CC SR 20210921 G - Point View Subdivision at 6001 PVDS
CITY COUNCIL MEETING DATE: 09/21/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDATITLE:
Consideration and possible action to award a contract services agreement to EcoTierra
Consulting to prepare the environmental documents associated with the proposed
subdivision of the Point View Property at 6001 Palos Verdes Drive South (Case No.
PLTM2018-0001).
RECOMMENDED COUNCIL ACTION:
(1) Award a contract services agreement, in a form approved by the City Attorney, to
EcoTierra Consulting to prepare the environmental documents for the proposed
subdivision of the Point View Property at 6001 Palos Verdes Drive South, for an
amount not to exceed $295,235;
(2) Approve a reimbursement agreement, in a form approved by the City Attorney,
with York Point Properties, LLC to reimburse the City for the full costs incurred by
the City related to work conducted by EcoTierra for the preparation of the project’s
environmental document; and
(3) Authorize the Mayor and City Clerk to execute the contract services agreement
and reimbursement agreement.
FISCAL IMPACT: The City costs incurred for completion of the services will be
reimbursed by the Applicant and is not to exceed $295,235 unless
an amendment to the contract services agreement is agreed upon
by the applicant and the City.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Deputy Director/ Planning Manager
REVIEWED BY: Ken Rukavina PE, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Contract Services Agreement with EcoTierra Consulting (page A-1)
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B. Reimbursement Agreement with York Point View Properties, LLC. (page B-
1)
C. Request for Proposals for Subdivision and Development Proposal of the
Point View Property (page C-1)
D. EcoTierra Consulting Proposal (page D-1)
BACKGROUND AND DISCUSSION:
On December 18, 2018, the project Applicant, Hunsaker & Associates , on behalf of Point
View Properties, LLC submitted a Tentative Tract Map and environmental assessment
application (Case No. PTLM2018-0001) for the proposed subdivision and residential
development of the project site, identified in the aerial map below:
Based on a review of the plans and application materials submitted at the time, staff
deemed the application incomplete for processing on January 18, 2019. Since then, the
Applicant submitted revisions to the application documents on several occasions with the
final submittal of information on October 2020. Staff deemed the application complete for
processing on December 4, 2020, after additional clarifying information was provided.
As part of the proposed project, the Applicant submitted applications for a Vesting
Tentative Tract Map, Conditional Use Permit/Conditional Use Permit Revision, Major
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Grading Permit, Site Plan Review and Landscape Plan Review. The proposed project
includes the following:
• Subdivision of the project site to create 37 single-family lots, one estate lot, 11
landscape lots, six private street lots and one lot for detention basin
• Development of 37 single-family residences, as a Residential Planned Development
including affordable housing as per Section 17.11 (Affordable Housing) of the Rancho
Palos Verdes Municipal Code (RPVMC)
• Conducting approximately 3 million cubic yards of project grading including remedial
work and grading to accommodate the residential lots, streets and slope areas
• Construction of ancillary site improvements including, but not limited to, landscaping,
infrastructure, and signage
• Revising the Point View Master Use Plan to accommodate the relocation of the
existing executive golf course along with associated project components
It should be noted that deeming the project application complete for processing does not
constitute approval of the proposed project, but rather signifies the next stage in the
development review process, which includes an environmental assessment of the
proposed project, as required by the California Environmental Quality Act (CEQA). Public
hearings on the required CEQA environmental documents and the merits of the project
applications before the Planning Commission and City Council have not yet been
scheduled.
Contract Services Agreement
In May 2021, the Community Development Department issued a request for proposals
(RFP) (Attachment C) to solicit professional services to assist the City in conducting the
environmental assessment of the proposed project. Specifically, the Community
Development Department sought a consultant to complete the following list of
environmental review tasks:
• Preparation and Circulation of Initial Study
• Preparation and Circulation of Notice of Preparation
• AB 52 Consultation
• Conduct Project Scoping Meeting
• Preparation and Circulation of Draft EIR
• Preparation and Circulation of Responses to Comments on the Draft EIR
• Preparation and Circulation of a Mitigation and Monitoring Program
• Preparation and Circulation of the Final EIR
• Noticing of and attendance at Planning Commission, City Council , or other Public
Meetings
• Preparation and Posting/Circulation of Notice of Determination
The Community Development Department’s evaluation panel of this RFP submittal
(comprised of the Director of Community Development, Deputy Director of Community
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Development and Senior Planner) reviewed timely submittals by the end of the RFP
response deadline in June 2021 from the following four consulting firms:
• PSOMAS
• CAJA Environmental Services, LCC
• EcoTierra Consulting
• Chambers Group
On August 3, 2021, the evaluation panel completed the ratings and evaluation based on
the following criteria:
• Approach to Scope of Services (25%)
• Proposal Schedule (20%)
• Staff Qualifications and Experience (30%)
• Organization and Staffing (15%)
• Quality Control (10%)
Upon review of the proposals, the evaluation panel was of the opinion that the best team
equipped to perform the requested scope of work is EcoTierra Consulting, Inc. A
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summary of EcoTierra’s proposal (Attachment D) as it relates to the scope of services to
be provided is as follows:
• Data collection
• Review and prepare technical studies and assessments
• California Environmental Quality Act (CEQA) analysis and associated
documentation
• Native American tribal consultation as required by state law
• Community workshops and public hearings
EcoTierra proposes to utilize sub-consultants Gibson Transportation Consulting, Inc. for
transportation and traffic analyses and SWCA, Inc. for visual simulations, cultural and
biological assessments. It is anticipated that the scope of services will be completed in
within 10 to 11 months once the environmental review process begins.
Staff is of the opinion that EcoTierra is qualified to complete environmental assessment
for the proposed project and recommends the City Council approve the contract services
agreement with EcoTierra (Attachment A) for the requested services. Specifically,
EcoTierra has extensive experience working with local jurisdictions such as the City of
Los Angeles and other local agencies on environmental assessments of residential
subdivision proposals including the preparation of environmental impact reports.
Staff has worked closely with the Applicant on the preparation of the RFP and the review
of consultant responses and submittals to the RFP. The Applicant has also been involved
in the confirmation of the selected consultant firm.
Reimbursement Agreement
As part of the recommended actions, Staff also requests the City Council approve a
reimbursement agreement (Attachment B) with York Point Properties, LLC for
reimbursement of consultant related service fees.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Direct Staff to modify the scope of the project and renegotiate the services
needed, returning with a modified proposal.
2. Direct Staff to issue a new RFP.
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01203.0001/734828.3 1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
ECOTIERRA CONSULTING, INC.
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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 ______________________, 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
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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 of Industrial Relations (DIR) determinatio n 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 1774 and 1775 concerning the payment
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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 subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within 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 to 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 1½
(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
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comply with such provisions before commencing the performance of the work of
this contract.”
Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer 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 damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City ,
except such losses or damages as may be caused by City’s own negligence.
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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.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $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 performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, 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
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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 Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within 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.
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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 Performance (Exhibit
“D”). The City may, in its discretion, extend the Term by one (1) additional one-year term.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
__________________________ __________________________
Curtis Zacuto Principal/President
__________________________ __________________________
Craig Fajnor 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 perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. 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
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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.
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ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to com mencement 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
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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 provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
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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.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. 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.
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(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
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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
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Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including 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.
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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
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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 termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon 30 (thirty) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. 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
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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 Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
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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 desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
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9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) 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]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Eric Alegria, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Curtis Zacuto
President
By:
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 required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01203.0001/734828.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
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01203.0001/734828.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me o n
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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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.
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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 1b: Project Description
Because the project description is the basis 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 Description.
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 needs 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 that 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 of these 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,
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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 Existing Conditions
▪ Identify the existing air quality setting in the area.
▪ Identify greenhouse gases and their associated impacts to global climate change.
▪ Identify thresholds of significance for the criteria pollutants and greenhouse gases.
Task 2 Air Quality and Greenhouse Gas Emissions Analyses
▪ 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 pollutant and GHG emissions associated 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 Impact Analysis
▪ Identify the existing energy use conditions and the applicable federal, state, and local rules and regulations
pertaining to Energy use.
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▪ 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 Noise Setting
▪ 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.
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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 and 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 substantiating findings.
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.
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SWCA will create a single panoramic photo from site photos to represent the viewer perspective from ea ch 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
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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 of this 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.
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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-Breeding 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 (USACE).If potential jurisdictional features are identified during the filed surveys outlined 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
the 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
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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 milkvetch 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 for 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
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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
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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-à-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 project area. SWCA will assist the City 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
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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 (OHP’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
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proposal and cost estimate, SWCA assumes that the results of the paleontological resources survey w ill 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 (MMP) 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 intersections integral to the site access and circulation plan. Additional intersections may be
necessary as determined by the City.
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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 VMT screening.
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
determine whether, during this interim period, older traffic counts of the study locations 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 Forecast 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.
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Non-CEQA Transportation Analysis
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 adde d
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.
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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 estima te 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 EIRs 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.
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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
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▪ 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 the following:
▪ 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 after
Project development and potential cumulative impacts.
Task 4b: Review/Revision of Administrative Draft EIR
When the first draft of the EIR is complete, the relevant materials will be consolidated into the preliminary
Administrative Draft EIR. Copies of the Administrative Draft EIR will be submitted to the City for review. EcoTierra
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 with technical 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 responsible 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
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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)(1), 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 5a: 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.
Deliverables:
▪ 1 (one) PDF version and 5 (five) bound copies of Administrative Final EIR with MMRP.
Task 5b: 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 5c: 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.
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EcoTierra will prepare the Notice of Determination (NOD), per the City’s preferred format and will give to City
staff for review. EcoTierra will be responsible for circulating the NOD to the State Clearinghouse.
Deliverables:
▪ 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.
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01203.0001/734828.3 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
[INTENTIONALLY LEFT BLANK]
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01203.0001/734828.3 C-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 below. The identified
costs include meetings and/or conference calls 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 public 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
completed 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.
Table 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
Curtis
Zacuto
Katrina
Hardt-
Holoch
Jenny
Mailhot
Marisa
Wyse
Katie
Wilson
Admin/
Graphics
Total
Hours
Total
Budget
Tasks $200 $180 $180 $150 $150 $95
Task 1: Project Initiation
Task 1a: Data Collection 2 2 $360
Task 1b: Project Description 12 12 $2,160
Task 2: Completion and
Evaluation of Technical
Studies
Air Quality/GHG Analysis (EcoTierra)
$6,000
Visual Assessment $25,925
Biological Resources
Assessment (SWCA)
$43,786
Cultural Resources
Assessment (SWCA)
$24,090
Paleontological
Resources
Assessment (SWCA)
$7,064
Noise Analysis (EcoTierra) $5,300
Traffic Assessment (Gibson) $44,990
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01203.0001/734828.3 C-2
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 NOP
4 4 8 $1,320
Task 3d: Scoping Meeting 6 6 12 $2,280
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01203.0001/734828.3 C-3
Task 4: Preparation of Draft
EIR
Task 4a: Preparation of Administrative Draft EIR
60
100
80
150
390
$66,900
Task 4b: Review/Revise
Administrative Draft EIR by
City Staff
24
24
52
60
24
184
$31,080
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
Final EIR
2
4
6
$960
Task 6: Public Hearings/Meetings 24 24 $4,800
Other Expenses
(Word
Processing/Graphic
s)
36
36
$3,420
Subtotal
122
167
200
234
34
36
793
$291,235
Direct costs (printing, postage, mileage, etc.) $4,000
Total $295,235
NOTES:
Draft EIR Costs assume two rounds of review by City staff. If additional rounds of review are required, this
cost estimate may need to 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 10 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 will be re-evaluated after close of the public review period and EcoTierra will consult with the City on a possible contract amendment.
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01203.0001/734828.3 D-1
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 1b: Project Description 1 week from authorization to proceed
Task 2 Review and Prepare Technical Studies
Traffic
8 weeks from authorization to proceed**
(critical path for AQ/GHG and Noise
Studies)
Air Quality/GHG
5 weeks from Receipt of Traffic Report
**
(critical path for preparation of Admin
Draft EIR)
Noise Study
5 weeks from Receipt of Traffic Report
**
(critical path for preparation of Admin
Draft EIR)
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
Scoping Meeting
Tasks 3a-3b: Preparation of Initial Study 3-4 weeks from authorization to
proceed
1st City Review 3 weeks
EcoTierra to Revise per City Comments 1 week
2nd City Review 2 weeks
EcoTierra to Revise per City Comments 3 (working) days
Task 3c: NOP publication
5-6 weeks from authorization to
proceed
1 day
Circulate NOP 30 days
Task 3d: Scoping Meeting TBD
Task 4: Draft EIR
Task 4a: Preparation of Administrative Draft EIR 15 - 17 weeks from authorization to
proceed **
Task 4b: Review/Revise Admin. Draft EIR
1st City Review 3 weeks
EcoTierra to Revise per City Comments 1 week
2nd City Review 2 weeks
EcoTierra to Revise per City Comments 3 (working) days
3rd City Review (City Attorney) 3 weeks
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01203.0001/734828.3 D-2
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
Period 45 days
Task 5: Final EIR
Task 5a: Preparation of Admin. Final EIR & MMRP 4 weeks
Task 5b: Review/Revise Admin. Final EIR
1st City Review 3 weeks
EcoTierra to Revise per City Comments 1 week
2nd City Review 3 weeks
EcoTierra to Revise per City Comments 3 (working) days
3rd City Review (City Attorney) 3 weeks
EcoTierra to Revise per Attorney Comments 2 weeks
City Review Proof Document 2 days
Task 5c: Preparation/Production of Final EIR 3 days
Publish Final
EIR/NOD 1 day
10 Days Prior to Hearing (Circulation) 10 days
Total Estimated Time to Complete EIR Process 45-47 weeks
** Critical Path Item
Table 1: Allocation of Resources for CEQA Services
Task Task Workload Expected Contributions By Percentage By Staff
Curtis
Zacuto,
Principal
Katrina
Hardt-
Holoch,
Senior
Project
Manager
Jenny
Mailhot,
Project
Manager
Katie
Wilson,
Air
Quality/
Noise
Specialist
Marisa Wyse,
Environmental
Planner
Graphics
/Word
Processing
Admin.
