HomeMy WebLinkAboutContracts & Agreements_177-2020Michael Bake Environment Agmt.FY20-0025
AGREEMENT FOR THE PROVISION OF
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES FOR A PRIVATE
PROJECT
This agreement for the provision of professional environmental consulting services
('Agreement") is made and entered into this 12th day of August, 2020 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and Michael Baker International,
Inc. ("Consultant"), who are sometimes individually referred to herein as a 'Party' and, together,
as the 'Parties. In consideration of the mutual promises contained herein, City and Consultant
agree as follows:
ARTICLE 1 —ENGAGEMENT OF CONSULTANT
1 1 City hereby engages Consultant to provide professional environmental consulting
services for City (the `Services").
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 the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services under
similar circumstances.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
A, titled `Scope of Services, including a project schedule, which is attached hereto
and incorporated herein by reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to, State prevailing wage
laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Brian Desatnik, City's Development Services Director, or his designee,
as City's representative with respect to performance of the Services, and such person
shall have the authority to transmit instructions, receive information, interpret and define
City's policies and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the mutually approved schedule set forth in Exhibit `B, titled `Project
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Schedule, which is attached hereto and incorporated herein by reference. The Services
shall commence on the Effective Date of this Agreement and be completed on or before
January 31 2021
4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City consistent with
City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5 1 The total compensation for Consultant's performance of the Services shall not exceed the
amount one hundred thirteen thousand one hundred sixty three dollars ($113,163). City
shall pay Consultant on a time and materials basis, up to the not to exceed amount, in
accordance with Exhibit 'C, titled `Project Costs and Hourly Rates, which is attached
hereto and incorporated herein by this reference.
5.2 Consultant shall submit an invoice to City describing the Services performed, the dates
the Services were performed, and the number of hours spent and by whom, upon
completion of the Services. City shall pay Consultant no later than thirty (30) days after
receipt and approval by City of Consultant's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class certified, registered or
express mail, with return receipt requested; (iii) on the actual delivery date if deposited
with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy
sent contemporaneously by first class, certified, registered or express mail, in each case
properly posted and fully prepaid to the appropriate address set forth below or such other
address as a Party may provide notice in accordance with this section:
City:
Brian Desatnik, Director
Development Service Department
35 Cajon Street, Ste. 20
P 0 Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands.org
(909) 798-7555
Consultant;
Darren Riegler
Senior Vice President
Michael Baker International
3536 Concours, Suite 100
Ontario, CA 91764
(909) 974-4961
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not
perform any Services unless and until the required insurance listed below is obtained by
Consultant. Consultant shall provide City with certificates of insurance and endorsements
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evidencing such insurance prior to commencement of the Services. Insurance policies
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City
A. Workers' Compensation and Employer s Liability insurance in the amount that meets
statutory requirements with an insurance carrier reasonably acceptable to City or
certification to City that Consultant is self-insured or exempt from the workers'
compensation laws of the State of California. Consultant shall execute and provide
City with Exhibit 'D titled `Workers' Compensation Insurance Certification,
which is attached hereto and incorporated herein by this reference prior to
performance of the Services.
B. Comprehensive General Liability insurance with carriers reasonably acceptable to
City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and
Two Million Dollars ($2,000,000) aggregate, for public liability, property damage
and personal injury is required. City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City
C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City
D Consultant is expressly prohibited from assigning or subcontracting any of the
Services without the prior written consent of City In the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Consultant shall
require any sub -consultant hired to comply with the City's insurance requirements to
the same extent as Consultant prior to any Services being performed by the assignee
or subcontractor.
6.2 Consultant shall, indemnify and hold harmless City and its elected officials, employees
and agents from and against any and all claims, losses or liability including attorneys'
fees, arising from injury or death to persons or damage to property occasioned by any
negligent act or omission by or the willful misconduct of, Consultant, or its officers,
employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7 1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
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represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreernent.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law.
