Certified Local Government annual reports and other data, HABS/HAER records, the National Register Information System, the on-line database for National Register sites, Calisphere Digital Resources, Online Archive of California, Government Land Office Plat Maps, Sanborn Fire Insurance Maps, local historical societies and libraries, as well as inventory files and data on-file with other agencies that control property near the area The task will also include a search for potential prehistoric and/or historic burials (human remains) evident in previous site records and/or historical maps (i e , Sanborn Fire Insurance Maps, Government Land Office Plat Maps) In addition to the above research, a request that the Native American Heritage Commission (NAHC) will be submitted for a review of their sacred land files (SLF) This search will identify if any resources important to Native Americans have been recorded within the project area and surrounding vicinity The NAHC will provide the results and a list of affiliated tribal representatives to contact for additional information Chambers Group will provide the results of the NAHC SLF search and list of tribes in the cultural resources letter report It is assumed that the City of Rancho Palos Verdes will be the lead under AB 52 Tribal Consultation (if necessary) Note that this research alone does not satisfy the lead agency's requirements under AB 52 An optional task to support the City with AB-52 consultation is included below Please note At the time of execution of this Agreement, the SCCIC is currently closed due to the COVID-19 and conducting record searches is not possible When the facility shut its doors, they were running on an 8-week delay in turn-around time Chambers Group can conduct the field survey without the record search data and provide an interim report, however, if record search results do not agree with the results of our field survey, we may need to conduct an additional field check before finalizing the report and a contract augment will be required The benefit of this approach is to allow for draft CEQA documents and permit applications to be completed while awaiting the record search data, however, Chambers Group will employ the direction of OCPW Task 3 4 2 Field Survey Chambers Group will complete a field survey of the proposed 250-acre project area The cultural resources survey will be conducted in accordance with 01203 0006/643763 3 EQG A-9 A-35 the professional standards as described by the National Parks Service, Secretary of Interior's Standards and Guidelines, as amended for Archaeology and Historic Preservation Chambers Group cultural resources specialist will survey the Project area for the presence of • Prehistoric artifacts (e g , flaked stone tools), • Tool-making debris, stone milling tools, • Historic artifacts (e g , metal, glass, ceramics), • Sediment discoloration (ex midden, hearth features), • Depressions and other features indicative of the former presence of structures or buildings (e g , post holes, foundations), • Historic ruins, buildings, structures, and/or objects This cost estimate assumes 3 cultural resource specialists from Chambers Group will complete the survey within 3 9-hour days This cost estimate assumes no cultural resources will be encountered during this survey If cultural resources are identified, a revised scope of work and cost may be necessary Task 3 4 3 Letter Report The results of the cultural resources study will be summarized in a letter report which will include, the results of the literature review and field survey, proposed mitigation measures (if any), and site photos and references The letter report is assumed to contain up to 15 pages of text, graphics, and appendices A draft copy of the letter report will be provided to the City for review This cost estimate assumes no more than four hours to address comments and to finalize the letter report If additional comments are received, a revised scope of work and cost for additional review may be necessary Deliverables One Draft and One Final electronic copy of the Archaeology Survey Report Optional Tasks 3 4 4 The following tasks are optional and dependent upon the findings work completed previously Upon Notice to Proceed (NTP) Chambers Group will provide the following optional tasks, as directed Optional Task 3 4 4 A Assembly Bill (AB 52) Tribal Consultation Support 01203 0006/643763 3 EQG A-10 A-36 The following task has been provided to support the City with AB 52 services, including but not limited to, preparation of notification letters, tribal consultation and tracking, assessment of information related to TCRs provided by the Tnbe(s), and drafting appropriate mitigation measures (as warranted) Up 24 hours have been included to provide support with this task, as needed If additional hours are needed to conclude AB 52 consultation an augmented cost and scope may be required Optional Task 3 4 4 B Paleontological Review Report describing the high potential importance of the Monterey and why this area is of significance to the paleontological and geological community There is a known slight limitation on the stratigraphic location and position of any important fossil specimens recovered due to the nature of the landslide and the downward motion of deposits demonstrated by previous studies of the Portuguese Bend Landslide since the 1950's However, this area is designated as type area for the Middle to late Miocene age Altamira Shale Member of the Monterey