Loading...
HomeMy WebLinkAboutE-08 Staff Report - Agreement with Michael Baker IntCONSENT ITEM E-8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: DON PENMAN, INTERIM CITY MANAGER FROM: KURT CHRISTIANSEN, FAICP, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: SEPTEMBER 18, 2017 SUBJECT: REQUEST TO APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES FOR THE AZUSA TODD PROJECT LOCATED AT 1025 N. TODD AVENUE SUMMARY: The project, Sierra Todd is proposing to redevelop the Colorama Wholesale Nursery site. The proposed project includes the construction of seven (7) large industrial buildings with a total of 462,491 s.f. The project would require a Design Review and Tentative Parcel Map. It is the City’s intention to hire an environmental consultant, whose service would be paid by Azusa Todd, LCC, to prepare the environmental documents for the project. On April 17, 2017, the City Council authorized Staff to solicit a Request for Proposals (RFP) for environmental consultant services for the preparation of Environmental Impact Report (EIR) for the Azusa Todd Project. Staff received proposals from 7 firms. Upon evaluation of the proposals, Staff has identified one firm with the necessary experience required to provide environmental consultant services. This action approves a Professional Services Agreement with Michael Baker International to provide environmental consultant services. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Approve a Professional Services Agreement with Michael Baker International to provide environmental consultant services in an amount not to exceed $176,295.00; and 2) Authorize the Interim City Manager to execute the agreement, in a form acceptable to the City Attorney, on behalf of the City. APPROVED COUNCIL MEETING 9/18/2017 Professional Services Agreement with Michael Baker International September 18, 2017 Page 2 DISCUSSION: On April 17, 2017, a Request for Proposals (RFP) to provide environmental consultant services was distributed to a number of consultants and made available on the City’s website. A total of 7 firms provided a proposal by the indicated deadline. An initial review for minimum qualifications was conducted and 7 proposals were provided to the evaluation committee consisting of the Director of Economic and Community Development, Associate Planner, and Assistant Planner. The evaluation committee convened to evaluate the proposals on the following criteria: (1) Experience and Qualifications; (2) Scope of Services; (3) Detailed work plan to complete services; (4) Qualification and experience of team members; (5) Overall quality of response to RFP; and (6) Consultant’s Fee Proposal. The top firms to excel in the evaluation process were: Firm Proposed Cost Michael Baker International (Environmental Consultant Services) $176,295.00 T & B Planning $176,990.00 After careful deliberation, the evaluation committee unanimously selected Michael Baker International for the environmental consultant services as the most qualified firm to fulfill the required scope of services. While both finalists’ submitted proposals that were similar in cost and exhibited the capacity to perform high quality environmental services, the evaluation committee felt that Michael Baker International is the stronger candidate, because of their qualification, experience, knowledge in best practices in environmental services. Additionally, both firms have extensive planning and environmental experience with previous projects in the City of Azusa. Michael Baker International provided environmental consultant services with a previous project in the City’s boundaries. This action shall not be binding on any future Planning Commission and/or City Council actions. FISCAL IMPACT: All costs associated with the consultant project review and environmental document preparation will be paid by the project applicant. The City will add a 25% administrative cost to the Professional Services Agreement to cover for Staff time. Prepared by: Reviewed and Approved: Edson Ibañez Kurt Christiansen, FAICP Assistant Planner Economic and Community Development Director Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Don Penman Senior Management Analyst Interim City Manager Attachments: 1) Environmental Consultant Services Proposal Received from Michael Baker International 2) Professional Services Agreement – Michael Baker International 3) List of Firms 5 Hutton Centre, Suite 500 | Santa Ana, CA 92707 Office: 949.472.3505 | Fax: 949.472.8373 August 17, 2017 Mr. Edson Ibañez Assistant Planner CITY OF AZUSA Economic and Community Development Department 213 East Foothill Boulevard Azusa, California 91702 Subject: Revised Proposal for Environmental Services for the Azusa Business Center Project located at 1025 N. Todd Avenue Dear Mr. Ibañez: Michael Baker International, Inc. (Michael Baker) is pleased to submit this proposal to the City of Azusa for Environmental Services for the Azusa Business Center Project (project). The project proposes to develop seven large industrial buildings on a 23.27-acre property, located at 1025 N. Todd Avenue (Assessor’s Parcel Number 8617-001- 029). The estimated total building area is 463,436 square feet. The project would require approval of a Tentative Parcel Map, certification of an Environmental Impact Report, and Design Review. Based upon our review of available project information, material provided by City staff, and a review of the project site on July 31st, we have developed a greater understanding of the work program required for the project. We believe that our key attributes for the project include