HomeMy WebLinkAboutItem No. 11 PSA EDP Solutions Environmental Doc Lakeshore Dr. Condo ProjectCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-114
Agenda Date: 3/22/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 11)
Professional Services Agreement with EPD Solutions for Environmental Documentation for the
Lakeshore Drive Condominium Project
Approve and Authorize the City Manager to execute an Agreement for Professional Services with
Environment Planning Development (EPD) Solutions, Inc. to prepare California Environmental Quality
Act (CEQA) compliance documents in the amount not to exceed $89,840, in such final form as
approved by City Attorney
Page 1 City of Lake Elsinore Printed on 3/17/2022
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Damaris Abraham, Planning Manager
Date: March 22, 2022
Subject: Professional Services Agreement with EPD Solutions for Environmental
Documentation for the Lakeshore Drive Condominium Project
Recommendation
Approve and Authorize the City Manager to execute an Agreement for Professional Services with
Environment Planning Development (EPD) Solutions, Inc. to prepare California Environmental
Quality Act (CEQA) compliance documents in the amount not to exceed $89,840, in such final
form as approved by City Attorney.
Background
The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of
development projects proposed within the City. The Community Development Department is
responsible for the preparation of the necessary information and, depending on the scope and
size of the project, will either prepare the environmental documents in-house or have a consultant
prepare the documents and studies. The project applicant (Coastal Commercial Properties)
through the application fee process pays for the cost of preparing the environmental analysis.
Discussion
The applicant has submitted an entitlement application for a new residential development located
at the southwesterly side of Lakeshore Drive and easterly of Machado Street (APNs 379-230-001
and 002). The project proposes the development of a new 140-unit condominium community with
four plan types (ranging in size from 1,807 sq. ft. to 2,008 sq. ft.) on an approximately 10-acre site
within the Lakeshore Village Specific Plan.
The project is required to prepare technical studies such as a Traffic Impact Report, Air Quality
Report, Greenhouse Gas Emissions Report, Energy Report, Noise Report, Hydrology Report,
Biological Report, Cultural Resources Report, Phase 1 Environmental Site Assessment,
Paleontology Report, and Geotechnical Report. EPD Solutions, Inc. will utilize the above technical
studies to prepare a detailed analysis for the project as required by CEQA.
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the developer
through the City’s cost recovery program. All staff administrative time and consultant costs are
EPD Solutions Agreement – Lakeshore Dr. Condos
CC: March 22, 2022
Page 2 of 2
paid from the applicant’s fees. No General Fund budgets will be allocated or used for the
completion of the CEQA documents for the project.
Exhibits
A – Agreement
B – Proposal
@BCL@84126BA1 Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC.
ENVIRONMENTAL DOCUMENTATION FOR THE LAKESHORE DRIVE CONDOMINUM
PROJECT
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of March 22, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
Environment Planning Development Solutions, Inc. dba EPD Solutions, Inc., a California
Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
CEQA consulting services for the Lakeshore Drive Condominum Project (“Project”).
B. Consultant has submitted to City a proposal, dated January 31, 2022, attached
hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional
services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant’s Proposal, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant’s Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
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c. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant’s compensation exceed eighty
nine thousand and eight hundred forty dollars ($89,840) without additional written authorization
from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of
pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or
administrative charge. Payment by City under this Agreement shall not be deemed a waiver of
defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City
describing the services and related work performed during the preceding month to the extent that
such services and related work were performed. Consultant’s bills shall be segregated by project
task, if applicable, such that the City receives a separate accounting for work done on each
individual task for which Consultant provides services. Consultant’s bills shall include a brief
description of the services performed, the date the services were performed, the number of hours
spent and by whom, and a description of any reimbursable expenditures. City shall pay
Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Consultant’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Consultant’s prospective or then current personnel
is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Consultant shall be immediately referred to City, without any other actions by
Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specif ications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & 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 & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs relating to project for which Consultant ’s services are
rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8. Consultant’s Books and Records.
a. 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
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
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b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant’s
representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Consultant shall at all times be under
Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Consultant or any of Consultant’s officers,
employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Consultant as provided in the
Agreement, Consultant and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributio n
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
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by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant’s services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant’s field of
expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Consultant and/or its employees, officers, or board
members.
b. Consultant represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obl igation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
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law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indem nification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
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iii. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed
with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Environmental Planning Development Solutions, Inc.
Attn: Konnie Dobreva
2 Park Plaza, Suite 1120
Irvine, CA 92614
18. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be permitted only with the
express consent of the City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
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21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing W age Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
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make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Director of Administrative Services
“CONSULTANT”
Environment Planning Development
Solutions, Inc., a California Corporation
By: Konnie Dobreva
Its: Vice President of Environmental
Planning
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
Urban Planning ■ Due Diligence ■ Entitlements ■ CEQA/NEPA ■ Development Services ■ Management ■ Public Outreach
2355 Main Street, Suite 100 ■ Irvine, Calif. 92614
949.794.1180 ■ info@epdsolutions.com
Submitted via email.
January 31, 2022
Damaris Abraham
City of Lake Elsinore
dabraham@lake-elsinore.org
RE: Proposal for Environmental Analysis and CEQA Compliance Management on the proposed 140-
Unit Residential Community on Lakeshore Drive, Lake Elsinore
Dear Ms. Abraham:
Thank you for meeting with us to discuss the potential CEQA compliance approach with the proposed 140-
unit residential community on Lakeshore Drive. All of us at EPD Solutions, Inc. are thrilled to have another
opportunity to work with you and the other City staff. Below is our proposed scope of work based on our
discussion.
PROJECT UNDERSTANDING
The 10-acre project site (9.71 net acres) is comprised of 2 lots and is located on Lakeshore Drive, west of
Lake Elsinore and south of Interstate 15, which can be accessed by Riverside Drive. The Local access to the
site is provided from Rio Rancho Road, which is a major arterial roadway. The site is bound by Rio Rancho
Road to the northwest, I-17 to the northeast, existing commercial uses (restaurants) to the west, and a
Walmart to the southeast.