Formation which does restrict the age as recognized for this unit in the Palos Verdes Peninsula and elsewhere in California It is possible that significant vertebrate fossil remains and other fossils such as invertebrate and plant remains may be discovered during excavation activities associated with this Project As a result of the field survey it should be possible to determine if these deposits are fossiliferous in this region and help to make recommendations for a future Paleontological Mitigation Program Assumptions • This proposal assumes a negative findings survey • City will provide Chambers Group with confirmation on the Project footprint at the time of authorization or NTP It is assumed that this information will not change once Chambers Group has initiated the tasks above Task 3 5 Water Quality and Hydrology Study KPFF Consulting Engineers will be preparing a CEQA technical report in support of an MND or EIR They understand the area of study is assumed to be a roughly 650-acre watershed Hydrology and Water Quality Technical Report The scope of work for this report includes a discussion of existing site conditions as well as regulatory requirements and the role of government agencies regarding a range of hydrological issues The report will also include an analysis of potential project impacts including flood hazard, ground water, and surface water runoff in terms of the local and regional storm drainage systems, 01203 0006/643763 3 EQG A-11 A-37 identification of project mitigation measures, and significance of impacts both before and after mitigation Task 3 6 Visual Simulations Subcontractor VisionScape will produce highly accurate Visual Simulations (accurate 3D modeling), generated with a systematic and scientific approach VisionScape will develop an exact computer model illustrating elevations, natural and finished grades, existing and surrounding contextual elements including adjacent buildings, reference points etc Photorealistic materials, maps, and textures will be applied to the modeling • Data Gathering CAD includes proposed Grading Plans, Architecture, Landscape and Other Specifications • Camera Locations Determined A determination of proposed key observation points (KOPs) or camera locations will be reviewed and approved by City's Contract Officer VisionScape will coordinate the site photography and schedule an initial site survey This includes identification of reference points using GPS and Camera Match Technology, utilizing a highly accurate Trimble (Sub-Meter) GPS device and a "Full Frame" digital camera for documenting coordinates at requested station points • 3D Camera Match Computer model camera is matched with the approved site photography Reference points, proposed structures and 3D landscaping depicts the project setting within the view • Final Touch Ups Artistic touches are made to ensure that the accuracy, as well as the look and feel, is consistent with the vision of the Project Final visual effects such as lighting and shadows allow our models to replicate the appearance of the actual Project as it would appear following construction Task 3 7 Traffic Impact Analysis Subcontractor LLG will provide consultation relating to 1) preparation of a construction-related transportation impact study, 2) provide support to the team in the Draft environmental document preparation effort, and 3) provide support to the team in the Final environmental document preparation effort Task 3 7 1 Transportation Impact Study Obtain existing/historical traffic data at up to four key study intersections Preparation of the Existing (Without and With Construction Traffic) conditions 01203 0006/643763 3 EQG A-12 A-38 Assess the impacts of the peak construction-related traffic and determine significance based on the City's current thresholds Prepare the Draft Formal Transportation Impact Study for team and City staff review Revise the Draft based on one (1) round of comments and submit Final study to the team and City staff Task 3 7 2 Consultation Related to Draft Environmental Document Review the draft Transportation Section of the environmental document and provide comments to the project team This task includes one complete review of the draft Transportation Section (i e , the initial draft) Task 3 7 3 Response to Comments/Final Environmental Document Support Review the comment letters and individual comments associated with any construction-traffic/transportation issues Prepare written responses to those comments included in the transportation discipline and forward to the Project team for incorporation into the Final environmental document Task 3 8 Geology and Soils Assessment Subcontractor Leighton and Associates, Inc 's (Leighton) will primarily be guided by the information provided in the Project RFP As an internal measure of Quality Control during our execution of the Project, Leighton will assign a Project Manager and Senior Reviewer who will meet frequently to discuss project logistics, findings and progress Communications will be directed through Leighton's Project Manager, as the single point of contact to foster clear communication Task 3 8 1 Part 1 Geological/Geotechnical Geologic/Geotechnical Assessment Leighton will conduct an assessment of potential environmental impacts posed by the Project to support the geologic/geotechnical portion of the IS and/or EIR This report will be signed and stamped by a California-licensed Certified Engineering Geologist (CEG) and Geotechnical Engineer (GE) Tasks