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Michael Baker International 2023-08AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and NHCHAEL BAKER INTERNATIONAL 01247 0005/85885712/14/2023 AGREEMENT FOR CONTRACT SERVICES i BY AND BETWEEN THE CITY OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL { This "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL" (herein "Agreement") is made and entered into this 28t' day of February 2023 by and between the City of Grand Terrace, a California municipal corporation ("City") and Michel Baker International ("Consultant") City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties " RECITALS A City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 11 of this Agreement B Consultant, following submission of a proposal or bid for .the performance of the services defined and described particularly in Article I of this Agreement, was selected by the City to perform those services C On December 13, 2022, the City Council approved an agreement by and between the City and Consultant However, since that date, the scope of services to be performed by Consultant has been revised significantly, such that a new consultant services agreement has been prepared by the Parties By and through the approval of this Agreement, the City Council's approval of the December 13, 2022, agreement for the Project as described herein shall be rescinded and it is the intent of the parties that the prior agreement shall be of no further force and effect C Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement D The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and, covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows ARTICLE 1 SERVICES OF CONSULTANT 1 1 Rescission of Prior Agreement Approval The Parties agree that by and through the City Council's approval' of this Agreement, the City Council's approval of the December 13, 2022, agreement is rescinded for all purposes The December 13, 2022, agreement is terminated for all purposes, and shall have no further force and 01247 0005/85885712/14/2023 -2- effect Neither party shall have anobligations under the December 13, 2022 agreement, as described in further detail pursuant to Section 9 4 herein 12 Scope of Services hi compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances 13 Consultant's Proposal The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern 14 Compliance with Law Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered 15 Licenses, Penmts, Fees and Assessments Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as maybe required bylaw for the performance of the services required by this Agreement Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder 16 Familianty with Work By executing this Agreement, Consultant warrants that Consultant (1) has thoroughly investigated and considered the scope of services to be performed, (11) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and 01247 0005/858857 1 2/14/2023 -3- restrictions attending performance of the services under this Agreement If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer 17 Care of Work The Consultant shall adopt reasonable methods during the life of the Agreement to furmsh continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence 18 Further Responsibilities of Parties Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement Unless hereafter specified, neither party shall be responsible for the service of the other 19 Additional Services City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (1) the Contract Sum for the actual costs of the extra work, and/or (u) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less, or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer Any greater increases, taken either separately or cumulatively, must be approved by the City Council It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor City may in its sole and absolute discretion have similar work done by other consultants No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed 1 10 Special Requirements Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein 01247 0005/858857 1 2/14/2023 -4- by this reference In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement, the provisions of Exhibit `B" shall govern ARTICLE 2 COMPENSATION AND METHOD OF PAYMENT 21 Contract Sum Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herem by this reference The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred and Forty Six Thousand, Seven Hundred and Seventy Two Dollars and No Cents ($346,772 00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 19 22 Method of Compensation The method of compensation may include (l) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention, (ui) payment for tune and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded, or (iv) such other methods as may be specified in the Schedule of Compensation 23 Reimbursable Expenses Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4 5, and only if specified in the Schedule of Compensation The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City Coordination of the performance of the work with City is a critical component of the services If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings 24 Invoices Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement The invoice shall detail charges for all necessary and actual expenses by the following categories labor (by sub -category), travel, materials, equipment, supplies, and sub -contractor contracts Sub -contractor charges shall also be detailed by such categories Consultant shall not invoice City for any duplicate services performed by more than one person City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement Except as to any charges for work performed or expenses incurred by Consultant 01247 0005/858857 1 2/14/2023 -5- which are disputed by City, or as provided in Section 7 3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice, however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herem or any applicable law 25 Waiver Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant ARTICLE 3 PERFORMANCE SCHEDULE 3 1 Time of Essence Time is of the essence in the performance of this Agreement 32 Schedule of Performance Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herem by this reference When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively 33 Force MWeure The time penod(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantme restrictions, hots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section 01247 0005/858857 1 2/14/2023 -6- 34 Term Unless earlier terminated in accordance with Article 7 of this Agreement, tlus Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance Exhibit M ARTICLE 4 COORDINATION OF WORK 41 Representatives and Personnel of Consultant The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith Tanya Bilezikjian, P E , ENV SP, Office Executive, Vice President (corporate Secretary) (Name) (Title) Peter Minegar, AICP, Office Executive, Vice President (Name) (Title) (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder All personnel of Consultant, and any authorized agents, shall at all tunes be under the exclusive direction and control of the Principals For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance 42 Status of Consultant Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City Consultant shall not at any tune or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City Neither Consultant, nor any of Consultant's officers, employees or agents, shall 01247 0005/858857 12/14/2023 -7- obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees Consultant expressly waives any claim Consultant may have to any such rights 43 Contract Officer The Contract Officer shall be Konrad Bolowlch, City Manager or such person as may be designated by the City Manager It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions wluch must be made by City to the Contract Officer Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement 44 Independent Contractor Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service Consultant shall perform all services required herein as an independent contractor of City and shall remain at all tunes as to City a wholly independent contractor with only such obligations as are consistent with that role Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or ajoint venturer or a member of any joint enterprise with Consultant 45 Prohibition Against Subcontracting or Assignment The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into tlus Agreement Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis In the event of any such unapproved transfer, including any bankruptcy proceeding, tlus Agreement shall be void No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City 01247 0005/858857 1 2/14/2023 -8- ARTICLE 5 INSURANCE AND INDEMNIFICATION 5 1 Insurance Coverages The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City (a) General Liability Insurance (Occurrence Form CG0001 or equivalent) A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal mjury and property damage The policy of insurance shall be in an amount not less than $1,000,000 00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit (b) Worker's Compensation Insurance A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent) A policy of comprehensive automobile liability insurance written on a per occurrence for bodily mjury and property damage in an amount not less than $1,000,000 Said policy shall include coverage for owned, non -owned, leased, hired cars and any automobile (d) Professional Liability Professional