2020/11/04 LSA Associates, Inc. Enviromental Consulting Services for Boulders Mixed Use Project DocuSign Envelope ID:65247B50-365E-460E-A71A-0066B4A6F427
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL CONSULTING SERIVCES FOR BOULDERS MIXED USE
PROJECT (INITIAL STUDY/MITIGATED NEGATIVE DECLARATION)
THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and effective
this 4 day of November , 2020("Effective Date")by and between the CITY OF MENIFEE,
a California municipal corporation, ("City") and LSA Associates, Inc, a California Corporation
("Consultant"). City and Consultant may sometimes herein be referred to individually as a"Party"
and collectively as the "Parties."
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the "Services"). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on November 4, 2020
and shall end on December 31,2021 unless the term of this Agreement is otherwise terminated or
extended as provided for in Section 8. The time provided to Consultant to complete the Services
required by this Agreement shall not affect City's right to terminate this Agreement, as provided
for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assigm-nent of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED EIGHT
THOUSAND EIGHT HUNDRED FORTY DOLLARS AND ZERO CENTS ($108,840.00)
notwithstanding any contrary indications that may be contained in Consultant's proposal, for the
Services to be performed and reimbursable costs incurred under this Agreement. In the event of a
conflict between this Agreement and Exhibit A, regarding the amount of compensation, this
Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be
the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized in advance by City, Consultant shall not bill City for duplicate services performed by
more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
C. A "Task Summary" containing the original contract amount, the amount of
prior billings,the total due this period,the balance available under this Agreement, and the
percentage of completion;
d. At City's option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative's signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
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29844 Haun Road
Menifee, CA 92586
2.2 Monthly Pam. City shall make monthly payments,based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Pam. City shall pay the last five percent(5%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Pam. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement,unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
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SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant's compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident,ONE MILLION DOLLARS ($1,000,000.00)disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements,but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage,for risks associated with the Services contemplated by this Agreement,TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
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Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
C. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers,employees,agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3)replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Consultant's sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
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4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference:
ENVIRONMENTAL CONSULTING SERIVCES FOR BOULDERS MIXED USE
PROJECT (INITIAL STUDYIMITIGATED NEGATIVE DECLARATION). The name and
address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation
is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an
additional insured for liability arising out of ongoing and completed operations by or on behalf of
Consultant.
C. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten(10) working days if. (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced;or(3)the deductible
or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents,or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
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Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. 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 be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may,but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City's interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies,which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment,until Consultant demonstrates compliance with the requirements hereof, and/or
C. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law,Consultant shall indemnify,protect,defend(with counsel selected by City),and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
"Claims")to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
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indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees,officials,volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees,or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries,wages,or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state,or federal policy,rule,regulation,law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System ("PERS") as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
of California, will be the minimum paid to all laborers, including Consultant's employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
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scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including,without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii)the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing,Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days'
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant's proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
C. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
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or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above,prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that,until final approval by City, all data,plans, specifications,reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy,use,modify,reuse,or sublicense any and all copyrights,designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally,magnetically, or in any other medium,which
are prepared or caused to be prepared by Consultant under this Agreement ("Documents and
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
9.3 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account,invoices,vouchers,canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3)years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief,to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to
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any other relief to which that Party may be entitled; provided, however, that the attorneys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law, Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Mike Trotta ("Consultant's Representative"). The Consultant's Representative
shall have full authority to represent and act on behalf of Consultant for all purposes under
this Agreement. The Consultant's Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Ryan Fowler, Sr. Planner ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his designee. The Contract Administrator
shall have the power to act on behalf of City for all purposes under this Agreement. Unless
otherwise provided in this Agreement, Consultant shall not accept direction or orders from any
person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
LSA Associates, Inc
Attn: Mike Trotta
20 Executive Park, Suite 190
Irvine, CA 92614
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Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Ryan Fowler, Sr. Planner
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator,the first page of a technical report, first page of design specifications,and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled"Seal and
Signature of Registered Professional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. 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.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A,represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. 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.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and 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.
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10.15 Nondiscrimination. Consultant covenants that,by and for itself,its heirs,executors,
assigns, and all persons claiming under or through them,that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award,terms or implementation of this Agreement, including any method of coercion,confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant,in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1)year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE CONSULTANT
DocuSig�
ned by: DocuSigned by:1 �4
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5
:E3WEo9446468...
Armando G. Villa, City Manager Jeff Bray, COO
rs
QtSigned by:
a�a�A. q, DocuSigned by:
�( Dtit u, -rr6ff6., CEO-
Sara A. anwaring, City Clerk
Mike Trotta, CEO
-py to Form:
Gf ffi [Note: 2 officer's signatures required if
Consultant is a corporation,unless provided
Jeffrey T. Melching, City Attorney with a certificate of secretary in-lieu]
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EXHIBIT A
SCOPE OF SERVICES
Scope of Services shall include environmental consulting services for the Boulders Mixed Use
Project consisting of the following:
• Initial Study/Mitigated Negative Declaration (Task 1.0 through 5.0) with Optional Tasks
2.4.2 and 2.4.3
In the not to exceed amount of ONE HUNDRED EIGHT THOUSAND EIGHT HUNDRED
FORTY DOLLARS AND ZERO CENTS ($108,840.00), as further detailed in the following
pages.
EXHIBIT A
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LSA CARLSBAD
FRESNO
FRESNO
IRVINE
LOS ANGE LES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
October 9,2020
Mr.Ryan Fowler,Senior Planner
Community Development Department/Planning Division
29844 Haun Road
Menifee,California 92586
rfowler(o)cityofinen ifee.us
Subject: REVISED Proposal to Provide Environmental Consulting Services forthe Boulders Mixed-
Use Project in the City of Menifee,Riverside County(LSA Proposal No.TDM1901.P)
Dear Mr.Fowler:
LSA is pleased to provide you with a revised scope of work and cost estimate to prepare technical
studies and the California Environmental Quality Act(CEQA) document for the proposed Boulders
Mixed-Use Project located on an approximately 9.92-acre site at the northwest corner of Normandy
Road and Berea Street. Per a review of the City's website,the site is designated EDC in the City's
General Plan and Zoned EDC-NR.The project entails the construction and development of a 234-unit
multifamily residential development, on-site recreational features(e.g., recreation area, pool, and
fitness center),leasing office/clubhouse,parking,landscaping,and ancillary features.The project also
plans for 30,000 squarefeet of commercial uses located in a single three-story structure located along
Normandy Road.
While the City anticipates that an Initial Study/Mitigated Negative Declaration will be the appropriate
CEQA document forthe project,due to potential local interest,this scope and cost also identifies the
work efforts associated with preparation of an Environmental Impact Report(EIR).
Despite the COVID-19 pandemic, LSA continues to offer our full suite of services while operating
remotely at full capacity.We retain all the necessary technical specialists in-house to conduct the
requisite analyses and evaluate potential environmental impacts of the project. LSA's team of
environmental specialists will work together under the direction of Associate/Project Manager Carl
Winter,who has 22 years of experience as a CEQA specialist in Southern California.Mr.Winter has
prepared CEQA documentation and managed the preparation of supporting studies for similar
projects.LSA is well acquainted with the guidelines and procedures required to successfully complete
the CEQA process,and has recently developed CEQA documents for similar mixed-use projects in the
Cities of Wildomar, Claremont, Riverside, and Redlands. Our experience with similar projects, in
tandem with our in-house expertise allows LSA to be in the unique position to complete the required
technical studies and CEQA documentation in an efficient,accurate,and comprehensive manner.
We look forward to working with you on this project.Feel free to contact me at(951)781-9310 or
Carl.Winter(cDlsa.net if you have any questions on our proposal.Thank you again for the opportunity
to provide you with our proposal.
1500Iowa Avenue,Suite 200,Riverside,California 92507 951.781.9310 www.lsa.net
LSA is a business name of LSA Associates,Inc.
EXHIBIT A
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LSA
Sincerely,
LSA ASSOCIATES, INC.
7�:f i&4
Carl Winter
Associate
Attachment: Scope of Work and Cost Estimate
LSA Standard Contract Provisions
The stated terms detailed in the REVISED Scope of Work re: Proposal to Provide Environmental
Consulting Services for the Boulders Mixed-Use Project in the City of Menifee, Riverside County(LSA
Proposal No.TDM1901.P)are hereby accepted and authorized for(indicate one):
• Initial Study/Mitigated Negative Declaration(Tasks 1.0 through 5.0)with Optional Tasks 2.4.2 and
2.4.3:$108,805.
• Initial Study/Mitigated Negative Declaration(Tasks 1.0 through 5.0)without Optional Tasks 2.4.2
and 2.4.3:$92,940.
• Preparation of an EIR(Tasks 1.0 and 3.0 and Tasks 6.0 through 10.0)with Optional Tasks 2.4.2 and
2.4.3:$237,765.
• Preparation of an EIR(Tasks 1.0 and 3.0 and Tasks 6.0 through 10.0)without Optional Tasks 2.4.2
and 2.4.3:$221,900.
CONSULTANT: CLIENT:
LSA Associates,Inc.
Authorized Signature Authorized Signature
Print Name Print Name
Title Title
Date Date
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PROJECT UNDERSTANDING AND SCOPE OF WORK
PROJECT UNDERSTANDING
Per a review of the City's website,the site is designated EDC in the City's General Plan and Zoned EDC-
NR. The project entails the construction and development of a 234-unit multifamily residential
development, on-site recreational features(e.g., recreation area, pool, and fitness center), leasing
office/clubhouse, parking, landscaping, and ancillary features. The project also plans for 30,000
square feet of commercial uses located in a single three-story structure located along Normandy
Road.
The projectsite is located in adjacentto single-family residential usestothe north;a mini-storageuse
to the west(across Berera Street);and Spirt Park to the south(across Normandy Road).Undeveloped
land is located east of the site.The Salt Creek Channel is located approximately 375 feet northwest of
the site. Due to the public visibility of the project and its proximity to these land uses,and current
public interest in the site/project,we understand that the City may desire to address potential project
impacts through preparation of an EIR. The City will determine the appropriate level of CEQA
documentation upon the completion of the technical studies,Initial Study,and(as applicable)receipt
of relevant public input.