The project site is rectangular in shape and currently undeveloped. The project site is designated in the
General Plan as Lakeshore Village Specific Plan and zoned Attached Residential, Commercial Residential
Flex within Lakeshore Village Specific Plan. The site is bounded by residential and undeveloped land uses
to the west and east, residential uses to south, and Lakeshore Drive to the north. To the north of Lakeshore
Drive are vacant lots and scattered low density residential and one commercial building.
The proposed project includes 140 2-story duplex homes in a gated community with a community park and
pool, spa and bathroom building. Pocket parks and seating areas are also dispersed throughout the
community. With the available information and based on our conversation, the proposed project would be
consistent with the site’s General Plan and Specific Plan designations.
PROPOSED ENVIRONMENTAL REVIEW
As we discussed, due to the project’s compliance with the General Plan and Specific Plan, we anticipate the
appropriate CEQA compliance approach for the project would be pursuant to State Guidelines Section
15183, which is a CEQA streamlining provision available to projects that are consistent with a community
plan (such as the City’s General Plan) previously analyzed under an approved environmental document.
Proposal for CEQA Analysis for Lakeshore Residential Project
January 31, 2022 Page 2
For purposes of this proposal, this is assumed to be the case, which will be validated by EPD through a
thorough review of potential impacts of the project using an Initial Study. The Initial Study will guide the
appropriate CEQA path and confirm the project can be streamlined under Section 15183. In the event
impacts of the project are determined to significant and peculiar to the project or its site compared to what
was previously approved under the applicable General Plan and Lakeshore Specific Plan environmental
document, a Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) would be
prepared if deemed appropriate.
SCOPE OF WORK
1. Project Initiation and Project Description
2. Technical Studies
a. Peer Review of Applicant Prepared Studies
b. Air Quality and Greenhouse Gas Emissions Analysis
c. Energy Analysis
d. Noise Impact Analysis
e. Cultural and Paleontological Resources Assessment
3. Initial Study
4. Notice of Exemption (NOE)
5. CEQA Project Management
1. Project Initiation and Project Description
As part of this task, EPD will review the project’s entitlement application submittal package, the City’s
General Plan and Municipal Code, and other relevant documents. EPD will then prepare a detailed project
description for the project.
As you are likely aware, one of the keys to successful CEQA compliance is a clear definition of the project
and its components. Prior to initiating technical studies, the project description must be complete,
comprehensive, and stable and finite in order to ensure the studies analyze potential impacts accurately and
fully. EPD will identify any additional information needed to develop a thorough and complete project
description.
EPD will also confer with the City and project team during this early process to discuss the potential
environmental impacts of the proposed project. As part of this initial review, EPD will confer with the team
to determine if any issues might come up related to the thresholds of significance Subsequent to this initial
analysis, EPD will discuss with the team the results and identify any potential issues relative to the impact
analysis and mitigation measures.
2. Technical Studies
The following technical studies are proposed to be prepared in support of the IS.
Air Quality and Greenhouse Gas Emissions Analysis
Energy Analysis
Noise Impact Analysis
Cultural and Paleontological Resources Assessment
Certain technical studies that are required for the project are expected to be contracted through the
applicant and are therefore excluded from our scope. These studies include the Water Quality Management
Proposal for CEQA Analysis for Lakeshore Residential Project
January 31, 2022 Page 3
Plan (WQMP), hydrology study, biological study, and geotechnical study. In addition, we anticipate being
provided a Phase I Environmental Site Assessment (ESA).
2.1. CEQA Adequacy Review of Applicant Prepared Studies
EPD will review the Applicant-prepared Traffic Impact Assessment (TIA), hydrology study, WQMP,
Geotechnical and Phase I ESA reports for an accurate and consistent project description, adequacy in
responding to applicable CEQA impact questions, use of appropriate thresholds, and identification of
appropriate mitigation, as necessary. For efficiency, we will provide comments and revisions within the Word
files of the technical studies and use “track changes” and commenting features in the review of documents.
Where Word files are not available, we will comment within the PDF files. Comments will be summarized in
a peer-review memo.
2.2. Air Quality and Greenhouse Gas Emissions Analysis
Air Quality Analysis/Gasoline Service Station Screening-Level Health Risk Assessment
The proposed project is located within the jurisdiction of the South Coast Air Quality Management District
(SCAQMD). The following scope of work serves to meet the City’s and SCAQMD’s requirements for
preparation of a CEQA Air Quality and Greenhouse Gas Analysis.
Air Quality
• Evaluate the existing conditions of the project study area; this will include gathering background air
quality data, local wind patterns in the study area and identifying applicable rules, plans and
thresholds of significance.
• Identify construction-related air quality impacts from associated construction activities at the project
site which may include import/export of fill dirt, mass grading, building construction, paving, concrete
pouring, etc.
• Evaluate operational emissions for the proposed project, based upon trip generation projections
provided as part of the traffic study. Peak hour trips will be used along with estimates of the types
of trips generated and average travel speeds to estimate daily emissions generated by the project.
In addition, emissions from other operational sources such as heaters, air conditioners, water heaters,
consumer products, and lawn care equipment will also be considered.
• Perform a screening-level CO Hot Spot analysis of future conditions at key intersections located in
the project study area will be prepared. It is anticipated that a qualitative discussion on CO Hotspot
potential and rationale as to why more detailed modeling of CO Hotspot analysis is not required.
• Perform Construction Localized Significance Threshold (LST) analysis as recommended by the South
Coast Air Quality Management District (SCAQMD) for construction and operational activity. The
scope of work includes a screening-level health risk assessment due to the gasoline service station
proposed on-site. The screening assessment will utilize published guidance from the California Air
Pollution Control Officers Association (CAPCOA) in their Gasoline Service Station Industrywide Risk
Assessment Guidelines. No dispersion modeling is anticipated to be required.
