CC SR 20200519 E - PB Landslide EIRCITY COUNCIL MEETING DATE: 05/19/2020
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to award a professional services agreement to
Chambers Group, Inc. for the preparation of environmental documents in accordance
with the California Environmental Quality Act for the Portuguese Bend Landslide
Mitigation Project.
RECOMMENDED COUNCIL ACTION:
(1) Award a professional services agreement, in an amount not to exceed
$292,289.30, to Chambers Group, Inc. for the preparation of environmental
documents in accordance with the California Environmental Quality Act for the
Portuguese Bend Landslide Mitigation Project; and,
(2) Approve an additional appropriation in the amount of $292,289.30 from Measure
R funds to cover costs associated with the preparation of the environmental
documents.
FISCAL IMPACT: The Portuguese Bend Landslide Mitigation Project is currently a
project in the City’s Capital Improvement Program (CIP). To date, the CIP has only
funded the project’s engineering and design work at a total cost of $479,759.83. No
funding has been allocated for the preparation of the environmental documents in the
FY2019-20 CIP. The preparation of the required environmental documents may cost up
to $292,289.30 (10% contingency included) depending on the required level of review.
Staff is proposing an additional appropriation of $292,300, to come from Measure R
funds, to complete this state-mandated project requirement.
Amount Budgeted: N/A
Additional Appropriation: $292,300
Account Number(s): 220-400-8304-8001
(Measure R - Portuguese Bend Landslide Remediation)
ORIGINATED BY: Ron Dragoo, PE, City Engineer
REVIEWED BY: Elias Sassoon, PE, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement – Chambers Group, Inc. (page A–1)
B. Chambers Group, Inc. Proposal (page B-1)
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C. Staff report dated December 17, 2019 accepting the design of the
Portuguese Bend Landslide Mitigation Project (page C-1)
D. Request for Proposals for the preparation of Environmental Documents for
the Portuguese Bend Landslide Mitigation Project (page D-1)
BACKGROUND:
In spring 2017, the City Council appointed a subcommittee (consisting of
Councilmember Dyda and then-Councilmember Duhovic) to develop a plan with which
an existing feasibility study to stabilize the Portuguese Bend Landslide could be
updated. In July 2017, the council approved an agreement with the consulting firm,
Daniel B. Stevens& Associates, Inc., to prepare the Portuguese Bend Feasibility Study
Update.
The subcommittee was tasked with beginning a collaborative process with community
stakeholders and possibly with professional experts. In order to provide a forum for
stakeholder involvement, the subcommittee commenced to chart a path toward
achieving stabilization of the Portuguese Bend Landslide. Several public workshops
were held in 2017 to gather input from residents and area stakeholders.
On January 16, 2018, after a series of public workshops, Staff presented t he City
Council with a draft copy of a Feasibility Study for extensive work to stabilize the
Portuguese Bend Landslide complex. The City Council received and filed the Updated
Feasibility Study on August 7, 2018. On December 18, 2018, the City Council appr oved
the award of a new professional services agreement to Daniel B. Stephens &
Associates, Inc. for design services associated with the Portuguese Bend Landslide
Mitigation (PBLM) Project.
The scope of work associated with the design services included developing plans to
address the locations of surface cracks (fissures) and how the fissures are to be sealed,
where and how the surface runoff drainage is to be routed and the design for the
installation of dewatering (hydraugers) improvements. These plans were developed in
accordance with the Council-accepted Updated Feasibility Study, with public input,
including federal and state wildlife agencies and the Palos Verdes Peninsula Land
Conservancy (PVPLC).
On December 17, 2019, the City Council received a presentation on the design
drawings and hydrologic analysis associated with the PBLM Project (Attachment C).
After considering public testimony, including a presentation by Daniel B. Stephens &
Associates, Inc., the City Council accepted the proposed plan and authorized Staff to
proceed with preparing the project-required environmental documents pursuant to the
California Environmental Quality Act (CEQA). The environmental documents are
intended to study and provide information on the potential impacts the proposed project
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may have on the surrounding environment, and to provide mitigation measures to
reduce the potential impacts to a less than significant level.
On March 9, 2020, Staff began the process to select a qualified consultant to prepare
the necessary environmental documents by issuing a Request for Proposals (RFP) to
seven environmental consulting firms (Attachment D). The City Council this evening is
being asked to consider approving a professional services agreement with Chambers
Group, Inc. to prepare the project-required environmental documents.
DISCUSSION:
CEQA requires the preparation of an environmental document for the proposed PBLM
Project. The City-issued RFP described the proposed project, anticipated scope of work
and the form of qualifications needed to select an environmental consultant.
Additionally, since the type of environmental document required to be prepared for the
proposed project is unknown at this time, the RFP requested that the consultant prepare
an Initial Study to determine whether either a Mitigated Negative Declaration (MND) or
an Environmental Impact Report (EIR) would be appropriate for the proposed project. If
the Initial Study concludes that the environmental impacts associated with the proposed
project could be mitigated to a less than significant level, a MND would be required.
However, if the Initial Study concludes that the environmental impacts are significant
and unavoidable, an EIR will be required. Cost and time estimates for both types of
documents were requested and are described in the proposals.
In response to the RFP, the following three firms submitted proposals to the Public
Works Department:
Chambers Group, Inc. - $222,390.50 (MND) or $265,718.50 (EIR)
Sapphos Environmental Inc. - $295,509.45 (MND) or $373,343.80 (EIR)
AECOM - $230,993 (MND) or $358,075 (EIR)
Staff reviewed the proposed scope of work from each firm along with the ir experience,
schedule, and technical studies (geology, hydrology, biology, noise, air quality, to name
a few). Based on Staff’s review of the proposals, all three consultants were invited to a
panel interview. Panel interviews were conducted on Tuesday April 21, 2020 and the
panelists consisted of Elias Sassoon, Director of Public Works; Art Bashmakian,
Consultant Planner; and Ron Dragoo, City Engineer. Subsequently, the Chambers
Group, Inc. was selected by Staff based on its familiarity of the area, understanding of
the final design and its knowledge, experience and expertise in the preparation of
environmental documents. Chambers Group, Inc. demonstrated its involvement with
other similar projects and that it possesses the needed expertise and experience to
perform the studies and compile the numerous documents needed to complete the
CEQA component of this project. Staff believes that Chambers Group, Inc. is capable
and will be able to produce quality documents consistent with CEQA requirements.
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The total cost provided by Chambers Group, Inc. for preparing the environmental
documents is not to exceed $292,289.30 (10% contingency included). This cost is
based on the preparation of an EIR. If the Initial Study concludes that a MND can be
prepared, the cost will be less at $222,390.50. If the professional services agreement is
approved this evening, a kick-off meeting with Chambers Group, Inc. will occur on June
1, 2020. The preparation of the project’s environmental documents will follow the
proposed timeline:
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
and MMRP
4 Weeks
City Review of Final IS/MND, Response to
Comment, and MMRP
1 Week
Notice of Determination 1 Week
Approximate Total 16 weeks or Less
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
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TASK NAME DURATION
Prepare and distribute draft EIR, NOC, and
NOA
2 Weeks
Public review period 45 Days
Respond to comments as appropriate and
preparation of MMRP
3 Weeks
City review of response to comments and
MMRP
2 Weeks
Prepare administrative Final EIR, MMRP,
Findings of Fact, NOD, and Statement of
Overriding Considerations (if necessary)
2 Weeks
City review of administrative Final EIR, MMRP,
Findings of Fact, NOD, and Statement of
Overriding Considerations (if necessary)
2 Weeks
Prepare Final EIR, MMRP, Findings of Fact,
NOD, and Statement of Overriding
Considerations (if necessary)
2 Weeks
Approximate Total 32 Weeks or Fewer
The attached professional services agreement (Attachment A) includes specific
language regarding the review and payments of invoices to ensure accountability and
timeliness with the completion of certain tasks. All invoices submitted for work
associated with the development of the environmental documents will be approved by
the City Council subcommittee (Mayor Cruikshank and Councilmember Dyda) for
preparation of these environmental documents.
In accordance to CEQA, the proposed project is anticipated to have a potential impact on
the environment, as follows:
Land use and relevant planning
Aesthetics
Air quality
Noise
Geology
Hazards and hazardous material
Hydrology and water quality
Public services and utilities
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Biological resources
Cultural resources
Any other applicable impact
A determination on the potential environmental impacts will be finalized based on the
preparation of an Initial Study.
In order to examine the level of potential impacts the project may have on the surrounding
environment, the following studies are anticipated to be prepared by the selected
environmental consultant:
Noise Study
Biological Assessment
Water Quality and Hydrology Study
Visual Simulations
Any other applicable study
Staff anticipates that during the development of the environmental document,
modifications may be needed to the design plans. To that end, Staff will return at a later
date with a separate request for the City Council to consider authorizing an agreement
with D. B. Stephens & Associates, Inc. designer Geo-Logic, Inc. for design-related
assistance during the preparation of the environmental documents.
CONCLUSION:
Staff recommends the City Council authorize the execution of a professional services
agreement with Chambers Group, Inc. and to appropriate $265,718.50 in Measure R
funds to complete the CEQA-required environmental documents for the PBLM Project.
ALTERNATIVES:
In addition to the Staff recommendations, the following action is available for the City
Council’s consideration:
1. Reject the Chambers Group, Inc. proposal and direct Staff to consider a
different environmental consultant’s proposal or direct Staff to re -issue an
RFP for new proposals.
2. Alternately discuss and take other action related to this item.
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01203.0006/643763.3 EQG 1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
CHAMBERS GROUP, INC.