Based on LSA's understanding of the project,LSA proposes to evaluate potential environmental effects
of the project through the provision of the following services:
• Preparation of the following Technical Memoranda/Studies(Task 2.0):
o Task 2.1:Air Quality/Greenhouse Gas Impact Assessment;
o Task 2.2:Noise and Vibration Assessment;
o Task 2.3:Energy Analysis;
o Task 2.4.1:Biological Resources Assessment/MSHCP Consistency Analysis;
o Task 2.4.2:(OPTIONAL)Burrowing Owl focused survey;
o Task 2.4.3:(OPTIONAL)Narrow Endemic Plant Species Survey Area(NEPSSA)focused survey.
o Task 2.5:Vehicle Miles Traveled/Level of Service Analysis;
• Preparation of an Initial Study/Mitigated Negative Declaration (Task 1.0 and Tasks 3.0 through
5.0)OR
• Preparation of an EIR(Tasks 1.0 and 3.0 and Tasks 6.0 through 10.0).
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SCOPE OF WORK
Task 1.0:Project Initiation
Task 1.1:Project Kick-off Meeting
LSA will hold a kick-off meeting with City staff remotely to ensure an orderly flow of project efforts
and to:
• Establish a mutual understanding of the CEQA program objectives and key issues, explore
community and City staff concerns regarding the project,and discuss the City's expectations for
the consultant's work effort.
• Identify City contacts, neighborhood associations, or service organizations whose input will be
vital to the successful completion of the CEQA program.
• Refine the scope of work to be performed,including related technical reports.
• Define protocols for requesting information from City staff.
• Refine the project schedule, establish protocols for product review and coordination with the
Applicant and City,and define project milestones and decision points.
• Obtain relevant plans,reports,ordinances,and studies applicable to the project.
LSA will collaborate the City to evaluate the potential for the project to require an EIR and assist in
the accumulation of background information necessaryto initiate the CEQA program.
Output: Identify project objectives, confirm scope of work and schedule, establish a mutual
understanding of the process and protocols to be followed,and identify key stakeholders
in the CEOA program.
Task 1.2:Project Description
LSAwill collaborate with applicant and the Cityto definethe Project Description and review the Scope
of Work.LSA will draft a comprehensive Project Description as a digital draft for review by the City
within three days of the kick-off meeting and receipt of the most recent project information.As
required by CEQA,the Project Description will provide a detailed narrative of the project,operational
characteristics, and geographical setting.Additionally, LSA will visit the project site to establish an
understandingof existing site conditions,the physical settingofthesite,andthe relationship between
the project site and adjacent land uses.
Output: Project Description for inclusion in the technical reports and CEQA document.This scope
and cost estimate assumes upto one round of review/revision(as needed).LSAwill revise
the draft Project Description and submit a final digital draft to the City.
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Task 2.0:Technical Studies/Reports
Task 2.1:Air Quality/Greenhouse Gas Impact Analysis
The air quality and greenhouse gas(GHG)analysis will place particular emphasis on delineating the
issues specific to City and South Coast Air Quality Management District (SCAQMD) requirements,
including potential cumulative air quality and GHG emissions impacts associated with the project.
Air Quality.The project is located in the South Coast Air Basin(Basin).Air quality rules and regulations
in this area are administered by the SCAQMD.LSA will calculate the project-specific construction and
operational emissions of SCAQMD Criteria Pollutants using the SCAQMD California Emissions
Estimator Model(CaIEEMod,Version 2016.3.2).Those pollutants include ozone precursors(volatile
organic compounds[VOCs]and oxides of nitrogen[NOx]),carbon monoxide(CO),sulfur dioxide(SOJ,
and inhalable particulate matter(PM10 and PM2.5).The emissions modeling will be commensurate
with available project-specific information(e.g.,site preparation,grading and construction equipment
used, length of time required for a specific construction task, as well as the project's anticipated
vehicle trip generation volumes and on-site energy and water consumption)orstandard defaults.LSA
will use the average daily trip(ADT)and vehicle miles traveled(VMT)data from the Traffic Impact
Analysis report prepared for the project (see Task 2.5). In addition, LSA will evaluate whether the
project would create nuisance odors affecting a substantial number of people within one mile
pursuant to guidance provided in the SCAQMD's CEQA Air Quality Handbook Guidelines.
Greenhouse Gas Emissions. LSA will prepare a GHG emissions analysis that complies with the
SCAQMD's Interim CEQA Greenhouse Gas(GHG)Significance Threshold Guidance.LSA will calculate
the GHG emissions associated with construction and operational activities using the same
methodology as described above for the air quality emissions analysis assuming compliance with the
2019 Title 24 Building Code.The calculations will include emissions of carbon dioxide(COA a key GHG
identified in the California Air Resources Board(ARB)Scoping Plan, and other major GHGs such as
methane(CH4)and nitrous oxide(N20)from construction-related sources.The analysis would include
the five primary sources of GHG emissions(as applicable):motor vehicle vehicular traffic,generation
of electricity, natural gas consumption/combustion, solid waste generation, and water usage. In
addition, LSA will conduct a consistency analysis to determine whether the project conforms to the
City's General Plan,Southern California Association of Governments Regional Transportation Plan/
Sustainable Community Strategies and State of California Scoping Plan.
Mitigation Measures.LSA will develop the above analyses without any mitigation to determine the
level of significance. LSA will work with the City, applicant, and SCAQMD, if necessary,to identify
feasible mitigation measures that would be applicable to the project.Feasible project design features
or mitigation measure reductions will be quantified as part of the analysis.
Reporting. LSA will prepare and submit the draft Air Quality/Greenhouse Gas Impact Analysis
electro nica lly to t he City for review within four weeks of receipt of the required traffic data.This scope
and cost estimate assumes upto two rounds of review/revision.Upon approval,LSAwill submit a PDF
of the final report to the City.The PDF will include all text,graphics,and supporting appendices.As
requested,up to two hard copies of the report will be provided to the City.Additional hard copies
may be provided on a time-and-materials basis.
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Task 2.2:Noise and Vibration Impact Assessment
LSA will prepare a Noise and Vibration Impact Assessment Technical Memorandum consistent with
all applicable procedures and requirements of the City and the CEQA.LSA will review applicable City
noise standards and land use compatibility criteria for the project site and adjacent uses. The
memorandum will discuss noisestandards in the Noise Element of the General Plan and noise control
ordinances in the Municipal Code forsensitive land uses in proximity to the project site.LSA will also
review applicable vibration criteria from the Cityforthe projectsite and its vicinity.The memorandum
will discuss vibration standards in the 2018 Federal Transit Administration (FTA) Transit Noise and
Vibration Impact Assessment Manual for land uses adjacent to the project site.
Ambient Noise Measurements.To assess the existing noise conditions on the project site, LSA will
conduct one short-term(20-minute)and one long-term(24-hour)ambient noise level measurement
in the project area.Ambient noise sources will be identified to assess the existing ambient noise
environment in the project vicinity.
Construction Noise and Vibration.LSA will analyze on-site and off-site noise and vibration impacts
from construction sources based on the equipment expected to be used, lengths of specific
construction tasks,equipment power type(gasoline or diesel engine),horsepower, load factor,and
percentage of time in use.The Federal Highway Administration(FHWA)recommended noise emission
levels and FTA-recommended equipment vibration levels will be usedforthe construction equipment.
The construction noise impact will be evaluated in terms of maximum levels(Lmax),hourly equivalent
continuous noise levels(Lej, and the frequency of occurrence at adjacent sensitive locations.The
construction vibration impact will be evaluated in terms of the peak particle velocity(PPV,or inches
per second[in/sec])and the vibration decibel level(VdB)for building damage and human annoyance,
respectively. Noise and vibration attenuation recommendations will be provided based on the
sensitivity of the uses adjacent to the project site pursuant to the City's noise-control ordinance and
FTA recommendations.
Mobile Source Noise.LSA will assess noise from both aircraft and vehicular traffic.Aircraft noise will
be assessed based on the project location and the location of the nearest airport noise contour.
Vehicular traffic will be assessed using the 1978 FHWA Highway Traffic Noise Prediction Model
(FHWA-RD-77-108).Model input data to be utilized include existing average dailytrafficvolumes and
the project's anticipated vehicletrip generation.LSA will evaluate project-related mobile source noise
impacts to off-site sensitive land uses in the project vicinity.The haul truck routes and trip rates will
be based on the traffic data(referto Task 2.5 below).Model input data needed include ADT volumes;
day/night percentages of automobiles, medium trucks, and heavy trucks; vehicle speeds; ground
attenuation factors; and roadway widths. The memorandum will tabulate the 24-hour weighted
Community Noise Equivalent Level (CNEL) or day-night average noise level (Ld ) along adjacent
roadways.
Stationary Source Noise. LSA will analyze noise levels from stationary on-site noise-generating
sources and their potential impact on sensitive uses adjacent to the project site.The City's noise-
control ordinance will be used to assess the project's potential off-site noise impacts.
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Operational Vibration. LSA will analyze vibration levels from operation sources based on the
equipment expected to be used and its distance to surrounding uses.The operational vibration impact
will be evaluated in terms of PPV (in/sec) and VdB for building damage and human annoyance,
respectively.Vibration attenuation recommendations will be provided based on the sensitivity of the
uses in proximity to the project site pursuant to FTA recommendations.
Mitigation Measures.As necessary,LSA will identify mitigation measures designed to reduce short-
term construction noise and vibration impacts and long-term stationary and mobile source noise and
vibration impacts to acceptable levels.
Reporting. LSA will prepare and submit the draft Noise and Vibration Impact Assessment
electronica Ilyto the City for review within four weeks of receipt of the required traffic data.This scope
and cost estimate assumes up to two rounds of review/revision.Upon approval,LSA will submit a PDF
of the final report to the City.The PDF will include all text,graphics,and supporting appendices.As
requested,up to two hard copies of the report will be provided to the City.Additional hard copies
may be provided on a time-and-materials basis.
Task2.3:Energy Analysis Memorandum
LSA will prepare an energy analysis to address the impacts of energy consumption associated with the
construction and operational activities.LSA will provide a discussion of the potential energy impacts
of proposed project, with particular emphasis on avoiding or reducing inefficient, wasteful, and
unnecessary consumption of direct and indirect energy.The energy analysiswould usethe anticipated
energy demand and energy efficiency of the proposed project estimated in the CaIEEMod forthe air
quality and GHG assessments.The indirect energy analysis would assume that all electrical power
needed for project operations would be provided by the local electrical power grid from Southern
California Edison.All energy consumption will be evaluated and assessed for potential energy impacts.