(ii) issue, deny suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic hrterests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 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, including fees for the
use of in-house counsel by a Party
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may in the sole
discretion of City results in City's immediate termination of this Agreement. City shall
not assign this Agreernent, except with the prior written approval of Consultant. Neither
party shall unreasonably withhold, delay or condition such approval.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
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forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only and in no event shall Consultant or 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 Consultant
shall have no authority express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority express or implied, to
bind City to any obligation.
8.4 This Agreement may be terminated by City in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. If this
Agreement is terminated by City an adjustment to Consultant's compensation shall 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. Upon
receipt of a termination notice, Consultant shall immediately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City copies (in both hard copy and electronic form, where
applicable) of project related 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. Consultant shall be compensated
on a pro -rata basis for Services completed up to and including the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available upon reasonable
advance notice and at reasonable times for examination by City at the office of
Consultant.
8,6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.8 if one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
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8 9 Neither Party shall have any claim or right against the other, whether in contract,
warranty, tort (including negligence), stnct liability or otherwise, foi any special, indirect,
incidental, 01 consequential damages of any kind of nature whatsoever, such as but not
limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss
of use of equipment or loss of data, work Interruption, increased cost of work or cost of
any financing, howsoever caused, even if same were reasonably foreseeable
8 10 Neither Party shall have any claim 01 nght against the other for any failure of
performance where such failure of perforrnance is caused by or is the result of causes
beyond the reasonable control of the other Party due to any occurrence commonly known
as a "force majeure," including, but not limited to acts of God, fire, flood, or other
natural catastrophe, acts of any governmental body, labor dispute 01 shortage, national
emergency, insurrection, riot, or war
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement
CITY 0 REDLANDS MICHAEL BAKER INTERNATIONAL, INC
ku,ca
Jan " McConnell,
Assistant City Manager
ATTEST
ea '+ e Donaldson, City Clerk
&J61, VP,
Darren ' iegl - , enior Vice Pr sident
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EXHIBIT "A"
SCOPE OF SERVICES
SCOPE OF WORT(
Our approach to preparing the CEQA document for the Citrus Valley Specific Plan is to first and
foremost work collaboratively with City staff to prepare documentation that satisfies CEQA
requirements, aids the City in the decision-making process, and follows an efficient and effective
project delivery process. To accomplish these objectives, our approach is founded on the
following principles:
1. Conduct a technically adequate and complete environmental analysis including reviews of
applicant provided studies.
2. Create a reader -friendly CEQA document that utilizes a combination of narrative, tables, and
exhibits to help the reader understand the environmental consequences of the project.
3. Establish and achieve a milestone/critical path project schedule.
4. Openly communicate with staff to ensure the City's desires are met and expectations are
exceeded.
Our team will prepare an Initial Study (IS) analyzing the potential impacts of the proposed Citrus
Valley Specific Plan in order to determine the appropriate CEQA document for the project.
Following preparation of the IS, if it is found that a Mitigated Negative Declaration (MND)
would be sufficient to comply with CEQA, we will complete finalize the preliminary technical
work to complete the initial study document and prepare the Notice of Availability and MND
cover sheet for the Initial Study Should the analysis find that an Environmental Impact Report
(EIR) is warranted, we will prepare an EIR, which will include all the components required by
CEQA, including a summary a project description, a description of the environmental setting, a
discussion of both project -specific and cumulative environmental impacts (by topic), and
mitigation measures. In addition, an alternatives analysis in which up to three alternatives
(including the No Project Alternative) will be considered. The EIR will be prepared in
accordance with the most recent Guidelines for the Implementation of CEQA, applicable CEQA
case law and City guidelines.
TASK 1. PROJECT INITIATION AND PROJECT DESCRIPTION
Task 1.1. Project Initiation
Michael Baker will conduct an initial project kickoff meeting with the City and project applicant
if desired by the City to ensure agreement on the basic project elements and define the project
description/site plan. Michael Baker will review related previously adopted CEQA documents
and other relevant available information related to the project and conduct a site visit to
document the existing condition.
