EcoTierra Consulting Inc - FY2022-012CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
ECOTIERRA CONSULTING, INC.
01203.0001/734828.3
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
ECOTIERRA CONSULTING, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into on ~~~'m'£~Y ?, , 2021, by and between the CITY OF RANCHO
PALOS VERDES, a California municipal corporation ("City") and ECOTIERRA
CONSULTING, INC., a California corporation ("Consultant"). 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, the performance of the
services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal 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", as stated in the Proposal, attached
hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein
as the "services" or "work" hereunder. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that it has the qualifications, experience, and
facilities necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
01203.0001/734828.3
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 Proposal 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 oflndustrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job
site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with
and be bound by the provisions of Labor Code Sections 177 4 and 177 5 concerning the payment
01203.0001/734828.3 2
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 $200 (two hundred dollars) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractoi,
( d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
( e) Apprentices. Consultant shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 60 (sixty) 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 8 (eight) 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 lo the City, forfeit $25 (twenty five dollars) 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 8 ( eight) hours in any one calendar day and 40 (forty) 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 8
(eight) hours per day, and 40 (forty) 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 1 ½
(one and one half) 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 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
01203.0001/734828.3 3
comply with such provisions before commencing the performance of the work of
this contract."
Consultant's Authorized Initials ~ C,11:;-
(i) Consultant's Responsibility for Subcontractors. For every subcontractor
who will perfonn work under this Agreement, Consultant shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 ( commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant's performance of the services required by this Agreement, and shall
indemnify, defend and hold hannless 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 perfonned, and (iii) fully understands the facilities, difficulties and
restrictions attending perfonnance 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 infonn
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer in the form of a Change Order.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or daniages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
01203.0001/734828.3 4
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 Change 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 15% of the Contract
Sum; or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract
Officer through a written Change Order. Any greater increases, taken either separately or
cumulatively, must be approved by the City Council. It is expressly understood by Consultant
that the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided
pursuant to the Scope of Services may be more costly or time consuming than Consultant
anticipates and that Consultant shall not be entitled to additional compensation therefor. City
may in its sole and absolute discretion have similar work done by other Consultants. No claims
for an increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
If in the performance of the contract scope, the Consultant becomes aware of material defects in
the scope, duration or span of the contract or the Consultant becomes aware of extenuating
circumstance that will or could prevent the completion of the contract, on time or on budget, the
Consultant shall inform the Contracting Officer of an anticipated Change Order. This proposed
change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs
and proposed schedule impacts.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any
other provisions of this Agreement, the provisions of Exhibit "B" shall govern.
01203.0001/734828.3 5
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 $295,235 (Two Hundred Ninety Five Thousand Two
Hundred Thirty Five Dollars) (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; (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,
and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the
Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performam:e of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, using the City template,
or in a format acceptable to the City, for all work performed and expenses incurred during the
preceding month in a form approved by City's Director of Finance. By submitting an invoice for
payment under this Agreement, Consultant is certifying compliance with all provisions of the
Agreement. The invoice shall detail charges for all necessary and actual expenses by the
following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-
contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant
shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within 45 (forty-five) days of receipt of Consultant's correct and
01203.0001/734828.3 6
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer through a Change
Order, but not exceeding 90 (ninety) days cumulatively.
3.3 Force Majcurc.
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 10 (ten) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to this Section.
01203.0001/734828.3 7
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one year
from the date hereof, except as otherwise provided in the Schedule of Perfonnance (Exhibit
"D"). The City may, in its discretion, extend the Term by one (1) additional one-year tenn.
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:
Principal/President
Principal/CFO
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 the personnel included in the Proposal 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 perfonn 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. City shall have the right to approve or reject any proposed replacement
personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
01203.0001/734828.3 8
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 Ken Rukavina, Director of Community Development or
such person as may be designated by the City Manager. It shall be the Consultant's responsibility
to assure that the Contract Officer is kept informed of the progress of the performance of the
services and the Consultant shall refer any decisions which must be made by City to the Contract
Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer. The Contract Officer shall have authority, if specified in
writing by the City Manager, to sign all documents on behalf of the City required hereunder to
carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Consultant, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Consultant's employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Consultant shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of 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; all subcontractors included
in the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein
may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation
of law, whether for the benefit of creditors or otherwise, without the prior written approval of
City. Transfers restricted hereunder shall include the transfer to any person or group of persons
acting in concert of more than 25% (twenty five percent) of the present ownership and/or control
of Consultant, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Consultant or any surety of Consultant of any liability
hereunder without the express consent of City.
01203.0001/734828.3 9
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant's indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO "insured contract" language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers' compensation insurance. Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at
least $1,000,000).
( e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(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
0!203.0001/734828.3 10
approved by City's Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives, employees or subconsultants.
( c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or
be endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City's own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain and continuously maintain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders' Rating of A-(or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by
the City's Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant 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 prov1s1ons (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
01203.0001/734828.3 11
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for
nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(I) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer's limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is hrought 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. 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 90 (ninety) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation.
( o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
01203.0001/734828.3 12
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
( q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, 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
01203.0001/734828.3 13
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.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
01203.0001/734828.3 14
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have t,he 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 the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
nnoer this Agreement. Response to a subpoena or court order shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
( d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
01203.0001/734828.3 15
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 15 (fifteen) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
01203.0001/734828.3 16
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7 .6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for tennination for cause. The City ri,;Si,;fV(.;S tl1(.; right to terminate this
Contract at any time, ,;\.rith or without cause, upon 30 (thirty) c:fays' 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. 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. 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 of termination without cause pursuant to this Section, the City need not provide the
Consultant with the opportunity to cure pursuant to Section 7 .2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this
Agreement:
(a) 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
0!203.0001/734828.3 17
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
(b) Consultant may, after compliance with the provisions of Section 7 .2, terminate the
Agreement upon written notice to the City's Contract Officer. Consultant shall be entitled to
payment for all work performed up to the date of termination.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
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 Agn:ement.
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.
01203.0001/734828.3 18
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 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 desin:s or is required to give Lo the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
01203.0001/734828.3 19
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirecLly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant's Authorized Initials ---
01203.0001/734828.3 20
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
01203.0001/734828.3 21
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
ATTEST:
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
~Q.~-
Eric Alegria, Meyof
CONSULTANT:
By :_c~·~-~---~~" __ -
Curtis Zacuto
Presiden
By:_---'--=--=---..,a,....;.------
Craig Fajnor
CFO
Address: 633 W 5th Street, FL 26
Los Angeles CA 90071
Two corporate officer signatures required when Consultant is a corporation, with one signature 1·equired
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. CONSULT ANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTEST A TIO NS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
0l 203.0001/734828.3 22
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Ono q ; o,:J, '2021 befo&1m~ftekhari -Nota~ feYBU21y appeared(f.&-t,;/2·,; 2de;u;..fuPfOVed 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. );J<N=.......,"MNW',.-.v.-,N;N',NN,MN,!'N\/W\ll.'V',N','1MMl'.Ml'N.!:.
~ ~ ~ H. EFTEKHARI :: ~ COMMISSION 1/2298804 ::
:i NOTARY PUBLIC • CALIFORNIA Q
c3 .. ; LOS ANGEL[S COUNTY S:
WITNESS my hand and official seal.
~ if Commission Expires AUGUST 22, 2023 ~
~ . ::
--,, :-
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
□ □ □ □ □ □
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PAR TNER(S) 0 LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER ___________ _
SIGNER IS REPRESENTING:
(NAME OF.;:E~S~) OR ENTITY(IES))
01203.0001/734828.3
DESCRIPTION OF ATTACHED DOCUMENT
. TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
II~. C· •. I , c."" . . L ?.i :,;. ·17&-Rp,J MRA.·-Jffl\OlvYfiW LfzA , Fi:ywo,:;c Onc...k'PTtfl'll'J',.~ 2021 before me, Y , personally appeared I& , proved to me on
the basis of satisfactory evidence to be the persony1 whose namesyi1 is/~ subscribed to the within instrument and
ackno;Vle~ged to me that he/~/~y executed the same in his!1)li.·/}l'eir authorized capacity~), and that by
hisf¥r/t~ir ~ignaturej.,ef on the instrument the personpef, or the entity upon behalf of which the person(s) acted,
executed the mstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
TONY TIGRAN KARA-SIMONVAN
Notary Public · California ~
Los Angeles County !