If any inefficient,wasteful,and unnecessary consumption of direct and indirect energy is found,then
LSA will work with the City to provide mitigation strategies to reduce the energy impacts for the
proposed project.
Reporting.LSA will prepare and submit the draft Energy Analysis Memorandum electronically to the
Cityfor review within four weeks of receipt of the required data.This scope and cost estimate assumes
upto two rounds of review/revision.Upon approval,LSA will submit a PDF of the final memorandum
to the City.The PDF will include all text,graphics,and supporting appendices.As requested,upto two
hard copies of the memorandum will be provided to the City.Additional hard copies may be provided
on a time-and-materials basis.
Task2.4:Biological Resources Assessment/MSHCP Consistency Analysis and Burrowing Owl Focused
Survey
Task2.4.1:Biological Resources Assessment/MSHCP Consistency Analysis.The following details the
scope required to conduct a biological resources assessment and Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP) consistency analysis.Additional species and biological
resource surveys will be recommended if site conditions warrant and regulatory requirements
mandate.
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Literature Review.LSA will conduct a literature review to identify sensitive species known or reported
to occur within the project area.The literature review will include the California Natural Diversity
Database,the California Native Plant Society Electronic Inventory,and MSHCP documents.
Biological Resource Survey.An LSA biologist familiar with the habitats and sensitive resources of the
region will conduct a general on-site field survey.Additionally, a qualified biologist will conduct a
habitat assessment for sensitive fairy shrimp.
Deliverables. LSA will prepare a Biological Resources Assessment and MSHCP Consistency Report
including a summary of the results of the literature review, biological resources survey, and an
assessment of whetherfocused surveys are needed.The report will identify consistencies with MSHCP
objectives and will include the following:
• A summary of survey methodology and results;
• Representative site photographs;
• A list of species observed during the site visit;
• A discussion of plant communities and United State Department of Agriculture mapped soil types;
• An assessment of the potential habitat value for survey species identified in the MSHCP and
identification of any additional focused species surveys that may be necessary (including
burrowing owl and narrow endemic plants);
• A discussion of areas that may potentially be considered jurisdictional wetlands,waters of the
U.S. or streambeds/habitats as defined by the U.S. Army Corps of Engineers (USACE) and
California Department of Fish and Wildlife(CDFW),respectively;
• A discussion of project consistency with the conservation objectives of the MSHCP and
recommendations of measures to achieve consistency,as necessary;and
• A discussion of impacts to sensitive biological resources,graphics and maps as needed to show
the project location and vicinity,project relationship to designated critical habitat areas,project
relationship to CECA Thresholds of Significance for any biological resources or habitat areas on
the site that may require additional study for CECA review orfor compliance with the MSHCP.
This scope and cost estimate anticipates up to two rounds of review/revision.The report will be
submitted to the City electronically.Upon review/revision,LSA will submit a PDF of the final report to
the City.The PDF will include all text,graphics,and supporting appendices.As requested,up to two
hard copies of the report will be provided to the City.Additional hard copies may be provided on a
time-and-materials basis.
If project plans and/orthe project description changes after the impact analysis has been conducted,
and/or if additional rounds of comments and/or additional coordination with the City are required,a
budget augment will be necessary to complete the additional work.A copy of the report will be sent
to the Western Riverside County MSHCP Biological Monitoring Program as required underthe MSHCP.
Task 2.4.2:(OPTIONAL)Focused Burrowing Owl Focused Survey.The project site lies within a MSHCP
burrowing owl survey area.During the biological field survey(see Task 2.4.1),the LSA biologist will
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determine whether the site harbors suitable habitat or for the burrowing owl.If suitable habitat is
present,a qualified LSA biologist will conduct a focused survey in accordance with the Burrowing Owl
Survey Instructions for the MSHCP.A burrow survey will be conducted during the burrowing owl
breeding season (March 1 through August 31) in search of natural burrows or suitable man-made
structures within the project site and a 500-foot buffer around the site(collectively referred to as the
"study area"). If potential owl burrows (natural or man-made) are found, or if owls are observed
during the burrow survey,then LSA will conduct four additional site visits on separate days,either in
the morning,one hour before sunrise to two hours after sunrise,or in the early evening,two hours
before sunset to one hour after sunset.The locations of all suitable burrowing owl habitat,potential
owl burrows, burrowing owl sign,and any owls observed will be recorded with a Global Positioning
System(GPS)device.
If project construction does not begin within 30 days ofthedateofthe lastsitevisit,a pre-construction
survey within 30 days priorto ground disturbance is required for all sites with suitable burrowing owl
habitat,whether initial survey results are positive or negative.If survey results are positive,additional
follow-up surveys,avoidance or relocation of owls in coordination with CDFW,or monitoring may be
required.In the event it is determined that burrowing owls occupythe project site,priorto anyfurther
on-site development,the applicant shall provide evidence to the Cityfor review and approval,that the
required burrowing owl mitigation requirements identified by CDFW and the United States Fish and
Wildlife Service(if any)have been appropriately satisfied.
This task and budget does not include the additional pre-construction survey or relocation services.
Report.This task will not be completed without confirmation that suitable habitat is present on site
and the City has provided written confirmation to proceed.
Upon completion of the survey, LSA will prepare and submit a letter report in electronic format
describing the survey methodologies and results of the focused survey.Upon receipt of comments,
LSA will revise the draft report and submit a final report.This task includes responses to one round of
consolidated comments.Response to additional comments will require a budget augment.A copy of
the report will be providedto the Western Riverside County MSHCP Biological Monitoring Program as
required underthe MSHCP.
Task 2.4.3:(OPTIONAL)Narrow Endemic Plant Species Survey Area(NEPSSA)Focused Survey.The
project study area is located within a NEPSSA for Munz's onion(Allium munzii),San Diego ambrosia
(Ambrosia pumila), many-stemmed dudleya(Dudleya multicaulis),spreading navarretia(Navarretia
fossalis), California Orcutt grass (Orcuttia californica), and Wright's trichocoronis (Trichocoronis
wrightii var. wrightii). As part of the biological field survey (see Task 2.4.1), a habitat suitability
assessment will be completed by an LSA biologist/botanist with expertise in the plant species of
concern to determine whether focused surveys for individual species are required and to focus the
species-specific survey efforts.If suitable habitat for any MSHCP covered plant species is identified,a
focused plant survey will be conducted.
The objective of the survey will be to determine presence or absence of the target species and, if
present,to quantify and map the distribution of the species on the project site.All plant species
detected on the site during the survey will be identified to the extent necessary to determine rarity
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and listing status.The survey will consist of two site visits spanning the peak flowering season of the
target species.The first site visit will be in late May or early June 2021 and the last will be in late June
or July2021.
Report.This task will not be completed without confirmation that suitable habitat is present on site
and the City has provided written confirmation to proceed.
A letter report describingthe survey methodologies and results ofthefocused surveywill be prepared
and will be integrated into the biological resources assessment report.A copy of the report will be
sent to the Western Riverside County MSHCP Biological Monitoring Program as required under the
MSHCP.
Task 2.5:Vehicle Miles Traveled/Level of Service Analysis
The scope of work forthe Traffic Impact Analysis(TIA)has been prepared based on the City of Menifee
Transportation Planning Department's Traffic Impact Analysis Guidelines(dated January 2019)and
Draft City of Menifee Traffic Impact Analysis Guidelines for Vehicle Miles Traveled(dated May 2020).
Based on these Guidelines,a VMT analysis is required to identify potential impacts based on the CEQA
requirements,and a Level of Service(LOS)study is required to be consistent with the General Plan
policies.The detailed TIA scope of work is as follows:
Task 2.5.1: Vehicle Miles Traveled Analysis. LSA will utilize the Riverside County Traffic Analysis
Model(RivTAM)for preparation of model runs and VMTcalculations forthe project.The VMT analysis
will be performed based on the Draft City of Menifee Traffic Impact Analysis Guidelines for Vehicle
Miles Traveled(dated May 2020).
Project Traffic Analysis Zone Update. LSA will convert the project land use into model socioeconomic
categories.This conversion will be based on Appendix E-1:Socioeconomic Build-out Assumptions and
Methodology of the County of Riverside General Plan or other appropriate sources.These data will be
incorporated in both the base (2012) and cumulative (2040) scenario models for model runs. A
separate Traffic Analysis Zone(TAZ)will be created in both base and future scenario modelsto include
the project socioeconomic data.Cumulative scenario socioeconomic data forthe parent TAZ will be
adjusted accordingly.LSA will coordinate with the City and client to confirm the socioeconomic data
before the model runs.
Project VMT Analysis. Upon completion of the socioeconomic data update, LSA will conduct model
runs for both base and future(cumulative)conditions.The model runs will include select zone model
runs for the project TAZ.Project-generated VMT shall be obtained by multiplying the model's origin-
destination trip matrix with the final assignment skims.The project effect on VMT shall be obtained
through a link-level analysis by extracting total link-level VMT for both without and with project
conditions within the City's boundary.
LSA will utilize the outputs from the select zone to calculate the model base year (2012) and
cumulative(2040) project-generated and link-level citywide boundary VMT per service population.
Baseline(2020)VMT per service population will be developed by interpolating between base year
(2012)and cumulative(2040)model VMT per service population.
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Pursuant to the City's VMT analysis guidelines,project-generated VMT impact under baseline(2020)
and cumulative(2040) conditions would be determined by comparing project-generated VMT per
service population under both scenarios with the County of Riverside General Plan Buildout VMT per
service population. However,the project's effect on VMT would be determined by comparing the
baseline and cumulative link-level citywide boundary VMT per service population under plus project
conditions with that forthe corresponding no project conditions.If the project is consistent with the
Southern California Association of Governments (SCAG) Regional Transportation Plan (RTP)/
Sustainable Communities Strategy(SCS),then,perthe City's VMT analysis guidelines,the cumulative
impacts shall be considered less than significant, subject to consideration of other substantial
evidence.
Mitigation. Mitigation measures will be identified to offset significant VMT impacts (if any). VMT
impacts will require mitigation of regional impacts through more behavioral changes. In general,
transportation demand management (TDM) actions, active transportation amenities, and other
measures to reduce the number of trips creating an impact are possible VMT mitigation strategies.