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Task 1.2: Literature/Record Research and Project Description
Michael Baker, upon completion of the kickoff meeting, will obtain and review data for the
analysis of project -relevant policies and documentation, as well as from local, state, and federal
agencies, which may be affected by the project. This information, along with data and
information available from the City and the applicant, will become part of the foundation for the
environmental documents. Michael Baker will prepare a draft project description for review and
comment by City staff After receiving comments and making the appropriate changes, we will
submit a revised version of the project description, which will be the basis for the project's
environmental analysis and project technical studies.
TASK 2: TECHNICAL STUDIES AND ADMINISTRATIVE DRAFT INITIAL STUDY
In order to determine if the proposed project will result in significant impacts, Michael Baker
recommends the preparation of an IS as well as analysis for technical topical areas to satisfy
CEQA requirements. This initial phase will allow the City and Applicant know the anticipated
CEQA document early in the process which will reduce the overall project timeline. Key areas of
focus for the preliminary analysis will be transportation and traffic, air quality greenhouse gas
emissions, energy and biological resources. Studies provided by the Applicant will be reviewed
for adequacy for compliance with CEQA and other regulatory requirements (i.e. CDFW
protocols). The Traffic Impact Analysis will undergo a complete peer review which delves into
the assumptions, methodologies, and verification of modeling inputs and outcomes.
Task 2.1. Traffic Impact Analysis Peer Review
The Traffic Impact Analysis peer review will determine if the report has been prepared in
conformance with appropriate guidelines for preparation of traffic impact analysis reports and in
accordance with City procedures for Implementing the State CEQA Guidelines. The scope
assumes one review of the draft report and one review of the updated report. The technical peer
review will determine the adequacy of the following key traffic study components:
Coordination with City
Study area definition
Existing volume set
Project trip generation
Traffic forecasts
Use of required analysis methodologies
CEQA Compliance
VMT analysis
Analysis scenarios addressed
Operational analysis
Proposed mitigation measures
General Plan conformance
Mitigation fee plans
Fair share calculations for mitigation
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Deficiencies noted in the peer review will be documented and transmitted to the City via a
technical memorandum.
Task 2.2: Biological Habitat Assessment Peer Review
Michael Baker will conduct a CEQA peer review of the applicant's Biological and Trapping
Study for adherence to requirements of the California Department of Fish and Wildlife (CDFW)
and U.S. Fish and Wildlife (USFWS). The review will determine the adequacy of the following
key components:
• analyses of proposed and final Critical Habitat
• USFWS National Wetlands Inventory
• USFWS 10(a)(1)(B)
• Consistency with any applicable Habitat Conservation Plans
• potential presence of sensitive vegetation types, aquatic communities (wetlands/water of the
US), and special -status plant and wildlife species present or potentially present onsite.
This task assumes one review of the reports and one review of revised reports. Deficiencies
noted in the review will be documented and transmitted to the City via a technical memorandum.
Task 2.2.1. Biological Habitat Assessment by SBKR Licensed Biologist
To determine whether the Project Site supports suitable SBKR habitat, a habitat assessment will
be conducted by a SBKR biologist (Steve Montgomery or Phillip Wasz) with extensive
knowledge of the natural history and habitat requirements of the species. The biologist will walk
the entire property in relatively closely spaced transects and record any observed diagnostic sign
of kangaroo rats, including burrows, scat, tracks, and tail drags. The biologist also will document
vegetation communities on the site that are suitable for SBKR (primarily alluvial fan sage scrub).
SBKR have been identified immediately north and east of the property so there is some potential
for the species to occur on the subject Project Site.
Following the site visit, a brief report will be prepared documenting the results of the habitat
assessment, which will include representative site photographs. A draft copy of the report will be
submitted electronically for review After receiving one round of compiled comments, if
necessary a final version of the report will be prepared and submitted electronically The report
will determine if further study or trapping is recommended. Trapping is not included in this
scope and would be added via a contract amendment.
