HomeMy Public PortalAboutAgreement_2022-02-15 to 2023-02-15_Kimley Horn And Associates, Inc_Environmental Analysis Consultant Services_Kimley Horn and Associates, Inc.
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SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Service Provider agrees to perform the services set
forth in Exhibit "A" "Response to Request for Proposals" (hereinafter, the "Services")
and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to
the schedule specified in Exhibit "A." Should the Services not be completed pursuant to
that schedule, the Service Provider shall be deemed to be in Default of this Agreement.
The City, in its sole discretion, may choose not to enforce the Default provisions of this
Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection
with its performance of this Agreement that are in addition to or outside of the Services
unless such additional services are authorized in advance and in writing in accordance
with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this
Agreement. If and when such additional work is authorized, such additional work shall
be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Service Provider the amounts specified on page 11 of Exhibit "A" and made a part of
this Agreement by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed twenty-four thousand, nine hundred ninety-nine
dollars ($24,999), unless additional compensation is approved in writing in accordance
with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this
Agreement..
(b) Each month Service Provider shall furnish to City an original invoice for all
work performed and expenses incurred during the preceding month. The invoice shall
detail charges by the following categories: labor (by sub -category), travel, materials,
equipment, supplies, and subcontractor contracts. Subcontractor charges shall be
detailed by the following categories: labor, travel, materials, equipment and supplies. If
the compensation set forth in subsection (a) and Exhibit "B" include payment of labor on
an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor
category in each invoice shall include detailed descriptions of task performed and the
amount of time incurred for or allocated to that task. City shall independently review
each invoice submitted by the Service Provider to determine whether the work
performed and expenses incurred are in compliance with the provisions of this
Agreement. In the event that no charges or expenses are disputed, the invoice shall be
approved and paid according to the terms set forth in subsection (c). In the event any
charges or expenses are disputed by City, the original invoice shall be returned by City
to Service Provider for correction and resubmission.
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(c) Except as to any charges for work performed or expenses incurred by
Service Provider which are disputed by City, City will use its best efforts to cause
Service Provider to be paid within forty-five (45) days of receipt of Service Provider's
correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this
Agreement shall not be deemed to waive any defects in work performed by Service
Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider's work under this
Agreement, either during performance or when completed. City shall reject or finally
accept Service Provider's work within sixty (60) days after submitted to City. City shall
reject work by a timely written explanation, otherwise Service Provider's work shall be
deemed to have been accepted. City's acceptance shall be conclusive as to such work
except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider's work by City shall not constitute a waiver of
any of the provisions of this Agreement including, but not limited to, Section 16
"Indemnification" and Section 17 "Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or
discovered by Service Provider in the course of providing the Services pursuant to this
Agreement shall become the sole property of City and may be used, reused or
otherwise disposed of by City without the permission of the Service Provider. Upon
completion, expiration or termination of this Agreement, Service Provider shall turn over
to City all such original maps, models, designs, drawings, photographs, studies,
surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement
any maps, models, designs, drawings, photographs, studies, surveys, reports, data,
notes, computer files, files or other documents prepared, developed or discovered by
Service Provider in the course of providing the Services pursuant to this Agreement,
Service Provider's guarantees and warranties in Section 9 "Standard of Performance" of
this Agreement shall not extend to such use of the maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records
demonstrating or relating to Service Provider's performance of the Services. Service
Provider shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, or other documents or records evidencing or relating to work,
services, expenditures and disbursements charged to City pursuant to this Agreement.
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Any and all such documents or records shall be maintained in accordance with
generally accepted accounting principles and shall be sufficiently complete and detailed
so as to permit an accurate evaluation of the services provided by Service Provider
pursuant to this Agreement. Any and all such documents or records shall be
maintained for three (3) years from the date of execution of this Agreement and to the
extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to
this section shall be made available for inspection, audit and copying, at any time during
regular business hours, upon request by City or its designated representative. Copies
of such documents or records shall be provided directly to the City for inspection, audit
and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at Service
Provider's address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records
required to be maintained pursuant to this section may be lost or discarded due to
dissolution or termination of Service Provider's business, City may, by written request,
require that custody of such documents or records be given to the City. Access to such
documents and records shall be granted to City, as well as to its successors -in -interest
and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of City. Service Provider shall have no
authority to bind City in any manner, nor to incur any obligation, debt or liability of any
kind on behalf of or against City, whether by contract or otherwise, unless such authority
is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City.
(b) The personnel performing the Services under this Agreement on behalf of
Service Provider shall at all times be under Service Provider's exclusive direction and
control. Neither City, nor any elected or appointed boards, officers, officials, employees
or agents of City, shall have control over the conduct of Service Provider or any of
Service Provider's officers, employees, or agents except as set forth in this Agreement.
Service Provider shallnot at any time or in any manner represent that Service Provider
or any of Service Provider's officers, employees, or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Service Provider , nor any of Service Provider's officers,
employees or agents, shall obtain any rights to retirement, health care or any other
benefits which may otherwise accrue to City's employees. Service Provider expressly
waives any claim Service Provider may have to any such rights.