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01203.0006/643763.3 EQG
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
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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 rat e of per diem wages, and Consultant
shall post a copy of the same at each job site where work is performed under this
Agreement.
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(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 thereo f, 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. Prio r 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 (1½) 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
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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 Agre ement, 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 f or 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 su bcontractor.
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.
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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, materia ls, 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 o f 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.
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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
1.9.
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 crit ical 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.
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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 Se ction
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 ca nnot
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 perf ormed 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 a nd shall perform all services within the time
period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D”
and incorporated herein by this reference. When requested by the Consultant,
extensions to the time period(s) specified in t he 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
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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 an d 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
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as
being the principals and representatives of Consultant authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection
therewith:
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.
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4.2 Status of Consultant.
Consultant shall have no authority to bind City in any mann er, 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
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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 basi s. 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 Insuranc e 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 endor sement
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 $1,000,00 0 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.
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(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 o f 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, employe es 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 paym ents. 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 approve d 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 volun teers 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
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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 intende d 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 limit s 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.
(l) 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.
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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 right 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 t he 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 institute d 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,
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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.
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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 increa sed 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 Agreemen t,
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 U.S.C. § 101, such documents and materials are
hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Consultant. Consultant shall not
release or disclose any such information or work product to persons or entities other
than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by
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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 reimburseme nt 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
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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 c ovenant.
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 da mages for any
default, to compel specific performance of this Agreement, to obtain declaratory or
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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
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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 add ition 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.
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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.
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9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entir e, 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, ar rangements,
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 participat e
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, part nership, 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 agreeme nt. 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 _______
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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) th at 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]
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01203.0006/643763.3 EQG 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 Cruikshank, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
CHAMBERS GROUP, INC., a California
corporation
By:
Name: Mike McEntee
Title: COO
By:
Name: Alex 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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 before me, ________________, personally appeared ________________, proved
to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
___
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
____
_________________________________________
____
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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01203.0006/643763.3 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2020 before me, ________________, personally appeared ________________, proved
to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form .
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
___
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
____
_________________________________________
____
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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.
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01203.0006/643763.3 EQG A-1
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 graph ical presentation of
the Project, including components, location and boundaries, regional and
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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
Materials
Public Services
Air Quality Hydrology and Water Quality Recreation
Biological Resources Land Use and Planning Transportation
Cultural Resources Mandatory Findings of
Significance
Tribal Cultural
Resources
Energy Mineral Resources Utilities and Service
Systems
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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 additiona l
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 dete rmine
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.
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01203.0006/643763.3 EQG A-4
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
CalEEMod 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
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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 CalEE Mod
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
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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.
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
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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 Envi ronmental 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 verba l 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
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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
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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/a s 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 se arch
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
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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 fea tures),
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 depen dent 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
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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 measu res (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 S hale 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 pl ant
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,
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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 inte rsections.
Preparation of the Existing (Without and With Construction Traffic) conditions.
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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 foste r 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.
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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.
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
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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 a s 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 o f
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 a nd 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
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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
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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 det ermine 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 commen ts 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.
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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. Th e 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.
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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 p urpose 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 di stribution.
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 iss ue
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.
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01203.0006/643763.3 EQG A-20
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 Prepara tion and
Distribution. 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/Distribute Notice of Completion/Notice of Availability: As
soon as the Screencheck Draft EIR is completed, a Notice of C ompletion (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 Draf t
NOC/NOA to the City for their review and approval.
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01203.0006/643763.3 EQG A-21
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 Monitoring 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.
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Findings of Fact (FOF) 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.
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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 wee k. 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, P roject 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
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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
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
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EXHIBIT “A-1”
PORTUGUESE BEND LANDSLIDE MITIGATION PROJECT SITE
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01203.0006/643763.3 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. 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 f or 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 incu rred 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 tim e 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.
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01203.0006/643763.3 EQG C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. 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
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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 2.1, unles s
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 numbe r 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.
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EXHIBIT "C-1"
PERSONNEL RATES
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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
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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
and MMRP
4 Weeks
City Review of Final IS/MND, Response to
Comment, and MMRP
1 Week
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
NOA
2 Weeks
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Public review period 45 Days
Respond to comments as appropriate and
preparation of MMRP
3 Weeks
City review of response to comments and
MMRP
2 Weeks
Prepare administrative Final EIR, MMRP,
Findings of Fact, NOD, and Statement of Overriding
Considerations (if necessary)
2 Weeks
City review of administrative Final EIR, MMRP,
Findings of Fact, NOD, and Statement of Overriding
Considerations (if necessary)
2 Weeks
Prepare Final EIR, MMRP, Findings of Fact,
NOD, and Statement of Overriding Considerations (if
necessary)
2 Weeks
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
III. The Contract Officer may approve extensions for performance of the
services in accordance with Section 3.2.
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Cover Letter
April 7, 2020
Revised April 24, 2020
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Nasser Razepoor, PE, Associate Civil Engineer
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Subject: RFP for the Preparation of Environmental Documents for Portuguese Band Landslide Mitigation Project
Dear Mr. Razepoor,
Chambers Group is submitting this scope and fee to provide support in the preparation of an Initial Stu dy and technical studies
to determine the most appropriate environmental documentation for the Portuguese Band Landslide Mitigation Project
(Project). The Project consists of fracture sealing, drainage swales, and dewatering improvements in the Portuguese Bend
Landslide area. The Portuguese Bend Landslide Complex (PBLC) is located along the south section of the Palos Verdes
Peninsula within the City of Rancho Palos Verdes (City), extending to the Pacific Ocean, and comprises approximately 250
acres. However, we understand the area of land that contribute to landslide instability is much greater.
We have focused this scope of work to achieve the goals of the Project in the most timely and cost-effective way, while
ensuring the City will receive a quality product that can stand up to agency and public scrutiny.
Chambers Group and its subconsultants have successfully provided environmental consulting services and completed more
than 1,000 projects for public agencies. Many of these projects include compliance w ith the California Coastal Act (Coastal
Act), Local Coastal Programs (LCP), or both. Chambers Group is conducting California Environmental Quality Act (CEQA) and
Coastal Act compliance for the City of Newport Beach, which includes an appealable Coastal Development Permit (CDP) issued
by the City under their LCP and an amendment to an existing CDP issued directly by the California Coastal Commission(CCC)
for the portion of the project outside of the LCP boundaries. Our environmental planners conduct Coastal Act compliance for
the operation and maintenance of several large infrastructure permits in Southern California which include compliance with
CDPs, issuance of new CDPs, issuance of de minimus waivers from a CDP, and determinations of whether actions are
“development” subject to the Coastal Act.
We know the sensitive resources and regulations involved with city projects. Our team will provide valuable assistance in
meeting the development requirements within the City while allowing the projects to proceed w ithout delay. Chambers
Group is familiar with the City’s regulatory and approval process for capital improvement projects, the City’s high
expectations, and specific internal policies and procedures. Chambers Group has conducted environmental analys es and
prepared CEQA documents for numerous projects in Los Angeles County and is experienced with a wide variety of mitigation
projects. Furthermore, Chambers Group has conducted public outreach efforts on behalf of Los Angeles County and other
public agencies throughout southern California.
Our Project Manager, Ms. Kelene Strain, has over 17 years of experience and specializes in providing environmental
compliance for projects, including the Long Point Resort Project. She has successfully managed complex projects from
initiation to final approval and has prepared CEQA/NEPA documents for cities throughout southern California. Ms. Strain will
be supported by a team of professional resource specialists to ensure successful project completion.
We look forward to a productive relationship with the City to provide high quality services for this Project. Should you have
any questions, please contact me at (949) 261-5414 x7230 or Project Manager Kelene Strain at (213) 623-1859 x7507.
CHAMBERS GROUP, INC.
Mike McEntee
President
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Table of Contents
Project Team Resumes ................................................................................................................................................................... 1
List of Project Team Members .................................................................................................................................................... 1
Relevant Project Experience and References ......................................................................................................................... 1
Conflict of Interest Statement ..................................................................................................................................................... 4
Project Schedule ............................................................................................................................................................................... 4
Staff Availability ................................................................................................................................................................................. 5
List of Deliverables .......................................................................................................................................................................... 5
Not to Exceed Fee ....................................................................................................................................................................... 18
Appendix A: Project Team Resumes
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Project Team Resumes
Resumes for the key team members who will be assigned to provide services on this Project are provided in Appendix A of
this submittal. Chambers Group is the prime consultant who will be performing Environmental Documentation, Biological,
and Cultural services. Chambers Group has access to additional in-house resources if needed including Restoration
Construction, Marine Biology, and Regulatory Permitting. We have selected the following subconsultants to provide
complementary services required for this landslide mitigation project:
Subconsultant Services
Vista Environmental Air Quality, Noise, Greenhouse Gas
Leighton and Associates, Inc. (Leighton) Geology and Soils, Hazards/Hazardous Materials
KPFF Hydrology and Water Quality
VisionScape Visual Simulations
Linscott, Law & Greenspan, Engineers (LLG) Traffic
List of Project Team Members
The table below contains a listing of the staff members who will be providing services on this proposed Project.