.I' Commission// 2264183
0 • My Comm. Expires Nov 20, 2022
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
0 INDIVIDUAL
0 CORPORA TE OFFICER
□ □ □ □ □ □
TITLE(S)
PARTNER(S) 0 LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER __________ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
0l 203.0001/734828.3
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide environmental consulting services for the 6001 Palos Verdes Drive South
(The Point View Property) Project (the "Project") for the City. The Project Site is a 94-acre area
which includes the development of a subdivision to create 37 single-family lots, one estate lot, 11
landscape lots, 6 private street lots, and one lot for a detention basin.
Task 1: Project Initiation/ Data Collection
Task 1a: Data Collection
The proposed project manager and other members of the EcoTierra team (as needed) will attend a kickoff meeting
with City staff (and project applicant if invited by the City). Under COVID-19, this meeting can be conducted via
Zoom or other electronic means. The purposes of this meeting are to introduce the staff/team to City staff; collect
all relevant reports and drawings (or identify relevant documents needed); discuss the desired environmental
document format; resolve issues regarding overall assumptions; identify other key contacts at the City; and discuss
communications protocols.
To enable EcoTierra to proceed, the following information (to the extent available) should be provided by the City
to clearly define the project description and conduct the environmental analysis
■ Project building and site plans;
■ Basic parameters regarding the project
buildings including square footage, building
height and room count;
■ Access points;
■ Circulation plans;
■ Building elevations;
■ Landscape plans;
■ Construction schedule;
■ Grading and demolition parameters;
■ Geotechnical Study;
■ Phase I Environmental Site Assessment;
■ Lighting plans (if available);
■ Existing and Proposed Hydrology and
Drainage Report;
■ Visual Simulations (if available); and
■ Off-site improvements.
This task will also include a site visit to: 1) document in photographs the existing condition of the sites and
surrounding areas; 2) conduct a land use survey of the surrounding uses; and 3) document existing major noise
sources in the vicinity of each site. Additionally, this task would involve collecting data from public agencies (e.g.,
fire, police, schools, etc.) for new information and identification of potential impacts of the project on their
agencies.
As required by State law, the City will reach out independently to Native American tribes in compliance with the
requirements of AB 52 and SB 18. This EIR will document and summarize the consultation process, discussion and
the results of the outreach/discussion.
Deliverables:
■ Kick-off Meeting; Data Collection.
Task lb: Project Description
Because the project description is the basi s for analyzing the environmental impacts of the Project and identifying
appropriate mitigation measures, it is important to prepare the project description as early in the environmental
review process as possible. EcoTierra will review all relevant project description materials and prepare a
preliminary version of the project description that will be used in the environmental document. The project
description will include discussions of the following:
• Description of the existing environmental setting, including the Project Site's regional and local location .
• Project characteristics, including but not limited to: description of the site plan; building design
characteristics; landscaping; access circulation, and parking; utilities and infrastructure; stormwater
management; grading and excavation; construction and construction schedule.
• Related projects (cumulative development) assumptions .
• A list of required approvals.
Following approval of the draft project description, we will prepare a final project description for use in the
environmental document.
Deliverables:
■ Administrative Draft Project De scription.
Task 2: Review and Prepare Technical Studies
EcoTierra staff will review all available documentation related to the Project. We will notify the City of any
additional data need s to complete the environmental analysis. EcoTierra will review the project applicant-
prepared technical studies (e.g., Phase I Environmental Site Assessment for the site, Geotechnical Reports for the
site, Hydrological/Water Quality data/reports for the site) for completeness and adequacy under CEQA and to
ensure t hat the reports have sufficient information for us to use for analysis in the environmental documents (e .g.,
Hazards/Hazardous Materials, Geotechnical, Hydrology/Water Quality sections). Please note: This will not be a
technical peer review of the substance ofthese reports. If the CEQA review identifies inadequacies, we will notify
the City as soon as possible so that the applicant can supplement the reports . If it has been determined that the
reports are adequate, we will notify the City that the reports are adequate for use in preparing the environmental
document. Notification will consist of a memorandum submitted to the City summarizing the results of our
review.
EcoTierra will prepare Air Quality, Greenhouse Gas Emissions, and Noise technical studies. In addition, EcoTierra
will prepare an Energy Impact Analysis. EcoTierra has teamed with SWCA to prepare the Visual, Biological,
Cultural, and Paleontological technical studies, and Gibson to prepare the Traffic/Transportation Analysis
technical study.
Deliverables:
■ Technical Reports: Air Quality/Greenhouse Gas/Energy Study; Noise Impact Study, Visual Study, Biological
Study, Cultural Study, Paleontological Study; and Traffic Study submitted to City for review.
The work scopes for these technical studies would include the following:
Air Quality and Greenhouse Gas Emissions, Energy Impact Analysis
The following tasks are anticipated to be required for the air quality and greenhouse gas emissions, and energy
impact analyses:
Task 1 ExistingConditions
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Identify the existing air quality setting in the area.
Identify greenhouse gases and their associated impacts to global climatechange.
Identify thresholds of significance for the criteria pollutants and greenhouse gases.
Task 2 Air Quality and Greenhouse Gas Emissions Analyses
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Evaluate and quantify regional criteria pollutant and greenhouse gas emissions associated with demolition
and construction activities for the Project utilizing the most recent CalEEMod Model. 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 demolition and construction emissions at the nearest sensitive
receptors. The emissions will be compared against the SCAQMD Look-Up Tables and will follow the
methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, July
2008.
Evaluate and quantify regional criteria pollulanl and GHG emissions i!SSociated with the removal of the
existing uses and the operations of the Project utilizing the CalEEMod Model. All feasible mitigation will
be identified and quantified through use of the CalEEMod Model.
If the traffic study is available and the data deems it necessary, prepare a micro-scale CO screening analysis
of the study area intersections based on the traffic data prepared for the Project and verify if it is in
accordance with the SCAQMD requirements as described in the CEQA Air Quality Handbook.
■ The project's air quality emissions and anticipated growth will be analyzed in the context of the SCAQMD
AQMP to determine consistency with the AQMP.
■ Evaluate the operational greenhouse gas emissions using CalEEMod 2016.3.2. The Project's emissions will
be compared to the City's per person GHG efficiency thresholds (per the Rancho Palos Verdes Climate
Action Plan). If the greenhouse gas emissions exceed any applicable thresholds, provide mitigation to
reduce the greenhouse gas emissions.
• The project will be compared to the goals/policies/reduction strategies of the City of Rancho Palos Verdes
Climate Action Plan.
Task 3 Odor Analysis
■ Provide a qualitative odor analysis from the construction and operation of the Project.
Task 4 Energy ImpactAnalysis
• Identify the existing energy use conditions and the applicable federal, state, and local rules and regulations
pertaining to Energy use.
■ The energy analysis will provide a CalEEMod-based quantitative analysis and discussion of project-related
energy use during construction and operation.
■ Provide an analysis of the Project's consistency with renewable energy and energy efficiency plans.
Task 5 Technical Report
■ Prepare an air quality, greenhouse gas (GHG), and energy impact analysis report summarizing the results
of the previous work tasks.
Noise and Acoustic Study
EcoTierra will prepare the Noise and Acoustic Study. The following tasks are anticipated to be required for the
Noise and Acoustic Study:
Task 1 Background Review
■ Review relevant project and site background information, base graphics showing the site vicinity, the
Project and adjacent land uses.
Task 2 NoiseSetting
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Provide definitions for commonly used noise descriptors.
Identify applicable local, state and federal noise standards.
Identify sensitive receptors in the project area.
Identify potential project generated noise sources.
Visit the Project Site and take up to six 10-minute representative noise measurements to document
ambient noise levels.