CEQA
Services 30% 40% 60% 20% 60% 10% 5%
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01203.0018/735594.4 ANAVAII_ALWY
REIMBURSEMENT AGREEMENT
BY AND BETWEEN
CITY OF RANCHO PALOS VERDES
AND
YORK POINT VIEW PROPERTIES, LLC
THIS REIMBURSEMENT AGREEMENT (Agreement) is executed this ______ day of
______, 2021 (Effective Date), by and between the CITY OF RANCHO PALOS VERDES, a
general law city and municipal corporation (City), and YORK POINT VIEW PROPERTIES,
LLC, a California limited liability corporation (Developer). City and Developer may be referred
to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. Developer has submitted an application for approval from City for Vesting
Tentative Tract Map No. 53166 (the Application) for the development of 6001 Palos Verdes Drive
South, commonly known as the Point View Property (the Project).
B. City has entered into a professional services agreement with Ecotierra Consulting,
Inc. (Consultant) for environmental consulting services on the Project.
C. Developer has agreed to reimburse City for the full costs incurred by the City
related to the City’s retention of Consultant, to conduct the environmental review of the Project as
required by the California Environmental Quality Act (CEQA), including the preparation of, and
any revisions to, the environmental documents, and all other related costs, fees, and expenses,
including but not limited to attorneys’ fees.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as
follows:
TERMS
1. Incorporation of Recitals. The Parties hereby incorporate the foregoing Recitals
as though fully set forth herein.
2. Developer’s Responsibility for City Costs. The following reimbursement
obligations shall be collectively referred to as City Costs.
(a) Developer shall reimburse City for the full costs incurred for the City’s
retention of Ecotierra Consulting, Inc., to conduct an environmental review of the Project, as
required by CEQA, including costs of reviewing and processing all entitlement applications, costs
of preparing all agreements related to the Project, all consultant fees, the preparation of, and any
revisions to, the environmental documents, and all other related costs, fees, and expenses,
including but not limited to attorneys’ fees.
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(b) To that end, Developer shall, within five (5) business days of the Effective
Date, deposit with City an initial sum of $150,235.00 (One Hundred Fifty Thousand Two
Hundred Thirty Five Dollars) which the City will use to pay Consultant pursuant to the
professional services agreement with Consultant for environmental consulting services on the
Project. Of this deposit, $5,000 (Five Thousand Dollars) will be used to cover the cost of
preparation of this Agreement and the Consultant agreement.
(c) In the event that the agreement with Consultant must be increased to provide
for additional services, Developer shall provide additional deposits to cover any additional costs.
(d) Developer shall, in addition to the amount in Section 2(b), within six (6)
months of the Effective Date, deposit with City deposit an additional $150,000 (One Hundred
Fifty Thousand Dollars) which the City will use to pay Consultant pursuant to the professional
services agreement with Consultant for environmental consulting services on the Project.
2.1 Additional Deposits by Developer. Developer shall not unreasonably
withhold reimbursement necessary to reimburse City for the City Costs. City’s notice requesting
additional deposits necessary to reimburse City for the City Costs shall state what costs have been
incurred to date, additional costs anticipated, and how City intends to apply any needed additional
Developer deposits. If deposited sums exceed the costs incurred by City, City shall refund the
difference as soon as City determines the amount of such excess.
2.2 Compliance with City Costs Reimbursement & Deposit Provisions. In
the event that Developer does not promptly reimburse the City Costs as provided in this Section
2, or does not timely deposit or replenish the Deposits necessary to reimburse City for the City
Costs incurred by City which arise from or are related to the Project, City may immediately halt
Consultant’s work on the Project, and may take such further action as City deems appropriate,
including deeming any Developer application(s) abandoned until such time as Developer has made
such payments as required by this Agreement..
2.3 Interest on Deposit. Any amounts deposited by Developer shall be
maintained by City in an interest-bearing account of City’s choice, and may be co-mingled with
other City funds in such account. Interest accruing upon any such deposit shall inure to and be
created for the benefit of City.
2.4 Accounting. City shall keep an accounting of the City Costs and all deposits
made by Developer. Upon written request, City shall provide statements of these accounts to
Developer, which shall include descriptions of the City Costs, including, the date, amount, and the
type of activity for which the cost was incurred. Failure of City to provide any accounting shall
not excuse Developer’s duty to perform any act, including the duty to make full and timely deposits
required under this Section 2. Developer may question or challenge any use of funds set forth in
the accounting and may appeal same to the City Council.
3. Additional Taxes, Fee, and Charges. Notwithstanding any provision to the
contrary, Developer shall pay all normal and customary fees and charges applicable to all permits
necessary for the Project, and any taxes, fees, and charges hereafter imposed by City in connection
with the Project which are standard and uniformly-applied to similar projects in the City.
4. City Release; Termination. This Agreement shall terminate three (3) years after
the Effective Date unless Developer has outstanding reimbursement obligations to the City at such
time or City reasonably determines that City will incur additional reimbursable costs after such
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date, in which event this Agreement will be automatically extended for additional one (1) year
terms until Developer has reimbursed all City Costs. City will provide Developer with written
notice that its reimbursement obligations have been satisfied.
5. Remedies. In the event of a breach by Developer, City may, in addition to any other
remedies, seek to recover the City Costs plus reasonable attorneys’ fees in enforcing this
Agreement. This provision will not be interpreted to curtail any of City’s remedies at law or equity
against Developer for any violation of its codes, nor shall it be interpreted as a waiver of any
defense of Developer.
6. Conflicts of Interest.
6.1 No Financial Relationship. Developer acknowledges the requirements of
Government Code §§ 1090 et seq. (the “1090 Laws”) and warrants that it has not entered into any
financial or transactional relationships or arrangements that would violate the 1090 Laws, nor shall
Developer solicit, participate in, or facilitate a violation of the 1090 Laws.
6.2 Developer’s Representations & Warranties. Developer represents and
warrants that for the 12-month period preceding the Effective Date it has not entered into any
arrangement to pay financial consideration to, and has not made any payment to, any City official,
agent or employee that would create a legally cognizable conflict of interest as defined in the
Political Reform Act (Government Code §§ 87100 et seq.).
7. Developer Acknowledgements. Subject to the reimbursement obligations set forth
in this Agreement, Developer acknowledges and agrees that, with respect to the Entitlements:
7.1 City has sole discretion to select which of its employees and contractors are
assigned to work on the Entitlements.
7.2 City has sole discretion to direct the work and evaluate the performance of
the employees and contractors assigned to work on the Entitlements, and City retains the right to
terminate or replace at any time any such person.
7.3 City has sole discretion to determine the amount of compensation paid to
employees or contractors assigned to work on the Entitlements.
7.4 City, not Developer, shall pay employees and contractors assigned to work
on the Entitlements from a City account.
8. Indemnification and Hold Harmless.
8.1 Non-liability of City Concerning Entitlements. The Parties
acknowledge that there may be challenges to the legality, validity and adequacy of the
Entitlements and/or this Agreement in the future; and if successful, such challenges could
delay or prevent the performance of this Agreement and/or approval of the Entitlements and/or
implementation of the Project. City shall have no liability under this Agreement for the inability
of Developer to obtain Entitlements and/or implementation of the Project as the result of a
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judicial determination that some or all of the Entitlements are invalid or inadequate or not in
compliance with law.
8.2 Indemnification. Developer agrees to defend, indemnify and hold
harmless the City, its elected or appointed officials, agents, officers, employees, and attorneys from
any claims, demands, causes or causes of action, damages, or proceedings against the City or its
elected or appointed officials, agents, officers, employees, or attorneys arising out of or related to
this Agreement, the Project, the Entitlements, and any other agreements or entitlements or permits
anticipated under the implementation of the Project (the “Claims or Demands”), whether such
activities are undertaken by Developer or by any of its agents, contractors, or subcontractors, or
by any one or more persons directly or indirectly employed by or acting as agent for Developer or
any of its agents, contractors, or subcontractors. The City will promptly notify Developer of any
such claim, action, or proceeding against the City, and Developer will pay the City’s associated
legal costs and will advance funds assessed by the City to pay for defense of the matter by the City
Attorney. The City will cooperate fully in the defense. Notwithstanding the foregoing, the City
retains the right to settle or abandon the matter without Developer’s consent, but should it do so,
the City shall waive the indemnification herein, except the City’s decision to settle or abandon a
matter following an adverse judgment or failure to appeal shall not cause a waiver of the
indemnification rights herein. Developer shall provide a deposit in the amount of 100% of the
City’s estimate, in its sole and absolute discretion, of the cost of litigation, including the cost of
any award of attorney’s fees, and shall make additional deposits as requested by the City to keep
the deposit at such level. The City may ask for further security in the form of a deed of trust to
land of equivalent value. If Developer fails to provide or maintain the deposit, the City may
abandon the action and Developer shall pay all costs resulting therefrom and the City shall have
no liability to Developer.
8.3 City Right to Abandon. If Developer fails to timely pay the agreed-upon
deposit or to replenish the deposit, City may also abandon any litigation without liability to
Developer and may recover from Developer any attorneys’ fees and other costs for which the City
may be liable as a result of abandonment of any of the Claims or Demands. Under such
circumstances also the City shall have the right to revoke any or all Entitlements and deny the
Project approved for or granted to Developer.
8.4 City Discretion. It is expressly agreed that City shall have the right to
utilize the City Attorney’s office or use other legal counsel of its choosing in responding to or
defending the Claims or Demands. Developer’s obligation to pay the defense costs of City shall
extend until final judgment, including any appeals, unless this Agreement is otherwise terminated
by Developer as described above. The City agrees to fully cooperate with Developer in the defense
of any matter in which Developer is defending and/or holding City harmless. The City may make
all reasonable decisions with respect to its representation in any legal proceeding relating to any
Claims or Demands, including its inherent right to abandon or to settle any litigation brought
against the City in its reasonable discretion.
8.5 Exception. The obligations of Developer under this Section 7 shall not
apply to any claims, actions, or proceedings arising out of the gross negligence or willful
misconduct of the City, its elected or appointed officials, agents, officers, employees, or
attorneys.
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8.6 Survival of Indemnity & Hold Harmless Obligations. All indemnity
and hold harmless provisions set forth in this Agreement shall survive termination of this
Agreement, and shall remain in effect for a period of five (5) years from and after the approval of
all the Entitlements.
9. Assignment. Developer may not assign this Agreement to any other entity unless
agreed to in writing by City and upon proof of the financial viability of the successor entity to
fulfill the Agreement’s obligations. City’s consent to assignment shall not be unreasonably
withheld.
10. Relationship Between the Parties. The Parties agree that this Agreement does not
operate to create the relationship of partnership, joint venture, or agency between City and
Developer. Nothing herein shall be deemed to make Developer an agent of City.
11. Authority to Enter Agreement. Developer warrants that it has the legal capacity
to enter into this Agreement. Each Party warrants that the individuals who have signed this
Agreement have the legal power, right, and authority to make this Agreement and bind each
respective Party.
12. Notices. All notices, demands, invoices, and communications shall be in writing
and delivered to the following addresses or such other addresses as the Parties may designate by
written notice:
To City: City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, California 90275
Attn: Ken Rukavina, Community Development Director
Copy to: Aleshire & Wynder, LLP
18881 Von Karman Ave. Suite 1700
Irvine, CA 92612
Fax: 949-223-1180
Attn: William Wynder, City Attorney
To Developer: York Point View Properties, LLC
2 Horseshoe Lane
Rolling Hills Estates CA 90274
Attn: James York
Copy to: York Point View Properties, LLC
Po Box 2649
Palos Verdes Peninsula CA 90274
Cox, Castle & Nicholson
50 California St. Suite No. 3200
San Francisco, CA 94111
Fax No. (415) 262-5162
Attn: Scott Birkey
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01203.0018/735594.4 ANAVAII_ALWY
Depending upon the method of transmittal, notice shall be deemed received as follows: by
facsimile, as of the date and time sent; by messenger, as of the date delivered; by U.S. Mail first
class postage prepaid, as of 72 hours after deposit in the U.S. Mail; and by email, upon the sender’s
receipt of an email from the recipient acknowledging receipt.
13. Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of this Agreement.
14. Construction; References; Captions. It being agreed the Parties or their agents
have participated in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Unless
otherwise specified, any term referencing time, days, or period for performance shall be deemed
calendar days and not business days, provided, however that any deadline that falls on a weekend
or holiday shall be extended to the next City business day. All references to Developer include all
personnel, employees, agents, and contractors of Developer, except as otherwise specified in this
Agreement. All references to City include its elected officials, appointed boards and commissions,
officers, employees, agents, and volunteers. The captions of the various paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
15. Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
16. Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual right
by custom, estoppel, or otherwise.
17. Binding Effect. Each and all of the covenants and conditions shall be binding on
and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or
assigns. This section shall not be construed as an authorization for any Party to assign any right or
obligation.
18. No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
19. Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
20. Consent to Jurisdiction and Venue. This Agreement shall be construed in
accordance with and governed by the laws of the State of California. Any legal action or
proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the
Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the
appropriate California State Court in the County of Los Angeles, California. Each Party waives
the benefit of any provision of state or federal law providing for a change of venue to any other
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01203.0018/735594.4 ANAVAII_ALWY
court or jurisdiction including, without limitation, a change of venue based on the fact that a
governmental entity is a party to the action or proceeding, or that a federal right or question is
involved or alleged to be involved in the action or proceeding. Without limiting the generality of
the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to
California Code of Civil Procedure section 394.
21. Time is of the Essence. Time is of the essence with respect to this Agreement.
22. Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original and which collectively shall constitute one instrument.
23. Entire Agreement. This Agreement contains the entire agreement between the
Parties and supersedes any prior oral or written statements or agreements between the Parties with
respect to the subject matter of this Agreement.
