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HomeMy WebLinkAboutContracts & Agreements_68-96_CCv0001.pdf AGREEMENT TO FURNISH ENVIRONMENTAL CONSULTING SERVICES FOR CALIFORNIA STREET LANDFILL VERTICAL LANDFILL EXPANSION AND BORROW SITE EXPANSION This Agreement is made and entered into this 16th day of July, 1996 by and beuveen the City of Redlands, a municipal corporation(hereinafter"City") and Tom Dodson& Associates, (hereinafter "Consultant"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE I - ENGAGEMENTT..OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement,to perform environmental consulting services (the"Services") for the City"s California Street Landfill Vertical Landfill Expansion and Borrow Site Expansion(the "Projecf'). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide high quality Services for the Project at the level of competency presently maintained by other practicing professional consultants in the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific Services which Consultant shall perform are more particularly described in Attachment "A," entitled "Proposal, dated July 2, 1996," which is attached hereto and incorporated herein by this reference. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City-owned property as required by Consultant to perform the Services. 3.3 City designates Valorie Shatynski, Solid Waste Manager, to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the A:ceqavert.a-,t 1 schedule set forth in Attachment B - Tentative Schedule. ARTICLE 5 -TAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed $22,770. City shall pay Consultant on a time and materials basis at the hourly rates shown in Attachment C - Fee Proposal. 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice indicating the Sen ices performed,who performed the Services,indirect costs,and the detailed cost of all Services including backup documentation. Payments by City to Consultant shall be made within 30 days after receipt and approval of Consultant's invoice, by warrant payable to Consultant. 5.3 All contractual notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills and payments sent by mail shall be addressed as follows: Citv Consultant Valorie Shatynski Tom Dodson Municipal Utilities Department Tom Dodson& Associates 35 Cajon Street 463 N. Sierra Way P. O. Box 3005 San Bernardino, CA 92410 Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices,bill and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices,bills, and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 6.- INSURANCE AND INDEMNIFICATION 6.1 Consultant shall maintain worker's compensation insurance and, in addition. shall maintain insurance to protect City from claims for damage due to bodily injury, personal injury and death, and claims for injury to or destruction of tangible property while performing the Services required by this Agreement. Said public liability and propert�, damage insurance shall be in a minimum combined single limit of $1,000,000, and in the aggregate. Consultant shall maintain comprehensive automobile liability insurance with a combined single limit of$1,000,000 for bodily injury and property damage. City shall be named as an additional insured under all policies for public liability, property damage and comprehensive automobile liability,and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Consultant shall provide, City with certificates of insurance evidencing such insurance coverage prior A:ceqa-v'ert.agt to commencing the Services. 6.2 Consultant shall indemnify,hold harmless and defend City and its elected officials, officers, agents and employees from and against all claims, loss, damage, charges or expense, to which it or any of them may be put or subjected to the extent that they arise out of or result from any xNrillful or negligent act or actions, omission or failure to act on the part of the Consultant, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees. 7.2 Consultant shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Consultant's key personnel for the Project are Tom Dodson, Bill Gatlin and Lisa Kegarice. Consultant agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by the Consultant pursuant to this Agreement shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of City. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. All personnel employed by Consultant are for its account only, and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of or on behalf of City. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.7 This Agreement may be terminated by either party, without cause, by providing thirty (30) days prior written notice to the other(delivered by certified mail, return receipt requested) of intent to terminate. 7.8 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall A:ceqavert,agt 3 be made,but(1)no amount shall be allowed for anticipated profit or unperformed services, and(2)any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. 7.9 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services affected, and(2) deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable), of any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services required by this Agreement. 7.10 Consultant shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Consultant. 7.11 This Agreement,including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations,proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing,approved by the City Council of City and signed by City and Consultant. 