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
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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.
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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
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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.
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131. Proposal — Methodology
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Proposal to Provide Environmental Services
AT&T Telecom Gazebo — 4500 San Joaquin Hills Road
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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
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131. Proposal — Methodology
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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
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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.
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61. Proposal — Methodology
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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.
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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.
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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
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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
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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
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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
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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
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• 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
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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
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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.
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131. Proposal — Methodology
EXHIBIT B
SCHEDULE OF BILLING RATES
Michael Baker International, Inc. Page B-1
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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
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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
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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.
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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.