• Evaluate potential odor impacts resulting from the proposed project. Identify applicable mitigation
measures and regulatory requirements that the project must comply with to minimize odors. For
purposes of this evaluation a qualitative assessment of odors and odor controls is expected.
• Qualitatively discuss cumulative impacts within the context of planned and foreseeable projects for
short-term construction and long-term operational activity. A “list” approach per CEQA will be
utilized when discussing cumulative impacts using the list of cumulative projects identified in the traffic
report. Since the basin is in non-attainment the determination of significance will likely be based on
whether or not the Project results in a substantial incremental increase.
Proposal for CEQA Analysis for Lakeshore Residential Project
January 31, 2022 Page 4
Greenhouse Gas Emissions Analysis
• Evaluate applicable federal and state regulatory requirements (i.e., AB32, SCAQMD, CARB
thresholds). Qualitatively discuss the effects of GHG emissions on regional air quality.
• Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion
that will likely occur during the various phases of construction. Data available from the project team
and technical air quality analysis will be utilized in characterizing GHG-generating activities.
• Evaluate operational GHG emissions for the proposed project which will include emissions from
mobile sources, heaters, air conditioners, water heaters, consumer products, cargo handling
equipment (CHE), and lawn care equipment will also be considered.
• The emissions evaluation for short-term construction, long-term mobile source, and long-term
stationary source activity will consider project design, and mitigation measures that have the
potential to reduce GHG emissions.
• Evaluate project significance based on an applicable Climate Action Plan or direction provided by
the Project CEQA preparer and/or the lead agency.
• Identify and recommend mitigation measures that are feasible to implement and that will reduce
any potential impacts to the maximum extent possible. Prepare a greenhouse gas report that
incorporates the findings and all supporting calculations.
2.3. Energy Analysis
We will prepare energy calculations associated with electricity, natural gas, and transportation fuels in a
summary table for inclusion in the CEQA document.
2.4. Noise Impact Analysis
• Identify and review applicable, Federal, State and Local Noise criteria. This includes the City of
Pomona Noise Element and Municipal Code to determine appropriate noise standards and
significance criteria.
• Collect long-term 24-hour ambient noise level measurements in the project study area at up to six
locations to quantify the existing noise environment. All noise level measurement equipment will
satisfy American National Standards Institute (ANSI) standard specifications for sound level meters
ANSI S1.4-2014/IEC 61672-1:2013. The noise level measurements will be collected consistent with
the criteria outlined in the Municipal Code. Briefly describe the ambient noise conditions in the Project
study area.
• Collect reference noise level measurements to represent the expected stationary source impacts
associated with the proposed Project land uses including the planned car wash.
• Evaluate the potential stationary source noise impacts associated with the operation of the proposed
Project and recommend measures to reduce the potential noise impacts to any nearby noise-sensitive
uses.
Provide a detailed construction noise and vibration analysis for each stage of construction using
reference noise level measurements of similar activities.
Summarize the results of the study in a noise impact analysis report addressing the potential impacts
associated with the Project and provide the appropriate measures to reduce the impacts to levels
of less than significant.
2.5. Cultural and Paleontological Resources Assessment
Brian F. Smith & Associates prepared the prior cultural and paleontological resources assessments for the
7.5-acre parcel and will update the studies to include the 1.5-acre parcel that wasn’t included.
Proposal for CEQA Analysis for Lakeshore Residential Project
January 31, 2022 Page 5
• Cultural Resources Background Research – We will request an updated cultural resources records
search of the project area from the South Central Coastal Information Center (SCCIC) at California
State University, Fullerton and the Native American Heritage Commission (NAHC). The results of the
records searches will identify previous studies and previously registered cultural resources within or
near the property. The receipt of records searches from the SCCIC may be delayed due to COVID-
19 restrictions. If necessary, the survey and report will be completed with a provision that the record
searches will be forwarded to the City upon receipt.
• The property will be surveyed by a qualified archaeologist. Should any cultural resources be
identified during the survey, either historic or prehistoric, subsequent significance evaluations may
be required. Any additional efforts required will be presented in a subsequent proposal document.
• A paleontological review of available research will be completed to determine if fossil resources
exist within the project area and which could require mitigation measures as part of any future
development.
• Two technical reports will be prepared for use in the CEQA environmental review process. The
archaeological report will provide the results of the previous studies, the updated record searches,
data from field survey, and NAHC consultation. The paleontological assessment will provide results
of the research of fossil records and projections of the potential to encounter significant fossil
deposits at this location. For the purposes of this proposal, we will assume that the cultural resources
report will be negative. If cultural resources, either historic or prehistoric, are identified on the
property as a result of the records information or the field inspection, CEQA protocol will require
that the resources be evaluated for significance and potential impacts analyzed.
2.6. Traffic Impact Analysis
Based on a preliminary evaluation, the project generates more than 50 peak hour trips and is located in a
low VMT area. Using the screening criteria provided in the City of Lake Elsinore Traffic Impact Analysis
Preparation Guide, the proposed development will likely require a level of service (LOS) analysis only. A
vehicle miles traveled (VMT) analysis will likely not be required, which is reflected in the scope of work
below.
2.6.1. LOS and VMT Scoping Agreements
EPD will prepare a scoping agreement including the methodology and scope for both LOS and VMT analysis.
EPD will work with the City staff to obtain approval of the LOS and VMT scope prior to proceeding with the
VMT and LOS traffic impact analysis.
2.6.2. Existing and Future Roadway Network
EPD will document conditions of the surrounding roadway network, number of travel lanes, and non-
motorized and transit facilities. A map of the roadway network will be provided. Traffic control,
channelization and other relevant characteristics will be documented at the study intersections as well. EPD
staff will also work with City staff to obtain current plans for future roadway facilities in the area.