[SIGNATURES OF PARTIES ON NEXT PAGE]
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01203.0018/735594.4 ANAVAII_ALWY
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Effective Date.
DEVELOPER:
YORK POINT VIEW PROPERTIES, LLC
By:
Its:
CITY:
CITY OF RANCHO PALOS VERDES
By:
Its: ________________________________
ATTEST:
By:
Its:
APPROVED AS TO FORM:
By:
William W. Wynder, City Attorney
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT ’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01203.0018/735594.4 ANAVAII_ALWY
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate ver ifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01203.0018/735594.4 ANAVAII_ALWY
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the with in instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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Page 1 of 15
City of Rancho Palos Verdes
RFP- Environmental Analysis of the Subdivision and Development of the Point View Property
May 24, 2021
City of Rancho Palos Verdes
Request for Proposals
Preparation of an Environmental Impact Report
for a Subdivision and Development Proposal of
6001 Palos Verdes Drive South
(The Point View Property)
Community Development Department
Attention: Octavio Silva, Deputy Director/Planning Manager
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: 310-544-5234 | Email: octavios@rpvca.gov
RFP Release Date: May 24, 2021
Request for Clarification Deadline: June 1, 2021
RFP Submittal Deadline: June 15, 2021
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City of Rancho Palos Verdes
RFP- Environmental Analysis of the Subdivision and Development of the Point View Property
May 24, 2021
Preparation of an Environmental Impact Report
for a Subdivision and Development Proposal of
6001 Palos Verdes Drive South
(The Point View Property)
The City of Rancho Palos Verdes is requesting proposals from qualified
consulting firms to provide professional services the end product of
which will be the preparation of the appropriate type of Environmental
Document in accordance with the California Environmental Quality Act
(CEQA) for a proposed subdivision and residential development
project.
All correspondence and questions regarding this RFP should be submitted via
email no later than June 1, 2021, to:
Octavio Silva, Deputy Director/Planning Manager
octavios@rpvca.gov
To be considered for this project, submit an electronic copy of the proposal to the
above email address by 5:30PM, on June 15, 2021
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Page 3 of 15
City of Rancho Palos Verdes
RFP- Environmental Analysis of the Subdivision and Development of the Point View Property
May 24, 2021
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Project Description and Background Page 4
IV. Scope of Services Page 9
V. Preliminary Project Schedule Page 10
VI. Necessary Qualifications and Submittal
Requirements Page 11
VII. Submission of Proposal Page 13
VIII. Evaluation and Selection Process Page 13
IX. Attachments
Attachment A – Sample Professional Services Agreement
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City of Rancho Palos Verdes
RFP- Environmental Analysis of the Subdivision and Development of the Point View Property
May 24, 2021
I. INTRODUCTION
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal
community, with a population of approximately 42,000 located on the Palos Verdes
Peninsula of southwestern Los Angeles County.
The City is a contract city, meaning that some services are provided by contract with
agencies (both public and private) and some services are delivered by the City’s own
employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under
the Council-Manager form of government since its incorporation in 1973. Policy-making
and legislative authority are vested in the governing City Council, which consists of five
Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and
functions on an annual budget cycle.
The purpose of this document is to provide proposers with the information needed to
submit a proposal for review by the City and, if selected, enter into a Professional Service
Agreement with the City. Enclosed is a blank Professional Services Agreement form for
proposers’ review.
II. PROJECT OBJECTIVE
The City is requesting proposals from qualified consulting firms to provide professional
services the end product of which will be the preparation of the appropriate type of
Environmental Document in accordance with the California Environmental Quality Act
(CEQA) for a proposed subdivision and residential development project . The proposed
project is a subdivision of the south and west portion of the project site to create 37 single-
family lots, one estate lot, 11 landscape lots, six private street lots and one lot for detention
basin as further described below:
III. PROJECT DESCRIPTION AND BACKGROUND
Site Description
The project site, known alternately as “Point View” or “Lower Filiorum,” is located along
the south-central coastline of the City at 6001 Palos Verdes Drive South. The project site
is approximately 94 acres in area, and is in an area designated by the City’s Land Use
Policy Map and Zoning Map for single-family residential use at densities of 1 to 2 units
per acre. The site is bounded by Wayfarers Chapel to the east, single -family residential
neighborhoods (Portuguese Bend and Upper Abalone Cove) to the north and west, and
Palos Verdes Drive South and the City’s Abalone Cove Beach Park to the south as
outlined in Figure No. 1 below. The terrain of the project site generally slopes upward
from Palos Verdes Drive South, with some slope areas in excess of thi rty-five (35)
percent. The property is zoned Single-Family Residential, with approximately 86 acres
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City of Rancho Palos Verdes
RFP- Environmental Analysis of the Subdivision and Development of the Point View Property
May 24, 2021
of the Point View Property located within the RS-1 zoning district, and 8 acres located
within the RS-2 zoning district. Additionally, approximately 46.82 acres of the property are
located outside the City’s Landslide Moratorium Area (LMA) and approximately 48.18
acres of the property are located within the City’s LMA.
Figure No. 1- Project Site
In 2013, the City’s Planning Commission approved a Conditional Use Permit (CUP) and
a Mitigated Negative Declaration (MND) for the Point View Master Use Plan. The CUP
authorized 25.5-acres of agricultural uses; a golf course composed of five tee locations,
two greens with nine holes, and sand traps; a paved internal driveway; and site
improvements to host 30 public or private events per year at the Catalina View Event
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City of Rancho Palos Verdes
RFP- Environmental Analysis of the Subdivision and Development of the Point View Property
May 24, 2021
Garden. The site improvements include an approximately 190 ft2 structure referred to as
the “cook shack” building, a 190 ft2 restroom building, an outdoor fireplace, and an on -
site parking area. As part of the agricultural uses, the project site is also improved with
avocado orchards, flower and vegetable gardens, a trellis, concrete patios, walkways, a
chicken coop, agricultural and equipment sheds, internal driveway and a 607 ft 2
temporary manufactured home. A major component of the project site’s agricultural uses
is an approximately 4-acre vineyard. The Point View Master Use Plan CUP and
associated MND have both been revised over the years as part of annual CUP
Compliance Review Reviews conducted by the City’s Planning Commission.
In 2020, the City’s Planning Commission approved development applications for the
construction of a new 7,375 ft2 two-story residence with a 611 ft2 detached accessory
dwelling unit and ancillary site improvements in support of the new residential structures.
These improvements were approved to be located on the LMA portion of the property as
outlined in Figure No. 2 below pursuant to the City’s approval of an exception to the
Landslide Moratorium in the LMA. This development was subject to its own CEQA
environmental review, and thus would not be included in the CEQA review for this project.
Figure No. 2- Approved Residential Development
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The site is also adjacent to the City’s proposed NCCP Preserve, with portions of the
property expected to be dedicated to the NCCP Preserve post-development. The impact
of the NCCP was the subject of litigation, which lead to a judgment which provides the
NCCP provisions related to the project site are inapplicable. The City has appealed the
judgment and the result of that appeal, as well as the timing of the result, are unknown.
The environmental analysis of the project needs to consider environmental impacts of the
project and mitigation measures in two scenarios (or consider one scenario as an
alternative to the project as proposed), one in which the project site is not subject to the
NCCP and one in which it is.
The project site is adjacent on the northeast side to an approximately 30 -acre parcel
donated to the City of Rancho Palos Verdes by the York Point View Properties. The EIR
may consider whether this donated parcel may be used as mitigation for impacts of the
project to biological resources.
Application History
On December 18, 2018, the project Applicant, Hunsaker & Associates, submitted a
Tentative Tract Map & Environmental assessment application (Case No. PTLM2018-
0001) for the proposed subdivision and residential development of the project site. Based
on a review of the plans and application materials submitted at the time, staff deemed the
application incomplete for processing on January 18, 2019. Since then, the Applicant
submitted revisions to the application documents on a number of occasions with the final
submittal of information on October 2020. Staff deemed the application complete for
processing on December 4, 2020, after additional clarifying information was provided.
Development Proposal
As part of the proposed project, the Applicant submitted applications for a Vesting
Tentative Tract Map, Conditional Use Permit/Conditional Use Permit Revision, Major
Grading Permit, Site Plan Review and Landscape Plan Review. The proposed project
includes the following:
• Subdivision of the project site to create 37 single-family lots, one estate lot, 11
landscape lots, six private street lots and one lot for detention basin, as highlighted in
Figure No. 3 below:
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Figure No. 3- Proposed Subdivision
• Development of 37 single-family residences, as a Residential Planned Development
including affordable housing as per Section 17.11 (Affordable Housing) of the Rancho
Palos Verdes Municipal Code;
• Conducting approximately 3 million cubic yards of project grading including remedial
work and grading to accommodate the residential lots, streets and slope areas;
• Construction of ancillary site improvements including, but not limited to, landscaping,
infrastructure, and signage; and
• Revise the Point View Master Use Plan to accommodate the relocation of the existing
executive golf-course along with associated project components.
In addition to the project scope above, the EIR should also address the variety of
environmental issues that would normally be associated with a residential project of this
size and scope. These issues could include, but not be limited to, land use and planning;
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population and housing; geologic problems; water; air quality; transportation/circulation;
biological resources; hazards; noise; public services; utilities and service systems,
aesthetics; cultural resources; recreation; and mandatory findings of significance. Please
note that the Applicant has prepared several technical studies including geology and
hydrology that will be available to augment the EIR analysis of these issues. The ideal
Consultant candidate will have available resources and person nel, either in-house or
under subcontract, to prepare a comprehensive analysis of the likely environmental
impacts of the proposed future development project.
IV. SCOPE OF SERVICES
SCOPE OF WORK
The following items and elements are expected or may be required in the process of
preparing the Environmental Document for this project:
• Preparation and Circulation of Initial Study;
• Preparation and Circulation of Notice of Preparation;
• AB 52 Consultation;
• Conduct Project Scoping Meeting;
• Preparation and Circulation of Draft EIR;
• Preparation and Circulation of Responses to Comments on the Draft EIR;
• Preparation and Circulation of a Mitigation and Monitoring Program;
• Preparation and Circulation of the Final EIR;
• Noticing of and attendance at Planning Commission, City Council or other Public
Meetings; and
• Preparation and Posting/Circulation of Notice of Determination
The purpose of the Environmental Document is to compl y with CEQA in connection with
the City’s consideration of development applications that have been filed for a subdivision
and residential development project located at 6001 Palos Verdes Drive South, Rancho
Palos Verdes. The components of the project description are discussed below. Due to
pending litigation regarding the applicability of a conservation plan to the project site, it
will be necessary to consider two scenarios (or consider one scenario as an alternative
to the project as proposed) in analyzing environmental impacts of the project. This may
impact several of the tasks described above.
Consultant shall complete other tasks deemed necessary for the accomplishment of a
complete and comprehensive outcome as described in the project objective. Consultant
shall expand on the above-noted tasks, where appropriate, and provide suggestions
which might lead to efficiencies and enhance the results or usefulness of the work.
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Deliverables
As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City.
1. Initial Study and Notice of Preparation
2. Project Scoping Meeting Agenda, Presentation and Related Materials
3. Draft EIR
4. Response to Comments on Draft EIR
5. Final EIR & Mitigation Monitoring Plan
6. Public Hearing Presentations and Related Meeting Materials
7. Notice of Determination
City staff may request that check-sets or working versions of documents be submitted for
ongoing routine review. City staff will review all deliverables, including preparatory or
record materials for service deliverables, and provide comments. Consultant is required
to revise draft deliverables to address City staffs’ comments.
V. PRELIMINARY PROJECT SCHEDULE
A. RFP Schedule
The following is the anticipated schedule for the RFP process:
Request for Proposal available May 24, 2021
Request for Clarification due June 1, 2021
Proposals due June 15, 2021
Firm Interviews (if necessary) June 22, 2021
Anticipated Notice of Award July 20, 2021
B. Anticipated Project Schedule
Initial Study & Notice of Preparation October 2021
Project Scoping Meeting Agenda, Presentation &
Related Materials October/November 2021
Draft EIR January 2021
Response to Comments on Draft EIR March 2022
Final EIR & Mitigation Monitoring Plan May 2022
Public Hearing Presentation &
Related Meeting Materials June/ July 2022
Notice of Determination August 2022
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Please note that this schedule is preliminary. It is included to provide the Consultant with
a sense of the expected timeline for the Scope of Service and emphasize the urgent
nature of the work and the City’s expectation that the Scope of Services will be completed
as quickly as possible. The ideal Consultant candidate will have available resources and
personnel, either in-house or under subcontract, to ensure the completion of the Scope
of Services at the earliest possible time.
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be typed and as brief as possible while adequately
describing the qualifications of the firm and any subconsultants. The final
submittal shall be sent as a PDF via email to Octavio Silva, Deputy
Director/Planning Manager at octavios@rpvca.gov.
3. The proposing firm shall submit the following information with the package,
including the same information for subcontractors, in the following format:
a) Cover Letter: Provide the name, address, and phone number of the firm;
the present staff (size, classification, credentials); the primary contact’s
name, phone number, and email address; any qualifying statements or
comments regarding the proposal; and identification of any sub-consultants
and their responsibilities. Identify the firm’s type of organization (individual,
partnership, corporation), including names and contact information for all
officers, and proof that the organization is currently in good standing. The
signed letter should also include a paragraph stating that the firm is unaware
of any conflict of interest in performing the proposed work. (No more than
two pages)
b) Approach to Scope of Services: Re-state the Scope of Services with any
additions, expansions, clarifications, or modifications that the firm proposes
in order to provide the services and produce the deliverables contained in
this RFP. Describe how completing the Scope of Services will be
approached and any cost-saving or value-adding strategies or innovations
the firm will bring to the project. (No more than two pages)
c) Organization and Staffing: Identify the person who will be the Project
Manager and primary contact person responsible for the overall delivery of
the project. Provide an organizational chart of the project team that clearly
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delineates communication and reporting relationships among the proje ct
staff and among the sub-consultants involved in the project. Identify key
personnel to perform work in the various tasks and include major areas of
subcontracted work. Indicate the expected contributions of each staff
member in time as a percentage of the total effort. Specifically show the
availability of staff to provide the necessary resource levels to meet the
City’s needs. Indicate that the Project Manager and key staff will remain
assigned to this project through completion of the Scope of Services. (No
more than two pages)
d) Staff Qualifications and Experience: Describe qualifications of the assigned
staff and sub-contractors including relevant technical experience. Staff
assigned to complete the Scope of Services must have previous experience
in providing the necessary services as described under the Scope of
Services. A certified professional must be the Project Manager.
