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AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 13th day of July 2026, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Rincon Consultants, Inc. a corporation (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires experienced and specialized CEQA-Related services in connection with the Hillside Meadows Residential Project; WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services"). Any changes to the Services, schedule, or compensation shall not be effective unless agreed upon in writing by both Parties.
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed consistent with the professional skill and care ordinarily provided by professionals practicing in the same or similar locality under the same or similar circumstances. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
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1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT, provided, however, that modification or reuse by CITY for purposes outside of the scope of this Agreement is at the CITY’s sole risk.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit A, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $206,888 ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as - 3 -
discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by June 30, 2029.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Samantha Updegrave, its Community Development Director, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.
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4.2. CONSULTANT Contact. CONSULTANT designates Abe Leider as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the CONSULTANT’s negligent performance of the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense. The obligations contained in this Section
5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury - 5 -
liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
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(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY:
Samantha Updegrave
Community Development Director
170 Santa Maria Avenue
Pacifica, CA 94404
Phone: (650) 446-4698
Email: [email protected]
If to CONSULTANT:
Abe Leider
Principal
66 Franklin Street
Oakland, California 94607
Phone: (510) 834-4455
Email: [email protected]
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ARTICLE 7 - MISCELLANEOUS
7.1. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement is intended to replace any prior agreements between the Parties relating to the proposed Hillside Meadows Residential Project, which are terminated. This Agreement may only be modified by an amendment in writing signed by each party.
7.2. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.3. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.4. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.5. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.6. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.7. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.8. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.9. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or - 8 -
parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.10. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.11. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By: Date
Sean Charpentier, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
Rincon Consultants, Inc.
Date: 8/14/2026
By: Abe Leider
EXHIBIT A
SCOPE OF WORK
Rincon Consultants, Inc.
66 Franklin Street, Suite 300
Oakland, California 94607
510-834-4455
1 August 3, 2026
Project No: 26-18655
Samantha Updegrave, Community Development Director
City of Pacifica
Community Development Department
170 Santa Maria Avenue
Pacifica, California 94044
Via email: [email protected]
Subject: Revised Proposal to Prepare an EIR for the Proposed Hillside Meadows Residential Project Dear Ms. Updegrave:
Rincon Consultants, Inc. is pleased to submit this revised proposal to assist the City of Pacifica with completion of the environmental review process consistent with the California Environmental Quality Act (CEQA) for the Hillside Meadows project. Based on direction from City staff, our scope of work includes preparation of an environmental impact report (EIR) for the project.
Leading the team as Principal-in-Charge will be Abe Leider, AICP CEP. He has over 25 years of experience directing urban planning projects, including planning and policy document preparation and CEQA analyses, and has been principal in charge of the project since Rincon first began work on it in 2022. Nikki Gemmell will serve as Project Manager, bringing experience managing controversial, multi-faceted, and technically complex planning projects with high public interest and sensitive environmental issues. She emphasizes strategic coordination, defensible analysis, and clear communication to help teams navigate challenging decision-making. Hexagon Transportation Consultants, Inc. will continue to assist with evaluation of potential vehicle miles traveled (VMT) impacts of the proposed project. Environmental Vision will continue to provide support with visual simulations.
Understanding of the Project
The proposed project would involve the construction of a new residential development on property located on the south side of and at the end of Higgins Way, southwest of the intersection of Higgins Way and Adobe Drive in Pacifica. The project site measures approximately 6.7 acres and consists of a single parcel (Assessor’s Parcel Number 023-361-160). The project site is currently vacant and would require annexation into the North Coast County Water District for utility service.
The project would include improvements to Peralta Road, described as proposed Parcel A in the project plans, and subdivision into 20 additional lots accommodating 20 two- to three-story residential units in twin townhomes including two duplexes and two parcels for access/guest parking and open space, respectively. Accessory dwelling units may also be proposed for a portion of the lots. The project has undergone several design changes since our work in 2023 and 2024.
General Approach
As noted above, our scope of work and budget assumes an EIR process. Work done under Rincon’s previous authorization for environmental review services for the project will be used to the extent practical.