Task 2.2.2: SBKR Trapping Survey and Report — (Optional pending results of SBKR Habitat
Assessment)
U.S. Fish and Wildlife Service (USFWS) protocols for SBKR surveys require that trapping be conducted to
confirm the identity of kangaroo rats responsible for any kangaroo rat sign observed in the field. Trapping Is
the only way (except for laboratory DNA testing) to know for certain if observed field sign is that of SBKR or
that of the non -endangered Dulzura kangaroo rat (DKR; Dipodomys simulans). If suitable habitat is present on
the Project Site and/or if any kangaroo rat sign is observed during the survey described in Task 2.2,1, and it
has been determined that a trapping survey is required to identify the kangaroo rat species present on the
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project site, then a biologist in possession of a Federal 1Q(a)(1)(A) Recovery Permit will perform SBKR
trapping surveys in accordance with the protocols outlined by USFWS and in the biologist's permit.
USFWS protocol trapping requires five consecutive nights of trapping, with traps set in the habitats most
likely to yield SBKR, to confirm presence/absence of the species. Permit conditions limits SBKR trapping
studies to 200 traps per permitted investigator The traps are required to be spaced approximately 10 meters
apart and 200 traps can cover approximately 10 acres. If presence/absence trapping is required across the
entire 60 -acre Project Site, it will require six 5 -night trapping sessions.
Following the trapping effort, a report will be prepared that documents the results of the trapping effort. The
report also will include a discussion of trapping methods, a figure showing trap locations and, if applicable,
SBKR capture locations, and representative photographs. A draft copy of the report will be submitted
electronically for review After receiving one round of compiled comments, if necessary, a final version of the
report will be prepared and submitted electronically
Task 2.3: Air Quality/Greenhouse Gas Assessment Peer Review
Michael Baker will conduct a peer review to determine if the report has been prepared in
conformance with appropriate guidelines for preparation of air quality and greenhouse gas
assessments and in accordance with City procedures for Implementing the State CEQA
Guidelines and with the South Coast Air Quality Management District.
This task assumes one review of the reports and one review of revised reports. Deficiencies
noted in the review will be documented and transmitted to the City via a technical memorandum.
Task 2.4: Phase I Cultural Resources Assessment
For this task, Michael Baker has teamed with DUKE CRM. DUKE CRM provides high quality
archaeological, historical, and paleontological consulting services, balancing the importance of
preserving significant historical, archaeological, and scientific resources with the needs of a
growing and changing human environment. DUKE CRM staff are experts in the CEQA, the
National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NI -IPA,
Section 106). DUKE CRM will prepare a Phase I Cultural Resources Assessment that will
consist of the following components:
Research. DUKE CRM will complete a records search at the South Coastal Information Center (SCCIC),
located at California State University -Fullerton, The SCCIC is the State -designated repository for records
concerning known archaeological and historic resources and prior cultural resource studies in San
Bernardino County The records search will include up to a one -mile radius. At the same time that we
initiate the records search, DUKE CRM will contact the Paleontology division of the San Bernardino
County Museum for a search of their files. In addition, DUKE CRM will contact the Native American
Heritage Commission (NAHC). The NAHC will perform a Sacred Lands file search and provide a list of
Native American groups to contact regarding this project. Finally, limited on-line research will be
conducted.
We assume that any historic buildings and/or structures have already been recorded/documented on
California Department of Parks and Recreation site records (DPR 523 Series) and that they have been
evaluated for eligibility on the California Register of Historical Resources and the City's local ordinance,
Any new evaluation will require a contract amendment.
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Field Survey. Because we know that there have been other surveys immediately adjacent to the Project,
we have made this an optional task. If there has not been an archaeological survey in the last 10 years a
field survey will be recommended. The purpose of the survey is to identify any cultural/paleontological
resources within the project, characterize the setting of the project, and field check any previously
recorded cultural/paleontological resources discovered by the records search. Photographs will be
taken. For the purposes of this proposal DUKE CRM does not anticipate the identification of any
cultural/paleontological resources within the project boundaries; if resources are discovered that have
not been recorded or evaluated and it becomes necessary to do so, additional tasks and costs, not
included herein, will be necessary Applicant will need to provide legal and physical access to the
Project.