Description of Consultant’s experience should include:
• Prior Experience: Demonstrate that the firm has significant experience
providing services similar to those described under the Scope of
Services. (No more than two page)
• Staff Qualifications: Provide resumes for the Project Manager and any
other key staff members to be assigned to contribute to the Scope of
Services, with an emphasis on similar services which they provided to
other agencies. (No more than ten pages)
• Reference Projects: Include at least three projects with similar scope of
services performed by the project team within the past three years and
indicate the specific responsibilities of each team member on the
reference project. Provide contact information for each client. (No more
than ten pages)
e) Project Schedule: Provide a detailed critical-path-method schedule for
completion of the tasks and sub-tasks required to accomplish the scope of
work. Note all deliverables and interim milestones on the schedule. (No
more than one 11” x 17” page)
f) Quality Control Plan: Describe the quality control procedures and
associated staff responsibilities which will ensure that the deliverables will
meet the City’s needs. (No more than one page)
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g) Acceptance of Conditions: State the offering firm’s acceptance of all
conditions listed in the Request for Proposal (RFP) document and Sample
Professional Services Agreement (Attachment D). Any exceptions or
suggested changes to the RFP or Professional Services Agreement (PSA),
including the suggested change, the reasons therefore and the impact it
may have on cost or other considerations on the firm’s behalf must be stated
in the proposal. Unless specifically noted by the firm, the City will rely on the
proposal being in compliance with all aspects of the RFP and in agreement
with all provisions of the PSA. (No more than one page)
VII. Submission of Proposal
A. Requests for Clarification
Requests for clarification of the information contained herein shall be
submitted in writing prior to 5:30 pm on June 1, 2021. Responses to any
clarification question will be provided to each firm from which proposals
have been requested. It is highly recommended that the prospective
consultant firms visit the City to view the project location prior to submitting
a request for clarification.
B. Confirmation Email
Upon submission of proposal to the City, the proposing firm shall request
an email confirmation that the proposal was received and retain the email
as a record. If an email confirmation is not received, the proposing firm shall
correspond with the City until a confirmation is received.
VIII. EVALUATIONS AND SELECTION PROCESS
1. Proposals Will be Evaluated Based on the Following Criteria:
a) Approach to Scope of Services (25%)
• Understanding of the Scope of Services as demonstrated by the
thoroughness of the proposal, introduction of cost-saving or value-
adding strategies or innovations (including those applying to overall
project schedule), and an overall approach most likely to result in the
desired outcome for the City.
b) Proposal Schedule (20%)
• Ability to complete the work in the shortest schedule possible
(excluding time for review and community meetings).
c) Staff Qualifications and Experience (30%)
• Relevance of experience of the proposing firm (to provide support
resources to the project team)
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• Relevance of experience and strength of qualifications of the Project
Manager
• Relevance of experience and strength of qualifications of the key
personnel performing the work
• Relevance of referenced projects and client review of performance
during those projects
d) Organization and Staffing (15%)
• Availability of key staff to perform the services throughout the
duration of the project
• Assignment of appropriate staff in the right numbers to perform the
Scope of Services
• Appropriate communication and reporting relationships to meet the
City’s needs
e) Quality Control (10%)
• Adequate immediate supervision and review of staff performing the
work as well as appropriate independent peer review of the work by
qualified technical staff not otherwise involved in the project.
2. Selection Process
Department staff will review all proposals submitted and select the top
proposals. Staff will select the proposal, if any, which best fulfills the City’s
requirements. The City may negotiate the fee with that firm. The City
reserves the right to negotiate special requirements and proposed service
levels using the selected proposal as a basis. If the City is unable to
negotiate an agreeable fee for services with top firm, the City will negotiate
with the next firm chosen among the top firms.
3. Award Notification
The City will notify all proposers in writing of the outcome of the selection
process and intent to award. This RFP does not commit the City to award
an agreement, nor pay any costs incurred in the preparation and submission
of the proposal in anticipation of an agreement. The City reserves the right
to reject any or all proposals, or any part thereof, to waive any formalities or
informalities, and to award the agreement to the proposer deemed to be in
the best interest of the City and the Department.
4. Award of Agreement
The selected firm shall be required to enter into a written agreement (see
sample City agreement in Attachment A) with the City, in a form approved
by the City Attorney, to perform the Scope of Services. This RFP and the
proposal, or any part thereof, may be incorporated into and made a part of
the final agreement; however, the City reserves the right to further negotiate
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the terms and conditions of the agreement with the selected consultant. The
agreement will, in any event, include a maximum "fixed cost" to the City.
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Attachment “A”
01203.0006/695867.1 EQG 1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
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01203.0006/695867.1 EQG
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and
entered into on , 2020, by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and , a [form of company]
(“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
hereunder and that all materials will be both of good quality as well as fit for the purpose
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Attachment “A”
01203.0006/695867.1 EQG 2
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 of Industrial Relations (DIR) determinatio n 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 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
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Attachment “A”
01203.0006/695867.1 EQG 3
Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Consultant shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of
its subconsultants shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor
constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Consultant or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of
eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code
Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
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Attachment “A”
01203.0006/695867.1 EQG 4
Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Consultant shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Consultant shall be required to take all
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the Contract Officer 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 damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City’s own negligence.
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Attachment “A”
01203.0006/695867.1 EQG 5
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 fifteen percent (15%)
of the Contract Sum; or, in the time to perform of up to ninety (90) 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.
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Attachment “A”
01203.0006/695867.1 EQG 6
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed $XXX ( 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 performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, 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 forty-five (45) days of receipt of Consultant’s correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
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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 ninety (90) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding
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[INSERT PERFORMANCE PERIOD] from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit “D”). The City may, in its discretion, extend the Term by
[INSERT NUMBER OF EXTENSIONS IF APPLICABLE] additional [INSERT DURATION
OF EXTENSIONS IF APPLICABLE]-year terms.
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:
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only 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 perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors,
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance. 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
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01203.0006/695867.1 EQG 9
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 or such person as may be
designated by the Public Works Director. 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 twenty five percent (25%) of the present ownership and/or control
of Consultant, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Consultant or any surety of Consultant of any liability
hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
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Without limiting Consultant’s indemnification of City, and prior to com mencement 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
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.
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01203.0006/695867.1 EQG 11
(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 provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
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01203.0006/695867.1 EQG 12
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
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01203.0006/695867.1 EQG 13
(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
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
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01203.0006/695867.1 EQG 14
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
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
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01203.0006/695867.1 EQG 15
uncompleted documents without specific written authorization by the Consultant will be at the
City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered “voluntary”
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
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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 fifteen (15) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during the period of default. If Consultant does not cure the default, the City may take
necessary steps to terminate this Agreement under this Article. Any failure on the part of the City
to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s
legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
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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 termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. 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
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.
C-33
Attachment “A”
01203.0006/695867.1 EQG 18
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 Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
C-34
Attachment “A”
01203.0006/695867.1 EQG 19
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees,
incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in
the case of the Consultant, to the person(s) at the address designated on the execution page of
this Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
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
C-35
Attachment “A”
01203.0006/695867.1 EQG 20
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration,
or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
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]
C-36
Attachment “A”
01203.0006/695867.1 EQG 21
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Eric Alegria, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
C-37
01203.0006/695867.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
C-38
01203.0006/695867.1 EQG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2021 before me, ________________, personally appeared ________________, proved to me o n
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
C-39
01203.0006/695867.1 EQG A-1
EXHIBIT “A”
SCOPE OF SERVICES
[ATTACH SCOPE OF SERVICES FROM PROPOSAL]
C-40
01203.0006/695867.1 EQG B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]
C-41
01203.0006/695867.1 EQG C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
[INSERT COMPENSATION FROM PROPOSAL]
C-42
01203.0006/695867.1 EQG D-1
EXHIBIT “D
[INSERT SCHEDULE OF PERFORMANCE FROM PROPOSAL]
C-43
633 W 5th Street, 26th Floor
Los Angeles, CA 90071
(213) 235-4770
City of Rancho Palos Verdes
Proposal for the Preparation of an EIR
for a Subdivision and Development at
6001 Palos Verdes Drive South
(The Point View Property)
Prepared For:
Community Development Department
Attention: Octavio Silva, Deputy Director/Planning Manager
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Due: August 20, 2021
D-1
0 Table of Contents
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR
A. Cover Letter ................................................................................................................................ 1
Certificate of Status ..................................................................................................................... 3
B. Approach to Scope of Services .................................................................................................... 4
Project Understanding ................................................................................................................. 4
CEQA Approach ........................................................................................................................... 4
Scope of Work ............................................................................................................................. 4
C. Organization and Staffing ......................................................................................................... 24
Primary Contact ........................................................................................................................ 24
Organizational Chart .................................................................................................................. 25
D. Staff Qualifications and Experience .......................................................................................... 26
Residential Subdivision Project Experiences ............................................................................... 26
Resumes .................................................................................................................................... 28
References ................................................................................................................................ 38
E. Project Schedule ....................................................................................................................... 41
F. Quality Control Plan.................................................................................................................. 42
Quality Assurance /Quality Control ............................................................................................ 42
EcoTierra Budget Cost Control Approach ................................................................................... 42
G. Acceptance of Conditions ......................................................................................................... 43
H. Cost .......................................................................................................................................... 44
D-1
Revised
August 20, 2021
Octavio Silva, Deputy Director/Planning Manager
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Octavios@rpvca.gov
RE: Proposal to Prepare an Environmental Impact Report for the 6001 Palos Verdes Drive South (The
Point View Property) Project
Dear Mr. Silva,
EcoTierra Consulting, Inc. (“EcoTierra”) is pleased to present this proposal to provide environmental
consulting services for the 6001 Palos Verdes Drive South (The Point View Property) Project (the
“Project”) for the City of Rancho Palos Verdes (“City”). This proposal has been prepared in response to
the Request for Proposal (“RFP”) posted by your office on May 24, 2021. EcoTierra received the RFP
request for Clarifications and Responses on June 9, 2021. As requested in the RFP, our submission
consists of one electronic copy of this proposal.
EcoTierra is an environmental consulting firm (Subchapter S Corporation) that specializes solely in
providing environmental analysis and documentation to public and private sector clients. The founding
Principals, Curtis Zacuto and Craig Fajnor, established the firm in 2010, after previously serving as the
Senior Vice Presidents for a Southern California CEQA firm. Mr. Zacuto and Mr. Fajnor have over 60
years of collective experience in CEQA compliance and document preparation. EcoTierra’s success is
based upon the success of projects and partnerships that EcoTierra builds with each client.
We maintain three offices: Downtown Los Angeles (corporate headquarters, 633 W. 5th Street, 26th
Floor, Los Angeles, CA 90071), Westlake Village and Walnut Creek. EcoTierra is comprised of nine
experienced CEQA/NEPA professionals with extensive environmental analysis experience. Staff
includes: two Principals, two Senior Project Managers, two Project Managers, one Senior Environmental
Planner, one Senior Analyst, and one Environmental Analyst. A description of key staff and their
credentials for this project is provided in Section D., Staff Qualifications and Experience, of this proposal.
Our proposal demonstrates a wide variety of experiences with residential subdivisions in natural areas,
such as the development of the Paradise Ranch IS/MND, located in 85-acre rural area in Chino Hills, to
the Mountaingate Planned Community EIR located in the City of Los Angeles which consisted of 117
single-family homes on 281 acres in the last undeveloped phase. A description of our subdivision
experience for this project is provided in Section D., Staff Qualifications and Experience.
EcoTierra also has a wide experience with urban infill redevelopment sites involving residential uses,
mixed use, commercial, and retail uses. The range of projects we have provided demonstrate that we
are capable of preparing environmental analysis on a range of projects that are large and small,
including analysis on policy documents, as well as peer reviews. Due to our depth of experience, we can
D-1
Mr. Octavio Silva, Deputy Director/Planning Manager
City of Rancho Palos Verdes
August 20, 2021
Page 2
provide expert technical testimony before the City’s decision-making bodies. As a small firm, we are
nimble and cost effective and are not encumbered by large corporate structure and overhead.
For this Project, to provide biological and cultural resource expertise, we have teamed with SWCA
Environmental Consultants, Inc. (“SWCA”), and to provide traffic and transportation expertise, we have
teamed with Gibson Transportation Consulting, Inc. (“Gibson”).
We believe our work experience with residential projects throughout Southern California provides the
ideal background for the City to assist in achieving the goal of environmental clearance on the Project.
The corporation is currently in good standing (please see attached certification from the California
Secretary of State). EcoTierra has reviewed the RFP and is unaware of any conflict of interest in
performing the proposed work. We appreciate the opportunity to submit this proposal and look
forward to the possibility of working with you on this challenging assignment. Please feel free to contact
me at (818) 356-9496 if you have any questions or require any additional information regarding this
proposal.
Sincerely,
EcoTierra Consulting, Inc.
Curtis Zacuto
Principal
Corporate office and local office is located at:
633 West 5th Street, 26th Floor
Los Angeles, California 90017
(818) 356-9496
Company does not have a fax number
http://www.ecotierraconsulting.com/
curtis@ecotierraconsulting.com
Attachment
D-1
D-1
B Approach to Scope of Services
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 4
PROJECT UNDERSTANDING
The Project Site known alternately as “Point View” or “Lower Filiorum,” is located along the south-central coastline
of 6001 Palos Verdes Drive South in the City of Rancho Palos Verdes (City). The Project Site a 94-acre area which
would include the development of a subdivision to create 37 single-family lots, one estate lot, 11 landscape lots,
six private street lots and one lot for a detention basin.