City of Pacifica
Proposal to Prepare an EIR for the Proposed Hillside Meadows Residential Project 2 Work Program
Task 1 Project Management
Rincon Consultants will serve as Project Manager for the environmental review process. Rincon’s project manager will conduct conference call meetings as necessary to discuss the status of project tasks, budget, schedule, and other topics that may arise during the environmental review process. This scope assumes up to twelve 30-minute meetings. As part of this task, Rincon will prepare monthly progress reports as part of invoice transmittals. Rincon’s project manager will be responsible for monitoring the performance of the Rincon team and subconsultant to ensure document quality and that internal deadlines and task budgets are achieved.
Task 2 Project Mobilization and Kickoff Meeting
This task includes mobilizing the Rincon project team and compiling available updated project and site information. As part of this task, Rincon’s Project Manager and Principal-In-Charge will attend a kickoff meeting with City staff and, if determined appropriate by the City, the project applicant. This meeting will serve as a forum to review and confirm study objectives and establish an operational protocol, as well as to discuss the expectations of stakeholders in the process. Working schedules will be finalized and details for scheduled tasks will be discussed. Rincon will use this opportunity to collect relevant new or updated studies and information not already transmitted. The meeting will also allow the project team an opportunity to discuss the approach to environmental evaluation, possible project alternatives (required pursuant to State CEQA Guidelines Section 15126.6), and community and agency concerns regarding the project.
Task 3 Notice of Preparation
Rincon will update the draft Notice of Preparation (NOP) prepared in 2024 for City staff to review. Rincon assumes one round of City review of the NOP before finalizing it for circulation. Rincon will be responsible for filing the NOP with the State Clearinghouse on behalf of the City pursuant to State CEQA Guidelines Section 15082. We assume the City will be responsible for filing the NOP with the San Mateo County Clerk and other noticing such as radius labels or a newspaper ad, although Rincon is available to assist with such additional noticing as needed. If this assistance is requested, Rincon will prepare a cost estimate for authorization by the City.
Task 4 Updates to Technical Studies and CEQA Approach Confirmation Most environmental topics will be updated from previous analyses directly in their respective EIR sections.
The following tasks cover specific technical updates needed at the beginning of the process.
Task 4.1 Updated Biological Resources Assessment
Rincon will update the existing Biological Resources Assessment (BRA) prepared for the project in December 2024 to reflect new biological data and changes in regulatory context. For example, since completion of the BRA, additional occurrence data for Crotch’s bumblebee has been added to the California Natural Diversity Database (CNDDB). To ensure the environmental analysis reflects the most current information and to reduce the potential for comments from the California Department of Fish and Wildlife, Rincon will review updated CNDDB records to determine whether occurrences of Crotch’s bumblebee are present within the project vicinity and, if applicable, incorporate this information into the impact analysis and mitigation measures. The update will also include revisions to species listing status for special-status species whose regulatory status has changed since preparation of the BRA, such as western pond turtle.
City of Pacifica
Proposal to Prepare an EIR for the Proposed Hillside Meadows Residential Project 3 No changes in impact conclusions are anticipated for these species; updates will be made for consistency with current listing status and agency guidance.
Task 4.2 Updated Cultural Resources Assessment
Rincon will update the existing 2024 cultural resources report. The update will include the following:
• California Historical Resources Information System Records Search: Rincon will complete a supplemental California Historical Resources Information Systems records search of the project site and a 0.5-mile search radius at the Northwest Information Center (NWIC). While we do not anticipate any formal changes in the results of the records search, in our experience, record searches over two years in age should be updated, consistent with industry standards. The search will obtain any records for resources or reports to identify known cultural resources and areas of cultural sensitivity in or near the project site that may have been added since 2023. The NWIC response time is approximately 4-5 weeks. • Updated Report: The findings of the supplemental NWIC records search will be incorporated into the existing 2024 Cultural Resources Report including figure revisions and edits to narrative descriptions, as needed. Because the additional project area is paved with no exposed soils, a new field survey will not be required. The report will be used to support the updated Cultural and Tribal Cultural Resources analysis in the EIR. Rincon assumes one round of review/comments by the City on the draft updated Cultural Resources Report. Upon acceptance of update to the 2024 Cultural Resources Report by the City, an electronic copy will also be submitted to the NWIC.