our team members’ background and experience. The Michael Baker Team – The Right Team for Azusa Michael Baker brings to the City of Azusa more than 75 years of experience providing services to communities throughout southern California. Michael Baker’s environmental and planning experts will ensure successful project completion with a focus on sound CEQA compliance. In addition, Michael Baker is joined by Rincon Consultants to provide a review of the cultural resources and paleontological studies and Kittelson & Associates to provide a peer review of the traffic impact analysis. Michael Baker offers the following benefits for your consideration: Project Team Commitment and Availability: The designated Team will be led by Mr. Eddie Torres, serving as Project Manager. The designated team is committed to completing this project within the project timeline and budget set forth in this work program by maintaining close communication with City staff and working quickly to resolve critical issues. Experience with Industrial Projects and Projects in the City: Our Team has an extensive resume involving CEQA compliance documentation for Specific Plans as well as projects in the City of Azusa. Representative Michael Baker International, Inc. 5 Hutton Centre Drive, Suite 500 Santa Ana, California 92707 www.mbakerintl.com Federal Tax ID 25-1228638 Eddie Torres Project Manager p. 949.855.3612 | f. 949.837.4122 egtorres@mbakerintl.com experience includes the Tenth Street Industrial Center Park EIR in Azusa, California Grand Village Azusa Greens EIR in Azusa, Waste Management Material Recovery Facility and Transfer Station EIR in Azusa, Temple Palms Business Park EIR in El Monte, Pacific Trade Center EIR in El Monte, Biane Business Park EIR in Rancho Cucamonga, and the Bender Ready Mix Project IS/MND in Santa Ana. Legally Defensible Documentation: Preparation of legally defensible documents is imperative in today’s environment. Michael Baker has more than 40 years of experience in writing accurate, legally defensible environmental documents for all types of controversial projects. Excellent Track Record of Meeting Schedules and Budgets: Michael Baker has proven capabilities to effectively complete projects on time and on budget. We appreciate your consideration of Michael Baker for Environmental Services for the Azusa Business Center Project and are available to begin the work program immediately. The undersigned is an agent authorized to submit proposals on behalf of Michael Baker International and is authorized to negotiate with the City of Azusa on this project. In addition, the Michael Baker Team has no conflicts of interest in providing services for this project and there are no commitments which may impact our ability to perform the contracted services. The project will be managed from our office in Santa Ana, located at 5 Hutton Center, Santa Ana, CA 92707. We welcome the opportunity to meet with you to discuss the work program in greater detail. Please do not hesitate to contact me at 949-855-3612 | egtorres@mbakerintl.com, should you have any questions or require additional information. Regards, Eddie Torres Associate Vice President Environmental Sciences Manager PROPOSAL FOR CONSULTING SERVICES Environmental Services for the Azusa Business Center Project PREPARED FOR: CITY OF AZUSA SUBMITTED BY: MICHAEL BAKER INTERNATIONAL, INC. AUGUST 17, 2017 This document is designed for double-sided printing to conserve natural resources. Azusa Business Center Project August 17, 2017 Table of Contents I. Experience and Qualifications ......................................................................................................................... 1 1.1 Firm Overview ..................................................................................................................... 1 1.2 Environmental Services Experience .................................................................................... 2 1.3 Relevant Experience ........................................................................................................... 7 II. References ..................................................................................................................................................... 15 III. Project Team ................................................................................................................................................. 17 IV. Methodology Overview and Approach ......................................................................................................... 29 A. Environmental Consulting Services .................................................................................................... 30 1.0 Project Scoping ............................................................................................................................... 31 1.1 Project Kick-Off and Project Characteristics ..................................................................... 31 1.2 Research and Investigation ............................................................................................... 31 1.3 Initial Study ....................................................................................................................... 31 1.4 Notice of Preparation ....................................................................................................... 31 1.5 Scoping Meeting ............................................................................................................... 31 2.0 Preparation of Administrative Draft EIR ......................................................................................... 