liability insurance appropriate to the Consultant's profession This coverage may be written on a "claims made" basis, and must include coverage for contractual liability The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage (e) Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor All coverages for subcontractors shall include all of the requirements stated herein (f) Additional Insurance Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B" 52 General Insurance Requirements All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance 01247 0005/858857 1 2/14/2023 -9- maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers Moreover, the insurance policy must specify that where the primary insured does not satisfy the self -insured retention, any additional insured may satisfy the self -insured retention All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any parry hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5 1 to the Contract Officer No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following "cancellation" notice CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN [to be initialed] L06nsultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects liability arising out of activities Consultant performs, products and completed operations of Consultant, premises owned, occupied or used by Consultant, or any automobiles owned, leased, hired or borrowed by Consultant The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability Any deductibles or self -insured retentions must be declared to and approved by City At the option of City, either the insurer shall reduce or eliminate such deductibles or self-msured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims The Consultant agrees that the 01247 0005/858857 12/14/2023 -10- requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in Section 5 3 In the event the Consultant subcontracts any portion of the work in compliance with Section 4 5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5 1, and such certificates and endorsements shall be provided to City 53 Indemnification To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemmfied Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herem "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herem of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or mdemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney's fees incurred in connection therewith, (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder, and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom, (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims ansing out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney's fees Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and 01247 0005/858857 1 2/14/2023 -11- failure of City to monitor compliance with these provisions shall not be a waiver hereof This indemnification includes claims or liabilities ansmg from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' mdemmty hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement 54 Sufficiency of Insurer Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager ARTICLE 6 RECORDS, REPORTS, AND RELEASE OF INFORMATION 61 Records Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act 62 Reports Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer 01247 0005/858857 1 2/14/2023 -12- shall require Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herem or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed 63 Ownership of Documents All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials"), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City's choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment Consultant may retain copies of such documents for its own use Consultant shall have the right to use the concepts embodied therein All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U S C § 101, such documents and materials are hereby deemed "works made for hire" for the City 64 Confidentiality and Release of Information (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City 01247 0005/858857 1 2/14/2023 -13- shall have the right to reunbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response ARTICLE 7 ENFORCEMENT OF AGREEMENT AND TERMINATION 71 California Law This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California Legal actions concerning any dispute, claim or matter ansing out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action In the event of litigation in a U S District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California 72 Disputes, Default In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default Instead, the City may give notice to Consultant of the default and the reasons for the default The notice shall include the timeframe in which Consultant may cure the default This tnmeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement 73 Retention of Funds Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (1) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's 01247 0005/858857 1 2/14/2023 -14- obligation under this Agreement In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herem 74 Waiver Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant Waiver by any parry of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement No delay or omission in the exercise of any right or remedy by a non -defaulting parry on any default shall nmpair such right or remedy or be construed as a waiver Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement 75 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party 76 Legal Action In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or mjunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement Notwithstanding any contrary provision herem, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq and 910 et seq , in order to pursue a legal action under this Agreement 77 Termination Prior to Expiration of Term This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause The City ieserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant In addition, the Consultant may terminate this Contract for cause, upon sixty (60) days' advance written notice to City Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7 3 In the event 01247 0005/858857 1 2/14/2023 -15- the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-temmnatmg parry with the opportunity to cure pursuant to Section 7 2 78 Termination for Default of Consultant If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herem stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated 79 Attorney's Fees If either parry to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment ARTICLE 8 CITY OFFICERS AND EMPLOYEES NON-DISCRIMINATION 8 1 Non -liability of City Officers and Employees No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement 82 Conflict of Interest Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer Consultant agrees to at all tunes avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement 01247 0005/858857 1 2/14/2023 -16- 83 Covenant Against Discrimination Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrunination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class 84 Unauthorized Aliens Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U S C A §§ 1101, et seq , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions unposed, together with any and all costs, including attorney's fees, incurred by City ARTICLE 9 MISCELLANEOUS PROVISIONS 91 Notices Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement Either party may change its address by notifying the other parry of the change of address in writing Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section 92 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply 93 Counterparts This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 01247 0005/858857 1 2/14/2023 -17- 94 Integration, Amendment This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void 95 Severability In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless 96 Warranty & Representation of Non -Collusion No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 10915 Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq ) Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement Consultant is aware of and understands that any such act(s), omission(s) or other 01247 0005/858857 1 2/14/2023 -18- conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of nE effect Consultant's Authrti 97 Corporate The persons executing this Agreement on behalf of the parties hereto warrant that (1) such party is duly organized and existing, (n) they are duly authorized to execute and deliver this Agreement on behalf of said party, (111) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties [SIGNATURES ON FOLLOWING PAGE] 01247 0005/85885712/14/2023 -19- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written Debra Thomas, City Clerk APPROVED AS TO FORM ALESHIRE & WYN , LL42�= Adrian R Guerra, City Attorney CITY City of Grand Terrace, a municipal corporation Konrad Bolowich, City Manager CONSULTANT By Name anyZecutive, zikjlan, P E ENV SP Title Office Vice President By e Peter Mmegar, AICP itle Office Executive, Vice President Address 3536 Concours Street, Suite 100 Ontario, CA 92764 01247 0005/858857 1 2/14/2023 20 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups 1) Chairman of the Board, President or any Vice President, and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY 21 01247 0005/858857 12/14/2023 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document State of California r County of 0&8f� c On �' of\A.Rf'V a3 before me, �'��13 y"61, r)ntP 