Staff Member: Role / Title Hourly
Rates
Availability
Kelene Strain: Project Manager / Senior Environmental Planner, Project Manager $154 95%
Mike McEntee: Principal-in-Charge / President and Chief Operating Officer No Charge 10%
Corinne Lytle-Bonine: Technical Advisor, Sr. Planner / Managing Environmental Planner $185 40%
Meghan Gibson: Environmental Planning & Documentation / Project Environmental Planner $134 80%
Eunice Bagwan: Environmental Planning and Documentation / Staff Environmental Planner $104 90%
Paul Morrissey: Biological Resources Lead / Director of Biology $185 50%
Heather Clayton: Botany and Restoration Services / Senior Biologist, Restoration Lead $149 60%
Saraiah Skidmore: Wildlife Biology Resources / Senior Biologist, Wildlife Lead $149 70%
Heather Franklin: USFWS CAGN Permit Holder / Project Biologist $129 75%
Sandra Pentney, MA, RPA, ENV SP: Cultural Resources Lead / Managing Cultural Resources Specialist $165 60%
Hugh Wagner: Paleontological Resources / Managing Cultural Resources Specialist $165 50%
Richard Shultz: Cultural Resources / Staff Cultural Resources Specialist $105 75%
Lucas Tutschulte: Cultural Resources / Staff Cultural Resources Specialist $105 40%
Ken Hazlett: Cultural Resources / Staff Cultural Resources Specialist $105 90%
Eddie Font: Aesthetics and Visual Simulations / Principal Architectural Visualization $150 50%
Greg Tonkovich, AICP, INCE: Air, Greenhouse Gas, Noise / Secretary and Senior Analyst $120 50%
Djan Chandra, PE, GE: Geotechnical Engineering / Senior Principal Engineer $295 20%
Brynn McCollough, PG: Environmental Geologist / Principal Geologist $245 20%
Jason Hertzberg, PE, GE: Geotechnical Engineering / Principal Engineer $245 30%
Jeff Hull, PG, CEG: Certified Engineering Geologist / Associate Geologist $225 75%
Richard Davis, PE: Hydrology, Water Quality / Principal, Civil Engineering Manager $250 5%
David McGraw, PE: Hydrology, Water Quality / Associate, Project Manager $185 10%
Clare M. Look-Jaeger, PE: Traffic / Principal $268 5-10%
Relevant Project Experience and References
In respect to the 20-page count maximum, we are providing a featured project that is highly similar to the scope of the
Portuguese Bend Landslide Mitigation Project. Following the key project are projects that Chambers Group and Project
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Manager, Kelene Strain have done in the Ranchos Palos Verdes area that demonstrating local knowledge and scope pertaining
to its specific landscape. We can provide more project descriptions plus those from our subconsultants if-needed (upon
request).
Avenida Placida Landslide Emergency Geostabilization, Biological Surveys, Restoration Plan and
Mitigation Monitoring, San Juan Capistrano, CA
Client: City of San Juan Capistrano Department of Public Works
Reference: The Project Manager who worked with the Chambers Group team no longer work s for the City of San Juan
Capistrano
This project was designed to enhance public safety and well-being by stabilizing an
active landslide that threatened to damage the Avenida Placida roadway and
property within an adjacent residential housing development. The geostabalization
project included the removal of approximately 45,000 cubic yards of landslide debris
which had filled an existing sedimentation basin and threatened to exceed the basin’s
capacity. Remedial grading work involved recontouring the remaining unexcavated
landslide debris within an unnamed ephemeral drainage. The failed slopes were
contoured in-place both within and adjacent to the damage. The City of San Juan
Capistrano (City) rehabilitated and protected an existing municipal water pipeline
buried beneath an unpaved maintenance road west of the landsl ide and adjacent to
the Krum Reservoir. The stability of the pipeline was compromised by the landslide.
The project site is within a Natural Community Conservation Planning area (NCCP) program of the California Department of
Fish and Wildlife (CDFW). An NCCP identifies and provides for the regional or area-wide protection of plants, animals, and
their habitats; it takes a broad-based ecosystem approach to planning for the protection and perpetuation of biological
diversity.
Key Issues: Chambers Group’s responsibilities included environmental documentation and permitting, CEQA compliance
jurisdictional delineation, biological surveys, protection of threatened and endangered plant and animal species, Section 404
permits and 1602 Streambed Alteration Agreements, Special 4(d) NCCP permit, Regional General Permit Number 63 (Repair
and Protection Activities in Emergency Situations), restoration, and success monitoring.
Biological Resources: Chambers Group conducted a literature review and a reconnaissance -level biological survey at the
landslide site. Based on the literature review and reconnaissance-level survey, two federally and/or state listed plant species,
thread-leaved brodiaea (Brodiaea filifolia) and crownbeard (Verbesina dissita) were found on site. Two sensitive or listed
wildlife species, the coastal California gnatcatcher and yellow-breasted chat, were also found onsite.
On-Call Biological Resources Services in Support of Various Projects, Los Angeles County, CA
Client: Sanitation Districts of Los Angeles County (Districts)
Reference: Bryan T. Langpap, PE, BCEE, (562) 908-4288 ext. 230, BLangpap@lacsd.org
Chambers Group provided On-Call biological services to the Districts for projects involving numerous sites within the Districts’
850-square-mile service area and the Tulare Lake Composting Facility. We performed numerous surveys and reporting in
support of various on-call projects for the Districts beginning in 2008.
Chambers Group’s staff was responsible for coordinating with the Districts’ Project Managers, contractors, and regulatory
agencies; providing oversight for CEQA compliance, conducting biological surveys, and performing mitigation monitoring. The
Districts’ required biological/environmental support to construct, operate, and maintain facilities to convey, treat, recycle ,
and dispose of sewage/industrial wastes and generate recycled water, electrical power, and biosolids as part of the treatment
process. Task orders have included CEQA compliance, vegetation mapping, sensitive wildlife and botanical surveys, fish
surveys and development of large scale fish removal, protocol-level coastal California gnatcatcher surveys, protocol-level
desert tortoise surveys, American badger surveys, avian nest surveys, burrowing owl surveys, sensitive species
capture/relocation efforts, permit compliance surveys and monitoring, and emergency monitoring . Our staff has also
provided biological constraints mapping to minimize impacts and costs associated with projects in sensitive resource areas.
Relevance to the Portuguese Bend
Landslide Mitigation Project
Infrastructure Repair
Drainage Improvements
CEQA compliance
Stabilization of an Active
Landslide
Environmental Documentation,
Permitting, and Construction
Monitoring
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Two sample of task orders that Chambers team accomplished are described below.
Joint Outfall “J” Unit 1E Trunk Sewer between Manholes J 219 and J 221 Project
Chambers Group conducted a habitat assessment for the Districts’ Joint Outfall “J”
Unit 1E Trunk Sewer between Manholes J 219 and J 221 Project, in the City Rancho
Palos Verdes, Los Angeles County, California. The project required emergency repair
of this reach of sewer through insertion of a cured-in-place pipe (CIPP) liner. Prior to
performing the habitat assessment, Chambers Group biologists reviewed existing
documentation relevant to the Project area including recent records and reports
from CDFW’s California Natural Diversity Database and the California Native Plant
Society’s (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of
California. Although habitat for sensitive or listed species was not present within project disturbance areas, habitat for
sensitive and listed species, California sagebrush scrub, was located directly adjacent to the project. Coastal California
gnatcatcher is also known to occur in the project area. Although vegetation removal would not occur as a result of the projec t
and even though a nesting bird survey was recommended during the nesting season, with sensitive habitat and species known
to occur so close to the project, agency personnel were not comfortable that impacts would not occur to coastal California
gnatcatcher. In coordination with the Districts, the project wa s allowed to move forward with just the nesting bird survey as
long as a biologist with a permit to survey for coastal California gnatcatcher performed the survey to ensure that any coasta l
California gnatcatcher nests would be detected. Chambers Group con ducted the nesting bird survey and a coastal California
gnatcatcher nest was observed within 130 feet of one of the manholes.
La Rotunda Sewer Rehabilitation Project, Rancho Palos Verdes, Los Angeles County, CA
Chambers Group conducted a site assessment to analyze potential impacts for the
proposed repair of an exposed pipe. The project included the need for a staging area
and an access route to the work area. In order to minimize impacts and mitigation
costs for the project, Chambers Group recommended using an abandoned asphalt
parking lot for staging and recommended using the golf course path (concrete path)
as access to the work area. The habitat surrounding the exposed pipe, as well as
adjacent to the access route, consisted of high-quality sensitive vegetation
community of coastal sage scrub. This vegetation community was a restoration/mitigation site for the Trump Golf Course.
Focused plant surveys were performed for listed species with a potential to occur on the site.
Note: The following two projects are relevant project experience performed by Project Manager, Kelene Strain while working
at a firm prior to Chambers Group and do not have reference information.
Long Point Resort Program EIR, Rancho Palos Verdes, Los Angeles County, CA
Kelene Strain was the Environmental Planner on this project comprised a 400 -room
coastal resort hotel with a golf academy/practice facility in Rancho Palos Verdes. The
project also included 50 casitas, 32 villa units, conference center, a golf clubhouse,
related commercial uses, restaurants, public trails and park areas, coastal access
points, and natural open space and habitat areas. Key issues included impacts to
aesthetics, biological resources, land use, traffic and circulation, geology, hydrology,
cultural resources, and public health and safety. This coastal resort hotel and golf course project involved several complex
issues, including impacts to scenic views, traffic congestion, increased demand in water supply, impacts to sensitive scrub
habitat and sensitive species, conversion of public land to private ownership, impacts to an existing trail, and impacts
associated with runoff along coastal bluffs. For this project, Kelene assisted in the preparation of numerous sections of thi s
EIR, including aesthetics, geology and seismicity, public services and utilities, hydrology, and land use.
