HomeMy WebLinkAboutItem No. 06 - EPD SolutionsCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-372
Agenda Date: 9/27/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 6)
Professional Services Agreement with EPD Solutions for Environmental Documentation for the
Mission Trail at Lemon 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 $126,695, in such final form as
approved by City Attorney.
Page 1 City of Lake Elsinore Printed on 9/22/2022
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Kevin Beery, Associate Planner
Date: September 27, 2022
Subject: Professional Services Agreement with EPD Solutions for Environmental
Documentation for the Mission Trail at Lemon 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 that do not exceed $126,695, in such final form as
approved by City Attorney.
Background
The City of Lake Elsinore is the lead agency to evaluate the environmental impacts of
development projects proposed within the City. The Community Development Department is
responsible for preparing 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. Through the application fee process, the project applicant (Coastal
Commercial Properties) pays for the cost of preparing the environmental analysis.
Discussion
The applicant has submitted an entitlement application for a new residential development located
on the west side of Mission Trail between Victorian Lane and Corydon Road (APNs: 375-050-
019, 375-050-020, 375-050-032). The project proposes the development of a new 191-unit
condominium community with seven plan types (ranging in size from 1,323 sq. ft. to 2,146 sq. ft.)
on an approximately 17-acre site.
The project must 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 administrative staff time and consultant costs are
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.
EPD Solutions Agreement – Mission Trail at Lemon
CC: September 27, 2022
Page 2 of 2
Exhibits
A – Agreement
B – Proposal
@BCL@98159593 Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC.
ENVIRONMENTAL DOCUMENTATION FOR THE MISSION TRAIL AT LEMON PROJECT
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of September 27, 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 Mission Trail and Lemon Project (“Project”).
B. Consultant has submitted to City a proposal, dated June 21, 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, certif ication 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 one
hundred twenty-six thousand six hundred and ninety-five dollars ($126,695) 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, specifications, 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 contribution
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 obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violatio n 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 indemnification 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
Assistant City Manager
“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.
June 21, 2022
Damaris Abraham
City of Lake Elsinore
dabraham@lake-elsinore.org
RE: Proposal for Environmental Analysis and CEQA Compliance Management on the proposed 191-
Unit Residential Community on Mission Trail, Lake Elsinore
Dear Ms. Abraham:
We are thrilled to have another opportunity to work with you on the CEQA compliance efforts for the
proposed 191-unit residential community on Mission Trail. Below is our proposed scope of work based on
our discussion related to a similar project in terms being consistent with a Specific Plan and therefore
potentially qualify for tiering off the associated EIR.
PROJECT UNDERSTANDING
The 18-acre project site (17.2 net acres) is west of the I-15 and shares an easterly boundary with Mission
Trial, which provides access to the site. The project site is rectangular in shape and currently undeveloped.
The site is east of the Lake Elsinore Motorsports Park and is sandwiched by vacant land on the south and
north. Commercial and industrial uses are located further south. Residential, commercial and industrial uses
are to the east.
The project site is designated in the General Plan as East Lake Specific Plan and zoned Mixed-Use Overlay.
The proposed project includes 191 2-story single-family detached homes in a gated community with a
community park with a sport court, children’s play equipment, pool, spa and bathroom building. With the
available information provided to-date, the proposed project would be consistent with the site’s General
Plan and Specific Plan designations.
PROPOSED ENVIRONMENTAL REVIEW
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 15182, which is
a CEQA streamlining provision available to projects that are analysis of general matters contained in a
broader EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative
declarations on narrower projects; incorporating by reference the general discussions from the broader EIR;
and concentrating the later EIR or negative declaration solely on the issues specific to the later project.
consistent with a community plan (such as the City’s General Plan) previously analyzed under an approved
environmental document.
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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 15182. 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 East Lake 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
f. Traffic Impact Analysis
3. Initial Study
4. Notice of Determination (NOD)
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
Traffic Impact Analysis
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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
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 biological study, 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
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. 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.
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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 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 will prepare a cultural and paleontological resources assessment for the project
site.
• Cultural Resources Background Research – the cultural specialist will request an updated cultural
resources records search of the project area from the South Central Coastal Information Center
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(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 anticpate 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
The following scope is based on buildout of up to 191 single-family detached homes. Based on a preliminary
analysis of the project trip generation using the ITE rates for Single Family Detached Housing, the project
would generate approximately 1,801 daily trips, 134 AM peak hour and 180 PM total peak hour vehicle
trips. As the number of peak hour trips is greater than 100, a LOS analysis would be required. The following
scope of work is based on the requirements of the City of Lake Elsinore, Traffic Impact Analysis Preparation
Guide (TIA Guidelines) It is understood the scope of the project may change and changes to the unit mix or
count could result in a change in the number of intersections analyzed. Our budget includes a per-intersection
fee if added analysis is required by the City.
EPD will complete the TIA according to the tasks outlined below. The scope of work will be adjusted as
required when a site plan showing product types and proposed density is provided.