7.12 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City of Redlands Tom Dodson & Associates ("City") ("Consultant") By. By: fw SNVEN LARSON TOM DODSON Mayor President ATTEST- ity erk, City , e ands A:ceqavert.agt 4 z ATTACHMENT A A:cega-,ert.aL,t x PROPOSAL To assist the CITY OF REDLANDS MUNICIPAL UTILITIES DEPARTMENT with ENVIRONMENTAL CONSULTING SERVICES FOR THE CALIFORNIA STREET LANDFILL Submitted to the. CITY OF REDLANDS MUNICIPAL UTILITIES DEPARTMENT P. 4. Box 3005 Redlands, CA 92373 Submitted by: TOM DODSON & ASSOCIATES 463 N. Sierra Way San Bernardino, CA 92410 (909) 884-9700 Fax (909) 889-8050 -&4, . 7::: Tom.Dodson, Date President I Item 1, Scope of Work (City)is proposing to revise the Solid Waste Facilities Permit(SWFP)for its The City of Redlands, California Street Landfill(CSL). The intent of the revision is to allow for a 17 foot vertical expansion of the presently permitted landfill to extend the life of that facility. it is our understanding that no revisions to the permitted daily tonnage,type of refuse,hours of operation, etc. are proposed. The most significant change will be the extended operational life of the facility and, consequently, postponement of its closure. Implementation of this proposed change in operation of the landfill will not only require a revision to the SWFP,but also the current Conditional Use Permit(CUP), issued for the facility. Daily refuse cover material(soil)is pre tlY being obtained from a City owned borrow area located southerly of and adjacent to the landfill. Soil material is excavated from the site and hauled to the landfill to cover the deposited wastes. Presently,this borrow activity is permitted by a CUP issued by the City as the local enforcement agency for implementing the California Surface Mining and Reclamation Act (SMARA). Closure of the borrow area is regulated by a Reclamation Plan which was approved by the City and reviewed by the California Department of Conservation, office of Mine Reclamation (DOC). implementation of the proposed SWFP revision will require soil material to cover the additional wastes deposited at the landfill. Provision of this cover material will require excavation within the borrow area to a depth which exceeds that presently permitted. Acquisition of this additional cover material will require revisions to both the current CUP and the Reclamation Plan for the borrow site. Approval of the SWFP revision will require a discretionary decision by the San Bernardino County Department of Environmental Health Services which acts as the Local Enforcement Agency(LEA) for the California Integrated Waste Management Board (Waste Board). The Waste Board will review the sNkTp revision and CEQA document for concurrence with the LEA's decision. Approval of the CUP and Reclamation Plan revisions will require a discretionary decision by the City with the DOC acting as a responsible agency for review of the Reclamation Plan. Prior to making these decisions, the California Environmental Quality Act(CEQA)requires that the decision makers be fully informed of the potential environmental effects of implementing these projects. Additionally, CEQA requires that each project must be fully analyzed in a single environmental document. An agency should not split or piece meal the environmental review process. Because the waste disposal and soil excavation activities are interdependent, it is Tom Dodson & Associates' (TDA)recommendation that one environmental document (Initial Study)that covers all actions be prepared and utilized during the project review and approval process. It is out understanding that the revisions to the C and Reclamation Plan be processed concurrently. Based on information provided in the RFP, we can not identify any potential impacts which can not v be mitigated to a non-sicant level through standard engineering desigm Based on available gnifi information,we concur that a Mitigated Negative Declaration will be the appropriate environmental determination for this project. 2 Item . Project Approach As discussed above in Item 1, the CUPs and Reclamation Plan should be processed concurrently as components of single project. We also recommend that a single environmental document which reviews both activities (landfilling and soil excavation) be utilized as the CEQA compliance document. This document will also be used as the CEQA compliance document for the SWFP revision. To accomplish these goals, TDA proposes the following approach which will combine components of the individual Task Orders identified in the RFP. Task 1 TDA will review the Draft Report of Disposal Site Information {draft RDSI) and the Draft Preliminary Closure Plan {draft Closure Plan)provided by the City. After review of these documents TDA meet with City stafFto discuss the revisions to the CSL Solid Waste Facility Permit (SWFP) and the CUPS. Once agreement has been reached on the scope of the revision, TDA will prepare the CUP applications for both the landfill and the borrow area. TDA will provide the City's Municipal Utilities Department(Utilities Department)a screencheck draft of the CUPS for review and comment. TDA will make agreed upon revisions to the applications and provide the Utilities Department with application packages which are ready for submittal to the City Planning Department. These applications can either be submitted prior to or concurrently with the Initial Study depending on the needs of the Utilities Department and City Planning staff. It is anticipated the CUPs will be submitted to the Planning Department when deemed adequate by the Utilities Department to expedite Planning Department review. The scope of services for this task will include preparation of all application submittal items (radius map, mailing labels, etc.). The one exception is the project drawings. TDA anticipates using the plans contained in the draft RI?SI as the project drawings submitted with the CUP app licati . Thi proposal does not include preparation of project design plans. onss TDA will also assist the Utilities Department with preparation