Task 4.3 Updated Visual Simulations
Environmental Vision will assess changes to the project since their original draft simulations prepared in 2023. Assuming 1) that the City confirms that visual conditions in the project vicinity remain substantially similar to 2023 and 2) that project changes that would affect its appearance from public viewpoints are relatively minor, Environmental Visions will update the simulations. If new existing visual conditions photographs or major changes to the simulation modeling are needed, Rincon and Environmental Vision will provide a scope and cost estimate for the more involved updates.
Task 5 Administrative Draft EIR
Rincon will prepare an Administrative Draft EIR in accordance with the current State CEQA Guidelines. The Administrative Draft EIR will include:
Executive Summary – This section will summarize the proposed project and associated environmental consequences. Impacts will be presented in tabular format to simplify review by decision-makers and the general public.
Table of Contents – The Table of Contents will provide readers with the appropriate page number where each major section of the EIR can be found, consistent with State CEQA Guidelines Section 15122.
Project Description – This section will include a description of the project, focusing on project characteristics relevant to the analysis, project objectives, and required discretionary approvals.
Construction details, such as duration and potential equipment, will also be summarized to inform the analysis. The project description will include textual, tabular, and graphic presentation to fully describe the project and form a basis for the environmental analysis. Information from the Initial Study previously prepared by Rincon (updated as needed) as well as changes to the project since then will form the basis for this section.
Introduction and Environmental Setting – These required introductory sections will lay the groundwork for and summarize the substantive analysis to follow. The introduction will describe the purpose and legal authority of the EIR, and provide a discussion of lead, responsible, and trustee agencies. The environmental setting will provide a general description of the existing geographic character of the project site and the City of Pacifica
Proposal to Prepare an EIR for the Proposed Hillside Meadows Residential Project 4 site vicinity. The results of the NOP process including a summary of community and agency responses to the NOP, and where those comments are addressed in the EIR, will also be included in the introductory sections.
Environmental Impact Analysis – This section will analyze impacts to each resource area in the CEQA Checklist. Information and analysis from the Initial Study and technical reports previously prepared by Rincon for selected topics, updated as needed, will form the basis for the topical subsections. For each issue area, the analysis will include four main components:
• Setting – description of current conditions with respect to the issue in question, including the existing regulatory environment
• Impact analysis – discussion of potentially significant effects of the proposed project; impacts are typically compared to established “thresholds of significance” • Mitigation measures – methods by which significant effects can be reduced or eliminated • Level of significance after mitigation – discussion of whether or not proposed mitigation measures reduce impacts to below the adopted significance threshold The EIR impact analysis will be in the same alphabetical order of environmental issues as Appendix G of the State CEQA Guidelines for the resource areas, excluding those that are addressed in the Effects Found not to be Significant section. For each environmental issue analysis section, the Impacts subsection will begin with a discussion of the significance thresholds used to determine if impacts would have the potential to result in a significant environmental impact. Impacts of the project when compared to the existing conditions in the area will be identified. A preliminary estimate of topics to be covered in these sections includes the following, although these are subject to change based on the analysis; impacts determined to be less than significant without mitigation will be discussed in the Effects not Significant section (discussed below).
• Aesthetics
• Air Quality
• Biological Resources
• Cultural Resources
• Greenhouse Gas Emissions
• Noise
• Transportation
• Tribal Cultural Resources
• Wildfire
The technical approach to the environmental analysis will be similar to the approach outlined in our proposal of November 2022. For the transportation analysis, Hexagon Transportation Consultants will support the analysis and process as follows:
1. Internal Meetings. Hexagon will attend one virtual meeting to discuss transportation issues related to the project.
2. EIR Transportation Section. Hexagon will review the transportation section of the Environmental Impact Report and provide additional supporting information, as needed.
3. Public Hearings. Hexagon will attend up to three public hearings as needed.
Regarding air quality, a qualitative assessment of localized risk from construction activities is proposed.