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SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications,
experience and facilities necessary to properly perform the Services required under this
Agreement in a thorough, competent and professional manner. Service Provider shall
at all times faithfully, competently and to the best of its ability, experience and talent,
perform all Services. In meeting its obligations under this Agreement, Service Provider
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing services similar to the Services required of Service
Provider under this Agreement. In addition to the general standards of performance set
forth this section, additional specific standards of performance and performance criteria
may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service
Provider's work under this Agreement. Where there is a conflict between a general and
a specific standard of performance or performance criteria, the specific standard or
criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Service Provider shall keep itself informed of and comply with all applicable
federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect
during the term of this Agreement. Service Provider shall obtain any and all licenses,
permits and authorizations necessary to perform the Services set forth in this
Agreement. Neither City, nor any elected or appointed boards, officers, officials,
employees or agents of City, shall be liable, at law or in equity, as a result of any failure
of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing
wage laws do not apply to this Agreement because the Agreement does not involve any
of the following services subject to prevailing wage rates pursuant to the California
Labor Code or regulations promulgated thereunder: Construction, alteration, demolition,
installation, or repair work performed on public buildings, facilities, streets or sewers
done under contract and paid for in whole or in part out of public funds. In this context,
"construction" includes work performed during the design and preconstruction phases of
construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the
basis of race, color, religious creed, national origin, ancestry, sex, age, physical
handicap, medical condition or marital status in connection with or related to the
performance of this Agreement.
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SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions
of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Service Provider so employ such unauthorized aliens for the
performance of the Services, and should the any liability or sanctions be imposed
against City for such use of unauthorized aliens, Service Provider hereby agrees to and
shall reimburse City for the cost of all such liabilities or sanctions imposed, together with
any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its
firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of City or which would in any way hinder Service Provider's
performance of the Services under this agreement. Service Provider further covenants
that in the performance of this Agreement, no person having any such interest
employed by it as an officer, employee, agent or subcontractor will be permitted to
perform services in connection with this Agreement, without the express written consent
of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or
the appearance of any conflicts of interest with the interests of City in the performance
of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the
date of execution of this Agreement, independently involved in the performance of non -
related services for other governmental agencies and private parties. Service Provider
is unaware of any stated position of City relative to such projects. Any future position of
City on such projects shall not be considered a conflict of interest for purposes of this
section.
(c) City understands and acknowledges that Service Provider will, perform
non -related services for other governmental agencies and private Parties following the
completion of the Services under this Agreement. Any such future service shall not be
considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Service Provider in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Service Provider. Service
Provider shall not release or disclose any such information or work product to persons
or entities other than City without prior written authorization from the City Manager,
except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the City Manager or unless requested by the
City Attorney of City, voluntarily provide declarations, letters of support, testimony at
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depositions, response to interrogatories or other information concerning the work
performed under this Agreement. Response to a subpoena or court order shall not be
considered "voluntary" provided Service Provider gives City notice of such court order
or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of
Service Provider, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from Service
Provider for any damages, costs and fees, including attorneys fees, caused by or
incurred as a result of Service Provider's conduct.
(d) Service Provider shall promptly notify City should Service Provider , its
officers, employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed thereunder. City retains the right, but
has no obligation, to represent Service Provider or be present at any deposition, hearing
or similar proceeding. Service Provider agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided
by Service Provider. However, this right to review any such response does not imply or
mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a
professional standard of care for Service Provider's services, to the fullest extent
permitted by law, Service Provider shall indemnify, protect, defend and hold harmless
City and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, , including reasonable attorneys fees and costs, court costs, interest,
defense costs, and expert witness fees) that to the extent arise out of, are a
consequence of, or are in any way attributable to, , any negligent or wrongful act, error
or omission of Service Provider, or by any individual or entity for which Service Provider
is legally liable, including but not limited to officers, agents, employees or sub-
contractors of Service Provider, in the performance of professional services under this
Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Service
Provider shall indemnify, protect, defend and hold harmless City, and any and all of its
employees, officials and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, are a consequence of, or are in any
way attributable to, in whole or in part, the performance of this Agreement by Service
Provider or by any individual or entity for which Service Provider is legally liable,
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including but not limited to officers, agents, employees or sub -contractors of Service
Provider.
(c) Indemnification from Subcontractors. Service Provider agrees to obtain
executed indemnity agreements with provisions identical to those set forth in this
section from each and every subcontractor or any other person or entity involved by, for,
with or on behalf of Service Provider in the performance of this Agreement naming the
Indemnified Parties as additional indemnitees. In the event Service Provider fails to
obtain such indemnity obligations from others as required herein, Service Provider
agrees to be fully responsible according to the terms of this section. Failure of City to
monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth herein is binding on the successors, assigns or heirs of
Service Provider and shall survive the termination of this Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this section
to the contrary, design professionals are required to defend and indemnify the City only
to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design
professional to claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the design
professional. The term "design professional," as defined in Section 2782.8, is limited to
licensed architects, licensed landscape architects, registered professional engineers,
professional land surveyors, and the business entities that offer such services in
accordance with the applicable provisions of the California Business and Professions
Code.