proposed as part of our scope of work will include the following Literature Search and Review This task will involve a search for readily available geologic and geotechnical literature pertinent to the Project, including historical aerial photographs and topographic maps, private aerial photographic collections, on-file at the City, contained within Leighton's in-house library, on the world-wide-web, and provided by you There are 60 years of pertinent documents and data to collect, review and interpret 01203 0006/643763 3 EQG A-13 A-39 Site Reconnaissance Leighton will conduct a reconnaissance of accessible areas of the subject Project area, and immediately surrounding areas, to visually observe and evaluate existing geology, geomorphology, and soil conditions Documentation Leighton will prepare a document outlining Leighton's assessment of environmental impacts relating to Geology and Soil The following will be part of Leighton's deliverable EMS documentation • Geologic Setting a general description of the type of native earth units (soil and bedrock) and geologic structure • Geologic Hazards a discussion of potential geologic hazards at the site, including landslides and slope stability, surface fault rupture, liquefaction and ground shaking, seismic settlement, tsunamis and subsidence • Geotechnical Hazards a general characterization of onsite soil conditions, and related hazards including but not limited to soil collapse, soil expansion and erosion • Groundwater a general description of groundwater conditions based on available data • Earthwork a general discussion of potential earthwork and grading challenges, if any Optional Geotechnical Scope Third Party Review of Geotechnical Reports If desired, Leighton can provide a 3rd party review of the geotechnical reports provided for the project Leighton can review the reports from both a deficiency/standard-of-care perspective, and a value-engineering perspective As needed, Leighton will ask for electronic files of the analysis files from the consultants During their work, Leighton would look for apparent deficiencies in the analysis and work, and prepare review comments for the consultant to address, if deemed appropriate Proposals for these optional services can be prepared upon request Optional Response to Comments and FEIR Report Leighton can review formal public/agency comments and prepare a written response As an option, Leighton's can attend various meetings, as needed Proposals for these optional services can be prepared upon request Exclusions Supplemental Data Collection/Fieldwork Subsurface geotechnical investigation is excluded from this scope Until such time that a thorough 01203 0006/643763 3 EQG A-14 A-40 literature review, engineering analyses, and other IS and EIR tasks have been completed, Leighton cannot preclude the need for additional subsurface exploration, laboratory testing, engineering analyses or collection of other pertinent scientific data to assess Project impacts Such studies, if warranted, would be performed under an additional scope(s) and fee(s), beyond that defined by this Agreement This scope of work also does not include services during design and construction of the project Task 3 9 Hazardous Substances Assessment (Phase 1 Environmental Site Assessment) Leighton will conduct an assessment of potential hazardous substances environmental impacts posed by the Project, for use in determining whether a Negative Declaration of Environmental Impact report is warranted The purpose of the Phase I Environmental Site Assessment (ESA) is to evaluate potential for hazardous materials on the site and generally characterize the expected nature of hazardous materials that may be present as a result of past and current site usage The assessment will be conducted in accordance with the current ASTM "Standard Practice for Environmental Site Assessments Phase I Environmental Site Assessments Process E 1527-13 " Leighton's scope of work is expected to consist of the following tasks • Site Reconnaissance Leighton will perform an observational reconnaissance of the Project for visual indications of environmental (hazardous materials) conditions This includes observations of the current conditions of structures within the project site, roads, sewage disposal system, hazardous substances and petroleum products, aboveground and underground storage tanks or vent pipes, fill pipes or access ways indicating an underground storage tank, odors, pools of liquid, sumps, drums, polychlorinated biphenyls (PCBs) containing equipment, heating and/or cooling system, stains or corrosion, pits, ponds or lagoons, stained soil or pavement, stressed vegetation, solid waste, wastewater (including clarifiers), wells, and dumping The site reconnaissance will be conducted by a qualified environmental professional as defined in the ASTM E 1527-13 Land use of immediately adjacent properties to the project site will be visually and/or physically observed and documented and any conditions indicative of contamination or potential contamination will be documented, to the extent possible Current site conditions will be photographed • Data and Historical Records Review A search of selected government databases will be ordered from an environmental database company The report will meet the government records search requirements of ASTM E 01203 0006/643763 3 EQG A-15 A-41 1527-13 The database listings will be reviewed within the specified minimum search distances established by the ASTM