Task 3 Noise Impacts
Construction Noise and Vibration Impacts
■ Calculate construction noise impacts from the project using RCNM-based calculations and determine if
noise would exceed any applicable standards at nearby sensitive receptors.
■ Estimate groundborne vibration associated with construction activities, determine if construction
vibration would exceed any applicable standards, adversely affect on-site and nearby historical resources,
or disturb nearby sensitive receptors.
Traffic Noise Impacts from the Project
■ Model future traffic noise created by the Project utilizing FHWA-RD-108 spreadsheets. Determine if noise
associated with the addition of project traffic on area road segments will create an impact at any existing
sensitive receptors.
Operational Noise
■ Model/calculate operational noise and determine if operational noise associated with the Project i.e.,
mechanical equipment, parking structure activities, etc. would exceed applicable City noise standards at
closest sensitive receptors.
Airport Noise
Assess whether the Project will be impacted by airport-related noise impacts.
Task 4 Mitigation
• Recommend mitigation measures to reduce noise and/or vibration impacts sensitive receptors, if
necessary.
Task 5 Technical Report
• Provide a detailed written analysis within a technical report that documents the existing noise
environment; predicts the future noise environment; and discusses project noise impacts in light of the
applicable local, state and federal thresholds and list mitigation measures as necessary.
Visual Assessment
SWCA will prepare the Visual Assessment for the Project. The following tasks are anticipated to be required for
the analysis:
Task 1 -Visual Assessment
The visual resource (also referred to as aesthetics) assessment and subsequent technical memorandum is
designed to identify visually sensitive landscapes and to identify proposed project features or ongoing proposed
project operations that have the potential to impact the aesthetics of nearby areas. Assessment for visual impacts
on potentially visually sensitive landscape will be verified, and a specific sensitive resource has been identified
near the proposed project as a key observation point (KOP), Wayfarers Chapel, a listed National Historic
Preservation Act (NHPA) site. The goals of the visual resource analysis are to assess the change and potential
effects to the overall visual landscape.
Impacts to visual resources from the proposed project will assess the magnitude of change to the landscape
character and scenic quality, as well as the potential effects to the views from KOPs based on the proposed project
design features within a defined analysis area.
The visual resources analysis and subsequent technical report are designed to identify visually sensitive landscapes
and proposed project features or ongoing proposed project operations that have the potential to affect visually
sensitive landscapes within the area . The goals of the visual resources analysis are as follows:
1. define analysis area ;:ind locations from where the proposed project may be visible;
2. locate sensitive viewing locations (KOPs) from which the proposed project may be viewed (including 1
previously determined KOP);
3. describe existing visual resources (i.e., values identified in relevant plans) within the analysis area to identify
impacts to visual values resulting from the introduction of project components (e.g., acres of change in scenic
quality);
4. document the degree of visual contrast of proposed project components within the existing landscape from
KOPs; and
5. develop supporting simulations from each KOP to aid in substantiatingfindings.
PHOTOREALISTIC SIMULATIONS
Using geographic information system (GIS) modeling technologies, SWCA will complete viewshed analyses to
provide a general sense of the proposed project visibility within 2-miles. This analysis is based on "bare earth"
visibility, which reflects the worst-case scenario in determining visibility. The viewshed analyses will model and
illustrate areas in the landscape that would potentially have views of the proposed project. Photographs of the
proposed project site and existing conditions will be captured at up -to 6 KOPs to document the project site and
surrounding context for use in the development of photorealistic simulations and subsequent analysis .
SWCA will create a single panoramic photo from site photos to represent the viewer perspective from each KOP,
which will include the proposed project site and surrounding context.
SWCA will develop one representative photorealistic simulations of the proposed project as viewed from the
identified KOPs based on architectural and engineering drawings provided by the applicant in either AutoCAD or
geographic information system (GIS)-based software.
Simulations will combine computer-generated images of the proposed Project components (e.g., roads, buildings,
fences, structures etc.) that are the equivalent dimensions of those proposed, with photographs taken from the
KOPs. Detailed project information provided by the applicant will aid in the simulated location of structures,
heights, project features materiality associated with the proposed project site.
Based on one set of consolidated comments, to include reconciliation of any conflicting comments, SWCA will
incorporate comments received and finalize the photographic simulations for incorporation into the draft
technical memo.
VISUAL RESOURCES TECHNICAL MEMO
All data and information gathered in the above tasks will be used for analysis purposes and included in the Visual
Resources Technical Memo. The memo will outline the background for visual resources impact methodology,
including explanation of significance criteria as defined by CEQA and other regulatory or local visual guidance, as
applicable; proposed project description; study area definition; local baseline conditions; analysis of potential
impacts; and any necessary mitigation measures to minimize impacts to aesthetics.
The results of the photorealistic simulations and observed conditions will be considered for potential impact as
they relate to:
• Visual Quality
• Viewer Types and Volumes
• Viewer Exposure
• Visual Sensitivity
Combining each individual viewing platform's results, an overall visual impact will be determined based on the
proposed project's anticipated "Degree of Visual Change:"
• Visual contrast
• Project dominance
• View Blockage
The visual technical memo will compare baseline conditions with the project features as proposed and subsequent
simulations and will identify any potential impacts based on the CEQA Appendix G checklist criteria and any other
relevant planning documents. The evaluation will include all proposed structures and site amenities, vegetation
removal, roads, grading and earthwork, utilities and conveyance systems, lighting, revegetation, landscaping, and
other improvements for their complete effect on all views.
SWCA visual resource specialists will provide qualitative impact analysis. The technical memo will include
recommendations for the significance criteria.
ASSUMPTIONS
1. Up to six KOPs are included.
2. Six simulations are included.
3. The applicant will provide design and visual mitigation features identified as part of the proposed project.
4. The applicant will provide electronic design files as dwg (CAD) or shapefiles of the proposed project features,
project limits, and other information as requested and will be available to aid in the development of
simulations .
5. A night skies analysis is not included as part ofthis scope of services.
6. No glare studies will be included in this evaluation.
7. Two rounds of review are included for the City: draft simulations and draft memo.
Biological Resources Assessment
SWCA will prepare the Biological Resources Assessment for the Project. The following tasks are anticipated to be
required for the analysis:
Task 1 -Biological Resources Assessment
The Project Site is adjacent to the City's proposed NCPP/HCP, which is currently under litigation. As such, the
biological analysis will consider two scenarios: Project development as proposed with and without the provisions
of the NCPP/HCP. Additionally, the City owns an approximately 30 -acre parcel adjacent to the Project Site. That
land may be utilized for biological mitigation for the Project.
TASK 1.1. BACKGROUND RESEARCH/LITERATURE REVIEW
SWCA will review databases and literature to determine previously identified special status biological resources
that could occur on or in the immediate vicinity of the Project Site. Specifically we will review resource occurrence
records in the California Natural Diversity Database (CNDDB) and the California Native Plant Society's (CNPS) Rare
Plant Inventory (Inventory), U.S. Fish and Wildlife Service (USFWS) species lists and critical habitat maps, eBird,
aerial imagery, vegetation, and land-use mapping, USFWS National Wetland Inventory (NWI) data, surface water
data, and Natural Resource Conservation Service (NRCS) Soil Surveys. A preliminary vegetation map will be
prepared in the office through aerial photo interpretation for subsequent field verification. The NCPP/HCP will be
reviewed to understand existing resource conditions and to identify survey requirements .
We understand that the NCPP/HCP is under litigation. As such, we will provide a regulatory summary both under
the NCP/HCP and without it.
TASK 1.2. FIELD SURVEY
Two SWCA biologists will conduct flora and fauna surveys of the 94-acre project area. This team will include one
botanist and one wildlife biologist. Comprehensive lists of identified species will be compiled, and the preliminary
vegetation map prepared in the office will be refined. We will search for special status species and/or habitats
identified during the literature search task. If present, such species will be mapped using GPS equipment with sub -
meter accuracy and photo documented.