Letter Report. DUKE CRM will prepare a cultural/paleontological resource letter report. The letter will
include a project description, methods, results, and recommendations sections. DUKE CRM will prepare
one draft of the report for review by Michael Baker and a draft and final report for the City, as
necessary. The report will be provided in PDF and/or MS Word electronic format. No hard copies or
reproductions are included. If additional reviews are necessary or if there are substantive changes to the
report, as determined by the City, a contract amendment will be necessary
Task 2.5: Energy Analysis Peer Review
Michael Baker will analyze the report for its documentation of energy Implications of the project in
compliance with Appendix G of the CEQA Guidelines. Michael Baker will review the consistency analysis
with state or local plans for renewable energy or energy efficiency and verify the analysis of energy
consumption associated with short-term construction activities, long-term operations, buildings, and
transportation are correct an appropriate.
This task assumes one review of the reports and one review of revised reports. Deficiencies
noted in the review will be documented and transmitted to the City via a technical memorandum.
Task 2.6: Noise Analysis Peer Review
Michael Baker will peer review the Noise Analysis for the project. The review will cover the following
areas and will be provided to the City by electronic copy
Existing Conditions. The applicable noise and land use compatibility criteria for the project area and
noise standards regulating noise impacts will be reviewed for land uses on and adjacent to the project
site. Noise measurement methodologies will be reviewed for best practices and appropriateness.
Construction -Related Noise and Vibration. Noise impacts from construction sources will be reviewed
based on the anticipated equipment to be used, length of a specific construction task, equipment power
type (gasoline or diesel engine), horsepower load factor and percentage of time in use. The review will
verify construction noise impacts in terms of maximum levels (Lmax) and hourly equivalent continuous
noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. A review of vibration
impacts will be based on the Federal Transit Administration's vibration analysis guidance.
Operational Noise Sources. Off-site operational noise impacts from vehicular traffic will be reviewed
against the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77 108). On-site noise
generating activities and their potential impacts to the adjacent uses will be verified. Compliance with
applicable noise standards will be evaluated.
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This task assumes one review of the reports and one review of revised reports. Deficiencies noted in the
review will be documented and transmitted to the City via a technical memorandum.
Task 2.7• Administrative Draft Initial Study
Using the City's latest CEQA Initial Study Checklist format,' Michael Baker will prepare an administrative
draft Initial Study (IS) for review by City staff The IS will provide written responses to each question on
the Environmental Checklist that describe and qualitatively and/or quantitatively evaluate the project's
impact related to each topic. Each response will include a conclusion regarding the significance of the
project's impact, which may be determined to be potentially significant, potentially significant unless
mitigated, less than significant, or nonexistent (i.e. no impact).
Beyond the technical aspects of preparing the CEQA document, Michael Baker's approach to the IS is to
prepare a reader -friendly document that clearly explains why the impact is considered not significant or
why the recommended mitigation measures reduce the impact to a less than significant level, To
accomplish this, Michael Baker will use a combination of narrative, figures, photographs, maps, tables,
and other visual aids. We believe that our reader -friendly approach will greatly aid the City in meeting
two of the core purposes of CEQA. informing the public about the environmental impacts of the project
and allowing decision -makers to consider the project's environmental consequences before deciding
whether to approve the project.
ENVIRONMENTAL DOCUMENT
Once the Administrative Draft IS is complete, Michael Baker will meet with the City to review the
findings of the analysis, and which CEQA document is appropriate for the project. These options allow
flexibility in the environmental process, as well as prevent inefficiencies in both budget and schedule.
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
If the preliminary analysis in the IS concludes that significant impacts would not occur Michael Baker
would then prepare formal technical studies for incorporation into the IS/MND document to
substantiate the analysis within the IS document.