4ra Incort Nnma nnrl TitIA of thin r)ff r-ar personally appeared I an of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument 4bmy PHILLIP MASTO Notary Public CaliforniaOrange County Commission # 2405086 Comm Expires May 21, 2026 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature i�J4MW—A Signature of Notary Public Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document c (� Title or Type of Document C�\`�� 6T 6r arid+-furaCQ P�x�Qfm£Y� r Ctiefi tc Document Date mmr�, an . a40 Number of Pages al Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney act ❑ Trustee ❑ Gu n or Conservator []Other Signer is Represe g Name TT —Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing ©2019 National Notary Association J tkS CALIFORNIA ALL-PURPOSE ACKNOWL EDGMED57 CAVIL CODE § 1189 A notary public or other officercompleting this certificate verities only the Identity of the individuatwho signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document State of CaliVia -^JAe Countv ofv � On Date _personally appeared v Name f of Signer(ql before Name and Ti?le bfthe Officer who proved to me on the 'basis of satisfactory evidence to be the pep on(s�whose name(a'�is/a�sub abed to the within instrumenta d acknowledged#a that he/s e xecuted the same inhis/Ijerfiir authorized capaeity(re , and that by /hefftkeir slgnature(s on the Instrument the peirson(sor the entity upon behaff of which the persons) Cted, executed the instrument CINTHIA KNOERZER W Notary Public California W Riv@rside County > Commission N 241885:2026 +t Fo•"� My Comm Expires Oct 27, Place Notary Seal and/or Stamp Above I certify under PENALTY OP PERJURY under the laws of the State of California that the foregoing paragraph is ne and correct,, I WITNESS m i hind and affficlk) seat Signature OPTIONAL ,of Notar%Public Glornpleting this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached I Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name El Corporate Officer— Title(s) ❑ Partner — O Limited ❑ General ❑ Individual ❑ Attorney in Pact ❑ Trustee o Guardian of Conservator El Other Signer Is Representing 02017 NationalNotary• • NumberofPages Signer's Name, ❑ Corporate Officer — Title(s)} 13 Partner-- ❑ Limited a Genorai ❑ Individual ❑ Attorney in Fact d Trustee ❑ Guardian of Conservator r] Other Signer is Representing EXHIBIT "A" SCOPE OF SERVICES Hmes ("Applicant") represented by EPD Solutions proposes the construction of 170,672 square foot Light Manufactunng/Assembly building on 8 63-acres, located at (APNs 1167-121-02, -03, -04, -07) a land use development in the City of Grand Terrace (the "Project") Existing uses will be demolished and a Lot Merger will be required The Project site is designated Light Industrial (LI) in the General Plan Land Use Map, and it is zoned Restricted Manufacturing (MR) The Municipal code allows light to medium manufacturing facilities only on the Industrial (M2) zone The proposed Project will be a Light Manufactunng/Assembly facility which is permitted on the MR zoning, however, due to the unknown tenant, a CUP will be required to ensure compliance with the zoning and to restrict the number of trucks stored on site to a total of 18, restrict the number of trips generated by the use, and restrict the hours of operation Consultant will provide environmental review and planning services to the City for the Project, as further described below The Project is anticipated to include, but is not limited to, Environmental Review, Lot Merger, Conditional Use Permit, Site and Architectural Review, Development Agreement, and annexation into the City's landscape and lighting maintenance district Services to be provided by Consultant shall include, but are not limited to, the following XII All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City 01247 0005/858857 1 2/14/2023 A- I PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES C SCOPE OF WORK AND APPROACH PROJECT UNDERSTANDING According to the City's Request for Proposals dated September 8, 2022, the City is seeking a consultant to serve as the Project Planner to carry out the planning review and prepare the environmental assessment for a proposed Assembly Light Manufacturing Building (proposed project) The Assembly Light Manufacturing Building would be ±170,672 square feet, located on four parcels, totaling approximately 8 63-acres, and located at 21801 and 21823 Barton Road (APNs 1167-121-02, -03, -04, -07) The Assembly Light Manufacturing Building would include an assembly area, assembly storage, and office areas As designed, the building will accommodate up to 18 dock doors, and approximately 243 auto parking spaces The existing on -site buildings will be demolished, and it is assumed 50% of the debris will be removed from the site and the remaining will be re -used on -site The project site has a General Plan Land Use designation of Light Industrial (LI) and it is zoned Restricted Manufacturing (MR) The proposed project is a Light Manufacturing/Assembly facility which is permitted on the MR zoning, however, because the tenant is not yet identified, a Conditional Use permit (CUP) will be required to ensure compliance with the zoning and to restrict various site conditions and operations including the number of trucks stored on -site (up to 18), restrict the number of trips generated by the use, and to restrict the hours of operation The proposed project will require the following discretionary approvals 1 Site and Architectural Review for the construction of the proposed Light Manufacturing/Assembly building and proposed improvements, including but not limited to parking, landscape, perimeter fencing, trash enclosure, underground utilities, and street improvements Conditional Use Permit will be required to prevent the use from increasing intensity or from being used in a manner inconsistent with the zoning 3 Lot Merger to consolidate four (4) parcels into one (1) parcel 4 Compliance with the California Environmental Quality Act (CEQA) CEQA APPROACH Our approach to preparing the CEQA document for the proposed project is to first and foremost work collaboratively with the City and Applicant to prepare documentation that satisfies CEQA requirements, assists the City in its decision - making process, and follows an efficient and effective project delivery process To accomplish these objectives, our approach is founded on the following principles ✓ Conduct a technically adequate and defensible environmental analysis ✓ Create a user friendly CEQA document that utilizes a combination of narrative, tables, and exhibits to help the reader understand the environmental consequences of the project ✓ Establish and achieve a milestone/critical path project schedule Michael Baker will prepare an Initial Study/Mitigated Negative Declaration (IS/MND) if the projects potential environmental Impacts can be reduced or avoided with adherence to a mitigation program, refer to Option 1 below In the event that potential environmental impacts cannot be avoided, we propose preparation of an Initial Study to "screen out" the environmental topic areas anticipated to be less than significant in order to focus the overall scope of INTERNATIONAL PAGE12 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES an Environmental Impact Report (EIR) (included as Option 2 below) Completing an Initial Study will make it so that only environmental topical areas that could result in significant and unavoidable impacts are carried Into the EIR, in the event that Impacts related to this topic area cannot be reduced to less than significant as part of the project's Initial Study The conclusions of the IS/MMD or Initial Study & EIR will be supported by Michael Baker -prepared technical studies related to Traffic, Air Quality, Greenhouse Gas, Energy, Health Risk Assessment, Noise, Biology, Cultural and Tribal Cultural Resources, Hazardous Assessment, Geotechnical Investigation, and Hydrology Task 1 Project Initiation and Work Program Refinement Task 11 Project Kick Off Meeting Michael Baker will conduct an initial project kickoff meeting with the City and project applicant to obtain agreement on the basic project elements and review the proposed project, goals and strategies, refine project scope and working objectives, identify available data, and verify that deliverables are consistent with the project timeline Michael Baker will review relevant available information related to the project and conduct one (1) site visit Once the kickoff meeting has occurred, Michael Baker will make any necessary modifications to the proposed scope of work and/or schedule and provide a revised work program to the City Task 12 Data Collection, Research, Evaluation Michael Baker will obtain and review available referenced data for the project, including planning and policy documentation from the City, as well as other local, State, and Federal agencies that may be affected by the project This information will be used as the basis for review of the project to determine consistency with applicable plans and policies Michael Baker will provide a request to the City for any project related materials, plan sets, and environmental documentation Michael Baker's staff is experienced in the collection of materials needed to review a Project and as such the Project Team will familiarize themselves with the City's 2010 General Plan, Municipal Code, Measure I, and other local, State and Federal regulations and project related materials provided by the City Deliverables • Kickoff Meeting with Meeting Agenda and Meeting Minutes in PDF format • Schedule and work program, including one round of revisions in PDF format • Data Request Memorandum in PDF format Task 2 Staff Augmentation Task 21 Planning Entitlement Review We build flexibility into our contract staffing work programs to better respond to what sometimes can be a fluctuating workload, resulting in cost savings to our clients Michael Bakers approach to assisting the City of Grand Terrace is to work in close cooperation with the City as a seamless extension of your own staff Our planners bring significant experience to their work, but we are of course cognizant of our role and the need to implement the policy direction given by the City's elected officials and the procedures developed by internal departments Michael Baker will provide entitlement processing/entitlement management services to the City Case Manager, David Christie, AICP will serve as an extension of City staff and maintain an open dialogue with staff and the Applicant to manage the analysis and applications progress David will serve as the primary point of contact for the Applicant and will liaise appropriately between the Applicant and City staff Additionally, David is available to work directly with City staff in -office INTERNATIONAL PAGE13 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES Michael Baker will review Applicant's project applications (CUP, SA, LUM) for completeness and consistency with the City's Municipal Code Requirements, Including requirements for development standards This task will be initiated by circulating the project application package to internal staff/departments and agencies for 14-day review period A copy of written comments and a project completeness determination will be provided to the Applicant within 30-days This task assumes Michael Baker will conduct a second project review upon applicant's resubmittal and that applicant will have addressed all prior comments Additional reviews will be provided with the City's authorization on a Time and Materials basis Deliverables • Comment letter (first submittal) and Comment letter (second submittal) in PDF format Task 2 2 Staff Reports and Hearings Michael Baker's case planner, David Christie, AICP, will attend up to five (5) meetings/hearings, including the public scoping meeting, tribal consultation meeting, Planning Commission meeting, and City Council meeting as determined by the City The project planner will attend these meetings to provide overview and responses to environmental/technical questions regarding the project entitlement documents Once the Project is deemed complete and ready for Planning Review, a Planning Commission Meeting will be scheduled Michael Baker will prepare the Staff Report including resolution(s) and a PowerPoint presentation Michael Baker will prepare and assist the City with notifications, mailings, and one (1) Public Hearing Notice Dehverables • Attendance at five (5) meetings/hearings • Two (2) rounds of public hearing notices, one (1) for Planning Commission and one (1) for City Council • One (1) set of project materials for the Planning Commission public hearing to include the Resolution, Ordinance, Staff Report, and Presentation • One (1) set of project materials for the City Council public hearing to include the Resolution, Ordinance, Staff Report, and Presentation Task 2 3 AB 52 Support Michael Baker will assist the City with meeting Native American consultation requirements pursuant to Assembly Bill (AB) 52 In coordination with the City, we will prepare the draft consultation letters to tribes that have requested AB52 notification and will maintain a consultation tracking log However, because consultation is required to be government - to -government, pursuant to State law, we assume the City will send the consultation letters, complete the AB52 consultation, and provide supporting documentation (ex letters, emails, phone conversation summaries) for inclusion in the environmental document Deliverables • Draft tribal consultation notification letters in PDF format Consultation tracking log in PDF format Task 2 4 Planning Review, Project Management, Meetings Once the project has been initiated, Michael Baker will hold bi-weekly meetings with the City and the applicant's team to stay abreast of the Project schedule In addition, the Michael Baker team will hold conference calls as necessary at the request of the City to discuss progress of the review, identify an outstanding issues and to review and refine of any pending deliverables This task includes periodic and routine check -in calls with the City and Applicant on the project, INTERNATIONAL PAGE14 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES email communications with City and Applicant, coordination with the project team, City and Applicant, and overall project management and administration including monthly invoicing and progress reports Deliverables Biweekly progress meeting/call with the City, and follow-up email summary of project progress in PDF format Weekly progress schedule, monthly invoices and ongoing project communication in PDF format Task 3 Preparation of Technical Studies As directed in the RFP dated September 8, 2022, and as updated during communication with the City, Michael Baker will prepare technical studies related to Traffic and Hydrology/Water Quality Management Plan Task 31 Traffic Study Scoping Agreement & Trip Generation Analysis Michael Baker will coordinate the scope of the traffic analysis (vehicle miles traveled (VMT) and level of service) with City staff responsible for reviewing the Traffic Impact Analysis (TIA) The evaluation will be prepared consistent with the City of Grand Terrace Traffic Impact Analysis Guidelines The latest version of the guidelines at the time of study initiation will be utilized Specifically, Michael Baker will prepare a brief memorandum discussing the following details • Trip generation estimates for the daily, AM and PM peak hour analysis periods, • Appropriate distribution of project -related trips, • VMT screening analysis, • Site access/on-site traffic circulation issues to be addressed, • Confirmation of project study area (study intersections), and • Confirmation of study conditions to be analyzed Michael Baker will prepare trip generation estimates using trip generation rates contained in Trip Generation (Institute of Transportation Engineers, 11th Edition) Traffic counts will be conducted at the site to determine the existing entering and exiting vehicle trips that are generated by the current uses These existing trips will be utilized in the trip generation analysis as trip credits Distribution of the estimated trips will be documented for use in determining which intersections are anticipated to meet the 50-trip threshold for determination of study intersections Based on an initial review of the study locations, up to six (6) off -site study intersections, two (2) site driveway intersections, and one roadway segment have been assumed for the purposes of this scope and fee The trip generation analysis and existing traffic counts will be required to confirm the number of study locations The VMT screening criteria including Step 1 (Transit Priority Area), Step 2 (Low VMT Area), and Step 3 (Project Type) will be evaluated Based on an initial review of the SBCTA VMT Screening Tool, it is anticipated that the project will not screen out based on Step 1 and Step 2 The trip generation analysis will be required to determine if the Project will screen out based on the Step 3 (Project Type), specifically the 110 daily trip -threshold A full VMT assessment and calculation may be required depending on the results of the trip generation and screening analysis Two electronic versions of the scoping agreement are assumed (one draft and one final) to address City comments Level of Service Analysis A level of service analysis will evaluate the proposed project by analyzing the project -related traffic on the study area roadway/intersection circulation system If necessary, transportation improvements will be identified I N T E R N A T 1 0 N A L PAGE15 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES Data Collection The development of the Existing condition traffic volumes will Involve collecting new counts Michael Baker will utilize a contractor to collect existing traffic count volumes at up to six (6) off -site study intersections Intersection data will be collected during the typical weekday AM Peak period (7 AM to 9 AM) and the weekday PM Peak period (4 PM to 6 PM) Additionally, volume data will be collected on Barton Road near the site for 24 hours during a typical weekday Data will be collected for 2-axle, 3-axle, and 4+ axle vehicle classification for use in converting volumes to passenger car equivalent (PCEs) Study Scenanos Up to five (5) analysis scenarios will be evaluated as part of this traffic study as follows 1) Existing Conditions 2) Opening Year Without Project 3) Opening Year With Project 4) Horizon Year Without Project 5) Horizon Year With Project Analysis Hours Two (2) analysis hours are anticipated (1) Weekday AM Peak and (2) Weekday PM Peak Traffic Volume Forecasts Forecasts will include approved and pending projects in the study area and a background growth percentage It is assumed that City staff will provide a list of approved or pending projects In the event that background growth rate cannot be obtained from previous studies or from the City, Michael Baker will conduct travel demand modeling under a separate scope and fee Operations Analysis The traffic operations analysis to assess conditions at the study intersections will be conducted using the Highway Capacity Manual (HCM) analysis methodology Michael Baker anticipates the use of