Coastal California Gnatcatcher Protocol Surveys
The coastal California gnatcatcher (Polioptila californica ssp. californica ) was listed as threatened by the U.S. Fish
and Wildlife Service in 1993 (USFWS 1993). This small songbird in areas with gentle slopes with semi -open coastal
sage scrub with dominated or co-dominated by California sagebrush (Artemisia californica). SWCA discovered
numerous recent records on both CNDDB and eBird for this gnatcatcher near the subject property.
In accordance with the City's Request for Proposal, SWCA proposes two alternate scopes for the gnatcatcher field
survey, as defined below. The cost estimate provided in Table 1 lists each separately.
NCCP Protocol: For surveys conducted from February 15 and August 30, a minimum of 3 surveys shall be
conducted at least one week apart, to determine presence/absence of coastal California gnatcatchers. Whenever
possible, additional surveys should be conducted. Any deviation from this protocol will require concurrence from
the US Fish & Wildlife Service (FWS).
Standard Non -Breed ing Season FWS Survey Protocol: For surveys conducted from July 1 through March 14, a
minimum of 9 surveys shall be conducted at least two weeks apart.
TASK 1.3. BIOLOGICAL TECHNICAL REPORT
The Biological Technical Report will document the existing conditions, provide an impact analysis, and recommend
mitigation measures and compliance under the NCPP/HCP and without the NCPP/HCP. Specifically, the report will
include:
a) An introduction describing the project location and environmental setting;
b) A description of the methods used and the results of the field survey, and discussion of the potential
occurrence for special status species;
c) A summary of pertinent NCPP/HCP, state and federal regulations;
d) An impact analysis of the proposed development;
e) Mitigation measures designed to avoid, reduce or mitigate predicted project impacts;
f) Recommendations for future and/or additional studies; and
g) Associated maps, tables, and photographs.
Optional Task: Wetlands Delineation
Regulations and programs around aquatic resources (i.e. wetlands, streams, etc.) have changes substantially since
the project's prior review of potential jurisdictional features,. Based on these changes and our review of aerial
imagery, the Project Site has the potential to contain aquatic features subject to the jurisdiction of the California
Department of Fish & Wildlife (CDFW), the State Water Recourse Control Board (SWRCB), and/or U.S. Army Corps
of Engineers (USJ\CE ).lf potential jurisdictional features are identified durine the filed surveys outlin ed in Task 1.2,
SWCA will inform the client if the need for a wetland delineation. If authorized, a field survey will be conducted
by qualified biologist and field wetland delineator to delineate the location and extent of potentially jurisdictional
resources. Prior to the field survey, the biologists will review databases and maps to determine whether water
bodies are known or expected to occur at the project, using the following resources:
• U.S. Geological Survey Topographic Maps
• U.S. Fish and Wildlife Service National Wetlands Inventory
• National Resources Conservation Service Web Soil Survey
• Aerial Imagery
During the field survey, the biologists will map streambeds and banks, vegetation, and non-jurisdictional features
in accordance with applicable agency standards. The location and extent of these features will be mapped on a
GPS unit with sub -meter accuracy, and features will be photographed . The delineation will be conducted to the
standards of the regulatory agencies and include detailed mapping of any agency's jurisdictional limits. SWCA will
convey the preliminary results in kmz format for review and invite comment by EcoTierra before proceeding with
t he Jurisdictional Delineation Report.
Following one round of preliminary findings discussion, SWCA will proceed with preparing an aquatic resources
delineation report. The report will include a written description of each drainage and/or aquatic feature within
the project area, along with accompanying graphics illustrating each feature. Using the project footprint (provided
by EcoTierra as a georeferenced file i.e., shapefile, KMZ, etc.), SWCA will estimate areal impacts for each feature
by applicable jurisdiction (CDFW, SWRCB, and/or USACE). The report will include the following:
■ An introduction describing the project location and environmental setting;
■ The project description, as provided by EcoTierra;
■ A description of the methods used in the background research;
■ A description of the results of the desktop review, field surveys, and jurisdictional determination, along
with associated maps, tables, and photographs; and
■ An impact analysis documenting direct, indirect, permanent, and temporary impacts to aquatic resources
that are anticipated from project activities.
A draft aquatic resources delineation report will be submitted to EcoTierra for one round of review and edits. It is
assumed EcoTierra will provide SWCA copies of engineering plan drawings, including plan and elevation views, to
facilitate accurate calculation of potential areal and volumetric impacts. This task does not include preparation of
any permit applications or agency coordination. A habitat assessment report or similar description of biological
conditions will be prepared under separate task of this document .
Exclusions
Palos Verdes Blue Butterfly (Glaucopsyche lygdamus palosverdesensis): This federally-listed endangered butterfly
historically occurred throughout the Palos Verdes peninsula in areas where their larval host plant occurred, the
southern California milkvetch (also known as locoweed; Astragalus trichopodus var. lonchus). A search of the
CNDDB resulted in the most recent report for this blue butterfly from 2001 nearly 4 miles north of the Project Site.
SWCA will search for both southern California mil kvetch and blue butterflies during the field survey. If either are
identified, we will inform the client and propose that a focused survey be conducted under a separate contract.
Cultural Resources Assessment
SWCA will prepare the Cultural Resources Assessment tor the Project. The following tasks are anticipated to be
required for the analyses:
Task 1 -Cultural Resources Assessment
Background investigation and analysis will be required to assess whether the project area contains significant
archaeological or historical resources. Based on our current understanding of the project, SWCA has identified the
following specific tasks:
TASK 1.1. LITERATURE REVIEW/ ARCHIVAL RESEARCH
SWCA will conduct archival research to identify any cultural resources known to exist within or adjacent to the
project area by conducting of a California Historical Resources Information Systems (CHRIS) records search . In
addition, SWCA will review relevant literature, historical documents and maps, and any other data sources
containing relevant information about the land use, prehistory, and history of the project area. The purpose of
the archival research is to identify any cultural resources known to exist within the project area and to assess the
likelihood of encountering undocumented cultural resources.
SWCA will conduct a confidential CHRIS records search at the South Central Coastal Information Center (SCCIC),
located at California State University Fullerton (CSUF), which houses cultural resources records for Los Angeles
County . The search will be conducted for the Project Site plus a 0.5-mile radius. The confidential records search
will furnish specific information on archaeological and historic built environment resources located on or near the
Project Site that SWCA will use to inform the assessment of resource sensitivity within the project area. In addition
to the cultural resources inventory records on-file at the SCCIC, SWCA will examine the Determinations of Eligibility
listings and documentation, the Office of Historic Preservation-prepared Historic Property Data File (Data File),
and previously conducted cultural studies within the project area. The Data File contains listings for the National
Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), State Historical Landmarks,
local eligibility listings, and California Points of Historical Interest. The records search will also reveal the nature
and extent of cultural resources work previously conducted within the project area. Currently, the estimated turn-
around time for a records search is between 5 and 7 weeks. SWCA will conduct this records search within a
maximum direct expense of $1,200.
Additional background research will include review of historical maps and photographs depicting the development
of any physical alterations to the project area. This information will be used to assess the suitability of the location
for the presence of a cultural resource based on the natural landscape and topographic setting. SWCA will also
consider disturbances to the physical setting of the project area which could influence the likelihood of
archaeological preservation and the presence of a cultural resource.
Preliminary research indicates that the Wayfarers Chapel, also known as the "The Glass Church", which is listed in
the NRHP, is southeast of the project area. While the Chapel is outside of the direct project footprint, the project
may be visible from the chapel. As such, the potential of the project to cause visual impacts or a change to the
setting of the historical resource should be considered as part of the CEQA impact analysis to historical resources.
SWCA will assess the visual impacts to the Chapel. Finally, SWCA's cultural resources desktop review will also
identify any other historic-age properties on adjacent parcels that could be indirectly impacted by the project.