Additionally, participation in a VMT fee program and/or VMT mitigation exchange/banking program
may also be considered.Feasible VMT mitigation measures for the project will be determined based
on discussion with City staff.
Active Transportation and Public Transit Analysis. In this analysis,potential project impacts on public
transit, bicycle, and pedestrian facilities will be evaluated and significant impacts would be
determined based on whetherthe project conflicts with adopted policies,plans,or programs forthese
facilities,or whether the project decreases the performance or safety of these facilities.
Task 2.5.2: Level of Service Analysis.The LOS analysis for the project will address existing traffic
conditions,future traffic forecasts,project-related impacts,and mitigations,and will be prepared for
submittal to the City. The analysis will be prepared consistent with the City's January 2019 TIA
guidelines and in consultation with City staff.As such,traffic conditions in the TIA will be examined
forthe following scenarios:
• Existing Conditions;
• Existing with Project Conditions;
• Opening Year Cumulative without Project Conditions;and
• Opening Year Cumulative with Project Conditions.
TheTlAwill include analysis of intersection operations during a.m.and p.m.peak hour conditions.The
a.m.peak hour is defined as the highest one hour of traffic occurring between 7 and 9 a.m.,and the
p.m.peak hour is defined as the highest one hour of traffic occurring between 4 and 6 p.m.The TIA
will also perform daily analysis for roadway segments.
Coordination with City Staff. Prior to preparation of the TIA, LSA will consult with the City's traffic
engineer to achieve the following:
• Submit the City's TIA Scope.
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• Determine the appropriate study area including intersections and roadway segments.
• Determine the appropriate project opening year conditions to be examined in the traffic analysis.
• Verify the acceptability of traffic analysis assumptions,such as the a.m.,p.m.peak hours and daily,
project trip generation,and trip distribution patterns.
• Determination of the appropriate ambient growth rate to be used forthe analysis.
• Identify any other traffic issues that will need to be addressed in the study.
For the purposes of this scope, LSA anticipates that the traffic analysis will examine up to six study
intersections,includingthetwo project driveways,and three roadway segments.Additionally,LSA will
confirm with the City's traffic engineerthe number of cumulative projects within the project influence
area. For the purposes of this scope of work, up to 20 cumulative projects will be included in the
analysis.
Data Collection and Site Visit.The following data will be required to prepare the traffic analysis for the
proposed project:
• Site Visit. LSA staff will visit the project site and gather information about lane geometrics and
signal phasing.
• Existing Intersection and Roadway Segment Traffic Counts. Existing intersection and roadway
traffic volumes will be required to be collected at all study intersections and roadway segments.
Due to the current constraints of collecting new traffic counts, LSA will contact counters to
evaluate the option of gathering historic count data at all study intersection and roadway
segments.As such,the methodology of collecting traffic data will be done in consultation with
City staff.
• Improvement Plans for Area Roadways. Available plans for the improvement of study area
roadways will be obtained from the City's Public Works Department.
• Information on Cumulative Projects. LSA will contact the City's Planning Division and adjacent
jurisdictions to obtain information about approved or pending projects near the proposed project
so that traffic generated by those projects may be incorporated into the TIA.This scope includes
the analysis of 20 cumulative projects.
Existing Traffic Conditions.Existing a.m.and p.m.peak hourtraffic conditions and levels of service will
be assessed for the intersections and roadway segments identified for examination. Intersection
levels of service will be calculated using the most current Highway Capacity Manual Edition(HCM 6)
analysis methodologies using Synchro software.Roadway segment analysis will be conducted based
on daily traffic volumes using vehicle-to-capacity ratios as outlined in the City's TIA Guidelines.
Opening Year Cumulative without Project Conditions. Traffic volumes for project opening year
cumulative conditions(approximately 2 to 3 years from existing year)without project conditions will
be developed by applying a 2 percent growth rate to existing traffic volumes and by adding traffic
volumes from approved and pending projects. Information for approved and pending projects near
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the project will be obtained from the City.The resulting levels of service will be calculated using the
previously discussed methodologies.
Project Trip Characteristics.Weekdaya.m.and p.m.peak hour and daily trip generation forthe project
will be developed using rates from the Institute of Transportation Engineers (ITE) Trip Generation
Manual(101h Edition).Project trip distribution patterns will be based on the locations of residential,
employment,educational institutions,and commercial centers in relation to the proposed project and
in consultation with City staff.
With Project Traffic Conditions.Effects of the project on traffic operations will be evaluated by adding
the project trip assignment to the corresponding without project conditions. The resulting
intersection and roadway segment levels of service for each scenario will be calculated using the
previously discussed methodologies.
Intersection and roadway segment levels of service without the project will be compared to the
intersection and roadway segment levels of service with the project to determine potential project
effects. Determination of the effect will be made based on City's level of service standards.
Improvements will be identified to offset significant project effects. Improvements may include
intersection turn lanes, signalization, and segment lane additions. The levels of service with
improvements will be calculated and summarized, along with a comparison of the levels of service
without improvements.
Signal Warrant Analysis (if Required). A signal warrant analysis would be conducted at study
intersections if a signal is recommended as an improvement. Peak hour approach volumes for the
study intersections will be examined to determine whether signalization may be warranted per the
criteria defined in the California supplement of the Manual on Uniform Traffic Control Devices(CA-
M UTCD).
Proposed Improvements Fair-Share Calculations(if Required).LSAwill evaluate whetherthe mitigation
measures identified in the TIA are included as part of the Western Riverside Council of Governments
Transportation Uniform Mitigation Fee(TUMF) or the City's Development Impact Fee(DIF). If it is
determined that the improvement is not covered through the DIF or TUMF program,the project's
fair-share cost contribution will be calculated based on project traffic as a percentage of total growth
from existingto opening year cumulative conditions.
On-site Circulation, Safety, and Operational Analysis. The City's TIA guidelines require on-site
circulation and a safety and operational analysis.For purposes of this scope,LSA will evaluate queue
lengths/turn pocket lengths,intersection sight distance and other operational issues consistent with
the City's guidelines. LSA will also evaluate existing roadway conditions to determine if safety and
operational improvements are necessary due to increase in traffic from the project or cumulative
conditions.
Task 2.5.3: Traffic Impact Analysis Preparation and Submittal. LSA will prepare a TIA report
documenting analysis methodologies,existing and future conditions,project impacts,and mitigation
measures/improvements identified in Tasks 2.5.1 and 2.5.2. The TIA report will be submitted
electronically to the City as a PDF.The scope and budget includes one revision of the traffic analysis
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to respond to City comments.Upon revision,the final report will be submitted electronically to the
City.As requested,upto two hard copies of the memorandum will be provided to the City.Additional
hard copies may be provided on a time-and-materials basis.
Meetings.It is not anticipated that representatives of LSA's Transportation Department will need to
attend any meetings as part of this analysis.If any meeting attendance is required,the scope can be
modified to include meeting attendance on a time-and-materials basis.
Task 3.0:Initial Study
Task 3.1:Draft Initial Study
LSA will prepare an Initial Study based on the findings of the technical studies and independent
analysis and prescribe mitigation where necessaryto reduce environmental impacts of the project to
less than significant levels.LSA will review the City General Plan, pertinent environmental data,and
other relevant documentsto ascertain the extent of potential environmental impacts.LSA will address
thefollowing environmental factors presented in Appendix G of the CEQA Guidelines asthey relate to
the project,applicable City standards,and/or the standards of State or federal entities:
/ Aesthetics / Mineral Resources
► Agriculture and Forestry Resources ► Noise
/ Air Quality / Population and Housing
/ Biological Resources ► Public Services
/ Cultural Resources / Recreation
/ Energy / Transportation
/ Geology and Soils 0 Tribal Cultural Resources
/ Greenhouse Gas Emissions ► Utilities and Service Systems
/ Hazards and Hazardous Materials / Wildfire
/ Hydrology and Water Quality ► Mandatory Findings of Significance
/ Land Use and Planning
In addition to the technical reports detailed in Task 2.0, LSA will incorporate other relevant City-
supplied materials to complete the Initial Study. It is assumed that the applicant and/or City will
provide any additional technical studies or data prepared for the project including,but not limited to,
hydrologic/drainage plans,geotechnical/soils investigations,cultural resources documentation,water
quality management plans, hazardous materials assessments, site plans, building elevations/
renderings/plans,grading/utility plans,and related materials within one week of Notice to Proceed.
Completion of the draft Initial Study will be within two weeks of completion of the supporting
technical studies specified in Task 2.0 and LSA's receipt of all relevant and required information.Any
delay in the receipt of all or part of these required data may necessitate an extension of the estimated
completion date.
Note.This scope and cost identifies efforts to prepare an IS/MND and an additional scenario to prepare
an EIR. The Initial Study would be used to screen out the environmental factors determined not to
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result insignificant and unavoidable impacts,and LSA would prepare a focused EIR that would address
only those environmental factors that cannot be mitigated to levels below significance or that are
anticipated to be topics of controversy to the public based on the Public Scoping process(refer to Task
6.D).
Output: LSA will prepare an Initial Study and Notice of Intent(NOI)to adopt a Mitigated Negative
Declaration for review by City staff within two weeks of completion of the supporting
technical studies specified in Task 2.0 and LSA's receipt of all relevant and required
information.This scope and cost estimate assume up to two rounds of review/revision
and one electronic copy of the Initial Study for the City during each of the two review
cycles.
LSA assumes a consolidated and non-contradictory set of comments from the City
departments (including the City attorney)for each round of review. Comments from a
third-party reviewer or any other persons or entities will be considered an additional
round of review and potentially subject to a contract augment.As necessary, LSA will
make appropriate revisions to the Initial Studyto address City comments.
Note:The cost proposal does not include review of the IS/MND by third-party reviewers. If the City
and/or Applicant desire third-party reviewer involvement the cost to respond to third-party reviewer
comments shall be negotiated between LSA and the City before LSA responds to the comments made
by those entities.
Task 3.2:Mitigation Monitoring and Reporting Program
In conjunction with preparation of the draft Initial Study,LSA will prepare a Mitigation Monitoring and
Reporting Program(MM RID)to implement the mitigation measures outlined in the Initial Study for the
project.The mitigation measures will be included in a matrix check-off format for ease of tracking
their implementation.The MMRP will be attached to the Initial Study that is distributed for public
review.
Output: One electronic copy of the MMRP to the City during each of the two review cycles.