Synchro software as an interface to calculate the HCM delay and level of service (LOS) If the analysis indicates the proposed project will significantly affect a study intersection based on applicable agency LOS thresholds, improvements will be recommended to improve the LOS to an acceptable level The analysis will document forecast operating conditions after implementation of recommended improvements, if necessary Active Transportation & Public Transit Analysis Michael Baker will evaluate any bicycle, pedestrian, or transit conflicts relative to the project and existing/plan facilities This includes documenting any planned bicycle and pedestrian facilities included in the site plan development If needed, Michael Baker will recommend bicycle and pedestrian improvements Repor6nq and Documentation The findings of the traffic analysis will be summarized in a TIA report This scope of work includes a total of two electronic submittals of the traffic study to the City of Grand Terrace (one draft report for City review and one final report with City comments addressed) VMT Analysis Michael Baker will prepare a VMT analysis to support the CEQA transportation metric consistent with the City Guidelines if the project does not screen out of a VMT calculation This analysis would be conducted upon approval of the VMT scoping agreement and notice to proceed from the client Michael Baker has the in-house expertise to conduct INTERNATIONAL PAGE16 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES this analysis with RIVTAM/RIVCOM travel demand modeling support provided by Translutions, Inc Prior to Translutions, Inc running the model, Michael Baker will confirm the model input assumptions based on the land use type Consistent with the City Guidelines, Michael Baker will evaluate the project -generated VMT and the project effect on VMT Mitigation measures will be evaluated should the project be determined to have a VMT impact A VMT Assessment memorandum will be prepared to document the findings of the VMT calculation Two versions of a VMT Assessment memorandum are assumed (one draft and one final) to address City comments Dehverables • One (1) draft Traffic Impact Report in MS Word • One (1) final Traffic Impact Report in PDF format Task 3 2 Hydrology Analysis 1 Water Quality Management Plan Michael Baker will complete a hydrologic analysis for an existing and proposed condition onsite and account for any offsite areas tributary to the project improvements Aerial topography from Google Earth, land use information from the City of Grand Terrace General Plan, proposed land use, and the proposed grading plan will be used to determine drainage area imperviousness The Michael Baker team will then develop a hydrologic model of the drainage area based on procedures and guidelines outlined in the San Bernardino County Hydrology Manual, which will be used to ensure the design of the proposed building and surrounding parking and landscape areas are designed adequately The 2-year, 10-year, and 100-year storm events will be computed, and the 100-year storm event will be used as the design storm event Michael Baker will perform a hydraulic analysis utilizing Bentley's Flowmasterto design any drainages ditches or similar systems to convey flows around the proposed improvements Michael Baker will also provide recommendations for appropriate erosion protection for the proposed improvements if required Michael Baker will design basin(s) according to San Bernardino County's Detention Basin Policy to mitigate such that the post -development flow is equal to or less than 90% of pre -development flow These basin(s) will also address hydromodification discussed in the preliminary WQMP detailed in Task 4 Basin(s) may take the form of underground storage vaults After reviewing the existing site topography completed for the project site and utilizing Google Earth, it appears there is no existing storm drain on Barton Road Therefore, basin discharges will be required to be pumped onto the existing adjacent streets Michael Baker will perform calculations to ensure the adjacent streets have capacity to convey the discharges and make recommendations where roadway drainage design will be required Michael Baker will summarize the drainage findings of the analysis in a drainage report, which will serve as basis of design of the final engineering design and associated technical analysis to support the drainage facility design The report will include the backup data regarding hydrology, final hydraulics, existing facility/infrastructure data, design criteria, specific design requirements, design constraints, assumptions, tables, and all engineering calculations or analysis This task will also account for graphics including report figures, exhibits, watershed maps, etc This task includes time for a draft report, two (2) rounds of comments, and a final report Water Quality Management Plan (WQMP) A preliminary and final WQMP will be developed for the project using the approved template and will include source control, site design, and post -construction BMPs applicable to reduce and/or eliminate the discharge of pollutants from the completed project into the storm drain system or receiving waters This task includes a preliminary WQMP, two (2) rounds of comments, and a final WQMP The objectives of the preliminary WQMP are to INTERNATIONAL PAGE17 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES 1QXW Now 1) Provide a project description and site characterization Including preparation of a site plan and vicinity map 2) Identify the Pollutants and Hydrologic Conditions of Concern related to the project, project site and existing site (if required) 3) Site Design BMP concepts 4) Source Control BMPs 5) Project -specific Treatment Control BMPs and where feasible LID/Site Design BMPs which address the Treatment Control BMP requirement BMP information shall include basis for selection, sizing, calculations, and incorporation of LID/Site Design and/or Treatment Control BMPs (where used, a watershed or regional BMP program must be identified) 6) An operation and maintenance requirements program, including responsible entities, for BMPs 7) Proposed funding source for operations and maintenance of BMPs Where a public agency is identified as the funding source and responsible party for BMPs, a written agreement that states acceptance of these responsibilities by the public agency must be provided 8) Sizing of the various permanent BMPs will be provided Assumptions • Infiltration rates for proposed basin locations must be known prior to beginning work • Industrial General Permit (IGP) does not apply to this project site • The following deliverables and tasks are not included in this scope of work 1 Construction documents 2 Geotechnical investigation is not included under this scope 3 Environmental permitting 4 Aerial topography 5 Stormwater Pollution Prevention Plan (SWPPP) 6 Erosion Control Plan (ECP) Deliverables ■ One (1) draft Drainage Report submitted in PDF format ■ One (1) final Drainage Report in PDF format ■ One (1) preliminary WQMP in PDF format ■ One (1) final WQMP in PDF format Task 4 Initial Study & Mitigated Negative Declaration Task 41 Administrative Draft Initial Study Using the City's latest CEQA Initial Study Checklist format, Michael Baker will prepare an Administrative Draft IS/MND 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) In accordance with Appendix G of the CEQA Guidelines, this section will include a detailed review of the following resource topics 1111,7#! I'��! INTERNATIONAL PAGE18 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES • Aesthetics • Agriculture and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Energy • Geology/Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology/Water Quality • Land Use/Planning • Mineral Resources • Noise • Population/Housing • Public Services • Recreation • Transportation • Tribal Cultural Resources' • Utilities/Service Systems • Wildfire Michael Baker will submit the Administrative Draft IS/MND to the City for review and comment In the event that the Administrative Draft IS/MND results in a finding that the project will result in a significant impact that cannot be mitigated, Michael Baker will work with the City to develop the appropriate CEQA approach, and move into Option 2 as outlined below Deliverables • Administrative Draft IS/MND in Microsoft Word and PDF format Task 4 2 Screencheck Draft Initial Study After receiving the City's comments on the Administrative Draft IS/MND and making the appropriate changes, Michael Baker will prepare a proof -check version of the IS/MND for the City's consideration We assume that the proof -check version will adequately address any substantive comments which the City had and that the City's comments on the proof -check version will be limited to edits and clarifications of final points Michael Baker will address such final edits/clarifications and prepare a final version of the IS/MND for public review Deliverables • Electronic copy of the Screencheck Draft IS/MND prepared in Microsoft Word and PDF format and Exhibits Task 4 3 Public Draft Initial Study Michael Baker will prepare a public draft version of the IS/MND for public review and circulation We will provide an electronic copy (pdf format) of the IS/MND to the City to post on their website during the 30-day public review period Deliverables • Electronic copy of the Public Draft IS/MND prepared in PDF format and Exhibits • Five (5) hardcopies of the Public Draft IS/MND with Appendices on digital devise Task 4 4 Final Initial Study Responses to Comments Michael Baker will respond to