2.6.3. Existing Traffic Operations
Existing peak hour traffic volumes will be collected at up to 2 study area intersections. EPD will calculate
existing AM and PM peak hour intersection LOS at study intersections using Highway Capacity Manual (HCM)
6th Edition methodology.
Proposal for CEQA Analysis for Lakeshore Residential Project
January 31, 2022 Page 6
2.6.4. Project Trip Generation, Distribution and Assignment
A trip generation analysis will be conducted to estimate the number of daily, AM peak hour and PM peak
hour trips based on the trip rates from ITE Trip Generation Manual. The project trip generation will be
distributed to the project study area based on the likely routes of the travel to and from the project site.
2.6.5. Traffic Analysis Scenarios
It is anticipated that the following with scenarios will be included in the study:
• Existing Conditions
• Project Completion (Existing plus Ambient Growth Plus Project)
• Cumulative (Existing Plus Ambient Growth Plus Cumulative Projects)
2.6.6. Site Access Analysis
EPD will evaluate access points and on-site circulation which includes driveway spacing, potential
signalization of driveways, stacking distance, shared access, adequate sight distance, and any other
operational characteristics as identified by City staff.
2.6.7. LOS Mitigation Measures
EPD will identify mitigation measures to reduce or off-set LOS deficiencies identified in all project scenarios.
It will be noted whether mitigation measures are included in an existing mitigation fee program. If mitigation
measures are not included in a fee program, the project’s fair-share will be calculated. Peak hour traffic
signal warrant analysis will be prepared for any unsignalized intersections that would require a traffic signal
for acceptable operations.
2.6.8. Documentation of Analysis and Findings
A draft TIA will be prepared documenting all analyses, findings, and conclusions. Upon review by the City,
EPD will revise the TIA up to one revision and provide the revised document for City review and approval.
3. Initial Study
This scope of work assumes an Initial Study (IS) in support of a Section 15183 will be sufficient to achieve
CEQA compliance. EPD will work with the City, and the applicant, and their design team, as authorized by
the City, to mitigate all impacts to below a level of significance; however, if an impact cannot be mitigated
adequately, it could be elevated to an IS/MND or deemed significant and unavoidable by the City, which
would trigger the need for an Environmental Impact Report (EIR). We will advise the project team
immediately if we find any impacts could reach this severity.
3.1. Administrative Draft IS
EPD will prepare an Initial Study consistent with the State CEQA Guidelines and the City’s local CEQA
guidelines. We anticipate the Initial Study will be used to support the use of a Section 15183 determination.
One round of review is assumed.
3.2. Public Review Draft IS
Based on comments from the project team, a Public Review draft will be submitted to the City for review.
Project team and City comments will be incorporated into an updated document. One round of review per
entity is expected.
3.3. Response to Comments
Although not required by CEQA, at the City’s request, EPD will prepare responses to comments received by
interested parties and agencies on the IS and will assist the City in preparation for public hearings. This
Proposal for CEQA Analysis for Lakeshore Residential Project
January 31, 2022 Page 7
scope assumes 11 hours of professional staff time. If a large volume of letters is received requiring extensive
responses, EPD will advise the City and costs will be extra to contract.
4. Notice of Exemption
EPD will prepare a Notice of Exemption (NOE) for the project using the Office of Public Resource standard
NOE form. EPD will be responsible for filing the NOE with the State Clearinghouse and with the County.
5. Meetings, Hearings, and CEQA Project Management
EPD’s CEQA project manager will coordinate closely with City staff to assure that the IS and associated
documents are legally defensible, accurate, and useful to decision makers considering the approval of the
project. The project manager will also coordinate with City staff throughout the process not only to streamline
the CEQA process, but to avoid or anticipate any changes that could result in delays.
To effectively manage the costs of the project, EPD will attend bi-monthly conference calls (briefings) to
update the City on upcoming deliverables and discuss any potential issues that may impact the scope of
work. EPD will draft agendas in advance of these meetings and deliver minutes via email to the entire project
team. The minutes will identify action items and the responsible party to implement said action item. In
addition to standing meetings, EPD will be available to the project team and City staff to answer questions,
address concerns, or to clarify issues as they arise.
The project manager will be responsible for managing (1) task scheduling and assignment, management of
resources, monitoring of costs, and schedule adherence; (2) consultation and coordination with local and state
agencies relative to the environmental document and the environmental review process; (3) coordination and
communications with the project team and City to ensure that City policies, procedures, and any applicable
codes are complied with and, where applicable, are incorporated into the CEQA document; and (4) ensuring
that the environmental review process and the CEQA document satisfy the statutes and guidelines of CEQA
and CEQA procedures.
This scope of work assumes attendance at one public hearing by the project manager and the principal in
charge and project management of 2 hours per month of the 3-4-month duration of the CEQA portion of the
project.
FEES & EXPENSES
EPD proposes the following labor fees. Tasks 2 through 4 will be billed as fixed fees at the conclusion of
each task or subtask; Task 6 will be billed on a time-and-materials basis, with the balance billed following
filing of the NOE.
