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HomeMy WebLinkAboutC-8836-1 - PSA for Environmental Services Related to the AT&T Telecom GazeboAMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR ENVIRONMENTAL SERVICES RELATED TO THE AT&T TELECOM GAZEBO THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 19th day of December, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation ("Consultant"), whose address is 5 Hutton Centre Drive, Suite 500, Santa Ana, CA 92707, and is made with reference to the following: RECITALS A. On February 1, 2022, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide environmental services related to the AT&T Telecom Gazebo ("Project"). B. On May 4, 2022, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to extend the term of the Agreement, and to increase the total compensation. C. The parties desire to enter into this Amendment No. Two to extend the term of the Agreement to December 31, 2024. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2024, unless terminated earlier as set forth herein." 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ! Z-119 /`3 By: a on C. Harp it Attorney ATTEST: Date: o L01 Brown City Clerk CITY OF NEWPORT BEACH, a California mun cipaI corporation Date: I% 55�2t ? By: Gr K. Leung Ci Manager CONSULTANT: MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation} Date: /2'�� 2� By: Richard Beck Vice President & Practice Executive - Planning and GIS & Assistant Secretary Date: `I ` 20,2,� --(7 By: L—, Trudi Lim Senior Vice President & Regional Director & Assistant Secretary [END OF SIGNATURES] Michael Baker International, Inc. Page 2 I tri AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR V ENVIRONMENTAL SERVICES RELATED TO THE AT&T TELECOM GAZEBO THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 4th day of May, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation ("Consultant"), whose address is 5 Hutton Centre Drive, Suite 500, Santa Ana, CA 92707, and is made with reference to the following: RECITALS A. On February 1, 2022, City and Consultant entered into a Professional Services Agreement ("Agreement") for Consultant to provide environmental services related to the AT&T Telecom Gazebo ("Project"). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to extend the term of the Agreement to December 31, 2023 and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2023, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, and Exhibit B to this Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Ninety One Thousand Thirty Six Dollars and 00/100 ($91,036.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirteen Thousand Three Hundred Fifty Five Dollars and 00/100 ($13,355.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Michael Baker International, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO dVEY'S OFFICE Date:22- ATTEST: �' fn ; wn^ Date: ►'u a�t7d�- ��-1 � ,�� �. X1111 Leilani 1. :.City Clerk CITY OF NEWPORT BEACH, a Californi mu icipal corporation Date: a 2,— By: �rc . Leung Manager CONSULTANT: MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation Dater By: � Ri6Kard Beck Vice President Date: 5 Iv By= Riegler Assistant Secr( [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Michael Baker International, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES Michael Baker International, Inc. Page A-1 Michael Baker International, Inc. Page A-1 Michael Baker the strength of the Pack is the Wolf, and the strength of the Wolf is the Pack..." INTERNATIONAL To: Patrick Achis, City of Newport Beach From: Frances Yau, Michael Baker International Date: April 13, 2022 Subject: Additional Biological Support Services Project: AT&T Telecom Gazebo Project — Newport Beach, California SCOPE OF WORK (numbered sequentially with original contract) Task 8 Biological Resources Assessment $9,800 Michael Baker will conduct a database search of the California Department of Fish and Wildlife's (CDFW) California Natural Diversity Database, the California Native Plant Society Electronic Inventory of Rare and Endangered Vascular Plants of California listings, and the U.S. Fish and Wildlife Service Information for Planning and Consultation project planning tool and Critical Habitat online mapper to identify any special - status biological resources known to occur within the vicinity of the project site. Michael Baker will also review historic/current aerial photographs and topographic maps to assess existing site conditions and any ecological changes that have occurred within the project site. Following the literature review, Michael Baker will conduct a field survey of the project site to confirm baseline biological conditions. Notes will be taken on all plant and wildlife species observed on-site during the field survey. In addition, the location of any special -status plant and wildlife species and special -status vegetation communities will be mapped, if present on-site. Michael Baker will then prepare a letter report summarizing the information and results obtained during the literature review and field survey; document all plant, wildlife, and vegetation communities observed; and determine the potential for any special -status species to occur on or within the vicinity of the project site. Site photographs taken during the field survey and Geographic Information Systems (GIS) figures will be included in the report to further enhance written text and visually identify specific biological information as it relates to the project site. In addition, the report will analyze potential project -related impacts to biological resources, and identify any additional biological surveys, mitigation measures, and/or regulatory approvals that may be required to ensure the analysis of biological resources is compliant with current standards under the California Environmental Quality Act (CEQA). The letter report will address the CEQA significance thresholds and make significance determinations pursuant to a CEQA review. In addition, the letter report will analyze the project's consistency with the Orange County Central/Coastal Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) and make the appropriate determinations and recommendations to ensure compliance and consistency with the NCCP/HCP. The duration of this task is approximately four (4) weeks from notice to proceed, assuming that all current project files and plans are available for a thorough analysis of biological impacts. Assumptions & Exclusions: This task assumes one (])field survey will be conducted and allows for one (1) round of review/revisions to the draft report before accepted as final. This task also assumes that the City of Newport Beach (City) will provide full access to the project site, as well as keys to locked gates and advance notice to existing property tenants of our right of entry. This task excludes focused surveys for special -status plant or wildlife species. We Make a Difference 5 Hutton Centre Drive, Suite 500 1 Santa Ana, CA 92707 Office: 949-472.35051 Fax: 949-472.83731 mbakerintl.com Deliverables: Michael Baker will submit an electronic copy (PDF) of the final report to the City. TASK 9 Compensatory Mitigation Coordination $6,555 Michael Baker will coordinate with CDFW on behalf of the City to finalize the compensatory mitigation approach associated with the project. CDFW previously recommended the project utilize the NCCP/HCP's in -lieu fee program to achieve mitigation requirements for impacts to coastal sage scrub habitat. Michael Baker will coordinate with CDFW to finalize the amount of mitigation required for the project in order for the City to define the mitigation fees to be paid to the NCCP/HCP's non-profit organization (Natural Communities Coalition). This task includes time for up to four (4) virtual meetings (up