CEQA APPROACH
This proposal outlines a pathway for EcoTierra to prepare documentation to support preparation of an
Environmental Impact Report (EIR) for the Project.
SCOPE OF WORK
EcoTierra will serve as the prime consultant and project manager for the production of the environmental
documentation for the Project. The Scope of Work that the consultant team will undertake to prepare and
complete is described below.
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.
D-1
Approach to Scope of Services
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 5
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 1b: Project Description
Because the project description is the basis 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 Description.
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 needs 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 that 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 of these 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.
D-1
Approach to Scope of Services
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 6
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 Existing Conditions
§ Identify the existing air quality setting in the area.
§ Identify greenhouse gases and their associated impacts to global climate change.
§ Identify thresholds of significance for the criteria pollutants and greenhouse gases.
Task 2 Air Quality and Greenhouse Gas Emissions Analyses
§ 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 pollutant and GHG emissions associated 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 Impact Analysis
§ Identify the existing energy use conditions and the applicable federal, state, and local rules and regulations
pertaining to Energy use.
D-1
Approach to Scope of Services
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 7
§ 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 Noise Setting
§ 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.
D-1
Approach to Scope of Services
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 8
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 and 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 substantiating findings.
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
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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
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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 of this 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
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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-Breeding 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:
1. An introduction describing the project location and environmental setting;
2. A description of the methods used and the results of the field survey, and discussion of the potential
occurrence for special status species;
3. A summary of pertinent NCPP/HCP, state and federal regulations;
4. An impact analysis of the proposed development;
5. Mitigation measures designed to avoid, reduce or mitigate predicted project impacts;
6. Recommendations for future and/or additional studies; and
7. 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 (USACE).If potential jurisdictional features are identified during the filed surveys outlined 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:
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• 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
the 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 milkvetch 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 for the Project. The following tasks are anticipated to be
required for the analyses:
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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
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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-à-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 project area. SWCA will assist the City 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
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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 (OHP’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
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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 (MMP) 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 intersections integral to the site access and circulation plan. Additional intersections may be
necessary as determined by the City.
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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 VMT screening.
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
determine whether, during this interim period, older traffic counts of the study locations 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 Forecast 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.
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Non-CEQA Transportation Analysis
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:
a) 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.
b) 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.
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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 EIRs 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.
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Approach to Scope of Services
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 20
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
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Approach to Scope of Services
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 21
§ 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 the following:
§ 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 after
Project development and potential cumulative impacts.
Task 4b: Review/Revision of Administrative Draft EIR
When the first draft of the EIR is complete, the relevant materials will be consolidated into the preliminary
Administrative Draft EIR. Copies of the Administrative Draft EIR will be submitted to the City for review. EcoTierra
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 with technical 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 responsible 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
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Approach to Scope of Services
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 22
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)(1), 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 5a: 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.
Deliverables:
§ 1 (one) PDF version and 5 (five) bound copies of Administrative Final EIR with MMRP.
Task 5b: 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 5c: 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.
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Approach to Scope of Services
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 23
EcoTierra will prepare the Notice of Determination (NOD), per the City’s preferred format and will give to City
staff for review. EcoTierra will be responsible for circulating the NOD to the State Clearinghouse.
Deliverables:
§ 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.
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C Organization and Staffing
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 24
PRIMARY CONTACT
Mr. Curtis Zacuto from our Westlake Village office will serve as Principal In-Charge. Ms. Katrina Hardt-Holoch,
AICP, will be the day-to-day Project Manager. Mr. Zacuto and Ms. Hardt-Holoch will be the contacts for the overall
delivery of the Project.
EcoTierra can provide sufficient staff resources at any given time. In addition to the key personnel described
below, our staffing availability includes staff from all our offices. Although EcoTierra is a large enough firm to have
the resources to staff the project, we provide all our clients with the utmost personal professional
services. Furthermore, key staff will remain assigned to the Project through completion of the Scope of Services.
Table 1, Allocation of Resources for CEQA Services shows the percentage breakdown of the workload by staff
titles.
Table 1:
Allocation of Resources for CEQA Services
Task Task Workload Expected Contributions By Percentage By Staff
Curtis
Zacuto,
Principal
Katrina
Hardt-
Holoch,
Senior
Project
Manager
Jenny
Mailhot,
Project
Manager
Katie
Wilson,
Air
Quality/
Noise
Specialist
Marisa Wyse,
Environmental
Planner
Graphics
/Word
Processing
Admin.
CEQA
Services 30% 40% 60% 20% 60% 10% 5%
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EcoTierra Consulting, Inc.
Katrina Hardt-Holoch, AICP
Regional Manager Northern California
Senior Project Manager
Figure 1
Organization Chart
City of Rancho Palos Verdes
Lead Agency
EcoTierra Consulting, Inc.
Curtis Zacuto
Principal/Owner
Principal-In-Charge
Jenny Mailhot
Project Manager
Environmental Documentation
Marisa Wyse
Environmental Planner
Environmental Documentation
Katie Wilson
Air Quality and Noise Specialist
Environmental Documentation
SWCA, Inc.
Visual Simulations
Biological Resources
Cultural Resources
Gibson Transportation Consulting, Inc.
Transportation/Traffic
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D Staff Qualifications and Experience
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 26
EcoTierra’s project experience brings an in-depth and unique understanding of the environmental issues and
constraints that exist in a City like Rancho Palos Verdes. We have extensive experience in subdivision projects
located in a natural environment. Our project experience also includes jurisdictions facing redevelopment of
urbanized areas in the form of in-fill development resulting in intensification of density/uses.
RESIDENTIAL SUBDIVISION PROJECT EXPERIENCES
§ City of Chino Hills, Paradise Ranch (IS/MND). EcoTierra is currently preparing an IS/MND for an 85.2-
acre Project Site is located in a rural area at 16200 and 16220 Canyon Hills Road. The Project would
demolish the 1,250 square foot, three bedroom residential use, barn, and stables. The applicant is
proposing to subdivide the 85-acre property into a total of 52 lots. Lots 1 through 50 will range from a lot
size of 7,200 square feet to 12,412 square feet. Lot 51 will maintain the existing residential structure on-
site and Lot 52 will remain vacant native land.
§ City of Santa Clarita, Keystone (EIR). EcoTierra staff prepared an EIR on a proposed 246--acre subdivision
that consisted of 979 dwelling units (96 single--family and 216 multi--family), 667 townhouse units, 1,600--
student middle school and 30,000 square foot community fitness facility. The proposal included a trail
system and parks as well as a connector road to provide access to the site. Community concerns were
associated with potential cut-through traffic in existing residential neighborhood and visual impacts.
§ City of Simi Valley, Parker Ranch EIR. EcoTierra staff prepared and managed the Project EIR for the City
of Simi Valley on the proposed 256-acre subdivision project. The project consisted of the site into 195-
single family homes and 324 multi-family apartments. The development was proposed on 95 acres with
the remaining acreage to be left as open space and dedicated to the Rancho Simi Recreation and Park
District. Access to the site would be provided from Los Angeles Avenue through a new street that would
be extended into the site with an at-grade crossing of the Union Pacific Railroad. Three emergency access
routes would also be provided. Community concerns were related to the loss of open space (visual) and
additional traffic for the area. The public agency was also concerned with emergency access to the site
given the location of the adjoining railroad tracks by which the main project entrance crossed.
§ City of Moorpark, Moorpark County Club Estates Expansion (Supplemental EIR). EcoTierra staff prepared
a supplemental environmental document to the Moorpark Country Club Estates EIR. The project site is
composed of two parcels, known as the Husted parcel (Development Agreement Number 2004-01) which
is 43.04 acres in size, and the Mazur parcel (Development Agreement Number 2004-02) which is 28.69
acres in size. The Husted parcel is currently undeveloped, and the Mazur parcel has a residence and guest
house on the site. The proposed project would consist of the site work, and construction for 87 single
family homes in total over two separate parcels.
§ City of Los Angeles, Mountaingate South Residential (EIR). EcoTierra staff prepared an EIR for the
Mountaingate South Residential Project. The project consisted of 117 single-family homes on 281 acres
on the last undeveloped phase of Mountaingate. The remaining 220 acres would be dedicated as
permanent open space. Development of the project would involve movement of over 2.1 million cubic
yards of dirt. Community concerns for this project included potential obstruction of views, additional
traffic and emergency access to the site. The environmental topics addressed in the screen check Draft
EIR included seismic and grading, traffic, air quality, noise, viewshed analysis, utilities, public services and
safety. Community concerns were associated with additional traffic and loss of open space.
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Staff Qualifications and Experience
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 27
§ City of Los Angeles, Canyon Hills Project (EIR). EcoTierra staff prepared an EIR for the Canyon Hills project.
The project consisted of the development of 280 single-family homes on subdivided residential lot, an
equestrian park and approximately 693 acres of open space. Site development consisted of (1) grading
for building pad sites, access and other necessary improvements, (2) the construction of homes, storm
drainage facilities and access improvements, (3) the installation of utilities (e.g., water lines, fire hydrants,
and sewers), and (4) the landscaping of common areas. This project included an extensive alternatives
analysis, including (A) No Project Alternative; (B) Development Area A Only (280 Homes); (C) Duke
Property Alternative Access (280 Homes); (D) Reduced Density Alternative (87 Homes); and (E) Reduced
Density Alternative (210 Homes).
§ Unincorporated Los Angeles County, Bee Canyon Residential Development (EIR). EcoTierra staff
prepared an EIR for the Bee Canyon residential project. The proposed project site is located in
unincorporated LA County, bounded by the Antelope Valley Freeway (CA-14) to the north and Soledad
Canyon Road on the south, west of the Agua Dulce Canyon Road. The project proposes the development
of 568 factory-built single-family residential units on approximately 211 acres. The project will also
include one recreation lot, six park lots, one flood control lot and 11 open space lots, to be managed by
the homeowners’ association. Development will occur on approximately 135 acres; the remainder of the
site, approximately 76 acres, will be retained in a natural and undisturbed condition.
§ City of Calabasas, Calabasas Village (EIR). EcoTierra staff prepared an EIR for a 175,000 square foot
residential, retail and restaurant on a 5.38-acre site. The four-story building would include retail at ground
level (13,000 square feet) and residential condominiums (79 units) on levels one through four. The project
would provide a total of 302 parking spaces in surface and one-level subterranean parking structure.
§ Riverside County, Cameron Ranch Residential Subdivision Project (EIR). EcoTierra staff prepared an EIR
for the Cameron Ranch Residential Subdivision Project. The proposed project would develop
approximately 154 single-family residential pads on an approximately 609-acre site. Residential pads
would range from less than about 0.5 acre to approximately 1 acre. The proposed project would also
include the installation of associated infrastructure.
§ County of San Mateo, Thomas Subdivision Project (EIR). EcoTierra staff prepared an EIR for the Thomas
Subdivision Project. The proposed project will subdivide six legal parcels, which make up the project site,
into 25 single-family lots in the unincorporated San Mateo Highlands area of San Mateo County. The site
is a large sandstone outcrop, which was found to have significant geotechnical constraints. The
undeveloped project site is surrounded by single-family homes: the Baywood Park neighborhood is
located to the northeast; the Enchanted Hills neighborhood is located to the southeast and southwest;
and the Starlite Heights neighborhood is located to the northwest.
§ Rockville Trails Estates Residential Subdivision (EIR). EcoTierra staff prepared an EIR for the Rockville
Trails Estates Residential Subdivision Project. The project site is composed of approximately 1,580 acres
of rolling hills located in the central Solano County. Development of the Proposed Project includes: a total
of 370 single-family residential lots, with 354 lots (1-acre/each) located within the western Rural
Residential area and 16 units (20-acre/each minimum) within the eastern Agriculture area. Development
of the proposed project also included: park facilities, water supply system, wastewater treatment plant,
and a fire station.
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CURTIS ZACUTO / PRINCIPAL
Experience Summary
Mr. Curtis Zacuto, Co-Founder and Principal of EcoTierra Consulting, Inc., has more than 33 years of
experience in environmental planning and project management. Mr. Zacuto has served in a senior position
at previous consulting firms and has worked for a public university as a principal campus environmental
planner. Mr. Zacuto specializes in urban and rural projects and has managed large and complex and
controversial projects in the Los Angeles area and throughout the Southern California region. Mr. Zacuto’s
background in private and public sector planning has resulted in a comprehensive understanding of the
complex relationships between land use regulations, environmental impact and project implementation.
Education Background and Professional Affiliations
§ M.U.R.P. in Planning – California State Polytechnic University, Pomona
§ B.A. in Sociology – UCLA
§ American Planning Association (APA)
§ Association of Environmental Planners (AEP)
Project Experience
§ 6th/Harvard Mixed Use Hotel EIR
§ 1633 26th Street
§ 8950 Sunset Hotel EIR
§ Anaheim Hills Holden Senior Housing CatEx
§ Antelope Valley Enterprise Zone EIR
§ Bee Canyon Residential Development EIR
§ California Lutheran University Master Plan EIR
§ Calabasas Village EIR & Addendum
§ Canyon Hills EIR
§ City of Lancaster MEA/General Plan Update EIR
§ City of Sierra Madre MEA/General Plan Update
§ City of South Pasadena General Plan Update EIR
§ Community Recycling & Resource Center EIR
§ Crescent Hts. Condominium Project EIR
§ Franklin Avenue Apartment Project EIR
§ Gower/Hollywood Condominium Project EIR
§ Imperial Beach Housing Element ND
§ Keystone Subdivision Project EIR
§ LAC+USC Medical Center Master Plan EIR
§ La Mesa Housing Element ND
§ LA Verne Baseline Road SFR/Annexation MND
§ Magnolia Avenue Condominium Project EIR
§ Malibu Valley Inn & Spa Resort Hotel EIR
§ Moorpark County Club Estates EIR
§ Morrison Hotel EIR
§ Mountaingate South Residential Project EIR
§ NBC Studios Master Plan EIR
§ Northwest Housing Infill Project (UCLA) EIR
§ Olive Avenue Development Peer Review
§ Paradise Ranch Subdivision IS/MND
§ Parker Ranch Residential Development EIR
§ Plaza at Santa Monica EIR
§ San Bernardino Development Code MND
§ San Bernardino Fast 5Xpress Car Wash MND
§ Santa Clarita Neighborhood Storage MND
§ Santa Monica Mini Dealership EIR
§ Walmart EIR (Tehachapi)
§ Warner Bros Studios Master Plan EIR
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KATRINA HARDT-HOLOCH / SENIOR PROJECT MANAGER
Experience Summary
Katrina Hardt-Holoch is a Senior Project Manager at EcoTierra Consulting, Inc. with over 21 years of
experience managing and preparing CEQA and NEPA environmental documents. She leads and directs
multidisciplinary teams conducting environmental review and compliance activities for a variety of
projects including commercial and residential development; educational and institutional facilities; park
and recreational plans and facilities; master and specific plans; roadway, bicycle and rail facilities;
restoration; and general plan updates.
