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HomeMy WebLinkAboutA8443 - MICHAEL BAKER INTERNATIONAL, INC. CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES THIS PROFESSIONAL SERVICES AG EMENT (hereila "Agreement") is made and entered into, to be effective this Jday of A► , 20 , by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as"City") and Michael Baker International, Inc., a Pennsylvania corporation (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the"Parties." RECITALS A. City has determined that there is a need for As-Needed, "On-Call" Environmental Assessment (CEQA) Services for a variety of future private and public development projects, (hereinafter the"Project"). B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Environmental Assessment (CEQA) Services for a variety of future private and public development projects pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of professional services and is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the professional standard similar to those which are ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality in performing the Work and Services required hereunder. Page 1 of 49 among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits `B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1') the terms of this Agreement; (2nd) the provisions of the Scope of Services (Exhibit "A"); as may be amended from time to time; (P)the provisions of the City's Request for Proposal (Exhibit`B"); and, (4d') the provisions of the Consultant's Proposal (Exhibit"C"l. 1.3 Comgliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. 1.4 Licenses, Permits. Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, Page 2 of 49 documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property to the extent they are caused by contractor's negligent acts until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Performance of Services. City Manager or his designee, as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or his designee to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform this Agreement. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs,judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment,together with any and all costs, including attorneys'fees, incurred by City. 2.0 COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type of services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order or a Purchase Order authorized by the City Manager or his designee as provided in this Section 2.1. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for Page 3 of 49 time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefore. It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject to the number and type of projects requiring the Consultant's services throughout the duration of the term of this Agreement, if any. Consultant shall be entitled to compensation in accordance with separate City authorized "Task Orders" (Purchase Orders) with corresponding Not-to-Exceed payment amounts established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D". Consultant's compensation shall be limited to the amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant. By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required services (pursuant to Schedule"D") necessary for the projects. Subject to existing cost limits established by municipal code. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five(45)days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including,but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Annronriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Page 4 of 49 Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or services that Consultant may provide. 3. SCHEDULE OF PERFORMANCE 3.1 Time.. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement subject however to the exercise of the Standard of Care for performance of services. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer,but such extensions shall not exceed one hundred eighty(180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager or his designee, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two(2) additional one(1) year terms. 4. COORDINATION OF WORK 4.1 ReRresentative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Darren Edginton. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise Page 5 of 49 the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or 'gRMC=. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Consultant. A. The legal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment Page 6 of 49 compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venture or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Tvues of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00)per claim and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. Page 7 of 49 (1) If the policy of insurance is written on a"claims made"basis,the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (2) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage,products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned,non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City Page 8 of 49 reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements.The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 53.1 For any claims related to this Agreement, Consultant's Commercial General Liability and Automobile Liability coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 532 Except for Professional Liability Insurance, any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 533 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 534 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 535 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 53b Consultant agrees to ensure that subconsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon Page 9 of 49 request, all agreements with subconsultants and others engaged in the Project will be submitted to the City for review. 53.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 538 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 539 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive. 53.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 53.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. 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, or to reduce or dilute insurance available for payment of potential claims. 53.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 54 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 55 VerLfication of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by Page 10 of 49 the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City"may be included in this statement). 2 "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the City"may be included in this statement). 3. Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4 Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, costs, judgments, arbitration awards, settlements, damages, , and expenses including legal costs and reasonable attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, to the extent caused by the Consultant's negligent acts, errors or omissions under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the Page 11 of 49 insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed,until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 $gam. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownershin of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Any use of documents except for the specific purpose intended by this Agreement will be at the City's sole risk and without liability or legal exposure to the Contractor. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. Except for disclosure as is Page 12 of 49 required by law, all information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three(3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any material provision of this Agreement shall constitute a default. Page 13 of 49 B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering performance in accordance with this agreement.. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured,provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its material obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.13, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Ri,hts and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court Page 14 of 49 costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing,the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringenicnt. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, Page 15 of 49 pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii)five(5)business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm springs, California92262 Telephone: (760)323-8204 Facsimile: (760)323-8332 To Consultant: Michael Baker International, Inc. Attention: Chris Alberts 75410 Gerald Ford Dr. Palm Desert, CA 92211 Telephone: (760) 346-7481 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other Page 16 of 49 modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns,or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals, The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement,by the same. 10.8. CorQorate Authorih. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv)the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 10.9 Limitation of Liability. Consultant's total aggregate liability (whether such liability is based in contract, warranty, tort, equity, strict liability, statute, common law and/or any other claim or theory) to City for any loss, damage, expense or cost of whatsoever kind or nature arising out of or relating to this Contract or Task/Purchase orders issued hereunder, shall not exceed the net sum actually paid to Consultant for the Services. (SIGNATURES ON FOLLOWING PAGE) Page 17 of 49 IN WITNESS WHEREOF,the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CIT PALM SPRINGS, CA By By Anthon ejia, City C er �� . ✓nq �'D vidH. R eady, City M Date: b - ZT Date: APPROVED AS TO FORM: APPROVED BY CITY COUNCIL: JefQfBy I"NDate:L 19-19 Agreement No. Jeffr S.Talling , City Attorney rDate: S�tn. 7 _ APPROVEC BY CIlY COUNCiI. CONSULTANT Name:Michael Baker International, Inc., a Pennsylvania Corporation Check one:-Individual Partnership_Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Address: 75410 Gerald Ford Dr. Palm Desert, CA 92211 By: Signatur n tarized) Signa (no arized) Name: Darren Riegler Name: Michael Tylman Title: Senior Vice President Title: Assistant Secretary Page 18 of 49 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1180 rs<>•••,••••,• _<«<--<w`<.0.fuC. -»,r,>•••.,,•,.� .a-«<�<a<� C<,r d.- ^^r»>^^>�,a�,zx�„ A rxiMy Public or other off ca,corripiesng this certhcam venfies only the Klenttty of to kK§vduW who signed to document to which this certificate is atractied,and not the trutcf ulna,accuracy,ar vaficky of that doaanerrL State of California ) County of GYU--✓t -�'� )On����u1 i�kaems. �'bl'� .�il(tl l(O � 1V07`rvti 4i Lli C, Date _ / kmd/lime end Tm od oww a fmi, personalty appeared j2c,rTv vi Names)of Sigrrer�) who proved to me on the basis of satisfactory evidence to be the perzon(s) whose names) is/are subscribed to the within instrument and acknowledged to me that halsherthey executed the same in his/her/the(r authorized capacdAes).and that by his/herrtheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted_executed the instrument_ I certify under PENALTY OF PERJURY under the laws of the',state of California that the foregoing paragraph is true and correct zrs;; CINDY OKAMOTO WITNESS ffry tend and oftial Public-California r�,,Nolary Orange County SignatureZCommission#L 2171175 = Crgr'ature f t lotary PuNic M Comm.E ires Nov 7,2020 Place nkfty sent Above OPTIONAL Though this section is apbonal,completing this rnformabon can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Doarnent ((ll (r True or Type of Document Cz C J�+I.t1S l'i:1�'� J C Documen{ Date: Number of Pages: Signer(s) Other Than NaWled Above: Capacity(es)Claimed by Signer(a) Signer's Name: l Signers Name: ❑Corporate Officer—Trtle(s): ❑Corporate Officer—Title(s): ❑Partner— ❑Limited ❑General -0F?ar.(ner— ❑Limited ❑General ❑Individual El Attorney it Fact ❑Individu&-- ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee Gusrdian or Conservator ❑Other- ❑Other Signer Is Representing: Signer Is Represerdin 02014 Nabord Notary Association•www.Nabwm Notary-org•1 AW-US NOTARY(1-8W-87&M27) Poem*5W7 Page 19 of 49 EXHIBIT"A" SCOPE OF SERVICES Page 45 of 49 ON-CALL CEQA SERVICES: 2019 RFP 1. BACKGROUND INFORMATION AND GENERAL DESCRIPTION The City is seeking proposals from qualified professional Environmental Assessment firms to establish a list of on-call firms to work on a variety of California Environmental Quality Act (CEQA) compliance assessments for private and public sector development applications processed by the City. The City anticipates that projects will range from significant resort hotels with adjoining retail, recreation and residential components to single-family subdivisions. The City seeks firms capable of preparing Initial Studies, Negative Declarations, Mitigated Negative Declarations or Environmental Impact Reports on private development projects in accordance with CEQA requirements. In addition, the City may require mitigation monitoring services to verify compliance with adopted mitigation measures for approved projects. Firms must have thorough knowledge of current CEQA and National Environmental Policy Act (NEPA) regulations. All impacts including multi-species habitat, air quality, traffic, water quality, noise, greenhouse gas emissions, archeology and regional impacts must be thoroughly assessed and quantified and innovative, creative mitigation proposed. Full consideration of sustainability principles relevant to California and the Coachella Valley shall be employed. Firms shall be expected to assist with noticing and filings. Firms may be required to attend Planning Commission and City Council meetings answer questions and defend their work. The preparation of sound, defensible environmental assessments is the goal, but also critical is the timely completion thereof. The City will be looking to find firms that have full technical capabilities to handle the most complex cases and other firms capable of analyzing less complex projects. The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of 48,000 full-time residents. The City exclusively reserves the right to select and assign a successful firm from the RFP process (or firms if desired)for each project as it determines is in the best interest of the City and the specific project. As the projects remain unapproved at this time and will vary in size and scope, there is no guarantee of work nor is there any implied or promised rotation method for project assignments. 2. SCOPE OF SERVICES The SCOPE OF SERVICES and principal responsibilities may include, but are not limited to, the following (all services may or may not be necessary on each project): All responsibilities of Lead Agency including: 1. Preliminary Review; 2. Preparation of Initial Studies, Environmental Impact Reports, and other CEQA- related documents and notices/filings; 3. Provide thorough analyses, sound reasoning and careful judgment when determining whether a project causes significant environmental effects; 4. Establishing thresholds of Significance; and 5. Making Mandatory Findings of Significance. Following decision to prepare a Negative Declaration (ND) or Mitigated Negative Declaration (MND): 1. Prepare Notice of Intent (NOI) and ND/MND and submit to City for review/approval; Page 1 2. Circulate NOI to all parties as required by CEQA; 3. Prepare ND/MND and submit to City for review; 4. Review and respond to comments received during the comment period, if deemed necessary; 5. Be available to present at Planning Commission and City Council meetings, if necessary; and 6. Prepare and file Notice of Determination. Following determination that an Environmental Impact Report (EIR) is required: 1. The EIR's shall meet all the requirements set forth in the California Environmental Quality Act (Public Resources Code 21000 et seq.) and the State CEQA guidelines (California Code of Regulations, section 15000 et seq.). 2. Identified impacts shall be designated as significant, insignificant, etc. pursuant to the criteria of CEQA and the State CEQA Guidelines, and any thresholds or criteria used by the County and City. Indirect or secondary impacts of the project shall also be discussed and mitigation measures recommended. 3. Mitigation measures should be described in detail and should be specific to the project. Two types of mitigation measures should be recommended: measures addressing impacts related to the primary impacts; and measures addressing impacts related to the secondary impacts associated with the proposed project. 