TASK 1.2. INTENSIVE CULTURAL RESOURCES SURVEY
SWCA understands that the property has been previously surveyed for archaeological resources in the late 1990s
and early 2000s and that reports of these studies will be provided upon award. Due to the fact that the previous
surveys are more than 10 years old, SWCA proposes to conduct an intensive pedestrian survey of the
approximately 94-acre project area for cultural resources. SWCA archaeologists will carefully inspect the ground
surface walking along 15 -meter wide transects for evidence of artifacts, landforms, structures, buildings, ruins,
linear features (roads, trails), or other cultural features. All newly identified cultural resources (archaeological
sites, isolated finds, or historic built environment resources) will be recorded on appropriate California
Department of Parks and Recreation (DPR) Series 523 forms (e.g., archaeological site form, linear feature form,
etc.). A detailed sketch map showing scale, north arrow, legend site datum, site boundaries, archaeological
features, artifact distribution and concentrations, terrain, vegetation, notable landmarks, and other pertinent
information will be prepared for all newly identified archaeological sites. No artifacts or other materials will be
collected in the course of the survey, nor will any subsurface testing or excavation be conducted.
Recommendations regarding resource eligibility for the CRHR and NRHP will be made based on surface indicators
only. Site boundaries and isolated find locations will be recorded with a submeter-accurate Global Positioning
System (GPS) unit. All sites will be photographed, including site overviews, features, and artifacts. Photographs
will contain scales when appropriate. Digital photography will be used to document the features and
characteristics of the property, as well as its general setting. The field survey will allow for the accurate depiction
of the property's condition, historic integrity, alterations, and changes over time.
SWCA will record all archaeological and historic built environment resources within the project area in accordance
with California State site recording guidelines . Any previously recorded sites will be revisited and their current
condition evaluated vis -a-vis existing documentation . Only those sites that have changed markedly since the last
recordation will be updated. Based on experience and preliminary research, SWCA assumes that the survey will
be positive for archaeological resources. SWCA assumes that no more than five (5) previously recorded
archaeological resources will be revisited and that they will be found to be in similar condition to their previous
recording; as such, only simple site form updates will be prepared and no revision to their previously delineated
boundaries will be required. We assume that no new archaeological resources will be identified during the
inventory which will require recording. SWCA assumes that no more than one historic built environment resource
(Wayfarers Chapel) is present within the vicinity of the Project Site which will require analysis for indirect impacts.
TASK 1.3. NATIVE AMERICAN OUTREACH / AB 52 CONSULTATION SUPPORT
The project will require formal government-to-government consultation between the CEQA lead agency (City) and
California Native American Heritage Commission (NAHC)-listed Native American bands or tribes pursuant to
Assembly Bill No . 52 (AB 52). The lead agency is required to begin consultation with California Native American
tribes that are traditionally and culturally affiliated with the proje ct ar ea. SWCA will ass ist th e Ci t y with AB 52
consultation by contacting the NAHC on its behalf to request a review of the Sacred Lands File and a list of AB 52 -
specific Native American contacts, and by drafting letters to the five (5) NAHC -listed Native American contacts for
the project area . In addition, SWCA has included up to four hours of additional AB 52 consultation support for the
cultural resources task lead to provide recommendations and consultation strategy, coordinate and participate in
up to two one-hour phone meetings, and address specific concerns raised during consultation. No expenses have
been included for attending in -person meetings. Further consultation support can be provided under a
supplemental request for funds. SWCA can provide the lead agency with letter templates, checklists, and detailed
instructions to ensure they can complete meaningful consultation with interested Native American groups.
TASK 1.4. CULTURAL RESOURCES TECHNICAL REPORT
Upon completion of the above tasks, SWCA will prepare a cultural resources technical report. The report will
summarize the Project, regulatory framework, research methodology, and setting, and present the results of the
CHRIS records search, background research, sensitivity assessment, and field survey findings. In addition, the
report will discuss the Project's potential to adversely impact cultural resources and will provide
recommendations for further work or mitigation measures, as appropriate. If the locations of archaeological sites
or Native American cultural resources will be depicted or described in the report, it will be considered confidential,
and the report may not be distributed to the public. In order to protect these sensitive resources, the confidential
memorandum report shall be made available only to qualified cultural resources personnel, the landowner, and
project management personnel on a "need to know" basis. SWCA will address EcoTierra and/or City comments
on the draft cultural resources technical report and prepare a final report for submittal to EcoTierra, the City, and
the SCCIC. Additional rounds of review and revision would require a change order.
The technical report will be prepared under the direction of a qualified Principal Investigator. The report will also
follow the guidelines of the Secretary of the Interior's Standards for Archaeological Documentation (NPS 1983)
and will be consistent with the State of California Office of Historic Preservation's (OH P's) Archaeological Resource
Management Reports (ARMR): Recommended Contents and 'Format (OHP 1990). The report will assess impacts
to cultural resources in accordance with the CEQA Appendix G checklist. SWCA's cultural resources technical
report will include the results of assessing potential visual impacts to the Wayfarers Chapel, pursuant to CEQA . In
compliance with the State Historic Preservation Office (SHPO) guidelines for cultural resources surveys, evaluation
findings will be documented on the appropriate DPR forms, which will be included as an appendix.
DPR forms for newly recorded cultural resources will be appended to the report. However, the forms for sensitive
or confidential archaeological resources will be detached from the copies provided to EcoTierra and the City; the
final copy submitted to the SCCIC will contain all appendices .
Paleontological Resources Assessment
SWCA will prepare the Paleontological Resources Assessment for the Project. The following tasks are anticipated
to be required for the analyses :
Task 1 -Paleontological Resources Assessment
TASK 1.1. DESKTOP REVIEW
SWCA will conduct a desktop Paleontological Resources Assessment (PRA) of the Project area and vicinity. This
study will include consultation of the most recent geologic mapping and the scientific literature. In addition, a
records search will be obtained from the Natural History Museum of Los Angeles County (NHMLA) in Los Angeles,
California for any previously known fossil localities in or around the project area at a direct cost of $667, assuming
standard (i.e., not expedited) rates. The results of this desktop review will be used to develop mitigation and
monitoring recommendations for the project to comply with CEQA. Areas of potential paleontological sensitivity
will be identified, using the standards of the Society of Vertebrate Paleontology (SVP).
TASK 1.3. PALEONTOLOGICAL RESOURCES FIELD SURVEY
Preliminary research shows that the surficial geology within the Project Site is partially underlain by old landslide
deposits of Monterey Formation, which is well known for extensive paleontological discoveries. As such, SWCA
recommends a field survey to supplement the PRA and to identify paleontological resources that may be present
within the Project Site.
SWCA will conduct a pedestrian paleontological field survey of the 94-acre Project Site with focus given to areas
of native, previously undisturbed sediments or bedrock exposures to locate 1) surface fossils; 2) exposures of
potentially fossiliferous rock; and 3) areas in which fossiliferous rock or potentially fossiliferous surficial deposits
could be exposed or otherwise impacted during construction -related ground disturbance . For the purposes of this
proposal and cost estimate, SWCA assumes that the results of the paleontological resources survey will be
negative (i.e., no new fossil localities will be discovered, and any previously recorded fossil localities will yield no
new significant fossils). The survey will be completed by SWCA Lead Paleontologist Mathew Carson, M.S., and one
field assistant, and is assumed to require one day of field work plus travel time and expenses for deployment.
TASK 1.3. PALEONTOLOGICAL RESOURCES TECHNICAL MEMORANDUM
SWCA will prepare a succinct technical memorandum summarizing the results of the PRA, including the desktop
review and field survey. The paleontological resources technical memorandum may be included as an appendix
to the CEQA document, cited as a reference, or otherwise used to prepare the paleontological resources impact
analysis. The report will comply with industry standards as described by the SVP, include an evaluation of the
project area, and assess potential impacts to paleontological resources, in compliance with CEQA and all
applicable local regulations. The report will discuss the regulatory framework, research methodology, geologic
settings, findings, and references cited. In addition, the report will discuss the Project's potential to adversely
impact paleontological resources in accordance with CEQA Appendix G Guidelines and will provide mitigation
measures and recommendations as appropriate. SWCA will address one round of comments on the draft
paleontological resources technical report and will prepare a final report. Additional rounds of review and revision
would require a change order.
TASK 1.4. MITIGATION MONITORING PLAN
SWCA will prepare a mitigation monitoring plan (M MP) following standard EIR format for each technical discipline.
This will be a submitted as a separate document that presents the anticipated impacts and suggested mitigation
measures for all subject areas.