(e) City's Negligence. The provisions of this section do not apply to claims
occurring as a result of City's sole negligence. The provisions of this section shall not
release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the
term of this Agreement the insurance policies set forth in Exhibit "B" "Insurance" and
made a part of this Agreement. All insurance policies shall be subject to approval by
City as to form and content. These requirements are subject to amendment or waiver if
so approved in writing by the City Manager. Service Provider agrees to provide City
with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for
this Agreement. City has an interest in the qualifications and capability of the persons
and entities who will fulfill the duties and obligations imposed upon Service Provider
under this Agreement. In recognition of that interest, Service Provider shall not assign
or transfer this Agreement or any portion of this Agreement or the performance of any of
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Service Provider's duties or obligations under this Agreement without the prior written
consent of the City. Any attempted assignment shall be ineffective, null and void, and
shall constitute a material breach of this Agreement entitling City to any and all
remedies at law or in equity, including termination of this Agreement pursuant to Section
20 "Termination of Agreement." City acknowledges, however, that Service Provider, in
the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and
continuity of Service Provider's staff and subcontractors, if any, assigned to perform the
Services. Service Provider shall notify City of any changes in Service Provider's staff
and sub -contractors, if any, assigned to perform the Services prior to and during any
such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by
giving thirty (30) days written notice of termination to Service Provider. In the event
such notice is given, Service Provider shall cease immediately all work in progress.
(b) Service Provider may terminate this Agreement for cause at any time
upon thirty (30) days written notice of termination to City.
(c) If either Service Provider or City fail to perform any material obligation
under this Agreement, then, in addition to any other remedies, either Service Provider,
or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Service Provider or City, all
property belonging exclusively to City which is in Service Provider's possession shall be
returned to City. Service Provider shall furnish to City a final invoice for work performed
and expenses incurred by Service Provider, prepared as set forth in Section 4
"Compensation and Method of Payment" of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 "Compensation and
Method of Payment" of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement,
the City shall not have any obligation or duty to continue compensating Service Provider
for any work performed after the date of default. Instead, the City may give notice to
Service Provider of the default and the reasons for the default. The notice shall include
the timeframe in which Service Provider may cure the default. This timeframe is
presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Service Provider is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment
on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some
or all of the outstanding invoices during the period of default. If Service Provider does
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not cure the default, the City may take necessary steps to terminate this Agreement
under Section 20 "Termination of Agreement." Any failure on the part of the City to give
notice of the Service Provider's default shall not be deemed to result in a waiver of the
City's legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if
any, caused by delay in performance or failure to perform due to causes beyond the
control of Service Provider. Such causes include, but are not limited to, acts of God,
acts of the public enemy, acts of federal, state or local governments, acts of City, court
orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The
term and price of this Agreement shall be equitably adjusted for any delays due to such
causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and
available to City as public records, and which are necessary for carrying out the
Services shall be furnished to Service Provider in every reasonable way to facilitate,
without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage
prepaid and return receipt requested, addressed as follows:
To City:
City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
To Service Provider: Kimley-Horn and Associates, Inc.
Attn: Gregory Kyle, AICP, Sr. Vice President
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the
United States Postal Service.
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SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Service Provider
represents and warrants that he/she/they has/have the authority to so execute this
Agreement and to bind Service Provider to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his
or her designated representative. The City Manager shall have the authority to issue
interpretations and to make, amendments to this Agreement, including amendments that
commit additional funds, consistent with Section 28 "Amendment" and the City
Manager's contracting authority under the Temple City Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in
writing and approved by the Service Provider and by the City. The City Manager shall
have the authority to approve any amendment to this Agreement if the total
compensation under this Agreement, as amended, would not exceed the City
Manager's contracting authority under the Temple City Municipal Code. All other
amendments shall be approved by the City Council. The Parties agree that the
requirement for written modifications cannot be waived and that any attempted waiver
shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision nor a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any work or services
by Service Provider shall not constitute a waiver of any of the provisions of this
Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the
laws of the State of California. In the event of litigation between the Parties, venue in
state trial courts shall lie exclusively in the County of Los Angeles, California. In the
event of litigation in a U.S. District Court, venue shall lie exclusively in the Central
District of California, in Los Angeles.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
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In the event litigation or other proceeding is required to enforce or interpret any
provision of this Agreement, the prevailing Party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in
addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire,
complete, final and exclusive expression of the Parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether
oral or written, or entered into between Service Provider and City prior to the execution
of this Agreement. No statements, representations or other agreements, whether oral
or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33, SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by
any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the
terms of any Exhibit hereto, or with the terms of any document incorporated by
reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date and year first -above written.
CITY OF TEMPLE CITY
Bryan Cook, City Manager
ATTEST: APPROVED AS TO FORM:
Peggy uo, City Clerk Greg u phy, City Attorney
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CONTRACTOR:
By
(Authorized Offi
Name: /U�?^ t. Rt irn 7 39417
Title: ME- PM/ 6-
(2"d signature required if Corporation, Incorporation or Limited Liability
Corporation)
By
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Name: C,rebar $, K� (e
Title: Sery or V. c Pr si A#
NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER'S BUSINESS ENTITY.
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A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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personally appeared
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Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person whose name(,#') is/qfe subscribed to the within
instrument and acknowledged to me that he/sf /tVey executed
the same in his/hrir/tieir authorized capacity(ie , and that by
his/hqf/tI1eir signature(s'f on the instrument the persona'), or the
entity upon behalf of which the person'] acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
OPTIONAL
Signature of Notary Public
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name: .} D . 31 Vrva-
Individual
Corporate Officer
\lice We5►d04-
Title(s)
Partner(s)
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Limited
General
Signer is representing:
Name Of Person(s) Or Entity(ies)
1itw\el" Vow 4,4- Ac a ci a-1,es, )oc.