to 2 hours each) with CDFW and the City. Assumptions and Exclusions: This task excludes the mitigation fee payment (to be provided by Client) as well as the preparation ofjurisdictional impact maps. Deliverable: Michael Baker will submit an electronic copy (PDF) of the NCCP Mitigation Summary Memo to the City. AT&T Telecom Gazebo Project Additional Biological Support Services EXHIBIT B SCHEDULE OF BILLING RATES Michael Baker International, Inc. Page B-1 EXHIBIT B SCHEDULE OF BILLING RATES Task Fee Biological Resources Assessment $9,300 Compensatory Mitigation Coordination $6,555 Subtotal Feer Review oj'Eukon Group Bio Report' 1 -$3,000 TOTAL ' Michael Baker is currently contracted to conduct a peer review of the Eukon Group Bio Report for $3,000. This amount will be deducted from the fee for the Biological Resources Assessment. SEW Pp -e", nn Cq<�FORN�P FEE SCHEDULE MICHAEL BAKER Proposal to Provide Environmental Services AT&T Telecom Gazebo —4500 San Joaquin Hills Road Labor Senior Principal $290-315 Principal $280-310 Program Manager $270-290 Project Director $250-270 Senior Project Manager $180-250 Project Manager $120-180 Technical Manager $130-250 Structural Engineer $195-215 Senior Engineer $190-195 Senior Planner $180-190 Electrical Engineer $175-180 Biologist $120-180 Landscape Architect $160-175 Project Engineer $160-175 Design Engineer/Senior Designer/Survey Analyst $155-165 Senior GIS Analyst $150-160 Project Planner $130-180 Environmental Specialist $110-130 GIS Analyst $135-155 Designer/Planner $120-150 Project Coordinator $120-150 Environmental Analyst/Staff Planner $110-130 Design Technician $115-125 Graphic Artist $105-115 Assistant Engineer/Planner $105 - 115 Permit Processor $90-100 Engineering Aid/Planning Aide $90-100 Office Support/Clerical OTHER $90-100 Charge Price/Unit Charge Price/Unit CADD At Cost Reproduction - B&W Regular 0.06 Communications At Cost Reproduction - B&W Oversized 0.12 Computer Usage At Cost Reproduction - Color Regular 0.40 Equipment and Supplies At Cost Reproduction - Color/Oversized 0.60 Mileage Current IRS Rate INTERNATIONAL Cost File PROFESSIONAL SERVICES AGREEMENT 4 WITH MICHAEL BAKER INTERNATIONAL, INC. FOR % ENVIRONMENTAL SERVICES RELATED TO THE AT&T TELECOM GAZEBO THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 1st day of February, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation ("Consultant"), whose address on file with the Secretary of State is 500 Grant Street, Suite 5400, Pittsburgh, PA 15219, with a local address of 5 Hutton Centre Drive, Suite 500, Santa Ana, CA 92707, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide environmental services related to the AT&T Telecom Gazebo ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2023, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Seventy Seven Thousand Six Hundred Eighty One Dollars and 00/100 ($77,681.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not Michael Baker International, Inc. Page 2 reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Frances Yau to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department. City's Assistant Planner or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the Michael Baker International, Inc. Page 3 requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil Michael Baker International, Inc. Page 4 service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Michael Baker International, Inc. Page 5 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. Michael Baker International, Inc. Page 6 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. Michael Baker International, Inc. Page 7 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et sea., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Assistant Planner Community Development Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Frances Yau Michael Baker International, Inc. 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and Michael Baker International, Inc. Page 8 identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. PREVAILING WAGES 28.1 If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 28.2 In such event, unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not Michael Baker International, Inc. Page 9 currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 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 the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controllinq Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Michael Baker International, Inc. Page 10 Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Michael Baker International, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOEZNEY'S OFFICE Date: Aaron C. Harp City Attorney ATTEST: Date: 2.)S'.2622 // -Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municZ22, corporation Date: FEB 1 By: Gr e . Leung Ci anager CONSULTANT: MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation Date: �'3 X202 Z By: Riftard Beck Vice President Date: 2— 3 " 20 2Z By: ` Sharf6 Silsby Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Michael Baker International, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES Michael Baker International, Inc. Page A-1 � �EWPp�T U r e� C11./Foftlo Exhibit A - Scope of Services Consultant shall provide to the City the following environmental services related to the AT&T Telecom Gazebo as follows: Proposal to Provide Environmental Services AT&T Telecom Gazebo -4500 San Joaquin Hills Road 1.1 Kick-off Meeting The work program will be initiated with a virtual Kick -Off Meeting with City staff and the Applicant, as desired by the City, to discuss the project features in greater detail. This initial meeting is vital to the success of the CEQA process and will be a key milestone in orderto confirm the parameters of the analysis, project construction program, scheduling, and overall communications. Prior to the Kick -Off Meeting, Michael Baker will distribute a meeting agenda and detailed memorandum, which will identify information needs. 1.2 Research and Investigation 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 become part of the environmental documentation's foundation and will be reviewed and incorporated into the analysis, as appropriate. This task also includes a visit to the project site and its surroundings, which will include a detailed photographic recording of on - and off-site conditions. 1.3 Draft Project Description and Initial Study Outline Based upon the detailed project information obtained at the project kick-off, Michael Baker will draft a preliminary project description and draft Initial Study outline for review and approval by City staff; refer also to Task 3.1.2. Based on the RFP, the Applicant will provide the following technical studies to be integrated into the analysis of the Initial Study, which will be peer reviewed by the Michael Baker team: • Biological Evaluation; • Photosimulations; and • Geotechnical Feasibility Study. Additionally, Michael Baker proposes to provide the following additional technical analyses/studies to support the CEQA analysis: • Air Quality Analysis; • Greenhouse Gas (GHG) Analysis; • Energy Analysis; • Noise Analysis; and INTERNATIONAL 61. Proposal — Methodology Proposal to Provide Environmental Services AT&T Telecom Gazebo — 4500 San Joaquin Hills Road • Cultural/Paleontological Resources Assessment and AB 52 Consultation Assistance. 