TASK 1.5. RESPONSES TO EIR COMMENTS
SWCA will respond to one set of consolidated comments from EcoTierra in a format to be provided by EcoTierra.
Transportation Assessment
Gibson will prepare the Transportation Assessment for the proposed development. The following tasks are
anticipated to be required for the analyses:
Phase 1: Transportation Impact Analysis Report
Task 1 -Trip Generation, Trip Distribution and Assignment, Preliminary Assessment, and Preliminary
Intersection Selection
GTC will estimate the Project traffic generation using Trip Generation Manual, 10th Edition (Institute of
Transportation Engineers, 2017) and the County vehicle miles traveled (VMT) calculator tool, as required by the City.
Morning and afternoon peak hour trips, as well as trips over the entire day, will be estimated. Appropriate trip
reductions for transit usage, walking, and bicycling, will be applied to the estimates.
GTC will review the likely directions of approach and departure from the site and assign the morning and afternoon
peak hour Project trips to the street system .
GTC will make a preliminary selection of up to two intersections based on the Project's proposed driveway
placements and intersect ions integral to the site access and circulation plan. Additional intersections may be
necessary as determined by the City.
Task 2 -Screening Criteria
GTC will review the City TIA guidelines and screening criteria to determine the analysis required for the Project.
Task 3 -TIA Scope
Based on the data from Tasks 1-2, GTC will outline the recommended scope for a detailed TIA, including exhibits
of the recommended study intersections, traffic assignment percentages, Project traffic volumes, trip generation,
existing and future transportation facilities, and VMTscreening.
The TIA scope will be presented to the City for review and approval. We will work with the City to review and develop
the study assumptions. Should the City ask for the analysis of more intersections, street segments, ramps, or freeway
segments based on the characteristics of the study area, an amendment to this Scope of Services may be necessary.
Once City staff has reviewed the TIA scope, they will accept or modify it and issue final approval. If the final TIA
scope looks unreasonable in terms of the breadth or depth of work requested, we will meet again with the City to
try to negotiate a more reasonable scope.
Task 4 -Data Collection
As needed, GTC will conduct site reconnaissance and field data collection at the study locations selected for analysis.
In addition to intersection data, a list of other major land use development proposals in the study area will be
requested, verified, and applied to this analysis.
Information will be sought from available data sources including other projects proposed in the area:
(1) Historical, existing and future traffic data
(2) Descriptions of other major land use development proposals within the study area
(3) Proposed roadway and transportation system improvements in the vicinity of the Project
Due to the State and County's current Safer at Home response to COVID-19, GTC will coordinate with the City to
det e rmine wh eth e r, during thi s interim pe riod, old er traffic counts of the study location s may be factored up and
utilized for this study. Should the City require the collection of new traffic counts once traffic conditions normalize,
an amendment to our contract would be required.
CEQA Analysis of Transportation Impacts
Task 5 -VMT Analysis
GTC will work with the City to define the methodology, thresholds, and mitigation related to VMT. GTC will
estimate the daily VMT and daily VMT per capita for the Project based on tools such as California Emissions
Estimator Model, the County's screening/calculator tool (if available), data from the regional model (Southern
California Association of Governments [SCAG] Regional Transportation Plan/Sustainable Communities Strategy
[RTP/SCS] Traffic Demand Foreca st Model).
Task 6 -Project Transportation Demand Management (TDM) Program
If needed, GTC will identify TDM measures that are both applicable to the Project and effective at reducing VMT to
attempt to reduce any VMT impacts to a level of insignificance.
Non-CEQA TransportationAnalysis
Task 7 -Site Access Studies
Based on information generated in Tasks 1-4, GTC will conduct an analysis of the existing and future forecast
operations of study intersections and Project driveways including the following:
■ Operational Evaluation: GTC will conduct weekday morning and afternoon peak hour level of service
evaluation based on the Highway Capacity Manual (HCM) methodology for each intersection selected for
analysis, including Project driveways, to identify levels of service and determine whether the Project would
worsen operating conditions. GTC will forecast future peak hour traffic volumes based on a background
traffic growth assumption. In addition, GTC will identify the traffic levels likely to be generated by
approved projects in the area. These background cumulative projects identified by the City will be added
to background conditions.
■ Queuing Analysis: GTC will use the HCM analysis to assess queue lengths at key study intersection turning
pockets.
Improvements to address potential Project access and circulation constraints will be reviewed, if needed, and may
include Transportation Systems Management strategies, physical improvements, site access and circulation
improvements, etc. GTC will coordinate with the City to review any selected improvements.
Task 8 -Construction Traffic Analysis
GTC will review the potential loss of travel lanes, sidewalks, bicycle lanes/paths, turning lanes, and parking during
the Project construction period (e.g ., grading operations, hauling operations, staging of construction vehicles,
provisions for construction worker parking, etc.) We will also identify potential corrective conditions such as
construction management plans, including various elements associated with those plans, to alleviate the above.
Report & Meetings
Task 9 -TIA Report
GTC will summarize the above information in a draft report provided for City review. GTC will incorporate the City's
review comments (if any) into a final report that will also be suitable for inclusion in the Project's environmental
documentation.
Task 10 -Meeting Representation
It is envisioned that on -going meeting representation, conference calls, and team coordination and consultation
will be needed up through the approval of the TIA study. Thus, this proposal includes preparation for and
attendance at up to eight hours of conference calls/meetings with the Project team and/or City staff.
Phase 2: Environmental Impact Report (EIR) Support ( If Needed)
Task 1 -Project Alternatives
GTC will study up to three alternatives by comparing the VMT of the alternatives to the VMT of the Project. TDM
measures will be suggested for the alternatives, as requested.
Task 2 -Review Screencheck and Draft EIR
GTC will provide consultation regarding review of the transportation-related sections, as well as other pertinent
sections of the screencheck Draft EIR. GTC also will review the summary tables, additional assessments related to
the Project descriptions, operational conditions, and associated analysis provided in other Draft EIR sections (i.e.,
noise, land use, emergency response, etc.) for consistency with the approach and assumptions outlined in the
traffic study.
Task 3 -Responses to Comments
The public has the opportunity to prepare comments on the Draft EIR and ask questions about the analysis and
conclusions. If needed, GTC will prepare responses to comments submitted by the public. We will prepare a
written response to be reviewed by the design team and then work with City staff to gain their concurrence in the
responses. Although the extent of the comments is not known at this time, we estimate that a typical level of
public comments/questions could be responded to with up to 20 hours of staff time. This task will be accomplished
on a time and materials basis, so if the level of comments is lower than anticipated, the cost of the task would
accordingly be less.
Task 4 -Public Meeting Representation
GTC will prepare for and attend up to three public meetings (i.e ., EIR Scoping Meeting, City Planning Commission,
City Council) or community meetings as required by the City . For planning purposes, each hearing is estimated to
cost approximately $2,000 in staff time for a typical four-hour meeting. This includes normal preparation time and
graphics support for each hearing.
Task 3: Prepare a Focused Initial Study, Preparer the NOP, and Attend
the Scoping Meeting
Task 3a: Preparation of an Initial Study
Though CEQA Guidelines do not require preparation of an Initial Study for EIRs , the City may choose to prepare
one to justify the preparation of the EIR and to focus the issue areas as much as possible . Typically, the Initial
Study will focus out Agricultural Resources and Mineral Resources . The Initial Study also will focus out other
subtopics, such as Land Use and Planning -Physically Divide a Community. The Initial Study for El Rs is typically a
robust document, but not as detailed as an Initial Study in support of an MND.
EcoTierra will prepare a Screencheck Initial Study (IS) checklist, in accordance with the requirements of CEQA and
State CEQA Guidelines for review by the City. The IS will contain all applicable components required by CEQA,
including Introduction, Background, Project Description/Characteristics/Phasing and Discretionary Approvals;
Setting, Impacts (Project and Cumulative), Mitigation and Level of Significance After Mitigation; and mandatory
CEQA findings .