However, depending on the length of construction, the amount of haul trips required, and the quantity and type of construction equipment (for example United States Environmental Protection Agency [USEPA] Tier 4 and/or alternatively fueled equipment) used, a quantitative health risk assessment (HRA) may be City of Pacifica
Proposal to Prepare an EIR for the Proposed Hillside Meadows Residential Project 5 recommended. The Office of Environmental Health Hazard Assessment (OEHHA) guidelines for HRAs suggest that projects with construction periods of more than two to six months and within 1,000 feet of sensitive receptors require a significant amount of excavation or grading, and/or those project sites that are greater than one acre have the potential to result in significant cancer risk. If the project applicant does not propose using construction equipment that meets USEPA Tier 4 emissions standards, then a quantitative HRA is recommended for determining toxic air contaminants (TAC) impacts to nearby sensitive receptors (see Optional Task below).
Effects Found to be Not Significant – This section will briefly discuss effects found to be less than significant or to have no impact. This section will be comprised of all or some of the analysis, updated as appropriate, from the previously drafted Initial Study.
Other CEQA-Required Discussions – This section will include discussions of other sections required by the CEQA Guidelines and will include an analysis of potential growth-inducing impacts and irreversible environmental effects.
Cumulative Impacts – Consistent with State CEQA Guidelines Section 15130, cumulative impacts resulting from the project impacts combined with impacts of other projects in the area will be evaluated. Other projects in the area will be derived in consultation with the City. Mitigation measures will be provided, as applicable, to reduce significant cumulative impacts of the project.
Alternatives – This section will be prepared in accordance with the requirements of the State CEQA Guidelines Section 15126.6 and recent court decisions. The purpose of this section will be to promote informed decision-making and to evaluate a reasonable range of project alternatives. Rincon assumes up to three alternatives will be evaluated. This will include the CEQA-required “no project” alternative and up to two project alternatives. Rincon will develop the project alternative(s) in consultation with City staff.
Pursuant to the State CEQA Guidelines, the alternatives will generally not be addressed to the same level of detail as the proposed project. Where impacts have been identified as significant for the project, the alternatives will identify applicable mitigation requirements, so that a meaningful comparison can be made, if necessary. The analysis will identify whether the alternatives would result in impacts that are less than, similar to, or greater than the project, the level of significance, and mitigation requirements. A matrix that depicts the magnitude of impacts associated with the alternatives when compared to the project will be provided. At the conclusion of the alternatives analysis, the environmentally superior alternative will be identified.
References – This section of the EIR will provide a list of references for the citations found in the body of the EIR. A copy of the reference material will be kept in the administrative record.
Following receipt of City edits and comments on the Administrative Draft EIR, Rincon will revise the document accordingly and prepare a Screencheck Draft EIR. The Screencheck Draft EIR will provide the City with an opportunity for final review of the document as it will appear when circulated for public review.
While not a section of the EIR, Rincon will also prepare and maintain an administrative record during as part of this task. The administrative record will contain copies of each source or pages of each source that is cited or referenced in the EIR. Rincon will store the administrative record on its secure server and will provide it via a downloadable link upon the City’s request.
Task 6 Draft EIR
After comments on the Screencheck Draft EIR have been fully addressed, Rincon will finalize the Draft EIR and provide the document in PDF format suitable for public distribution and uploading to the City’s website.
We assume that comments to be addressed will not require new analysis, technical modeling, substantial research or fieldwork. The Draft EIR will be circulated for public comment for a minimum period of 45 days, as required by CEQA. Rincon will file the Draft EIR and a Notice of Completion (NOC) with the State Clearinghouse, using its recently developed electronic filing system. Rincon will also prepare a Notice of City of Pacifica
Proposal to Prepare an EIR for the Proposed Hillside Meadows Residential Project 6 Availability (NOA) of the Draft EIR. We assume the City or applicant will be responsible for posting the NOA with the San Mateo County Clerk and required newspaper ads and other public noticing of the document’s availability, such as radius label mailing or on-site posting.
Task 7 Administrative Final EIR and Mitigation Monitoring and Reporting Program
Subsequent to receipt of all public comments on the Draft EIR, Rincon will prepare draft Responses to Comments for City review. This will include a list of commenters, comment letters, formal responses to comments, and added or revised text of the Draft EIR that may be necessary. Subsequent to City approval of the draft Responses to Comments, Rincon will prepare the administrative draft of the Final EIR for City review, which will include the Responses to Comments and text changes resulting from those responses.