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
REV M838-6958-3880 v3
DRAFT 1/27/15
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On \-60 of %ateN
personally appeared
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Los Angeles County
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J&. `�` '.(te l i; 4M PuJ4C Namend R le t O icer (�» e.g. "Jane Dabe, Notary Public")
5. K-iy)e,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(' whose name( is/are subscribed to the within
instrument and acknowledged to me that he/sIie/they executed
the same in his/hc/their authorized capacity(0s`), and that by
his/hit/their signature(yf on the instrument the person(, or the
entity upon behalf of which the person('acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
)
OPTIONAL
Signature of Notary Public
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
Greg S •
Individual
Corporate Officer
SC. V;et PfeAt0- -
Title(s)
Partner(s)
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Limited
General
Signer is representing:
Name Of Person(s) Or Entity(ies) A oci4-es1
&j- � lt�x-
Title or Type of Document
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
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EXHIBIT "A"
Response to Request for Proposal
RIV 44838-6958-3880 v3
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A-1
RIV #4838-6958-3880 v3
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EXHIBIT "B"
INSURANCE
A. Insurance Requirements. Service Provider shall provide and maintain
insurance, acceptable to the City, in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by Service Provider, its
agents, representatives or employees. Insurance is to be placed with insurers with a
current A.M. Best's rating is an assigned policyholders' Rating of A (or higher) and
Financial Size Category Class VII (or larger).
Only the following "marked" requirements are applicable and Service Provider shall
provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad
as:
X Commercial General Liability. Insurance Services Office form Commercial
General Liability coverage (Occurrence Form CG 0001).
X Automobile Liability. Service provider shall maintain automobile insurance at
least as board as insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Service Provider arising out of or in
connection with work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles.
X Workers' Compensation. Workers' Compensation Insurance (Statutory Limits)
and Employer's Liability Insurance as required by the Labor Code of State of
California covering all persons providing Services on behalf of the Service
Provider and all risks to such persons under this Agreement.
X Professional (Errors and Omissions) Liability. Professional liability insurance
appropriate to the Service Provider's profession. This coverage may be written
on a "claims made" basis. The insurance must be maintained for at least three
(3) consecutive years following the completion of Service Provider's services or
the termination of this Agreement. During this additional three (3) year period,
Service Provider shall annually and upon request of the City submit written
evidence of this continuous coverage.
Service Provider shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement. Any policy
inception date, continuity date, or retroactive date must be before the effective
date of this agreement and Service Provider agrees to maintain continuous
RIV 114838-6958-3880 v3
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C-1
coverage through a period of no less than three years after completion of the
services required by this agreement.
1. Minimum Limits of Insurance. Service Provider shall maintain limits
of insurance no less than:
(1) Commercial General Liability. $1,000,000 per occurrence,
$2,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability. No less than $1,000,000 combined
single limit for each accident.
(3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $1,000,000 per
occurrence and Employer's Liability Insurance with limits of at least $1,000,000.
(4) Professional Liability. $1,000,000 per claim and in the
aggregate.
B. Other Provisions. Insurance policies required by this Agreement shall
contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement
shall be endorsed and state the coverage shall not be suspended, voided, cancelled by
the insurer or either Party to this Agreement, reduced in coverage or in limits except
after 30 days' prior written notice by certified mail, return receipt requested, has been
given to City.
2. Commercial General Liability and Automobile Liability Coverages.
(1) City, and its respective elected and appointed officers,
officials, and employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities Service Provider performs; products and
completed operations of Service Provider; premises owned, occupied or used by
Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to
City, and their respective elected and appointed officers, officials, or employees.
(2) Service Provider's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
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(3) Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains
to a given issue and is not intended by any party or insured to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher
limits than the minimums shown above, the Agency requires and shall be entitled to
coverage for the higher limits maintained by the Vendor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the Agency.
(4) Coverage provided by the CONTRACTOR shall be primary
and any insurance or self-insurance or maintained by Agency shall not be required to
contribute to it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of Agency before the
Agency's own insurance or self-insurance shall be called upon to protect is as a named
insured.
(5) Any failure to comply with the reporting or other provisions of
the insurance policies, including breaches of warranties, shall not affect coverage
provided to City, and its respective elected and appointed officers, officials, employees
or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager
otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
against City, and its respective elected and appointed officers, officials, employees and
agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to satisfy
City that the insurance provisions of this contract have been complied with. The City
may require that Service Provider furnish City with copies of original endorsements
effecting coverage required by this Exhibit "C". The certificates and endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. City
reserves the right to inspect complete, certified copies of all required insurance policies,
at any time.
1. Service Provider shall furnish certificates and endorsements from
each subcontractor identical to those Service Provider provides.