TASK 3: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION PREPARATION
Task 3.1. Draft Initial Study/Mitigated Negative Declaration
After receiving the City's comments on the administrative draft IS, Michael Baker will complete the
Screen -check Draft IS/MND, which will include incorporating the technical studies, finalizing mitigation
measures, and adding the required MND forms to the document. Michael Baker will prepare a Screen -
check Draft IS/MND for the project based on the discussions in the Initial Study The Screen -check Draft
IS/MND will be submitted electronically to the City for review and approval. After receiving any final
comments from the City on the Screen -check Draft IS/MND, Michael Baker will prepare a Public Review
1. Michael Baker will work with the City to determine the appropriate CEQA Checklist to utilize for this project, given updates to
the Appendix G CEQA Checklist In late 2018 and to understand the City's selection of VMT thresholds.
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Draft of the IS/MND with all comments/revisions incorporated into the document. The Public Review
Draft IS/MND will be a clean version, and all track changes/highlights from the previous version will be
accepted/removed. This version will be circulated to the public for review in accordance with CEQA for a
period of 30 days.
Task 3.2: Circulation of Draft Initial Study/Mitigated Negative Declaration
Michael Baker will assist the City in circulating the IS/MND for public review. For this task, Michael Baker
will prepare a Notice of Intent (N01) to Adopt an MND as well as a Notice of Completion (NOC) for the
State Clearinghouse. Michael Baker will submit the IS/MND to the State Clearinghouse via the Office of
Planning and Research's CEQA.net document submission portal. Michael Baker will also provide a copy
of the completed document in PDF form to the City for posting on the City's website. Michael Baker will
assist the City in the distribution (i.e. mailing) of the N01 to up to 20 local agencies. Michael Baker
assumes that the City will be responsible for publishing the notice in the local newspaper and/or posting
the notice on- and off-site, if desired and filing the N01 with the County Clerk'
TASK4: FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Task 4.1. Responses to Comments
While not required by CEQA, it is Michael Baker's recommendation to prepare written responses to
comments on the Draft IS/MND. Michael Baker will prepare responses to comments on environmental
issues raised during the public review period. An administrative draft version of the responses to
comments will be submitted to the City for review and comment. After receiving the City's comments
and making the appropriate changes, we will submit a final version of the responses to comments to the
City If a substantial amount of comment letters is received, Michael Baker will provide an estimated fee
and schedule to the City for discussion and approval. As an initial estimate, Michael Baker has included
thirty (30) hours for response to comments.
Task 4.2: Mitigation Monitoring and Reporting Program
If mitigation measures are required, a Mitigation Monitoring and Reporting Program (MMRP) must be
completed prior to adoption of the IS/MND. Michael Baker will prepare an MMRP for the project using a
format approved by the City An administrative draft version of the MMRP will be submitted to the City
for review and comment. After receiving the City's comments and making the appropriate changes, we
will submit the final MMRP to the City This task does not include construction monitoring after the
City's adoption of the MMRP Should mitigation monitoring be required (biological preconstruction
training or surveys, cultural resources training or monitoring, tribal monitoring, etc.), Michael Baker can
provide these services under a separate scope and fee.
TASK 4: PROJECT MANAGEMENT, MEETINGS AND HEARINGS
'While County offices are closed to the public, documents may be recorded via mail by sending all documents and
attachments along with the applicable fees to 222 W Hospitality Lane San Bernardino CA 92415.
L'\ ea\dim\Agreements\Michael Bake Environ rent Agmt FY20-0025. loo
EA -7.2 (129.19)
Task 4.1. Project Management
Michael Baker's assigned project manager will work closely with City staff. This approach optimizes
communication between the involved parties. Management activities include coordinating with the
project team, ensuring the proposed timeline is met, monitoring the project budget and progress, and
providing quality control review of all completed work products. Michael Baker has allocated 20 hours of
project management time for this effort.
Task 4.2: Public Hearings (T&M)
Michael Baker's project manager and technical team will be available for project hearing support on an
as -needed basis. For the purpose of this scope, it is assumed that the project manager or a team
member can attend up to three public hearings for the project to answer questions regarding the project
CEQA analysis. For budgeting purposes, Michael Baker has allocated twenty (20) hours for public hearing
attendance.
Task 4.3: Notice of Determination
Michael Baker will prepare a Notice of Determination in accordance with Section 15094 of the State
CEQA Guidelines for the City to file with the County Clerk. We recommend that the City file the Notice of
Determination within 5 days of adopting the MND to establish a 30 -day statute of limitations. The City
would provide the applicable California Department of Fish and Wildlife fee3.