Relevance to the Portuguese Bend
Landslide Mitigation Project
Infrastructure Repair
Sensitive Habitat
Multi-Agency Coordination
Knowledge or Local
Conditions
Relevance to the Portuguese Bend
Landslide Mitigation Project
Infrastructure Repair
Sensitive Habitat
CEQA compliance
Knowledge or Local Conditions
Relevance to the Portuguese Bend
Landslide Mitigation Project
Environmental Documentation
Sensitive Habitat
Knowledge or Local Conditions
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Etiwanda Heights Neighborhood and Conservation Plan (EHNCP) EIR, Rancho Cucamonga,
San Bernardino County, CA
Kelene Strain was the Project Manager. The EHNCP Plan Area (Plan Area) is located
along the northeastern edge of Rancho Cucamonga (City). The 4,393-acre Plan Area
includes the 3,176-acre Upper Band and 1,217-acre Lower Band areas.
Approximately 305 acres located in the western edge and southeast corner of the
Plan Area are currently within the City, and the remaining 4,088 acres consists of
unincorporated area in the County of San Bernardin o within the City's Sphere of
Influence. The EHNCP Project would include the annexation of the portions of the Plan Areas not currently within the City
and the adoption of the EHNCP as a Specific Plan to create a framework to provide for the conservation o f additional open
space in the Rural Conservation Area (RCA) and development in the Neighborhood Area (NA). Roughly 3,565 acres of the Plan
Area would provide for conservation within the RCA and the northern NA, and roughly 828 acres of the NA would allow for
development as further detailed. The Plan would concentrate development in a pattern of compact, walkable new
neighborhoods in the NA and implement the City’s existing General Plan land use designations in the RCA. The Plan would
permit the development of up to 2,900 residential units and 180,000 square feet of neighborhood shops and restaurants in
the NA, along with a new K-8 School and other public facilities and limit development in the RCA to a maximum of 100 units
on privately owned property in the RCA. The Plan also includes a includes a Conservation Strategy & Transfer of Development
Rights Program to encourage and facilitate the conservation of privately -owned land in the RCA by allowing the voluntary
transfer of development rights from privately-owned property in the RCA to the NA. Through this program, the maximum
3,000 residential units allowed by the Plan could be developed in the NA.
Conflict of Interest Statement
Chambers Group and subconsultants: Vista Environmental, Leighton and Associates, Inc., KPFF, LLG, and Vision Scape have
no Conflicts of Interest to declare for performing any services required on this Project.
Project 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
NTP
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 Less
Technical studies will be prepared concurrent with the preparation of the Initial Study.
Example start date and end date: 5/1/2020 – 7/24/2020
Relevance to the Portuguese Bend
Landslide Mitigation Project
Open Space Conservation
Flooding / Hydrology
Landslide Issues
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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 and MMRP 4 Weeks
City Review of Final IS/MND, Response to Comment, and MMRP 1 Week
Notice of Determination 1 Week
Approximate Total 16 weeks or Less
Estimated Start and End date after preparation of the Initial Study: 5/1/2020 – 9/21/2020
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 NOA 2 Weeks
Public review period 45 Days
Respond to comments as appropriate and preparation of MMRP 3 Weeks
City review of response to comments and MMRP 2 Weeks
Prepare administrative Final EIR, MMRP, Findings of Fact, NOD, and Statement of
Overriding Considerations (if necessary)
2 Weeks
City review of administrative Final EIR, MMRP, Findings of Fact, NOD, and Statement
of Overriding Considerations (if necessary)
2 Weeks
Prepare Final EIR, MMRP, Findings of Fact, NOD, and Statement of Overriding
Considerations (if necessary)
2 Weeks
Approximate Total 32 Weeks or Less
Estimated Start and End date after preparation of the Initial Study: May 15, 2020 to December 31, 2020.
Please note: This timeline can be truncated if the NOP is released prior to completion or final technical studies.
Staff Availability
Staff availability has been provided in the table located in the List of Project Team Members section above.
List of Deliverables
Background
The Portuguese Bend Landslide began moving in 19 56, and continued land movement has resulted in significant
infrastructure dame to homes, utilities, and roadways. The City and its citizens are seeking to stabilize the PBLS to preserv e
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infrastructures, open lands, natural vegetation and recreational feat ures of the Palos Verdes Nature Preserve, reduction is
soil erosion loses, reduction in the cost of operation and maintenance of infrastructure, and health and safety concerns
related to the integrity of the surrounding road system, sewer system and other infrastructure.
Project Understanding
Construction Phase I -Surface Fracture Infilling
Surface fracture infilling will be performed during the first phase of construction. These existing fractures are a few feet wide
and some are as deep as 15 feet. The fractures intercept stormwater runoff where this water discharges into the ground. The
identified fractures should be infilled with a flowable/pumpable fly ash -based slurry. This is intended to eliminate storm
runoff from easily becoming part of the groundwater and is an important component in efforts to minimize landslide -related
ground movement.
Construction Phase II – Surface Water Improvements
Surface water improvements will be installed as indicated in Appendix A of the Project Design Package, which include the
following:
Engineered swales;
Flow reduction area;
Installation of new 36-inch-diameter pipe below Burma Road using trenchless techniques;
Removal and disposal of existing 36-inch-diameter plastic pipe south of Palos Verdes Drive South and replacement
with thick-walled fusion-welded plastic pipe;
Refurbishment (i.e., cleanout, lining with smooth polymeric material, and structural retrofit if needed) of existing 60-
inch-diameter pipe below Palos Verdes Drive South.
Construction Phase III – Groundwater Mitigation Drains (Hydraugers)
Hydraugers will be constructed below grade and designed to alleviate artesian water pressure underground in the PBLS area.
These will be installed horizontally, beneath the active movement zone of the landslide. The groundwater mitigation program
is planned to be implemented in three sub -phases, as discussed below. The sub-phases generally consist of: (i) preparatory
work and instrumentation; (ii) installation of up-gradient drains using horizontal drilling; and (iii) installation of down-gradient
drains using directional drilling. The pace and sequence of construction within each sub -phase is likely to require adjustment
based on field observations.
Project Approach
The City is seeking the following services:
Environmental Determination
Preparation of a Draft Initial Study, MND/EIR, Mitigation Monitoring Program (MMP), and supporting documentation,
as needed
Revise IS/MND/EIR and MMP, and Circulate Draft IS/MND/EIR and MMP
Preparation of a statement of overriding considerations, if necessary, attendance at public outreach, city council
subcommittee, and the city Council meetings. Also attend coordination meetings with City staff, Palos Verdes
Peninsula Land Conservancy staff, and other government agencies such as wildlife agencies and the California Coast
Commission.
Chambers Group can commence work on this Project as soon as we receive written Notice to Proceed. We will accomplish
the scope of work as described below. Based on the proposed activities and potential impacts of the Project, we have
provided the scope and cost in preparing either a Mitigated Negative Declaration or an Environmental Impact Report p ending
on the results of the technical studies, completion studies, and as directed by the City. The technical studies included are
based on the requirements provided by the City.
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Task 1 Project Initiation
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 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 t o
determine what additional data must be collected in support of the CEQA do cument being prepared. It is assumed that
Chambers Group can use these documents in the analysis of the proposed Project.
Task 1.2: Project Description
Chambers Group will develop a comprehensive description for the proposed 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 proposed Project, 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.
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 proposed 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 Materials Public Services
Air Quality Hydrology and Water Quality Recreation
Biological Resources Land Use and Planning Transportation
Cultural Resources Mandatory Findings of Significance Tribal Cultural Resources
Energy Mineral Resources Utilities and Service Systems
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 proposed 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.
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Task 3: Technical Studies and Support
Task 3.1 Air Quality, Energy, and Greenhouse Gas
Vista Environmental prepared this content to provide an Air Quality, Energy, and Greenhouse Gas (GHG) Emissions Report
pursuant to the City of Rancho Palos Verdes and South Coast Air Quality Management District (SCAQMD) rules and
requirements for the proposed Portuguese Bend Landslide Mitigation project (the “Project”). The Project consists of the
following three phases of improvements to the:
Phase 1 - Repair of Existing Ground Fractures;
Phase 2 – Installation of Surface Drainage Improvements; and
Phase 3 – Installation of below-grade hydraugers.
The effective of each phase will be examined to determine whether to proceed with t he 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.
Vista Environmental proposes to provide the following services segmented into tasks for this study effort:
Task 3.1.1. Air Quality, Energy, and GHG Emissions Report
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.
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 proposed Project utilizing the CalEEMod Model and construction assumptions provided by the applicant.
Compare the proposed 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 proposed 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 proposed
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 proposed Project
would only create nominal emissions from occasional maintenance truck trips, as such, operation of the proposed
Project would result in less than significant air quality impacts.
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Provide a qualitative odor analysis from construction and operation o f the proposed 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 proposed 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 proposed 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 proposed Project
would only create nominal emissions from occasional maintenance truck trips, as s uch, operation of the proposed
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 proposed Project and where possible, quantify the energy savings achieved through
implementing each rule and regulation. If the proposed 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 proposed
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 proposed Project
would only create nominal emissions from occasional maintenance tr uck trips, as such, operation of the proposed
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 proposed Project would conflict with the Climate Change Policies provided in City of Rancho Palos
Verdes General Plan, adopted September 2018 and provide responses of how the proposed Project would meet each
reduction measure. If necessary, develop mitigation to ensure the proposed 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 prepared this content to provide a Noise Impact Report pursuant to the City of Rancho Palos Verdes
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 threshold s of significance.
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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 proposed
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 proposed Project. Vista Environmental will use the roadway traffic
data provided in the Traffic Study prepared for the proposed 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 proposed Project would only
create nominal noise emissions from occasional maintenance truck trips, as such, operation of the proposed Project
would result in less than significant noise emissions.
Prepare a noise and vibration impact analysis documenting the results of t he study and provide responses to each of
the noise-related CEQA checklist questions.
Response to Comments
The proposed fee includes the 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
The proposed fee does not include attendance at public hearings/meetings, which may be required to secure approval of the
Project. If these are required and requested, attendance at meetings or hearings will be billed on a time -and-material basis.