Education Background and Professional Affiliations
• M.U.R.P. in Planning – Portland State University
• B.U.S. in Physical Geography – University of New Mexico
• American Planning Association (APA)
• American Institute of Certified Planners (AICP), #017806
Project Experience
• 6th /Harvard Mixed Use Hotel EIR
• 156 Business Parkway Addendum IS/MND
(City of Hollister)
• 225 Greenville Road IS/MND
• 627 Vermont IS/MND
• 1633 26th Street EIR
• 8070 Beverly Blvd. Eldercare IS/MND
• Alameda Point General Plan Amendment EIR
(City of Alameda)
• Bakersfield to Palmdale High-Speed Rail
Project EIR/EIS (California High-Speed Rail
Authority)
• Bixel Residences IS/MND
• Britannia Cove at Oyster Point Specific Plan
Subsequent EIR (City of South San Francisco)
• Campbell General Plan Update EIR (City of
Campbell)
• Clearist Industrial Park IS/MND (City of
Hollister)
• Crystal Springs Uplands School EIR (City of
Belmont)
• East Bay Greenway IS/MND (Alameda County
Transportation Commission)
• Fresno to Bakersfield High-Speed Rail
EIR/EIS (California High-Speed Rail
Authority)
• Gateway Business Park Master Plan EIR (City of
South San Francisco)
• Gelson’s Market IS/MND (City of Manhattan
Beach)
• Healdsburg General Plan EIR (City of Healdsburg
• Hollister Park Facility Master Plan IS/MND (City
of Hollister)
• La Verne Baseline Road SFR/Annexation MND
• Morrison Hotel EIR
• Olive Avenue Development Peer Review
• Rainier Cross-Town Connector Project EIR (City of
Petaluma)
• Rosati Annexation (City of Hollister)
• Sacred Heart Schools Master Plan EIR (Town of
Atherton)
• South Hayward Development Project IS/MND
(City of Hayward)
• Steelwave Industrial Park Addendum IS/MND
(City of Hayward)
• Titlow Hill General Plan Amendment/ Zone
Reclassification/Subdivision Certifications EIR
• Tolay Lake Master Plan EIR
D-1
JENNY MAILHOT / PROJECT MANAGER
Experience Summary
Ms. Jenny Mailhot, Project Manager at EcoTierra Consulting, Inc., has more than 23 years of experience
in the management and preparation of environmental review documents pursuant to CEQA and NEPA
for clients in both the public and private sector. Ms. Mailhot has acted as a day-to-day contact for
clients, agency staff, and attorneys, providing valuable insight to the environmental constraints of
various projects. She has managed and prepared documentation for highly controversial projects,
including: residential, retail, office, mixed-use, institutional, recreational, museums, and infrastructure
projects. Ms. Mailhot has also prepared peer reviews of environmental documentation for clients, and
has experience with land use entitlements, findings, and mitigation monitoring programs.
Education Background and Professional Affiliations
• B.A. in Environmental Studies – University of California, Santa Barbara
• Association of Environmental Professionals (AEP)
Project Experience
EIRs/EISs
• 6th and Alameda (EIR)
• 6400 West Sunset (EIR)
• 959 Seward Street Project (EIR/EA)
• Barlow Hospital Replacement/Master Plan (EIR)
• Beach Cities Media Campus (EIR)
• Bellevue Center Whole Foods Project (EIR)
• BLVD 6200 (EIR)
• Bradley Landfill and Recycling Center Master Plan
(EIR)
• Burbank Media Studios North (EIR)
• Cameron Ranch Residential Subdivision (EIR)
• Central Metal (EIR)
• CitizenM (EIR)
• Corporate Plaza EIR
• Edgewood Estates and Rathgar Subdivision (EIR)
• Highland Center (EIR)
• Hollywood Central Park (EIR)
• Hollywood/Garfield Mixed-Use Development (EIR)
• LAAFB Land Conveyance, Construction and
Development Project (EIS/EIR)
• Laguna Beach Community/Senior Center (EIR)
• Los Angeles County Museum of Art (EIR)
• Olive Avenue Development (Peer Review)
• Playa Vista Second Phase Project Draft (EIS/EIR)
• Plaza at Santa Monica
• Providence Tarzana Medical Center Project (EIR)
• Rockville Trails Residential Subdivision (EIR)
• Santa Monica College Madison Theater (EIR)
• Sea Breeze (EIR)
• Sepulveda/Rosecrans Site Rezoning and Plaza El
Segundo Development (EIR)
• Snyder Valley Plaza Project (EIR)
• Spectrum Group (EIR)
• Temple Israel of Hollywood Enhancement (EIR)
• Thomas Subdivision (EIR)
• Tierra Luna (EIR)
• Tribune (EIR)
• Vermont Corridor EIR
• Westfield Promenade (EIR)
ISs/MNDs/EAs
• 4900 Hollywood (IS/MND)
• Caroline Severance Manor (IS/MND/EA)
• CIM West Los Angeles Plaza (EA)
• Gilroy Masoni Orchard Subdivision (IS/MND)
• Paradise Ranch Subdivision (IS/MND)
• Santa Clarita Neighborhood Storage (IS/MND)
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MARISA WYSE / ENVIRONMENTAL ANALYST
Experience Summary
Marisa Wyse is an Environmental Analyst EcoTierra Consulting, Inc. EcoTierra Consulting, Inc. with over
12 years of experience managing and preparing CEQA and NEPA environmental documents. She has
assisted and managed projects involving the preparation of environmental documentation for both
private and public sector projects including: Initial Studies, Mitigated Negative Declarations, Mitigation
Monitoring Programs, Environmental Impact Reports, Focused Environmental Impact Reports, and
Combined Environmental Impact Reports/Environmental Impact Statements. Her project experience
includes roadway improvements, park development, public facility land use, mixed-use development,
hospital/medical facility development and expansion, school development, and energy facility
construction, for which she coordinates between agencies, applicants, consultants, and attorneys to
certify CEQA documents as part of the overall project entitlement process.
Education Background and Professional Affiliations
• B.A. in Geology – Occidental College
• Association of Environmental Professionals (AEP)
Project Experience
EIRs/EISs
• 1633 26th Street EIR
• Contra Costa Water District Alternative Intake
(EIR/EIS), Contra Costa County Water District
• California Pacific Medical Center Long-Range
Development Plan (EIR), City and County of San
Francisco
• Yerba Buena island Ramps (EIR/EIS/Section 4
Evaluation), San Francisco County Transportation
Authority and Caltrans District 4
• 950 Mason Street Fairmont Hotel (EIR), City and
County of San Francisco
• Santa Monica High School Science and Technology
Building and Site Improvement, (EIR), SMUSD
• Centrum Sunset EIR, City of West Hollywood
• Sunset Time, City of West Hollywood
• Termino Avenue Drain (EIR), LADPW
• Santa Anita Dam Riser Modification and Reservoir
Sediment Removal (EIR), LADPW
• San Gabriel River Discovery Center (EIR), San
Gabriel River Discovery Center Authority
• Disposition of Offshore Cooling Water Conduits
SONGS Unit 1 (EIR), Southern California Edison
• Central Regional High School #13 (EIR), LAUSD
• Laurel Place Senior Housing (EIR), West Hollywood
• Morrison Hotel EIR
• Olive Avenue Development Peer Review
• Summerwind Ranch at Oak Valley (EIR) (Calimesa)
• Spring Street Hotel EIR
• General Plan Update EIRs for Cities of Agoura Hills,
Sierra Madre and El Segundo
• City of La Mesa Housing Element Update (IS/MND)
ISs/MNDs/EAs
• Marriott Hotel Expansion (MND)
• LA Coroner Crypt Building Addition and Tenant
Improvement (MND), LADPW
• LA Mesa Housing Element (ND)
• La Verne Baseline Road SFR/Annexation (MND)
• Morris Dam Water Supply Enhancement (MND)
• Olive View Medical Center Emergency Services
Expansion and Acute Care Unit (MND), LADPW
• San Bernardino Fast5Xpress Car Wash (MND)
• Santa Clarita Neighborhood Storage (MND)
D-1
KATIE WILSON / SENIOR ANALYST
Experience Summary
Ms. Wilson has 14 years of experience preparing air quality, GHG, health risk assessments, and noise
technical studies. Ms. Wilson is proficient in CalEEMod, EMFAC, AERMOD, CALINE, FHWA Traffic Noise
Prediction Model (FHWA-RD-77-108), Roadway Noise Construction Model (RCNM), and Sound Plan
Essential. Ms. Wilson has extensive experience in acoustical, air quality, greenhouse gas (GHG) and
health risk impact assessment analyses for public and private sector projects throughout California. She
has directed and assisted on hundreds of projects involving air quality and acoustical impact analyses,
with an emphasis on accurate and defensible analyses performed in support of CEQA and/or NEPA
environmental documentation.
Education Background and Professional Affiliations
• M.S. Environmental Toxicology – University of California, Riverside
• B.S. Biology with a Minor/Certificate in Criminal Justice – California State University, San
Bernardino
• Air Quality Permitting and Enforcement Class - University of California, Riverside
• Association of Environmental Professionals (AEP)
Project Experience
Noise
• Riverside-Corona Feeder Project.
• Loma Linda Memory Care Facility
• Pepito’s Drive Through Expansion Project
• Pixley Anaerobic Digester
Air-GHG, and Noise
• Badlands Landfill Integrated Project, Permanent
Bridge Shelter Project
• El Monte Nevada Avenue at Bodger Street
Sewer Improvement Project
• Highway 111 Improvement Project. Ms. Wilson
has Air Quality, Greenhouse Gas
• Chino-Corona Road Realignment and General
Plan Amendment
• Kohl Ranch Specific Plan No. 303 Amendment 2
• East Pleasanton Specific Plan
• Preserve Sewer Improvement Project
Air and GHG
• Coachillin’ Industrial Park
• Highway 111 Widening and Improvement
Project
• Sierra Bella Specific Plan
• Beach Cities Media Campus (EIR)
• 676 Mateo Street Project (EIR)
• 1100 E. 5th Street Project (EIR)
Air, GHG and HRA
• South Bay Distribution Center
• Chiming Inc. Industrial Project
• Coachella Valley Compost Facility Expansion
HRA
• Canyon Creek Resort Specific Plan
• Menifee North Specific Plan
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Page | 1
BONNIE ROGERS, M.S., REGULATORY PERMITTING & GUIDANCE TECHNICAL
LEAD / PROJECT MANAGER
As a scientist and senior natural resources manager at SWCA, Ms. Rogers is responsible for technical waters
reviews, preparing technical documents, providing recommendations, and coordinating permits. Ms. Rogers is a
former Region 9 Environmental Protection Agency (EPA) Enforcement Officer, Los Angeles District U.S. Army
Corps of Engineers (USACE) Senior Project Manager, National Marine Fisheries Service Scientist III, and has
experience in the private sector, all in California. Ms. Rogers is a subject matter expert in federal permitting,
NEPA, wetland delineation, and mitigation. While at USACE, Ms. Rogers
managed highly visible and complex projects, including environmental
impact statements and mitigation bank restoration projects, where she
carried out formal consultations, led interagency teams, prepared
technical documents, and issued permit decisions.
SELECTED PROJECT EXPERIENCE (* denotes project experience prior to SWCA)
Agua Dulce Residential Development Project; RTG Investments, LLC.; Los
Angeles, Los Angeles County, California. Role: Project Manager.
Carlsbad/Carroll Canyon Habitat Restoration; Kinder Morgan Contracting Services
LLC; San Diego County, California. Removal and repair of existing utility lines in
waters and wetlands. Role: Technical Waters Lead. Handled permit document
preparation.
City of Sacramento Pump Outfalls Regulatory Permitting; Sycamore Environmental
Consultants, Inc.; Sacramento County, California. Removal and repair of multiple
sump outlets in the American River in waters. Role: Technical Waters Lead. Preparation
of biological assessment.
SCE Clean Water Act On-Call Contract; Southern California Edison Company
(SCE); California. Under a 3-year on-call contract, SWCA has completed more than
2,300 survey and monitoring consultant work authorization tasks in support of various
utility projects, including deteriorated pole replacements, grid reliability and maintenance,
GO 131-D, emergency services, vegetation management, and transmission line rating
remediation. Projects are located throughout SCE’s territory in Los Angeles, Kern, San
Bernardino, Riverside, Ventura, Orange, Mono, Inyo, and Tulare Counties; projects are
located on land administered by numerous agencies, including the U.S. Department of
Defense, the Bureau of Land Management, U.S. Forest Service, the National Park
Service, and California State Parks. Role: Technical Waters Lead; Senior Project
Manager. Provide waters oversight.
SCE EC 007 Biology Environmental Analysis, Metro East, Metro West, Deserts, San
Jacinto; SCE; Multiple Counties, California. Under a 3-year on-call contract, SWCA is
providing environmental compliance and management support for thousands of
operations and maintenance projects across SCE’s transmission and distribution
systems and generation facilities in in Los Angeles, Kern, San Bernardino, Riverside,
Ventura, Orange, Mono, Inyo, and Tulare Counties. Role: Technical Waters Lead; Senior
Project Manager. Reviewed Master Special Use Permit.