2.1 Air Quality Analysis Michael Baker's technical specialists will prepare the air quality analysis for the proposed project. This scope of work does not include preparation of a standalone technical report. Air quality modeling data will be appended to the Initial Study. Existing Conditions/Regulatory Framework. The project is located within the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Federal, State, regional, and local air quality regulations will be discussed. The analysis will describe and address the requirements set forth by the SCAQMD CEQA Air Quality Handbook. Short-term Construction Emissions. Based on data provided by the Applicant, emissions generated during construction activities will be quantified using the California Emissions Estimator Model version 2020.4.0 (CalEEMod). A general description of the major phases of construction and their timing will be required. The air pollutant emissions during construction will be compared to the SCAQMD's Regional Thresholds of Significance. Naturally occurring asbestos impacts will also be qualitatively discussed. Long -Term Operational Emissions. Given the proposed use, the operational analysis will be qualitatively presented as it is assumed that there will not be a significant number of operational trips (e.g., maintenance) or significant sources of air pollutants emissions. Localized Emissions. The project is located within the SCAQMD's Source Receptor Area (SRA) 20 (Central Orange County Coastal). Based on localized meteorological data for SRA 20, Michael Baker will analyze localized impacts based upon the SCAQMD's Localized Significance Thresholds (LST) methodology. Air Emissions Health Impacts. As a result of the California Supreme Court decision for Sierra Club vs. County of Fresno (Friant Ranch L.P.), the resultant human health impacts from the project's short-term construction and long-term operational air emissions will be analyzed. 2.2 Greenhouse Gas Emissions Analysis Michael Baker's technical specialists will prepare the GHG analysis for the proposed project. This scope of work does not include preparation of a standalone technical report. GHG modeling data will be appended to the Initial Study. Michael Baker will review the land use data and prepare an inventory of the GHG emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct and indirect sources. In addition, total GHG emissions from construction activities will be amortized into the GHG emissions inventory. CalEEMod will be used to quantify GHG emissions. The analysis will review project consistency with applicable plans for the purpose of reducing GHG emissions. Mitigation measures will be identified and incorporated, as necessary, to reduce potentially significant GHG impacts of the proposed project. INTERNATIONAL 131. Proposal — Methodology IPO Proposal to Provide Environmental Services AT&T Telecom Gazebo — 4500 San Joaquin Hills Road u r CqC/Foi►N�P 2.3 Energy Analysis Michael Baker's technical specialists will prepare the energy analysis for the proposed project. This scope of work does not include preparation of a standalone technical report. Energy modeling data will be appended to the Initial Study. Michael Baker will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3) and Appendix G and Appendix F of the CEQA Guidelines. These statutes and guidelines require a project to describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. In addition, Appendix G of the CEQA Guidelines requires a consistency analysis with State or local plans for renewable energy or energy efficiency. The analysis will quantify energy consumption associated with short-term construction activities. 2.4 Noise Analysis Michael Baker's technical specialists will prepare the noise analysis for the proposed project. This scope of work does not include preparation of a standalone technical report. Noise modeling data will be appended to the Initial Study. Existing Conditions. The applicable noise and land use compatibility criteria for the project area will be reviewed and noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. A site visit will be conducted and short-term noise level measurements will be taken in the project area. The noise monitoring survey will be conducted at up to three separate locations to establish baseline noise levels in the project area. Noise recording lengths are anticipated to require approximately 10 minutes at each location. This scope excludes 24-hour long-term noise measurement. Short -Term Construction Noise and Vibration. Construction would occur during implementation of the proposed project. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. An analysis of construction vibration impacts will be based on the Federal Transit Administration's vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, specific construction activities, and City of Newport Beach Noise Ordinance specifications. Long -Term Operational Noise. The operational analysis will be qualitatively presented as it is assumed that there will not be a significant number of post -construction operational trips (e.g., routine maintenance) or significant sources of noise. 2.5 Cultural/Paleontological Resources Assessment and AB 52 Consultation Assistance Cultural/Paleontological Resources Assessment. Michael Baker will complete a cultural resources records search of the project site with a 0.5 -mile search radius at the South Central Coastal Information Center (SCCIC), literature, historic map review, local historical society consultation, pedestrian survey, and an archaeological sensitivity analysis of the project site. The intent of the above-mentioned cultural INTERNATIONAL 131. Proposal — Methodology Q SEW PORT u 34Z ZO e� c'gciFoaN�P Proposal to Provide Environmental Services AT&T Telecom Gazebo — 4500 San Joaquin Hills Road resources identification efforts is to determine if there are historical resources within the project site, as defined in CEQA Section 15064.5(a). Michael Baker International will also conduct a fossil locality search at the Natural History Museum of Los Angeles, literature and geologic map review, a paleontological resources sensitivity analysis, and provide recommendations. The findings of the cultural and paleontological resources identification efforts will be summarized in a combined memorandum that will be appended to the environmental document. The memorandum will describe the project site, methods, and results of the cultural and paleontological resources identification efforts described above, and recommendations or mitigation measures, as applicable. The memorandum will be used to support the environmental document. This scope of work assumes that no archaeological or built environment resources are located within the project site that will require recordation or evaluation for inclusion in the California Register of Historical Resources. Michael Baker also assume the SCCIC records search will be completed within six weeks of submitting the request. For budgetary purposes, we assume the maximum direct expense for the SCCIC records search and fossil locality search will be $750 and $350, respectively. Further studies may be required if archaeological, historical, or paleontological resources are identified on-site. Such studies can be prepared under a separate scope of work on a time and materials basis. AB 52 Consultation Assistance. Michael Baker will assist the City with meeting Native American consultation requirements pursuant to AB 52. In coordination with the City, we will prepare the draft consultation letters to tribes that have requested AB52 notification (assuming fewer than five tribes). 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 AB 52 consultation, and provide the consultation log with supporting documentation (e.g., letters, emails, and phone conversation summaries) for inclusion in the Initial Study. This scope does not include meetings or additional consultation but can be provided under a separate scope of work on a time and materials basis. 