32 2.1 Introduction and Purpose ................................................................................................. 32 2.2 Executive Summary .......................................................................................................... 32 2.3 Project Description ........................................................................................................... 32 2.4 Thresholds of Significance ................................................................................................ 32 2.5 Cumulative Projects/Analysis ........................................................................................... 32 2.6 Environmental Analysis..................................................................................................... 33 2.7 Growth Inducement ......................................................................................................... 39 2.8 Alternatives to the Proposed Action ................................................................................. 39 2.9 Additional Sections ........................................................................................................... 39 3.0 Preparation Draft EIR ...................................................................................................................... 40 3.1 Preliminary Draft EIR ........................................................................................................ 40 3.2 Completion of the Draft EIR .............................................................................................. 40 4.0 Final Environmental Impact Report ................................................................................................ 40 4.1 Response to Comments .................................................................................................... 40 4.2 Mitigation Monitoring and Reporting Program ................................................................ 40 4.3 Final EIR ............................................................................................................................ 41 4.4 Findings and Statement of Overriding Considerations ..................................................... 41 5.0 Project Coordination and Meetings ................................................................................................ 41 5.1 Environmental Review Coordination ................................................................................ 41 5.2 Environmental Review Meetings ...................................................................................... 41 6.0 Deliverables ..................................................................................................................................... 42 V. Compensation ............................................................................................................................................... 45 VI. Exceptions/Deviations ................................................................................................................................... 47 Azusa Business Center Project August 17, 2017 This page intentionally left blank. Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 1 I. Experience and Qualifications 1.1 FIRM OVERVIEW Founded in 1940 and celebrating more than 75 years of supporting our local communities, Michael Baker International is a leader in environmental, planning, engineering, consulting, and technical/professional services with a local focus and global expertise. We offer a full continuum of innovative solutions in construction, survey, planning, architectural, environmental, program management and life cycle support, as well as information technology and communications services. Michael Baker is a multi-disciplinary planning and engineering firm with more than 6,000 employees in over 90 offices located across the U.S. and internationally. With nine local offices in southern California our firm is prepared to assist clients with engineering challenges throughout the region. The majority of the work under this contract will be completed by our staff in the Santa Ana office. Michael Baker has in-house expertise in disciplines including Environmental Analysis, Planning, GIS Services, Surveying, Aerial Photogrammetry, Mapping, Real Estate Assessments, Transportation/Traffic Engineering, Civil Engineering (including Grading, Public Works, Water/Wastewater, Hydrology), Mechanical/Electrical/Energy Services, Computer Aided Design and Drafting (CADD) and Media Services. More than 200 professionals are dedicated to Environmental, Planning, and Urban Design services company-wide. As a leader in the environmental consulting field, Michael Baker offers an extensive array of services associated with environmental compliance and documentation. Michael Baker provides evaluation for the full spectrum of environmental effects for all types of projects, including California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation, air quality and health risk assessments, greenhouse gas analyses, noise studies, regulatory agency permitting, biological resources, visual assessments and photosimulations, traffic studies, drainage/water quality assessments, community/socioeconomic analyses, and biological mitigation/monitoring. Legal Name of Firm: Michael Baker International, Inc. National Headquarters: 500 Grant Street Suite 5400 Pittsburgh, PA 15219 T. 412.918.4000 Staff size: 677 West Region Headquarters – Where Work Will Be Performed: 5 Hutton Centre, Suite 500 Santa Ana, CA 92707 T. 949.472.3505 Staff