SCE EC 011 Wetlands Environmental Analysis; SCE; Multiple Counties,
California. SWCA is providing waters support for multiple tasks and areas within the
SCE region.
YEARS OF EXPERIENCE
10
EXPERTISE
Marine and freshwater systems science
NEPA and environmental law
Federal permitting
Habitat condition assessments and
ecosystem mitigation plans
Project tracking and compliance
EDUCATION
M.S., Biology; California State
University, Long Beach; 2010
B.S., Aquatic Biology; University of
California, Santa Barbara; 2005
TRAINING
NEPA, NOAA; 2010
ESA, NOAA; 2010
Regulatory I, USACE; 2013
Regulatory IIB Decision Making,
USACE; 2015
Regulatory IIA Procedural Issues,
USACE; 2015
Regulatory IV Wetland Delineation,
USACE; 2016
Hydric Soils, USACE; 2013
Ordinary High Water Mark, USACE;
2014
Plant ID Workshop, USACE; 2018
California Rapid Assessment Method,
USACE, SCWRP; 2014
Cultural Resources, USACE; 2013
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Page | 1
ROBERT MACALLER, B.S., DIRECTOR NATURAL RESOURCES - SOUTHERN
CALIFORNIA
Mr. MacAller is the Southern California natural resources director at SWCA. He began his career as a restoration
biologist and has been providing expertise in natural resources–related issues for over 28 years. Mr. MacAller has
spent the past two decades guiding his clients through the complexities of local, state, and federal environmental
regulations to successfully complete their projects. Mr. MacAller has managed large teams to complete
challenging projects for private developers, city and county governments, and federal agencies. As a habitat
restoration expert, he has effectively negotiated, planned, implemented, and managed mitigation projects for a
variety of habitats throughout California and the Southwest. Additionally, he has led multiple departments and
offices, developing staff and promoting community involvement and
successfully leading an organization of multidisciplinary environmental
professionals.
SELECTED PROJECT EXPERIENCE (* denotes project experience prior to SWCA)
Crossroads at Golden Valley BA; National Technical Systems, Inc.; Santa Clarita,
Los Angeles County, California. SWCA was retained to conduct multiple flora and
fauna surveys and aquatic resources jurisdictional delineation in support of the
Crossroads at Golden Valley NTS Biological Resources Assessment. Role: Program
Director.
Mancara Biological Services; Robinson Ranch Residential, LLC; Santa Clarita,
Los Angeles County, California. SWCA completed three flora and fauna surveys in
2018 on the 179-acre Mancara project site in the city of Santa Clarita. The proposed
project entails a residential community with single-family graded residential lots,
recreational areas, and both public and private streets. Role: Program Director.
San Francisquito Canyon Aquatic Barriers Restoration Program; Resource
Institute, Inc.; Los Angeles County, California. SWCA, in partnership with the
Resource Institute, Inc., is working with the U.S. Forest Service on a National Fish and
Wildlife Foundation grant to conduct river restoration at two distinct sites along San
Francisquito Creek in the Angeles National Forest. The work is part of a programmatic,
watershed approach to restoring aquatic organism passage (AOP) for the California
red-legged frog and unarmored threespine stickleback, both federal- and state-listed
species. Design and implementation of natural channel design methodologies is
underway at four high-priority passage barriers along the creek; three AOP barriers are
undersized culverts clogged with sediment and debris after fire activity, and the fourth is
located at the site of the failed St. Francis Dam, where dam foundation remnants have
blocked natural stream flows. Phase 1 of the program involves baseline conditions
analyses, natural channel design/engineering, road crossing design/engineering,
developing all required permitting documents (including NEPA and CEQA), stakeholder
and community outreach, and biological and cultural resources support (surveys,
documents, and permits). Role: Senior Ecologist. Provided habitat restoration expertise
and quality control.
SCE Large Cap CWA L027 Moorpark-Pardee No. 4; Southern California Edison
Company; Ventura County, California. SWCA is providing Southern California Edison
(SCE) environmental services for a large capital project located in the City of Santa
Clarita, unincorporated Los Angeles and Ventura Counties, and the City of Moorpark.
YEARS OF EXPERIENCE
28
EXPERTISE
Restoration ecology
Endangered plants
Upland and riparian ecosystems
Mitigation
ArcGIS
EDUCATION
B.S., Biology; San Diego State
University
REGISTRATIONS / CERTIFICATIONS
County of San Diego Approved CEQA
Consultant, California; San Diego
County
Associate Environmental Professional;
Association of Environmental
Professionals
TRAINING
Advanced CEQA
Erosion Control - How to Select, Install
and Inspect Construction Site BMPs for
NPDES Stormwater Permit Compliance,
International Erosion Control
Association
Desert Tortoise Council - Survey
Techniques Workshop
MEMBERSHIPS
Member, Society for Ecological
Restoration
Member, Association of Environmental
Professionals
Member, California Native Plant Society
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HEATHER GIBSON, PH.D., RPA, CULTURAL RESOURCE LEAD
Heather Gibson is the cultural and paleontological resources director and a principal investigator in SWCA’s
Pasadena office. She is an archaeologist with over 18 years of research experience, including archival research,
surveys, and excavations at sites in the United States and Caribbean. Dr. Gibson has served as project archaeologist
and principal investigator on cultural resources and environmental projects in compliance with the California
Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) and Section 106 of the National
Historic Preservation Act (NHPA) for public and private sector clients including a range of local and federal agencies.
She has worked extensively with local agencies in Southern California, including the City of Los Angeles Harbor
Department, Caltrans, City of Los Angeles Bureau of Engineering, Los Angeles Department of Water and Power, and
Los Angeles County Metropolitan Transportation Authority. Dr. Gibson meets the Secretary of the Interior’s
professional qualification standards in both history and archaeology.
SELECTED PROJECT EXPERIENCE
San Francisquito Canyon Aquatic Barriers Restoration Program; Resource Institute,
Inc.; Los Angeles County, California. SWCA in partnership with The Resource Institute
(RI) is working with the United States Forest Service (USFS) on a National Fish and
Wildlife Foundation (NFWF) grant to conduct river restoration at two distinct sites along
San Francisquito Creek in the Angeles National Forest (ANF). The work is part of a
programmatic, watershed approach to restoring aquatic organism passage (AOP), for the
California red-legged frog and unarmored threespine stickleback, both federal and state
listed species. Design and implementation of Natural Channel Design (NCD)
methodologies is underway at four high priority passage barriers along the creek; three
AOP barriers are undersized culverts clogged with sediment and debris after fire activity,
and the fourth is located at the site of the failed St. Francis Dam, where dam foundation
remnants have blocked natural stream flows. Phase 1 of the Program involves baseline
conditions analyses, natural channel design/engineering, road crossing
design/engineering, developing all required permitting documents (including NEPA and
CEQA), stakeholder and community outreach, and biological and cultural resource support
(surveys, documents, and permits). Role: Principal Investigator.
Cultural Resources Support for Newhall Ranch Project; John Minch & Associates,
Inc.; Santa Clarita Valley, Los Angeles County, California. SWCA was retained by
John Minch & Associates, Inc. to provide archaeological fieldwork services in support of
the Newhall Ranch Project, located in the Santa Clarita Valley, Los Angeles County,
California Role: Project Manager.
SCE Large Cap CWA L027 Moorpark-Pardee No. 4; Southern California Edison
Company; Ventura County, California. SWCA has been tasked with providing an
environmental impact evaluation (G.O. 131-D Evaluation) for a new 230 kV transmission
line from the Moorpark Substation to the Pardee Substation in Los Angeles and Ventura
Counties. SWCA provided biological and cultural environmental surveys required to
determine project impacts and avoidance/minimization measures for the project. SWCA
also prepared U.S. Army Corps of Engineers and California Department of Fish and
Wildlife permit applications for waters of the U.S. and waters of the State. SWCA managed
protocol-level surveys for the federally-listed California gnatcatcher. Role: Principal
Investigator. Providing technical oversight, quality assurance/quality control and review of
deliverables.
Page | 1
YEARS OF EXPERIENCE
19
EXPERTISE
Cultural resources management
California history and archaeology
Urban historical archaeology
18th and 19th century artifact analysis
Archival research, surveys and excavations
EDUCATION
Ph.D., with distinction, Anthropology;
Syracuse University, Syracuse, New York;
2007
M.A., Anthropology; Syracuse University,
Syracuse, New York; 2004
B.A., magna cum laude, Anthropology and
French; University of Notre Dame, South
Bend, Indiana; 1998
REGISTRATIONS / CERTIFICATIONS
Meets and exceeds the Secretary of the
Interior’s Professional Qualification
standards in History and Archaeology
Registered Prof. Archaeologist No.
3532600; 2010
TRAINING
National Preservation Institute, Section 106
Review; 2012
HAZWOPER 40-hour certification; 2012
National Preservation Institute, Section 106
Basics; 2010
D-1
EXPERIENCE
25 Years
EDUCATION
Bachelor of Engineering,
Civil Engineering and
Mathematics,
Vanderbilt University
CERTIFICATIONS
Civil Engineer,
State of California
AFFILIATIONS
Institute of
Transportation Engineers
Urban Land Institute
Women’s Transportation
Seminar
Sarah M. Drobis, P.E.
Principal, Director of Planning & Engineering
Sarah Drobis has extensive experience in the traffic and transportation engineering
industry, directing and conducting complex parking and transportation planning
studies for a wide variety of public and private projects throughout Southern
California.
Sarah has performed numerous traffic impact and parking demand studies,
comprehensive mitigation programs, and site access/internal circulation reviews
for retail, residential and medical development projects as well as schools,
universities and churches throughout California. Her expertise also includes
operational analyses, access and circulation planning for various travel modes
(vehicular, pedestrian, truck, transit, etc.), transportation master planning, regional
travel demand modeling, corridor studies, signal warrant analyses, development of
trip generation models and traffic simulation modeling. Sarah also has extensive
experience in working with elected officials, public agencies, and neighborhood
stakeholder groups in developing neighborhood traffic management plans. She
has also managed numerous parking studies and shared parking demand analyses
for various commercial, entertainment venues, residential, institutional and mixed-
use developments. Her expertise also includes development of special event
traffic and parking management plans for event venues, including visitor vehicles,
rideshare accommodations, and transit circulation.
Current and recent projects include studies for the Los Angeles County Museum
of Art, Universal Studios Hollywood, the Academy Museum of Motion Pictures,
Hollywood Central Park, The Ford Theatres, The Hollywood Bowl, Sunset Gower
Studios, Crossroads Hollywood, Manhattan Village Shopping Center, Olympia, Fig +
Pico, The Gardens Casino, and the University of Southern California Health Sciences
Campus. In addition, she led the transportation studies for the award-winning
Memphis Aerotropolis: Airport City Master Plan in Memphis, Tennessee.
After graduating from Vanderbilt University with a degree in Civil Engineering
and Mathematics, Sarah began her career in Atlanta, where she assisted on
traffic simulation modeling, highway and transit regional transportation demand
modeling, traffic studies, development of trip generation models, and traffic data
collection surveys for transportation engineering and planning projects throughout
the Southeast.
555 W. 5th Street, Suite 3375 Los Angeles, CA 90013 p. 213.683.0088 f. 213.683.0033 D-1
EXPERIENCE
10 Years
EDUCATION
Bachelor of Science,
Civil Engineering,
University of California,
Irvine
CERTIFICATIONS
Traffic Engineer
State of California
AFFILIATIONS
Women’s Transportation
Seminar
Emily Wong, P.E.
Senior Associate
Emily Wong has extensive experience on a variety of transportation impact, parking, site
access, and circulation analyses that required analysis of intersections, freeways, alternative
transportation modes, and construction periods.
Emily is currently serving as a project engineer and conducting transportation analyses and
support for 520 Mateo, Hollywood Central Park, Fig+Pico Conference Center Hotels, and
the Los Angeles County Museum of Art, as well as numerous residential, hotel, commercial,
and mixed-use developments in Los Angeles and West Hollywood. Recently completed
projects include transportation studies for the Academy Museum of Motion Pictures, 1020
S. Figueroa Street, and the award-winning Memphis Aerotropolis: Airport City Master Plan
in Memphis, Tennessee.
Emily has also worked with the Miracle Mile, La Brea Hancock Park, and Studio City
neighborhoods to develop neighborhood traffic management plans, as well as with the Los
Angeles County Metropolitan Transportation Authority to evaluate various improvement
measures to alleviate potential traffic, parking, and safety impacts to adjacent neighborhoods
during the construction of the Purple Line Extension.
Born and raised in Southern California, Emily graduated from the University of California,
Irvine with a degree in Civil Engineering.
555 W. 5th Street, Suite 3375 Los Angeles, CA 90013 p. 213.683.0088 f. 213.683.0033 D-1
Staff Qualifications and Experience
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 38
REFERENCES
As requested in the RFP, we have provided below references (with description of the projects) of recent projects
prepared in the last 3 years. These projects demonstrate relevant experience for the preparation of the EIR for
the Project for the City of Rancho Palos Verdes.
1. Rachel Kwok, Environmental Coordinator
Jing Yeo, Planning Manager
City of Santa Monica
Planning & Community Development Department
1685 Main Street
Santa Monica, CA 90407
(310) 458-8303
Rachel.Kwok@SMGOV.NET ; Jing.Yeo@SMGOV.NET
The Plaza at Santa Monica
June 2017 to August 2019
EcoTierra Staff Roles:
Curtis Zacuto, Project Manager
Jenny Mailhot, Senior Planner
EcoTierra prepared an EIR for a mixed-use affordable housing project with
public space for the City of Santa Monica. The project would include a
17,800 SF ground level Grand Public Plaza and a smaller street corner plaza,
two ground level pocket parks, a 11,000 SF second level public park, a
12,000 SF cultural amenity, 42,200 SF of ground floor retail, an
approximately 280 room hotel, and 106,800 SF feet of creative workspace.