Proposed Work Scope Tasks Proposed Fee
Task 1: Project Initiation and Project Description $5,100
Project Initiation $2,100
Project Description $3,000
Task 2: Technical Studies $48,890
2.1: Peer Review of Applicant Studies $4,025
2.2: Air Quality & GHG Emissions Analysis $12,960
2.3: Energy Analysis $2,080
2.4: Noise Impact Analysis $9,875
Proposal for CEQA Analysis for Lakeshore Residential Project
January 31, 2022 Page 8
Proposed Work Scope Tasks Proposed Fee
2.5: Cultural/Paleontological Resources Assessment $6,600
2.6: Traffic Impact Analysis $5,450
Task 3. Initial Study $25,250
3.1: Administrative Draft $18,950
3.2: Public Review Draft $3,275
3.3: Response to Comments $3,025
Task 4. Notice of Exemption $1,050
Task 5. CEQA Project Management $10,300
Management $6,100
Meetings $4,200
Estimated Fees & Expenses $900
TOTAL (Without Estimated Expenses) $88,940
TOTAL (With Estimated Expenses) $89,840
The reimbursable Estimated Expenses (mileage, reprographics, shipping) are an estimate only. This budget
does not include direct expenses, processing or application fees, or deposits for environmental consultants
contracted directly by the client. Expenses would be billed per the attached Provisions of Agreement.
Our cost estimate is based on our scope of services and schedule, and the following assumptions:
The cost estimate is valid for up to 180 days from the date of submittal/opening, after which it
may be subject to revision.
Costs have been allocated to tasks to determine the total budget. EPD may reallocate costs among
tasks, as needed, as long as the total budget is not exceeded.
Additional review cycles or additional versions of administrative drafts of any documents beyond
the assumptions contained within the scope of work will constitute additional work.
The budget is based on completion of work within a maximum 6-month schedule. If a delay of 90 days or
more occurs as a result of circumstances beyond control we reserve the right to adjust our budget to account
for increased labor rates and other costs.
Thank you again for the opportunity to work on this project. Should you have any questions, please do not
hesitate to contact me at (949) 794-1183 or konnie@epdsolutions.com.
Sincerely,
EPD Solutions, Inc.
Konnie Dobreva, JD
Vice President of Environmental Planning
Enclosure (1)
To begin work, EPD requires this agreement be signed by the client below.
Agreed to by:
Proposal for CEQA Analysis for Lakeshore Residential Project
January 31, 2022 Page 9
__________________________ _____________
Signature Date
________________________________________
Printed Name and Title
Proposal for CEQA Analysis for Lakeshore Residential Project
January 31, 2022 Page 10
PROVISIONS OF AGREEMENT
The City of Lake Elsinore (“Client”) and Environment | Planning | Development Solutions, Inc. (“Consultant”) agree that
the following Provisions of Agreement (“Provisions”) shall be part of the agreement to Client dated January 31, 2022
for the services described therein (“Project”) to which these Provisions are attached and both shall be considered and
constitute the “Agreement” referenced herein.
I. DEFINITIONS:
1. Client and Consultant agree to cooperate with each other in order to fulfill their responsibilities and
obligations under this Agreement. Both Client and Consultant shall endeavor to maintain good working
relationships among members of the project team.
2. Ownership of Instruments of Service: All documents prepared or furnished by Consultant pursuant to this
Agreement are Consultant’s Instruments of Service, have been prepared for use solely with respect to this
Project, and Consultant shall retain an ownership and property interest therein. Consultant grants Client a
license to use Consultant’s Instruments of Service for the purpose of constructing, occupying and maintaining
the Project. Reuse or modification of any such documents by Client, without Consultant’s written permission,
shall be at Client’s sole risk, and Client agrees to indemnify and hold Consultant harmless from all claims,
damages and expenses, including attorneys’ fees, arising out of such reuse by Client or by others acting
through Client.
Client acknowledges that Consultant’s Instruments of Service may be stored and delivered to Client and
others in electronic files (“Data”), and that anomalies and errors can be introduced into the Data when it is
transferred or used in conjunction with incompatible computer equipment or software. Consultant’s Data is
being furnished "as is" and Consultant shall have no duty to modify or update the Data unless a part of the
approved Project. Consultant reserves the right to retain an archival paper or electronic copy of the Data
delivered to Client or the general contractor which shall be referred to and shall be conclusive proof and
govern in all disputes over the form or content of the Data furnished by Consultant.
If Consultant is not paid in full for all its services, Client shall, upon demand, return Consultant and
Consultant’s sub-consultants Instruments of Service and refrain from using Instruments of Service for any
purpose whatsoever.
II. CONSULTANTS RESPONSIBILITIES:
1. Consultant will perform its professional services in the manner identified in the Agreement for the identified
fixed fees and budgeted items, excluding direct expenses. Services provided on a time and materials basis
or additional services will be charged based on the following hourly billing rates:
List of Standard Hourly Rates
Position Hourly Rate
President/Principal $275 - $300
Vice President of: Planning; Environmental Planning; Development; Transportation
Planning; Construction Management; Engineering; Design
$250 - $275
Senior Director of: Planning; Environmental Planning; Development; Transportation
Planning; Construction Management; Engineering; Design
$240 - $260
Director of: Planning; Environmental Planning; Development; Transportation Planning;
Construction Management; Engineering; Design
$230 - $250
Senior: Project Manager; Planner; Transportation Planner; Engineer; Environmental
Planner; Associate
$195 - $230
Project Manager; Associate Engineer $175 - $195
Associate: Planner; Environmental Planner; Transportation Planner $160 - $175
Assistant: Project Manager; Environmental Planner; Transportation Planner; Project
Planner; Engineer
$150 - $160
Project Coordinator; GIS Analyst; Drafter $135 - $150
Support Staff $85 - $135
Proposal for CEQA Analysis for Lakeshore Residential Project
January 31, 2022 Page 11
Once the maximum fee is reached, Consultant will stop work unless Consultant and Client agree to increase
the maximum fee amount or Client agrees to pay for additional services in accordance with Consultant's
billing rates identified herein.
This rate schedule is subject to change due to the granting of wage increases and/or other employer
benefits to field or office employees during the lifetime of this agreement.
2. Consultant will complete professional services described in this Agreement as expeditiously as is consistent
with, and limited to, Consultant’s standard of care.
3. This Agreement comprises the entire and integrated agreement between Client and Consultant and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may
be amended only by written instrument signed by an authorized representative of both Client and
Consultant.