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2. Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self -insured retentions as respects City or its respective elected or
appointed officers, officials, employees and volunteers or the Service Provider shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall
not be construed to limit Service Provider's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
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PREPARED BY:
PROPOSAL FOR
Environmental Analysis
Consultant Services
Kimley-Horn | 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 | 213.261.4040
December 28, 2021
Mr. Andrew Coyne
Management Analyst
Temple City Community Development Department
Via email: acoyne@templecity.us
Subject: RFP-Environmental Analysis Consultant
Dear Mr. Coyne and Members of the Selection Committee:
Kimley-Horn and Associates, Inc. (Kimley-Horn) thanks the City of Temple City for the opportunity to propose on
the 9465 Las Tunas Drive Project (Project). Infill mixed-use multi-family residential development projects continue
to be popular solutions to address housing needs in the City of Temple City and in the region. Kimley-Horn looks
forward to providing a team of skilled, experienced, and responsive professionals that meets the expectations of
the City. We are familiar with providing technical reports and categorical exemptions for many such projects in
neighboring communities such as Pasadena, San Gabriel, and Arcadia. We believe Kimley‐Horn is best qualified to
provide the City with an integrated team of environmental specialists, planners, and engineers with the
experience and technical expertise to facilitate an environmentally sound and successful Project.
Our proposal is based on our review of existing information regarding the proposed Project, knowledge of the
Project area, preparation of similar categorical exemptions, and work with surrounding cities. As set forth in the
Request for Proposal (RFP), we have assumed that a California Environmental Quality Act (CEQA) Categorical
Exemption under Section 15332 – Infill Development Projects is appropriate.
Our team provides the City with the following key strengths:
Seasoned Project Leader. Ms. Kim Avila, AICP, ENV SP will lead the Kimley-Horn team as Project Director. With
more than 30 years of experience in environmental analysis and land use planning, Kim provides the skill set
needed to provide leadership and management for this project. Kim grew up in Temple City and not too long ago
had the enviable opportunity to provide the City with environmental support (CEQA and NEPA) for the Rosemead
Boulevard Beautification Project. Kim will be responsible for supervision of the Kimley-Horn team and will review
the environmental documents for compliance with CEQA requirements and guidelines. Kim will maintain
communications with the City to confirm compliance with the Scope of Work, budget, and schedule, and to
disseminate Project information in a timely manner. She is committed to this role throughout the project duration
and is available to provide needed support to the City.
Commitment of Staff to the City of Temple City. When you choose a consultant, you are really choosing the people
who offer you the technical expertise, hands -on experience with similar projects, and commitment to a high
standard of quality and client service that will make your project as successful as you have envisioned. The Kimley-
Horn team is passionate about our work and this is reflected in our work products. Kim will be supported by a
staff of environmental planning professionals , including Jessie Fan and Ace Malisos, who are available to begin
work immediately upon on receipt of the City’s authorization to proceed. The staff for the project understand the
expectations of the City to provide quality work products. It is Kimley-Horn’s goal to serve as an extension of City
staff throughout the duration of the Project.
Kimley-Horn | 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 | 213.261.4040
Executive Summary. Kimley-Horn proposes to prepare all technical analysis and environmental documents in -
house. Kim Avila , Project Director, and Jessie Fan, Project Manager, will by day-to-day contacts for the City for the
duration of the contract.
The work can be initiated immediately and will be complete within 4.5 months given the assumptions outlined in
our scope of work.
The cost to complete the major milestones is as follows:
Task 1 Project Initiation and Kick-Off Meeting $ 1,875.00
Task 2 Technical Analyses $ 15,050.00
Task 3 Categorical Exemption Documentation $ 2,550.00
Task 4 Project Management and Meetings $ 3,525.00
Subtotal Professional Fees $23,000.00
ESTIMATED DIRECT EXPENSES
Office Expenses, Deliveries, Fees $ 300.00
TOTAL FEE ESTIMATE $23,300.00
Conflict of Interest. Kimley-Horn is unaware of any conflict of interest in performing this work for the City of
Temple City.
We look forward to working with the City on this opportunity and future projects. Please feel free to contact Kim
Avila if you have any questions or require additional information regarding our scope or fees.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Kim Avila, AICP ENV SP Gregory Kyle, AICP*, Sr. Vice President
kim.avila@kimley-horn.com greg.kyle@kimley-horn.com
213.394.2689 213.261.4109
* Gregory Kyle, AICP has the authority to bind Kimley-Horn and legally execute agreements and amendments on
behalf of the firm.
P a g e | 3
B. Relevant Experience
Qualifications of Key Staff
Seasoned Project Leader. Ms. Kim Avila, AICP, ENV SP will lead the Kimley-Horn team as Project Director. With
more than 30 years of experience in environmental analysis and land use planning, Kim provides the skill set
needed to provide leadership and management for this project. Kim grew up in Temple City and not too long ago
had the enviable opportunity to provide the City of Temple City with environmental support (CEQA and NEPA) for
the Rosemead Boulevard Beautification Project. Kim will be responsible for supervision of the Kimley-Horn team
and will review the environmental documents for compliance with CEQA requirements and guidelines and City
CEQA procedures. Kim will maintain communications with the City to confirm compliance with the Scope of Work,
budget, and schedule, and to disseminate project information in a timely manner . She is committed to this role
throughout the project duration and is available to provide needed support to the City. Availability: 80%
Highly Effective Project Manager. Ms. Jessie Fan, ENV SP is an environmental planner with more than five years
of experience as a CEQA practitioner, and she has extensive knowledge preparing and managing a variety of
environmental compliance documents. She has managed and supported a wide range of environmental
documentation throughout the Southern California region, including addenda, Categorical Exemptions, IS/MNDs,
Sustainable Communities Project Exemptions (SCPEs), and Environmental Impact Reports (EIRs). Jessie has
managed and worked on various Categorical Exemptions and IS/MNDs in the cities of Pasadena , Los Angeles, and
San Gabriel. Jessie will be the City’s primary point of contact and will be responsible for the day -to-day activities
of the Projects through completion. She will provide technical oversight and quality assurance (QA)/quality control
(QC) review and refinement of the documents. Availability: 50%
Related Projects
223 East Live Oak Street Development Project Categorical Exemption, City of San Gabriel. Kimley-Horn is preparing
the Class 32 Categorical Exemption for the construction of a 12-unit multi-family townhouse development in the
City of San Gabriel. The project would include a mix of two- and three-bedroom residences with attached two-car
garages. Three shared driveways and two individual driveways would provide access to the project.