environmental comments received on the Draft IS/MND during the public review period Michael Baker will prepare thorough, reasoned, and sensitive responses to relevant environmental issues The Draft Responses to Comments will be prepared for review by City Staff and submitted electronically Michael Baker will submit an electronic "proofcheck copy" of the revised Responses to Comments, which will incorporate one complete set of comments received from the City It is assumed that substantive comments will be 1 With respect to tribal cultural resources Michael Baker assumes that the City will conduct the noticing and consultation as required by Assembly Bill 52 (AB 52) and will provide the timelines consultation outcomes and any resulting mitigation measures to Michael Baker for incorporation into the IS/MND VON PAGE19 INTERNATIONAL PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES received as part of the Initial review and any additional comments to the proofcheck document will be minimal Upon receipt of comments on the Proofcheck Draft, Michael Baker will prepare the Final Responses to Comments It is noted that the extent of public and agency comments resulting from the review process is currently unknown We have conservatively budgeted this task based upon our understanding of the project and assume only minor supplemental technical support may be necessary Should the level of comments exceed our estimate or require more substantial technical analysis, Michael Baker will advise the City and submit an additional funding request Mitigation Monitoring and Reporting Program Michael Baker will prepare a Mitigation Monitoring and Reporting Program (MMRP), which will provide a basis for monitoring identified mitigation measures during and upon project implementation The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the MMRP for the proposed project The Checklist indicates the mitigation measure number as outlined in the Initial Study, a list of Mitigation Measures/Conditions of Approval (in chronological order under the appropriate topic), the Monitoring Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc ), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks Completion of the Final IS/MND If necessary, Michael Baker will prepare an Errata to the Public Review Draft document for City review and approval The Errata will be a stand-alone document identifying any revised text in strikethrough and underline, as necessary to address comments received on the Public Review Draft document The Final IS/MND will be comprised of the Responses to Comments, Errata, and MMRP Deliverables • Electronic copy of the Final IS/MND prepared in Microsoft Word and PDF format and Exhibits Task 4 5 CEQA Notices Michael Baker will prepare for the City the project CEQA Notices, as outlined below The Notices will be distributed via certified mail to the State Clearinghouse and all responsible, trustee, and interested agencies, community groups, and individuals All distribution will be based upon a City -provided distribution list This scope assumes that the City will be responsible for distributing any required radius mailing or newspaper notices • Notice of Ava►lab►litulNotice of Intent (NOA/N01) - Michael Baker will prepare the NOA/N01 for the project to initiate the 20-day public review period This scope includes distribution of the NOA/N01 to 25 recipients • Notice of Completion (NOC) - Michael Baker will prepare the NOC for submittal to the State Clearinghouse at the onset of the 20-day NOA/N01 public review period The NOC will be filed electronically on the State Clearinghouse CEQANet website • Notice of Determination (NOD) - Michael Baker will prepare the NOD to be filed with the County Clerk and State Clearinghouse within five (5) days after deciding to carry out or approve the project This scope excludes payment of California Department of Fish and Wildlife (CDFW) and County Clerk processing fees This scope also assumes that the City will file the NOD with the County Clerk Deliverables • Electronic Copy of the NOA/N01 in Microsoft Word or PDF Format • 25 Hard copies of the NOA/N01 distributed via certified mail (I e , FedEx) • Electronic Copy of the NOC in Microsoft Word or PDF Format • Electronic Copy of the NOD in PDF Format INTERNATIONAL PAGE20 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES Task 4 5 CEQA Management, Meetings, and Hearings Environmental Management Michael Baker's project manager, Elizabeth Meyerhoff, 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 30 hours of project management time for this effort Coordination Meetings Michael Baker's project manager will develop a regular meeting schedule with City staff and the applicant team to coordinate on project status and action items throughout the project It is assumed that these check -in meetings will be conducted via conference call or Microsoft Teams, which allows us to share our computer screen with participants to collaboratively review documents It is expected that these meetings will occur monthly, with more frequent calls necessary during project ramp -up and critical review and comment cycles Michael Baker assumes coordination meetings would be conducted on a time and materials basis Public Hearings Michael Bakers project manager and team will be available for project hearing support on an as -needed time and materials basis For the purpose of this scope, it is assumed that the project manager or a team member will attend up to two (2) public hearing for the CEQA document The project manager will attend these meetings to provide overview and responses to environmental/technical questions regarding the environmental documentation materials Deliverables • Draft Presentation in Microsoft PowerPoint Format, Final Presentation in Microsoft PowerPoint Format, Meeting Materials (Sign -in Sheet and Comment Cards), Meeting Minutes in PDF Format 0 tlon 2 Initial Study & Environmental Impact,Report w b. Task 4 Initial Study & Environmental Impact Report Task 41 Administrative Draft Initial Study Using the City's latest CEQA Initial Study Checklist format, Michael Baker will prepare an Administrative Draft Initial Study for review by the City The purpose of the Initial Study would be to rule out the environmental topic areas from consideration in the EIR and focusing the EIR on potential impacts The Initial Study 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 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 INTERNATIONAL PAGE21 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES Deliverables • Administrative Draft Initial Study in Microsoft Word and PDF Format Task 4 2 Administrative Draft EIR Michael Baker will prepare an Administrative Draft EIR for review by City staff The EIR 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), mitigation measures, and 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 CEQA, the most recent Guidelines for the Implementation of CEQA, applicable CEQA case law, and City guidelines Similar to our preparation of the Initial Study, our approach is to prepare a reader -friendly EIR that clearly explains why impacts are deemed less than significant, less than significant with mitigation, or significant and unavoidable To accomplish this, we will use a combination of narrative, figures, photographs, maps, tables, and other visual aids The major chapters and areas of concern to be addressed in the EIR are outlined below Executive Summary The executive summary will include a summary description of the proposed project and project alternatives as well as a table showing the complete text of mitigation measures identified in the EIR Areas of controversy and issues to be resolved will also be discussed as part of this section /ntroduction The introduction will identify the type and purpose of the EIR, the scope of the EIR, effects found not to be significant, and the definition of baseline and significance criteria Project background and history will be discussed, and terms used throughout the analysis will be defined An overview of the project and the CEQA process will also be included Pro/ectDescription This project description will be consistent with the requirements of State CEQA Guidelines Section 15124 The chapter will consist of a detailed description of the proposed project, including construction and operational activities The project description will clearly describe the location of the project, study area characteristics (e g , surrounding land uses), project objectives, and project characteristics Intended uses of the EIR will be included, as well as a list of required permits and approvals Other agencies using the EIR and consultation requirements will be identified Figures including the project's regional location and a site plan depicting proposed uses will be prepared Enwironmenta/Setting, Impacts, and Mitigation Measures This is the focal chapter of the EIR and will include separate sections for each environmental topic area, as well as a discussion of assumptions developed in consultation with the City This chapter will also include a list of projects or growth projections developed in consultation with the City that will be the foundation of the cumulative impact analysis in each section Each section in this chapter will be formatted so that the impact statements and corresponding mitigation measures will stand out from the text for clarity and ease of reference Findings will be made as to the level of significance of each impact after mitigation Each environmental section will consist of the following components • Description of the baseline environmental setting • Description of