E 1527-13 The lists will include - Federal (NPL, CERCLIS, RCRA, IC/EC Registries, ERNS) - State and Tribal (NPL-equivalent, CERCLIS-equivalent, landfill and/or solid waste disposal sites, leaking storage tank lists, registered storage tank lists, IC/EC control registries, voluntary cleanup sites, and Brownfield sites) Leighton will also review reasonably ascertainable historical sources of information that show the Project site dating back to first developed use, or back to 1940, whichever is earlier The resources will include at a minimum aerial photographs and topographic maps In addition, Leighton will review existing geotechnical and other environmental reports for mention of environmental conditions at the site Leighton will contact appropriate city, county, state, and federal agencies who may have information pertaining to previous mitigation projects (identified during the database review) for parcels adjacent to the project limits Should it be determined that files exist for the requested properties, they will be reviewed • Report Compilation A report summarizing Leighton's findings, conclusions addressing recognized environmental conditions (RECs) and their potential to adversely impact the Project, and recommendations will be prepared At a minimum, the report will include a site location map, site visit notes and photographs, summary of environmental database search, and a summary of the historical use of the site The memorandum will be prepared under the direct supervision, and signed by, an Environmental Professional as defined in the ASTM E 1527-13 • Deliverables Draft Phase I ESA and Final Phase I ESA We anticipate that the Phase I ESA will be available approximately 8 weeks after authorization Scope of work for follow-on studies is not included However, the Phase I ESA may identify environmental concerns that warrant additional study during the DEIR or other follow-on studies Scopes and fees for such services will be provided if/when deemed necessary based on actual conditions identified D Task 4 Mitigated Negative Declaration Option 01203 0006/643763 3 LQG A-16 A-42 A Mitigated Negative Declaration (MND) is prepared when the Initial Study shows no substantial evidence that a Project may have a significant effect on the environment In the event that the results of the Initial Study determine that an MND is the most appropriate CEQA document, the tasks required for preparing an MND are provided below Task 4 1 Prepare/Distribute the MND and Notice of Intent After one round of review and receipt of integrated comments on the Administrative Draft MND, Chambers Group will then revise the MND accordingly and resubmit the draft for a final review prior to public circulation Also included in this scope is document distribution and coordination during the public review Chambers Group will prepare and distribute copies of the Draft MND, technical studies, and Notice of Completion to the City, State Clearinghouse, and affected public agencies Chambers Group will prepare and file a Notice of Intent (NOI) to adopt an MND with the Office of Planning and Research and the County Clerk Chambers Group will distribute copies of the NOI to affected public agencies and to the mailing list provided by the City Deliverables One electronic PDF copy of the MND and appendices for public agency distribution will be provided Up to 15 hard copies of the summary forms and one copy of the NOC will be included for the State Clearinghouse submittal One NOI to be filed with the State Clearinghouse and the County Clerk Up to twenty-five NOIs to be sent via regular mail Additional hard copies of the complete documents shall be provided at an additional cost Task 4 2 Final MND with Responses to Comments Responses to the comments will be prepared based upon comments received during public review Chambers Group anticipates no more than 20 comment letters with an average of 5 comments each (100 comments total) will be received and addressed Chambers Group expects the comments will not be substantial in nature and will not require further analyses If more comments are received, additional costs would be required to address them and incorporate the responses and changes into the Final MND A draft of these responses will be provided to the City Upon receipt of two complete sets of comments from the City on the responses, a Final MND will be prepared This document combined with the Draft MND will constitute the Final MND to be used by the City when considering approval of the Project Deliverables One electronic copy of the Final MND and responses to comments 01203 0006/643763 3 EQG A-17 A-43 Following preparation of the Final MND, Chambers Group will prepare a Draft Mitigation Monitoring Plan (MMP) as required by CEQA for review The Final MMP incorporating the comments received will be incorporated into the Final MND Deliverables MMP incorporated into Final MND The Notice of Determination (NOD) is filed following the decision to carry out or approve the Project for which the MND has been prepared Chambers Group will prepare the NOD and will file the NOD with the State Clearinghouse and the County Clerk Blue Engineering & Consulting will be responsible for Fish and Wildlife filing fees, if necessary Deliverables One NOD to be filed with the State Clearinghouse and the County Clerk Up to 25 NODs to be sent via regular mail E Task 5 Environmental Impact Report Option Should the results of the Initial Study and technical reports identify that