of the revised Solid Waste Facility Permit in conjunction with preparation of the CUP applications. The goal of this task will be to provide applications that thoroughly=and uniformly describe the projects as proposed by the permits. Task 2 Once the scope of activities covered by the permit revisions is established;TDA will prepare the Project description for use in the Initial Study. Because one environmental document will be used for all the proposed actions, this project description will describe both the proposed disposal and soil barrow activities and their relationship to each other. The project description will also address the actions which must be taken by the lead and responsible agencies to approve the proposed permit revisions. TDA will provide the Utilities Department a screencheck of the project descrption r ifo review and comment. TDA will mare agreed upon revisions to the project description. The finished product of this task will be a complete description of the project which be the subject of evaluation in the Initial Study. Task 3 Using the latest City of Redlands Initial Study checklist form, TDA will evaluate the potential environmental effects to each checklist issue from implementing the entire project(landfilling and soil borrowing). To conform with current CEQA requirements, TDA will provide substantiation for the conclusions reached regarding potential impact to each checklist issue. TDA will also identify mitigation measures,when needed,to reduce all potential impacts to the greatest extent feasible. The scope of this task will also include preparation of a draft Reclamation Plan for submittal to the Utilities Department. The scope of services covered by this proposal assumes that adequate topographic mapping be famish - ed bthe City to prepare the plans. The provision of a will y topographic base map is not included in the scope of this proposal. TDA will submit a screencheck Initial Study and Reclamation Plan to the Utilities Department for review and comment. TDA will make agreed upon revisions to these documents and finalize the Initial Study for submittal to the Planning Department. Task 4 TDA will assist the Utilities Department with submittal of a draft Initial Study and Reclamation Plan to the Planning Department for review and comment. TDA will finalize the Reclamation Plan and Initial Study and assist the Planning Department to distribute the Initial Study for public review and comment. If after review of the Initial Study, City staff feels a Negative Declaration is the appropriate CEQA determination for the project, TDA will assist the City with circulation of the document for review and comment. Because state agencies will function as interested and/or responsible agencies,the Initial Study must be circulated through the State Clearinghouse for the minimum 30-day review period. TDA will also assist the City with preparation of a Est of other interested persons and agencies to which the document will be distributed. If at this time, however, the City determines that an EIR should be prepared for this project,the Initial Study will not be circulated and work under this contract would cease based on the"scopeof work"identified in the Request for Proposal which does not include any work associated with the noticing, scoping and preparation of an EIR. Task 5 While the environmental document is undergoing public review and comment, TDA will prepare a draft Mitigation Monitoring and Reporting Plan (MMRP) and a Notice of Determination for City staff's review and comment. Task 6 TDA will meet with City staff to review= the comments received during the public review and comment period. TDA,%Nill prepare responses to the comments and submit a draft of the responses 4 to the City for review. TDA will make agreed upon revisions to the responses and submit a final response to comments for inclusion with the CEQA document presented to City decision makers. Under this task-,TDA will also finalize the MM"to reflect any revisions to the mitigation measures necessitated by comments received on the project. The deliverable product of this task is a final CEQA document for the project which will be utilized by decision makers. Should,however, commenting parties raise an unforseen issue or issues for which adequate mitigation can not be identified and City staff determine an EIR should be prepared, all work under this contract will cease as work associated with an EIR is outside the scope of services. Task 7 TDA will assist the City staff with presentation of the project to the decision makers. At this time, it is anticipated this will include the City's Environmental Review Committee, the Planning Commission, and possibly the City Council. The scope of this task covers attendance at three hearings. If the decision makers approve the project and adopt the Negative Declaration, TDA will assist the City with filing of a Notice of Determination(NOD) with the Clerks of the San Bernardino County Board of Supervisors and the State Clearinghouse, if requested. Posting the NOD will begin a 30 day challenge period for the environmental determination. If after that period, no legal challenge of the CEQA determination has been made, the CEQA compliance portion of this project will be completed. Task 8 TDA will assist the City with submittal of the SWFP revision and the NOD to the LEA for processing This task includes meeting with LEA staff to coordinate any processing and address any concerns or issues raised by the LEA. It should be noted that once the 30 day court challenge period on the CEQA determination is over,no further legal challenge to that determination is allowed. Any comments by the LEA and Waste Management Board be provided during the public review and comment period prior to the City's decision on this