4. The alternatives analysis, while mostly a qualified effort, shall make all efforts to use or cite existing applicable detailed information to make for as meaningful a comparison as possible to the proposed project. It will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing level required to perform the scope of services. The City will NOT provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. A comprehensive mitigation monitoring and reporting program, pursuant to Public Resources Code Section 2108.6, shall be developed for applicable mitigation measures. The monitoring program shall incorporate both monitoring by the City and reporting by the developer, with subsequent report verification by on-site inspection, if necessary. The consultant shall be available for a "kick off' meeting and to meet with one or more of the City staff when given advance notice. The consultant shall anticipate attending two (2) scoping meetings (one before EIR work begins and one during Public Review period), and two (2) public hearings. The consultant shall be prepared to respond to questions, make presentations and/or participate in an advisory capacity during these meetings/hearings. The format for all text documents, tables, charges, and illustrations shall be 8 1/2" x 11" vertical. If oversize inclusions are necessary, they will be 11" x 17". Document covers for all related documents shall be coordinated so they appear as a "set". As much of the technical information as possible shall be placed in the appendices. Duplication of information of the EIR shall be avoided as much as possible. All hard copy administrative drafts, drafts, and final documents shall be two-sided, black ink, on white or light recycled stock paper. If sub-consultant firms are used for typical urban development projects assessment anticipated to be submitted to the City of Palm Springs, identify them and provide hourly rates. Page 2 EXHIBIT"B" CITY'S REQUEST FOR PROPOSALS Page 46 of 49 CITY OF PALM SPRINGS, CA NOTICE INVITING PROPOSALS FOR RFP #12-19 ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting proposals from qualified professional firms to provide the City with on-call, as-needed professional Environmental Assessment (CEQA) services for various private and public sector development projects located throughout the City. PROJECT LOCATION: Various projects and site in the City of Palm Springs, CA. SCOPE OF SERVICES: The work is comprised of providing on-call, as-needed professional Environmental Assessment (CEQA) services for various private and public sector development projects located throughout the City. It is expected that multiple firms will be selected in this process and will be on-call for up to a five (5) year period. OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded via the internet at www.palmspringsca.gov (go to Departments, Procurement, Open Bids & Proposals), or by calling the Office of Procurement and Contracting, (760) 322-8368. Upon downloading the RFP via the internet, contact Procurement contact person, Craig Gladders, Procurement and Contracting Manager, via email at craiq.gladders(a)-a) to be placed on the interested vendor list for this project, providing your company name, contact person, contact email address, office address, office phone and office fax. Failure to be placed on the interested vendor list as stated above may result in not receiving Addenda to the RFP. Failing to acknowledge Addenda may result in your proposal being non-responsive, or may negatively impact the evaluation of your proposal. We strongly advise that you follow the instructions above if you are interested in submitting a proposal. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP) format for the acquisition of Professional Services on the basis of demonstrated competence and qualifications for the type of services required consistent with the provisions of CA Government Code 4525/4526 and Municipal Code 7.04.050. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA, but shall be negotiated with the successful firm or firms to be fair and reasonable. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. DEADLINE: All proposals must be received in the Procurement and Contracting Office, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, TUESDAY, APRIL 16, 2019. The receiving time in the Procurement Office will be the governing time for acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted. Reference the RFP document for additional dates and deadlines. Late proposals will not be accepted and shall be returned unopened. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. Page 1 of 17 Craig L. Gladders, C.P.M. Procurement and Contracting Manager March 14, 2019 4 VALM S � Z s� q .r`�R�\ Page 2 of 17 CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP) #12-19 ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES Requests for Proposals (RFP #12-19), for professional on-call, as-needed professional Environmental Assessment (CEQA) services for various private and public sector development projects located throughout the City (hereinafter the "RFP") will be received at the Office of Procurement&Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, TUESDAY, APRIL 16, 2019. It is the responsibility of the respondent to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of proposals. Telegraphic, telephonic, faxed or emailed proposals will not be accepted. Late proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive or negatively impact the evaluation of a proposal. We strongly advise that interested firms officially register per the instructions in the Notice. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from qualified professional firms to provide the City with on-call, as-needed professional Environmental Assessment (CEQA) services for various private and public sector development projects located throughout the City. It is expected that multiple firms will be selected in this process and will be on-call for up to a five (5) year period. SCHEDULE: Notice requesting Proposals posted and issued ................................................. March 14, 2019 Deadline for receipt of Questions.........................................Monday, April 8, 2019, 3:00 P.M. Deadline for receipt of Proposals......................................Tuesday, April 16, 2019, 3:00 P.M. Short List / Interviews/, *if desired by City ......................................................... to be determined Contract awarded by City Council..................................................................... to be determined NOTE: There will NOT be a pre-proposal conference for this procurement. *Dates above are subject to change. "KEY" TO RFP ATTACHMENTS: ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included with Work/Technical Proposal envelope. ATTACHMENT "B"— Non Collusion Affidavit Form. *Must be completed and included with Work/Technical Proposal envelope. ATTACHMENT "C" — Cost Proposal Form. *Must be completed and included in a separately sealed envelope — do NOT include this with your Work/Technical Proposal. Page 3 of 17 ATTACHMENT "D" — No Conflict of Interest and Non-Discrimination Form. *Must be completed and included with Work/Technical Proposal envelope. ATTACHMENT "E" — Business Disclosure Form. *Must be completed and included with Work/Technical Proposal envelope. ATTACHMENT "F" —Sample boilerplate Contract Services Agreement (for reference only) 2. BACKGROUND: The City is seeking proposals from qualified professional Environmental Assessment firms to establish a list of on-call firms to work on a variety of California Environmental Quality Act (CEQA) compliance assessments for private and public sector development applications processed by the City. The City anticipates that projects will range from significant resort hotels with adjoining retail, recreation and residential components to single-family subdivisions. The City seeks firms capable of preparing Initial Studies, Negative Declarations, Mitigated Negative Declarations or Environmental Impact Reports on private development projects in accordance with CEQA requirements. In addition, the City may require mitigation monitoring services to verify compliance with adopted mitigation measures for approved projects. Firms must have thorough knowledge of current CEQA and National Environmental Policy Act (NEPA) regulations. All impacts including multi-species habitat, air quality, traffic, water quality, noise, greenhouse gas emissions, archeology and regional impacts must be thoroughly assessed and quantified and innovative, creative mitigation proposed. Full consideration of sustainability principles relevant to California and the Coachella Valley shall be employed. Firms shall be expected to assist with noticing and filings. Firms may be required to attend Planning Commission and City Council meetings answer questions and defend their work. The preparation of sound, defensible environmental assessments is the goal, but also critical is the timely completion thereof. The City will be looking to find firms that have full technical capabilities to handle the most complex cases and other firms capable of analyzing less complex projects. The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of 48,000 full-time residents. The City exclusively reserves the right to select and assign a successful firm from the RFP process (or firms if desired) for each project as it determines is in the best interest of the City and the specific project. As the projects remain unapproved at this time and will vary in size and scope, there is no guarantee of work nor is there any implied or promised rotation method for project assignments. 3. SCOPE OF SERVICES: The scope of services and principal responsibilities may include, but are not limited to, the following (all services may or may not be necessary on each project): All responsibilities of Lead Agency including: 1. Preliminary Review; 2. Preparation of Initial Studies, Environmental Impact Reports, and other CEQA- related documents and notices/filings; 3. Provide thorough analyses, sound reasoning and careful judgment when determining whether a project causes significant environmental effects; 4. Establishing thresholds of Significance; and 5. Making Mandatory Findings of Significance. Page 4 of 17 Following decision to prepare a Negative Declaration (ND) or Mitigated Negative Declaration (MND): 1. Prepare Notice of Intent (NOI) and ND/MND and submit to City for review/approval; 2. Circulate NOI to all parties as required by CEQA; 3. Prepare ND/MND and submit to City for review; 4. Review and respond to comments received during the comment period, if deemed necessary; 5. Be available to present at Planning Commission and City Council meetings, if necessary; and 6. Prepare and file Notice of Determination. Following determination that an Environmental Impact Report (EIR) is required: 1. The EIR's shall meet all the requirements set forth in the California Environmental Quality Act (Public Resources Code 21000 et seq.) and the State CEQA guidelines (California Code of Regulations, section 15000 et seq.). 2. Identified impacts shall be designated as significant, insignificant, etc. pursuant to the criteria of CEQA and the State CEQA Guidelines, and any thresholds or criteria used by the County and City. Indirect or secondary impacts of the project shall also be discussed and mitigation measures recommended. 3. Mitigation measures should be described in detail and should be specific to the project. Two types of mitigation measures should be recommended: measures addressing impacts related to the primary impacts; and measures addressing impacts related to the secondary impacts associated with the proposed project. 4. The alternatives analysis, while mostly a qualified effort, shall make all efforts to use or cite existing applicable detailed information to make for as meaningful a comparison as possible to the proposed project. It will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing level required to perform the scope of services. The City will NOT provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. A comprehensive mitigation monitoring and reporting program, pursuant to Public Resources Code Section 2108.6, shall be developed for applicable mitigation measures. The monitoring program shall incorporate both monitoring by the City and reporting by the developer, with subsequent report verification by on-site inspection, if necessary. The consultant shall be available for a "kick off' meeting and to meet with one or more of the City staff when given advance notice. The consultant shall anticipate attending two (2) scoping meetings (one before EIR work begins and one during Public Review period), and two (2) public hearings. The consultant shall be prepared to respond to questions, make presentations and/or participate in an advisory capacity during these meetings/hearings. The format for all text documents, tables, charges, and illustrations shall be 8 1/2" x 11" vertical. If oversize inclusions are necessary, they will be 11" x 17". Document covers for all related documents shall be coordinated so they appear as a "set". As much of the technical information as possible shall be placed in the appendices. Duplication of information of the EIR shall be Page 5 of 17 avoided as much as possible. All hard copy administrative drafts, drafts, and final documents shall be two-sided, black ink, on white or light recycled stock paper. If sub-consultant firms are used for typical urban development projects assessment anticipated to be submitted to the City of Palm Springs, identify them and provide hourly rates. The City is not providing any specifics at this time regarding any anticipated projects that may be contemplated in the future. This is an on-call services agreement for an extended multi-year term. Projects will be assigned to firms as the City deems appropriate, as noted. There are no DBE or DVBE requirements for this solicitation or the resulting agreements. 4. PROPOSAL REQUIREMENTS: The firm's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP. 5. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based Selection process to select a firm or firms to provide the services requested by this RFP. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date. The format, selection criteria and date of the presentation will be established at the time of short listing. Preparation of proposals in reply to this RFP, and participation in any future presentation is at the sole expense of the firms responding to this RFP. 6. PROPOSAL EVALUATION CRITERIA: This solicitation has been developed in the "Request for Proposals" (RFP) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm. Consistent with CA Government Code Section 4525/4526 and Municipal Code 7.04.050 for the acquisition of Professional Services, price is NOT an evaluation criteria. Cost proposals submitted in separate sealed envelopes are not opened, nor considered during proposal evaluations. Upon selection of the most qualified firms, the associated cost proposal will be used as a basis for contract negotiations. A contract shall be negotiated on the basis of the submitted Cost Proposal, and in consideration of fair and reasonable and mutually agreed upon project costs and time requirements. PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. Note: A firm may submit a proposal as a Prime Consultant in response to this RFP, and also may be listed as a Subconsultant for another Prime that is also submitting a proposal. Page 6 of 17 However, if you are awarded a contract as a Prime Consultant, you may NOT also perform as a Subconsultant to another Prime Consultant that also is awarded a contract. If you are NOT awarded a contract as a Prime, you may perform as a Sub to another firm that is awarded a contract as Prime. You may not do BOTH. An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria: A. Firm Qualifications, Experience and Background (35 POINTS): B. Understanding CEQA processes (40 POINTS): C. References and Experience with Projects of Similar Size and Scope (20 POINTS): D. Local Expertise Demonstrated on the Team (5 POINTS): Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section DA below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to those that qualify as a Local Business. Two (2) points will be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non- local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. 7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 5 above. The proposals must be in an 8 % X 11 format, minimum 10pt font size, minimum %" margins, and may be no more than a total of twenty five (25) sheets of paper, which may be double-sided, including cover letters, organization charts, staff resumes, appendices, and any exceptions to the language in the sample agreement or to the insurance requirements. NOTE: Dividers, Attachments "A","B", "D" and "E" and Addenda acknowledgments, and the Cost Proposal (*in a separate sealed envelope) do NOT count toward the limit (everything else does). Interested firms shall submit SIX (6) copies (one marked "Original" plus five (5) copies) of both your Technical/Work Proposal and your Cost Proposal, and one (1)Thumb Drive or CD of the entire proposal (including the Cost Proposal), by the deadline. All proposals shall be sealed within one package and be clearly marked, "RFP #12-19, REQUESTS FOR PROPOSALS FOR ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES". Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Work Proposal. Proposals not meeting the above criteria may be found to be non- responsive. EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES: Envelope #1, clearly marked "Work Proposal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Completed, and notarized, Affidavit of Non-Collusion (see Attachment B) • If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed No Conflict of Interest and Non-Discrimination Form (Attachment D) Page 7 of 17 • Completed Public Integrity - Business Disclosure Form (Attachment E) In addition to the items above, at a minimum, firms must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. A.2. State the name and title of the firm's principal officer with the authority to bind your company in a contractual agreement. A.3 Describe your firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with providing environmental assessment services for public agencies. A.4 List the name, qualifications and availability of the key staff/team members that will be assigned to this project. Provide detailed qualifications of the lead Representative or Project Manager that will be assigned to this project. A.5 Indicate the name of any sub-consultant firms that will be utilized to make up your team. Describe each sub-consultant's background and specific expertise that they bring to this project. Note that it is acceptable to include a range of sub-consultants to ensure availability, however, and substitutions of sub consultants must be approved in advance by the City's Director of Planning Services. SECTION B: UNDERSTANDING CEQA AND NEPA REQUIREMENTS AND PROCESSES B.1 Describe in detail the steps that your firm would follow to provide environmental assessment services, including your work plan process and methodology. B.2 Identify your ability to ensure that projects are completed within your client's budget and the measures taken in successfully completing all phases of a project. B.3 Identify project management tools you propose to use to keep both your own staff on track and the City staff cognizant of current project status. B.4 Identify an EIR, carried out in a desert environment, for which your firm and the staff proposed for this contract provided environmental assessment services, and describe how you applied your firm's skills and abilities in the following areas: (a) Responsiveness and attentiveness to client needs; (b) Creative ability; (c) Knowledge and understanding of the latest CEQA requirements; (d) Analytical capability; (e) Oral and written communication skills; (f) Interaction with client's organization, i.e., other divisions and personnel Page 8 of 17 (g) Sensitivity to funding constraints SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE C.1 Provide a minimum of three (3) references for recently completed environmental assessment services for projects of a similar size and scope where the key personnel identified above provided the professional services required. At least two (2) of the references shall be for public/government agency projects, preferably in a desert climate. Provide contact information, including full name and a current phone number, for each project identified. C.2 For the representative successful projects completed, explain what key issues/challenges you faced and how you solved them. Also, please comment on the project budgeting for each. SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response(see Attachment A)and provide a copy of its current business license(or of those it employs for this project)from a jurisdiction in the Coachella Valley with its proposal. ENVELOPE#2, clearly marked "Cost Proposal", shall include a fully completed and signed "Cost Proposal/Rates" form, Attachment "C", as provided by the City. • List the hourly rate for all classifications of personnel who may work on a Project for the City of Palm Springs. • List the hourly rate for all classifications of personnel of sub consultants. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance. Page 9 of 17 • Do NOT include Attachments "A", "B", "D, or "E" in the Cost Proposal, Envelope#2. Attachments "A", "B", "D" and "E" are to be included in Envelope #1, "Work Proposal". DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, TUESDAY, APRIL 16, 2019. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this RFP to see that any proposal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the firm unopened. Proposals shall be clearly marked and identified and must be submitted to: City of Palm Springs Procurement and Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, C.P.M., Procurement & Contracting Manager QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to: Craig Gladders, C.P.M. Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig.Gladders(cDpalmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M., Local Time, Monday, April 8, 2019. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement (see Attachment "F"). Please note that Exhibits A, B, C, D and E are intentionally not complete in the attached document. These exhibits will be negotiated with the selected firm, and will appear in the final Professional Services Agreement executed between the parties. Requested changes to the Professional Services Agreement may not be approved, and the selected firm must ensure that the attached document will be executed. Page 10 of 17 We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled "Conflict of Interest" and "Covenants Against Discrimination" and recommend all firms carefully consider these contractual requirements prior to submitting a proposal in response to this RFP. Firms that submit a proposal in response to this RFP shall certify the following: a) Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. b) Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on. The term of the agreements that are awarded as a result of this RFP shall be in effect for three (3) years with two (2) one year extension options. AWARD OF CONTRACT: It is the City's intent to award a contract to the firm or firms that can provide all of the services identified in the RFP document. However, the City reserves the right to award a contract to multiple Respondents or to a single Respondent, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract(s) will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm(s) to be recommended for award and contracts have been negotiated and agendized for consideration. The decision of the City Council will be final. The City exclusively reserves the right to select and assign a successful firm from the RFP Page I I of 17 process (or firms if desired) for each project as it determines is in the best interest of the City and the specific project. As the projects remain unapproved at this time and will vary in size and scope, there is no guarantee of work nor is there any implied or promised rotation method for project assignments. RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal. RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and staff has recommended to the City Council the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a proposal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret," Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposal or other information or documents submitted to the City as part of this RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NON-RESPONSIVE. Page 12 of 17 COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process. COMPLIANCE WITH LAW: Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. LICENSES, PERMITS, FEES, AND ASSESSMENTS: Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. Page 13 of 17 ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)* REQUESTS FOR PROPOSALS (RFP) # 12-19 ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY (PROPOSER): BUSINESS ADDRESS: TELEPHONE: CELL PHONE FAX CONTACTPERSON EMAIL ADDRESS A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. PRINTED NAME AND TITLE SIGNATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; A corporation If a corporation, organized in the state of: 2. My tax identification number is: Please check below IF your firm qualifies as a Local Business as defined in the RFP: A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s)# is/are hereby acknowledged. Page 14 of 17 ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope#1)* NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned,being first duly sworn, deposes and says that he or she is of .the party making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham;that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof,or divulged information or data relative thereof,or paid,and will not pay,any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal. By: Title: Subscribed and sworn to before me this day of . 2019. Page 15 of 17 ATTACHMENT "C" COST PROPOSAL/RATES *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST PROPOSAL (Envelope #2)* *If necessary, you may attach additional sheets. REQUEST FOR PROPOSAL (RFP #12-19) ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES Responding to Request for Proposal No. 12-19 for providing on-call Environmental Assessment Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIM CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSE: Cost/Rate: Page 16 of 17 $ $ $ Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by: Firm Name Signature of Authorized Person Printed Name Title Date Page 17 of 17 EXHIBIT"C" CONSULTANT'S PROPOSAL Page 47 of 49 P4A CALIFORNIAfy Like no • • 4n springs Statement of Qualifications On-Call Environmental Assessment haelBakerCEQA) Services INTERNATIONAL RFP #12-19 z e The Mission of Michael Baker International is to be the best engineering, planning, consulting, and professional services company in the industry,where we make a difference by continuously innovating and delivering outstanding service to our clients and providing our people with fulfilling careers where they attain personal and professional satisfaction and make a demonstrable difference in the communities in which we live and serve. Mission Statement Michael Baker We Make A Difference I N T E R N A T 1 0 N A L April 15, 2019 Mr. Craig L.Gladders,CPM Procurement and Contracting Manager City of Palm Springs Procurement and Contracting Office 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 RE: RFP#12-19,REQUEST FOR PROPOSALS FOR ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA) SERVICES Dear Mr.Gladders, Michael Baker International(Michael Baker)is pleased to present this proposal to the City of Palm Springs for the On-Call Environmental Consulting Services project. We are proud of our reputation in the Coachella Valley, providing multi-discipline consulting services for completing major development and infrastructure projects over the past 30+years. Michael Baker will build on our past experience to deliver sound,defensible environmental assessments resulting from the On-Call Services in the most efficient and timely way possible. By selecting the Michael Baker Team,the City will be gaining an experienced team of proven professionals that has successfully delivered a number of environmental document projects for the benefit of the valley residents and agencies. Advantages that distinguish the Michael Baker Team are: Expert Leadership. Project Manager,Darren Edgington brings more than 29 years of diverse and challenging work experience in environmental and land planning. His broad experience includes project management for: CEQA/NEPA and other Environmental Documents,as well as,specific plans and planned developments. Mr. Edgington will provide the day-to-day oversight of any Tasks resulting from this On-Call,and will serve as the City's main point of contact for the duration. Local Knowledge. Michael Baker has completed numerous environmental documents throughout the Coachella Valley,fostering an excellent understanding of the special needs and criteria surrounding a desert environment,as well as the environmental and multi-agency coordination required to successfully obtain CEQA/NEPA or environmental documentation. Specialized Project Team. To better serve the City with a more comprehensive project team,we have teamed with BCR Consulting to provide cultural resources,and a local geotechnical firm, Petra Geotechnical. Our proposal was prepared in compliance with the City's Request for Proposal (RFP), including our cost proposal provided in a separate envelope. This proposal is valid for 120 calendar days from April 16,2019. Additionally,we acknowledge the release of Addenda#1. We look forward to assisting the City in its mission to provide a cleaner,safer and more sustainable environment for all its inhabitants. Please contact me at 760/341-6110,or Darren Edgington at 951/506-2083,to discuss any aspect of this Proposal. Respectfully submitted, r Christopher Alberts,PLS rren dgington, /P-IT, EED AP Vice President/Palm Desert Office Manager Project Mana eer 75-410 Gerald Ford Drive,Suite 100 MBAKERINTL.COM Palm Desert,CA 92211 Office:760-346-74811 Fax:760-346-8315 On-Call Environmental Assessment (CEQA) Services R F P #12-19 YA 6'u��f 1V16 CALIFORNIA Like no place else Table of Contents Cover Letter A. Firm Qualifications, Experience and Background.............................................................................1 A.1 Firm's Background Information.................................................................................................1 A.2 Principal Officer......................................................................................................................... 1 A.3 Background and Qualifications..................................................................................................1 A.4 Key Staff....................................................................................................................................6 A.5 Subconsultant Support............................................................................................................10 B. Understanding CEQA Processes.....................................................................................................11 B.1 Environmental Assessment Services.......................................................................................11 B.2 Quality and Budget Control.....................................................................................................16 B.3 Communication Plan ...............................................................................................................18 B.4 Desert Environmental EIR Example......................................................................................... 19 C. Project Experience with References...............................................................................................21 C.1 References...............................................................................................................................21 C.2 Representative Projects ..........................................................................................................21 D. Local Expertise/ Exceptions...........................................................................................................29 Appendix Attachment A—Signature Authorization Form........................................................................33 Attachment B— Non-Collusion Affidavit Form.........................................................................34 Attachment D—No Conflict of Interest and Non-Discrimination Form...................................36 Attachment E—Public Integrity Disclosure Form.....................................................................37 Cost Proposal.......................................................................................(Submitted under separate envelope.) Page I N T E R N A T I O N A L m x D : T • 7 3. a CALIFORNIA v0) n a 00 0 O O 5 Like no place else. a A . Firm Qualifications , Experience and Background Michael Baker _ _ On-Call Environmental Assessment (CEQA) Services RFP #12-19 ua!,5 J CALIFORNIA Like no place else'" Section A Firm Qualifications,Project Team,Experience and Background A.1 Firm's Background Information Brief History: Michael Baker International(Michael Baker),a Pennsylvania Corporation,is a full- INTERNATIONAL service planning,engineering,design,and construction firm working with both public and private sector clients. The firm maintains a professional staff of more than 589 employees located in 13 offices throughout California. Michael Baker offers the resources of more than 3,000 x employees in 90 global office locations. Michael Michael Baker International Baker is a strong,financially stable firm,operating continuously since its founding in 1940.The firm has 75-410 Gerald Ford Drive served public and private sector clients in southern Suite 100 California for 78 years. Palm Desert, CA 92211 Ph. 7601346-7481 Michael Baker's team of professionals offers Fx. 7601346-8315 expertise in environmental services, land use Firm Principal and Principal planning,urban design, public outreach,landscape In-Charge/Chris Alberts architecture,GIS,transportation and traffic planning and engineering;storm water and water quality calberts@mbakerintl.com engineering;civil,structural,mechanical,and electrical engineering;survey and mapping;water and wastewater engineering;and construction management services. Michael Baker's service commitment to our clients: To be the best engineering, planning, consulting,and professional services company in the industry,where we make a difference by continuously innovating and delivering outstanding service to our clients and providing our people with fulfilling careers where they attain personal and professional satisfaction and make a demonstrable difference in the communities in which we live and serve. A.2 Principal Officer ChrisA/berts,PLS,is the Firm Principal directly in charge of the Palm Desert Office operations. Mr.Alberts has been a resident of the Coachella Valley for over 15 years and is strongly vested in its development and success. Mr.Alberts will also serve as Principal In Charge for the Palm Springs On-Call Environmental Consulting Services project. A.3 Background and Qualifications Michael Baker International(Michael Baker)is recognized as an innovative and strategic partner in the preparation and processing of environmental documents and supporting technical studies. We have successfully completed hundreds of environmental documents in compliance with CEQA and NEPA for public agency clients. We have prepared environmental documents for virtually any type of project the City may encounter,from land development/planning entitlements projects to long-range plans and programs to public works and capital I N T E R N A T I O N A L P a g e I Z On-Call Environmental Assessment (CEQA) Services tt, RFP #12-19 CALIiORNIA Like eo place else'" improvement projects. We coordinate regularly with local,State and Federal regulatory agencies both during the environmental process and in acquiring regulatory permits/approvals for our clients. A description of our extensive capabilities providing environmental services to our clients is provided below. Environmental(CEQA Advising,Peer Review,IS/MND and EIR Preparation): Environmental documents prepared at Michael Baker address the full spectrum of environmental and technical issues,with in-house specialists providing technical evaluation for traffic and transportation, flood control and drainage,air quality,climate change,noise,land use,socioeconomics, utilities and services,energy conservation,biological resources,cultural resources,visual and aesthetic effects, relevant planning, Phase I hazardous materials, neighborhood and construction effects, landform modification,agricultural suitability and many other environmental issue areas. Michael Baker produces environmental documents that `s are sensitive to both the public's concern for resource JA protection and community impacts,as well as real-world ' issues associated with cost and feasibility of implementing mitigation measures. Michael Baker's environmental task managers have a broad resume of project experience in urban and rural communities and have worked on numerous complex projects requiring technical expertise,creative solutions,and development of effective and