Task 4.0:Mitigated Negative Declaration
Task 4.1:Initial Study/Mitigated Negative Declaration(151114ND)Public Review Materials
Once the draft Initial Study has been reviewed and approved by the City (see Task 3.0), LSA will
prepare all the necessary forms for circulating the IS/MND to the public and resource agencies. LSA
will use standard forms orthose provided by the City,whichever is preferred.
LSA will process the IS/MND through the State Clearinghouse for a 30-day public review period as
required by CEQA.This scope and cost estimate assumes the City will be responsible for generating
the distribution list ofthe IS/MND,as well asfor publishingthe NOI in local newspaper(s),and noticing
adjacent and nearby property owners.As requested,LSA will post the NOI with the Riverside County
Clerk. LSA will distribute the IS/MND to the State Clearinghouse electronically and to agencies and
organizations on the City-provided distribution list via certified mail(return receipt).LSA will provide
the City evidence of all mailings and posting related to the distribution of the IS/MND.
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To minimize print and distribution costs,to the extent feasible, distribution pursuant to the City's
mailing list will consist of flash drives, which include the IS/MND and appendices as PDF files. An
alternative to distribution of hard copies and/or orflash drives is provision of a weblink on the NOI,
which will direct reviewing parties to the IS/MND and all supporting technical studies on the City's
website.This will assist in the conservation of resources through the elimination of unnecessary
printing and distribution.
Output: LSA will provide the City with up to five hard copies of the IS/MND and MMRP with the
technical appendices to be included only as PDF files on attached flash drives for City
records.As required,upto 25 hard copies of the NOI and upto 25 electronic copies of the
IS/MND,supporting appendices,and MMRP will be provided as PDF files on flash drives
for public distribution.
Task 4.2:Response to Public Comments
Upon close of the public review period, LSA will respond to comments on the IS/MND within two
weeks of receipt of a complete set of comments.This scope and cost estimate assumes upto 24 hours
of LSA staff time for this task. Time required in excess of this assumption will be incurred upon
authorization by the City and billed on a time-and-materials basis.
As required,the IS/MND will be revised to incorporate relevant comments/data received during the
public review period. Revisions to the IS/MND will be presented in an errata document to facilitate
subsequent review by the City.
Output: LSA will present all comments received on the IS/MND during the public review period,
as well as the responses to comments, in an errata document to be included as an
appendix to the Final IS/MND.If the City so chooses,LSA will distribute the responses to
comments directly to each commenting agency 10 days prior to the public hearing
decision on the project.
Task 4.3:Fina11S/MND and Notice of Determination
LSA will prepare upto five hard copies of the Final IS/MND,including the NOI,responses to comments,
and MMRP.All appendices will be provided as electronic PDF files on flash drives.Subsequent to
adoption of the IS/MND, LSA will provide the City with the Notice of Determination (NOD) for
submission to the Riverside County Clerk of the Board.Although LSA will prepare the NOD, it is the
responsibility of the City to file the NOD and pay Applicant-supplied filing fees with the County Clerk
of the Board.Failure to file the NOD within five business days of project approval will substantially
increase the period during which the project approval may be legally challenged.
Output: LSA will provide up to five hard copies of the Final IS/MND with appendices included
electronically on flash drives to the City.LSA will provide one electronic copy of the NOD
to the City to file with the Riverside County Clerk of the Board.
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Task 5.0:Project Management and Meetings
Task 5.1:Project Management
Proven specific quality control and project management tasks include the following:
• Assign the most appropriate Principal in Charge and Project Manager for the project and ensure
their availability throughout the project.
• Have the LSA Project Manager and City Case Planner systematically review the work program to
ensure a clear understanding of project definition and scope of work.
• Assign a project team with experience on similar projects and coordinate with task managers to
ensure staffing availability.
• Ensure that all project team members jointly understand applicable local, County, State, and
federal standards,policies,and procedures.
• Ensure timely delivery of project documents.LSA's commitment to meeting scheduling needs and
project demands extends to doing whatever it takes to complete the job within established time
frames.
• Ensure quality of work products and cost estimates,and timely delivery at lowest cost.
Output: LSA will review the project status with the City at agreed upon intervals to ensure
implementation of the scope of work and harmonious functioning of all team members,
as well as to identify any potential conflicts due to possible changes in scope.
Task 5.2:Meetings
In addition to the kick-off meeting (see Task 1.1), LSA will participate in monthly coordination
meeting(s)with City staff and, as permitted, the Applicant.This scope and cost estimate assumes
attendance at up to six one-hour monthly project coordination meetings occur via teleconference.
Additional meetings can be accommodated on a time-and-materials basis.
LSA will attend one Menifee Planning Commission hearing and one City Council hearing, as well as
one miscellaneous other public meeting of the City to consider approval of the IS/MND and action on
the project. If requested, LSA will make presentations explaining the content, findings, and
determinations of the IS/MND and will respond to relevant comments raised during the public
hearings.
Output: LSA will participate in six in-person (or teleconference) coordination meetings with City
staff and up to two public hearings/meetings to consider approval of the IS/MND and
action on the project.Ongoing telephone and email coordination among LSA and Citystaff
will ensure the smooth functioning of the CEQA program.
Additional Task:Environmental Impact Report
LSA anticipates the majority of the environmental factors listed in Appendix G of the CEQA Guidelines
(refer to Task 3.1)can be fully addressed in the Initial Study. Due to current public interest, LSA has
identified thefollowing scope of work to prepare an EIR as an optional task.Should an EIR be required,
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the Initial Study will focus the EIR analysis only to those environmental factors that result in a
significant impactor that are anticipated to be topics of controversy to the public based on the Public
Scoping process(refer to Task 6.0).LSA will not initiate any EIR work effort(Tasks 6.0 through 10.0
below)without the written authorization from the City.
Task 6.0:Notice of Preparation,Notice of Completion,and Public Scoping Meeting
Task6.1:Notice of Preparation/Notice of Completion.LSA will prepare a Notice of Preparation(NOP)
and Notice of Completion(NOC)stating an Initial Study is complete and an EIR is being prepared for
the project. The NOP will solicit comments on the scope of analysis to be included in the EIR
document.The draft NOP will be prepared using the City's preferred format.Once approved,LSAwill
distributethe NOP via certified mail(return receipt)to the parties on the distribution list provided by
the City.LSA will providethe City confirmation of all deliveries.The NOP will include an active weblink
reviewers may access to view the Initial Study prepared for the project(see Task 3.0).The City will
post the NOP with the Riverside County Clerk of the Board,in a newspaper of general circulation,and
on the City's website,and provide other required notification.
Output: LSA will submit the NOC to the State Clearinghouse for repository and provide the Initial
Study to the State Clearinghouse for distribution to State Agencies. As currently
permitted,the NOP,NOC,Initial Study with technical appendices,and Office of Planning
and Research (OPR) Summary Form will be uploaded to the OPR CEQAnet database
electronically.Direct upload by consultants to the CEQAnet site is not currently permitted.
Eitherthe City will upload these documents orthe City will provide LSA accessto CEQAnet
to perform the upload.
LSA will prepare up to 25 hard copies of the NOP for public distribution.One hard copy
and electronic copy of the NOP will be provided to the City.LSA will distribute the NOP
via certified mail(return receipt)to all other parties.
Task 6.2: Public Scoping Meeting. LSA will conduct one public scoping meeting for the proposed
project.The City will schedule the scoping meeting,secure an appropriate venue and media for the
meeting,and noticethe meeting in a local newspaper and the City's website.The date,place,media,
and time for the scoping meeting will be identified in the NOP, and the meeting will be scheduled
during the 30-day NOP public review period.
During the scoping meeting,LSA will collect public input on the project,explain the EIR process,and
respondto questions related to the preparation and processing of the EIR.Afterthe meeting,LSA will
summarize the written and verbal comments received and submit the meeting summary to the City
for review and approval to be included as an appendix to the EIR. LSA will identify and address all
pertinent comments received during the scoping meeting in the EIR.
Output: Assuming an in-person meeting,LSA will provide upto 25 hard copies of handout materials
for the scoping meeting and submit one electronic document to the City summarizing the
written and verbal comments received during the public scoping meeting. LSA will
document written and verbal comments received during the scoping meeting and submit
the meeting summary to the City for review and approval.
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Task 7.0:Administrative Draft Environmental Impact Report
Task 7.1: Administrative Draft EIR (ADEIR) No. 1. Prior to the EIR work effort, LSA will submit a
proposed EIR document template to the City for review and approval. LSA will review the City's
General Plan,environmental records for the site,Applicant-prepared reports,and/or other relevant
documents to ascertain the existence of and/or extent of potential environmental impacts.
LSA will conduct a comprehensive assessment of the project's impact(s).ADEIR No.1 will address the
key environmental factors determined potentially significant in the Initial Study(see Task 3.0)as they
relate to the project,applicable City standards,and/or the standards of State and federal entities.In
the discussion of these issues,LSA will address the following CEQA-mandated topics:
• Any significant irreversible environmental changes that would be involved in the proposed action,
should it be implemented;
• The significant unavoidable impacts resulting from project development;
• The cumulative impacts associated with the proposed project;
• The proposed project's consistency with local and/or regional plans;
• The potential growth-inducing aspects of the project;and
• The identification of potential alternatives to the proposed project.In addition to the"No Build"
alternative,up to three"build" alternatives will be evaluated.The scope of the alternatives will
be developed in consultation with the project Applicant and the City. The evaluation of
alternatives will provide a comparative analysis of alternatives to the proposed project.
Consideration of additional alternatives can be accommodated through an augment to this scope
and cost estimate.
LSA will examine all issues in an appropriate level of detail,and each issue will include an assessment
of the direct and indirect short-term and long-term environmental impacts that would be created by
the project based on established thresholds of significance. In addition, LSA will evaluate
implementable mitigation measures that can be effectively monitored and enforced for each
significant impact identified.
The EIR will address relevant comments received during the NOP period and public scoping meeting.
These work efforts will be compiled into ADEIR No.1,along with analysis of topical issues required by
CEQA,an Executive Summary,Introduction,Project Description,and Alternatives.This scope and cost
estimate assumes all non-LSA studies will be reviewed and approved by the City for incorporation in
ADEIR No.1.
The EIR will identify impacts that cannot be reduced to less than significant levels and LSA will discuss
significant impacts with City staff to evaluate possible modifications to the project characteristics or
alternatives that could reduce potential impacts to less than significant levels.This work will occur
prior to completing the ADEIR No. 1 document so the City can evaluate the project objectives and
track the progress of the project through the CEQA process.