Size: 260 Year Established: 1940 Type of Organization: Pennsylvania Corporation Parent Company: Michael Baker International Holdco Corporation – 100% Ownership Size of Staff in California: 600+ Size of Staff Companywide: 6,000+ Project Contact: Eddie Torres Project Manager Santa Ana Office T. 949.855.3612 E. egtorres@mbakerintl.com Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 2 1.2 ENVIRONMENTAL SERVICES EXPERIENCE Environmental documents prepared at Michael Baker address the full range 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, visual and aesthetic effects, relevant planning, Phase I hazardous materials, neighborhood and construction effects, landform modification, agricultural suitability and many other environmental issue areas. State-of-the-art computer facilities including CADD, ARC/INFO, and specially created computer programs are utilized in obtaining the highest level of technical completeness and efficiency. CEQA AND NEPA DOCUMENTS The Michael Baker Environmental staff have provided CEQA and NEPA documentation and environmental technical studies for a diverse range of capital improvement and development projects, as well as regulatory/policy documents such as General Plans and Zoning Ordinances. Michael Baker environmental documents are not only legally defensible and user-friendly, but are supported by professionals with expertise in hydrology, water quality, transportation, water/wastewater, landscape architecture, urban design, policy planning, structural design, civil engineering, GIS, mapping, and surveying. Michael Baker produces environmental documents that are sensitive to both the public’s concern for resource protection and community impacts, as well as real-world issues associated with cost and feasibility of implementing mitigation measures. Michael Baker’s environmental compliance managers have a broad resume of project experience in coastal, 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. 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). An HRA is typically required when a new receptor is proposed near an existing source of toxic pollutants (e.g., freeways, distribution centers, factories, power plants, refineries, etc.), or when new sources of pollutants Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 3 are proposed near existing receptors. 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 adv ise 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 been aggressively tracking all aspects of Assembly Bill 32 (AB 32) and Senate Bill 375 (SB 375) over the last several years. Our internal legislative working group meets monthly to discuss the implications of these GHG reduction mandates as implementation unfolds. Specific to SB 375, our team has also conducted numerous presentations with public sector, private developer, and land broker clients about the influence these GHG reduction mandates may have on their respective businesses. As a result of this extensive experience, 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 greenhouse gas/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). NOISE STUDIES Michael Baker’s acoustical services include instrument-assisted noise and vibration field surveys, commercial and industrial 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 prepares General Plan Noise Elements. Services typically provided include technical analysis for NEPA or CEQA documents, or focused studies used in planning and civil design projects. REGULATORY AGENCY PERMITS Our regulatory services team is trained in the most up-to-date regulations and have prepared and processed hundreds of permit applications through the U.S. Army Corps of Engineers (USACOE), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), and the California Coastal Commission (CCC). Michael Baker works closely with each applicant to assure that the jurisdictional baseline and permit applications accurately address project impacts and ultimately complies Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 4 with the state and federal review process. Michael Baker’s existing relationships with the resource agencies allow Michael Baker to be a liaison between the applicant and the regulatory agencies. Michael Baker has certified regulatory staff that is professionally trained to perform wetland delineations on projects that need to meet regulatory requirements of the ACOE (Clean Water Act Section 404), CDFW (California Fish and Wildlife Code Sections 1600-1616), RWQCB (Clean Water Act Section 401, Porter- Cologne Water Quality Control Act), and CCC (California Coastal Act). Years of experience preparing and processing regulatory permits through the resource agencies have enabled Michael Baker to identify successful strategies for satisfying agency requirements. No matter the location, the regulatory services team has provided regulatory support to clients throughout California, Nevada, and Arizona. Our staff has successfully delineated project sites and properties ranging from less than 1-acre to 1,600-acres. Projects have ranged from small stream crossings to long-term maintenance projects to large-scale mass grading activities. The regulatory services team, coupled with our environmental and stormwater staff, allows Michael Baker to expeditiously acquire permits from state and federal regulatory agencies. 