4. If any of the provisions of this Agreement shall be finally determined to be invalid or unenforceable in whole
or in part, the remaining provisions hereof shall remain in full force and effect and be binding upon Client
and Consultant hereto. Client and Consultant agree to reform this Agreement to replace any such invalid or
unenforceable provision with a valid and enforceable provision that comes as close as possible to the
intention of the stricken provision.
5. If the scope of services includes Consultant's assistance in applying for governmental permits or approvals,
Consultant's assistance shall not constitute a representation, warranty or guarantee that such permits or
approvals will be acted upon favorably by any governmental agency.
6. Governing Law: The laws of the state in which the Project is located shall govern the validity and
interpretation of this Agreement.
7. Construction Observation: Consultant shall visit the project at intervals appropriate in the Consultant’s
professional opinion, during construction to become generally familiar with the progress and quality of
contractor’s work and to determine if the work is proceeding in general accordance with the Contract
Documents. Client has not retained Consultant to make detailed inspections or to provide exhaustive or
continuous project review and observation services. Consultant does not guarantee the performance of, and
shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other
entity furnishing materials or performing any work on the project.
If Client desires more extensive project observation or full-time project representation, Client shall request
such services be provided by Consultant as Additional Services in accordance with the terms of this
Agreement.
It is agreed that Consultant’s services under this Agreement do not include project observation, review of
contractor’s performance or any other construction phase services. Client assumes all responsibility for all
construction phase services including, but not limited to:
a. Submittal review and approval
b. Contract document interpretation
c. Site observations
d. Change order review and approval
e. Review and approval of contractor payment applications
f. Certificates of substantial and final completion
g. Preparation and disposition of punch lists
h. Responding to contractor requests for information
i. Administration of any operational and maintenance training including collection operational and
training manuals
Client waives any claims against Consultant that may be in any way connected with Client’s decision not to
retain Consultant to performance construction phase services. Client agrees, to the fullest extent permitted
by law, to indemnify and hold harmless Consultant, its officers, directors, employees and sub-consultants
(collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys’ fees and
Proposal for CEQA Analysis for Lakeshore Residential Project
January 31, 2022 Page 12
defense costs, arising out of or in any way connected with the performance of such services by other persons
or entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments
or changes made to Contract Documents to reflect changed field or other conditions.
Client, Client’s contractors or subcontractors, or anyone for whom Client is legally liable shall assume full
responsibility for the results of any changes made to the Contract Documents during construction. Client
agrees to waive any claims against Consultant and to release Consultant from any liability arising directly
or indirectly from such changes.
Contract Documents Definition: The Contract Documents consist of the agreement, conditions of the contract
(general, supplementary and other conditions), drawings, specifications, addenda issued prior to execution
of the Agreement, other documents and modifications issued after execution of the Agreement.
8. Jobsite Safety: Consultant shall not supervise, direct or have control over general contractor or its
subcontractors, regardless of tier, any employee or agent thereof (hereinafter “Contractor”)
work. Consultant shall not have authority over or responsibility for the construction means, methods,
techniques, sequences or procedures or for safety precautions and programs in connection with the work of
Contractor. Consultant does not guarantee the performance of the construction contract by Contractor and
does not assume responsibility for Contractor’s failure to furnish and perform its work in accordance with the
Construction Documents.
III. CLIENT’S RESPONSIBILITIES
1. Client acknowledges that its right to utilize reports and other documents of Consultant provided pursuant to
this Agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of
this Agreement, and Client has performed all its obligations under this Agreement, including but not limited
to payment for services rendered.
2. Client further agrees to waive all claims against Consultant resulting in any way from any unauthorized
changes, use or reuse of the electronic files for any other project by anyone other than Consultant.
3. All fees and other charges due Consultant will be billed monthly and shall be due at the time of billing unless
specified otherwise in this Agreement.
4. Consultant will provide Client with monthly invoices for services rendered and costs advanced. Client agrees
that all billings from Consultant to Client are correct and binding on Client unless Client, within ten (10) days
from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies,
or errors in billing.
5. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one-half percent
(1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to
any unpaid balance commencing thirty (30) days after the date of the billing. If Client notes any
inaccuracies, discrepancies, or errors in billing pursuant to Article III, late fees shall only apply beginning on
the thirty-one (31) days after the inaccuracies, discrepancies, or errors have been corrected.
IV. OWNERSHIP AND USE OF DOCUMENTS AND DATA
1. Prints or document printing will be billed directly to Client by the print company at no additional Consultant
administrative cost or billed by Consultant at cost plus fifteen percent (15%). All other reimbursable
expenditures will be invoiced at cost plus fifteen percent (15%) handling fee. Sub-consultant costs will be
billed at cost plus twenty-five percent (25%). Mileage will be billed at the standard Federal rate as
provided for under Internal Revenue code.
2. Standard of Care: Consultant’s services shall be provided consistent with and limited to the standard of
care applicable to such services, which is that Consultant shall provide its services consistent with the
professional skill and care ordinarily provided by members of the same profession practicing in the same or
similar locality under the same or similar circumstances.
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3. Survival: Notwithstanding completion or termination of this Agreement for any reason, all rights, duties and
obligations of the parties to this Agreement shall survive such completion or termination and remain in full
force and effect until fulfilled hereunder and termination of this Agreement.
V. RISK ALLOCATION
1. Waiver of Consequential Damages: Notwithstanding any other provisions in this Agreement, Client and
Consultant each waive consequential damages against the other party. Notwithstanding anything to the
contrary set forth herein, the foregoing waiver shall not apply if the consequential damages are covered by
Consultant’s insurance policy.