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. Therefore, to keep costs low, 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 we re 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 proposed
project impact calculations. Therefore, Chambers Group will provide a more detailed vegetation map ping and habitat
assessments for the proposed 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
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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 Californi a
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) wi ll 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 af filiated 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 unde r
AB 52. An optional task to support the City with AB-52 consultation is included below.
Please note: 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 propo sed 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 P reservation. 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.
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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 lite rature
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 f or
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
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 require d.
Optional Tas 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 a s 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 fo ssil 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 th e
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, identification of project mitigation measures, and significance of impacts both before and after mitigation.
Task 3.6 Visual Simulations
The production of VisionScape’s highly accurate Visual Simulations are rooted in a systematic and scientific appr oach,
resulting in finished imagery that leaves little room for skewed interpretations. The objectivity of our approach and
methodology is what makes our simulations such a powerful and highly precise decision -making tool. VisionScape always
dedicates its necessary personnel and resources to ensure the successful performance of rendered services to each and every
project.
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 are
reviewed and approved by client and / or City & Agency staff. VisionScape coordinates the site photography and
schedules an initial site survey. This includes identification of reference points using GPS and Camera Match
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Technology, utilizing a highly accurate Trimble (Sub-Meter) GPS device and a “Full Frame” digital camera for
documenting coordinates at requested station points.
Accurate 3D Modeling: VisionScape develops 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 are then applied to the modeling.
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
LLG will provide consultation on thee three work efforts: 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 tea m
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. 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
Leighton Experience
The proposed Leighton and Associates, Inc.’s (Leighton’s) professional team members have completed numerous
geotechnical engineering and engineering geologic studies within and adjacent to the boundaries of the Portuguese Bend
Landslide Complex for over a half-century. Some of these projects have included investigations and remedial grading for the
Ocean Trails Landslide, an offshore investigation for a rock-revetment along the toe of the PBLS, and reports with
recommendations for remedial grading and monitoring designed to arrest landslide movement. Given our intimate
knowledge of the site, existing geologic hazards and history of chronic repair and maintenance issues, Leighton is confident
we are well-suited to perform the work outlined by the RFP.
Leighton Approach
Their approach for preparation of the CEQA-Level Geology/Soil elements, for inclusion in the IS of EIR documents, will
primarily be guided by the information provided in the Project RFP. The City of RPV will also benefit from the streamlined
relationship between Leighton and Chambers team members, in our history of successful CEQA document completion
together for other projects.
As an internal measure of Quality Control during our execution of the Project, Leighton will assign a Project Man ager 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:
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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 of RPV, contained within our 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 our assessment of environmental impacts relating to Geology
and Soil. The following will be part of our 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.
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. We would ask for electronic files of the analysis files from the consultants. During our work, we
would look for apparent deficiencies in the analysis and work, and we 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, we can attend various meetings, as needed.
Proposals for these optional services can be prepared upon request.
Exclusions:
Supplemental Data Collection/Fieldwork: No subsurface geotechnical investigation is proposed as part of this proposal.
Until such time that a thorough literature review, engineering analyses and other I S 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 the subject proposal.
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". Our 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) c ontaining 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 b y a qualified
environmental professional as defined in the ASTM E 1527 -13. Land use of immediately adjacent properties to the
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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
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 our 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 pho tographs, 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 are not included in this proposal. However, our Phase I ESA may identify environ mental
concerns that warrant additional study during the DEIR or other follow -on studies. Scopes and fees for such services would
be provided if/when deemed necessary based on actual conditions identified.
Task 4: Mitigated Negative Declaration Option
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 a Mitigated
Negative Declaration (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 prepa re 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 provid ed
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. We anticipate no more
than 20 comment letters with an average of five comments each (100 comments total) will be received and addressed. We
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expect 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.
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 proposed 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.
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 facto rs
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 Plannin g 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 ma p
of the project, salient environmental issues, and probable environmental effects of the project.
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. 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
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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 proposed 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 proposed Project.
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 as per CEQA guidelines. Three alternatives wil l 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 proposed 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 prep are all other
required CEQA 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 Distribution. 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 publi c
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/Distribute 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.
Chambers Group will distribute copies to the appropriate responsible and trustee ag encies, 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
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preparing response to comments. After approach is decided upon, Chambers Group will prepare a se t 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 10025 comment letters, with an average of five comments each (500125 comments total),
would be received and addressed. If more comments are received, additional costs would be required to address them. This
additional amount is detailed in the Cost Estimate for the Project.
Mitigation Monitoring 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 wordin g
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.
Findings of Fact (FOF) 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.
Task 6: Meetings and Public Hearings
The provided scope includes attendance of one public outreach, City Council subcomm ittee meeting, and City Council
Meeting to certify the environmental document and one community meeting. Up to three coordination and progress
meetings with the City staff, Palos Verdes Peninsula Land Conservancy Staff, and other government agencies such a s wildlife
agencies and the California Coastal Commission via teleconference are included in the scope. Internal progress meetings are
assumed to take no more than 1 hour. City Council and community meetings are assumed to take no more than 3 hours each.
Chambers Group will attend any other additional meetings requested by the City on a time -and-materials-basis.
Not to Exceed Fee
A Not-to-Exceed fee for services has been prepared and provided in a separate, sealed envelope as instructed in the Request
for Proposal.
The services described in each task for the EIR option will be performed on a lump sum fee basis. The costs to complete the
scope of work described above is $265,718.50 (this includes an additional $10,000 for responding to comments should the
number of comment letters exceed 100, or the number of comments exceed 500.
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RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/17/2019
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to accept and file the design drawings and hydrologic
analysis associated with Portuguese Bend Landslide Mitigation Project
RECOMMENDED COUNCIL ACTION:
(1) Accept and file the design drawings and hydrologic analysis associated with
Portuguese Bend Landslide Mitigation Project;
(2) Authorize Staff to proceed with preparing the environmental document pursuant
to the California Environmental Quality Act (CEQA) for the project including
requesting and receiving proposals as needed; and,
(3) Authorize Staff to identify funding opportunities for construction from county,
state, and federal agencies to augment local funds for consideration by the City
Council at a later date.
FISCAL IMPACT: The recommended action, if approved, will require funding for the
preparation of the environmental document since this is a new
project and funding for this Capital Improvement construction is not
included in the approved Fiscal Year 2019-20 budget. The cost to
prepare the environmental document is unknown at this time and
an additional appropriation will be brought to the City Council at a
later date when costs are identified as part of the professional
services agreement for the environmental consultant.
Amount Budgeted: $0
Additional Appropriation: $0
Account Number(s): 330-400-8304-8001 (CIP – Portuguese Bend Landslide/Professional Services)
ORIGINATED BY: Nasser Razepoor, PE, Associate Engineer
REVIEWED BY: Elias Sassoon, PE, Director of Public Works
APPROVED BY: Ara Mihranian, Interim City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Geotechnical Evaluation Report (page A-1)
B. Project Construction Cost Estimate (page B-1)
C. Background – August 7, 2019 City Council Staff Report (page C-1)
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D. NCCP/HCP - Acreage (page D-1)
BACKGROUND AND DISCUSSION:
On January 16, 2018, after a series of public workshops, Staff presented the City
Council with a draft copy of a feasibility study for extensive work to stabilize the
Portuguese Bend Landslide complex. The City Council received and filed the feasibility
study on August 7, 2018 as summarized in the attached staff report (Attachment C). On
December 18, 2018, the City Council approved the award of a professional services
agreement to Daniel B. Stephens & Associates, Inc. for design services associated with
the Portuguese Bend Landslide Mitigation Project. The scope of work included
hydrologic analysis, evaluation, and design for drainage and dewatering (hydraugers)
improvements in the Portuguese Bend Landslide area.
The design consultant has completed the hydrologic analysis and design drawings
associated with the project. Prior to completing the analysis and drawings, the City held
two public outreach meetings, which took place on May 29, 2019 and October 7, 2019.
At those meetings, the design consultant provided information regarding the hydrologic
analysis, water balance, and mitigation design. The consultant also participated in
discussions with residents and answered their questions. Staff reviewed the design
drawings and hydrologic analysis with the Palos Verdes Peninsula Land Conservancy
(PVPLC), Infrastructure Management Advisory Committee (IMAC) Landflow
Subcommittee, City Council subcommittee and interested members of the community to
receive input and comments for consideration in the project design.
The submitted report consists of the hydrology study, which includes the water balance
analysis and engineering plans recommending certain improvements intended to
significantly reduce land movement associated with the landslide. These proposed
improvements are categorized in three design components to occur in phases which
are: Phase I, the repair of existing ground fractures; Phase II, the installation of surface
drainage improvements; and Phase III, the installation of below-grade hydraugers. The
effectiveness of the each phase will be examined to determine whether to proceed with
next phase of the project. The following is a summary for each design component of
the Portuguese Bend Landslide Mitigation Project:
1. Design Components
Phase 1 - Repair of the Existing Fractures
Surface fractures (also known as fissures) in the Portuguese Bend area are the result of
land movement. These existing fractures are a few feet wide and some are as deep as
150 feet. The fractures intercept stormwater runoff where this water discharges into the
ground. The proposed mitigation improvements include filling these fractures with slurry
material that is easily placed in them. The slurry consists of 95-97% fly ash and 3-5%
cement. Fly ash is a fine powder that is a byproduct of burning pulverized coal in electric
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power-generating plants. It is inert and its use has been proven to be very safe in these
applications.
This will be the first phase of the project and is intended to eliminate storm runoff from
easily becoming part of the groundwater and is an important component in efforts to
minimize landslide-related ground movement. This construction of this phase could be
completed in approximately four months.