workable mitigation. Our team has a thorough understanding of CEQA, NEPA, the Endangered Species Act,Clean Water Act,Clean Air Act,National Historic Preservation Act, and other local,State,and Federal regulations. Michael Baker also provides peer review of environmental documents and technical studies that are supported by professionals with expertise in acoustics,air quality,climate change, traffic/transportation, hydrology,water quality,water/wastewater, landscape architecture, urban design,policy planning,structural design,civil engineering,GIS,mapping,and surveying. As-Needed On-Call Services: Michael Baker takes great pride in our long-standing history of providing both as-needed and "extension of staff'services for public sector clients. In southern California,we have provided these services to the following agencies,among others: • Cambria Community Services District • City of Palm Springs • City of Anaheim • City of Rancho Mirage • City of Azusa • City of San Bernardino • City of Chino Hills • City of San Diego(City/County/Port • City of Colton Rotation) • City of Cypress • City of Santa Ana • City of El Segundo • City of Temecula • City of Fontana • City of Westminster • City of Hemet • County of Los Angeles • City of Irvine • County of Orange • City of Lancaster • County of Riverside • City of Long Beach • County of San Bernardino • City of Menifee • Port of Long Beach • City of Moreno Valley • Western Riverside Council of • City of Palmdale Governments P a g e 1 2 1 N T E R N A T 1 0 N A L On-Call Environmental Assessment (CEQA) Services qt / R F P #12-19 1 J J CALiFORN1A Like no place else- Our staff is accustomed to meeting demanding project schedules by pooling our resources from skilled staff throughout the region,when necessary,to ensure our clients are given the highest quality of service and on-time performance. Air Quality Studies/Health Risk Assessments: Michael Baker utilizes air quality models that are developed by the U.S.Environmental Protection Agency,California Air Resources Board,and local Air Pollution Control Districts. Michael Baker's air quality services include project-specific analysis of regulatory impacts,short-term construction emissions, long-term operational emissions,and computer modeling of source-specific pollutant emissions and dispersion analysis. Additionally, Michael Baker has carried out mitigation programs for commercial,transportation,and industrial projects,as well as General Plan Air Quality Elements. Michael Baker also prepares Health Risk Assessments(HRA)in accordance with U.S. Environmental Protection Agency and the California Office of Environmental Health Hazard Assessment(OEHHA)guidelines to evaluate potential health risks associated with Toxic Air Contaminants(TAC). Our capabilities include emission inventory preparation,meteorological air dispersion modeling,and risk calculation. Greenhouse Gas Studies: Michael Baker's climate change experts are at the forefront in developing sound scientific regulatory assessments and strategies within the rapidly changing regulatory environment. We advise both government and private industry on greenhouse gas (GHG)policies and methodologies and the impact that they have on the new carbon constrained business future. To ensure a sustainable future,there is a great need to understand and manage GHG emissions in ways that promote economic growth. As the climate change debate and private sector market solutions evolve, Michael Baker continues to offer its clients unparalleled analytical, policy,and business management services. Michael Baker has developed proprietary models for quantifying and analyzing GHG's from a variety of direct and indirect sources including construction,vehicular traffic,electricity consumption,water conveyance,and sewage treatment. Michael Baker's analyses recommend innovative GHG/air pollutant reduction methods during the construction and operation of a project,conduct advanced dispersion modeling, investigate the use of renewable energy sources/energy efficient products,and quantify the benefits of resource conservation(i.e., electricity usage and recycling). Biological Resources Michael Baker has expert in-house biologists experienced in the Federal and State Endangered Species Acts,the Migratory Bird Treaty Act,the California Department of !� Fish and Game Code,the Clean Water Act,and biological analyses under CEQA and NEPA. Michael Baker's relationships with wildlife agencies,regulatory agencies,federal land managers, and various conservation groups allow the firm to serve as a liaison between the applicant and these agencies/organizations. Michael Baker's biological team has decades of experience in the biological consulting process. Valued services provided by Michael Baker include conducting habitat assessments to characterize the biological features of an area,rapidly identifying any sensitive features,suggesting a compliance strategy to resolve identified impacts,and working with the client to make sure their planning needs are met while meeting permitting and mitigation requirements. Michael Baker biologists prepare general biological inventories, endangered species/sensitive plant surveys,and biological monitoring. In consultation with Page 13 1 N T E R N A T 1 0 N A L On-Call Environmental Assessment (CEQA) Services a Wt yrlm� R F P #12-19 CAUfORNiA Like no ploce else." resource agencies,Michael Baker staff has extensive experience in mitigating biological resources impacts through restoration/revegetation and conservation/mitigation banking. Hazardous Materials/Environmental Site Assessment: Michael Baker provides a range of Hazardous Materials Assessments to meet our clients'needs for various project types. Michael Baker has prepared hundreds of Phase I Hazardous Materials Assessments for a variety of projects throughout California utilizing the American Society for Testing&Materials(ASTM) standards for commercial real estate transactions(E1527-05 and E1528-06),All Appropriate Inquiry(AAI),as well as appropriate protocol from lending institutions and regulatory agencies. The comprehensive capabilities and professional experience of our in-house staff allows Michael Baker to effectively and efficiently complete Hazardous Materials Assessments for any type of property. Michael Baker's capabilities include Phase I Environmental Site Assessments(ASTM E1527-05), Transaction Screens(ASTM E1528-06),Preliminary Hazardous Materials Assessments, Environmental Baselines Surveys(for the United States Department of Navy),and Initial Site Assessments(for Caltrans). Visual,Shade/Shadow,Graphics,Line of Sight,and Photosimulations: Michael Baker provides visual simulation studies for aesthetic and visual impact evaluation. Simulations produced by Michael Baker range from simple photo composite/3-D massing studies to full photorealistic depictions. Michael Baker uses state-of-the-art software and advanced techniques such as metric photogrammetry and Real Time Kinematic(RTK)global positioning. Data is processed using state-of-art computer techniques into high-quality graphics that allow the public to understand the visual impacts of a project. Michael Baker provides dynamic views of proposed developments through the use of animations and •-- --•� - •-- Matchmove technology(the � process of combining computer animation with video). Animations provide visual analysis while moving through or around a project on foot,in a vehicle,or plane. Additionally,Michael Baker has the capabilities to perform viewshed analyses that may be utilized to determine whether or not project features are visible within a one-mile radius. The viewshed map is created using Geographic Information Systems(GIS)technology and may include Digital Surface Model (DSM)data. DSM data allows Michael Baker to determine view blockage resulting from existing structures,terrain,and landscaping(i.e., large trees). Michael Baker also prepares shade and shadow analyses by overlaying shadow diagrams on a base map that show the building footprints of the project and the surrounding buildings. The intent of this work is to illustrate any change in shadow patterns that would be directly attributable to the project,and to visually demonstrate the effect of these shadows on surrounding land uses, particularly any adjacent residential or other sensitive uses. Page ) 4 I N T E R N A T I O N A L On-Call Environmental Assessment (CEQA) Services R F P #12-19 a t CALIFORNIA Like m place else" Hydrology/Water Quality: Michael Baker has a broad base of experience that can provide a wide variety of services to meet the challenges associated with storm water quality. Current projects give the Michael Baker Team a unique and clear understanding of the requirements that the regulated community faces in complying with court orders,fulfilling National Pollutant Discharge Elimination System(NPDES)Permit obligations,and other related storm water activities. Michael Baker's storm water quality capabilities include the identification of constituents of concern,research relative to Best Management Practices(BMP)effectiveness,BMP siting, design,construction,construction management and operation,and maintenance and monitoring. Furthermore,Michael Baker has completed studies relative to BMP effectiveness and cost including prototype studies relative to operation and maintenance cost and capital costs evaluation for new construction and retrofit construction. Noise and Vibration: Michael Baker's acoustical I�� �� ..• ,. services include instrument-assisted noise and vibration field surveys,commercial and industrial l stationary sources noise impact analyses, Federal Highway Administration(FHWA)computer modeling of motor vehicle noise impacts for roadway and freeway projects,and rail noise impact analysis. Michael Baker's acoustical staff also evaluates sound insulation performance,manufacturing and industrial noise impact mitigation,building exterior and interior sound and vibration isolation analysis, room acoustics,and s:r prepares General Plan Noise Elements. Services typically provided include technical analysis for NEPA or =dL=__� CEQA documents,or focused studies used in planning and civil design projects. Traffic/Parking/Circulation: Michael Baker emphasizes traffic planning and design techniques to satisfy the requirements of the study site and the adjacent areas. This is accomplished by utilizing any or all of the following external study site traffic analyses. • Traffic Generation • Directional Distribution of Traffic • Access Design Criteria • Traffic Signal Considerations • Adjacent Land Access Needs • Impact on Existing Streets • Evaluation of Alternate Designs • Intersection Capacity Utilization • Vehicle Miles Traveled/SB 743 Michael Baker's goal is to achieve safe and efficient movement of vehicles and plan adequate parking facilities for the projected land uses and economic growth. Pedestrian safety and movement is factored into the overall plan. Currently,Michael Baker utilizes traffic models derived from data collected at peak intervals to capture the current performance of the traffic system and simulate potential need.It should be noted that our scope of services accommodates recent updates to the CEQA Guidelines in December 2018.This scope assumes that further coordination with City staff will be required to determine the appropriate : - Page 15 INTERNATIONAL q On-Call Environmental Assessment (CEQA) Services ►a D115Xi� R F P #12-19 CALIFORNIA Like no place else'" methodology for the analysis of traffic impacts,in light of pending updates to CEQA under Senate Bill 743.Michael Baker anticipates the potential use of vehicle miles traveled(VMT) based thresholds in the environmental compliance documentation. Cultural Resources/Architectural History: The National Historic Preservation Act(NHPA)of 1966 and the NEPA of 1969,as well as a variety of State and local regulations,require planners to consider the effects of federally funded or permitted projects on archaeological and historic properties. Since 1991, Michael Baker's cultural resources specialists have skillfully and efficiently guided clients through the complexity of Section 106 requirements and the NEPA regulatory process. With the recent passage of Assembly Bill 52,Michael Baker's staff is prepared to assist local agencies in California with tribal consultation. Michael Baker's cultural resources specialists are uniquely qualified to meet all of your project needs. Key personnel meet the Secretary of the Interior's Standards and Guidelines,Professional Qualification Standards for History,Archaeology,and Architectural History. Cultural Resources. Michael Baker's Cultural Resources subconsultant(BCR Consulting)has decades of collective experience in the full range of support of clients throughout the United States.This long-term involvement has resulted in thorough knowledge of state and Federal guidelines for cultural resources management.Our archaeologists,architectural historians, historians,and applied anthropologists consistently work with clients to ensure compliance with the interrelated requirements of the National Historic Preservation Act(NHPA), NEPA, Archaeological Resources Protection Act(ARPA), Native American Graves Protection and Repatriation Act(NAGPRA),American Indian Religious Freedom Act(AIRFA),as well as state and local regulations. A.4 Key Staff The Michael Baker Team is prepared to commit its personnel and its resources to serving the City of Palm Springs by providing On-Call Environmental Services. Our team of professionals is well balanced and experienced in working together on many successful projects. The key personnel assigned to this project have functioned in similar responsible positions and have worked on numerous projects together. Project Manager The City of Palm Springs On-Call Environmental Services contract will be managed by Mr. Darren EdgingWn. Mr. Edgington brings more than 20 years of diverse and challenging work experience in environmental and land planning. His broad experience includes project management for CEQA/NEPA and other Environmental Documents,as well as,experience with specific plans and planned development projects and entitlement. Mr. Edgington will provide the day-to-day oversight of any Tasks resulting from this On-Call and will serve as the City's main point of contact for the duration. Following the Project Team's Organization Chart is a matrix providing substantiating information on our Staff's qualifications to provide environmental services to the City. Page 16 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services / RFP #12-19 ab11J�{�1�� CALIFORNIA .JJ Like no place else` Organization Chart 4PAM5 CIR CALIFORN Like no place else:' Christopher Alberts, PLS ; Rameeta Garewal PROJECTMANAGER/CONTRACT Darren Edgington, CEP-IT, LEED AP PROJECTDEPUTY Peter Minegar, CEP-IT " TASK LEADER(S) Darren Edgington,CEP-IT, LEED AP Emily Elliott Peter Minegar,CEP-IT' 'Denotes Key Staff SUPPORTTECHNICAL CEQA I NEPA i GENERAL ENVIRONMENTAL PUBLIC OUTREACH Starla Barker,AICP' Sin Champion Peter Minegar,CEP-IT FLOODPLAIN I HYDROLOGY Emily Elliot Tanya Bilezikjian,PE,QSD/QSP' Renee Gleason,CEP-IT AIR/NOISE I GHG VISUAL RESOURCESMAZARDOUS MATERIALS Eddie Torres,INCE' Kristen Bogue Alex Pohlman,EIT,LEED AP TRAFFIC BIOLOGY I REGULATORY/PERMITTING Carla Dietrich,PTOE Tom Millington' GIS MAPPING Ashley Spencer Kendell Hillis CULTURAL l TRIBAL RESOURCES GEOTECHNICAL David Brunzell' Alan Pace,PG,CEG' BCR Consultants Petia Geotech IN-HOUSEMICHAEL BAKER • Wetland Management Construction Management Highway Engineering Permitting Utility Coordination Public Works Land Use/Site Planning Land Surveying Structural Engineering Urban Design Landscape Architecture Transportation Planning Graphic/Web Design Signal Timing&Coordination Lighting r3aJ £_ 17 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services a 5 xlv� R F P #12-19 CALIFORNIA Like no ploce else'" Key Staff Qualifications Matrix Staff Name I Role Years Education Registrations Availability of Exp Chris Alberts,PLS 1 23 General Studies,South Dakota Professional Land 20% Principal In Charge State University Surveyor, California, 2008, 8508 Rameeta Garewal, 20 M.S., 2002,City and Regional American Institute of 20% AICP I QA/QC Planning,The Ohio State Certified Planners, University 020321 B.S., 1998,Architecture, Green Globes University of Bombay,India Professional,2014 M.B.A.,2018,Business Administration and Management, University of California, Los Angeles Darren Edgington, 29 Certificate,2000, Urban LEED Accredited 75% CEP-IT,LEED AP Planning and Development, Professional BD+C, Project Manager University of California,San California, 2009, Diego 10130203 B.A., 1988,Art/Graphic Design, Certified San Diego State University Environmental Professional In Training, 2015 Peter Minegar,CEP-IT 8 B.S., 2014,City and Regional Certified 45% 1 Deputy Project Planning,California State Environmental Manager Polytechnic University,San Professional In Luis Obispo Training,2015 Graduate Studies, Environmental Management and Policy, University of Denver __ Emily Elliot,AICP 1 6 B.A., 2009,Geography Natural4C-6FW/BLM Flat-tailed 30% CEQA/NEPA Lead Resources Management,San Horned Lizard Diego State University Biologist, 2011 M.U.R.P.,2014, Urban and Regional Planning,California State Polytechnic University, Pomona Starla Barker,AICP 16 M.U.R.P.,2004, Urban and American Institute of 20% CEQA/NEPA Lead Regional Planning,California Certified Planners, State Polytechnic University, 2010,24079 Pomona B.A., 1996, Business Economics, University of California, Riverside Page 18 I N T E R N A T 1 0 N A L On-Call Environmental Assessment (CEQA) Services R FP #12-19 lid tM� fil CALIFORNIA Like no place else.' Staff Name I Role Years of Exp Education Registrations Availability Carla Dietrich,PTOE ( 21 B.S., 1997,Civil and Professional Engineer, 20% Traffic Environmental Engineering, Pennsylvania,2004, Carnegie Mellon University PE0706SS Professional Traffic Operations Engineer,2008, 2468 Professional Engineer, Louisiana,2010, 35480 Tom Millington 6 B.A.,2010, Environmental Wetland Delineator 20% Biological Resources Studies, University of Certification California,Santa Barbara Program,California, 2012 CRAM for Riverine Wetlands-Certified