significant impacts may occur or that other factors may warrant a higher level of CEQA document, an Environmental Impact Report shall be prepared The tasks required for preparing an EIR are provided below Task 5 1 Notice of Preparation and Scoping Chambers Group will prepare the Notice of Preparation (NOP) for the Project after development of the Initial Study Checklist which will help determine the appropriate level of CEQA documentation The NOP will contain a description of the Project, a map showing the location of the Project, and a summary of the probable environmental impacts Upon receipt of the City's Comments, Chambers Group will prepare a Final NOP for public review Chambers Group will distribute copies of the NOP with the previously prepared IS to the appropriate responsible and trustee agencies, interested parties, and to the mailing list provided by the City and will file the NOP with the Office of Planning and Research (OPR) and the Los Angeles County Clerk The NOP will be circulated for a 30-day public review period The comments that are received on the NOP will be used to further refine the Project description or scope of EIR, if needed The NOP, comments received, and all correspondence will be included in the EIR appendices Chambers Group will send up to 100 NOPs to agencies and individuals on the City's mailing list The NOP will be filed and posted at the County Clerk's office for the requisite 45-day review period Fees for filing with the County Clerk are included in this cost estimate The NOP will be no more than six pages The NOP will include a description of the project, location map of the project, salient environmental issues, and probable environmental effects of the project 01203 0006/643763 3 EQG A-1 8 A-44 In coordination with the City, Chambers Group will conduct one Public Scoping Meeting The meeting will provide opportunities for two-way communication 1) Staff and consultants will describe the purpose and need for the project, objectives and benefits, as well as the difference between feasible and infeasible alternatives, and 2) Community members will be encouraged to provide their feedback on reasonable alternatives, and to express issues and concerns that should be addressed in the EIR A Meeting Notice Flyer will also be provided, as directed by staff, however, please note that mailing and postage of invitations are not included in this budget After completion of the Scoping/Community Meeting, Chambers Group will review the comments received during the public scoping process to determine if redefining of the scope of the environmental analysis is warranted This will also include identifying thresholds of significance for use in the EIR analysis, and establishment of baseline conditions Deliverables 1 electronic PDF copy of the IS/NOP will be provided to the City Up to 15 hardcopies of the summary form, once NOC, and 15 CDs containing an electronic PDF copy of the IS/NOP for public agency distribution Up to 25 NOPs to be sent via certified mail Task 5 2 Prepare Administrative Draft EIR Conduct Environmental Impact Analysis The document will contain a section for each environmental issue area Depending on the complexity of the Project, an analysis of all environmental issues may be warranted However, the EIR may be focused to just a few issues based on the preparation of an IS Discussion of each issue will begin with a description of the environmental setting Impact evaluations for each environmental issue area will contain the following elements 1 a statement identifying the impact and its significance, 2 a discussion of the impact and methodology used to evaluate the Project, 3 cumulative impacts evaluation, 4 applicable city policies and requirements, 5 recommended measures to mitigate the impact, and 6 a statement identifying the level of significance after measures are implemented Identified issue areas where potentially significant impacts may occur and/or expanded analysis may be appropriate are Air Quality, Biological Resources, Cultural and Paleontological Resources, Geology, Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, and Public Services and Utilities The draft need not include discussion of issue areas where it is clearly identified during the preparation of the IS that no impacts, or less than significant impacts would occur as a result of the Project 01203 0006/643763 3 EQG A-19 A-45 Assess Cumulative Impacts Chambers Group will develop a list of ongoing or future projects in the area within a reasonable radius around the project site to develop the cumulative impact analysis The Project's contribution to the overall cumulative impact will also be evaluated and discussed Analyze Alternatives Chambers Group, in concert with the City team, will develop a range of reasonable alternatives to be evaluated in the EIR per the CEQA guidelines Three alternatives will be assessed for their ability to reduce or eliminate significant impacts of the Project, while resolving public, as well as agency concerns As required by CEQA, the No Project Alternative will also be examined Discussion of impacts associated with each feasible alternative, and summary matrix which compares the Project, and project alternatives will be prepared and included in the Draft EIR Prepare Other Required Sections In addition to the sections discussed above, Chambers Group will prepare all other required CEQA document sections, including a Table of Contents an executive summary, impacts of the project found