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Output: LSA will providethe City one electronic copy(Word and PDF files)ofthe ADEIR for review
within 10 weeks of public distribution of the NOP.This scope and cost estimate assume
up to two rounds of review/revision and one electronic copy of the ADEIR No.1 for the
City during each of the two review cycles.As requested,LSA will provide up to two hard
copies of ADEIR No.1 for City review and comment(supporting technical appendices will
be provided on flash drives).
Note: A round of comments, as referenced throughout this scope, refers to a group of written
consolidated comments from City departments(including the City attorney).Review of the ADEIR by
the Applicant(as permitted by the City)will also constitute one separate round of review.Additional
round(s)of review of the ADEIR by the City Applicant third parties,or any other persons or entities will
be considered an additional round of review and may be completed upon authorization of an augment
to this scope and cost estimate.To limit duplication of work efforts,LSA will commence work on ADEIR
No.2 upon the receipt of City and,as permitted,other comments.
Task 7.2:Administrative Draft EIR No.2. Upon receipt of a consolidated, non-contradictory set of
written comments on ADEIR No. 1 from City staff, LSA will revise the EIR as necessary to address
comments.After all required revisions have been incorporated into the document, LSA will submit
ADEIR No.2 to the Cityfor review and approval.
Output: LSA will provide the City one electronic copy(Word and PDF files) of ADEIR No. 2 for
review.As requested,LSA will provide u p to two hard copies of ADEIR No.2 for City review
and comment(supporting technical appendices will be provided electronically).
Task 8.0:Draft Environmental Impact Report
Task 8.1:Prepare Draft EIR for Public Review.Upon receipt of a consolidated and non-contradictory
set of written comments from City staff on ADEIR No.2(Task 7.2), LSA will prepare the Draft EIR for
public review.LSA will be responsible for printing and distributing the Draft EIR using the most recent
distribution list compiled and provided bythe City.
Task 8.2: Mitigation Monitoring and Reporting Program. LSA will prepare a Mitigation Monitoring
and Reporting Program(MMRP)to assistthe City in implementingthe mitigation measures prescribed
in the EIR. The MMRP will delineate the procedures for monitoring and complying with each
mitigation measure, identify the agency/person(s) responsible for the monitoring and reporting of
each measure,and outline the schedule for implementation.
Task 8.3:Notice of Completion and Notice of Availability.LSA will prepare the Notice of Completion
(NOC)to accompany the Draft EIR to the State Clearinghouse and will prepare a Notice of Availability
(NOA)of the EIR for filing with the Riverside County Clerk.The City will be responsible for adequately
satisfying all filing and noticing requirements associated with the NOC and NOA pursuant to CECW.
Task 8.4: Circulate Draft EIR for Public Review. LSA will utilize the most recent distribution list
compiled and provided by the City.LSA will distribute the Draft EIR to agencies and the public within
one week of receiving approval for distribution from the City.The distribution of the Draft EIR will be
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via electronic upload to the State Clearinghouse and via Certified Mail (return receipt)to all other
pa rt ies.
LSA will distribute the NOA via certified mail(return receipt)to the parties on the City's distribution
list.LSA will provide the City confirmation of all deliveries.The NOA will include an active weblink to
the City's website that reviewers may access to view the Draft EIR.The City will post the NOA with the
Riverside County Clerk of the Board,in a newspaper of general circulation,and on the City's website,
and provide other required notification.
Output: LSA will provide the NOC and the Draft EIR to the State Clearinghouse for distribution to
State Agencies.As currently permitted,the NOA,NOC and Draft EIR will be uploaded to
the OPR CECAnet database electronically.Direct upload by consultants to the CEQAnet
site is not currently permitted.Eitherthe Citywill upload these documents orthe Citywill
provide LSA access to CEQAnet to perform the upload.Upon request,LSA will provide up
to 10 hard copies of the Draft EIR to the City for staff and/or public uses.If hard copies of
the Draft EIR are required,supporting technical appendices will be provided as PDF files
on flash drives included with each hard copy the Draft EIR.
LSA will distribute the NOA with active weblink to the Draft EIR to up to 25 parties on the
City's distribution list.
Task 9.0:Final Environmental Impact Report
Task 9.1:Response to Comments.Upon close of the public review period,LSA will prepare responses
to public and agency comments received on the Draft EIR.This scope and cost estimate anticipates
upto 80 hours of staff time will be required for this task.Work efforts related to this task in excess of
the time identified in this scope and cost estimate will be billed on a time-and-materials basis.As
necessary,LSA will formulate responses to the comments received on the Draft EIR within two weeks
of receipt of a complete set of comments from the public review period. LSA will submit draft
responses to comments to the City for review.
Task 9.2: Administrative Final EIR. LSA will prepare an Administrative Final EIR that includes
modifications to the Draft EIR in response to comments received. The Final EIR will include an
Executive Summary of the Draft EIR,modifications to the Draft EIR in response to comments received,
comment letters,and responses regarding the Draft EIR and Draft MMRP.
To facilitate review of the Final EIR,revisions made subsequent to public review of the Draft EIR will
be identified with underline/s4WeeA(strikeout)text.The Administrative Final EIR will be provided
to the City for up to two rounds of review and comment.This scope and cost estimate anticipates City
review of the Administrative Final EIRwill include concurrent review by responsible City departments,
including,but not limited to,Public Works,Fire/Police,Planning,and the City attorney.
Task 9.3:Draft Facts,Findings,and Statement of Overriding Considerations.Priorto hearings on the
project,LSA will prepare a draft Facts,Findings,and Statement of Overriding Considerations(SOC),if
needed,summarizingthefindings and mitigation measures contained in the Final EIR.The Draft Facts,
Findings, and SOC will be delivered to the City in electronic format for use by legal counsel and
finalization by the City.
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This scope and cost estimate anticipates up to 80 hours of staff time will be required for this task.
Work efforts related to this task in excess of the time identified this scope and cost estimate will be
billed on a time-and-materials basis.This scope and cost estimate anticipates the Facts,Findings,and
SOC will be revised by the City attorney prior to consideration of the project by the Planning
Commission and City Council.
Task 9.4:Final EIR.LSA will revise the Administrative Final EIR per City staff comments and prepare
the Final EIR for public hearings on the project and EIR. LSA will distribute the Final EIR to all
commenting parties at least 10 days prior to public hearing action on the project.
Output:
• Electronic copies(Microsoft Word and PDF)of Draft Responseto Comments to the Cityfor review
and comment.
• Electronic copies(Word and PDF)of the Administrative Final EIR during each round of review.
• Up to 10 hard and electronic copies(Word and PDF)each of the Final EIR to the City.
• Up to 10 electronic copies of the Final EIR(PDF on flash drive)distributed to commenting parties.
Task 10.0:EIR Project Management and Additional Meetings
Task 10.1:EIR Project Management.The work program will ensure the smooth functioning of the CEOA
process for the project by maintaining open communications with City staff. LSA will maintain a
continuous liaison with City staff by identifying and defining key issues as they arise and coordinating
responses.In addition to the kick-off and Scoping meeting(s)(see Tasks 1.1 and 6.2),LSA will participate
in up to fifteen(15) monthly coordination meeting(s)with City staff,and as permitted,the Applicant.
Additional meetings can be accommodated on a time-and-materials basis.
Output: As requested,LSA will prepare progress notes,schedule updates,etc.as LSA manages and
coordinates the CEQA process for this project.
Task 10.2: Additional Meetings and Public Hearings. LSA will attend up to six additional online
meetings and/or public hearings(Planning Commission and City Council)as requested by City staff to
discuss issues regarding preparation and certification of the EIR.LSA anticipates periodic telephone
conferences throughout the duration of the EIR process with City staff to ensure the timely
progression of work efforts and resolution of issues of concern.LSA will provide project updates via
email as needed or requested.
Task 10.3:Project Record.Upon certification of the EIR,LSA will compile the Project Record.The City
will provide copies of the certifying resolutions and/or project approvals.The Project Record will
include, but shall not be limited to,the final environmental document(including technical studies,
supporting data, comments received, and the MMRP), copies of scoping meeting materials (as
applicable), approving resolutions, source documents, reference material, project notices, public
comments and responses,and other relevant materials.
Output: LSA will provide the City one electronic copy(PDF on flash drive)of the Project Record.
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PROJECT SCHEDULE
For preparation of an IS/MND, the following table provides tentative time frames for each task
outlined in the scope of work based on October 21,2020,approval of contract.This schedule may be
subject to change based on the actual date of approval of City Contract,Notice to Proceed,availability
of required data,and/or City review times.
SCHEDULEOF DURATION DATE OF
Authorization to Proceed 1 day October 21,2020
Task 1.0:Project Initiation
1.1:Project Kick-off Meeting 1 day Late October 2020
1.2:Project Description 3 days Late October 2020
Task 2.0:Technical Studies/Reports'
2.1:Air Quality/GHG Impact Analysis 5 weeks Late November 20201
2.2:Noise and Vibration Assessment 5 weeks Late November 20202
2.3:Energy Analysis Memorandum 5 weeks Late November 2020'
2.4.1:Biological Resources Assessment/MSHCP Consistency Analysis 6 weeks Early December 2020
2.5:VMT/LOS Analysis 10 weeks Early January 20211
Task 3.0:Initial Study
3.1:Draft Initial Study 2 weeks Late January 20214
City Review 2 weeks Mid-February 2021
LSA Revision 1 week Mid-February 2021
City Review 2 weeks Late February 2021
3.2:Mitigation Monitoring and Reporting Program' — Late February 2021
Task 4.0:Mitigated Negative Declaration
4.1:IS/MND Public Review Materials 1 week Early March 2021
End Public Review Period 30 days Early April 2021
4.2:Response to Public Comments 2weeks Mid-April 2021
4.3:Final IS/MND and NOD 1 day Mid-April 2021
City Review 2 weeks Late April 2021
LSA Revises Final IS/MND 1 day Late April 2021
Task 5.0:Project Management and Meetings
5.1:Project Management Ongoing
5.2:Meetings and Public Hearings Ongoing
Public Hearings(assume up to two) 1 day each To be determined
TOTAL 7 to g months'
1.Date to first delivery,based on assumptions detailed in this scope.