project. At this time, the LEA will only consider approval of the SWYP revision with the Waste Management Board providing concurrence. The decision by the LEA on this project will end the scope of work Z� covered by this proposal. Item 3. Schedule Notice to proceed (July 17, 1996) July 24 - Submit draft CUP applications July 29 - Submit draft project description for the Initial Study August 9 - Submit draft Reclamation Plan for borrow area August 12 - Submit draft Initial Study including substantiation and mitigation measures 5 August 23 - Submit final documents and plans August 26 - Start public review and comment September 4 - Submit draft MA4RP September 26- End Public Review and Comment Period September 30- Submit draft response to comments October I - Submit final MNW October 3 - Submit final response to comments This schedule assumes that all comments can be responded to with data available and that no new substantive issues are raised which require additional data or evaluation. Item 4, The Firm and Employees Tom Dodson &Associates is a small, locally owned business that incorporated in 1983. The two owners, Tom Dodson (President) and Bill Gatlin (Vice President), are involved in day-to-day operation of the firm and are also involved in each project undertaken by TDA_ This approach provides the company owners with knowledge and input into each project,thus ensuring that each project receives the firms high standard for work effort. A common theme of all TDA projects is compliance with environmental requirements while meeting project schedules. TDA works with clients to meet schedules and identify reasonable and ethical environmental requirements. For every project, TDA has found there is a balance between development goals and the need to protect the environment. TDA strives to define this balance for clients and regulators and present workable solutions that both parties can accept as the basis for development of projects. As a result of our over 10-years of experience, TDA has worked with hundreds of clients, and has maintained a near 100% retention of clients over this period of time. While purposely remaining small, TDA is capable of providing a full range of environmental and regulatory compliance services. This includes an in-house biological staff capable of providing biology resource evaluations, as well as, revegetation and habitat restoration capabilities. TDA professionals bring more than 40 years of environmental and regulatory compliance to each assignment. TDA conducts environmental and regulatory compliance work for more than 100 firms and agencies with a single goal which is to make each project succeed for both the client and the environment. As previously stated, TDA operates in such a manner that both principals of the company are fully knowledgeable of the projects undertaken by the firm. As such, the roles of project manager and document preparer will be shared by Mr. Dodson and Mr. Gatlin. The qualifications of the TDA personnel which will be invohed in this project are as follows: 6 CEQA COMPLIANCE SCHEDULE GRAPH WEEK 1 4 5 d 7: 8 9 16 .11 11 13 :1415 16 : 17 18 19: 20 �1 Notice to Proceed Submit draft CUP asp Submit Draft Project Desrriptloi% Submit draft Reclamation Plan Submit final documents moor and plans Start Public Review and Comment Submit draft MMRP Submit drift Response to Comments Submit final MMRP Submit final Response to Comments Public Hearings Court Cltalenge 7 Tom Dodson Geographer and Environmental Consultant Master of Arts(Geography),1973 Bachelor of Arts(Geography),1968 University of California,Berkeley Tom Dodson is the President of Tom Dodson and Associates since its incorporation. He has had almost 20 years of experience in land use plannin&and environmental and resource management,with special expertise in CEQA regulatory compliance. He personally prepares environmental documentation for a broad variety of projects and acts as a resource person in working with clients,governmental agencies,and decision-makers in finding solutions to complex problems. He negotiates with regulators at the state and local level and designs formal presentations to committees and groups. Mr. Dodson also provides expert witness testimony on land use issues on a variety of court cases,primarily in CEQA litigation and regulatory cases. Previous Experience United States Navy: August 1976-April 1985 Served as the civilian Environmental Protection Officer for the Naval Weapons Center,China Lake,California,for nine years. This was a GS-13 supervisory position with responsibility for managing the total environmental program for a 1700 square mile(I.I million acres)naval research laboratory and test facility located in the Upper Mojave Desert. Maintained a secret security clearance at China Lake and was cleared for certain color coded projects that required environmental review. Security clearance not currently in place,but no events have transpired in the intervening eight plus years that would prevent it from being reissued if required. Major accomplishments and responsibilities included: a. Management of staff of ten with responsibility for compliance with all federal,state and local environmental laws and regulations. Preparation and development of all environmental impact statements,and compliance strategies. b. Representing the Center before decision-making bodies, including the state legislature and county boards of supervisors_ c. Provide key expert witness support during litigation in federal court regarding a burro management plan contested by the Fund for Animals. d- Development of the Center's hazardous waste management program-the first of its kind in the Navy. The Plan's methodology was later adopted for all Navy facilities on the West Coast. e Two-time recipient of the Center Commanders's