Rincon will provide the City with approved Response to Comments for it to distribute to public agencies that commented on the Draft EIR at least 10 days prior to the hearing for certification pursuant to State CEQA Guidelines Section 15088.b.
Given the likely public interest in the proposed project due to the addition of new housing in the City, this scope of work assumes up to 15 comment letters will be received, including two lengthy (over five pages) and/or substantive letters, which can be adequately responded to in a maximum of 80 professional staff hours. Rincon assumes additional or expanded technical analysis will not be required to address all comments received. The actual level of effort required to respond will depend on the length, detail, and sophistication of the comments, in addition to the number of letters received. Rincon reserves the right to reevaluate the effort level and request a scope amendment upon close of the public comment period if the number and/or complexity of letters exceeds the number anticipated.
Following receipt of City edits and comments on the Administrative Final EIR, Rincon will revise the document accordingly and prepare a Screencheck Final EIR. We assume that addressing City comments on the draft responses to comments will not require new analysis, technical modeling, substantial research or fieldwork. The Screencheck Final EIR will provide the City with an opportunity for final review of the document as it will appear when presented for potential certification.
Rincon will prepare a Mitigation Monitoring and Reporting Program concurrent with the Administrative Final EIR. The Mitigation Monitoring and Reporting Program will be provided in a format that complies with City requirements and California Public Resources Code Section 21081.6. Essentially, the Mitigation Monitoring and Reporting Program will take the form of a detailed table, which will compile the mitigation measures developed within the body of the EIR, as well as information necessary to monitor compliance with each measure. The Mitigation Monitoring and Reporting Program will include:
• Identification of persons/agencies responsible for monitoring compliance with each condition • Timing when monitoring must occur
• Frequency of monitoring
• Criteria to be used to determine compliance with conditions Task 8 Final EIR
Following internal review and approval of the Screencheck Final EIR, Rincon will produce the Final EIR for consideration by the City decision makers. The Final EIR will include comments, responses to comments, and text to the Draft EIR where changes were made, with the changes marked with underlining and strikethrough, as appropriate.
City of Pacifica
Proposal to Prepare an EIR for the Proposed Hillside Meadows Residential Project 7 Task 9 Public Hearings
Rincon will prepare for and attend up to three public hearings to present our analysis and/or respond to questions on our analysis or the EIR process. If the project is approved, Rincon will prepare a Notice of Determination (NOD) for the City or applicant to file with the County Clerk. The City or applicant will be responsible for payment of County Clerk and California Department of Fish & Wildlife CEQA fees. Rincon will file the NOD with the State Clearinghouse.
Optional Task: Construction Health Risk Assessment
If the City authorizes this task, a refined HRA will be performed in accordance with the latest OEHHA Guidance. The analysis will incorporate the estimated construction emissions and dispersion modeling using the USEPA AMS/EPA Regulatory Model (AERMOD) model with meteorological data from the closest meteorological monitoring station. AERMOD dispersion model outputs will be converted into specific cancer risks and non-cancer chronic health hazard impacts in accordance with the OEHHA Guidance. The results of the HRA will be incorporated into Air Quality EIR section.
Optional Task: Digital Accessibility
Digital accessibility requirements for public documents, including CEQA documents, apply to all California public entities pursuant to ADA Title II and California Government Code Section 7405. Rincon offers a variety of approaches and services to assist with compliance with these regulations. While our scope of work and fee estimate does not currently include digital accessibility services, we would be happy to discuss options and costs for converting our digital reports to comply with digital accessibility guidelines on request.
Cost Estimate
Rincon Consultants, Inc. will complete the work program described above for an estimated not-to-exceed cost of $172,407, as shown on the spreadsheet below. The cost for the optional Construction Health Risk Assessment would be an additional $9,000. For ease of adjustments to the budget in the event that unanticipated tasks arise or increased level of effort is required, Rincon recommends including a contingency budget equaling 20% of our proposed cost in the contract, or $34,481, which would result in a total budget of $206,888. The contingency would be used only at the City’s express authorization.