2.Assumes required data will be available 3 weeks after Notice to Proceed.
3.Accou nts for Winter 2020/2021 Holiday Closures.
4.Assumes completion of all studies and receipt of all required and relevant project materials.
5.May be affected by need to conduct focused burrowing owl and/or narrow endemic plant surveys per protocol requirements.
The schedule of tasks is dependent upon the timely receipt of all required data and project materials
and the adherence to the review times identified in the table above.This schedule assumes the City
review of technical studies/reports will occur over a two-week period. Review of studies by the
applicant and/orthird-party peer reviewers would require an adjustment to this tentative schedule.
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Should the City determine an EIR is required for the project,the following schedule will apply.The
time required to complete Tasks 1.0through 4.1 remains unchanged.The NOP will be distributed with
the Initial Study for public review in early March 2021.The EIR schedule will commence from the date
the NOP and Initial Study are disseminated for public review.This EIR schedule of tasks is dependent
upon the timely receipt of all required data and project materials and adherence to the review times
identified.
DURATION
Task 6.0:Notice of Preparation,Notice of Completion,and Scoping Meeting
6.1:Notice of Preparation/Notice of Completion 1 day
Early March 2021
City Staff Review 1 day
Distribute NOP and NOC with Initial Study 1 day Early March 2021
Public Review Period 30 days Early April 2021
6.2:Public Scoping Meeting 1 day To be determined'
Task 7.0:Administrative Draft EIR
7.1:Administrative Draft EIR No.1 10 weeks Mid-May 20211,1
City Staff Review 2 weeks Late May 2021
7.2:Administrative Draft EIR No.2 2 weeks Mid-June 2021
City Staff Review 2 weeks Late June 2021
Task 8.0:Draft EIR
8.1:Prepare Draft EIR for Public Review 1 week Mid-June 2021
8.2:Mitigation Monitoringand Reporting Program 1day Mid-June 2021
8.3:Notice of Completion and Notice of Availability 1 day Mid-June 2021
City Staff Review 1 week Late June 2021
8.4:Circulate Draft EIR for Public Review 1 day Late June 2021
Public Review Period 45 days Late June-Mid August 2021
Task 9.0:Final EIR
9.1:Response to Comments 3 weeks Early September 2021
City Review of Comments 2 weeks Mid-September 2021
9.2:Administrative Final EIR 1 week Late September 2021
City Staff Review 2 weeks Mid October 2021
9.3:Draft Facts,Findings,and SOC 2 weeks Late October 2021
City Staff Review/Finalization 2 weeks Mid November 2021
9.4:Final EIR 1 week Early December 2021
Task 10.0:EIR Project Management and Additional Meetings
10.1:EIR Project Management Ongoing
10.2:Additional Meetings and Public Hearings 1 day each To be determined
10.3:Project Record 1 week One week from EIR certification
TOTAL:Environmental Impact Report(Tasks 1.0-10.0) 14 to 15 months
1. Scoping will occur during the IS/NOP public review period.Actual date to be determined by City.
2. Work on the ADEIR can commence upon circulation of the IS/MND.
3. Assumes the preparation of a multi-issue A DEIR.The time frame for completion of ADEIR may be reduced depending on number
of issues carried forward for analysis.A single-issue EIR can be completed within five weeks of release of the IS/NOP and
confirmation of project alternatives.
4. Should the project be continued,this schedule will be adjusted accordingly.
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COST ESTIMATE
LSA proposes to complete the IS/MND and technical studies as outlined in Task 1.0 through Task 5.0
for$92,940 without Optional Tasks 2.4.2 and 2.4.3 or for$108,805 with Optional Tasks 2.4.2 and
2.4.3.
In the event the City determines that any significant impact cannot be reduced to a less than
significant level, LSA would prepare an EIR. LSA can complete the EIR for the project as outlined in
Task 6.0 through Task 10.0 for an additional$145,860.The cost for to complete the EIR effort(Tasks
1.0 through 4.1 and Tasks 6.0 through 10.0)would be$221,900 without Optional Tasks 2.4.1 and
2.4.3 or for$237,765 with Optional Tasks 2.4.2 and 2.4.3. Initiation of any EIR work will not occur
without written authorization from the City.
The following table provides estimated budgets by task for information and convenience.The final
budget will be competed as an hourly approach,with a not-to-exceed amount forthe entire project.
LABORINITIAL STUDY EIR(if required)
TASK EXPENSES' TO BOR TOTAL
Task 1.0:Project Initiation $25 $2,410 $2,435 - - -
1.1:Project Kick-off Meeting $25 $1,110 $1,135 - - -
1.2:Project Description $0 $1,300 $1,300 - - -
Task 2.0:Technical Studies/
$1,000 $50,875 $51,875
Reports - - -
2.1:Air Quality/GHG Impact
$0 $9,750 $9,750
Analysis - - -
2.2:Noise and Vibration $375 $6,950 $7,325 - - -
Assessment
2.3:Energy Analysis
$0 $2,840 $2,840
Memorandum - - -
2.4.1:Biological Resources
Assessment/MSHCPConsistency $625 $10,335 $10,960 - - -
Analysis
2.5:VMT/LOS Analysis $0 $21,000 $21,000 - - -
Task 3.0:Initial Study $0 $16,980 $16,880 - - -
3.1:Draft Initial Study $0 $15,840 $15,840 - - -
3.2:Mitigation Monitoring and $0 $1,040 $1,040 - - -
Reporting Program
Task 4.0:Mitigated Negative
$600 $11,570 $12,170 - - -
Declaration
4.1:IS/MND Public Review
$300 $4,550 $4,850 - - -
Materials
4.2:Response to Public $0 $4,160 $4,160 - - -
Comments
4.3:Final IS/MND and NOD $300 $2,860 $3,160 - - -
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INITIALSTUDY
TASK EXPENSES' LABOR TOTAL EXPENSES' LABOR TOTAL
Task 5.0:Project Management
$150 $9,430 $9,580 -
and Meetings - -
5.1:Project Management $50 $5,200 $5,250 - - -
5.2:Meetings and Public $100 $4,230 $4,330 - - -
Hearings
SU BTOTAL:INITIAL STUDY $1,775 $91,165 $92,940 - - -
WITHOUT OPTIONAL TASKS
Optional Task 2.4.2:Burrowing $400 $8,790 $9,190 - - -
Owl Focused Survey
Optional Task 2.4.3:NEPSSA $0 $6,675 $6,675 - - -
Survey Report
SUBTOTAL:OPTIONAL TASKS j $400 $15,465 $15,865 - - -
TOTAL:INITIALSTUDYWITH $2,175 $106,630 $108,805 - - -
OPTIONAL TASKS
Task 6.0:NOP,NOC,and Public
Scoping Meeting - - - $100 $4,105 $4,205
6.1:Notice of Preparation/Notice _
- - $0 $1,615 $1,615
of Completion
6.2:Public Scoping Meeting - - - $100 $2,490 $2,590
Task 7.0:Administrative Draft
- - - $100 $65,610 $65,710z
EIR
7.1:Administrative Draft EIR No.1 - - - $50 $46,500 $46,550'
7.2:Administrative Draft El R No.2 - - - $50 $19,110 $19,1602
Task 8.0:Draft EIR - - - $600 $11,685 $12,285
8.1:Prepare Draft EIR for Public
- - - $100 $4,860 $4,960
Review
8.2:Mitigation Monitoring and _
- - $0 $1,930 $1,930
Reporting Program
8.3:Notice of Completion and - - - $0 $895 $895
Notice of Availability
8.4:Circulate Draft EIR for Public
- - - $500 $4,000 $4,500
Review
Task 9.0:Final EIR - - - $500 $36,860 $37,360
9.1:Response to Comments - - - $0 $14,190 $14,190
9.2:Administrative Final EIR - - - $0 $9,560 $9,560
9.3:Draft Facts,Findings and SOC - - - $0 $8,000 $8,000
9.4:Final EIR - - - $500 $5,110 $5,610
Task 10.0 EIR Project _
Management and Meetings - - $90 $26,210 $26,300
10.1:EIR Project Management - - - $0 $13,710 $13,710
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INITIALSTUDY
TASK EXPENSES' LABOR TOTAL EXPENSEV LABOR TOTAL
10.2:Additional Meetings and
— — $75 $5,500 $5,575
Public Hearings
10.3:Project Record — — — $15 $7,000 $7,015
SUBTOTAL:EIR _
Tasks 6.0 through 10.0) — — $1,390 $144,470 $145,8602
SUBTOTAL INITIAL STUDY _
— — $1,025 $75,015 $76,040
TASKS 1.0 through 4.1)
TOTAL EIR
TASKS 1.0-4.1 and 6.0-10.0) $2,415 $219,485 $221,900
SUBTOTAL OPTIONALTASKS
$400 $15,465 $15,865
2.4.2 and 2.4.3
TOTAL EIR with OPTIONAL
— — $2,815 $234,950 $237,765z
TASKS 2.4.2 and 2.4.3'
1 Reimbursable expenses e. Records Search and Fossil Localit fees,mileage,printing,shipping,
p ( g., y g p' g, Aping,technical equipment,etc.).
2 Assumes completion of a multi-issue EIR(e.g.,more than one environmental issue requiring EIR analysis).In the event a single-
issue EIR is required,the cost maybe adjusted as follows:ADEIR No.1,$31,490 and ADEIR No.2,$14,095(total Task 7,$45,585)
Upon confirmation that a single-issue EIR is appropriate,LSA will prepare a detailed revised cost breakdown to be reviewed and
approved by the City.
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PROPOSAL SPECIFICATIONS
The cost estimate is based on the specifications listed below.
• This proposal is considered confidential and proprietary information to be reviewed by onlythe
Client and LSA.This proposal,and the specific contents herein,are not to be shared,conveyed,
and/or otherwise communicated to any person, company, agency and/or entity without prior
consent of both the Client and LSA.
• The cost to prepare the technical studies and CEQA document does not include activities outside
the scope of services presented in our proposal.
• Should the project description change after the commencement of the technical studies, the
budget and schedule may warrant an amendment.
• Cost and schedule estimates are based on our best judgment of the requirements known at the
time of the proposal and can be influenced favorably or adversely by City and/or Applicant needs
and other circumstances.LSA will endeavorto perform the services and accomplish the objectives
within the estimated costs and schedule.Once the analyses of the project have commenced,any
changes in the design,nature,location,and/or extent of the project may require an adjustment
to this scope and cost estimate.Additionally,efforts not specifically detailed in this scope of work
may require an adjustment to this cost estimate.