2.6 Biological Evaluation Peer Review Michael Baker will conduct a peer review of the General Biological Evaluation prepared by ACE Environmental, LLC and dated 2020 (report), as included in the RFP. Michael Baker's qualified biologist will conduct a field investigation of the project site and an in-depth review of the report. Prior to conducting the field investigation, Michael Baker will first broadly review the study area, survey protocols, and database searches that were utilized for the project, as well as confirm any methodology -related correspondence that previously occurred with regulatory agencies. The presence or absence of any governing biological or habitat management plans in or immediately adjacent to/abutting the proposed project will also be confirmed, and Michael Baker will review local tree ordinances that may apply to the project site. This information will help determine the appropriateness and completeness of the methodologies in the report. Michael Baker will then conduct an on-site field investigation of the proposed project site, confirm existing biological conditions described in the report, and verify that, based on field conditions, the studies and methodologies described in the report are adequate for acceptance by the regulatory agencies. It should be noted that the field investigation is not intended to exactly B1. Proposal — Methodology INTERNATIONAL ,AW POIV n U yL.� s e� C11 IFoaT'• Proposal to Provide Environmental Services AT&T Telecom Gazebo —4500 San Joaquin Hills Road replicate previous site visits that were conducted to support the report and will essentially constitute a new standard reconnaissance survey of the site. Following the field investigation, Michael Baker will conduct an in-depth review of the report. This review will critique the technical accuracy of methodologies and results, completeness of the impact analyses (if applicable), and adequacy of any proposed mitigation measures and/or permit requirements. Finally, Michael Bakerwill prepare a peer review memorandum that will summarize the adequacy (or inadequacy) of the report along with the report's primary conclusions and Michael Baker's subsequent questions, points of clarification, and/or comments on the data as presented. This task includes two (2) rounds of response to comments as well as a brief review of the revised (final) report. This task assumes that only the Biological Evaluation as provided in the RFP will be reviewed. If additional reports are provided for review, an additional scope and fee will be required. This task also assumes that the City/Applicant will assist in arranging full access to the project site, as well as providing keys to locked gates and advance notice to existing property tenants of our right of entry as necessary. Any areas within the project site that cannot be directly accessed will be searched from a safe and legal distance with binoculars as needed to confirm site conditions. 2.7 Photosimulations Peer Review Michael Baker will peer review up to five photosimulations provided by the Applicant team. Photosimulations will be reviewed for accuracy, based on three-dimensional model information, existing topographic information, grading plans, site plans, elevations, and sections provided by the Applicant team. The exact locations of the photographs taken will be verified. Camera and lens combination used for the photography will be reviewed. The simulated weather conditions in the context of the photographs selected to illustrate the project will also be reviewed. This scope of work assumes that up to five photosimulations will be provided. Should additional photosimulations be provided for review, this can be accommodated under a separate scope and fee. 2.8 Geotechnical Feasibility Study Peer Review Michael Baker has retained Ninyo & Moore to provide peer review support on the Applicant -prepared Geotechnical Feasibility Study. This scope of work includes the following: • Review of the applicant's geotechnical report and other documents and/or project plans pertaining to the site provided by the client and/or the City of Newport Beach; • Review of readily available topographic and geologic maps, published geotechnical literature, geologic and seismic data, groundwater data, aerial photographs, and in-house information; and • Preparation of a geotechnical third -party review letter presenting our comments on the geotechnical report and project plans. It is assumed that a site reconnaissance will not be conducted as part of the peer review work effort. 61. Proposal — Methodology IN T E R NAT I ON A L Proposal to Provide Environmental Services AT&T Telecom Gazebo —4500 San Joaquin Hills Road Michael Baker will prepare an Initial Study in accordance with the CEQA Guidelines. The Initial Study will include detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis shall be in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070. This section will denote the appropriate CEQA action based upon the Environmental Checklist/Environmental Analysis. The Initial Study report will be presented as follows: 3.1 Administrative Draft Initial Study/Mitigated Negative Declaration I 3.1.1 Introduction The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and any applicable City of Newport Beach CEQA implementation procedures for which the project is subject. This section will identify the purpose of the study and statutory authority as well document scoping procedures, summary of the Initial Study format, listing of responsible and trustee agencies, and documentation incorporated by reference. 3.1.2 Project Description The Project Description section will detail the project location, proposed project characteristics, construction program, and permits and approvals that are required based on available information. This section will include a summary of the project's local environmental setting. Exhibits depicting the regional and site vicinity will be included. Michael Baker will submit a draft Project Description to the City for review and approval as part of Task 1.3. This scope of work assumes one round of review and comment with the City and that no modifications to the Project Description will occur after incorporation of the City's comments/edits. 3.1.3 Initial Study Checklist This section will include a summary page of project information followed by an explanation of factors considered for potential impacts. The Initial Study Checklist will be presented in a four -column layout, identifying each threshold as either: (1) potentially significant, (2) less than significant with mitigation incorporated, (3) less than significant, or (4) having no impact. 3.1.4 Environmental Analysis Michael Baker will evaluate the necessary information with respect to the existing conditions, the potential adverse effects of project implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised by City staff, agencies and the community, and any other relevant and valid informative sources will also be evaluated. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical data. These analyses will be performed by qualified environmental specialists, CEQA experts, and planners on the Michael Baker team. RAIMOM V. 61. Proposal — Methodology INTERNATIONAL Q SEW FART aK C'9C�FONN�P Proposal to Provide Environmental Services AT&T Telecom Gazebo — 4500 San Joaquin Hills Road The Environmental Analysis section will thoroughly discuss the existing conditions for each environmental issue area and identify short-term construction and long-term operational impacts associated with the project. The impact analysis will be in a consistent order of environmental factors, as presented in Appendix G of the CEQA Guidelines (i.e., Aesthetics, Agricultural and Forest Resources, Air Quality, etc.). The thresholds for significance shall be identified for every environmental issue. A brief discussion will be provided for all environmental issues determined to have "No Impact" or "Less Than Significant Impact," explaining why these determinations were made and that no further analysis is warranted. The Impact Subsection will provide a detailed analysis of each issue, in the same order as these issues are provided in the Initial Study. The Environmental Analysis sections will provide vital supporting information for the conclusions rendered for the Environmental Checklist. This section will incorporate the findings of the technical analyses identified in Task 2.0, as well as any available reference documentation related to the project, including Applicant -prepared documentation. Aesthetics/Light and Glare This section will characterize the existing aesthetic environment and visual resources for the site, including a discussion of views within the site and views from surrounding areas. This section will focus on short - and long-term aesthetic and lighting impacts associated with the proposed development. Photosimulations prepared by the Applicant team and peer reviewed by Michael Baker (Task 2.7) will be incorporated into the analysis. Michael Baker will recommend mitigation measures, if necessary, to reduce potential aesthetic/light and glare impacts to the maximum extent possible. Agriculture and Forestry Resources The project area is not designated for agriculture production or forest resources; thus, the Initial Study will confirm that there is no effect on Agriculture and Forestry Resources. Air Quality Potential short-term construction and long-term operational air quality impacts associated with the proposed development will be analyzed. Emissions will be quantified using the latest version of CaIEEMod and compared to SCAQMD regional thresholds of significance; refer to Task 2.1. Mitigation measures will be incorporated to reduce impacts on a local and regional basis, if required. Biological Resources The Biological Evaluation prepared by the Applicant's team will be peer reviewed by Michael Baker; refer to Task 2.6. Upon City approval, the report findings will be integrated into the Initial Study. This section will provide a detailed account of existing biological conditions and habitats and provide impact findings associated with sensitive vegetation communities and special -status plant and wildlife species. Mitigation measures will be recommended, if necessary, to reduce impacts to less than significant levels. Cultural Resources This section will incorporate the conclusions of the Cultural/Paleontological Resources Assessment prepared for the project; refer to Task 2.5. INT E N N ATI ONAL B1. Proposal — Methodology 0� _?O u °gtiFoaN�P Energy Proposal to Provide Environmental Services AT&T Telecom Gazebo —4500 San Joaquin Hills Road Short-term construction and long-term operational impacts regarding energy resources and consumption will be analyzed in this section; refer to Task 2.1. Geology and Soils Based on available City information and the Applicant -provided Geotechnical Feasibility Study (peer reviewed by Michael Baker; refer to Task 2.8), the project will be evaluated for its potential to expose people or structures to potential substantial adverse effects involving fault rupture, strong seismic ground shaking, seismic -related ground failure (i.e., liquefaction), and landslides. Additionally, this section will evaluate impacts on potential paleontological resources within the project vicinity; refer to Task 2.5. Greenhouse Gas Emissions Project short-term construction and long-term operational GHG emissions will be analyzed. The analysis will also review project consistency with applicable plans forthe purpose of reducing GHG emissions; refer to Task 2.1. Hazards and Hazardous Materials This section will document existing hazards and hazardous materials conditions at the project site based on a review of available online public agency records maintained by regulatory agencies (e.g., State Water Resources Control Board and Department of Toxic Substances Control). Potential project -related construction and operational impacts, as they pertain to hazards and hazardous materials, will be analyzed. Potential accidental conditions during construction and operations involving hazardous materials will be analyzed. Project emergency access will also be considered. Hydrology and Water Quality Based on available City information and any Applicant -provided data, this analysis will analyze any project - related changes in drainage patterns, storm drain improvements, and downstream affects. The potential for the project to degrade water quality, interfere with groundwater recharge or expose people to water related hazards will also be identified. Michael Baker will summarize the findings of the analysis, including existing infrastructure, possible impacts of development, and potential mitigation requirements. Land Use and Planning Michael Baker will evaluate the proposed project in consideration of surrounding land uses and will analyze the relationship of the project to applicable planning policies and regulations, including the City of Newport Beach General Plan and Newport Beach Municipal Code. It is Michael Baker's understanding that the project will require a Director's Determination to allow the addition of a communications facility at Harbor Watch Park. INTERNATIONAL B1. Proposal — Methodology Q SEW F0,V n U r cq�iFoaN�P Mineral Resources Proposal to Provide Environmental Services AT&T Telecom Gazebo — 4500 San Joaquin Hills Road The Initial Study analysis will note that there is no effect of the project upon mineral resources. Noise Short-term construction noise analysis will be based on the sensitivity of the area, specific construction activities, and City of Newport Beach Noise Ordinance specifications; refer to Task 2.4. Minimal long-term operational noise impacts are anticipated given the proposed use. Population and Housing Given the proposed development of a gazebo installed with telecommunication facilities, the project would not induce substantial unplanned population growth and would not introduce any new housing. The Initial Study will note that there is no effect of the project on population and housing. Public Services The discussion of this section will focus on the potential alteration of existing facilities, extension or expansion of new facilities, and the increased demand on services based on the proposed telecommunication facility development. Data sources will include readily available public service documents from affected agencies. Recreation The proposed project would not introduce a significant number of new residents into the City that which would increase the demand for recreational facilities. The project would also provide recreational amenities as part of the proposed development. As such, the Initial Study will confirm effects on recreation would be less than significant. Transportation This analysis will address the project's short-term construction and long-term operational impacts as it relates to all modes of transportation, including pedestrian, bicycle, transit, and vehicular use. Tribal Cultural Resources The City, along with Michael Baker, will initiate Native American consultation in accordance with AB 52. This section will summarize the conclusions of the Native American consultation efforts and any mitigation measures requested by the consulted tribes; refer to Task 2.5. 131. Proposal — Methodology INTERNATIONAL Q W PSEORT } r n r U y4. r a� C'q</FORN�P Utilities and Service Systems Proposal to Provide Environmental Services AT&T Telecom Gazebo — 4500 San Joaquin Hills Road Impacts to existing and planned infrastructure, including water, wastewater, and solid waste utilities will be evaluated based on anticipated water demand and wastewater and solid waste generation. Given the proposed use, the project would not result in any operational impacts in this regard. Wildfire The project site is not located within a very high fire hazard severity zone. The analysis will note that the project would result in no impact with regards to wildfire. Mandatory Findings of Significance This section will focus on cumulative effects and considerations. 