Contact Information:
City of San Gabriel, Planning Division
Samantha Tewasart, Planning Manager
425 S. Mission Drive
San Gabriel, CA 91776
(626) 308-2806 ext. 4623
stewasart@sgch.org
Pacific Square San Gabriel Mixed-Use Project EIR, City of San Gabriel (completed with prior firm). Jessie Fan
managed and prepared the EIR for the development of a mixed -use development including 243 residential units
and 111,350 square feet of retail space, restaurants, a café, and a grocery store. The project is located on one of
the largest undeveloped parcels in the City, on the original location of the San Gabriel Nursery & Florist, which
continues to operate just north of the project site. Key issues and studies include d aesthetics and massing,
shade/shadow, air quality, cultural resources, environmental hazards, noise, and traffic.
P a g e | 4
Contact Information:
City of San Gabriel, Planning Division
Samantha Tewasart, Planning Manager
425 S. Mission Drive
San Gabriel, CA 91776
(626) 308-2806 ext. 4623
stewasart@sgch.org
2311 N. Hollywood Way Sustainable Communities Environmental Assessment M ND, City of Burbank (completed
with prior firm). Jessie Fan served as the Deputy Project Manager and prepared the SCEA MND for the
development of a mixed-use development consisting of 151,800 square feet of office space, 9,700 square feet of
restaurant uses, and 862 residential units within four proposed buildings. The residential units would include 12
live/work units and 80 Very Low Income units.
Contact Information:
City of Burbank, Community Development Department, Planning Division
Maciel Medina, Associate Planner
150 N. Third Street
Burbank, CA 91502
(818) 238-5250
MMedina@burbankca.gov
C. Approach and Schedule
The City of Temple City is considering approval of an application for a mixed-use project at 9465 Las Tunas Drive
between Cloverly Avenue and Oak Avenue. The Applicant is proposing a 4-story building with 46 residential
condominiums on the upper floors and 5,800 S.F. of ground floor retail/office space. The Project Site is currently
developed with a 22,690 square-foot 2-story commercial mini-mall. The Project Site abuts a parcel occupied with
a commercial mini-mall to the west on Oak Avenue; a multi-family apartment building to the north; and a coffee
shop/bakery occupying the northwest corner of the same block to the south and west. Across Las Tunas Drive is
a large supermarket, with additional commercial retail along Las Tunas Drive.
The existing on-site uses would be demolished to allow for the construction of 46 residential condominiums above
ground floor retail. It is assumed for now that vehicular access to the Project Site would be provided from a right-
in/right-out driveway on Las Tunas Drive and a full access driveway on Cloverly Avenue.
The Project Site has a General Plan designation of Mixed Use: “the Mixed-Use Medium (MU-M) District is intended
to be developed with mix of retail, office, restaurant uses and residential development in a compact, walkable
setting.” This designation encourages multiple family residential of up to 40 dwelling units per acre. Anticipated
commercial and professional land use, as well as residential uses, would be configured in a vertical or horizontal
design. The expectation is that the residential units would be above or behind the commercial and office land
uses and would not gain direct access from Las Tunas Drive.
Scope of Work
This proposed Scope of Work has been prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA). Based on the information, including the project description, provided in the
P a g e | 5
Request for Proposal (RFP), a CEQA Categorical Exemption under Section 15332 – Class 32 Infill Development
Projects is proposed for the 9465 Las Tunas Drive Project.
A Class 32 Categorical Exemption is permitted under the following conditions:
• The project is consistent with the applicable general plan designation and all applicable gen eral plan
policies as well as with applicable zoning designation and regulations. The Project Site is zoned as Mixed
Use allowing for a mix of commercial and residential.
• The proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses. The Project Site is within the jurisdictional boundaries of the City
of Temple City. The lot is 1.158 acres with a current floor area ratio (FAR) of 0.45.
• The project site has no value as habitat for endangered, rare or threatened species. The Project Site is
completely developed with only ornamental landscaping within the parking lot and is bordered by existing
commercial or residential development and roadways, with no regional resources or habitats nearby that
could contain sensitive species.
• Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or
water quality. Discussions on these technical areas are provided below under Task 2.
• The site can be adequately served by required utilities and public services . Kimley-Horn will coordinate
with the City and the respective utility purveyors to confirm that the Project Site would be properly served
by the appropriate agencies. Kimley-Horn will also coordinate with public services (e.g., fire and police)
to confirm that the appropriate departments can serve the Project Site.
Even if a project may be exempt under any of the potential categorical exemptions, CEQA Guidelines Section
15300.2 provides specific instances where exceptions to otherwise applicable exemptions apply. Exceptions to
exemptions include the presence of significant historical resources and hazardous waste sites.