Award for Excellence in mission support. Sonoma County:, April 1976 to August 1976 Served as a private environmental consultant to Sonoma County. Developed a Geothermal Coordination Program between agencies with regulatory jurisdiction over geothermal energy development in the County, San Bernardino County:May 1974 to April 1976 Environmental Specialist for San Bernardino County supervising a staff of eight in compliance with state and local guidelines. Assisted in the development of a national award-winning streamlining of the environmental guidelines for the local level. Served as technical advisor to the Environmental Review Committee, Made presentations to the Board of Supervisors,Planning Commission and to the public, 8 Private Consultant:June 1971 to May 1974 Consultant to private industry conducting environmental evaluations and resource analyses, including major land development projects in California,Minnesota and Florida, Served as visiting lecturer in environmental planning in fall quarters of 1972 and 1973 at Cal Poly San Luis Obispo. Recent Rroject Experience(1985-Present,Selected) Negotiation of Stream Alteration Agreements and Section 404 Permits Since 1999 Mr. Dodson has been involved in more than 20 projects that required acquisition of Stream Alteration Agreements from the State Department of Fish and Game and Section 404 Permits from the U S. Army Corps of Engineers. This includes several permits in Big Bear Valley,along the Santa Ana River and its tributaries,and southern California in general. Broadwell Corporation's Hazardous Waste ReRository.Site Development(October 1988-Present) Selecting,permitting and developing a repository for hazardous wastes in a dry lake area near Ludlow in San Bernardino County. County CUP issued and CEQA document withstood litigation. The Bear Valley Communities Plan. November 1988 Prepared a program EIR proposing guidelines for unincorporated land development for a specific area of San Bernardino County,revising the Consolidated General Plan and establishing a new Land Use District Map. South Coast Air Quality Management District. 1990 Consultant providing policy guidance in the preparation of a CEQA Handbook and implementation of the Air Quality Management Plan for the region. Managed preparation of the Final Environmental Impact Report for the District's 1989 Air Quality Management Plan. Citv of Redlands/C.L.Pharr is Annexation Agreement(1990-Present) Development and preparation of an EIR for an agreement between the City of Redlands and a sand and gravel operation, evaluating land use impacts on air quality,traffic,noise,water consumption,etc. North American Chemical Corporation(formerly Kerr-McGee Chemical Corporation) Environmental consultant on a variety of projects in the Trona-Boron area,including the Argus Cogeneration Facility Ash Disposal Site(County CUP and SWFP) and the Mining/Reclamation Plan for the Panamint Valley limestone quarry operation. Morongo Basin Pipeline Project for the Mojave Water Agency(1990-Present) Preparation of environmental documentation,involving an extensive field data gathering effort,for the construction and operation of a regional pipeline supplying State Project Water to local water purveyors. This included an Environmental Assessment(EA)for the Bureau of Land Management tinder the Bureau's NEPA Guidelines. Major issues of concern included biological resources in general and endangered species(including a Section 7 consultation and a 404 Permit from the Corps of Engineers), cultural resources, and ground water/water quality concerns. Followed preparation of all environmental documentation with acquisition of regulatory permits and compliance with all mitigation measures, including long-term monitoring of the construction effort and follow-up restoration of the disturbed right-of-way, 9 Bill Gatlin Environmental Consultant Bill Gatlin has been Vice President of Tom Dodson&Associates since its incorporation. Prior to joining IDA.,Mr. Gatlin had over twenty(20)years experience in the civil engineering field. During that time,he performed a variety of duties which included land surveying,engineering design,project manager/engineer and land use/development planning. This experience provides Mr. Gatlin with in depth knowledge and understanding of engineering concepts,drawings and the planning and regulatory process. Since joining TDA, he has utilized the engineering/planning background in the preparation and processing of mining/feclamation plans and permits for a variety of clients throughout southern California, The miturig/reclarnation plans were prepared for both hard rock(granite,iron,limestone,etc.)operations as well as,sand, gravel and aggregate facilities. Preparation of the mining plans included design of the facilities to meet health and safety codes and standards and the production needs of the operators. These projects ranged in size from large facilities designed to operate for twenty years or longer to smaller operations with one or two year life expectancies. The reclamation plans were developed to provide the operators flexibility with plan implementation while achieving the goal of adequate site reclamation. Mr.Gatlin's previous experience also includes the submittal and processing of applications for a wide variety of permits from local,state and federal agencies, Previous Experience Mr, Gatlin*s duties at TDA has also included the preparation of environmental documents to meet both CEQA and the National Environmental Policy Act(NEPA)requirements, These documents have ranged from Initial Studies to EIR's and Environmental Assessments for a variety of different projects throughout southern California. Ludwiz Engineering May 1982-July 1987 Served as project manager for Mobil Oil Company's development of the East Highlands