Practitioner, California,2014 David Brunzell 25 M.A., 2002, Register of 20% Cultural Resources Anthropology/Archaeology, Professional California State University, Archaeologists, Fullerton 2002-14 B.A., 1997,Anthropology, California State University, Fullerton Pomona College Field School, 1995,Southern Oregon/Northern California Eddie Torres,INCE 20 M.S., 2005, Mechanical Institute of Noise 20% Air Quality,GHG, Engineering, University of Control Engineering Noise,Visual Southern California B.S.,2000,Mechanical Engineering, University of California, Irvine B.A.,2000,Environmental Analysis and Design, University of California, Irvine Tanya Bilezikjian,PE, 17 M.S.,2001,Civil Qualified Industrial 20% QSD/QSP Hydrology + I Engineering/Environmental, Stormwater University of California, Irvine Practitioner, B.S., 1999,Chemical California, 2017, Engineering, University of 00688 California, Irvine Construction General Permit Trainer of Record,California, 2010 Professional Engineer- Civil,California, 2008,72119 Page 9 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services �rin� RFP #12-19 Like no place else" Staff Name I Role Years Education Registrations Availability of Exp Kendell Hillis I GIS 2 B.S., 2013,Parks Recreation and Certificate, 2015, GIS, 20% Tourism Management, { University of University of South Carolina !; California, Riverside Alan Pace,PG,CEG 31 B.S., 1987,Geologic Engineering, Certified Engineering 40°% Geotechnical Colorado State University Geologist, California,CEG 1952 Professional Geologist, California PG 6229 A.5 Subconsultant Support Michael Baker calls upon specialists in the industry to provide particular services based on their similar project experience, local knowledge and established relationships with the Michael Baker Team and various entities that will be involved in the project. In this effort, Michael Baker is being supported by Alan Pace, Petra Geotechnical Services,and David Brunzell,BCR Consulting(Cultural Resource Services). We have worked with both Petra and BCR on several projects throughout Southern California and welcome them to our On-Call Team of professionals. Petra Geotechnical(Petra) is a geotechnical and environmental consulting firm founded in 1975 GEOTE > as Earth Research Associates,and incorporated in 1988 as Petra.Petra's workforce consists of an interdisciplinary group of professionals including licensed engineers,geologists, environmental scientists,hydrogeologists,technicians,and administrative support staff.Petra's current geographical focus is throughout southern California.To serve their clients efficiently, Petra has strategically positioned their current office locations within,or no further than, approximately 45 minutes from areas of major development.They maintain five offices serving the counties of Orange,San Diego,Riverside,San Bernardino,Los Angeles,and the Desert Region. BCR Consulting,LLC(BCR Consulting)is made up of a highly qualified team of professionals that provide cultural resource compliance services for publicly and BCRCONSULTING LLC privately funded projects pursuant to the California Environmental Quality Act (CEClA),Section 106 of the National Historic Preservation Act(NHPA),and the National Environmental Policy Act(NEPA).BCR Consulting clients are accustomed to receiving excellent results ahead of schedule and within budget limits. Fields of specialization include Archaeology(both prehistoric and historic), Historic Preservation(History and Architectural History), Paleontology,and Geographic Information Systems(GIS). The BCR Consulting team exceeds the Secretary of the Interior's Professional Qualification Standards for cultural resource management. Page 110 �1"Ir'm N. M. INTERNATIONAL CALIFORNIA Like no place else. a v (D o r* rD d a ro - n B . Understanding CEQA Processes Michael Baker _ On-Call Environmental Assessment (CEQA) Services / RFP #12-19 a6iJ ffl CALIFORNIA Like no place else'" Section B Understanding CEQA Processes B.1 Environmental Assessment Services As a leader in the environmental field, Michael Baker offers an extensive array of services associated with environmental compliance and documentation.Michael Baker provides evaluation for the full range of environmental effects for all types of projects.Our award- winning team offers documentation in compliance with environmental laws and regulations including the California Environmental Quality Act(CEQA), National Environmental Policy Act (NEPA),Clean Water Act(CWA), Endangered Species Act,Clean Air Act and other applicable state and federal environmental laws. Michael Baker has prepared over 700 environmental documents on projects including all types of private development projects as well as community-wide plans and programs(General Plans, Community Plans,Climate Action Plans, Downtown Revitalization Plans,etc.).Michael Baker environmental analysts have also prepared numerous specific plans, roadway alignment, infrastructure,and zone change EIRs,as well as various special environmental studies for public works projects.In addition,the Michael Baker Team's familiarity with the Coachella Valley coupled with our wide-ranging environmental review experience,are assets that we offer to the City in order to complete the environmental documentation for your projects. Environmental documents prepared at Michael Baker address the full range of environmental and technical issues,with in house specialists providing technical IDO[a evaluation for traffic and transportation, flood control and drainage,air quality, noise, _ _ - land use,socioeconomics,utilities and _ T services,energy conservation,visual and I . aesthetic effects, relevant planning, hazardous materials, neighborhood and construction effects, landform modification,agricultural suitability and many other environmental issue areas.State-of-the-art computer facilities including Computer Aided Drafting and Design(CADD),ARC/INFO,and specially created computer programs are can be utilized in obtaining the highest level of technical completeness and efficiency.We understand that the goal of the work is to produce high quality environmental reports that meet all state and federal regulations;that the documents thoroughly cover all aspects of each project in a clear and concise manner.To build such documents requires more than just technical expertise and experience with environmental regulations and process; it requires technical expertise in the kinds of processes involved,the physical environment and in technologies that drive the reasonable range of alternatives.It also requires specialized expertise in areas of particular environmental concern in order to supply the best analysis of potential impacts. This RFP is for the purpose of establishing a list of qualified environmental consultants that would be used in the future by the City when they have specific projects that require environmental services.Once an actual project surfaces,Michael Baker would develop a work plan,schedule and project team tailored to the specific needs of the project.While project approach and requirements would vary,below we have outlined our approach with three basic components common to virtually all projects—project initiation,information gathering,and management,and meetings and coordination.In addition,we have provided two sample work Page � 11 INTERNATIONAL n �riw� On-Call Environmental Assessment (CEQA) Services �� RFP #12-19 Like no place else'" plans-one for a Mitigated Negative Declaration and one for an Environmental Impact Report— to demonstrate our approach and methodology for projects that would involve this type of environmental documentation. 1.Project Initiation&Scoping Once a project is assigned,a kick-off meeting would be held between the City,the applicant and Michael Baker in order to understand the issues at hand.The kick-off meeting also provides an opportunity to identify existing information that is already available.Such information may include prior permit approvals,as-built plans,operation and maintenance plans or past technical studies.In short,the information gathering seeks to lower costs by not having to "recreate the wheel."The kick-off meeting is also an opportunity to discuss the project in greater detail,including the approach and alternatives for the design,construction and/or operations and maintenance of the proposed project,as well as,time constraints. The initiation phase of a project is vital to the success of the environmental process and will be a key milestone in order to confirm the parameters of the analysis,the construction,operations, and maintenance requirements, key assumptions, known regulatory conditions,scheduling and overall communications strategy. Prior to the kick-off meeting,the Michael Baker Team will distribute a kick-off meeting agenda and detailed list of information needs.It is important in the initiation phase to identify key project issues,anticipated mitigation requirements and a strategy for addressing both direct and indirect project impacts.The overall objective of the mitigation strategy would be to develop effective, legal and enforceable measures that are consistent with City,state,and federal standards,requirements and policies,and supportive of sustainable principles and practices.Based on the project information obtained at the kick-off, the Michael Baker Team will draft a preliminary project description for review and approval by the City. 2.Information Gathering A Collect and Review Existing Data Michael Baker project team members are intimately familiar with the region from extensive past work within the area as demonstrated in Section C—References and Experience. Michael Baker will collect and review existing data and reports, both published and unpublished to describe the existing conditions and setting of the project site and surrounding areas. B. Field Review and Reconnaissance As a part of the early scoping for the project, the Michael Baker Team will conduct a field study of the site,reviewing existing land use and environmental conditions,and take site photos to record on-site and surrounding uses. C. Research and Investigation The Michael Baker Team will obtain and review available data for the project,as well as policy documentation from the City as well as involved State,and Federal agencies,and other agencies and/or stakeholders which may be affected by the project.In some cases where state or federal agencies are involved with permitting or other approvals,upfront meetings may be desirable to better understand agency concerns and Page 112 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services R F P #12-19 Its b�l CALIPORNIA Like no place else" requirements.This information,along with environmental data and information available from the City,will become part of the foundation of the environmental documentation and will be incorporated into the analysis, as deemed appropriate. 3. Meetings, Management,and Coordination A. Project Meetings and Coordination To meet schedules for assigned projects,this approach assumes a high level of project management and coordination of the project team.This assumes on-going calls and coordination with members of the City staff to obtain information,guidance and approval on elements of the proposed project as it is being developed and reviewed.This task also includes coordination with City staff to answer any questions or follow up on any items necessary to obtain for approval of the environmental documentation.On-going project management from Bob Prasse and others on the Michael Baker Team will occur throughout the process to ensure timely completion of products,coordination of meetings,and discussion of relevant issues or concerns with the City,or other involved agencies as needed. B. Public Meetings and Hearings The Michael Baker Team would assist the City in conducting public meetings and hearings for future environmental documents,depending on the needs of a specific project.These may include scoping meetings to help define project parameters and public hearings in response to regulatory requirements.The Michael Baker Team will assist the City in preparing and conducting meeting presentations that could include,among other things depending on project specifics,outline the project description,the environmental setting,the project objectives,the methodology used for evaluating impacts,a description of the anticipated significant impacts, and proposed mitigation measures. Depending on the nature of a given project and City direction,Michael Baker would develop presentation materials, provide meeting facilitation, prepare meeting notes and provided other types of support as needed. 4. Sample Workplans for IS/MND's(or ND's) and EIR's IS/MND Some routine or minor activities may be exempt under CEQA.At the outset of each project Michael Baker staff will assess whether there is an opportunity to qualify a project as Categorical Exemption or Statutory Exemption,which typically is a much simpler and quicker process under CEQA. Michael Baker will document the nature of the project activities and the rationale for the exemption for the City's administrative record.As needed,the Michael Baker Team will prepare an IS/ND or IS/MND to determine whether the project will have a significant effect on the environment.The IS/MND will contain a description of the project,the project location,and a description of the environmental setting of the proposed project site.The document will include an Initial Study Checklist per CEQA Guidelines Appendix G,as well as brief explanation of the significance determination,based on information obtained from the technical studies provided by the City and from preliminary investigation into local,state and federal plans,policies and regulations. A. Preparation of Administrative Draft IS/ND or IS/MND The Michael Baker Team will prepare the Administrative Draft IS/ND or IS/MND, using a City- approved CEQA checklist.This document will reflect site plans,technical studies prepared for ( the proposed project,and any additional information gathered during our research and Page 113 1 N T E R N A T 1 0 N A L On-Call Environmental Assessment (CEQA) Services �rl� R F P #12-19 CALIFOR Like no place else'" investigation.The Administrative Draft IS/ND or IS/MND will be submitted to the City for review and approval. The environmental topics that would be discussed,in accordance with the CEQA guidelines, would include the following: • Aesthetics • Agricultural and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services and Utilities • Recreation • Transportation/Circulation Common mitigation measures to reduce impacts include roadway widenings,signalization of intersections,pre-construction surveys for sensitive species,avoidance or conservation of wetlands and other sensitive habitats,design/construction measures to improve reduce energy use for buildings, remediation of recognize environmental conditions(REC's)including the removal of lead-based paint and asbestos-containing materials from older(Pre 1979)buildings. Michael Baker will work closely with the City to develop mitigation strategies tailored to project specifics to reduce and minimize potential impacts in the most sustainable,efficient and cost- effective manner possible. B. Preparation of Draft IS/ND or IS/MND The Michael Baker Team will respond to one consolidated set of comments from the City. Once comments have been made,the Michael Baker Team will submit a"check copy" Draft IS/ND or IS/MND for City review/approval.Final revisions will be made based on any additional comments and the Draft IS/ND or IS/MND will be prepared for publication and transmitted for the 20-day(or 30 days if submitted to the State Clearinghouse)public review period.The Michael Baker Team will also prepare the Notice of Intent(NOI)and post the NOI at the City Clerk's office.The Michael Baker Team will distribute the document according to a mailing list provided by the City with a cover letter. C. Finalization of the IS/ND or IS/MND The Michael Baker Team will strategize with the City for responses and will draft responses to IS/MND comments received during the public review period.The Michael Baker Team will prepare a comprehensive Mitigation Monitoring and Reporting Program(MMRP)for the Final IS/ND or IS/MND.The MMRP shall be prepared in pursuant to Public Resources Code Section 21081.6 and would incorporate both monitoring by the City and reporting by the developer, with subsequent report verification by on-site inspection,if necessary. In addition,the Michael Page 114 1 N T E R N A T 1 0 N A L On-Call Environmental Assessment (CEQA) Services RFP #12-19 Pa6h� CALIFORNIA Like no place else:' Baker Team will assist City staff in the preparation of staff reports and resolutions and will prepare and post the Notice of Determination with the County Clerk and OPR. ENVIRONMENTAL IMPACT REPORT If an IS is prepared and there is a finding that a significant impact would occur with the proposed project and mitigation measures may not reduce the impacts to a level that is not significant,an Environmental Impact Report(EIR)would be required. An EIR may be prepared directly(without preparation of an IS)where it is clear that a project would have potentially significant impacts. The following describes the tasks that need to be completed for an EIR. A. Project Initiation Meeting The Michael Baker primary project team members will meet with City staff to discuss the project. At this meeting,it is assumed that the Michael Baker project team would be provided with a completed Environmental Information Form. B. Initial Study/Notice of Preparation The Michael Baker project team will prepare a Draft IS/Notice of Preparation(NOP) in accordance with Section 15063 and 15082 of the CEQA Guidelines. An environmental checklist, which is located in the CEQA Guidelines,will be completed, including the provision of a brief narrative discussion of each environmental topic. Documentation I the IS will define which issues need to be further addressed in the EIR. Adequate documentation of the project's effects on each environmental issue that does not need further analysis in the EIR will also be provided. The environmental topics that will be discussed in the IS/NOP would include: • Aesthetics • Agricultural and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services and Utilities • Recreation • Transportation • Tribal Cultural Resources • Utilities/Service Systems • Wildfire • Mandatory Findings of Significance The Draft IS/NOP will be submitted to the City for review and comment. Michael Baker will revise the Draft IS/NOP based on the comments and submit a Final IS/NOP. After the City provides authorization, Michael Baker will print and distribute the Final IS/NOP to interested agencies and persons. Page 115 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services vo IMNIA�V,14 5 RFP #12-19 CALIiOR like no place else'" C. Administrative Draft EIR The Michael Baker project team will prepare the Administrative Draft EIR in accordance with the CEQA Guidelines. Michael Baker will prepare the project description,executive summary, existing conditions,individual and cumulative impacts,mitigation measures,significant unavoidable impacts,alternative analysis,growth inducing impacts,list of preparers,list of agencies and organizations consulted,and appendices. The environmental topics that may be discussed may include those identified under Task B above,although discussion may be focused to issue areas not screened out as less than significant by the IS. A host of technical studies is typically needed to support the analysis in the EIR.These technical studies would be prepared as part of the Administrative Draft EIR and the Draft EIR. The EIR would include a summary of the technical documents prepared for the proposed project. D. Draft EIR Michael Baker will coordinate with the City project coordinator who will assemble comments on,and suggested revisions to,the revised Administrative Draft EIR. Michael Baker assumes one set of unified comments from the City will be provided. Michael Baker will revise the Administrative Draft EIR based on the comments and submit a"proof check"Draft EIR and a draft version of the NOC to the City for review. After the City provides authorization, Michael Baker will print and distribute the Draft EIS to interested agencies and persons. Michael Baker will file the NOC with the county clerk and OPR.This filing will commence a minimum 45-day period for public review. E. Draft Responses to Comments/Findings/MMP Michael Baker will prepare written responses to comments received on the Draft EIR that raise significant environmental issues. The responses to comments will be in accordance with Section 15088 of the CEQA Guidelines. Michael Baker will also prepare draft versions of the MMRP in accordance with Public Resources Code 21081.6,and the written findings as required by Section 15091 of the CEQA Guidelines and the Statement of Overriding Considerations in accordance with Section 15093 of the CEQA Guidelines. The draft versions of these documents will be submitted to the City for review and comment. F. Final EIR/Notice of Determination Michael Baker will coordinate with the Citys project manager who will assemble comments on, and revisions to,the draft versions of the responses to comments, MMRP,and written findings/statement of overriding considerations. Michael Baker assumes one set of unified comments from the City will be provided. Michael Baker will revise the draft documents and final versions of them to the City for review. After the City provides authorization,Michael Baker will print and distribute the final responses to comments to interested agencies and persons.After project approval, Michael Baker will file the NOD with the county clerk and OPR. B.2 Quality and Budget Control The control of budgets,while at the same time maintaining quality control and adhering to project schedules,has never been so important given today's volatile economy.Michael Baker understands that public and private revenues have decreased from past economic downturns, and prudent stewardship of client resources is a must.Michael Baker's ability to effectively plan and organize a project is supported through the use and implementation of a variety of tools (planning,organization and quality control)and procedures that begin during the proposal Page 116 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services RFP #12-19 VGAm1 NSAr(m� GALIFOR like no place else" phase.These tools,along with Michael Baker's experience with environmental and regulatory on-call projects lead to on-time and on-budget project deliveries of quality products. A projects cost and schedule benefits from the synergistic relationship among Michael Baker's engineering, regulatory and environmental services.Our cross-trained analysts ensure that a project description identifies all technical information that is required to effectively implement a project.This not only leads to a comprehensive project description, but it increases consistency between the environmental document and permits and entitlements.This consistency eliminates confusion during the permit process and leads to successful certification and issuance of project permits. 1I11�FC11 PROCESS Michael Baker utilizes Oracle,which provides detailed cost control reports for JXOEtl'AXOIX4 Of I AKA E, IL c X4l[A41S project assignments.This system provides reports that are organized by labor accounts and task codes to show each type of deliverable or activity for a project. In addition,a cost system has been integrated which process reports for various levels of accounting functions.The most detailed report identifies man-hour expenditures by task,by labor account,and by discipline. More summary-level reports may be produced which identify man-hour and labor dollar expenditure by discipline.This system can be utilized for any type or size of assignment and not all the system must be employed to obtain the desired results. Michael Baker captures labor costs through weekly timecard entry and posting.Our accounts QUALITY payable department enters direct expenses on a daily basis(i.e.,vendor invoices,sub PRODUtt consultant invoices,employee expense reports).The Project Manager,on a weekly or monthly basis,dependent upon project size, reviews all project costs.The Project Manager determines if all costs are appropriate for billing and submits a mark-up invoice to the project accountant to prepare a monthly invoice to the client. In order to ensure a high level of quality is attained for work products,the Michael Baker Team will operate under a quality management system.The quality management system is a continuous process used not just at project milestones, but also on a daily basis as work flows from desk to desk,discipline to discipline,and consultant to client. For environmental projects key elements include: • Specific Quality Control Plan • Independent"Over the Shoulder" Review Throughout Environmental/Regulatory Process • Overall Project Manager Supported by Permanent Teams • Network Management System/Filing • Open Client Communication Channels • Project Coordination Meetings/Conference Calls • Weekly Personnel Scheduling and Budget Administration • Quality Assurance Program Recognizing the consultant's responsibility for the accuracy and completeness of the analysis and other documents, Michael Baker is dedicated to its established program of strict quality assurance and control.This program assigns specific individuals to,and defines the requirements for quality control activities. A. Review of Deliverable Items to the City All submittals to the City will meet the project schedule agreed to by the client and will comply with the standards and procedures established by the City for the development of the CEQA checklist and permit applications.Each deliverable item will be developed,checked, revised,and - Page 117 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services Ya t��rivt� RFP #12-19 Like no place else'" verified through a continuous process prior to submittal.The Project Manager and Task Managers will perform a complete quality control review of the analyses, plans,applications and costs. B. Quality Assurance The Project Manager will be responsible for providing an on-going review for quality assurance and quality control. C. Scheduling Software Michael Baker utilizes Microsoft Project for environmental and regulatory project scheduling. Microsoft Project offers the ability to plan, build,and track tasks associated with each project. Schedules are routinely submitted to the client starting at the proposal phase and throughout the work effort. Michael Baker includes the following key topical areas in each project schedule:task number, task description,task percent complete,start date,end date,and task predecessors when applicable. B.3 Communication Plan Key to our success is our persistent focus on meeting client objectives,coupled with our commitment to clear and frequent communication on all aspects of a project to ensure that a mutual understanding of such objectives is maintained throughout the life of a project.We are well aware that objectives,issues and conditions may change as a project progresses—new issues may arise, project characteristics may change,or other unforeseen events can ++ crop up.Close communications on a regular basis allows project team members to effectively respond to new issues and changing conditions,before they become bigger problems. We understand „` our role as a service organization and the fact that good communication will result in a successful project. Specific ways we will facilitate communication are: • Meeting Minutes:Michael Baker has implemented a process of recording minutes for formal meetings for all projects that involve other consultants or agencies. • Monthly Reports: Michael Baker has developed and implemented a process of monthly email reports for all active task orders.These reports are sent to the Project Manager and indicate tasks performed in the current month,planned activities for the following month and budget information. • Filing: Michael Baker maintains an extensive filing system for each of our contracts.All incoming and outgoing correspondence is logged for ease of document retrieval.All deliverables are copied to digital storage device and stored in the files along with a submitted original copy in word processing and portable document formats. • In-House Project Team Meetings/Coordination:The Project Manager will hold regular in- house project team meetings with Task Leaders to discuss staffing needs and project schedule and budget status.These in-house meetings serve as a forum for regular communication within the entire Michael Baker Project Team that fosters development of a cohesive teamwork environment and builds accountability within the Project Team. Page 118 I N T E R N A T 1 0 N A L On-Call Environmental Assessment (CEQA) Services RFP #12-19 at5 VV4 CALIFORNIA .J Like no place else' Project Communication/Documentation:One critical element for a quality project is to carefully document project decisions and direction,and the general project development history. Preparation of clear,concise letters and e-mails, meeting minutes and action item resolutions avoid costly re-direction that could also have an impact on the project schedule. B.4 Desert Environment EIR Example The project we have selected as an example of an EIR carried out in a desert environment is the La Entrada Specific Plan EIR,which was adopted by the f, City of Coachella in December 2013. A full description of this project is provided in Section C of this proposal (See"Relevant Environmental Documentation Projects in a Desert Environment"). Information responsive to the RFP is provided below A. Responsiveness and Attentiveness to Client Needs Michael Baker met extremely aggressive schedules to prepare the Specific Plan and supporting engineering studies,for this 2,200-acre high-profile project in the City of Coachella. Michael Baker was asked by the City to step in to prepare'the Final EIR(Draft EIR prepared by another firm). Within a few weeks,starting from scratch,Michael Baker assembled a diverse technical team, reviewed DEIR comment letters,assigned key issues to technical experts,and prepared Responses to Comments,Errata,Mitigation Monitoring Program,and CECW Findings,all within four weeks of the initial client meeting. The Final EIR was successfully completed in time for Planning Commission and City Council hearings and approvals. B. Creative ability Michael Baker rapidly mobilized a full range of technical experts to address multiple policy and technical issues identified in DEIR comment letters.Our rapid-response approach was possible due to our expertise,familiarity and experience with large scale projects in a desert environment,and our ability to work quickly together as a team. C. Knowledge and Understanding of latest CEClA requirements DEIR comments required thorough understanding and response to such issues as Greenhouse Gas Emissions(comment letter from Eugene Wilson),project and cumulative traffic scenarios and mitigation(baseline,fair share,Caltrans highway impacts, mitigation of impacts in other jurisdictions),Native American consultation,CVWD flood control facility sizing and maintenance, seismic hazards,County cumulative traffic impact mitigation,agricultural land loss,off-site infrastructure,alternatives,and growth-inducing impacts. Michael Baker assisted City staff in preparing all required Final EIR noticing. D. Analytical capability Michael Baker was able to step in and complete the Final EIR in rapid fashion due to our comprehensive in-house technical expertise,which includes air quality,greenhouse gas emissions,noise,visual impacts,flood control,FEMA mapping,water quality,traffic impact analysis,non-vehicular circulation,landscape architecture,biological resources, regulatory permitting,structural engineering,civil engineering(wet/dry utilities,grading), water/wastewater,Water Supply Assessments,LAFCO requirements,agricultural LESA analysis, hazardous materials, urban design, policy planning,sustainable design(SMART Streets,main street planning),GIS, Media/Web services, public outreach,site planning,and other required Page 119 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services �a!,j riUl R F P #12-19 CALIFORNIA Like no place else'" studies. Michael Baker only requires subcontracting to a geologist and a cultural resource specialist. E. Oral and written communication skills Michael Baker prepared the Specific Plan in a user-friendly fashion for this complex master- planned development. Michael Baker prepared all final CEQA documents,drafting sensitive language for a potential litigious project,for City and applicant review. Michael Baker participated in the Final EIR hearings providing expert testimony,and routinely prepares hearing presentations. F. Interaction with client's organization,i.e.,other divisions and personnel Michael Baker earned the City and applicant's trust through successfully completing the Final EIR in record time and under difficult conditions,working closely with City planning,City engineering,City Manager,City attorney,outside legal counsel(water supply),and the applicant's team of engineer,architect,geologist,and attorney. G. Sensitivity to funding constraints Michael Baker has provided key technical assistance to the client and City through preparing CEQA/NEPA documentation for a federally-funded interchange,as well as strategize on funding and CEQA/NEPA compliance for two Bureau of Reclamation facility crossings. Page 120 INTERNATIONAL U CALIFORNIA Like no place else. alrn Springs rD _* o z n m x :3 rD m r. N =3 n C . Project Experience with References Michael Baker _ _ On-Call Environmental Assessment (CEQA) Services RFP #12-19 CALIFORNIA Like no place else Section C Project Experience with References C.1 References Client Contact Phone Number County of San Bernardino Terri Rahhal, Planning Director 909/387-4518 City of Eastvale Bryan Jones,City Manager 951/361-0900 City of Temecula Scott Cooper,Associate Planner 951/506-5137 County of Riverside Phayvanh Nathavongdouangsy 951/955-6573 Principal Planner City of Fontana DiTanyon Johnson,Senior Planner 909/350-6678 C.2 Representative Projects Michael Baker's Riverside/San Bernardino Counties On-Call Contracts Client Disciplines Involved Agreement Value Contract Contract I I Beginning Date Ending Date Banning,City of i Grant Writing 12/1/2018 2/1/2020 Caltrans District 7 Survey $ 175,000.00 f 1/27/2018 1/27/2021 Caltrans District 8 Civil $ 500,000.00 j 1/1/2017 1/1/2021 Chino Hills,City of Planning 6/30/2019 Coachella Valley Water Civil,Planning,Survey, $ 455,000.00 1/1/2018 12/31/2019 District Environmental,Geotech, Water,Wastewater, Stormwater Corona,City of Survey,Civil Delta Conveyance/Design Surveying,Mapping, Right of $ 8,000,000.00 2/15/2019 2/14/2026 &Construction Agency Way and Title Engineering (DCA) EMWD Water(Category 1 Pipeline 12/20/2018 Services) EMWD Survey(Category 1 Field/Construction Survey Services) EMWD Electrical(Santa Ana) 4/1/2017 3/31/2019 EMWD Surveying&Right of Way $ 350,000.00 11/1/2017 10/31/2019 Engineering Hemet,City of Civil,CM 6/28/2016 6/28/2017 Moreno Valley,City of Environmental Moreno Valley,City of Environmental $ 10,000.00 3/1/2019 3/1/2020 Moreno Valley,City of Civil $ �10,000_00 3/1/2016 3/1/2019 Moreno Valley,City of Survey 3/1/2016 3/1/2020 MUD Survey 6/8/2016 6/8/2021 Ontario Airport Survey 3/1/2018 3/31/2021 Palm Desert,City of Survey $ 100,000.00 4/1/2018 6/30/2020 Palm Springs,City of Environmental �i $ 50,000.00 7/1/2018 7/1/2019 Page 121 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services et NIA 5 t4t4 RFP #12-19 CALIFOR Like no place else'" Noff Disciplines Involved Agreement Value Contract Contract I Beginning Date Ending Date Pomona,City of CM,Civil,GIS,Water N/A 11/1/2017 11/1/2020 POWER Engineers,Inc. Stormwater $ 400,000.00 6/30/2016 6/30/2019 Rancho Mirage,City of Civil and Survey $ 24,800.00 2/8/2016 10/31/2019 Redlands,City of Planning $ 150,000.00 1/19/2019 1/14/2020 ' Riverside County Planning 1/7/2014 6/1/2019 1 Riverside County Planning, Environmental $ 700,000.00 12/13/2016 12/13/2021 Riverside County Flood Hydrology/Hydraulics, $ 1,500,000.00 7/1/2018 6/30/2022 Control Structural,Environmental, Biological,Watershed Protection,Development Plan Check, Riverside County Stormwater $ 450,000.00 7/1/2018 6/30/2021 