not to be significant, growth-inducing impacts of the project, any significant irreversible environmental changes that will be involved with continued operation of the project, an energy conservation discussion consistent with Appendix F of the CEQA Guidelines, and a list of organizations and persons consulted Deliverables 1 electronic PDF copy of the Administrative Draft EIR for City review Task 5 3 Screencheck Draft Environmental Impact Report Screencheck Draft Environmental Impact Report Preparation and Distnbution Upon Chambers Group's receipt of the review comments, the Administrative Draft EIR will be modified and the Screencheck Draft EIR prepared and include any revisions directed by the City Chambers Group will prepare and distribute copies of the Draft to the City, the OPR, and affected public agencies The Draft EIR will be circulated for a 45-day public review period Deliverables 1 electronic PDF copy of the EIR and appendices Up to 5 CDs containing an electronic PDF copy of the Draft EIR and technical studies as appendices for public agency distribution Hard copies will be provided at an additional cost Prepare/Distnbute Notice of Completion/Notice of Availability As soon as the Screencheck Draft EIR is completed, a Notice of Completion (NOC) must be filed with the OPR and a Notice of Availability (NOA) must be filed with the County Clerk, and must be provided to the public, either in a newspaper of general circulation or through direct mail Chambers Group will provide the Draft NOC/NOA to the City for their review and approval 01203 0006/643763 3 EQG A-20 A-46 Chambers Group will distribute copies to the appropriate responsible and trustee agencies, interested parties, and to the mailing list provided by the City and will file the NOC with the OPR and the NOA with the County Clerk The NOC/NOA will be circulated for a 45-day public review period Deliverables 15 hard copies of the Executive Summary, 15 CDs containing an electronic PDF copy of the Screencheck Draft EIR with appendices Up to 25 NOC/NOAs to be sent via certified mail Task 5 4 Prepare Final EIR Coordinate before Preparation of Final EIR After the 45-day circulation period on the Draft EIR, Chambers Group will evaluate the written comments received and attend a meeting (in person, or teleconference) with the City on the approach for preparing response to comments After approach is decided upon, Chambers Group will prepare a set of responses to comments Response to Comments The Final EIR will include each comment letter received, which will be followed by a response to each comment Responses to comments received by the City and made at Public Hearings will be prepared Chambers Group will provide City staff with a complete draft copy of the Response to Comments for review and will modify the Response to Comments The Response to Comments will be contained within the Final EIR Chambers Group will distribute a complete and final set of Response to Comments to each public and private organization commenting on the Draft EIR It is assumed that no more than 100 comment letters, with an average of 5 comments each (500 comments total), would be received and addressed If more comments are received, additional costs would be required to address them This contingency is detailed in the Cost Estimate for the Project Mitigation Monitonng Program Chambers Group will prepare a Mitigation Monitoring Plan (MMP) as required by CEQA Chambers Group will work with the technical staff and the City to develop the MMP Chambers Group will provide a Draft Mitigation Monitoring Plan (MMP) at the time of submittal of the Administrative Final EIR The MMP will be incorporated into the Final EIR Administrative Final EIR After one review and comment on the Response to Comments, the responses will be finalized for inclusion in the Final EIR Based on comments from the public review and input from the City, some changes to the wording of the Draft EIR may be needed Any required changes will be handled by including amended text and/or graphics within the Final EIR It is assumed that no new field work or substantially new analyses or technical studies will be required 01203 0006/643763 3 EQG A-21 A-47 Findings of Fact (FOE) and Statement of Overriding Considerations, if necessary Chambers Group will prepare Findings of Fact and if warranted, a Statement of Overriding Considerations Deliverables 1 electronic PDF copy of the Administrative Final EIR including Response to Comments and the MMP Prepare Final Environmental Impact Report Upon Chambers Group's receipt of the City's review comments, the Administrative Final EIR will be modified and the Final EIR prepared The Notice of Determination (NOD) is filed following the City's decision to carry out or approve the project for which the EIR has been prepared Chambers Group will prepare the NOD and will file the NOD with the OPR and the County Clerk The City will be responsible for Fish and Game filing fees, if necessary Deliverables Up to 20 hard copies of the NOD will be sent via certified mail F Task 6 Meetings and Public Hearings The following are included • Attendance of one 3-hour public outreach meeting, plus travel time • Attendance at one 3-hour community meeting, plus travel time • Attendance at one 3- hour City Council subcommittee meeting, plus travel time • Attendance at one 3-hour City Council Meeting to certify the environmental document, plus travel time • Up to three 1-hour coordination and progress meetings with the