Ranch,Highland California. This project is a±1500 unit master planned community covering ±2000 acres. Mr. Gatlin was involved in the project from early planning to construction. Initial duties included participation in development of the master plan and processing the development plans and permit applications through project approval. Later activities included participating in and overseeing the preparation of final engineering plans and project construction activities. Kicak and Associates January 1980-May 1982 This firm primarily provided engineering consulting services to cities. During this period Kicak and Associates was contract city engineers to the cities of Grand Terrace and Lake Elsinore. Mr, Gatlin's duties were to meet with developers to discuss projects,assist the public,oversee and inspect some construction activities and perform other services provided by the City's engineering office including review of developed projects to establish conditions of project approval. W'ES Engineering March 1977-January 1980 Served as project manager/engineer for numerous land development projects throughout San Bernardino and Riverside counties, Duties were to manage and design projects from inception to approval of the final development plans and maps. These tasks included preparation,submittal and processing of applications and tentative maps with the local lead agencies, as well as,overseeing construction to ensure the project was constructed properly. Neste,Brudin and Stone March 1976 to March 1977 Served on design team for the Yucaipa Valley Water Districts sewer installation project. This project*introduced sanitary sewers to the Yucaipa area and the project involved design and construction of the sewer infrastructure including the waste water treatment plant 10 Robert V.Eagle and Associates November 1974 to March 197 Designed and field surveyed for construction of micro-wave communication facilities for Continental Telephone Company in California, Nevada, Idaho, Oregon and New Mexico. Duties included identification of potential sites, field reconnaissance of the sites to determine acceptability and field survey to establish the geodetic position of and height of the communication towers. Arrowhead Engineering Corp. 1967 to March 1976 Participated in the design and field surveying of land development projects throughout southern California. Principal focus was on the development of Greentree in Victorville California. Also served as company project manager to Southern California Edison Company. Duties included overseeing and participating in,the field surveys of pole and tower alignments and the preparation of legal descriptions for property acquisition document. Lisa Kegarice Ecologist Project Assignment: Biological Resources BS,Plant Ecology,California State Polytechnic University,Pomona Years of Experience: 6 Key Qualifications Since April 1993,Lisa Kegarice has been the Staff Ecologist/Biologist for Tom Dodson and Associates,an environmental consulting firm in San Bernardino. She is responsible for general biological surveys, evaluations of the absence or presence of endangered species(plants and animals),and preparation of reports and focused studies of endangered species. She is also involved in wetland delineation issues and habitat restoration projects. In addition,Lisa provides valuable expertise in the area of permit assistance and compliance with regulations of the State Department of Fish and Game,U.S. Fish and Wildlife Service,and the U.S.Army Corps of Engineers. Her background as project manager with the Corps for two years has been most beneficial in this area, Relevant Experience A wide variety of on-going projects with the Burlington Northern and Santa Fe Railway Company. These include pen-nit compliance for the Santa Ana Canyon Commuter Rail Line,bridge reconstruction projects statewide,and the San Joaquin Corridor Expansion in the Bakersfield and Stockton areas. This work has involved Jurisdictional Wetland Delineations, Natural Diversity Data Base searches, field surveys, monitoring and mitigation for endangered species,and revegetation/restoration mitigation for impacts to Waters of the United States 'including wetlands. In addition to the commuter rail projects,Lisa also conducts focused endangered species surveys, monitors construction,and obtains all necessary permits for the general maintenance and operation of the railway. Work on the Saugus to Palmdale Commuter Rail Line dealing with wetland encroachment on the Santa Clara River and stream channels and its effects on various sensitive species- Lisa has conducted field surveys and worked with engineers to evaluate alternative alignments to minimize the impacts of rail line construction. Conducted a biological survey and prepared a report on a 34-acre property(subdivision)in Big Bear City for Dartmouth Development Company. Approximate cost$1,200.00. Conducted Jurisdictional Wetland Delineations for the Coachella Valley Water District for Section 404 compliance and mitigation planning, On-going monitoring/mitigation and habitat restoration work on the Morongo Basin Water Supply Pipeline construction project for Mojave Water Agency. This has been a multi-million dollar project involving Desert Tortoise monitoring,sensitive species,and revegetation of miles of disturbed lands. Item 5. Representative Projects Generally,borrow activities to provide cover material at landfills are considered pan of the disposal activities and covered by the WFP. Reclamation of the borrow site is generally provided in the closure plan for the landfill site. Because this project will involve revisions to a SWFP and a Mining/Reclamation Plan, it is necessary to site examples ofprevious work performed on separate projects involving these two issues. 