1633 26th Street EIR
November 2019 to present
EcoTierra Staff Roles:
Curtis Zacuto, Project Manager
Katrina Hardt-Holoch, Senior
Planner
EcoTierra is currently preparing an EIR (Final EIR in preparation; process
presently suspended by the City) on a project that consists of
refurbishment of the project site’s existing three-story, 45,529 square feet
(sf) office building, and replacement of the existing 58,940 sf surface
parking lot with two new four-story, creative and business professional
office buildings comprising a total of 129,265 sf of new floor area. The
project would also include a three-level subterranean garage with 401
parking spaces with access provided from Pennsylvania Avenue. The
project’s three buildings will total approximately 174,684 sf.
D-1
Staff Qualifications and Experience
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 39
EcoTierra also provided additional projects for the City of Santa Monica under the direction of Ms. Rachel Kwok:
ArcLight Cinema EIR
2015 to 2017
EcoTierra staff prepared an EIR for a proposed ArcLight Cinema project.
The proposed project involved the demolition of an existing 344 space
public parking structure (City-owned Parking Structure 3) and
development of a theater (ArcLight Cinemas) of approximately 100,000 sf
of gross floor area as defined by the City of Santa Monica Municipal Code.
The project was designed to include up to 16 screens, approximately 2,700
theater seats, 10,000 sf of retail/restaurant tenant space, and 2,250 sf of
interior restaurant/lounge space that would be open to the public.
Santa Monica Place MND
2014
EcoTierra staff prepared an IS/MND to convert the entitled, but vacant
approximately 50,000 square feet (“sf”) of retail space on the 3rd Level of
the Santa Monica Place (“SMP”) Bloomingdale’s Building into an
approximately 50,000 sf multi-screen cinema complex with up to 16 movie
theaters and a seating capacity of up to 1,500 seats.
Mini Dealership EIR
2013 to 2014
EcoTierra staff prepared an EIR for a proposed Mini Dealership project. The
project involved demolition of an existing gas station and construction of a
2-story Mini dealership with a maximum development of 33,750 square
feet. The project included an ancillary café and two levels (20 feet deep)
subterranean parking garage for vehicle storage, as well as employee and
visitor parking with 135 parking spaces.
2. Paul Samaras, Principal Planner
City of El Segundo
350 Main Street
El Segundo, CA 90245
310-524-2340
PSamaras@elsegundo.org
Beach Cities EIR
October 2017-July 2019
EcoTierra Staff Roles:
Jenny Mailhot, Project Manager
EcoTierra prepared an EIR for the Beach Cities Media Campus Project
located in the City of El Segundo. The Beach Cities Media Campus
conceptual plan includes the development of an approximately five-story,
240,000 square foot office building, a one-story, 66,000 square foot studio
and production facilities building, 7,000 square feet of retail uses in two,
one-story structures, and a seven-story parking structure. The project
proposes to change the General Plan land use designation and zoning of
the property from Commercial Center (C-4 zone) to Urban Mixed-Use
South (MU-S zone), and develop the property with the uses allowed by,
and at the development standards set forth in, the MU-S zone.
Development of the Project Site, concurrently with the change in General
Plan land use designation and zoning, would be in accordance with a
Development Agreement that generally encompasses a conceptual plan
for a 313,000-square-foot development.
EcoTierra has also provided the following projects for the City of El Segundo:
D-1
Staff Qualifications and Experience
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 40
§ El Segundo 400 Duley Road IS/MND (73,000 SF office development)
§ El Segundo 400 Duley Road Addendum (adding medical use and parking)
§ El Segundo Boeing 550 IS/MND (office development)
§ El Segundo Boeing 550 Expansion IS/MND (office development)
§ El Segundo Corporate Campus EIR (2.1 mil SF mixed use, hotel, fire station, soccer fields, research and
development, retail, restaurant, health club, medical/office space)
§ El Segundo Corporate Campus Addendum (625,000 SF retail/office/restaurant)
§ El Segundo LA Lakers Addendum to Corporate Campus EIR (214,000 SF office use)
§ Plaza El Segundo EIR (rezoning to allow office, retail, restaurant uses)
§ Plaza El Segundo Addendum (revising permitted uses and adding 18,850 SF of dev.)
§ El Segundo Power Plant IS/MND (Modifications to existing Power Plant)
3. Chris Lopez, Development Specialist
County of Los Angeles
700 West Main Street
Alhambra, CA 91801
(626) 586-1550
CLopez@labtc.org
Vermont Corridor EIR
March 2017-September 2018
EcoTierra Staff Roles:
Jenny Mailhot, Asst Project Manager
EcoTierra prepared an EIR for the Proposed Vermont Corridor Project,
which proposed to re-develop three County-owned properties located on
Vermont Avenue between 4th Street and 6th Street, in the City of Los
Angeles. Proposed development would include removal of existing
buildings and construction of a new 471,000 square foot County office
building, 72 senior affordable housing units, and 74 market rate housing
units, and adaptive reuse and repurposing of an existing County office
building to accommodate 172 market rate residential units.
D-1
E Project Schedule
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 41
Table 2, EIR Schedule, provides EcoTierra’s schedule for the preparation of an EIR.
Table 2
EIR Schedule
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 1b: Project Description 1 week from authorization to proceed
Task 2 Review and Prepare Technical Studies
Traffic 8 weeks from authorization to proceed**
(critical path for AQ/GHG and Noise Studies)
Air Quality/GHG 5 weeks from Receipt of Traffic Report **
(critical path for preparation of Admin Draft EIR)
Noise Study 5 weeks from Receipt of Traffic Report **
(critical path for preparation of Admin Draft EIR)
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
Scoping Meeting
Tasks 3a-3b: Preparation of Initial Study 3-4 weeks from authorization to proceed
1st City Review 3 weeks
EcoTierra to Revise per City Comments 1 week
2nd City Review 2 weeks
EcoTierra to Revise per City Comments 3 (working) days
Task 3c: NOP publication 5-6 weeks from authorization to proceed
1 day
Circulate NOP 30 days
Task 3d: Scoping Meeting TBD
Task 4: Draft EIR
Task 4a: Preparation of Administrative Draft EIR 15 - 17 weeks from authorization to proceed **
Task 4b: Review/Revise Admin. Draft EIR
1st City Review 3 weeks
EcoTierra to Revise per City Comments 1 week
2nd City Review 2 weeks
EcoTierra to Revise per City Comments 3 (working) days
3rd City Review (City Attorney) 3 weeks
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 Period 45 days
Task 5: Final EIR
Task 5a: Preparation of Admin. Final EIR & MMRP 4 weeks
Task 5b: Review/Revise Admin. Final EIR
1st City Review 3 weeks
EcoTierra to Revise per City Comments 1 week
2nd City Review 3 weeks
EcoTierra to Revise per City Comments 3 (working) days
3rd City Review (City Attorney) 3 weeks
EcoTierra to Revise per Attorney Comments 2 weeks
City Review Proof Document 2 days
Task 5c: Preparation/Production of Final EIR 3 days
Publish Final EIR/NOD 1 day
10 Days Prior to Hearing (Circulation) 10 days
Total Estimated Time to Complete EIR Process 45-47 weeks
** Critical Path Item
D-1
F Quality Control Plan
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 42
QUALITY ASSURANCE/QUALITY CONTROL
As the environmental review consultant to the City, EcoTierra would work closely with the City throughout the
process, starting with a face-to-face kickoff meeting to review the project, coordinate personnel assignments and
set schedule milestones for the completion of key deliverables. We would expect to have regular contact via
phone and daily contact via e-mail to keep each other informed as to project progress, information requirements,
subconsultant coordination, and any other areas where coordination is required. Typically on our projects, we set
regular face-to-face and/or conference call meeting schedules which are held at a frequency as desired by the
City.
EcoTierra would be responsible for ensuring that all procedural and technical requirements of CEQA and/or NEPA
are met. We would prepare all documents for City review and approval, attend all scoping meetings and hearings
and ensure that all procedural and noticing requirements are met. We would expect to work closely with other
specialized consultants from the City’s previously-approved list that are selected by the City to meet the specific
technical needs of a project. We would review all reports provided by these consultants and provide comments
that would be focused on ensuring that the analysis provided is sufficient under CEQA and/or NEPA. We would
also provide recommendations on technical emphasis and the logic of impact evaluation related to these analyses
to ensure that the resulting information that is put forth in the environmental document passes CEQA
muster. EcoTierra would utilize technical reports prepared by others to prepare the appropriate technical
sections of the environmental document and would prepare all other sections that do not require specialized
technical input.
We place particular emphasis on response to comments and final documents. When project environmental
documents are challenged in litigation, our experience has been that the courts closely review responses to issues
raised in the course of public and agency review of the documents to ensure that the lead agency is responsive to
public and agency concerns. In our responses, we strive to be honest, acknowledge errors where appropriate, but
offer vigorous defense of our analysis when we believe that a commenter is incorrect. We have found that this
approach greatly reduces the risk that a court will find our document insufficient under CEQA. To the extent that
the City Attorney and/or outside counsel are involved in the review of draft and final environmental documents,
we find that the document is stronger as a result.
ECOTIERRA BUDGET COST CONTROL APPROACH
For every project, EcoTierra’s project manager establishes a cost budget table which is referred during the entire
environmental process to keep costs on track. This table is shared with staff working on the project and hours are
assigned to staff per task. The project manager monitors weekly staff time applied to projects and can quickly
keep see if there is a particular problem or issue that would result in escalation of hours/costs. EcoTierra project
manager addresses the issue/problem with staff and Principal-in-Charge. In any event, we will maintain close
communication with the City throughout the process to ensure that costs are closely tracked in order to avoid
surprises to the City and/or project applicant.
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G Acceptance of Conditions
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 43
EcoTierra Consulting Inc. has reviewed Request for Proposal (RFP) document and Sample Professional Services
Agreement (Attachment D) and the accepts all of the conditions listed in the RFP and Sample Professional Services
Agreement (PSA). EcoTierra does not have any exceptions or suggested changes to the RFP or PSA.
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H Cost
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 44
EcoTierra would 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 below. The identified costs include meetings and/or conference
calls that occur during the process. Our fee for preparation of the Draft EIR would be $269,235. This not-to-
exceed total fee covers all labor costs required to complete the Draft EIR for public review, and will not change
unless the project description changes after preparation of the Draft EIR has commenced. However, we reserve
the right to transfer amounts between tasks, if necessary.
Preparation of responses to comments, Final EIR and attendance at public hearings will be completed for a not-to-
exceed fee 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 shall be paid by the client
within 45 days.
Our fee does not include any technical sub-consultants hired by the City. Although a generalized estimate of direct
expenses is provided below, direct costs will be accounted for separately, and it is expected that all direct costs
would be reimbursable upon provision of proper documentation.
Table 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
Curtis
Zacuto
Katrina
Hardt-
Holoch
Jenny
Mailhot
Marisa
Wyse
Katie
Wilson
Admin/
Graphics
Total
Hours
Total
Budget
Tasks $200 $180 $180 $150 $150 $95
Task 1: Project Initiation
Task 1a: Data Collection 2 2 $360
Task 1b: Project Description 12 12 $2,160
Task 2: Completion and Evaluation
of Technical Studies
Air Quality/GHG Analysis (EcoTierra) $6,000
Visual Assessment $25,925
Biological Resources Assessment
(SWCA) $43,786
Cultural Resources Assessment
(SWCA) $24,090
Paleontological Resources
Assessment (SWCA) $7,064
Noise Analysis (EcoTierra) $5,300
Traffic Assessment (Gibson) $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 NOP 4 4 8 $1,320
Task 3d: Scoping Meeting 6 6 12 $2,280
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Cost
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 45
Task 4: Preparation of Draft EIR Task 4a: Preparation of
Administrative Draft EIR 60 100 80 150 390 $66,900
Task 4b: Review/Revise
Administrative Draft EIR by City Staff 24 24 52 60 24 184 $31,080
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
Final EIR 2 4 6 $960
Task 6: Public Hearings/Meetings 24 24 $4,800
Other Expenses (Word
Processing/Graphics) 36 36 $3,420
Subtotal
122 167 200 234 34 36 793 $291,235
Direct costs (printing, postage, mileage, etc.) $4,000
Total $295,235
NOTES:
1. Draft EIR Costs assume two rounds of review by City staff. If additional rounds of review are required, this cost estimate may need to be re-
evaluated.
2. 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 10 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 will be re-evaluated after close of the public review period and EcoTierra will consult with the City on a possible contract amendment.
The fees include costs for printing/reproduction, graphics, and other miscellaneous direct expenses. We assume
that all direct costs will be reimbursable upon provision of proper documentation. Should the scope of work or
number of EIR sections increase or change, the City understands that the consultant fee could exceed the total
cost estimate amount. Such changes include, but are not limited to, the following:
• Additional environmental impact categories added as a result of comments received from the public,
governmental agencies and/or other interested parties during the scoping and Notice of Preparation period.
• Additional analysis required as a result of project modifications or delays in receiving project materials.
• Changes and/or modifications in State CEQA Guidelines or legislation for preparation of EIRs.
• Additional environmental issues to be analyzed in the EIR based on letters submitted to the City in
response to the Notice of Preparation.
• Additional hours required to complete the Final EIR or attend project meetings, public hearings or
community meetings beyond that described in this proposal. The cost estimate for preparation of the
response to public comments is our best estimate at this time. The cost estimate is based on a reasonable
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Cost
City of Rancho Palos Verdes 6001 Palos Verdes Drive South EIR 46
range of comments. If additional hours are required beyond the cost estimate to respond to comments
raised, then EcoTierra will consult with City staff.
• Preparation of the response to comments assumes that the authors of the technical studies are available for
preparation of response to comments. If these authors are not available, then EcoTierra will consult with
City staff.
• Any changes to assumptions and/or understandings contained herein regarding preparation of the Draft
and Final EIR.
Such authorized additional services would be billed on a time and materials basis.
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