3.1.5 Initial Study Determination The determination page will conclude the appropriate action (anticipated to be adoption of a Mitigated Negative Declaration) based upon the Initial Study evaluation. 3.1.6 Graphic Exhibits The environmental document will include exhibits to enhance the written text and clarify the proposed project's environmental impacts. Michael Baker will use state-of-the-art computer design equipment and techniques to create professional quality, black and white or full color exhibits, dividers, and covers for the environmental document and appendices. All exhibits will be 8.5 x 11 inches in size and will be provided to the City in a jpeg, dwg, or pdf electronic format, as requested by City staff. 3.2 Administrative Draft Initial Study/Mitigated Negative Declaration I/ Upon receiving City comments on the Administrative Draft IS/MND I, Michael Baker will incorporate one complete set of comments and submit the Administrative Draft IS/MND II for City review. Revisions made in the Administrative Draft IS/MND II will be shown in Microsoft Word track changes to assist in City review in Adobe pdf and Microsoft Word formats. 3.3 Public Review Draft Initial Study/Mitigated Negative Declaration Upon receiving City comments on the Administrative Draft IS/MND II, Michael Baker will incorporate one complete set of comments and submit the Pre -Print Draft IS/MND for City review. Upon City approval, Michael Baker will prepare the Public Review Draft IS/MND and required CEQA notices (see Task 3.4 below). 3.4 CEQA Notices Michael Baker will prepare for City review and distribute all CEQA notices, as outlined below. The notices will be distributed via certified mail to the State Clearinghouse and all responsible, trustee, and interested B1. Proposal — Methodology INTERNATIONAL C��WP�RT Proposal to Provide Environmental Services AT&T Telecom Gazebo — 4500 San Joaquin Hills Road IU e.� CgIIFOfL agencies, community groups, and individuals. All distribution will be based upon a City -provided distribution list, which Michael Baker will assist in preparing to ensure proper noticing to all relevant agencies and interested parties. This scope assumes that the City will be responsible for any radius mailing and/or newspaper publishing required for the project. • Notice of Intent (NOI) — Michael Baker will prepare and file the NOI for the project to initiate the 30 -day public review period. This scope includes distribution of the NOA/NOI to up to 60 recipients. • Notice of Completion (NOC) and SCH Summary Form — Michael Baker will prepare the State Clearinghouse (SCH) package, including the NOC, SCH Summary Form, and Public Review Draft IS/MND, for submittal via the CEQA Submit website at the onset of the 30 -day public review period. • Notice of Determination (NOD) — Michael Baker will prepare and file the NOD with the County Clerk and State Clearinghouse within five days upon anticipated IS/MND adoption. This scope includes payment of the California Department of Fish and Wildlife (CDFW) filing fee (up to $2,500) and County Clerk filing fee ($50). 4.1 Response to Comments Michael Baker will respond to comments received on the Public Review Draft IS/MND during the 30 -day public review period. Michael Baker will prepare thorough, reasoned, and sensitive responses to relevant environmental issues. The draft responses will be prepared for review by City staff. It is noted that the extent of public and agency comments resulting from the review process is currently unknown. We have budgeted conservatively 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. 4.2 Mitigation Monitoring and Reporting Program To comply with the Public Resources Code Section 21081.6 (AB 32180), Michael Baker will prepare a Mitigation Monitoring and Reporting Program (MMRP) to identify appropriate monitoring steps/procedures and provide a basis for monitoring such 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 Public Review Draft IS/MND, a list of Mitigation Measures (in chronological order under the appropriate topic), Implementation Responsibility/Timing (party responsible for implementing the measure and timing), Monitoring Responsibility/Timing (agency/department responsible for verifying implementation of the measure and timing), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual, date of verification, and pertinent remarks. 61. Proposal — Methodology INTERNATIONAL �'WP p�T �I 'n a- '9</FORN�P Proposal to Provide Environmental Services AT&T Telecom Gazebo -4500 San Joaquin Hills Road The MMRP will be submitted to the City for review. Upon receipt of City comments, the MMRP will be prepared for inclusion in the Final IS/MND; see Task 4.3. 4.3 Final Initial Study/Mitigated Negative Declaration If necessary, Michael Baker will prepare an Errata to the Public Review Draft IS/MND for City review and approval. The Errata will identify any revised text in double underline for additions and stFikethFe g for deletions, as necessary, to address comments received on the Public Review Draft IS/MND. The Final IS/MND will be comprised of the Responses to Comments, Errata (if necessary), and MMRP. 5.1 Project Management Mr. Eddie Torres will be responsible for the overall management and supervision of the environmental staffing and will provide QA/QC. Ms. Frances Yau will be responsible for implementation of all key project management tasks and ongoing consultation with the City staff. Ms. Yau will undertake consultation and coordination of the project and review the IS/MND for compliance with CEQA and City requirements and procedures. It is Michael Baker's goal to serve as an extension of City staff throughout the duration of the IS/MND preparation. This task also covers costs necessary to administer the contract for this effort, prepare monthly invoices, and provide status updates to the City throughout the life of the project. 5.2 Meetings And Hearing Attendance Mr. Eddie Torres and/or Ms. Frances Yau will represent the Michael Baker Team at public hearings and make presentations and answer questions as requested by City staff. Should the City determine that additional meetings beyond the following listed meetings, below, are necessary, services will be provided under a separate scope of work on a time and materials basis. • One (1) virtual Kick -Off Meeting with City staff (refer to Task 1.1); • Up to three (3) additional virtual meetings with City staff and Applicant team, as necessary, and • Up to two (2) public hearings (e.g., Planning Commission/City Council hearings). Kick -Off Meeting and Project Description • One (1) electronic copy of the Draft Project Description and IS/MND Outline Technical Analyses and Peer Review • One (1) electronic and one (1) hardcopy of the Cultural/Paleontological Resources Assessment • One (1) electronic copy of the Biological Evaluation Peer Review Memo • One (1) electronic copy of the Photosimulations Peer Review Memo • One (1) electronic copy of the Geotechnical Feasibility Study Peer Review Memo 131. Proposal - Methodology INTERNATIONAL SEW PORT p 110 Proposal to Provide Environmental Services AT&T Telecom Gazebo —4500 San Joaquin Hills Road U C'9C/FORN�P AB 52 Tribal Consultation Assistance Package, including draft letters and instructions (Microsoft Word) Administrative Draft Initial Study/Mitigated Negative Declaration I • One (1) electronic copy of the Administrative Draft IS/MND I and Technical Appendices (Microsoft Word and Adobe pdf) • Two (2) hardcopies of the Administrative Draft IS/MND I (with Technical Appendices