5a. Permitting and Reclamation Plans for mining activities 1. BK K Corporation 2550 23r Street Torrance,CA 90505 Contact: Mr.Ron Gastelum Phone(310)539-7150 Broadwell Lake Hazardous Disposal Site TDA prepared and processed Mining and Reclamation Plans for both a clay mine and a sand and gravel mine for use as cover material at a proposed hazardous waste disposal facility at Broadwell,Lake near Ludlow California. This project involved the preparation of the plans and applications for submittal to the County of San Bernardino. These facilities were a component of a single project which resulted in the approval of a hazardous waste disposal site on Broadwell Lake. TDA was actively involved in the entire project from inception to approval as the environmental consultant to BKK Corporation, Duties included attendance at meetings with local state and federal agencies and public hearings before decision makers, 2, FNF Construction Company 115 S. 4r Street Tempe,AZ 85280-5005 Phone(602)784-2910 Contact: Mr. Don Stout TDA prepared and processed a Mining/Reclamation Plan with related permits with the County of San Bernardino for a sand and gravel excavation project near Ludlow,California. Material mined from this facility was used to manufacture asphalt for the resurfacing of Interstate 40, This mine was to be operated for two years then reclaimed over an additional two years. TDA prepared the plans and applications and secured the necessary approvals for the project including negotiations with the Bureau of Land Management for an access road and mitigation for loss of desert tortoise habitat. This facility was opened on schedule and the resurfacing operation completed within contract requirements. TDA was actively involved in the successful reclamation of the site which is now closed and functioning as open space, 2. City of Redlands Municipal Utilities Department 35 Cajon Street,Suite 15A Redlands,CA 92373 Phone(909)798-7698 Contact,- Ms. Valerie Shatynski TDA has assisted the City of Redlands with revisions to its Reclamation Plan for the CSL borrow area. TDA assisted the City with revisions to its Reclamation Plan for the original±8.5 area borrow site. Revisions to this Plan were necessary to bring the operation into compliance regarding the storage of topsoil and methods of revegetating the excavated slopes, 12 Subsequently,TDA prepared a revised Reclamation Plan to cover the borrow expansion area which is presently being used to provide cover at the landfill. TDA prepared both the written text and a map which comprise the Reclamation Plan. `IDA responded to all comments submitted by the DOC which were incorporated into the Reclamation Plan as an addendum to the plan, This Reclamation Plan was completed on schedule,approved by the City and accepted by the DOC. It is this current plan that will be revised to address reclamation of the proposed borrow area expansion project 5b. Example Project (Reclamation Plan) A representative sample of TDA's work on Reclamation Plans is the plan prepared for the CSL borrow area. A copy of that plan is on file with the City of Redlands Municipal'Utilities Department Should the City wish to see other samples of TDA work with reclamation plans,they will be made available on request 5c. Environmental documents for SVVFP revisions I. North American Chemical Company PO Box 367 Trona,CA 95392-0367 Phone(619)372-2130 Contact:Mr.Andy Anderson North American Chemical Company(NACC) owns and operates its own private class III landfill in Trona, California. This facility is only used by NACC and operates under the terms of a use permit issued by the County of San Bernardino and SWFP issued by the LEA. TDA prepared and processed the land use application and an Initial Study for the proposed project which evaluated its potential impacts to the environment. Although potentially significant adverse impacts were identified,TDA was able to identify sufficient measures to mitigate potential impacts below a level of significance. The County issued the landfill use permit and adopted a negative decl&ation for the project This CEQA determination was utilized by the LEA when it issued the SWFP for the project. This facility was opened on schedule and continues to operate in compliance with the permits. 2. BKK CorRoration 2550 237x'Street Torrance,CA 90505 Phone(310)539-7150 Contact: Mr. Ron Gastelurn TDA prepared and processed an Initial Study for a revision to the use permit and SWFP for the BKK Landfill in West Covina,California, TDA worked with both BKK staff and the City of West Covina to develop the project description utilized in the Initial Study and the permit application. TDA submitted the Initial Study to the City on schedule and assisted City staff in securing a Negative Declaration for the project The permits were issued and the facility remains in operation today. 3__San Bernardino,Solid Waste MaLiagemeLit Department 222 W. Hospitality Lane,2'Floor San Bernardino,CA 92415-0017 Due to privatization of County landfills, much of the staff familiar with TDA's work is no longer with the Department TDA,therefore,recommends the following contact who reviewed our documents for the County Planning Department: Contact: Mr, Randy Scott Phone(909)387-4099 TDA prepared and assisted the County's Solid Waste Management Department process Initial Studies for SWFP revision for ten(10)landfills located throughout San Bernardino County. TDA reviewed the RDI prepared for the facilities. Based on data contained in those documents, TDA prepared a project description which was 13 reviewed by County staff. After concurrence of the project description, TDA completed the County's environmental checklist form providing substantiation for all issued evaluated and mitigation,where necessary, to reduce potential impacts below a level of significance- `IDA assisted the Solid Waste Management Department process the Initial Study with the County Planning Department. TDA prepared responses to all comments received for consideration by decision makers. All projects which were taken forward for consideration were approved,the permits amended and Negative Declarations adopted as the environmental determination for the projects. 