Phase II - Surface Drainage Improvements
The surface drainage improvements include the refurbishment of existing swales and
pipes, and construction of a reduction flow area, which essentially serves as a detention
basin near the bottom of the hill landward of Palos Verdes Drive South (PVDS)
(Attachment A - Appendix A). In summary, over the years, the existing swales have
eroded and the drainage pipes have clogged, resulting in inadequate performance. In
some areas, sections of the drainage pipes have been disconnected, displaced or are
missing. Further, as a direct result of landslide movement and land displacement, a few
low areas have formed. During rainfall events, stormwater runoff is trapped in these
areas. Since there is no outlet, the collected stormwater runoff creates ponds and
eventually, the water percolates into the ground and exasperates the landslide.
Over the years, Staff has learned that there is a direct correlation between water
percolating into the ground and landslide movements. In the case of the Abalone Cove
area, the installation of dewatering wells combined with the construction of a sanitary
sewer system to remove existing septic tanks, thereby minimizing the amount of water
seeping into ground, resulted in land movement in the area slowing significantly.
Therefore, a big component of this landslide mitigation project is to significantly reduce
surface water from percolating into the ground by establishing a functioning and
maintainable network of pipes and surface swales so that positive drainage can be
established.
The project will no longer result in stormwater ponding because runoff will be conveyed
through newly establish/refurbished pipes and swales to the ocean in a controlled
manner. The area where ponding most often occurs is just north of PVDS because the
roadway acts as a dam with respect to the stormwater runoff after a significant rainfall
event. It should be noted that the capacity of the existing 60-inch steel pipe under PVDS
is fairly limited, and it originally was recommended that four additional 60-inch pipes
under PVDS, extending to the ocean, be constructed in order to adequately convey the
quantity of stormwater runoff associated with a 100-year rainfall event. The construction
of four pipes would be a significant and costly undertaking. Thus, in order to minimize
costs, a flow reduction area (also known as a detention basin) is proposed to allow
stormwater runoff to be detained and released at a gradual rate through a controlled
outlet mechanism into the existing single, 60-inch diameter pipe under PVDS. A
Bentoliner blanket will be installed under this area to alleviate any water percolation.
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As part of this design, the existing pipe under Burma Road, which is completely clogged
and is no longer functioning properly, will be replaced with a new 36-inch pipe.
Additionally, the existing eroded surface swales will be repaired and in the areas where
runoff velocity is excessive, the swales will be lined with a GeoWeb material, which will
be filled with gravel and/or rock depending on the velocity of runoff. This will alleviate
erosion of these newly-repaired swales. It should be noted that no concrete will be used
in this stabilization method for strengthening the swales.
The design of this project was conducted with continuous public input. Surface swales
were modified to soften the impacts brought forward through the public input process
that are more in line with the surrounding setting of the Palos Verdes Nature Preserve.
Specifically, the original design of the swales was m odified and the use of natural
energy dissipaters has been incorporated into the design in favor of concrete armament.
Controlling the runoff and minimizing infiltration is required as a step toward lessening
ground movement associated with groundwater in this landslide. Similar to filling
fractures, the installation of the surface drainage features is an important design
component to minimize landslide-related ground movement. Accordingly, Staff
recommends installing the swales, pipes and flow reduction area as Phase II of the
project. This phase will follow sealing the fractures as a continuation of efforts to
successfully manage runoff, minimize infiltration, and convey cleaner water with less
velocity (and consequently, less erosion) to the ocean. Construction of this phase could
be completed in approximately 10 months.
Phase III - Below-Grade Hydraugers
Hydraugers, to be constructed below grade, are designed to alleviate artesian water
pressure underground in the Portuguese Bend Landslide area. Their function is similar
to vertical dewatering wells, but they are installed horizontally, beneath the active
movement zone of the landslide. The City’s consultant believes that vertical dewatering
wells are not sustainable in this area because of the land movement. The landslide is
active, with annual movement measured in feet, and consequently, vertical dewatering
wells shear quickly due to the land movement. Until this land movement is minimized,
vertical wells will continue to shear. The high rate of land movement in Portuguese
Bend has resulted in the rapid failure of vertical wells in the areas that will be targeted
with hydraugers.
The exact length, location and number of hydraugers that will be installed is unknown at
the moment, but generally are expected to run up to 1,200 feet in length and are
generally grouped in sets of 5 hydraugers per area. Moreover, the exact parameters for
accessing and staging the hydraugers will be determined during the environmental
review phase of the project, but the staging area measures approximately 100’ by 100’.
The general location of the hydraugers is shown on the plans, but these locations can
change somewhat to accommodate a minimized impact to the habitat located in the
City’s open space. The number of hydraugers to be installed will also be determined
during construction. The consultant is recommending beginning, as a pilot program, the
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hydrauger installation at location A2 (Attachment A – see Appendix A, Drawing No.11)
to intercept groundwater as it enters the landslide. The actual number of hydraugers
installed at this single location will depend on production of the first well. If the initial
hydrauger produces significant dewatering flow, perhaps all 5 hydraugers at this initial
location will be installed. The City’s consultant will evaluate information obtained during
the installation and guide the contractor to obtain favorable results on subsequent
hydraugers at this location. Accordingly, the exact number of hydraugers planned to be
installed is not easily determined. This process will be very dynamic and may require
modifications to previously assumed installation locations. That said, typical to most
environmental documents, a worst case scenario of total buildout will be examined to
estimate the scope of potential impacts.
This third phase of construction involves the installation of the hydraugers which will
follow the installation of surface drainage features. This phase of the project will only
proceed after an examination of Phases I and II to determine if further groundwater
removal is warranted to reduce land movement.
Based on the above, Staff recommends the City Council accept and file the design
drawings and hydrologic analysis associated with Portuguese Bend Landslide Mitigation
Project.
2. Environmental Document
The CEQA process must occur prior to commencing any work. Thus, if the City Council
accepts the design as described above, this essentially would be the defined project
description to be studied in the environmental document pursuant to CEQA. In order to
complete the CEQA process, a request for proposals (RFP) will be issued to
environmental consultants to prepare the appropriate environmental document. The City
Council will be asked to enter into a professional services agreement with the selected
consulting firm. Costs associated with preparing the environmental document will not be
known until proposals are received, at which time, the City Council will be asked to
appropriate the funds.
As part of the CEQA process, the public and other government agencies will be
engaged including, but not limited to, the U.S. Department of Fish and Wildlife and
California Department of Fish and Wildlife (Wildlife Agencies) and the California Coastal
Commission. Furthermore, through this process, project modifications may be needed
prior to obtaining the required permits. Lastly, the preparation of the environmental
document may take approximately one year.
3. Funding Options
A cost estimate (Attachment B) was prepared including all components of this design as
though they would be installed through a single project. However, it is recommended to
complete the various components of the project based on phases, as described above,
to evaluate the effectiveness of each phase prior to proceeding with the next phase, if
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warranted. The estimated costs associated with the proposed mitigation improvements
are itemized below based on either lump sum (LS) or each (Ea.) unit:
Improvement Unit Cost
Phase I
Fracture infilling LS $500,000
Subtotal $500,000
Phase II
New 36” pipe below Burma Road (trenchless installation) LS $500,000
Refurbishment of existing 60” pipe below PVDS LS $250,000
New surface swales, flow reduction area and incidental
drainage items
LS $2,750,000
Subtotal $3,500,000
Phase III
Horizontally-drilled hydraugers Ea. $350,000
Directionally-drilled hydraugers Ea. $500,000
The costs shown above are presented in order of the construction phasing
recommended by the consultant. A cost estimate was prepared including all
components of this design, which totals $21,000,000 (Attachment B). However, the
installation of all hydroaugers may not occur if Phases I and II prove to be effective
thereby significantly reducing the overall cost of the project.
In order to reduce costs borne by the City for this project which serves as a regional
benefit, Staff will continue to work with the City’s grant funding consultant in an effort to
locate and apply for grant funding that may be eligible for this project. Staff also believes
funding may be available from county, state, and federal agencies that could be used
for this project, as well as the following agencies and utilities who are impacted by the
current landslide movement:
Cal Water
Los Angeles County Sanitation District
Southern California Gas Company
Southern California Edison
Rep. Ted Lieu is aware of the need for this project. Staff will continue to work with his
office to secure any funding that may be or become available.
ADDITIONAL INFORMATION:
Septic Systems in the City of Rolling Hills
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According to the Portuguese Bend Feasibility Report, water from Rolling Hills’
residential septic system discharge may contribute, but is not exactly known, to pore
pressure above the landslide slip surface, but the impact below the landslide slip
surface is likely negligible due to the presence of the low hydraulic conductivity
Portuguese Tuff.
The City Manager’s office has been working with the Landslide Subcommittee (Mayor
Cruikshank and Councilman Dyda) and the City of Rolling Hills to address the issue of
groundwater generated through septic systems in their city. As a result of meetings
between representatives of the two city councils, Rolling Hills has agreed to fund half of
a feasibility study to determine if a connection between the septic systems in Rolling
Hills and the Abalone Cove Sewer System would be possible. Staff has retained a
consulting firm, NV5, to conduct the feasibility study and prepare the associated report.
Completion of this report is anticipated in February 2020.
Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP)
On November 19, 2019, the City Council adopted the final NCCP/HCP, which, among
other things, streamlines permitting for City projects, including the Portuguese Bend
Landslide Mitigation Project. The City is in the process of obtaining permits from the
Wildlife Agencies and anticipates permit approval in February 2020.
The NCCP/HCP permit allows habitat loss to occur for City projects (Attachment D).