regulatory setting, including applicable local, state, and federal laws, regulations, and policies • Identification of the applicable standards of significance • Description of the methodology used for conducting the analysis • Identification and discussion of direct, indirect, and cumulative impacts associated with project implementation • Mitigation measures, including timing and enforcement responsibility INTERNATIONAL PAGE22 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES Michael Baker anticipates using the most recent CEQA Appendix G Checklist, which requires an analysis of the following topic areas • Aesthetics • Agricultural Resources • Air Quality • Biological Resources • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation • Tribal Cultural Resources • Utilities and Service Systems • Wildfire Effects Determined Not to Be Si niq ficant To satisfy CEQA requirements (CEQA Guidelines Section 15128), the EIR will briefly discuss these topics in a section titled Effects Determined Not to Be Significant, largely based on the content in the Initial Study Alternatives Michael Baker will prepare a separate chapter in which we will discuss alternatives and identify alternatives considered and eliminated from further consideration, as well as alternatives selected for more detailed analysis Pursuant to CEQA Guidelines Section 15126 6, we will prepare an analysis of a "reasonable range" of alternatives Michael Baker will coordinate with City staff and the project applicant, as appropriate, in the development of feasible alternatives to the proposed project, in addition to the CEQA required No Project Alternative The analysis will focus on alternatives that avoid or minimize environmental effects as compared to the proposed project while achieving the project's primary objectives Therefore, the objectives contained in the project description must be crafted with care in consultation with the City and the applicant Other CEOA Requirements The EIR will include the other required chapters, including growth -inducing impacts of the project, and a summary of the project's significant and unavoidable impacts Report Preparers and References This chapter will identify the authors of the report, including City staff, technical report authors, and the Michael Baker team It will also include references to all persons, agencies, and resource documents and correspondence used in preparation of the EIR Appendices The appendices will include a copy of the NOP and comments on the NOP All technical reports will also be included as appendices to the EIR Michael Baker will submit the Administrative Draft EIR to the City for review and comment Michael Baker assumes that the City will provide one compiled set of comments on the Administrative Draft EIR in Microsoft Word Track Changes De/iverab/es • Administrative Draft EIR in Microsoft Word Format • Three (3) Printed Copies of the Administrative Draft EIR Task 4 3 Screencheck EIR Once Michael Baker has received a complete, single set of consolidated comments from the City on the Administrative Draft EIR, Michael Baker will note substantive comments for discussion The project manager will then meet with City staff to discuss any substantive comments on the administrative draft Michael Baker will then revise the document in track changes for review by the City After the City has approved the changes, Michael Baker will complete final INTERNATIONAL PAGE23 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES formatting of the EIR and submit a screencheck draft of the EIR for approval to release for public review Once approved, Michael Baker will submit up to eleven printed copies of the Draft EIR to the City, with technical appendices to be provided electronically on CD or USB drive In addition, Michael Baker will provide the Draft EIR to the City electronically, in both printable and web -friendly formats Deliverable • Screencheck Draft EIR in Microsoft Word Format Task 4 4 Public Review Draft EIR After the City has approved the Screencheck-d raft changes, Michael Baker will complete final formatting of the EIR and submit the Public Review Draft EIR to the City and initiate the 45-day public review period Deliverable • Public Review Draft EIR in Word and PDF Format Task 4 5 Final EIR Following completion of the public review period of the Public Draft EIR, Michael Baker will prepare a Final EIR, which will include a summary of the revisions to the EIR as errata [as required by CEQA], Responses to Comments, and the Mitigation Monitoring and Reporting Program (MMRP) Task 4 51 Responses to Comments Following completion of the public review period on the draft EIR, Michael Baker will prepare responses to all environmental -based comments received on the draft EIR An administrative draft version of the response to comments will be submitted to the City for review As with the Administrative Draft EIR, Michael Baker's project manager may attend a meeting with City staff to discuss substantive comments on the administrative version of the response to comments Since it is infeasible to estimate the number of comments on the Draft EIR, Michael Baker has preliminarily estimated 120 hours of staff time for the response to comments Deliverables • Draft Response to Comments in Word Format Task 4 5 2 Errata Any changes to the text of the EIR will be summarized in an errata section of the Final EIR Michael Baker will identify the revisions to the Draft EIR in a strikeout/underline format Debverables • Draft Errata in Word Format Task 4 5 3 Mitigation Monitoring and Reportinq Program Michael Baker will prepare an MMRP for the project pursuant to Section 15097 of the CEQA Guidelines Michael Baker will submit an administrative version of the MMRP to the City for review and comment We will make all appropriate revisions and submit a draft iteration of the MMRP to the City for final approval Upon City approval, Michael Baker will incorporate the MMRP into the final EIR Deliverables • Draft & Final Mitigation Monitoring and Reporting Program in Microsoft Word Format INTERNATIONAL PAGE24 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES Task 4 5 4 Final EIR An administrative draft of the Final EIR will be submitted to the City for review Michael Baker will make all appropriate revisions and submit a screencheck iteration of the response to comments to the City for final approval Upon City approval, Michael Baker will distribute the responses to comments to all commenting agencies and will incorporate the responses into the Final EIR Michael Baker will provide an electronic submittal of the administrative draft Final EIR, including response to comments and errata changes to the Draft EIR Deliverables • Compiled Final EIR Document in PDF Format • Three (3) Printed Copies of the Final EIR with Appendices on CD/USB Drive Task 4 6 CEQA Notices Notice of Preparation To initiate the EIR preparation process, Michael Baker will prepare a Notice of Preparation (NOP) that identifies the potentially significant effects of the project that will require further analysis in the EIR The list of potentially significant impacts, as well as impacts where there is anticipated to be little to no impact, will be determined by the findings in the Initial Study An electronic version of the draft NOP will be submitted to the City for review and comment Michael Baker will incorporate comments and revisions into the NOP prior to distribution The distribution process will include the following steps Michael Baker will distribute the NOP to agencies via Fed Ex and residents that have requested notices via first-class mail Up to 50 notices will be distributed Michael Baker will provide a version of the NOP suitable for newspaper publishing and will be responsible for publishing the notice with the newspaper Michael Baker will submit the NOP and Initial Study to the State Clearinghouse with a Notice of Completion form Notice of Completion / Notice of Availability This task includes uploading the project's Notice of Completion (NOC) and Draft EIR to the State Clearinghouse CEQANet website In addition, Michael Baker will distribute the Notice of Availably (NOA) to the City -approved distribution list Michael Baker assumes a maximum of 50 copies of the NOA will be distributed, and that the City will complete any required radius mailing for the NOA and will file the NOA with the with the County Clerk Notice of Determination Michael Baker will prepare a Notice of Determination in accordance with CEQA Guidelines Section 15094 for the City to file with the County Clerk We recommend that the City file the Notice of Determination with the County Clerk within five (5) days of adopting the EIR to establish a 30-day statute of limitations Michael Baker will upload the NOD onto the State Clearinghouse CEQANet website This scope of work assumes City would provide the applicable California Department of Fish and Wildlife fee upon filing the NOD with the County Clerk Deliverables Notice of Preparation in PDF Format and up to 50 hard copies Notice of Completion and Notice of Availability in PDF Format and up to 50 hard copies Notice of Determination in PDF Format INTERNATIONAL PAGE25 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES Task 4 7 CEQA Management, Meetings, and Hearings Task 4 71 Environmental Management Michael Baker's project manager, Elizabeth Meyerhoff, will work closely with City staff throughout the development of the CEQA document 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, administrative tasks, and providing quality control review of all completed work products Michael Baker has allocated 50 hours