EcoTierra's IS will respond to all environmental issues listed in the State CEQA Guidelines IS Checklist. Analyses
will be prepared based on site surveys, architectural design information (e.g., site plans, project description
materials, etc.), collection of photographic data and other technical data. Preparation of the IS will include
development of written answers to all questions on the Initial Study checklist used by the City, and application of
significance thresholds as required by the State CEQA Guidelines.
Deliverables:
■ 1 (one) PDF version and 5 (five) bound copies of preliminary Draft IS.
Task 3b: Review and Revise Draft Initial Study
When the first draft of the Initial Study is complete, the relevant materials will be consolidated into the preliminary
Administrative Draft Initial Study. Copies of the Administrative Draft Initial Study will be submitted to the City for
review. EcoTierra will revise the Administrative Draft Initial Study in response to City comments and prepare a
Screencheck Draft for City review. Once approved, EcoTierra will prepare the public review draft of the focused
Initial Study which will be distributed with the notices listed below.
Deliverables:
■ 1 (one) PDF version and 5 (five) bound copies of preliminary Draft IS.
Task 3c: Prepare and Circulate Notice of Preparation (NOP)
EcoTierra will draft the NOP and transmit it to the City for review. It is anticipated that the City would want two
(2) rounds of review prior to the publication of the NOP for a 30-day public review period. EcoTierra will provide
a PDF file of the Initial Study/NOP package suitable for posting on the City's website. City staff will provide
EcoTierra a circulation list of public agencies, organizations and persons wishing to receive a copy of the NOP, as
well as repository locations. This would specifically include any trustee agencies and significant stakeholders that
the City believes ought to be included in the NOP distribution for EIR input. EcoTierra will distribute the NOP and
the Notice of Completion (NOC) to the State Clearinghouse. EcoTierra will also file the NOP with the County Clerk,
including payment of the required filing fee.
The NOP and all correspondence received in response to the NOP will be attached as an Appendix to the Draft
EIR. A finalized scope for the Draft EIR will be defined after all comments on the NOP have been received.
EcoTierra will work with City staff to determine if the comments expand the scope of work for the EIR.
Deliverables:
■ PDF version of the NOP, NOC, and requisite hard copies for State Clearinghouse and County Clerk's
office.
Task 3d: Scoping Meeting
EcoTierra would work with City staff on format and presentations for a scoping (community) meeting and will
provide hand out materials, attend the meeting and present the CEQA process and the environmental issue areas
anticipated to be studied in detail in the EIR. EcoTierra will take notes on the proceedings and will prepare a
summary of comments from the scoping meeting.
Deliverables:
■ Attendance to Scoping Meeting and handout materials prepared for the meeting.
Task 4: Draft EIR
Task 4a: Preparation of Administrative Draft EIR
An Administrative Draft EIR will be prepared for review by City staff. Our EIRs include the following chapters in
conformance with CEQA:
■ Introduction/Executive Summary
■ Overview of Environmental Setting
■ Project Description
■ Environmental Setting, Impacts and Mitigation
Environmental Setting
Project Impacts
Mitigation Measures
Cumulative Impacts
Impacts After Mitigation
■ Alternatives
■ Effects Found Not To Be Significant
■ Other CEQA Considerations (Growth Inducing Impacts, Significant Irreversible Changes,etc.)
The environmental issue areas anticipated to be included within the scope of the EIR are thefollowing:
■ Aesthetics ■ Land Use and Planning
■ Air Quality/Greenhouse Gas Emissions ■ Noise
■ Biological Resources ■ Population/Housing
■ Cultural Resources ■ Public Services and Utilities
■ Energy ■ Transportation
■ Geology/Soils ■ Tribal Cultural Resources
■ Hazards and Hazardous Materials ■ Wildfire
■ Hydrology and Water Quality
It is assumed that the City will scope other issue areas out through the Initial Study process. These issue areas
would be Agricultural Resources, and Mineral Resources. There might also be other subareas of the environmental
topics that would be scoped out such as subtopic under Land Use, "Physically divide an established community."
Each of the areas of potential impact will describe the existing conditions, environmental impact after
development of the Project, recommended mitigation measures, net unmitigated environmental impact atter
Project development and potential cumulative impact!;.
Task 4b: Review /Revision of Administrative Draft EIR
When the first draft of the EIR is comp lete, the relevant materials will be conso lid ated into the pre limin ary
Administrative Draft EIR. Copies of the Administrative Draft El R will be submitted to the City for review. Eco Tierra
will revise the Administrative Draft EIR in response to City comments and prepare a Screencheck Draft EIR for City
review. Upon each review, EcoTierra will make changes to the sections in track changes mode. Hard copies and
electronic versions of each review will be provided for City staff review.
Deliverables :
■ 1 (one) PDF version and 5 (five) bound copies of preliminary Draft EIR withtechnical studies.
Task 4c: Production and Circulation of the Draft EIR
Prior to reproduction of the Draft EIR, EcoTierra will provide a final "proof copy" of the Screencheck Draft EIR to
the City for final review. When City staff has approved the Screencheck Draft EIR for release as a Draft EIR,
EcoTierra will print the Draft EIR and provide the Technical Appendices to the Draft EIR on a CD.
EcoTierra will be responsib le for circulating the Draft EIR to the State Clearinghouse and providing the City with
needed copies for inter-departmental and public distribution including copies for the Rancho Palos Verdes Public
Library. EcoTierra will draft the Notice of Availability (NOA) per the City's preferred format and will give to City
staff for review and EcoTierra will include the notices in the Draft EIR. Based upon CEQA mandate, the EIR will be
circulated for public review for 45 days.
EcoTierra will prepare and submit the No Effect Determination form to the California Department of Fish and
Wildlife for their review. Pursuant to Fish and Game Code section 711.4, subdivision (c)(l), all project proponents
including public agencies subject to the California Environmental Quality Act (CEQA) shall pay a filing fee for each
project. The filing fee will be waived however, if the project will have no effect on fish and wildlife .
Deliverables:
■ 1 (one) PDF version of the draft NOA.
■ 1 (one) PDF, 1 (one) unbound, 21 (twenty-one) bound copies and 15 (fifteen) CDs of Draft EIR with
technical studies.
■ 1 (one) PDF version of the draft No Effect Determination form.
Task 5: Final EIR
Task Sa: Preparation of Administrative Final EIR
Following the close of the 45-day public review period, the City will forward the comment letters received on the
Draft EIR. EcoTierra will prepare responses to the comments. This scope includes up to 40 hours to respond to
comments and additional 20 hours to revise the responses based on City comments/edits . Should the Draft EIR
receive a large volume of comments, we will discuss the need for scope changes with the City.
The Final EIR shall include the Responses to Comment Letters, Corrections and Additions to the Draft EIR,
Mitigation Monitoring and Reporting Program (MMRP) and all Technical Appendices .
The MMRP shall comply with the City's format and content and include specific monitoring activities, a reporting
system, and criteria for evaluating the success of the mitigation measures. The MMRP will part of the Final EIR
that is certified by the City's decision makers.
Dclivcrilblcs:
■ 1 (one) PDF version and 5 (five) bound copies of Administrative Final EIR with MMRP.
Task Sb: Review /Revise Administrative Final EIR
Prior to reproduction of the Final EIR, EcoTierra will provide a "proof copy" of the Screencheck Final EIR to the
City and Project Team for final review.
Task Sc: Preparation /Production of Final EIR
When the Project team and City staff have approved the Screencheck Final EIR for release as a Final EIR, EcoTierra
will print the Final EIR and provide hard copies and CDs. EcoTierra will distribute the hardcopy and/or electronic
version of the Final EIR to Commenting Agencies, relevant internal City agencies, City staff and County library, and
other parties that received the Notice of Preparation and those that notified the City to receive copies .
Deliverables:
■ 1 (one) PDF, 1 (one) unbound, 5 (five) bound copies and 5(five) CDs of Final EIR with MMRP and with
technical studies.
EcoTierra will prepare the Notice of Determination (NOD), per the City's preferred format and will give to City
staff for review. Eco Tierra will be responsible for circulating the NOD to the State Clearinghouse.
Deliverab les:
■ 1 (one) PDF version of the draft NOD.