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 analysis under CEQA and NEPA. Michael Baker team’s staff 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 staff biologists prepare general biological inventories, endangered species/sensitive plant surveys and biological monitoring. In consultation with resource agencies, Michael Baker staff has extensive experience in mitigating biological resources impacts through restoration/revegetation and conservation/mitigation banking. HAZARDOUS MATERIALS ASSESSMENTS Michael Baker provides a range of Hazardous Materials Assessments to meet our clients’ needs for various project types. Michael Baker has prepared hundreds of 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. Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 5 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 the California Department of Transportation). VISUAL IMPACT ASSESSMENTS 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-the-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 on a 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. 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 Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 6 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. 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. MITIGATION MONITORING Michael Baker develops Mitigation Monitoring Programs for CEQA documents, and provides assistance to public and private sector clients in interpreting and implementing the required programs. Michael Baker services include, through a combination of our Construction Management and Planning staff, field monitoring for air quality, dust, traffic control, and resource mitigation. Michael Baker received an award from the Association of Environmental Professionals for our Mission Bay Mitigation Monitoring Program web site, allowing interactive viewing and updating of mitigation compliance by agency staff, the developer, and the public. STORM WATER QUALITY/DRAINAGE 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. Michael Baker has completed designs for the following types of conventional structural controls: • Wet Pond/Constructed Wetlands • Infiltration (Basin and Trench) • Biofiltration (Swale and Strip) Key stormwater/water quality services provided by Michael Baker include municipal stormwater program development; NPDES compliance; BMP research and application; BMP retrofit studies; water quality monitoring; and stormwater management related training. Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 7 1.3 RELEVANT EXPERIENCE Michael Baker has an extensive background related to CEQA analyses of business and industrial center projects. Our approach to this project reflects this experience. The Michael Baker Team is very knowledgeable regarding the legal requirements associated with the preparation of environmental clearance documents and applies the Team’s CEQA expertise to the development of impact analysis methodologies that ensure comprehensiveness, legal adequacy of the EIR, and usefulness for project monitoring. Detailed representative project descriptions and additional projects and references have been provided on the following pages. Projects include the Tenth Street Center Industrial Park EIR, which is in proximity to the proposed project site, directly across North Todd Avenue. Currently, the site has been developed into the Lagunitas Brewing Company. Of primary consideration were air quality and health risk impacts. Traffic and circulation were also key issues with this project as the EIR determined there would be significant and unavoidable impacts at three locations including the Irwindale Avenue/Foothill Boulevard Intersection. Michael Baker’s experience with this key issue would allow us to carefully address both the project- and cumulative -level impacts. The Waste Management Material Recovery Facility and Transfer Station EIR for the City of Azusa evaluated the development of an approximately 125,000 square-foot processing facility with offices and a 5,400 square -foot Household Hazardous Waste Facility. Key issues included aesthetics, traffic, air quality, and noise. Located approximately 2 miles southwest of the proposed project, it received a significant amount of public interest, and during the public review period received 165 comment letters from agencies and the general public. Michael Baker was able to mobilize with City staff and address all comment letters in a compressed timeline. The project was litigated by two separate parties and withstood all legal challenges. Michael Baker is also assisting with the preparation of the EIR for the California Grand Village Azusa Greens Project, which is sited just east of the Azusa Business Center Project site. This project is considering development of an independent living, assisted living, and memory care village for seniors. Specific issues being considered as part of this analysis that relate to the facilities location include geologic considerations from a fault, traffic impact considerations (including the intersection of Irwindale Avenue and Foothill Boulevard in the City of Irwindale, air quality impacts, and noise considerations. Additional relevant examples are provided to illustrate our experience with industrial park projects. Our project management approach is designed to facilitate communication among all key parties, providing a clear understanding of expectations and resolving any issues of concern in a timely manner. Our dedicated Project Manager will work closely with City staff to reach agreement on project parameters, including schedule and budget. We welcome the opportunity to review our scope of work, budget, and schedule with City staff prior to commencement of the work program. We have found that consistent and clear communication beginning with contract approval through project closeout ensures an efficient process, resulting in successful project completion. We look forward to bringing that same level of flexibility and commitment to the City of Azusa. Photo of the Irwindale Avenue/ Foothill Boulevard Intersection. Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 8 Tenth Street Center Industrial Park EIR | Azusa, CA Michael Baker International prepared an Environmental Impact Report (EIR) for the proposed Tenth Street Center Industrial Park. The proposed project consisted of the demolition of the existing one-story office, building foundations and the concrete remnants of the former shipping/receiving bay, and the construction of a 342,629 square-foot industrial/warehousing development. The project would include three industrial buildings that would range from 75,278 to 179,002 square feet, and would include office and distribution/warehousing/ manufacturing uses. In addition, three stormwater retention basins totaling approximately 72,643 square feet would be located along the southern project boundary to retain on-site surface water runoff. All buildings on-site would include office and distribution/ warehousing/ manufacturing space, as well as truck loading stalls for loading/ unloading equipment and supplies. A Parking Variance would be required to accommodate 523 passenger vehicle parking spaces, 53 heavy truck and/or temporary, short-term trailer /container parking spaces within the southwestern portion of the site, and 29 heavy truck loading stalls. Key environmental issues included aesthetics, traffic, air quality, greenhouse gas emissions, noise, and hydrology. In addition to the EIR, Michael Baker evaluated potential geology, soils, and cultural resources impacts with several geotechnical investigation reports and cultural and paleontological record searches. Michael Baker also analyzed potential hydrology impacts and address Best Management Practices with a Standard Urban Stormwater Mitigation Plan as required by the City of Azusa and County of Los Angeles. CLIENT Mr. Kurt Christiansen Economic & Community Development Director CITY OF AZUSA 213 East Foothill Boulevard Azusa, CA 91702 626.812.5236 Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 9 Waste Management Material Recovery Facility, Transfer Station, and Household Hazardous Waste Facility EIR | Azusa, CA Michael Baker International prepared an Environmental Impact Report (EIR) for the Waste Management Material Recovery Facility (MRF), Transfer Station (TS), and Household Hazardous Waste Facility (HHWF), located in the City of Azusa, California. The proposed project will construct a MRF/TS, bale storage building, scale house, and HHWF at the existing Waste Management Azusa Land Reclamation landfill. The proposed facility will include an approximately 125,000 square-foot processing facility with offices, and a 5,400 square-foot HHWF. The project will construct a fully enclosed MRF/TS building (a tiered structure, ranging in height from approximately 30 to 57 feet), a single- story bale storage building with a truck dock, and paved driveways with surface parking areas. The MRF/TS will be located in a fully enclosed structure designed to control odors, dust, and litter. The building will be metal sided with three distinct tipping areas; one for the MRF recyclable materials, one for the green waste, and one for municipal solid waste. The MRF/TS facility will be designed to receive, process, and transfer up to 3,800 tpd of solid waste (2,500 tpd of Municipal Solid Waste (MSW), 800 tpd of recyclables, and 500 tpd of green waste). Input to the MRF will consist of various materials, including source separated and non- source separated materials such as single stream curbside recyclables, separated cardboard loads, mixed residential, office, and commercial loads with high recyclable content and other mixed waste loads. Key environmental issues included increased truck traffic and related emissions and aesthetics associated with building heights. CLIENT Mr. Kurt Christiansen Economic & Community Development Director CITY OF AZUSA 213 East Foothill Boulevard Azusa, CA 91702 626.812.5236 Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 10 California Grand Village Azusa Greens Project EIR | Azusa, CA Michael Baker International (Michael Baker) is currently assisting the City of Azusa with preparation of an Environmental Impact Report (EIR) for the California Grand Village Azusa Greens project (project). This 4.48-acre site would include a three-level 256-unit independent living, assisted living, and memory care village for seniors. Amenities include dining, roof deck wine bar/outdoor patio, fitness rooms, pool, day spa/wellness center, meeting/activities rooms, and outdoor space (patios, gardens, trails, dog park, and passive landscape areas). The project proposes a three -level parking structure with a total of 288 parking stalls, 11 parking stalls for handicap and five parking stalls for van accessible. Four parking stalls would be located outside of the parking structure near the main entrance. The project would also include the reconfiguration of two holes at the adjacent Azusa Greens Country Club. The project would require approval of a General Plan Amendment, Zone Change, Design Review, Specific Plan, and Tentative Parcel Map. Key environmental issues anticipated to be addressed in the EIR include land use, air quality, noise, traffic, and geology and soils . CLIENT Mr. Manuel Munoz Associate Planner CITY OF AZUSA 213 East Foothill Boulevard Azusa, CA 91702 626.812.5236 Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 11 Pacific Trade Center EIR | El