of protect management time for this effort Task 4 7 2 Coordination Meetings Michael Baker's project manager will develop a regular meeting schedule with City staff and the applicant team to coordinate on project status and action items throughout the project It is assumed that these check -in meetings will be conducted via conference call or Microsoft Teams, which allows us to share our computer screen with participants to collaboratively review documents It is expected that these meetings will occur monthly, with more frequent calls necessary during project ramp -up and critical review and comment cycles Michael Baker assumes coordination meetings would be conducted on a time and materials basis with an initial budget of 20 hours Task 4 7 3 Public Scoping Meeting If requested by the City, Michael Baker will assist the City in conducting a scoping meeting during the 30-day NOP public review period Michael Baker will facilitate the public meeting, including intake of public comments on the project We will provide a draft and final presentation, as well as comment sheets, sign -in sheets, and speaker cards Michael Baker will summarize the comments received during the meeting for agency consideration and documentation in the EIR Task 4 7 4 Public Hearings Michael Baker's project manager and team will be available for project hearing support on an as -needed time and materials basis For the purpose of this scope, it is assumed that the project manager or a team member will attend up to two (2) public hearing for the CEQA document, with an initial budget of 20 hours The project manager will attend these meetings to provide overview and responses to environmental/technical questions regarding the environmental documentation materials Deliverables • Draft Presentation in Microsoft PowerPoint Format for the Public Scoping Meeting • Final Presentation in Microsoft PowerPoint Format for the Public Scoping Meeting • Public Scoping Meeting Materials (Sign -in Sheet and Comment Cards), • Public Scoping Meeting Minutes in PDF Format Task 5 CEQA Adequacy Review of Applicant's Technical Studies As requested by the City, Michael Baker will review the Applicant -prepared technical studies listed below The technical studies will be reviewed for soundness and sufficiency, with special consideration of the following Conclusions and recommendations should generally be well supported by facts, observation, analysis or explanation, and reports should be internally consistent Facts including observations regarding site conditions will generally be accepted as accurate The analysis should address both the extent of the project (footprint) as well as the planned activities associated with the project (construction and operation) 1/ e INTERNATIONAL PAGE 26 PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES ✓ To ensure CEQA processes and requirements are being met, Including but not limited to, Senate BIII 18 (SB18) and Assembly BIII 52 (AB52) requirements for cultural and tribal cultural resources The results of the CEQA Adequacy Review will be provided in a memorandum letter to City Staff and submitted in electronic format A brief second review will be conducted (if required) to confirm comments have been addressed This is assumed to be a minor, second check Additional, detailed review and coordination regarding technical reports is outside this scope of work This scope of work excludes computer modeling to verify results The following technical reports will be reviewed 1 CaIEEMod Emission Summary 2 Health Risk Assessment 3 Noise and Vibration Report 4 Cultural Report 5 Cultural Report Confidential Appendices 6 Historical Resources Assessment 7 Paleontological Assessment 8 General Biological Assessment 9 Phase I Environmental Site Assessment, and 10 Geotechnical Investigation Deliverable • CEQA Adequacy Review Memorandum providing written comment & recommendations on the report content and validity of the studies including the need for additional data or technical studies (as necessary) - INTERNATIONAL PAGE 27 EXHIBIT "B" SPECIAL REQUIREMENTS (Supersedins Contract Boilerplate) None 01247 0005/858857 1 2/14/2023 B-1 EXHIBIT "C" SCHEDULE OF COMPENSATION Consultant shall perform the following Services at the budged amounts included on the cost estimate provided on Exhibit 11C-1 " II A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services HI Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2 1, unless Additional Services are approved per Section 19 IV The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include A Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate B Line items for all materials and equipment properly charged to the Services C Line items for all other approved reimbursable expenses claimed, with supporting documentation D Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services V The total compensation for the Services shall not exceed Three Hundred and Forty Six Thousand, Seven Hundred and Seventy Two Dollars and No Cents ($346,772 00), as provided in Section 2 1 of this Agreement VI The Consultant's billing rates for all personnel are attached as Exhibit C-1. 01247 0005/858857 1 2/14/2023 C-1 CD PLANNING A14D ENVIRONMENTAL CONSULTANT SERVICES Option Study Mitigated a TASK,DFSCWT,ION1 Task 1: Project Initiation,"Work Program Task 1 1 Project Kickoff Meeting Staff Project Position and Billing Rate 1Env. Manl Project ager Managerlif 8 8 { Env. Env 1 Technical 1 , 1 4 Total 20 Sub S2 928 Task 1 Z Data Collection Research Evaluation 8 8 8 24 S3 568 Jask 2: Staff Augmentation Task 21 Planning Entitlement Revievr 4 8 40 8 60 S8 932 Task 22 Staff Reports and Hearings 2 40 8 16 66 S8 326 Task 2 3 AB 52 Support 2 6 2 12 S1 602 Task 2 4 Planning Review Project Management, Meetings PrLparation 2 8 80 12 iD2 $i4 334 of MStudies Task 3 1 Traffic Study 20 2 2 80 8D 22 2 208 $34 402 Task 3.2 WQMPIHydrology Analysis InitialTask 4. . 1 Negative Task 41 Administrative Draft Initial Study 4 16 2 8 2 20 90 40 9D 4D 90 8 8 296 120 $45 130 $18 388 Task 42. Screencheck Draft Initial Study 2 4 10 16 20 4 56 58542 Task 4 3 Public Review Draft Initial Study 2 4 2 20 4 32 S4 894 Task 4 4 Final Initial Study/Miligated Negative Declaration 2 4 20 4 30 S4 634 Task 4 4 CEQA Notices 2 8 4 14 $1 966 Task 4 5 CEQA Management Meetings and Hearings Task 5: CEQA Adequacy Review Of Tecft Studies 30 30 S5 730 Task 51 CaIEEtdod Emission Summary 4 32 36 57 244 Task 5 2 Health Risk Assessment 4 2 18 24 S4 448 Task 5 3 Noise and Vibration Report 2 2 20 24 S4 208 Task 5 4 Cultural Report 2 2 S4200 S4 582 Task 5.5 Cultural Report Confidential Appendices 0 SO Task 5 6 Historical Resources Assessment 1 1 $191 Task 5 7 Paleontological Assessment 1 1 $191 Task 5 8 General Biological Assessment 10 2 12 1 $2 632 Task 5 9 Phase I Environmental Site Assessment 12 2 14 S3 082 Task 510 Geotechnical Investigation 2 2 S5200 S5 582 Other Direct Costs $14 500 Subconsultants S9,400 Total Hours 38 46 130 220 262 286 112 56 1072 Percent of Total labor (Hours) 4% 4% 1 12% 1 21% 1 24% 1 27% 10% 5% TOTAL COST I I I I i i $210 036 ,M INTERNATIONAL PAGE29 M 0 N A 0 0 0 cn cn M N A N O PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES 11 1 f If t TASK DESCRIPTIONHoursr Task 11 Project IGckoft hteetin Staff Project Director Position I aI Billing Rate Senior I ProjectAnalyst I 1 8 8 Analyst Anai�st 1 Editing, I ITotal 1 4 � Cost 52 928 Task 12 Data Collection Research Evaluation 8 8 8 24 53568 Task 21 PlanningEntitlement Revrew 4 8 52 S7 628 Task 22 Staff Reports and Heann s 2 16 66 SB 326 Tao& 23 AB 52 S 2 �V_�j7_ 2 12 51602 Task 2 4 Plannm Review ect Mana emen Meek 2 8 102 S14 334 Task 31 iramczituay 0 ZO 2 1 2 80 1 SD 122 2 1 208 534 4D2 Task 3Z WOMP1HydrologyAnalysis 0 16 2 2 90 90 9D 1 8 298 545130 Task 41 Admmistrabve Draft Inrhai Study 4 4 8 20 40 49 8 124 519 520 Task 42. Admmistrabve Draft EIR 4 8 9D 90 100 9D 50 50 482 S7- 624 Task 4.3 Sereencheck Draft EIR 2 8 8 10 20 20 20 88 S14 262 Task 44 Pubric Draft EIR 2 4 8 10 10 10 10 54 SB 770 Task 45 Final EIR $0 Task 4 51 Response to Consnents 10 32 4 24 20 20 10 120 519154 Task 4 5 2 Errata 8 12 12 4 36 SS 284 Task 4 5 3 Wigatcon Mcridomq and Reporting Program 2 4 10 4 20 S2 778 Task 4.5 4 Final FJR 1 10 10 10 1 12 42 S6 7411 Task 4 6 CEQA Notices Including Notice of Preparation 2 10 1 24 8 44 S6 076 Task 4 7 CEOA feanagerrent. Meebn s and Hearings SO Task 4 71 CEQA Mans ernent 4 8 50 62 S12 714 Task 4 7 2 Cocrdmabon Meetings 20 20 S3 820 Task 4 TZ Pubkc Sccprng Neebng 8 8 16 32 S5 712 Task 4 7 4 Pubkc Hearings Task 5: r 10 10 20 S4 740 Task 51 CafEEMod Emission Summa 4 1 32 36 ST244 Ta k 5 2 Health Risk Assessment 4 2 2 2 1 18 1 20 24 24 54 44B S4 206 Task 5.3 Norse and Vibration Report Task 5 4 Cultural Report 2 1 2 $4200 1 54 562 Task 55 CuhmlReport Confidentral Appendices 0 SO Task S6 Kistoncal Resources Assessment 1 1 5191 Task 5.7 Paleontological Assessment 1 1 5191 Task 5 8 General Biological Assessment 10 2 12 S2 632 Task 5 9 Phase I Environmental Site Assessment 12 2 14 S3 082 Task510 Geolechmeallavesb ation 2 2 $5200 SS582 Other Direct Costs $14 300 Subconsultant $9,400 TofilHours 32 110 330 1 322 1 418 353 268 128 1792 Percent of Total Labor Hours 2% 69/. 18% 1 18-S 23% 20% 15% 7% TOTAL COST I I I 5346 T72 IMMIRIFFIM INTERNATIONAL PAGE30 EXHIBIT "D" SCHEDULE OF PERFORMANCE Consultant shall commence work under this Agreement within 5 working days of this Agreement's execution by the parties H Consultant shall perform all Services timely in accordance with the Project Schedule developed by Consultant and subject to the written approval of the Contract Officer 01247 0005/858857 12/14/2023 D- I