With regard to historical resources, the existing building to be demolished was built in 1987 and is not 50 years
old, which is when buildings are evaluated for potential historic significance. Secondly, the City of Temple City
Historic Resources Survey published May 2012 did not identify potential historical resources on, abutting, or facing
the Project Site; therefore, it is unlikely that any historic resources would be affected by the Project.
Regarding hazardous waste sites, the State Water Board’s GeoTracker databas e and the Department of Toxic
Substances Control EnviroStor database do not show any hazardous waste sites on the Project Site. Therefore,
the Project Site would not be located on a site affected by hazardous wastes or clean-up problems.
If the Project would have impacts that would require mitigation, a Categorical Exemption would not be applicable.
The City would be immediately contacted to determine the appropriate next steps , which could include
modifications to the Project to preclude significant impacts or preparation of a CEQA document such as an Initial
Study/Mitigated Negative Declaration.
Task 1 ─ Project Initiation and Kick -Off Meeting
Kick-off Meeting
Two Kimley-Horn staff will participate in the kick-off meeting with City staff to confirm the approach to the project; the
scope of work; and communication protocol and the administrative record. The meeting discussion would include any
known project issues, and agency and community issues that need to be considered through the process, as well as
potential streamlining provisions that may be appropriate. Subsequent to the meeting, we will provide the City
with a draft project description.
P a g e | 6
Data Review and Site Reconnaissance
Kimley-Horn will conduct a site reconnaissance and will review available Project materials, as well as policy
documentation for the City and any other applicable agencies. Kimley -Horn will assess whether available
information is adequate and complete. The City will be notified if additional information is needed .
Deliverables. Deliverables will be transmitted electronically unless otherwise noted.
▪ Participation in Kick-Off Meeting
▪ Identification of project data needs
▪ Draft Project Description
Task 2 ─ Technical Analyses
Kimley-Horn assumes that no standalone technical studies will be prepared for the Categorical Exemption, and
that results will be summarized within the Categorical Exemption. Model runs related to air quality and noise will
be provided as appendices to the Categorical Exemption. Based on correspondence with you, the Applicant will
provide a Low Impact Development (LID) report, sewer area study, drainage concept plan, and geotechnical
report. Kimley-Horn assumes one round of review for those reports to ensure that the analyses pro vided will be
accurate and adequate to complete the Categorical Exemption.
Air Quality Technical Analysis
The air quality assessment will determine if the project has the potential to exceed emissions thresholds. The
following outlines our approach:
• Construction Emissions. Kimley-Horn will calculate construction emissions using the latest version of the
California Emissions Estimator Model (CalEEMod). Emissions will be calculated based on the scope of the
project, assumptions regarding construction equipment and scheduling, and associated vehicle trips. The
air pollutant emissions during construction will be compared to the SCAQMD regional thresholds of
significance.
• Operational Emissions. Kimley-Horn will quantify operational emissions related to area and energy
sources, and local/regional vehicle miles traveled. Project emissions will be compared to the SCAQMD
thresholds of significance.
• Localized Impacts. Localized impacts will be analyzed based upon the SCAQMD’s Localized Significance
Thresholds (LST) methodology. A Health Risk Assessment (HRA) is excluded from this scope.
Kimley-Horn assumes that the Applicant or City will provide site plans, proposed grading plans, detailed
construction phasing and grading/excavation/paving quantities, and information related to potential Project
Design Features. It should be noted that a health risk assessment is excluded from this scope of work.
As greenhouse gas (GHG) emissions are not required as part of CEQA Guidelines Section 15332, Kimley -Horn does
not propose a GHG Emissions analysis. If the City requests an additional GHG Emissions analysis, Kimley -Horn will
provide an additional scope and fee.
Noise and Vibration Technical Analyses
Kimley-Horn will prepare a noise and vibration analysis to support a Class 32 Categorical Exemption for the
proposed project. The noise assessment will quantify both construction and operational noise and vibration levels.
P a g e | 7
The following outlines our approach:
• Existing Conditions and Regulatory Setting. Noise standards regulating noise impacts will be discussed for
land uses on and adjacent to the project site. The existing noise environment will be described using
readily available data and empirical observations for the project area.
• Construction Noise. Noise impacts from construction sources will be analyzed based on the anticipated
equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel
engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be
evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the
frequency of occurrence at adjacent sensitive locations. The noise anal ysis will examine whether
construction noise would generate a substantial temporary increase in ambient noise levels in the vicinity
of the project in excess of applicable standards. No on-site noise measurements are included in this scope
of work.
• Vibration. An analysis of construction and operational vibration impacts will be based on the FTA’s
vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, specific
construction and operational activities, and Noise Ordina nce specifications. The analysis will examine
whether the project would generate excessive groundborne vibration.
• Operational Noise. On-site noise generating activities will be addressed and analyzed for potential impacts
to the adjacent uses and will be a ssessed against the City’s Noise Ordinance and General Plan Noise
Standards. Stationary noise sources will be quantitatively assessed. Off -site noise impacts from project-
generated vehicular traffic will be assessed using the traffic data provided by the T raffic Engineer.
• On-Site Traffic Noise. The project proposes residential uses within the City’s 65-70 dBA noise contour.