Transportation and Land Management Agency Riverside County Right of Way Engineering& 5/27/2014 4/30/2019 nat ion and Land Surveying Management Agency Riverside County Transportation $ 450,000.00 6/30/2019 Transportation Department(RCTD) San Bernardino County $ 625,000.00 1/29/2019 1/28/2024 San Bernardino County $ 1,000,000.00 1/29/2019 1/28/2024 San Bernardino County Civil,Structural,Hydrology/ $ 2,000,000.00 1/1/2019 12/31/2024 Hydraulics,Transportation San Bernardino County Survey $ 370,000.00 7/18/2018 7/18/2023 San Bernardino County Civil $ 2,450,000.00 7/18/2018 7/18/2023 San Bernardino County Planning,Environmental $ 10,000.00 1/1/2016 12/31/2019 Land Use Services San Bernardino Survey 4/16/2018 T International Airport Authority-sub to Burns McDonnell San Bernardino Municipal CM,Water $ 171,860.00 8/23/2018 8/23/2020 Water Department Southern California Edison Stormwater $ 2,000,000.00 3/30/2018 3/30/2020 Company Southern California Edison Stormwater $ 6,500,000.00 3/1/2017 3/1/2020 Company Southern California Edison Surveying $ 2,000,000.00 ;i10/1/2018 10/31/2021 _Company I Southwest Gas water quality and $ 284,000.00 3/21/2011 3/31/2019 environmental Temecula,City of Civil,Survey,Env $ 200 000.00 5/15/2018 5/15/2019 West Valley Water District Water,CM,Survey $ 250 000.00 8/3/2017 8/3/2019 Western Riverside Council Planning $ 100,000.00 7/3/2017 6/20/2019 of Governments(WRCOG) 22 I N T E R N A T 1 0 N A L On-Call Environmental Assessment (CEQA) Services RFP #12-19 a6t1���l�y CALIPORNIA Like no place else" Representative Projects Michael Baker prepared an Addendum to the previously certified 2002 Final Environmental Impact Report and 2008 Supplemental Environmental Impact Report _1 , for the Victoria Gardens t° ' Specific Plan. The proposed Modified Project would reconfigure the exterior public rirt courtyard within the northerly portion of Victoria Gardens to include a stage with lighting, audio,and video equipment,temporary and permanent seating,and overhead shade. The project would also include ancillary improvements at and surrounding the public courtyard area, including landscaping,seating and activity areas,and architectural features. Key environmental analyses included the project's potential to result in impacts related to aesthetics/light and glare,air quality,greenhouse gas emissions,biological resources,cultural resources,public services,transportation/circulation,and noise impacts for construction and operations. The Addendum EIR concluded that the proposed project modifications would not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Day Creek Square Project Biology Peer Review City of Rom Michael Baker was retained by the City of Rancho Cucamonga to conduct a peer review analysis of the Applicant-prepared technical analysis and conclusions contained within the Biological �- i Habitat Assessment,Kangaroo Rat Focused Survey,Delhi Sands Flower-Loving Fly Focused Survey,and Gnatcatcher Survey for the Day Creek Square Project. The project involves a 32-acre vacant lot located at the southwestern corner of Baseline Road and Day Creek Boulevard, proposed II,� for residential development. The review was to I focus on the methodology and conclusion based on standard practices and existing resource agency protocol. Michael Baker performed site reconnaissance to confirm the findings of the Applicant-prepared studies,and generated a letter report summarizing the results of the review for the City and Applicant's use. 1,PRINIT M. Page 123 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services 4 l t1 RFP #12-19 �rim� Like no ploce else." ! '• • !{saeas a Michael Baker prepared an Environmental Impact Report(EIR)for an approximate 10- acre industrial/warehousing project within the City of Rancho Cucamonga. The site is located at the former Biane Winery,which was originally constructed in the early 1900s. The project would consist of the demolition of existing winery facilities and the construction of an approximate 240,000 square-foot industrial/warehousing structure. Primary issues analyzed within the ,x EIR included cultural/historic resources(since the former Biane Winery has been determined to be eligible for the National Register of Historic Places);air quality and noise,for both construction and long-term operation of the project; aesthetics,due to the construction of an industrial/warehousing structure nearby sensitive receptors,and the demolition of a long-standing winery facility;and traffic,due to potential increased trips on local roadways. ProjectCarrari Ranch Michael Baker assisted the City of Rancho _ Cucamonga with preparation of an EIR for the Carrari Ranch Specific Plan. The Carrari Ranch project site is located at the foothills of the San _- Bernardino Mountains,adjacent to the San _ - Bernardino National Forest. The project ' proposed to annex approximately 342-acres ! within the City's Sphere of Influence into the ; City's incorporated area. A portion of the 342-acre project site was proposed to be developed with 107 single- i family residential units, requiring a general plan , amendment and development district amendment. Primary issues associated with this controversial project included biological I resources,due to the undeveloped hillside _°_ --= �- -- -- -- — — conditions of the project site;air quality and noise for both construction and long-term operations;traffic generation on local roadways; public safety,due to the site's mountainous terrain and potential wildland fire hazards;and aesthetics,in consideration of the sensitive hillside nature of the project site and impacted viewpoints. Page 124 rIM"IF M. INTERNATIONAL On-Call Environmental Assessment (CEQA) Services q RFP #12-19 lab►i�1f� h CALIFORNIA Like a place else'" Environmental Son Bernardino County, Michael Baker has provided on-call planning and environmental to the San Bernardino County Land Use Services Department as a prime contractor.Services have included preparing CEQA documents,Community Plans,a full suite of technical reports(biology,air quality including health risk assessments,noise and traffic analysis), mitigation monitoring programs, environmental findings,public involvement reports.We have supported a wide variety of projects throughout the County. Slover Business Center I Bloomington-Michael Baker provided environmental services for the development of a warehouse project in the Bloomington Community. Michael Baker's services included the preparation of a focused environmental impact report to satisfy California Environmental Quality Act requirements.Michael Baker also peer reviewed applicant-provided technical studies and performed greenhouse gas and health risk assessments.Key environmental concerns included air quality impacts on residents and schools,and neighborhood traffic impacts. Ord Mountain Solar EIR I Lucerne Valley—Michael Baker is preparing CEQA documentation for a proposed solar plant and SCE substation in the desert region of the County. Michael Baker is conducting scoping, peer review of applicant provided studies,and preparing a comprehensive EIR for this controversial project.Primary areas of concern are aesthetics,land use compatibility,and impacts to a wildlife corridor. Bloomington Industrial Facility I Bloomington-Michael Baker provided environmental services for the development of a warehouse project in the Bloomington Community. MOM" Michael Baker's services included the preparation of a focused environmental impact report evaluating air quality,cultural resources,greenhouse gasses, land use,hazardous materials,and transportation to satisfy CEQA • • requirements. Michael Baker also peer reviewed applicant-provided technical iri3liv �•tr. _.+•i..rd'-..a�a...'�I+�l�l-��Ic, studies and performed greenhouse gas and health risk assessments. Environmental concerns included the presence of historic age structures to be demolished,air quality impacts on residents and schools,and neighborhood traffic impacts. SkyPark at Santa's Village I Skyforest-Michael Baker provided environmental services for the redevelopment of an existing amusement park(Santa's Village)project in the Skyforest Community. Michael Baker's services included the preparation of a A, focused environmental impact report evaluating aesthetics,Agriculture and Forestry Resources,Air Quality, Biological Resources,Cultural Resources, a Geology and Soils,Greenhouse Gas Emissions,Hazards and Hazardous Materials,Hydrology and Water Quality, Land Use and Planning,Mineral Resources, Noise, Population and Housing,Public Services,Recreation, Transportation and Traffic, Utilities and Service Systems,and Cumulative Impacts to satisfy California Environmental Quality Act requirements. Page 125 INTERNATIONAL q / On-Call Environmental Assessment (CEQA) Services e4 ll NIA J t4� RFP #12-19 CALIFOR Like no ploce else'" Environmental ••• Services City of Fontano, Michael Baker provides Environmental Support Services to the City of Fontana through an on- call contract on an as needed basis. Key projects include: 1-15 Logistics EIR-Michael Baker is preparing an EIR for the annexation of 149-acres north of 1-15 and west of Sierra Avenue.The GI project also includes the development of a Logistics facility and the realignment of Lytle Creek road, including a new intersection with Sierra ' Avenue. Michael Baker conducted project scoping including preparation of n 7" `. an NOP, Initial Study,and conducting of a scoping meeting.Michael Baker is / preparing key technical studies including biological resources ; focused studies,air quality,greenhouse gas, health risk assessment, noise,traffic studies.A comprehensive EIR is being prepared to satisfy both City and LAFCO requirements under CEQA. .., ` San Sevaine Trail ISMND- Michael Baker is preparing an Initial Study/Mitigated Negative Declaration for the proposed San Sevaine Trail project.The project involves the construction and operation of a 1.25-milelong Class I bike and pedestrian trail(multi-use k, trail),along the San Sevaine Channel between Banyan Street and the Pacific Electric Trail within the Cities of Fontana and Rancho Cucamonga.The existing alignment is occupied by an asphalt maintenance road that would striped and signed to create the 12-foot-wide i multi-use trail.The project would be constructed entirely within the San Bernardino Flood Control right-of-way. LogisticsWest Valley • City of •n to n• Michael Baker prepared an EIR for the West Valley Logistics Center Specific Plan located in southeast Fontana.The proposed West Valley Logistics Specific Plan consists of approximately 145 net acres of industrial use and approximately 153 acres of open space. Industrial buildings would range in size from approximately 100,000 square feet to over 1,000,000 square feet. Infrastructure improvements are also proposed as part of the project, including street,water, sewer,and storm drainage improvements. Major environmental issues addressed in the EIR include air quality, noise,traffic,aesthetics,biological resources,geological resources,hydrology and water quality,and public services and utilities. Comprehensive Planning • Environmental City of • • - Michael Baker provides comprehensive planning services to the City of Eastvale,a recently incorporated City in Western Riverside County. Michael Baker serves as the City's planning staff, providing current and advance planning processing,counter staffing,facilitating Planning Commission meetings,plan review,preparing staff reports, participating in City functions,CEQA compliance and review,coordinating consultation with Tribes on SB18 and AB52,coordinating Page 126 I N T E R N A T 1 0 N A L On-Call Environmental Assessment (CEQA) Services R F P #12-19 Va 4M CALIFORNIA Like no place else` with the RCA on the Western Riverside County MSHCP,as well as special projects such as developing the City's Economic Development website.The Planning team routinely coordinates with the City Manager,City Attorney, Public Works team,and other key staff at the City. Project Examples include: Eastvale Crossings—project involves the development of a WalMart shopping center.Staff processed the project application,conducted plan review,and oversaw the preparation of an EIR to satisfy CECIA. Goodman Business Center—project involves the development of an industrial and business park.Staff processed the project application, Ate, `,r �' conducted plan review,and oversaw conditions of approval for this — M ;_ . phased project. Form � P me, The Campus—project involves the development of an 4 Industrial Park.Originally processed by the City,the Baker team processed an application to modify the originally approved project.An EIR Addendum was prepared to evaluate the changes to { the project. Costco—project involves the development of a new commercial shopping center.Staff work to efficiently review and process project plans in time for a fall 2018 opening. Lewis Retail Center—project involves the development of a new retail center,and municipal center including a government center and library.Staff is coordinating with the developer to process the appropriate entitlements, peer review technical reports,and overseeing the preparation of an EIR. Milliken Distribution Center—project involves the development of a new warehouse in the northern portion of the City.The planning team is processing the project entitlements, coordinating with the RCA regarding potential impacts to Delhi sand flower-loving fly, conducting AB52 consultation,and preparing an IS-MND to satisfy project CECW requirements. SpecificSouthwest Industrial Park City of • • • Michael Baker prepared a Specific Plan Amendment and Program EIR for the Southwest Industrial Park Specific Plan in the southern portion of the City of Fontana.The City embarked on a comprehensive update to the existing Specific Plan(previously adopted in 1983).Through this process, Michael Baker assisted the City with the preparation of an opportunities and constraints analysis,market study,preparation of land use concepts.As envisioned by the City, the proposed Specific Plan would encompass 3,161 acres of property. Part of the expansion of the original project area has been the result of annexation of land from San Bernardino County. Upon completion of the project,the City will have annexed approximately 1,318 acres of land previously under the County's jurisdiction.Issues of particular concern include lack of infrastructure,non-conforming land uses,irregular lot sizes,and lack of cohesive land use patterns and designs. In addition to this work effort, Michael Baker's subconsultant prepared a fiscal impact analysis,which will assist the City in effectively implementing the Specific Plan in Page 127 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services �rm� RFP #12-19 Like no place else'" the future and maximizing City benefit of the development expected to occur as a result of the project. Michael Baker prepared a traffic impact analysis for the Fontana Southwest Industrial Park Specific Plan iJ Project in City of Fontana.The 3,112-acre Specific •l Plan will guide future development and 1_ redevelopment into commercial,industrial,and ^ f -' M residential land uses.Just south of Interstate 10, r the project site affects intersections and roadways in multiple jurisdictions,as well as State Route 215 ""„r and State Route 60.The proposed Specific Plan identifies 10 Districts where land use planning is refined to help guide future development in a cohesive manner.Traffic generation forecasts accounted for the variety of dynamic land uses assumed and adjusted all traffic data for effects - - related to heavy vehicles.To adequately — accommodate forecast traffic,improvements were -- recommended at intersections and roadways —� nearby.The structure of a fee program was a _ identified in the study to guarantee traffic impact __ fees would implement the improvements as cumulative need occurs. Preliminary cost estimates were provided to begin discussion regarding magnitude of costs associated with circulation enhancements. City of •n-Call Environmental Services City• Michael Baker has been retained by the City of Lancaster to provide on-call environmental services for Y" a diverse range of projects requiring CEQA and NEPA clearance documentation. Notable projects include: • EIR for the Avanti South Specific Plan,a planned "I community with a mix of residential,commercial, institutional/public service, and open space uses; it • EA for the Kensington Campus to provide homeless support services including permanent and transitional housing,shelter space,and supportive on-site services; • EIR for the Lancaster 2030 General Plan Update; • Downtown Lancaster Specific Plan EIR,a plan to transform and revitalize downtown Lancaster with a mix of residential and commercial uses along with infrastructure improvements including a road diet; • North Downtown Lancaster Revitalization/Transit Village Plan EIR and EA to create a framework for revitalization of the area including a mix of residential,commercial,institutional, and park/recreation uses,and infrastructure improvements;and • EAs for a variety of affordable housing projects including Arbor Gardens Senior Housing, Jamboree Housing,and 40-unit housing project. Page 128 rIMMIMM INTERNATIONAL 1 CALIFORNIA Like no place else. —Pallm Springs D . Local Exp ertise / mo X � a m Exceptions0 -0Michael Baker ' On-Call Environmental Assessment (CEQA) Services RFP #12-19 C)1, ,�rim.� Like no place else Section D Local Expertise/Exceptions The Coachella Valley office was established in 1986 with the acquisition of the firm Charles Haver&Associates located in the City of Palm Desert. The office is fully staffed mil and currently provides professional engineering and surveying services for both public agency and private sector clients.The firm utilizes its in-depth knowledge of local issues and conditions combined with the strengthened and extended service available through Michael Baker is ranked the numerous offices to provide a comprehensive approach to community planning, 3 en in eering rms. public works engineering and land development in the Coachella Valley Region. engineering firms. a C11Y of PRIM RESERI - License . _ Number 2017-063471 I'J 73-510 Fred Waring Drive Expiration Date 07/31/19 Palm Desert,CA 92260 760.346.0611 BUSINESS LICENSE BUSINESS NAME: MICHAEL BAKER INTERNATIONAL IN BUSINESS LOCATION: CERTIFICATE 75410 GERALD FORD DR#100 NOT TRANSFERABLE PALM DESERT,CA 92260 ya ENGINEERING SERVICES ' BUSINESS OWNER: j MICHAEL BAKER INTERNATIONAL IN ' 5 HUTTON CENTRE DR STE 500 .p" SANTA ANA-CA 92707 The paNsn—is panned Ri trOA na cate paaa.o nce and Porn*pro=of the M,ck ci code.this h rot an endonem«M or+ne ocMNy..