5d. Example Project(CEQA Document) Included with the proposal submittal is a copy of the Negative Declaration, Initial Study and Land Use Application for the NACC project in Trona. Additional work samples are available upon request Item 6. Location of Office All work performed on this project by TDA will be conducted at the following location: 463 N. Sierra Way San Bernardino, CA 92410 Phone: (909) 884-9700 Fax: (909) 889-8050 Contacts: Mr. Bill Gatlin or Mr. Tom Dodson Item 7. Subcontract Arrangement Based on our understanding of this project as described in the City's Request for Proposal, TDA does not anticipate that any subcontract arrangements will be required. Should, after the start of work on this project,it be determined that a specialty firm is needed, TDA will provide the City with information on that firm and it's staff Item 8. Conflict of Interest Neither TDA nor any of its staff have any known conflicts of interest prohibited by law. As noted above, TDA has per-formed environmental consulting services to the San Bernardino County Solid Waste Disposal Department, The services provided were environmental review of SVV1FP revisions to its landfills. These CEQA documents are prepared as neutral, third party evaluations of the potential environmental effects of implementing the proposed SWFP. TDA did not participate in the planning nor implementation of these projects. It only evaluated their potential environmental effects. TDA has not been under contract to or performed work for the Solid Waste Management Department for about two years. 14 TDA has, however, worked for the City of Redlands Municipal Utilities Department the past two years on various projects at the CSL without any perception or implication of a conflict of interest. Item 9. Hourly Fee Schedule Environmental Specialist I $I00.00/hour Environmental Specialist. II $ 75.00/hour Ecologist I $ 68.50/hour Ecologist H $ 55.00/hour Clerical/Graphics $ 35.00/hour Item 10. Deliverables TDA is fully capable ofproviding the Solid Waste Division with both hard copy and electronic forms of the project documents. 15 ATTACHMENT B A:ceqavert..*a TENTATIVE SCHEDULE CEQA/CUP FOR CALIFORNIA STREET LANDFILL VERTICAL EXPANSION AND BORROW SITE EXPANSION Documents Final (checklist, mitigation measures and CUP application) 08/23/96 Submit to ERC 08/23/96 ERC Meeting-determine if Mitigated Neg Dec 09/09/96 Circulate document(30 day) 09/10/96 Prep MMRP Circulation closes 10/10/96 MUST SUBMIT Info to Planning Commission(see Planning Dept about this-my notes are sketchy) 10/11/96 Revise according to comments ERC Meeting-Look at IS & MMRP: Recommendation to Planning Commission and Council (Mit Neg Dec & OK CUP) 10/21/96 ??20 day notice in paper Study session for Planning Commission (,i� landfill 10/22/96 Or 10/29/96 Planning Commission meeting for approval of CUPS 11/12/96 Planning Dept issue NOD Appeal Period (3)0 day) Report to Council Submit Revised SWFP A-CEQAVERT.Sch ATTACHMENT C A:CegaVei't.agt FEE PROPOSAL 1. Hourly Estimate Task I a. Meet with staff and review the RDSI 12 hours @ $100.00/hour= $1,200.00 and Closure Plan b. Prepare CUP applications 12 hours @ $75.00/hour = $900.00 c- Prepare SWFP application 6 hours @ S75.00/hour = $450.00 d. Clerical/Graphics 6 hours @ $35.00/hour = $210,00 e. Permit revisions 4 hours $75.00/hour = $300,00 Total for Task 1 $3,060.00 Task 2 a. Prepare Project Description . p 25 hours @ $100.00/hour= $2,500.00 b, Clerical 6hours @ $35.00/hour= $210.00 c. Revisions 5 hours @ $100.00/hour= $500.00 Total for Task 2 $3,210.00 Task 3 a. Prepare IS Check-list 30 0 hours @ $100.00/hour= $3,000.00 10 hours $75.00/hour= $750.00 b. Clerical/Graphics 10hours @ $35.00/hour= $350.00 c, Revisions 6 hours @ $75,00/hour= $450,00 d, Prepare Reclamation Plan 30 hours @ $100.00/hour= $3,000.00 e, Clerical/Graphics 6hours@ $35.00/hour= $210,00 f Drafting 8 hours @ S55.00/hour= $440,00 g. Revisions to IS and Reclamation Plan 8 hours @ $100.00/hour= $800.00 4hours@ $35.00/hour= $140.00 Total for Task 3 $9,140.00 Task 4 a. Revise Initial Study 6 hours @ $100.00/hour= $600.00 b. Clerical/Graphics 4 hours @ $35.00/hour= $140.00 c. Revised Reclamation Plan 6 hours @ $100.00/hour= $600.00 d. Clerical/Graphics 4 hours @ $35.001hour= $140.00 Total for Task 4 $1,480.00 Task 5 a. Prepare draft NINW 10 hours @ $100.00/hour= $1,000.00 Total for Task 5 $1,000.00 Task 6 a. Prepare Response to Comments 20 hours @ $100.00/hour=$2,000.00 b. Clerical 8hours @ $35.00/hour= $280,00 c. Finalize Response to Comments 5 hours@ $100.00/hour= $500.00 d, Finalize MN4RP 3 hours@ $100.00/hour= $300.00 Total for Task 6 $3,080.00 Task 7 a, Attend 3 hearinas 10 hours @ S100.00/hour= $1,000.00 b. Additional hearing time invoiced at $100.00/hour if needed Total for Task 7 $1,000.00 a. Submit SWFP and meet with LEA 8 hours@ $100.00/hour= $800.00 2. No specialty firm subcontracts are proposed 3. Fee Estimate Task 1 $3,060.00 Task 2 $3,210.04 Task 3 $9.140.04 Task 4 $1,480,00 Task 5 $1,000m Task 6 $3,080.00 Task 7 $1,000.00 Task 8 $ 800,00 Total estimated fee $22,770.00 4. Compensation Because the extent of work effort for Task 1-5 can be identified, TDA proposes a flat fee for these tasks. Because of the many uncertainties associated with tasks 6-8, TDA proposes to complete these tasks on a time and expense basis with an estimated fee. Task 1-5 (flat fee): $17,890.44 Task 6-8 (time and expense) estimated to be: $4,880.00