2. Indemnity: Consultant and Client each agrees to indemnify and hold harmless the other (Indemnitor and
Indemnitee), and their respective principals, officers, directors, partners, employees, and any other entity or
person for which Indemnitor and Indemnitee is legally liable, from and against any damages, losses,
liabilities, judgments, settlements, expenses, and costs (including reasonable and necessary attorneys' fees,
costs and expenses recoverable under applicable law), that Indemnitee incurs as a result of third party
claims, demands, actions, suits or matters connected therewith, to the extent caused by the negligent acts,
errors or omissions, or willful misconduct of Indemnitor in the performance of services under this Agreement
and any other entity or person for which the Indemnitor is legally liable.
Notwithstanding the foregoing, if Indemnitor’s obligation to indemnify arises out of Indemnitor’s performance
of services for the Project as a “design professional,” as that term is defined in California Civil Code Section
2782.8, Indemnitor’s indemnity obligation shall be limited in accordance with the provisions of Section
2782.8 as it was in effect as of the date of this Agreement.
3. Waiver of Personal Liability: It is intended by the parties to this Agreement that Consultant or its sub-
consultant(s) services in connection with this Project shall not subject Consultant’s or its sub-consultant(s)
individual employees, officers or directors to any personal legal exposure for the risks associated with the
Project or this Agreement, or any Addenda. Therefore, and notwithstanding anything to the contrary
contained herein, Client agrees that as Client’s sole and exclusive remedy, any claim, demand or suit shall
be directed and/or asserted only against Consultant, a California corporation or its incorporated sub-
consultant(s), and not against any of Consultant’s or its sub-consultant(s) individual employees, officers or
directors.
4. Consultant will be legally liable for only the services expressly undertaken pursuant to this Agreement, and
not otherwise. Consultant will not be legally liable for the providing of, or the failure to provide other
services, even if information from others is incorporated into Consultant's instruments of service for ease of
reference or otherwise. Further, and without limitation, Consultant will not be responsible for delays or other
matters beyond its reasonable control; for inaccurate information provided to it by Client or other
reasonably reliable sources; for site conditions of which it was not informed; for hazardous materials or toxic
substances at the Project site; for construction means, methods, techniques, sequences or procedures, including
without limitation excavation, shoring, demolition or erection procedures or construction safety precautions
and programs; for the timeliness or quality of contractor performance or for the failure of any contractor to
perform work in accordance with the Project’s construction documents; or for actions or inaction of third
parties including other consultants, utility companies and governmental or quasi-governmental agencies.
5. Limitation of Liability: To the extent permitted by law, the total liability, in the aggregate, of Consultant and
its employees, officers, directors, members, partners, agents, and consultants, to Client, its subsidiary and/or
affiliated companies and its respective employees, officers, directors, members, partners, agents and
anyone claiming by, through, or under Client, for any and all injuries, claims, losses, expenses, or damages
whatsoever arising out of, resulting from or in any way related to Consultant’s services, the Project or this
Agreement, or any addenda, from any cause or causes whatsoever, including but not limited to, negligence,
strict liability, breach of express or implied contract or warranty shall not exceed a total amount of
$50,000.
6. Certification: Consultant shall not be required to execute certificates, consents or reliance letters that would
require knowledge, services or responsibilities beyond the scope of this Agreement, and shall not be
required to sign any documents that would result in Consultant having to certify the existence of conditions
whose existence Consultant cannot reasonably ascertain beyond its standard of care.
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7. Unauthorized Changes to Plans: In the event Client, Client's contractors or subcontractors or anyone for
whom Client is legally liable, makes or permits any changes to be made to any reports, plans, specifications
or other construction documents prepared by Consultant without obtaining Consultant's prior written consent,
Client agrees to waive any claim against Consultant and to release Consultant from any liability arising
directly or indirectly from such changes. In addition, Client agrees (1) to the fullest extent permitted by law,
to indemnify and hold harmless Consultant from any damages, liabilities or costs arising from such change,
and (2) to include in any contracts for construction appropriate language that prohibits any contractor or
subcontractors of any tier from making any changes or modifications to Consultant's construction documents
without the prior written approval of Consultant and that further requires contractor to indemnify both
Consultant and Client from any liability or cost arising from such changes made without such proper
authorization.
VI. INSURANCE
1. Insurance: Consultant shall purchase business insurance as follows:
a. Professional Liability Insurance, with prior acts coverage sufficient to cover the services performed under this
Agreement, and policy limits in an amount of $1,000,000 each claim and $2,000,000 annual policy period
aggregate limit.
Consultant specifically agrees, pursuant to this Agreement, to waive any rights of recovery against Client
because of any payment made to the extent coverage is provided by the policy.
b. Commercial General Liability Insurance (ISO CG 0001 0413), or another equivalent occurrence-based
policy form, including coverage for bodily injury and property damage liability arising out of premises,
operations, completed operations, and products in addition to advertising injury and personal injury liability
coverage with a per project limit of not less than $1,000,000 each occurrence and $2,000,000 general
aggregate limit.
Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Additional Insured Provision: Shall include Client and Client-designated additional insured(s), to the
extent coverage is provided by the policy, caused in whole or in part by Consultant or those acting on
Consultant’s behalf. Additional insured coverage shall be provided by a combination of the CG2010
0413 and CG2037 0413 endorsements, or other comparable endorsement(s).
ii. Primary and Non-Contributory Provision: The insurance provided to Client-designated additional
insured(s) is primary to other insurance, which covers such additional insured as a named insured, and
will not share with that other insurance to the extent coverage is provided by the policy. Primary and
Non-contributory coverage shall be provided by CG2401 0413, or other comparable endorsement.
iii. Waiver of Subrogation Provision: The insurance provided shall waive any rights of recovery against
Client-designated additional insured(s), because of any payment made to the extent coverage is
provided by the policy. Waiver of Subrogation provision shall be provided by CG2404 0509, or
other comparable endorsement.
c. Owned, Hired and Non-Owned Automobile Liability Insurance, with a limit of not less than $1,000,000
combined single limit for bodily injury and property damage liability arising out of the maintenance or use
of any policy covered hired or non-owned automobile by Consultant or Consultant’s employees in the course
of Consultant’s business.
Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Additional Insured Provision: Shall include Client-designated additional insured(s), to the extent
coverage is provided by the policy.
ii. Waiver of Subrogation Provision: The insurance provided shall waive any rights of recovery against
Client-designated additional insured(s), because of any payment made to the extent coverage is
provided by the policy.
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d. Commercial Umbrella or Excess Liability Insurance, on a follow form basis with a limit of not less than
$2,000,000 each occurrence and $2,000,000 general aggregate limit. Coverage shall be excess of
commercial general liability, hired and non-owned automobile liability and employers’ liability with such
coverage being concurrent with underlying insurance.
e. Workers’ Compensation Insurance, covering Consultant’s employees in accordance with statutory
requirements of all jurisdiction(s) in which Services are being performed and Employers’ Liability Insurance in
an amount of:
Bodily Injury by Accident: $1,000,000 Each Accident
Bodily Injury by Disease: $1,000,000 Policy Limit
Bodily Injury by Disease: $1,000,000 Each Employee
Consultant specifically agrees, pursuant to this Agreement, to the following:
i. Waiver of Subrogation Provision: The insurance provided shall waive any rights of recovery against
Client because of any payment made to the extent coverage is provided by the policy. Waiver of
subrogation provision shall be provided by WC 04 03 06 (Ed. 4-84) from the Workers’ Compensation
Insurance Rating Bureau or WC 00 03 13 (Ed. 4-84) from the National Council on Compensation
Insurance, or other comparable endorsement.
f. Certificates of Insurance: Prior to the commencement of this Agreement and upon the renewal of any of the
insurance policies required hereunder, Consultant shall furnish certificates of insurance to Client as evidence
of the insurance listed in Article VI.
2. Compliance with Code: Consultant shall exercise due and reasonable professional care in observing those
federal, state, and local codes, standards, statutes, and regulations applicable at the time Consultant
renders service. Notwithstanding the foregoing, Consultant has no responsibility for the discovery, presence,
handling, removal, or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
form at the Project site. It is understood, however, that various codes and regulations are subject to varying
and sometimes contradictory interpretation. Consultant shall exercise its professional skill and care consistent
with, and limited to, the generally accepted standard of care to provide a design that complies with such
regulations and codes.
VII. DISPUTE RESOLUTION
1. (a) Except as provided in subdivisions (b) and (c), in an effort to resolve any conflicts that arise during the
design or construction of the project or following completion of the project, Client and Consultant agree that
all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding
mediation, unless the parties mutually agree otherwise.(b) Subdivision (a) shall not preclude or limit
Consultant's right to file an action for collection of fees if the amount in dispute is within the jurisdiction of the
small claims court.(c) Subdivision (a) shall not preclude or limit Consultant's right to record.
2. Reliance on Information Provided by Others: Consultant shall be entitled to rely, without liability, on the
completeness and accuracy of any and all information and data provided by Client, Client’s consultants and
contractors, and information from public records, without the need for independent
verification. Notwithstanding the foregoing, Consultant shall use its reasonable judgment and experience in
determining whether such reliance is advisable.
Client will also require its consultants and contractors to promptly notify Client if its consultants or
contractor(s) observes or becomes aware of faults or defects in documents prepared by Consultant and
Client will provide prompt written notice to Consultant.
3. Assignment: Neither Consultant nor Client may assign its obligations, interests, or delegate its duties under
this Agreement (including monies that are due or monies that may be due) without prior written permission of
the other party, which consent shall not be unreasonably withheld.
4. Severability: If any of the provisions of this Agreement shall be finally determined to be invalid or
unenforceable in whole or in part, the remaining provisions hereof shall remain in full force and effect and
be binding upon Consultant and Client hereto. Consultant and Client agree to reform this Agreement to
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replace any such invalid or unenforceable provision with a valid and enforceable provision that comes as
close as possible to the intention of the stricken provision.
VIII. GENERAL PROVISIONS
1. Suspension of Services: Services may be suspended in the event of the following:
a. A substantial failure of performance by either party.
b. Any Client’s payment is more than 30 calendar days past due and Consultant shall have no liability to
Client for delay or damage caused Client because of such suspension of services.
c. Before resuming services, Client shall pay Consultant all sums due prior to such suspension and expenses
incurred in the interruption and resumption of Consultant’s services. Consultant’s fees for the remaining
services and the time schedules shall be equitably adjusted.
d. If the Project is abandoned or suspended in whole or part for more than a cumulative ninety (90)
calendar days or indefinitely postponed either party may terminate this Agreement and Consultant
shall be paid for all services provided.
e. If the Project is resumed after a delay of more than ninety (90) calendar days in the aggregate,
Consultant shall be entitled to additional compensation for remobilization costs and the time schedules
shall be equitably adjusted.
2. Termination: Either party may terminate this Agreement upon seven (7) working days' written notice to the
other party, with or without cause. Said notice shall be deemed to be effective upon delivery to the other
party. In the event of termination by Client, Consultant shall cease work at the time specified or if no time is
specified, at the end of the day on the day receipt of the notice. Consultant shall be paid in full for services
performed and expenses incurred to date as reasonably agreed upon by both parties.
3. Third-Party Beneficiaries: Client and Consultant agree that services performed by Consultant under this
Agreement are solely for the benefit of Client, and are not intended by either Client or Consultant to benefit
any other person or entity including, but not limited to, the Project contractor and/or any of its
subcontractors. Any such benefit is purely incidental and such other person shall not be deemed a third-
party beneficiary of this contract.
4. Governing Law: This Letter Agreement shall be governed in accordance with the laws of the state in which
the Project is located, excepting those provisions dealing with conflicts of laws.