3 While County offices are closed to the public, documents may be recorded via mail by sending all documents and
attachments along with the applicable fees to 222 W Hospitality Lane San Bernardino CA 92415.
L \ca\dim \Agreements\Michael Baker Environment Agmt.FY20-0025, toc
EXHIBIT "B"
PROJECT SCHEDULE
SCHEDULE
E1A-7.2 (1.29.19)
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Michael Baker International is committed to completing the project in a time frame that meets the City's
needs. Our proposed schedule outlines an approach that would result in the IS for the project being
released for public review in approximately 15 weeks, however the specific needs of the City to expedite
this timeline can be discussed.
Tasks/Milestones
Duration
(number of
weeks)
1
Timeline
Week 1
Action Items Upon
Completion of Task
Kick off meeting, data collection from
applicant, finalize project description.
Commence technical studies and begin
preparation of the administrative Draft IS
Kickoff Meeting and Site Visit
Prepare Technical Studies and
Reviews
4
Weeks 1-4
Technical studies can be prepared within 4
weeks starting from the date all necessary
data is received.
Complete administrative draft IS
Prepare Administrative Draft IS
4
Weeks 1-4
City to review administrative draft IS and
provide comments to Michael Baker City
reserves 2 weeks for review.
City Review of Administrative
Draft IS
2
Week 5-6
Michael Baker to address City comments and
prepare proof -check draft IS
Prepare Revised Draft IS
1
Week 7-8
City to review proof -check draft IS and
provide comments to Michael Baker
City Review of Proof -Check Draft
IS
2
Week 9
Michael Baker to address City comments and
prepare document for public review
Finalize IS for Publication
<1
Week 10
Michael Baker submits public review draft to
the City Michael Baker to prepare notices
and Michael Baker/City to circulate IS for
public review
Prepare Notices and Circulate,
Publish, and Distribute IS and
Notice of Intent
<1
Week 10
Michael Baker/City to publish, post, and
distribute the Notice of Intent
Public Review Period
4
Weeks 11-14
Public review period closes in 30 days of
release. City and Michael Baker to address
any comments received during the review
period.
Prepare Responses to Comments
1
Week 15
City to review responses to comments and
L:\ca\dy r\Agreements\Michael Baker Environment Agnrt.FY20-0025.doc
EA -7 2 (129,19)
and MMRP
MMRP
Public Hearings to Consider
Adoption of Mitigated Negative
Declaration
4
(estimated
for Planning
Commission
and City
Council)
Weeks
TBD
City to file Notice of Determination with
County Clerk, prepared by Michael Baker
File Notice of Determination
<1
Week
TBD
CEQA process/documentation complete
Assumptions:
I. The draft schedule represents an accelerated production time for Michael Baker International. City review times are
not accelerated.
2. Assumes a 30 -day review period. If State Clearinghouse review is not required, review period could be reduced to 20
days.
3. Does not consider any specific hearing dates.
L\ca\djm\Agreen ns\Michael Baker 13ry ron lent Mint FY20-0025 dloc
EA -7.2 (129.19)
EXHIBIT "C" PROJECT COSTS
TASK
Techincal Technical Env.
Specialist Specialist Project Specialist/ Env.
QC II t Manager. Biologist Planner. Analyst
$ SSU $ 150 $ 130 $ 105
260 $ 17S $
Cost
, .. . . n.;>.,............ �...... ., .r.,1..,,., .........;... , ,nor„:rv;;n...,,.,.,..,......,.. .r..•:................n•• ••• : y...,._,.,.,...,..,...
.3A`r�i`.IiSe...hkSY., d.,E4�”, S�hTt&�tOtlt.''�'+JifRiv. �!� j� �j ,...