The City project categories that may be covered under the Council-adopted NCCP/HCP
pertaining to Portuguese Bend Landslide Mitigation Project are: Dewatering W ells,
Landslide Abatement Measures, Misc. Drainage Repair in Landslide Areas, and Utility
Maintenance and Repair. According to Daniel B. Stephens, an initial estimate of the
work area to be impacted by the project consists of approximately 15.8 acres of coastal
sage scrub, 16.9 acres of grassland, and 5.7 acres of unrestricted vegetation/land
(developed, disturbed, etc.). Of these estimates, the following acreages are within the
Palos Verdes Nature Preserve: 11.9 acres of coastal sage scrub, 2.9 acres of
grassland, and 1.8 acres of unrestricted area. The initial estimates fall with the City’s
habitat loss allowances under the NCCP/HCP and will be further refined during the
preparation of the environmental document. City projects are subject to the Habitat
Impact Avoidance and Minimization Measures defined in Section 5.5 of the NCCP/HCP.
Timeline
The following flow chart has been prepared to visually describe the basic steps involved
prior to commencing project construction. The project is currently at the end of Step 3,
the design phase of the project (highlighted in yellow).
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If the City Council accepts the project design, the next step will be to complete the
environmental document pursuant to CEQA (Step 4) as described earlier in the staff
report, which may generally take approximately one year. Upon completing the
environmental document, the design will be finalized and brought back to the City
Council for final approval along with the environmental document (Step 5). Funding
sources will be required to build these improvements (Step 6) and once identified, the
project phasing can be established and solicitation for contractors’ proposals for
construction will begin (Step 7).
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative action is available for
the City Council’s consideration:
1. Discuss and provide recommendations on other options that may be
appropriate.
2. Direct Staff not to proceed with the Portuguese Bend Landslide Mitigation
Project.
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March 9, 2020
SUBJECT: REQUEST FOR PROPOSAL FOR THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS FOR PORTUGUESE BEND
LANDSLIDE MITIGATION PROJECT
The City of Rancho Palos Verdes is requesting proposals from qualified consulting firms
to provide professional services consisting of the preparation of Environmental
Documents in accordance with the California Environmental Quality Act (CEQA) for the
Portuguese Bend Landslide Mitigation Project . In summary, this 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. The
purpose of this letter is to provide you with the information needed to submit a proposal
for review by the City and, if selected, enter into a professional service agreement with
the City. Enclosed is a blank professional services agreement form for your review.
GENERAL BACKGROUND
The City of Rancho Palos Verdes was incorporated in 1973 and consists of a total ar ea
of about 13.6 square miles with 7.5 miles of coastline. Elevations range from sea level
to 1,480 feet. The population of the City is over 42,000 and the character of the
community is primarily residential with about 15,000 single family residences . The
Portuguese Bend Landslide Complex (PBLC) is located along the south section of the
Palos Verdes Peninsula within the City of Rancho Palos Verdes , and is considered the
largest fastest moving landslide in North America.
The Portuguese Bend Landslide began moving in 1956, and continued land movement
over the last several decades has resulted in significant infrastructure damage to
homes, utilities, and roadways. The leading drivers that have motivated the City and
citizens to strive to achieve stabilization of the PBLC have been preservation of
infrastructure, preservation of open lands, preservation of the natural vegetation and
recreational attributes of the Palos Verdes Nature Preserve (Preserve), reduction in soil
erosion loses, reduction in the cost of operation and maintenance of infrastructure, and
health and safety concerns related to the integrity of the key road system, the sewer
system, and other infrastructure.
As a result, the general public is very involved in this project, and as part of the CEQA
process, the public and other government agencies may be engaged including, but may
not be limited to, the U.S. Department of Fish and Wildlife and California Department of
Fish and Wildlife (Wildlife Agencies), and the California Coastal Commission.
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On November 19, 2019, the City Council adopted the final Natural Communities
Conservation Plan/Habitat Conservation Plan (NCCP/HCP), which, among other things,
streamlines permitting for City projects, including the Portuguese Bend Landslide
Mitigation Project. The NCCP/HCP permit allows habitat loss to occur for City projects.
The potential impact of Portuguese Bend Landslide mitigation solutions may be cove red
under the Council adopted NCCP/HCP. City projects are subject to the Habitat Impact
Avoidance and Minimization Measures defined in Section 5.5 of the NCCP/HCP. The
Council-adopted NCCP/HCP can be viewed at:
https://www.rpvca.gov/DocumentCenter/View/15546/FINAL-Rancho-Palos-Verdes-
NCCP-HCP-Post-Adoption
SCOPE OF WORK
Based on the potential impacts of this project, the City has determined that either a
Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) will be
required for this project.
The following items and elements are expected in the completion of the Environmental
Document for this project:
Environmental Determination
Prepare Draft Initial Study (IS), MND/EIR, Mitigation Monitoring Program (MMP),
and supporting documentation, as needed
Revise IS/MND/EIR and MMP, and Circulate Draft IS/MND/EIR and MMP
Prepare Response to Comments, a Final IS/MND/EIR and Final MMP
Prepare, if necessary, a Statement of Overriding Considerations
Attendance at public outreach, City Council subcommittee, and the City Council
Meetings. Also, attend coordination meetings with City Staff, Palos Verdes
Peninsula Land Conservancy Staff, and other government agencies such as
Wildlife Agencies and the California Coastal Commission.
The components of the project description are discussed below.
PROJECT DESCRIPTION
Site Description
The PBLC is located along the south section of the Palos Verdes Peninsula within the
City of Rancho Palos Verdes. The terminus of the active landslide complex, and
generally the southwest boundary of the PBLC is the Pacific Ocean. Enclosed Figure 1
displays the project regional site location, and Figure 2 is an aerial map of the extent of
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the PBLC and the Abalone Cove, Flying Triangle, and Klondike Canyon landslides that
are located adjacent to the PBLC. The total PBLC area is approximately 250 acres in
area. However, the area of land on which conditions that contribute to landslide
instability exist, is much greater (Figure 3 – Ancient Altamira Landslide Complex).
The site also includes Preserve land which will be impacted by this project.
Project Site History
The Portuguese Bend Landslide began moving in 1956. Several studies have been
performed including the most recent update to the Portuguese Bend Landslide
Feasibility Study. The Updated Feasibility Study (FS) incorporated environmental,
engineering, and hydro geologic work completed to address regional slope failure on
the greater Palos Verdes Peninsula. The FS was an update of the efforts completed
primarily in 1997 and 2000 that characterized the hydro geologic and geotechnical
conditions driving landslide activity and proposed a variety of various approaches and
technologies to abate slope failure in the PBLC. The City hired Daniel B. Stephens &
Associates, Inc. (DBS&A) to include public outreach and generate the FS. Following
extensive public outreach, the City Council received and filed the FS which is available
and could be viewed at: http://www.rpvca.gov/DocumentCenter/View/12275/FINAL-
Portuguese-Bend-Feasibility-Study---Presented-to-Council-20180807-PDF.
On December 18, 2018, the City Council approved the award of a professional services
agreement to Daniel B. Stephens & Associates, Inc. for design services associated with
the Portuguese Bend Landslide Mitigation Project. The scope of work included
hydrologic analysis/evaluation, water balance analysis, analyze and design repair plans
for sealing fractures, and design for drainage and dewatering (hydraugers)
improvements in the Portuguese Bend Landslide area.
The design consultant has completed the hydrologic analysis and design drawings
associated with the project. Prior to completing the analysis and drawings, the City held
two public outreach meetings, which took place on May 29, 2019 and October 7, 2019.
At those meetings, the design consultant provided information regarding the hydrologic
analysis, water balance, and mitigation design. The consultant also participated in
discussions with residents and has incorporated their recommendations in the design of
the improvements. The consultant work consists of the hydrology study, which includes
the water balance analysis and engineering plans recommending certain improvements
intended to significantly reduce land movement associated with the landslide. These
proposed improvements are categorized in three design components to occur in phases
which are:
Phase I, the repair of existing ground fractures;
Phase II, the installation of surface drainage improvements; and,
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Phase III, the installation of below-grade hydraugers.
The effectiveness of the each phase will be examined to determine whether t o proceed
with next phase of the project. The following is a summary for each design component
of the Portuguese Bend Landslide Mitigation Project:
PROPOSED PROJECT
Phase I - Repair of the Existing Fractures
Surface fractures (also known as fissures) in the Portuguese Bend area are the result of
land movement. These existing fractures are a few feet wide and some are as deep as
15 feet. The fractures intercept stormwater runoff where this water discharges into the
ground. The proposed mitigation improvements include filling these fractures with slurry
material that is easily placed in them. The slurry consists of 95-97% fly ash and 3-5%
cement. This will be the first phase of the project and is intended to eliminate storm
runoff from easily becoming part of the groundwater and is an important component in
efforts to minimize landslide-related ground movement. The construction of this phase
could be completed in approximately four months.
Phase II - Surface Drainage Improvements
The surface drainage improvements include the refurbishment of existing swales and
pipes, and construction of a reduction flow area, which essentially serves as a detention
basin near the bottom of the hill landward of Palos Verdes Drive South (PVDS). In
summary, over the years, the existing swales have eroded and the drainage pipes have
been dislodged by ground movement, and clogged, resulting in inadequate
performance. In most areas, sections of the drainage pipes have been disconnected,
displaced or are missing. Further, as a direct result of landslide movement and land
displacement, a few low areas have formed. During rainfall events, stormwater runoff is
trapped in these areas. Since there is no outlet, the collected stormwater runoff creates
ponds and eventually, the water pe rcolates into the ground and exasperates the
landslide.