Task Staff Hours Budget
Task 1: Project Management 70 $17,396
Task 2: Project Mobilization and Kickoff Meeting 10 $2,454 Task 3: Notice of Preparation 12 $2,918
Task 4: Updates to Technical Studies and CEQA Approach Confirmation 32 $7,681 Task 5: Administrative Draft EIR 399 $85,557
Task 6: Draft EIR 38 $7,888
Task 7: Administrative Final EIR and MMRP 84 $18,776
Task 8: Final EIR 20 $4,094
Task 9: Public Hearings 30 $8,016
Reimbursable Expenses (Hexagon Transportation Consultants, Environmental Vision, records search, field equipment, travel) $17,627
Total (not including optional tasks) 695 $172,407
Total with Contingency $206,888
City of Pacifica
Proposal to Prepare an EIR for the Proposed Hillside Meadows Residential Project 8 The proposed scope of services and associated costs are fully negotiable to meet the needs of the City.
Additional work not included within our proposed work program will be completed only upon written authorization from the City in accordance with our standard fee schedule, attached. This offer for professional services will remain in effect for a period of 90 days from the date of this proposal. During this period, questions regarding our proposed scope of services may be directed to Nikki Gemmell, Project Manager, or Abe Leider, Principal-in-Charge.
Schedule
Rincon Consultants has an excellent reputation for adhering to schedules and meeting milestones. Based on our understanding of the project and the analysis required, Rincon proposes to adhere to a schedule that allows for completion of the environmental document in approximately 9 to 11 months, depending on availability of stable project information early in the process, City review times, and comments on administrative and public drafts. Completion of the EIR in this timeframe is based upon receipt of all necessary project information, such as stable project plans and information, at authorization to proceed.
Key Task/Milestone
Approximate
Duration
Kickoff-Meeting and receipt of updated project information, as applicable 1 day City circulates Notice of Preparation for 30 days 30 days Rincon prepares Administrative Draft EIR 8 weeks
City reviews Administrative Draft EIR and provides edits and comments 4 weeks Rincon revises according to City edits and comments and prepares Screencheck Draft EIR 2 to 4 weeks City reviews Screencheck Draft EIR 2 weeks
Rincon revises document according to City edits and provides Draft EIR, draft Notice of Availability, and circulation advising
2 to 4 weeks
Public Comment Period 45 days
Rincon prepares Administrative Final EIR and MMRP 4 to 6 weeks City reviews Administrative Final EIR and MMRP and provides edits and comments 4 weeks Rincon prepares Screencheck Final EIR 2 weeks
City reviews Screencheck Final EIR 1 week
Rincon prepares Final EIR and MMRP 1 week
Thank you for your consideration of this proposal. Please do not hesitate to contact us if you have questions about this proposal or need additional information.
Sincerely,
Rincon Consultants, Inc.
Nikki Gemmell, Project Manager Abe Leider, AICP CEP, Principal Phone: 805-242-4094 Phone: 510-671-0175
Email: [email protected] Email: [email protected] Attachments:
Rincon Consultants 2026 Schedule of Fees
Rincon Consultants, Inc.
Effective January 1, 2026
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* January 1, 2026 – December 31, 2026 Senior Principal $342
Principal $329
Director $329
Senior Supervisor II $313
Supervisor I $292
Senior Professional II $273
Senior Professional I $255
Professional IV $226
Professional III $210
Professional II $186
Professional I $166
Associate III $140
Associate II $125
Associate I $117
Field Technician $100
Technical Editor $157
Project Accountant $134
Billing Specialist $115
Publishing Specialist $128
Clerical $115
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability, cultural resources, GIS, data technology, and other professionals. Expert witness services consisting of depositions or incourt testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Equipment Rate
Equipment Package (covers field equipment) $150/day
UAS Drone $300/day
Boat (20-foot Boston Whaler or Similar) $800/day
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
* Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, printing and production, laboratory and drilling services, subcontractors, vendors, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Budget Reallocation. Rincon reserves the right to reallocate the budget between tasks and staff classifications, while remaining within the approved contract amount.
Annual Escalation. Standard rates subject to 3.5% annual escalation on January 1.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
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EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.
2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 16 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.
3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.