City staff, Palos Verdes Peninsula Land Conservancy Staff, and other government agencies such as State and Federal wildlife agencies and the California Coastal Commission via teleconference • Chambers Group will attend any other additional meetings requested by the City's Contract Officer on a time-and-materials- basis II As part of the Services, Consultant will prepare and deliver the following tangible work products to the City See Section I for deliverables 01203 0006/643763 3 EQG A-22 A-48 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 Consultant will provide status reports as needed In the early stages these are anticipated to be one or more times weekly As the project progresses, status updates will likely be weekly or every other week The frequency of the status reports shall be determined ongoingly by the City's Contract Officer, in consultation with Chambers Group, as appropriate 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, in accordance with Section I, above V Consultant will utilize the following personnel to accomplish the Services Staff Member Role /Title - Kelene Strain Project Manager/Senior Environmental Planner, Project Manager Mike McEntee Principal-in-Charge / President and Chief Operating Officer Corinne Lytle-Bonine Technical Advisor, Sr Planner/ Managing Environmental Planner Meghan Gibson Environmental Planning & Documentation / Project Environmental Planner Eunice Bagwan Environmental Planning and Documentation / Staff Environmental Planner Paul Morrissey Biological Resources Lead / Director of Biology Heather Clayton Botany and Restoration Services / Senior Biologist, Restoration Lead Saraiah Skidmore Wildlife Biology Resources / Senior Biologist, Wildlife Lead Heather Franklin USFWS CAGN Permit Holder/ Project Biologist Sandra Pentney, MA, RPA, ENV SP Cultural Resources Lead / Managing Cultural Resources Specialist Hugh Wagner Paleontological Resources / Managing Cultural Resources Specialist Richard Shultz Cultural Resources / Staff Cultural Resources Specialist Lucas Tutschulte Cultural Resources / Staff Cultural Resources Specialist 01203 0006/643763 3 EQG A-23 A-49 Ken Hazlett Cultural Resources /Staff Cultural Resources Specialist Eddie Font Aesthetics and Visual Simulations / Principal Architectural Visualization Greg Tonkovich, AICP, INCE Air, Greenhouse Gas, Noise / Secretary and Senior Analyst Dian Chandra, PE, GE Geotechnical Engineering / Senior Principal Engineer Brynn McCollough, PG Environmental Geologist/ Principal Geologist Jason Hertzberg, PE, GE Geotechnical Engineering / Principal Engineer Jeff Hull, PG, CEG Certified Engineering Geologist/Associate Geologist Richard Davis, PE Hydrology, Water Quality / Principal, Civil Engineering Manager David McGraw, PE Hydrology, Water Quality/Associate, Project Manager Clare M Look-Jaeger, PE Traffic/ Principal 01203 0006/643763 3 EQG A-24 A-50 EXHIBIT "A-1" PORTUGUESE BEND LANDSLIDE MITIGATION PROJECT SITE u 1''y j o i •) I� , s_ a f :APO : / ,,Al • ,� Y. .., ,\ •� — - . Ancient , , / t&nimbi%Cgpep.e! •j .--'r '� � , Olaf tIYMQ -. . • ' .� e. 'Tvngb - / 1 j I or C,^¢'IW- --,' / 41 ; I • / .Z 'e ` stain ns Pqn Heno r 3oa r• '.f' ;S E .� TC Ica-V iirta., : f•;4 . i f a, • E pionlroe I .ae A ho lox• / ! i, I ;acme* urs.arm. ar wKIJ\ -.,= • II. 4 -r:44N Ti , .pct+ * 1111«..e.-0 i Tow "5°14' li N.r ..t.,,,,.:...... a. •r Ch:x RANCHO PA106 VE4:,-- ..411%- • �rt l Snr+r■.&A.+o Ar Regional Geology 01203.0006/643763.3 EQG A-25 A-51 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text is indicated in bold italics, deleted text is indicated in dough Section 1 4, California Labor Law, is deleted in its entirety II Section 2 4, Invoices, is amended to read 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 contain all information specified in Exhibit "C", and 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 CityThe Portuguese Bend Landflow Committee of the City Council 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 Citythe Committee, 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 01203 0006/643763 3 EQG B-1 A-52 EXHIBIT "C" SCHEDULE OF COMPENSATION Consultant shall perform the following tasks at the following rates: TASK COST Task 1.1: Project Initiation and Kickoff $2,468.00 Task 1.2: Project Description $4,870.00 Task 2.1: Admin Draft Initial Study $13,004.00 Task 3: Technical Studies Task 3.1 Air Quality,Energy,GHG Analyses $5,760.00 Task 3.2 Noise Analysis $3,840.00 Task 3.3: Biological Assessment $9,957.50 Task 3.4 Cultural Resources $16,640.00 Task 3.5 Water Quality&Hydrology $55,000.00 Task 3.6: Visual Simulations $9,400.00 Task 3.7 Traffic Impact Analysis $15,300.00 Task 3.8 Geology&Soils 26,500.00 Task 3.9 Hazards Phase I ESA $20,500.00 Task 4 Mitigated Negative Declaration Option Draft MND and Circulation $17,372.00 Final MND $13,734.00 Task 5 Environmental Impact Report Option Notice of Preparation/Scoping $13,732.00 Admin Draft EIR $19,570.00 Draft EIR/Distribution $13,562.00 Final EIR* $16,570.00 Task 6: Meetings and Public Hearings $5,568.00 MND PROJECT TOTAL COST Task 1:Project Initiation&Project Description $7,338.00 Task 2:Initial Study $13,114.00 Task 3:Technical Studies and Support $162,897.50 Task 4:MND $31,106.00 Task 6:Meeting and Public Hearings $5,568.00 Total Labor $220,023.50 Miscellaneous Costs(Mileage,printing,etc.) $2,367.00 Total Labor plus Costs(IS/MND Option)* $222,390.50 EIR PROJECT TOTAL COST Task 1:Project Initiation $7,338.00 Task 2:Initial Study $13,114.00 Task 