The project will largely eliminate stormwater ponding because runoff will be conveyed
through newly establish/refurbished pipes and swales to the ocean in a c ontrolled
manner. Furthermore, a flow reduction area (also known as a detention basin) is
proposed to allow stormwater runoff to be detained and released at a gradual rate
through a controlled outlet mechanism into the existing single, 60 -inch pipe under
PVDS. A Bentoliner blanket will be installed under this area to alleviate any water
percolation.
As part of this design, the existing pipe under Burma Road, which is completely clogged
and is no longer functioning properly, will be replaced with a new 36 -inch pipe.
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Additionally, the existing eroded surface swales will be repaired and in the areas where
runoff velocity is excessive, the swales will be lined with a GeoWeb material, which will
be filled with gravel and/or rock depending on the velocity of runoff , as well as
vegetation. This will alleviate erosion of these newly-repaired swales. It should be noted
that no concrete will be used in this stabilization method for strengthening the swales.
The design of this project was conducted with continuous public input. Surface swales
were modified to soften the impacts brought forward through the public input process
that are more in line with the surrounding setting of the Palos Verdes Nature Preserve.
Specifically, the original design of the swales was modified and the use of natural
energy dissipaters has been incorporated into the design in favor of concrete armament.
Controlling the runoff and minimizing infiltration is required as a step toward lessening
ground movement associated with groundwater in this landslide. Similar to filling
fractures, the installation of the surface drainage features is an important design
component to minimize landslide-related ground movement. Accordingly, installing the
swales, pipes and flow reduction area will be Phase II of the project. This phase will
follow sealing the fractures as a continuation of efforts to successfully manage runoff,
minimize infiltration, and convey cleaner water with less velocity (and consequently, less
erosion) to the ocean. Construction of this phase could be completed in approximat ely
10 months.
Phase III - Below-Grade Hydraugers
Hydraugers, to be constructed below grade, are designed to alleviate artesian water
pressure underground in the Portuguese Bend Landslide area. Their function is similar
to vertical dewatering wells, but they are installed horizontally, beneath the active
movement zone of the landslide. The City’s consultant believes that vertical dewatering
wells are not sustainable at this time, in this area because of the land movement. The
landslide is active, with annual movement measured in feet, and consequently, vertical
dewatering wells shear quickly due to the land movement. Until this land movement is
minimized, vertical wells will continue to shear. The high rate of land movement in
Portuguese Bend has resulted in the rapid failure of vertical wells in the areas that will
be targeted with hydraugers.
Length, location and number of hydraugers that will be installed is unknown at the
moment, but they generally are expected to run up to 1,200 feet in length and are
generally grouped in sets of 5 hydraugers per outlet area. Moreover, the exact
parameters for accessing and staging the hydraugers will be determined during the
environmental review phase of the project, but the staging area measures
approximately 100’ by 100’. The general location of the hydraugers is shown on the
plans, but these locations and dimensions can change somewhat to accommodate a
minimized impact to the habitat located in the City’s open space. The number of
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hydraugers to be installed will also be determined during construction. The consultant is
recommending beginning, as a pilot program, the hydrauger installation at location A2,
as shown on Drawing No.11, Appendix A of the project design package, to intercept
groundwater as it enters the landslide. The actual number of hydraugers installed at this
single location will depend on production of the first well. If the initial hydrauger
produces significant dewatering flow, perhaps all 5 hydraugers at this initial location will
be installed. The City’s consultant will evaluate information obtained during the
installation and guide the contractor to obtain favorable results on subsequent
hydraugers at this location. Accordingly, the exact number of hydraugers planned to be
installed is not easily determined. This process will be very dynamic and may require
modifications to previously assumed installation locations. That said, typical to most
environmental documents, a worst case scenario of total buildout will be examined to
estimate the scope of potential impacts.
This third phase of construction involves the installation of the hydraugers which will
follow the installation of surface drainage features. This phase of the project will only
proceed after an examination of Phases I and II to determ ine if further groundwater
removal is warranted to reduce land movement.
The complete project design package and geotechnical evaluation report is available for
review on-line at: http://www.rpvca.gov/DocumentCenter/View/15316/Attachment -A---
Geotechnical-Evaluation-Report-page-A-1.
Required Environmental Document
The proposed drainage and dewatering design project will be subject to t he CEQA and
will therefore, require the preparation of either a Mitigated Negative Declaration (MND)
or Environmental Impact Report (EIR). The Consultant will prepare an Environmental
Assessment (EA)/Initial Study (IS) to evaluate whether the potential project impacts can
be classified such that they require a MND or whether a full EIR may be needed. Since
it is unknown at this time which will be the appropriate CEQA document, the
Consultant’s proposal shall include the scope and cost associated with each document.
Potential Environmental Impacts
In accordance to CEQA, the proposed project is anticipated to have a potential impact
on the environment, as follows:
Land Use and Relevant Planning
Aesthetics
Air Quality
Noise
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Geology
Hazards and Hazardous Material
Hydrology and Water Quality
Public Services and Utilities
Biological Resources
Cultural Resources
Any other applicable impact
A determination on the potential environmental impacts will be finalized based on the
preparation of an Initial Study.
Environmental Studies
In order to examine the level of potential impacts the project may have on the
surrounding environment, the following studies are anticipated to be prepared by the
selected environmental consultant:
Noise Study
Biological Assessment
Water Quality and Hydrology Study
Visual Simulations
Any other applicable study
PRELIMINARY PROJECT SCHEDULE
Due to the landslide’s potential impacts to the surrounding environment, particularly the
roadway and above-ground sewer line, the City proposes the following afressive
schedule for the preparation and review of the Environmental Document:
Month 1 Receive proposals from consultants and select consultant
Month 1/2 Award contract to selected consultant
Month 2 “kick-off” meeting with selected consultant
Month 2-4 Draft IS/MND/EIR and MMP completed
Month 4-6 Revise IS/MND/EIR and MMP, and Circulate Draft IS/MND/EIR and
MMP for 30 days
Month 6-8 Response to Comments, and Final Mitigation Monitoring Program and
Final IS/MND/EIR completed
Month 8/9 City Council presentation / acceptance
Please note that this schedule is provided emphasize the urgent nature of this project
and the City’s expectation to complete the CEQA document in a timely manner. The
ideal Consultant candidate will have available resou rces and personnel, either in-house
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or under subcontract, to ensure the preparation and completion of the MND or EIR in
accordance to this schedule.
FORM OF QUALIFICATIONS SUBMITTAL
The Consultant’s proposal must include the following information:
Resumes of individuals to be assigned to provide the services requested with
emphasis on similar services, which they provided to other agencies.
The names of the Consultant’s personnel who are to be involved, their titles, and
hourly rates for their services.
Consultant’s experience with recent projects of similar scope, including
references with contact person and telephone number.
A statement of any possible conflict of interest the consultant may have in
providing the requested services.
Detailed schedule for completion of the documentation.
Availability of Staff working on this project.
List of deliverables to City, including number of copies.
A not-to-exceed fee for the services to be provided based on the above
information, and current fee schedule for each job classification submitted in a
separate, sealed envelope. The fee shall be broken down by tasks and sub-
tasks as appropriate and shall include miscellaneous costs such as travel time
and mileage, duplication, etc., and the mark-up for reimbursable expenses. The
fee should be as specific as possible minimizing variable costs to the greatest
degree possible. The City reserves the right to eliminate any tasks from the
scope of work, and reduce the not-to-exceed amount by the cost of the task
eliminated.
The submitted information shall not exceed 20 pages.
Insurance Requirements
The City of Rancho Palos Verdes will require the firm selected to provide insurance, and
proof thereof as follows:
Worker’s Compensation Liability
- $1 million limit
Comprehensive General Liability
- $1 million each occurrence
- $2 million aggregate
Professional Liability
- $1 million each occurrence
- $2 million aggregate
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Comprehensive Automobile
- $1 million each occurrence
Pre-Submittal Meeting
The City will conduct a pre-submittal meeting on Tuesday March 24, 2020 at 1:30 pm,
at the City Hall Community Room, 30940 Hawthorne Boulevard, Rancho Palos Verdes,
CA 90275. The intent of this meeting is to provide answers to any questions regarding
the project. It is highly recommended that the prospective consultant firms visit the site
prior to this meeting.
Requests for Clarification
Requests for clarification of the information contained herein shall be submitted in
writing prior to 1:30 pm on Tuesday March 24, 2020. Responses to any clarification
questions will be provided to each group from which proposals have been requested.
Such requests for clarification should be kept to a minimum due to the short response
time for proposals.
Delivery of Proposal
Three copies of the proposal shall be delivered no later than 4:30 pm on Tuesday
April 7, 2020 to the Public Works Department, City of Rancho Palos Verdes, 30940
Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, Attn: Elias Sassoon, PE,
Director
Discretion
The City reserves the right to reject any or all proposals or to request and obtain, from
one or more of the consulting firms, supplementary information as may be necessary for
City staff to analyze the proposal pursuant to the consultant selection criteria.
The City may require consultants to participate in interviews or additional rounds of
more refined submittals before the ultimate selections of a consultant team are made.
These rounds could encompass revisions of the submittal criteria in response to the
nature and scope of the initial proposals.
The Consultant, by submitting a response to this Request for Proposals (RFP), waives
all right to protest or seek any legal remedies whatsoever regarding any aspect of this
RFP. The City may choose to interview one or more of the firms responding to this RFP.
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If you have any questions, please contact Nasser Razepoor at (310) 544-5307 or via e-
mail at nrazepoor@rpvca.gov.
Sincerely,
Nasser Razepoor, PE
Associate Engineer
cc: Elias Sassoon, PE, Director of Public Works
File
Enclosure: Professional Services Agreement Form
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