on CD provided on the inside cover of each copy) Administrative Draft Initial Study/Mitigated Negative Declaration II • One (1) electronic copy of the Administrative Draft IS/MND II and Technical Appendices (Microsoft Word and Adobe pdf) • Two (2) hardcopies of the Administrative Draft IS/MND II (with Technical Appendices on CD provided on the inside cover of each copy) Pre -Print Draft Initial Study/Mitigated Negative Declaration • One (1) electronic copy of the Pre -Print Draft IS/MND and Technical Appendices (Microsoft Word and Adobe pdf) Public Review Draft Initial Study/Mitigated Negative Declaration • One (1) electronic copy of the Public Review Draft IS/MND and Technical Appendices (Microsoft Word and Adobe pdf) in web -friendly format in smaller, individual files • Fifteen (15) hardcopies of the Public Review Draft IS/MND (with Technical Appendices on CD provided on the inside cover of each copy) • Five (5) CDs of the Public Review Draft IS/MND and Technical Appendices • One (1) electronic copy of the Draft and Final NOI • Distribution of the NOI to the City -approved Distribution List (up to 60 mailings) • Submittal of State Clearinghouse (SCH) package via CEQA Submit, including a Notice of Completion, SCH Summary Form, NOI, Public Review Draft IS/MND, and Technical Appendices • Filing of NOI at the Orange County Clerk -Recorder Office Final Initial Study/Mitigated Negative Declaration • One (1) electronic copy of the Draft and Final IS/MND, including Response to Comments, Errata (if required), Mitigation Monitoring and Reporting Program, and Technical Appendices (Microsoft Word and Adobe pdf) • Fifteen (15) hardcopies of the Response to Comments/Errata • Five (5) CDs of the Response to Comments/Errata • Fifteen (15) hardcopies of the Final IS/MND (with Technical Appendices on CD provided on the inside cover of each copy) • Five (5) CDs of the Final IS/MND • Distribution of the Response to Comments to commenting agencies Final Products • One (1) electronic copy of final CEQA documents, including Notices, Public Review Draft IS/MND, Final IS/MND, and Technical Appendices (Microsoft Word and Adobe pdf) Draft and Final NOD • " 61. Proposal — Methodology INTERNATIONAL Q SEW Pp�T Proposal to Provide Environmental Services AT&T Telecom Gazebo — 4500 San Joaquin Hills Road U y r �'q��FoaN.P • Filing of NOD with the State Clearinghouse and Orange County Clerk -Recorder Office 7.1 NEPA Categorical Exclusion Assuming the project requires Federal Communications Commission (FCC) approval, environmental clearance under the National Environmental Policy Act (NEPA) would be required. As such, Michael Baker provides the following scope of work to prepare a Categorical Exclusion (CE) in compliance with NEPA requirements. Categorical Exclusion Based on a review of the FCC's NEPA guidance, it is anticipated that the project would be categorically excluded given that the proposed development does not fall under any of the following categories per Section 1.1301-1.1319 of the FCC rules, Title 47 of the Code of Federal Regulations: • Facilities located in an officially designated wilderness area or wildlife preserve (generally on federal land); • Facilities that (i) may affect listed threatened or endangered species or designated critical habitats; or (ii) are likely to jeopardize the continued existence of any proposed endangered or threatened species or likely to result in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary of the Interior pursuant to the Endangered Species Act of 1973; • Facilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archaeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places; • Facilities that may affect Indian religious sites; • Facilities to be located on a flood plain; • Facilities whose construction will involve a significant change in surface features; • Facilities that involve high intensity lighting in a residential area; • Facilities over 450 feet in height above ground level; or • Facilities would result in human exposure to radiofrequency radiation in excess of FCC -established limits. This task assumes that FCC will concur with the applicability of a Categorical Exclusion for the proposed project. Michael Baker will prepare the Categorical Exclusion for City review and approval. This task specifically excludes preparation of an Environmental Assessment or Environmental Impact Statement, and excludes the preparation of any technical studies aside from cultural resources, as detailed below. This task excludes participation in any additional meetings. B1. Proposal — Methodology I N T E A N A T 1 0 N A L �'WP pRT � i n �q<iFoaN�P Proposal to Provide Environmental Services AT&T Telecom Gazebo —4500 San Joaquin Hills Road Cultural and Paleontological Resources Identification Report Michael Baker will prepare a Cultural Resources Identification Report to address requirements of CEQA, Section 106 of the National Historic Preservation Act (NHPA), and the 2004 Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (Nationwide PA). This scope of work supersedes the CEQA cultural resources scope (Task 2.5) if NEPA clearance is determined to be required for this project; both tasks will not be required. To complete this task, we will conduct the following: • APE Map: Michael Baker will develop the direct and indirect Area of Potential Effects (APE) map to address requirements of the Nationwide PA and Section 106 of the NHPA. The direct APE is restricted to the area of ground disturbance and the indirect APE includes properties within a 0.5 - mile radius that may be visually affected by the project. • Cultural Resources Records Search: Michael Baker will conduct a South Central Coastal Information Center (SCCIC) records search for cultural resources within a 0.5 -mile radius of the direct APE. A review of relevant archival records (e.g., historic maps and aerials) will be conducted. • Historical Society Consultation: Michael Baker will contact one area historical society for information or concerns regarding historic properties within the direct/indirect APE. • Native American Consultation: Michael Baker will conduct a Native American Heritage Commission (NAHC) Sacred Lands File search to assist with meeting Native American consultation requirements pursuant to Section 106 of the NHPA. We will contact the NAHC for a review of the Sacred Lands File to determine if the APE contains any known sacred lands, and obtain a list of Native American contacts who may have concerns about the project within the APE. We will send consultation letters on City letterhead, place follow-up phone calls or emails, and maintain the consultation log. This scope does not include meetings or additional consultation. • FCC Tower Construction Notification System (TCNS): Michael Baker will submit the TCNS filing for the project, required for the FCC to initiate tribal consultation with their list of entities that have expressed interest in the area of the APE. Michael Baker will conduct follow-up phone calls or emails, if necessary, and will include any responses/communication in the consultation log. • Public Notice: Michael Baker will prepare a public notice and coordinate its publication in an appropriate local newspaper. The public notice is part of public participation and consultation requirements per the Nationwide PA and Section 106 of the NHPA. • Background Research: Research will be conducted to develop the historic context for prehistoric and historic resources. • Field Survey: Michael Baker will conduct an archaeological field survey of the direct APE. We assume a field survey of the indirect APE is not required. • Effects/Impacts Assessment: The effects/impacts analysis will be prepared. • FCC 620 Form: Michael Baker will complete the FCC 620 Form and provide direction on how to electronically submit the form. • Paleontological Research: We will conduct a fossil locality search at the Natural History Museum of Los Angeles, literature and geologic map review, a paleontological resources sensitivity analysis, and provide recommendations. A Cultural and Paleontological Resources Identification Report will be prepared to satisfy requirements of both CEQA and NEPA. The report will describe the methods and results of the cultural resources identification efforts described above, and recommendations or mitigation measures, as applicable. 