3:Technical Studies and Support $162,897.50 01203.0006/643763.3 EQG C-I A-53 Task 5—EIR $63 434 00 Task 6 Meeting and Public Hearings $5,568 00 Total Labor $252,351 50 Miscellaneous Costs(Mileage,printing,etc) $3,367 00 Additional Cost for Extra Comment Letter Responses $10,000 00 Total Labor plus Costs(EIR Option) $265,718 50 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 NOT APPLICABLE III Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 21, unless Additional Services are approved per Section 1 9 IV 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 V Invoices will be sent directly to accounts payable then Finance will distribute the invoice to the Portuguese Bend Landflow Committee of the City Council and to the City's Contract Officer Invoices will be reviewed and either approved or rejected within 30 days V The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2 1 of this Agreement VII The Consultant's billing rates for all personnel are attached as Exhibit C-1 01203 0006/643763 3 EQG C-2 A-54 EXHIBIT "C-1" PERSONNEL RATES Effective January 2020 CHAMBERS GROUP BILLING RATES STAFF Charges for all professional,technical and administrative personnel directly charging time to the project will be calculated and billed on the basis of the following staff category hourly"Billing Rates" Billing Rates include fringe benefits,burden,and fee Staff Title Rate Staff Title Rate Senior Director 522500 Managing Environ Planner $185 CO Director/Program Manager 520000 Sensor Environ Planner $154 00 Sr Project Manager $165 00 Project Environ Planner $134 00 Project Manager $140 00 Staff Environ Planner $114 00 Environ Planner $104 00 Assistant Environ Planner $93 00 Managing Cultural Resources Specialist $165 00 Managing Biologist/Botanist 5185 00 Senior Cultural Resources Specialist $134 00 Sensor Biologist/Botanist $149 CO Project Cultural Resources Specialist $118 00 Project Biologist/Botanist $129 CO Staff Cultural Resources Specialist $103 00 Staff Biologist/Botanist $113 00 Cultural Resources Specialist $92 00 Biologist/Botanist $103 00 Assistant Cultural Resources Specialist 573 00 Assistant Biologist/Botanist $93 00 Senior GIS Analyst $147 00 Managing Restoration Director $133 00 Staff GIS Analyst 5122 Restoration Specialist Foreman 578 00 (Foreman) GLS Technician $107 CO Restoration Specialist $4100 Maintenance Labor Project Controls Specialist 59300 Project Assistant/Tech Editor $8200 Word Processor $7200 aencal/Tedmiaan $62 00 01203 0006/643763 3 EQG C-3 A-55 EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Consultant shall perform all services timely in accordance with the following schedule. The following schedule assumes that all relevant project information will be received during the project kick-off meeting. Should the City require peer reviews of the Initial Study and technical reports from a third-party consultant, the schedule will be revised to accommodate additional review periods. PROJECT INITIATION AND INITIAL STUDY TASK NAME DURATION (following NTP) Notice to Proceed (NTP) Day 0 Project Kick Off 5 Days Project Description 2 Weeks City Review of Project Description 1 Week Finalize Project Description 1 Week Prepare Draft Initial Study 4 Weeks City Review of Initial Study 2 Weeks Prepare Final Initial Study 2 Weeks Technical Studies and Support 8 to 12 Weeks Approximate Total 12 Weeks or Fewer Technical studies will be prepared concurrent with the preparation of the Initial Study. Estimated start and end dates: 6/1/2020 — 8/21/2020 01203.0006/6437633 EQG D-1 A-56 MITIGATED NEGATIVE DECLARATION OPTION TASK NAME DURATION Prepare Administrative Draft IS/MND 2 Weeks City Review of Draft IS/MND 1 Week Prepare/Distribute the IS/MND and Notices 2 Weeks City Review of Draft IS/MND and Notices 1 Week Public Circulation 30 Days Prepare Final MND with Response to Comments 4 Weeks and MMRP City Review of Final IS/MND, Response to 1 Week Comment, and MMRP Notice of Determination 1 Week Approximate Total 16 weeks or Less Estimated start and end dates including preparation of the Initial Study: 6/1/2020 — 9/18/2020 ENVIRONMENTAL IMPACT REPORT OPTION TASK NAME DURATION Prepare Draft NOP 2 Weeks City review of Draft NOP 2 Weeks Prepare and distribute IS/NOP 2 Weeks Public Scoping period 30 Days Prepare Administrative Draft EIR 3 Weeks City review of Administrative Draft EIR 3 Weeks Prepare and distribute draft EIR, NOC, and 2 Weeks NOA 01203.0006/643763.3 EQG D-2 A-57 Public review period 45 Days Respond to comments as appropriate and 3 Weeks preparation of MMRP City review of response to comments and 2 Weeks MMRP Prepare administrative Final EIR, MMRP, 2 Weeks Findings of Fact, NOD, and Statement of Overriding Considerations (if necessary) City review of administrative Final EIR, MMRP, 2 Weeks Findings of Fact, NOD, and Statement of Overriding Considerations (if necessary) Prepare Final EIR, MMRP, Findings of Fact, 2 Weeks NOD, and Statement of Overriding Considerations (if necessary) Approximate Total 32 Weeks or Fewer Estimated start and end dates including preparation of the Initial Study 6/1/2020 to 12/31/2020 Please note This timeline can be truncated if the NOP is released prior to completion or final technical studies II Consultant shall deliver the following tangible work products to the City by the following dates See Section I for deliverables and due dates Ill The Contract Officer may approve extensions for performance of the services in accordance with Section 3 2 01203 0006/643763 3 EQG D-3 A-58