2.6.1. Scoping Agreement.
EPD will complete the City’s Scoping Agreement for Traffic Impact Study and submit it for City staff review
within two weeks of receipt of site plans showing unit types and counts and proposed access points. EPD will
work with City staff to obtain approval of the scope outlined below prior to proceeding with the TIA. During
this process, EPD will request a list of planned roadway improvements and cumulative development projects
in the vicinity of the project study area. In addition, EPD will request signal timing plans for study intersections
from the City of Lake Elsinore for use in the existing conditions analysis.
2.6.2. Existing Roadway Network.
EPD will document conditions of the surrounding roadway network, including speed limits, number of travel
lanes, and non-motorized and transit facilities. Traffic control, channelization and other relevant
characteristics will be documented at study intersections as well.
2.6.3. Existing Traffic Operations.
EPD will contract with a qualified traffic data collection firm to collect existing traffic volumes at all study
area intersections. It is anticipated that up to 7 intersections would be included in the study area; an
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June 21, 2022 Page 6
additional budget will be required if the Scoping Agreement approved by the City requires additional
intersections. Traffic counts will be charged as an expense. EPD will calculate existing AM and PM peak hour
levels of service (LOS) at study intersections.
2.6.4. Project Trip Generation, Distribution and Assignment.
Daily and weekday AM and PM peak hour trip generation will be estimated based on the size of the project
and information published by the ITE in Trip Generation, 11th Edition. Project trips will be distributed to the
study intersections and surrounding roadway network using observed patterns of travel as identified in the
traffic count data as well as logical paths of travel to and from the site. The project trip generation will be
distributed to study area intersections and added to baseline and future scenarios.
2.6.5. Project Completion and Cumulative Traffic Volumes.
Project Completion AM and PM peak hour traffic volumes will be estimated at study intersections based on
a growth rate applied to existing traffic volumes plus project trips. The Cumulative scenario will be estimated
using Project Completion volumes plus approved and pending development projects. EPD will contact the
City of Lake Elsinore to identify cumulative projects that would add traffic to the project area.
2.6.6. Project Impact Analysis.
Levels of service at the study intersections and roadway segments will be calculated for the Existing, Project
Completion, and Cumulative scenarios. Project-generated impacts will be identified by using the City’s
thresholds for Level of Service stated in their TIA guidelines. The TIA will also analyze Traffic Signal Warrants
for all unsignalized intersections that operate with unsatisfactory LOS. The TIA will also include a Safety and
Operational Analysis as described in the City’s TIA Guidelines.
2.6.7. VMT Analysis.
Effective July 1, 2020, the evaluation of transportation impacts for CEQA purposes requires the assessment
of vehicle miles traveled (VMT) rather than level of service (LOS). As such, a VMT analysis will be required
for the project if the project does not screen out of VMT analysis. The City of Lake Elsinore has VMT Analysis
Guidelines that EPD will use for the VMT analysis. A preliminary analysis using the Fehr and Peers WRCOG
VMT screening tool shows the project does screen out; therefore, a screening memorandum will be prepared.
2.6.8. Mitigation Measures.
If potentially significant traffic impacts are anticipated, EPD will identify mitigation measures that would
reduce or off-set these impacts. Project fair-share for cumulative impacts will be calculated and identified
in the study.
2.6.9. Documentation of Analysis and Findings.
A draft TIA will be prepared documenting all analyses, findings, and conclusions. Upon review by the project
team and/or City, EPD will revise the TIA and provide the revised TIA for City review.
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.
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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
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 Determination
EPD will prepare a Notice of Determination (NOD) for the project using the Office of Public Resource
standard NOD form. EPD will be responsible for filing the NOD 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 1 through 4 will be billed as fixed fees; Task 5 will be billed
on a time-and-materials basis, with the balance billed following filing of the NOD.
Proposal for CEQA Analysis for Mission Trail Residential Project
June 21, 2022 Page 8
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 $76,345
2.1: Peer Review of Applicant Studies $4,025
2.2: Air Quality & GHG Emissions Analysis $14,375
2.3: Energy Analysis $2,865
2.4: Noise Impact Analysis $10,530
2.5: Cultural/Paleontological Resources Assessment $7,475
2.6: Traffic Impact Analysis (LOS & VMT Analysis) $37,075
Task 3. Initial Study $27,900
3.1: Administrative Draft $19,500
3.2: Public Review Draft $5,725
3.3: Response to Comments $2,675
Task 4. Notice of Determination $1,050
Task 5. CEQA Project Management $10,300
Management $6,100
Meetings $4,200
Estimated Fees & Expenses $6,000
TOTAL (Without Estimated Expenses) $120,695
TOTAL (With Estimated Expenses) $126,695
The reimbursable Estimated Expenses (mileage, records searches 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.
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June 21, 2022 Page 9
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:
__________________________ _____________
Signature Date
________________________________________
Printed Name and Title