131. Proposal — Methodology IN T E R N AT I ON A L � ��WPpRT n U �. z ew �gciFoaN.P Proposal to Provide Environmental Services AT&T Telecom Gazebo — 4500 San Joaquin Hills Road Further studies may be required if historic properties are identified within the APE and can be provided under separate contract on a time and materials basis. We assume there are no archaeological or built environment resources present within the direct APE that will require recordation or evaluation for inclusion in the California Register of Historical Resources or National Register of Historic Places. We also assume the SCCIC records search will be completed within six weeks of submitting the request and within a maximum direct expense of $1,000, and we assume the fossil locality search will be completed within a maximum direct expense of $350. INTERNATIONAL 131. Proposal — Methodology EXHIBIT B SCHEDULE OF BILLING RATES Michael Baker International, Inc. Page B-1 ��WPp,Qr p� Proposal to Provide Environmental Services I AT&T Telecom Gazebo -4500 San Joaquin Hills Road Z5 s.. a.r °pt7FoaN�`� Exhibit B - Schedule of Billing Rates The Schedule of Billing Rates includes labor and reimbursable expenses (e.g., hardcopies/CDs, mileage, mailing/filing fees, and other direct costs). TASK ET 295 FY ZC 140 1l5 K13 RW MN 205 170 170 WW/OE 120 WP1GA Total Ninyo 120 Hours Moore ODC Total Cost 0 1.ICK-0FF MEETING AND P OJECT D SCRIPT10N 1. f Kick -0, Meetin 1 41 5 $855 855 1.2 Research and Imes!Val 4 4 8 $ 1.3 Draft Pro ct Descn Son and Initial Sod Otd3ne 2.0 TECHNICAL ANALYSES AND PEER REVIEWS 1 8 2 11 S1,055 2.1 Air Oual Ana is 20 26 $3.770 2.2 Greenhouse Gas Emissions Anal is 11 18 18 52,010 2.3 Ene Ana a 10 10 1 450 2.4 Noise Ana is 1 35 30 5 370 2.5 Cult rayPaleonWlo ical Resources Assessment and AB 52 2.8 Bicb ical Evaluation Peer Review 2.7 Photosimulafions Peer Review 50 18 12 50 18 12 36.520 $3.000 $2.400 $2.781 2.8 Geolechnbal FeasibilityStud Peer Review 3.0 DRAFT INITIAL SUNWIMITIGATED NEGATIVE DECLARATION 0 $2.701 3.1 Admini trative Drag IS/MND I Introduction 2$280 2 Pro ect Descn lion 4 $500 Inal Stud Checklist 2 2 9280 Envirommemal Ana sis 8 20 80 0 114 515.480 Initial Stud Detenni-tion t 1 $120 Gra Nc Exhibits 3.2 Administrative Draft ISWND II 2 8 2 2 12 4 4 28 480 $4,190 3.3 Pubfic Review Draft IS/PAND 3.4 CEOA Notices 16 1 8 e 4 iB 7 52.575 $800 4.0 FINAL. INITIAL STUOYIMFrIGATED NEGATIVE DECLARATION 4.1 Resome to Comments 21 10 _ 2 2 8 2 28 $4230 4.2 Mil' anon Monitnri and Rep.,brtg Proram I 1 2 3 5380 4.3 Final ISlMND 1 8 1 2 B $1,375 5.0 PROJECT MANAGEM ENi Alm PUBLIC HEARYIGS 5.1 Pm' ct Afan ement 5.2 Meeti s and Hean Attendance 6.0 DELIVERABLES 4 10 16 10 20 20 53.420 54,350 54,550 $4,550 TOTAL HOURS 31 102 93 16 22 56 121 20 461 Wercent of Total Labor Hours 6.7% 22.1% 20.2% 3.5% 46% 12.1% 26.2% 4.3% 100.0% SUBTOTAL LABOR=T. 58,145 314,280 313,485 $3.280 $3.740 58,520 $14,520 52.400 573.131 TOTAL COSTS 277 681 7.0 OPTIONAL TASKS 7.1 NEPACate orical Exclusion Cate odcal Exclusion 4 12 50 00 8 0 Cultural and Paieorrtob ical Resources Iderofoation Report 100 100 517.000 TOTAL -OPTIONAL TASKS2586-- ET=Eddie Torres KB=Kristen Bogue WW/OE=Winnie Woo/Oscan Escobar FY=Frances Yau RW= Ryan Winkleman WPIGA= Word ProcessinglGrapNc Artist ZC = Zhe Chen MN = Margo Nayyar ODC - Other Direct Costs INTERNATIONAL � ��WPpRr Proposal to Provide Environmental Services >. AT&T Telecom Gazebo — 4500 San Joaquin Hills Road cq<F a p FEE SCHEDULE MICHAEL BAKER Labor Senior Principal $290-315 Principal $280-310 Program Manager $270-290 Project Director $250-270 Senior Project Manager $180-250 Project Manager $120-180 Technical Manager $130-250 Structural Engineer $195-215 Senior Engineer $190-195 Senior Planner $180-190 Electrical Engineer $175-180 Biologist $120-180 Landscape Architect $160-175 Project Engineer $160-175 Design Engineer/Senior Designer/Survey Analyst $155-165 Senior GIS Analyst $150-160 Project Planner $130-180 Environmental Specialist $110-130 GIS Analyst $135-155 Designer/Planner $120-150 Project Coordinator $120-150 Environmental Analyst/Staff Planner $110-130 Design Technician $115-125 Graphic Artist $105-115 Assistant Engineer/Planner $105-115 Permit Processor $90-100 Engineering Aid/Planning Aide $90-100 Office Support/Clerical Charge DIRECT Price/Unit CHARGESOTHER Charge $90-100 Price/Unit CADD At Cost Reproduction - B&W Regular 0.06 Communications At Cost Reproduction - B&W Oversized 0.12 Computer Usage At Cost Reproduction - Color Regular 0.40 Equipment and Supplies At Cost Reproduction - Color/Oversized 0.60 Mileage Current IRS Rate INTERNATIONAL � �EWPORr Proposal to Provide Environmental Services AT&T Telecom Gazebo — 4500 Sen Joaquin Hills Road -,4,, P `P NINYO & MOORE Professional Staff Principal EngineerlGeologisVEnvironmental ScientisVCertified Industrial Hygienist 5 188 Senior EngineedGeologistlEnwronmental Scientist S 178 Senior Project Engineer/GeologisVEnvironmental Scientist S 173 Project EngineeriGeologisVEnvironmental Scientist $ 105 Senior Staff EngineerlGeologisVEnvironmental Scientist S 150 Staff EngineedGeologi sVEnviron mental Scientist S 194 GIS Analyst S 123 Technical IIIustratorlCAD Operator S gg Field Staff Certified Asbestos/Lead Technician S 173 Field Operations Manager $ 119 Nondestructive Examination Technician (UT, MT. LPI S 114 Supervisory Technician S 104 Special Inspector (Concrete, Masonry. Structural Steel, Welding. and Fireproofing) S 104 Senior Technician S 103 Technician S 98 Administrative Staff Information Specialist S 83 (3eotechnicallEnvironmentalA.aboratory Assistant 5 81 Data Processor S 71 Concrete Coring Equipment lincludes technician) $ 1901hr Anchor Load Test Equipment (includes technician) $ 11)01hr GPR Equipment $ 180thr Inclinometer $ 1 001h Hand Auger Equipment $ 80/hr Rebar Locator (Pachometer) $ 25/hr Vapor Emission kit $ 851kit Nuclear Density Gauge $ 12/hr X -Ray Fluorescence $ 701hr PIDMD S 25Ar Air Sampling Pump $ 101hr Field Vehicle $ 151hr Direct Expenses Cost plus 15 % Special equipment charges will be provided upon request .. For field and laboratory technicians and special inspectors. overtime rates at 1.5 times the regular rates will be charged for wort performed in excess of 8 hours in one day Monday through Friday and all day on Saturday Rates at twice the regular rates wi11 be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays. Field technician and special inspection hours are charged at a 4 -hour minimum, and 8 -hour minimum for hours exceeding 4 hours. INTERNATIONAL EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Michael Baker International, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Michael Baker International, Inc. Page C-2 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self - Michael Baker International, Inc. Page C-3 insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Michael Baker International, Inc. Page C-4 Michael Baker International, Inc. From: Customer Service To: Ramirez, Brittanv; Insurance Cc: lori.alcalaPebix.com Subject: Compliance Alert -Vendor Number FV00000592 Date: February 05, 2022 12:38:32 AM [EXTERNAL EMAIL I DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000592 Michael Baker International, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.