..., ai:nhT:f „�Rp. n....ra.,.nf�rt,n!:u1.4!:::Ib:�c'rn`K•4.v:d:nA••lnj)h 1: Y,,pj..: n....;,..1 ^hr e.:a:m•:�H}nPm.. ., d 4! �b�4:4�4!.LIn
...:a,;.....�. �3
.. u.,••�a y, ....nY�BAJJI:•1:M
Task1.7: Project Initiation
8
8
16
$2,600
Task Lm Literature/Record Research and. ro ect Description
8
6
2
=
17
$2,390
.Taskisubtotaf
...
. $4,990
W
HQSI.Rn' �4T 10111.04PiE$,.. r:r: *4.a,..e.+r..,g . ,.2:r. ,.oh
.074an �...:.......
rt P
,.... ,......r,,
w rr::::: �.0 ,. •......... ., rr r.....,....,
.12.
. a,
X ,rerP1
, ....
Task 2.1: Traffic impact Analysts Peer Reuter.
2
22
2
2
28 $.5,630
Task2.2 HaaitatAssessment Peer Renew
2
16
12 52,700
Task 2.21: Habitat Assessment for MICR
2
2 $3,450
Task 23. AQ/&H6 Assessment Peer Reviet
1
12
2
15 $3,275
' Task 24. Phase l Cultural Resources Assesment (DUKE CRM)
2
2 $4844
' Task 25: Energy Analysis Peer Re raw
1
12
2
1.5 $5175
Task 2.6: No: se Analysis Peer Renew
1 16
2
2S $4,075
Task 2.7: Admiarsaa:ive Draft Initial Study
8 6
10
45
40
45
8
:62 $24555
Task25u`btatal . . � ..
.� . EY ••e'nTtn4' ,4W!+uw
� ry�
,INrnd4�t?dVl�m t?, a ta
..
..
Option A:intbnt
.. .....
...
: '
Study/Mitigated
.....
.
Negative. Declaration
.1r^
� ..
' . ....
�
....
� $50, 66d.
Task u.L Public Review Draft Initial Study/Mitigated Negative Declaration
4
2
8
12
24
8
58
$7,310
' Task 3.2: Crwlation of the Draft 3nitiai Study%Mitigated Negga
r
8
16
25
$2,555
Task3Subru al
',
$9,965
.; t..;,..,�,.a.... `....... ..rr n... .:.�.,.n1,,:,-.....,,..........,....,..,.:......:...: .... ,.. ......... .,... ,.:. .. ......, .......
1D 6:..,.....,aa..ra........_..,:t•,.,a.,,;.:.,al:a.hri,,,wp,.n,.a:+i.ar.r.,, ..r., .F..., .... .;.e 4,y ..
......... ... ........ .......
....t.:. ..... ... r V
.. .......... ........
1 t ::n,r ::
. Task 4.1: Response to Comment=
2
12
_2
4
30
$A030
Task 4.2: Mitigation Monitonog and Reporting Program
2
8
2
12
$1,500
Task4Subtotal
$5530
:1'4;c1$i':PSA�€NTa....!R({sgh�d!ire1!rPgs a[ph�ifednn�.'^.^.:,u•a..:....r......r..::.,.... ,........�r:.::-nn.._..................
�.... `.. ,,.....�...a...��......._�.
,.............................
...^,....
Task 5.1 Projec Management
24
2U
$3,000
. Task 5.2 Pohl=c Hearings (T&M) 10
10
26
$3,250
Task 5.., Notice of Determination
2
6
8
5910
Task556btotot
Subtotal All Tasks
'y
-
„.
, Z
$7,180.
$78.353+'
$29363
Rermbursables Estimate
Total(Without Optional Tasks) . ,:'
EA 7.2 (1.29 19)
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one 01 more of
the following ways
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his of her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the perforrnance of the work and activities required or permitted under this
Agreement (Labor Code §1861)
I affirm that at all times, in perfommmg the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance
I certify under penalty of penury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
MICHAEL BAKER INTERNATIONAL, INC
By yo, 6k k fahik1 Date
-fir Dnen `1-igl-. , Senior Vice President
L.1ca\djm\Agreements\Michacl Baker Environment Agtnt.FY20 0025.cocc