Determining whether a project subject to CEQA will affect fish and wildlife is the responsibility of California
Department of Fish and Wildlife (CDFW). CDFW will provide a response to the No Effect Determination . If
CDFW does not approve the No Effect Determination, a fee is required by CDFW at the time the Notice of
Determination is filed with the County Clerk. EcoTierra will require payment for the filing fees from the City to
submit to CDFW .
Deliverables:
■ 1 (one) PDF version of the draft No Effect Determination form.
Task 6: Public Hearings and Meetings
This task includes attendance to City public hearings on the Project. EcoTierra has budgeted for attendance to: a
minimum of two internal meetings (possibly virtual) with City staff; one Scoping Meeting, one community meeting
to review (if necessary) draft report; and attendance to a minimum of two public hearings by consultant team
members responsible for preparation of the report and technical studies.
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
01203.000]/734828.3 B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Consultant shall prepare a Draft EIR for public review for the project on a time and materials
basis in accordance with the not-to-exceed fees shown in the table be low. The identified
costs include meetings and/or conference call s that occur during the process. The cost for
preparation of the Draft EIR shall be $269,235. This not-to-exceed total cost covers all labor
costs required to complete the Draft EIR for pub lic review, and will not change unless the
project description changes after preparation of the Draft EIR has commenced.
Preparation of responses to comments, Final EIR and attendance at public hearings will be
comp leted for a not-to-exceed cost of $18,580. In accordance with the above costs, the not-
to-exceed amount for preparation of an EIR would be $291,235 not including direct costs.
Invoices will be submitted monthly and will be paid by the City within 45 days.
Tab le 3, Cost Estimate for the 6001 Palos Verdes Drive South Project EIR provides a
breakdown of the cost.
Table 3
Cost Estimate for the 6001 Palos Verdes Drive South Project EIR
Katrina
Curtis Hardt-Jenny Marisa Katie Admin/ Total
Zacuto Holoch Mailhot Wyse Wilson Graphics Hours
Tasks $200 $180 $180 $150 $150 $95
Task 1: Project Initiation
~
Task 1 a: Data Collection 2 2
Task 1 b: Project Description 12 12
Task 2: Completion and
Evaluation of Technical
Studies
Air Quality/GHG Analysis
(EcoTiemi)
Visual Assessment
Biological Resources
Assessment (SWCA)
Cultural Resources
Assessment (SWCA)
Paleontological
Resources
Assessment (SWCA)
Noise Analysis (EcoTierra)
Traffic Assessment (Gibson)
01203.0001/734828.3 C-1
Total
Budget
$360
$2,160
$6,000
$25,925
$43,786
$24,090
$7,064
$5,300
$44,990
Task 3: Preparation of
Initial Study/Notice of
Preparation
Task 3a: Prepare Initial Study 3 20 23 $4,140
Task 3b: Review and Revisions
of the Draft IS 2 10 12 $1,860
Task 3c: Prepare and Circulate 4
NOP
4 8 $1,320
Task 3d: Scoping Meeting 6 6 12 $2,280
01203.0001/734828.3 C-2
Task 4: Preparation of Draft
EIR
Task 4a : Preparation of
Administrative Draft EIR 60 100 80 150 39 $66,900
0
Task 4b: Review/Revise
Administrative Draft EIR by 24 24 52 60 24 18 $31,080
City Staff 4
Task 4c: Production and
Circulation of Draft EIR 6 6 12 $1,980
Task 5: Final EIR
Task 5a: Preparation of
Admin. Final EIR & MMRP 4 20 20 6 50 $8,900
Task 5b: Review/Revise
Admin. Final EIR 4 6 8 4 22 $3.920
Task 5c:
Preparation/Production of 2 4 6 $960
Final EIR
Task 6: Public 24 24 $4,800
Hearings/Meetings
Other Expenses
(Word 36 36 $3,420
Processing/Graphic
s)
Subtotal 122 167 200 234 34 36 79 $291,235
3
Oirect costs (printing, postage, mileage, etc.) $4,000
Total $29~,23~
NOTES:
L Draft EIR Costs assume two rounds of review by City staff If additional rounds of review are required, this
cost estimate may need tu be re-evaluated.
Preparation of responses to comments for Final EIR will be completed for a not-to-exceed fee of $8,900
(equivalent to 50 hours of staff time for response to comments). This cost assumes that no more than 4
letters of high complexity (i.e., 10-15 comments) and JO letters of moderate complexity (i.e., 2-5 comments
per letter) are received, and that no new technical analysis (biological resources, cultural resources, noise,
air quality, traffic) is needed. In the event that characteristics of the comment letters received by the City
exceed these assumptions, the estimated
cost '(Vil! be re-evaluated after close of the public review period and Eco Tierra will consult with the City on c.
vosszble contract amendment.
01203.0001/734828.3 C-3
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Table 2, Consultant's schedule for the preparation of an EIR.
Task/Phase Approximate Time
Task 1: Project Initiation /Data Collection 1 week from authorization to proceed
Task 1a: Data Collection ' 1 week from authorization to proceed
Task 1 b : Project Description 1 week from authorization to proceed
Ta s k 2 Review and Prepare Technical Studies
8 weeks from authorization to proceed**
Traffic ~ritical path for AQ/GHG and Noise
tudies)
5 weeks from Receipt of Traffic Report
** Air Quality/GHG (critical path for preparation of Admin
DraftEIR)
5 weeks from Receipt of Traffic Report ..
Noise Study (critical path for preparation of Admin
DraftEIR)
Visual Assessment 12 weeks from authorization to proceed
Biological Resources 12 weeks from authorization to proceed
Cultural Resources 12 weeks from authorization to proceed
Paleontological Resources 12 weeks from authorization to proceed
Task 3 Prepare a Focused Initial Study, Prepare the NOP,
and Attend the
Scopina Meetina
Tasks 3a-3b : Preparation of lnltlal Study 3-4 wookG from authorization to
oroceed
·1 et City Revi ew 3wee ks
EcoTierra to Revise per City Comments 1 week
2nd City Review 2weeks
Eco Tierra to Revise per City Comments 3 (working) days
5-6 weeks from authorization to
Task 3c: NOP publication proceed
1 day
Circulate NOP 30days
Task 3d : Scoping Meeting TBD
Task 4: Draft EIR
Task 4a: Preparation of Administrative Draft EIR 15 -17 weeks tram authorization to
proceed**
Task 4b : Review/Revise Ad min. Draft EIR
1st City Review 3weeks
EcoTierra to Revise per City Comments 1 week
2nd City Review 2weeks
EcoTierra to Revise per City Comments 3 (working) days
3rd City Review (City Attorney) 3weeks
01203.0001/734828.3 D-1
EcoTierra to Revise per City Comments 1 week
Task 4c: Production and Circulation of Draft EIR
City Review Proof Document 2 (working) days
Prepare Document for Circulation 2 (working) days
Publish Notice of Completion/Availability 1 day
Public Review 45days Period
Task 5: Final EIR
Task Sa : Preparation of Admin . Final EIR &MMRP 4weeks
Task Sb: Review/Revise Admin. Final EIR
1st City Review 3weeks
EcoTierra to Revise per City Comments 1 week
2nd City Review 3weeks
EcoTierra to Revise per City Comments 3 (working) days
3rd City Review (City Attorney) 3weeks
Eco Tierra to Revise per Attorney Comments 2weeks
City Review Proof Document 2 days
Task Sc: Preparation/Production of Final EIR 3 days
Publish Final 1 day EIR/NOD
10 Days Prior to Hearing (Circulation) 10 days
Total Estimated Time to Complete EIR Process 45-47 weeks
** Critical Path Item
Table l : Allocation of Resources for CEQA Services
Task Task Workload Expected Contributions By Percentage By Staff
Curtis Katrina Jenny Katie Marisa Wyse, Graphics Admin.
Zacuto, Hardt-Mailhot, Wilson, Environmental /Word
Principal Holoch, Project Air Planner Processing
Senior Manager Quality/
Project Noise
Manager Specialist
CEQA
30% 40% 60% 20% 60% 10% 5% Services
01203.0001/734828.3 D-2