Agencies are not required to analyze the CEQA impact of existing environmental conditions on a project’s
future users or residents unless the proposed project risks exacerbate those environmental hazards or
conditions that already exist. However, General Plan Policy H 5.3 requires an acoustical study for all new
sensitive receptors within the 65 dBA noise contour to confirm indoor levels will not exceed City
standards. Kimley-Horn will qualitatively analyze on-site noise impacts based on General Plan noise
contour data and standard outdoor-indoor noise attenuation rates for standard construction to address
Policy H 5.3. This scope excludes quantitative noise modeling for on-site traffic noise impacts.
Transportation
An initial assessment of the Project’s trip generation has been conducted to assess whether a traffic impact study
would be required. It is assumed that the Project would likely result in less than 50 vehicle trips (without
consideration of by-pass trips) during the AM or PM peak hours; therefore, the Project would not require a traffic
study. This scope of work assumes that the analysis of traffic impacts would be limited to screening traffic impacts
from review. If the City Traffic Engineer deems a traffic study necessary, Kimley -Horn can develop a scope and
cost at that time.
Water Quality
Kimley-Horn assumes that the water quality discussion will provide an ev aluation of the hydrology and water
quality criteria in the CEQA Guidelines Appendix G (Environmental Checklist Form). Kimley-Horn will rely on the
Applicant-provided LID report, sewer area study, and drainage concept plan for additional information. If technical
information regarding water quality is needed, beyond reliance on regulatory requirements, the City’s Public
Works Department will provide the necessary input.
P a g e | 8
Task 3 ─ Categorical Exemption Documentation
Kimley-Horn will prepare a memorandum supporting the appropriateness of a Class 32 Categorical Exemption.
The memorandum will provide a brief project description, summary of the findings of the technical analyses, and
citations to the CEQA Guidelines. Kimley-Horn can assist the City with preparing the Notice of Exemption (NOE)
for the Project. Kimley-Horn assumes that the Applicant will obtain the wet signatures from the City and post the
NOE (with wet signature) with the County Clerk, as well as paying the required $75 pos ting fee.
Deliverables. Deliverables will be transmitted electronically unless otherwise noted.
▪ Draft of Categorical Exemption (one round of review is assumed)
▪ Revised analyses (one round of review is assumed)
▪ Final Categorical Exemption (one hard copy)
Task 4 ─ Project Management and Meetings
Jessie Fan will serve as the Project Manager responsible for supervision of the Kimley-Horn team and will review
the documentation compliance with CEQA requirements and guidelines and City CEQA procedures. Project
management responsibilities include task scheduling and assignment, contract administration and accounting,
and coordination and communications with the City. Jessie will maintain bi-weekly communications with the City
to confirm compliance with the Scope of Work, budget, and schedule, and to disseminate project information in
a timely manner. Associated with the preparation of the Categorical Exemption, our Scope of Work assumes two
virtual Project meetings, including the kickoff meeting, with City st aff. Kimley-Horn also assumes participation in
two virtual public hearings. Participation in and attendance at additional meetings and/or the need for additional
management efforts exceeding the budget allocation will require an amendment or will be billed on a time-and
materials basis.
Schedule
TASK WEEK
Notice to Proceed/Kick-off Meeting 1
Prepare Project Description 2
City Review / Concurrence 3
Prepare Technical Analyses 3 – 5
City Review / Concurrence 6 – 7
Categorical Exemption Documentation
Screencheck Submittal to City 8
City Review of Screencheck 9
Proofcheck Submittal 10
City Review of Proofcheck 11
Printcheck Final Submittal 12
The preliminary schedule is based on our best estimate of the timeframes for availability and completeness of the
Applicant’s technical analyses as well as City review of all documents. The schedule can be adjusted (including
acceleration of timeframes) in coordination with the City.
P a g e | 9
Costs
Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the City. Individual
task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate estimated
amounts among tasks as necessary. Direct reimbursable expenses such as express delivery services, fees, and
other direct expenses will be billed at 1.10 times cost. A percentage of labor fee is included in Direct Expenses to
cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, and local
mileage.
P a g e | 10
Acceptance of Conditions
Kimley-Horn has reviewed the sample Agreement for Services and requests the following modifications.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any
interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in
any way hinder Service Provider’s performance of the Services under this Agreement. Service Provider further
covenants that in the performance of this Agreement, no person having any such interest shall be employed by
it as an officer, employee, agent or subcontractor will be permitted to perform services in connection with this
Agreement without the express written consent of the City Manager. Service Provider agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest wit h the interests of City in the
performance of this Agreement.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for
Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify,
protect, defend and hold harmless City and any and all of its officials, employees and agents
(“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs
of any kind, whether actual, alleged or threatened, including reasonable attorneys fees and costs, court
costs, interest, defense costs, and expert witness fees) that to the extent arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act,
error or omission of Service Provider, or by any individual or entity for which Service Provider is legally
liable, including but not limited to officers, agents, employees or sub -contractors of Service Provider, in
the performance of professional services under this Agreement.
EXHIBIT "C" INSURANCE
A. Insurance Requirements
1. Minimum Scope of Insurance
____ Professional (Errors and Omissions) Liability. Professional liability insurance appropriat e to the
Service Provider’s profession. This coverage may be written on a “claims made” basis , and must include
coverage for contractual liability. […].
CONTACT
KIM AVILA, AICP, ENV SP
Kim.Avila@kimley-horn.com
213.394.2689
JESSIE FAN, ENV SP
Jessie.Fan@kimley-horn.com
213.344.2522
KIMLEY-HORN
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
www.kimley-horn.com