• The cost proposal does not include review of the IS/MND,EIR,or technical studies by third-party
reviewers. If the City and/or Applicant desire third-party reviewer involvement, the cost to
respond to third-party reviewer comments shall be negotiated between LSA and the City before
LSA responds to the comments made by those entities.
• The Project Team members will provide LSA with copies of all known documentation relating to
the physical or other conditions of the project site within one week after authorization to proceed
orwithin a reasonable time from completion of studies currently being prepared.
• Except as set forth in this proposal,it is assumedthat the City(or its designee)will be responsible
for the distribution of documents, publication and/or posting of notices, and payment of
associated filling fees and costs.
• The cost estimate remains open and valid for a period of 90 days from the proposal due date.
Beyond 90 days,LSA reserves the right to reevaluate the estimated costs.
• The costs for attending additional meetings(assume three-hour average meeting time and add in
anytravel costs)shall be an estimated$500.00 per meeting.
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DocuSign Envelope ID:65247B50-365E-460E-A71A-0066B4A6F427
JumE 2019 SCHEDULE OF STANDARD CONTRACT PROVISIONS L S/
AND BILLING RATES
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
FEES FOR PROFESSIONAL SERVICES
Fixed-Fee Contracts
If a fixed-fee proposal,the professional services described in the Scope of Services Section of the
attached proposal shall be provided for the fixed fee noted in the proposal.Invoices will be generated on
a monthly basis based on the percentage of work completed and/or an agreed-upon schedule of values.
The fixed fee includes all labor and expenses required to complete the defined scope of work.Any
changes in the scope of work,significant delays or additional tasks will be considered extra services.Extra
services shall be provided on a time and expenses basis at the same rates specified for hourly contracts,
unless other arrangements are made in advance.
Hourly Contracts
If an hourly plus expenses proposal,the professional services described in the Scope of Services Section
of the attached proposal shall be provided on a time and materials basis at current hourly rates.These
rates are as shown on a Rate Schedule that is attached,or can be made available.Hourly rates are
subject to review at least annually on or about June 1 of each year,and may be adjusted to reflect
changing labor costs,at our discretion,at that time.(A schedule can be made available upon request.)
Direct costs(including cost of subconsultants)shall be reimbursed at cost plus 10 percent,unless other
arrangements are made in advance,and are not included in the hourly fee for professional services.
The total estimated amount of time and expenses noted in the proposal will serve as a control on the
services to be provided.The specified amount will not be exceeded without prior approval of the client.
EXTRA SERVICES
Services provided by LSA under this Agreement are defined in the Scope of Services Section of the
attached proposal.The Scope of Services was created with the intent of executing the specific tasks and
level of service requested by the client.Any additions,changes to the Scope or substantial delays to the
schedule as defined in the Scope will be considered extra services.Extra services shall be provided on a
time-and-expense basis at the hourly rates in effect when the extra service is provided,unless other
arrangements are made in advance.Extra services will be communicated to and authorized by the client
prior to commencing work.Should an alteration to the Scope include removing tasks or reducing the
scope of the level of service,LSA shall invoice for the work performed prior to receiving written notice of
the change.
INVOICING
Monthly invoices shall be submitted for progress payment based on work completed to date.LSA will
invoice the client using our standard invoicing format and will submit the invoice to the client via
electronic mail.Clients requesting changes to LSA's standard invoice or process for submittal may be
billed additional time to develop the invoice and monthly administration of the billing.
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DocuSign Envelope ID:65247B50-365E-460E-A71A-0066B4A6F427
JumE 2019 SCHEDULE OF STANDARD CONTRACT PROVISIONS LSA
AND BILLING RATES
PAYMENT OF ACCOUNTS
Terms are net 30 days.A service charge of 1.5 percent of the invoice amount(18 percent annual rate)
may be applied to all accounts not paid within 30 days of invoice date.Any attorney's fees or other costs
incurred in collecting any delinquent amount shall be paid by the client.
STANDARD OF CARE
Services provided by LSA under this Agreement will be performed in a manner consistent with the degree
of care and skill ordinarily exercised by members of the same profession currently practicing under
similar circumstances.LSA will endeavor to maintain consistent staff on the project;however,
unforeseen issues outside of our control such as employee illness,relocation,injury or departure can
occur.From time to time,unforeseen circumstances require us to replace project staff or project
managers with other equally qualified staff in order to meet our commitments.The terms of this
proposal are not contingent upon work being performed by named staff.LSA reserves the right to
substitute equally qualified staff when necessary.
PROJECT DELAYS
The terms of this Proposal are based on the anticipated project schedule.In the event of unanticipated
project delays,the scope of services may be subject to amendment,change,or substitution.
INDEMNIFICATION
Client and consultant each agree to indemnify and hold the other harmless and their respective officers,
employees,agents,and representatives from and against liability for all claims,losses,damages,and
expenses,including reasonable attorneys'fees,to the extent such claims,losses,damages,and expenses
are caused by the indemnifying party's negligent acts,errors,or omissions.
ELECTRONIC FILE DATA CHANGES
Copies of documents that may be relied upon by client are limited to the printed copies(also known as
hard copies)that are signed or sealed by LSA.Files in electronic media format or text,data,graphic,or
other types that are furnished by LSA to client are only for convenience of client.Any conclusion or
information obtained or derived from such electronic files will be at the user's sole risk.When
transferring documents in electronic media format,LSA makes no representations as to long-term
compatibility,usability,or readability of documents resulting from the use of software application
packages,operating systems,or computer hardware differing from those of LSA at the beginning of the
assignment.
FORCE MAJEURE
Neither party shall be deemed in default of this Agreement to the extent that any delay in performance
of its obligation results from any cause beyond its reasonable control and without its negligence.
LITIGATION
In the event that either party brings action under the proposal for the breach or enforcement thereof,
the prevailing party in such action shall be entitled to its reasonable attorneys'fees and costs whether or
not such action is prosecuted to judgment.
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DocuSign Envelope ID:65247B50-365E-460E-A71A-0066B4A6F427
JuNE 2019 SCHEDULE OF STANDARD CONTRACT PROVISIONS LSA
AND BILLING RATES
NOTICES
Any notice or demand desired or required to be given hereunder shall be in writing,and shall be deemed
given when personally delivered or deposited in the mail,postage prepaid,sent certified or registered,
and addressed to the parties as set forth in the proposal or to such other address as either party shall
have previously designated by such notice.Any notice so delivered personally shall be deemed to be
received on the date of delivery,and any notice mailed shall be deemed to be received 5 days after the
date on which it was mailed.
TERMINATION OF CONTRACT
Client may terminate this agreement with 7 days prior notice to LSA for convenience or cause.Consultant
may terminate this Agreement for convenience or cause with seven days prior written notice to client.
Failure of client to make payments when due shall be cause for suspension of services,or ultimately
termination of the contract,unless and until LSA has been paid in full all amounts due for services,
expenses,and other related charges.
If this Schedule of Standard Contract Provisions is attached to a proposal,said proposal shall be
considered revoked if acceptance is not received within 90 days of the date thereof,unless otherwise
specified in the proposal.
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DocuSign Envelope ID:65247B50-365E-460E-A71A-0066B4A6F427
JuNE 2019 SCHEDULE OF STANDARD CONTRACT PRovisiON, L S/
AND BILLING RATES
HOURLY BILLING RATES EFFECTIVE JUNE 2019
Job Classification Hourly Rate
Cultural/ Range,'
Paleontological
Planning Environmental Transportation Air/Noise Resources Biology GIS
Principal Principal Principal Principal Principal Principal Principal $175-390
Associate Associate Associate Associate Associate Associate Associate $125-245
Senior Senior Senior Senior Air Senior Cultural Senior Biologist/ Senior GIS $115-220
Planner Environmental Transportation Quality/Noise Resources Manager/ Botanist/Wildlife Specialist
Planner Planner/Engineer Specialist Paleontologist Biologist/Ecologist/
Soil Scientist/
Herpetologist/
Arborist
Planner Environmental Transportation Air Quality/ C u ltu ra l Reso u mes Biologist/Botanist/ GIS $85-150
Planner Planner/Engineer Noise Specialist/ Manager Wildlife Biologist/ Specialist
Climate Change Archaeologist/ Ecologist/Soil
Specialist Architectural Scientist/
Historian/ Herpetologist/
Paleontologist Arborist
Assistant Assistant Assistant Air Quality/ Cultural Resources Assistant Biologist/ Assistant $85-100
Planner Environmental Transportation Noise Analyst Analyst Botanist/Wildlife GIS
Planner Planner/Engineer Biologist/Ecologist/ Specialist
Soil Scientist/
Herpetologist/
Arborist
Field Services
Senior Field Crew/Field Crew $80-100
Office Services
Graphics $115-150
M a rket i ng $75-125
Office Assistant $65-115
Project Assistant $70-145
Research Assistant/Intern $50-80
Word Processing/Technical Editing $95-125
' The hourly rate forwork involving actual expenses in court(e.g.,giving depositions or similar expert testimony)will be billed at$400 per
hour regardless of job classifications.
L Hourly rates are subject to review at least annually,on or about June 1 of each year,and may be adjusted to reflect changing labor costs at
LSA's discretion at that time.
LSA IN-HOUSE DIRECT COSTS EFFECTIVE JUNE 20191
Description Unit Cost Description Unit Cost
Reproduction (8.5 x 11)B/W $0.07 per page GPS Unit $75.00 per day
Reproduction (8.5 x 11)Color $0.40 per page Total Station Surveying Instrument $50.00 per day
Reproduction (11 x 17)B/W $0.10 per page Level(Laser or Optical) $25.00 per day
Reproduction (11 x 17)Color $0.75 per page Laser Rangefinder $25.00 per day
CD Production $5.00 per CD Sound Meter $75.00 per day
USB Flash Drive $5.00 per drive Sound Meter with Velocity Transducer $85.00 perday
Plotting $3.75 per sq It
Aerial Photo Cost
Ae rial Drone $200.00 per day Boat Rental $125.00 per day
Mileage On-Road Currentfederal rate Water Quality Meter $25.00 per day
Mileage Off-Road Currentfedeml rate Night Vision Goggles $50.00 per unit per night
L Direct costs shall be reimbursed at cost plus 10 percent.
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