+a<edh:etie^o+<a^+p5pn<e. t Exceptions to RFP or Sample Agreement 1.1 Scope of Services. ...consistent with this understanding, Consultant is the provider off;.s+,�class o�mand professional services... ...light of such status and experience,Consultant covenants that it shall follow the highest professional... ...phrase "highest professional standards"shall mean those standards of practice observed by... ...circumstances("Standard of Care"). Explanation: Due to the potential for subjectivity in the use of terms such as"highest"and "first class",we request a standard that is consistent with that used by the design professional industry. 3.1 Time of Essence. ...Time is of the essence in the performance of this Agreement, subject, however to the exercise of the Standard of Care for performance of services. Explanation: Most project delays are caused by circumstances outside of the consultant's control. When such delays occur, it serves neither our firm or out client well to try to speed up services to make up for lost time. The professional standard of care for performance of services must still be observed. 129 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services Iaa N IArlvl� R F P #12-19 CALI POR Like no&ce else:" 5.1 Types of Insurance. A. Errors and Omissions Insurance. ...($1,000,000.00) per Ge6HFFenee claim and two-million... Explanation: As referenced above,the professional lability insurance commercially available to a design professional firm comes only on a "per claim"basis. (1) Strike Explanation: As a national and international design professional firm working on complex projects,claims are not at all unusual. For decades, Michael Baker has carried blanket insurance in amounts that will more than adequately cover all of our clients and projects. The terms of Paragraph"(1)"may be applicable to small or sole-proprietor firms, but not a large firm such as Michael Baker. 5.2 Deductibles and Self-Insured Retentions. Clarification: For disclosure purposes under Section 5.2, Michael Baker has carried for over twelve years the following deductibles,of which we request approval:$100,000 automobile;$250,000 CGL;$500,000 Workers Compensation. 5.3 Other Insurance Requirements. 5.3.1 For any claims related to this Agreement, Consultant's commercial General Liability and Automobile Liability coverage.... 5.3.2 Except for Professional Liability insurance,any failure to comply with reporting or other provisions... 5.5 Verification of Coverage. 3. " Language such as,... Explanation: Current Standard Acord certificates contain the following statement regarding cancellation; "Should any of the above described policies be canceled before the expiration date thereof,notice will be delivered in accordance with the policy provisions." Our endorsements will provide the cancellation wording which Paragraph 3 requires. 6.1 Strike 6.2 A Te the fullest exteAt p matted by law,Consultant shall indemnify,defeAd(at G,.ns-_Ir.,AVS Sell e-A-4-;3Rd_ expeRse), Gteet and hold harmless... B. ...incur by reason of Indemnified Claims. UpOR Feel iest by aR'...A..., Rifie d Pai4y,GaRsultant..Nall d fe-Ad Consultant's indemnification... C. The Consultant shall require all^^R deSi .. ffef^«'^^sub-Consultants,used or sub-contracted by Consultant... ...Indemnification Agreement adopting the indemnity provisions ` seetie 6-4 herein in favor of the... ...Indemnification Parties. In additions,Consultant shall require all sub-Consultants, ... Page 130 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services RFP #12-19 Iro!M�rim� Like no place else- Explanation: As a design professional firm,we need to ensure that any duty to indemnify can be insured under professional liability insurance which provides coverage to the extent of the policy-holder's negligence or wrongdoing. For this reason,we request use of the indemnification clauses starting under Section 6.2,as amended. Additionally,professional liability will not provide for hiring of defense counsel for any party except the policy-holder,but will reimburse defense costs in the event professional liability coverage is triggered. 7.4 Release of Documents. ...released publicly without the prior written approval of the Contract Officer. Except for disclosure as is required by law,all information... Explanation: In the event a court order or other legal demand is received,the Consultant would have no choice but to respond. 8.4 Default of Consultant. A. Consultant's failure to comply with any material provision of this Agreement... B. If the City Manager... ...designate,to cure the default by rendering satisfaetei:y performance in accordance with this Agreement. In the event... Explanation: There are clauses in this contract which it has been explained are outside of the consultant's control to comply with (such as insurance terms). For this reason,we request that the term "material"be added before the words"provision"under Paragraph A. Additionally,due to the potential for subjectivity in the use of terms such as"satisfactory",we request modification to"rendering performance in accordance with this Agreement."in Paragraph B. 8.8 Attorney Fees. ...Agreement results in litigation or any non-judicial proceeding,"each party shall bear its own feaseflable-costs and expenses,including but not limited to reaseflable attorney fees,expert consultant fees,court costs and all fees,costs,and expenses incurred in any appeal or in collection of anyjudgement entered in such proceeding. 'to Isle the ailipig Pa Fty� ..I. litigatioA B eding F. Explanation: In the interests of discouraging frivolous and unnecessary litigation,we request that each party bear their own attorney's fees and court costs. 10.9 Waiver of Consequential Damages. Neither party shall have any claim or right against the other,whether in contract,warranty,tort(including negligence),strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever,such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data,work interruption, increased cost of work or cost of any financing, howsoever caused,even if same were reasonably foreseeable. Explanation: To reduce liability for both parties due to circumstances outside of both of our ability to control, we request the addition of the clause above. Page 131 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services IAA �rm� RFP #12-19 like no place else. Appendix Forms ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL(Envelope#1)* REQUESTS FOR PROPOSALS (RFP) # 12-19 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA) SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): Michael Baker International BUSINESS ADDRESS: 75-410 Gerald Ford Drive, Suite 100, Palm Desert, CA 92211 TELEPHONE: 760-346-7481 CELL PHONE FAX 760-346-8315 CONTACT PERSON Chris Alberts EMAIL ADDRESS calbertsPmbakerintl.com A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. Chris Alberts,Vice President PRINTE_4 NAME AND TITLE 4/15/2019 SIGNATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate.- 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; k A corporation If a corporation, organized in the state of:Pennsylvania 2. My tax identification number is: 25-1228638 Please check below IF your firm qualifies as a Local Business as defined in the RFP: X A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. A copy of our current Business License is provided in Section D, Local Expertise. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendurni# 1 is/are hereby acknowledged. 32 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services R FP #12-19 a t, CALIFORNIA J Like no place else ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope#1)* NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL STATE OF CALIFORNIA)ss COUNTY OF an no The undersigned,being first duly sworn,deposes and says that he or she is Chris Alberts, Vice President of Michael Baker International . the party making the foregoing Proposal. That the Proposal is not made in the interests of,or on the behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the Proposal are true;and,further, that the Proposer has not,directly or indirectly,submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company,association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal. Chris Alberts Title: Vice President Subscribed and sworn to before me this 15`h day of April 2019, 33 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services rm� RFP #12-19 CALIFORNIA Like no place else:` ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On April 15, 2019 before me, Maria Antonieta Medel (insert name and title of the officer) personally appeared Christopher Alberts ----------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIAANTONIETAMEOEL tc Notary Pu6!ic•California San Bernardino County Commission 0 2250493 My Comm.Expires Aug 16,2022 Signature (Seal) Page 34 I N T E R N A T 1 0 N A L On-Call Environmental Assessment (CEQA) Services R F P #12-19 IAA lM� 1�1 � CALIfORNtA Like no place else ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALMlORK PROPOSAL(Envelope#1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection vvith its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANT/VENDOR: Michael Baker International NAME and TITLE of Authorized Representative: (Print) Chris Alberts,Vice President Signature an at f Authorized Rapr� entative: t (Sign) (Date) April 15, 2019 u F 135 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services Ida Uil�rin� RFP #12-19 Like no place else'" QPLM Sp PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM CQI IFORN�P 1. Name of Entity Michael Baker International 2. Address of lldntiVttPrinciple Place of Business) rs 500 Grant Street,Suite 5400 Pittsburgh, PA 15219 3. Local or California Address(if different than#2) 75-410 Gerald Ford Drive, Suite 100 Palm Desert,CA 92211 4. State where Entity is Registered with Secretary of State Pennsylvania If other than California, is the Entity also registered in California? "Yes 0 No 5. Type of Entity ®Corporation ❑Limited Liability Company ❑Partnership ❑Trust ❑Other(please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: if any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Brian Lutes, President&CEO _ ❑Officer ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ❑Other Dale Spaulding, Chief Operating Officer ❑(Officer ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ❑Other Leanna Anderson,Chief Communications Officer [Officer ❑Director ❑Member ❑Manager [name] James McKnight,Chief Legal Officer General Partner El Limited Partner Ted Williams,Chief Financial Officer Penny Mercandante,Chief Human Resources Officer David Boone, PE, Chief Growth Officer Martin Minder,Chief Technology Officer w 36 INTERNATIONAL On-Call Environmental Assessment (CEQA) Services RFP #12-19 1�v16115 � CALIFORNIA J Like no place else' Other 7. Owners/Investors with a 50/. beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE 50%, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. Michael Baker International Holdco Corporation 100%ownership of Michael Baker International, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity) B. Michael Baker International,LLC 100%ownership of Michael Baker International Holdco Corporation [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. DC Capital Partners, LLC 100%ownership of Michael Baker International,LLC [name of owner/investor] (percentage of beneficial interest in entity and name of entity) D. [name of owner/investor] (percentage of beneficial interest in entity and name of entity) E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA Tk;AT THE FOREGOING IS TRUE AND CORRECT. Signature/ 1)�iodcsing Party, Primed �.'ame, T'le mate stop . Afbe Aprll it) Vice President P a g i 37 INTERNATIONAL halm Springs Carlsbad Ontario 5050 Avenida Encinas,Suite 260 3536 Concours,Suite 100 arlsbad,CA 92008 Ontario,CA 91764 hone: 760-476.9193 Phone:909-974-4900 Fax:760-476-9198 Fax:909-974-4004 Santa Ana/Irvine Palm Desert S Hutton Center Drive,Suite SOO 75-410 Gerald Ford Drive,Suite 100 Santa Ana,CA 92707 Palm Desert,CA 92211 Phone:949.472-3505 Phone:760-346-7481 Fax:949-472-8373 Fax:760-346-8315 Long Beach San Diego 3760 Kilroy Airport Way,Suite 270 97SS Clairemont Mesa Boulevard,Suite 100 Long Beach,CA 90806 San Diego,CA 92124 Phone: 562-200-7165 Phone:858-614-5000 Fax: 562-200-7166 Fax:858-614-5061 Los Angeles Temecula 801 South Grand Avenue,Suite 2S0 40810 County Center Drive,Suite 200 Los Angeles,CA 90017 Temecula,CA 92591 Phone: 213-250-7359 Phone:951-676-8042 Fax:951-676-7240 Southern California Office Locations Michael Baker x 75-410 Gerald Ford Drive,Suite 100 We Make A Difference Palm Desert,CA 92211 aelBaker Ph 760-346-7481 Fx.760-346-8315 vvww.mbakerintl.com I H T E R N A T t O H A l EXHIBIT"D" SCHEDULE OF COMPENSATION Page 48 of 49 ATTACHMENT "C" COST PROPOSAL/RATES *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST PROPOSAL(Envelope#2)* *If necessary, you may attach additional sheets. REQUEST FOR PROPOSAL (RFP #12-19) ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES Responding to Request for Proposal No. 12-19 for providing on-call Environmental Assessment Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIM CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Michael Baker International Principal In Charge/Senior Principal $325.00 Program Manager $275.00 Project Manager $245.00 Technical Manager $220.00 Senior Planner/Environmental $190.00 Biologist $180.00 Project Planner $165.00 Environmental Specialist $155.00 Planner/Project Coordinator $130.00 �ffice Support/Clerical $ 85.00 SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: BCR Consulting Principal Investigator $120.00 Project Manager $100.00 Field Archaeologist/Monitor $ 85.00 Field Paleontologist/Monitor $ 65.00 Historian/Researcher $ 65.00 Graphics $ 65.00 Word Processing $ 60.00 Production $ 60.00 SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Petra Geotechnical Senior Principal $245.00 Principal $220.00 Fault Hazard Specialist $215.00 Senior Associate $200.00 Page 1 of 3 Senior Project Manager $185.00 Project Manager $165.00 Senior Staff $155.00 Staff $130.00 Assistant $120.00 Field Technician $130.00 Laboratory Technician $116.00 Draftsperson $115.00 lerical $ 75.00 Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSE: Cost/Rate: Michael Baker Copy/Print(8'/z x 1 I —B/W) $ 0.04 Copy/Print(I I x 17—B/W) $ 0.08 Copy/Print(8'/z x 1 I —Color) $ 0.17 Copy/Print(I I x 17—Color) $ 0.34 Plot(B/W)(per square foot) $ 0.18 / sf Plot(Color)(per square foot $ 0.79/sf Mileage $ Current Federal Rate CR Expenses Per Diem $ 45.00 / day Mileage $ 0.56 / mile Lodging $ 100.00/da Petra Geotechnical See attached Laboratory Services Fee Schedule Copy Rate $ 0.35/sheet Postage/Shipping $ Cost + 20% PDF File Transmittal $ 20.00/file J Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). Page 2 of 3 OTHER EXPENSES: Cost/Rate: PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed, Certified by: Michael a International Firm g a ure of Authorized Person Christopher Alberts Printed Name Vice President Title April 15,2019 Date Page 3 of 3 STANDARD FEE SCHEDULE SOILS LABORATORY TESTING/COMPANY EQUIPMENT January 1, 2019 Soil Testing Moisture Content Determination(ASTM 2216) $ 12.00 Moisture Content/Density-Rings(ASTM D2937) $ 16.00 Organic Content(ASTM D2974) $ 75.00 Atterberg Limits(ASTM D4318) $ 170.00 Atterberg Limits-Non-Plastic $ 45.00 Shrinkage Limit(ASTM D4943) $ 70.00 Specific Gravity-Coarse Aggregates(ASTM C127) $ 95.00 Specific Gravity-Fine Aggregates(C128) $ 100.00 Specific Gravity-Soils(ASTM D854) $ 105.00 Sand Equivalent(ASTM D2419) $ 100.00 Sieve Analysis-Wash Over#200(ASTM D1140) $ 70.00 Sieve Analysis-Coarse or Fine,no Wash(ASTM C136) $ 150.00 Sieve Analysis-Coarse and Fine,with Wash(ASTM C136) $ 160.00 Sieve Analysis-Aggregate Base(ASTM C136) $ 180.00 Hydrometer-with Fine Sieve(ASTM D422) $ 225.00 Hydrometer-with Coarse and Fine Sieves(ASTM D422) $ 250.00 Maximum Density/Optimum Moisture-4"Mold(ASTM D1557) $ 235.00 Maximum Density/Optimum Moisture-6"Mold(ASTM D1557) $ 260.00 Maximum Density/Optimum Moisture,with Rock Correction(ASTM D1557/D4718) $ 285.00 Maximum Density/Optimum Moisture-Single Check Point $ 100.00 Maximum Density/Optimum Moisture(CTM 216) $ 230.00 Maximum Density/Optimum Moisture-Soil Cement(ASTM D558) $ 285.00 pH(CTM 643) $ 40.00 Resistivity(CTM 643) $ 80.00 Soluble Sulfate Content(CTM 417) $ 65.00 Soluble Chloride Content(CTM 422) $ 65.00 Expansion Index(ASTM D4829) $ 130.00 Consolidation-10 Points(ASTM D2435) $ 210.00 Consolidation-10 Points + One Rebound/Recompression Loop(ASTM D2435) $ 240.00 Consolidations-Time Readings for One Load(ASTM D2435) $ 65.00 Swell/Collapse Potential-Single Load(ASTM D4546) $ 125.00 Swell/Collapse Potential-8 Points(ASTM D4546) $ 215.00 Sample Remolding(One Ring) $ 25.00 Sample Remolding(Set of Three Rings) $ 60.00 Direct Shear(ASTM D3080) $ 275.00 Direct Shear-Reshear(ASTM D3080) $ 375.00 Unconfined Compression of Soils/Rock(ASTM D2166/D7012) $ 150.00 Unconfined Compression of Soil Cement/Lime,Chemical Grouts(ASTM D 1633/D5102/D4219) $ 65.00 Point Load Strength Index of Rock(ASTM D5731) $ 115.00 Permeability-Falling Head(ASTM D2434) $ 365.00 Concrete Cylinder Compression(ASTM C39) $ 25.00 Concrete Flexural Beams{6'x 6'x 18'}(ASTM C78) $ 85.00 Laboratory Technician $ 106.00/hr. Senior Laboratory Technician $ 116.00/hr. Laboratory Manager $ 135.00/hr. Equipment Nuclear Gauge $7.50/day Sand Cone $20.00/day Moisture Sampling Probe/Drive Tubes $7.50/day Percolation/Infiltration Equipment $25.00/day Digital Manometer $ 25.00day Flame/Photo-lonization Detector(FID/PID) $35.00/day InclinometerNibration Monitoring Device $45.00/day Purging Pump $ 25.00/day Augering/Sampling Equipment S 35.00/day Concrete Sampling/Testing Equipment $ 15.00/day PETRA SOLID ASAROCK