Monte, CA Michael Baker (formerly RBF Consulting) prepared an Environmental Impact Report (EIR) for a 27-acre commercial/industrial project within the City of El Monte. The project involved the reuse of a brownfield site, formerly utilized for heavy industrial operations. Key project components included commercial condominium units, warehouses, and a City of El Monte Public Works yard. Key environmental issues analyzed within the EIR included hazardous materials, due to contamination associated with the site’s previous heavy industrial use. The EIR also involved the preparation of a Traffic Impact Analysis, for which extensive consultation with City staff and Caltrans was necessary to establish appropriate baseline traffic volumes and mitigation measures. Other key environmental issues included air quality, noise, hydrology, and land use. CONTACT: Mr. Minh Thai CITY OF EL MONTE 11333 Valley Boulevard El Monte, CA 91731 626.258.8626 Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 12 Bender Ready-Mix Concrete Manufacturing Project| Santa Ana, CA Michael Baker (formerly RBF Consulting) prepared an Initial Study/ Mitigated Negative Declaration (IS/MND) for the Bender Ready-Mix Concrete Manufacturing Project. The project included a range of aesthetic, drainage, water quality, and safety improvements at an existing concrete batch plant in order to achieve compliance with City Conditional Use Permit (CUP) and Municipal Code requirements. Aesthetic improvements included landscaping, a new block wall, aesthetic screening, and signage. Drainage/water quality improvements consisted of a detention/desilting basin and on-site drainage conveyance facilities. Safety improvements included fencing and the repaving along the project roadway frontage. Key environmental issues addressed within the IS/MND included air quality and noise due to surrounding residential receptors, water quality due to the potential for polluted runoff due to concrete operations, and land use and planning (given the existing facility’s lack of compliance with City standards). The IS/MND also incorporated the results of a Water Quality Management Plan and Hydrology Study for the facility. CONTACT: Mr. Vince Fregoso CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92701 714.667.2700 Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 13 Temple Palms Business Park EIR | El Monte, CA Michael Baker (formerly RBF Consulting) prepared an Environmental Impact Report (EIR) for a 26.8-acre commercial, industrial, and warehousing project within the City of El Monte. The project site was historically utilized for heavy manufacturing uses and extensive hazardous materials remediation has been conducted. The project includes the construction of 14 commercial, industrial, and warehousing buildings throughout the site. Key environmental issues analyzed within the EIR included hazardous materials, due to contamination associated with the site’s previous heavy industrial use. The EIR also involved the preparation of a Traffic Impact Analysis, for which extensive consultation with City staff and Caltrans was necessary to establish appropriate baseline traffic volumes and mitigation measures. Other key environmental issues included air quality, noise, hydrology, and land use. CONTACT: Mr. Minh Thai CITY OF EL MONTE 11333 Valley Boulevard El Monte, CA 91731 626.258.8626 Azusa Business Center Project August 17, 2017 I. Experience and Qualifications 14 Biane Business Park EIR |Rancho Cucamonga, CA Michael Baker (formerly RBF Consulting) 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. Key environmental issues included cultural resources, since the former Biane Winery was 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. Other key environmental issues include land use and planning, hazardous materials, hydrology and water quality, and public services and utilities CONTACT: Ms. Candyce Burnett CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, CA 91729 909.477.2750 Azusa Business Center Project August 17, 2017 II. References 15 II. References Ms. Sandra Moberly Community and Economic Development Manager TOWN OF MAMMOTH LAKES 437 Old Mammoth Road Mammoth Lakes, California 93546 760.934.8989 x251 smoberly@townofmammothlakes.ca.gov Project: Preparation of an EIR for the Mammoth Lakes Multi-Use Facility. The project consists of constructing new community multi-use facilities at the project site, encompassing a maximum 100-foot by 200-foot ice rink (winter)/recreation/event area (RecZone) covered by an approximately 30,000 square-foot roof structure and additional storage and support space. In addition, the proposed project includes a 13,000 square-foot complementary community center, reconfiguration and improvements to an existing playground to add accessible interactive components, restroom improvements, and 107 additional surface parking spaces. Start: January 2016 End: May 2017 Mr. Mark Persico, AICP Community Development Director CITY OF SAN BERNARDINO 300 North “D” Street San Bernardino, California 92418 909.384.5357 persico_ma@sbcity.org Project: Preparation of the Department of Water and Power Specific Plan EIR. The project proposed the development of a 48-lot residential development and 4.5-acres of open space. Mr. Persico was the Community Development Director of Seal Beach at that time. Start: August 2010 End: December 2011 Ms. Carrie Tai, AICP Senior Planner CITY OF LONG BEACH 333 West Ocean Boulevard Long Beach, California 90802 562.570.6411 carrie.tai@longbeach.gov Project: Preparation of the Subsequent EIR for the Portola Center Project. The 195-acre project proposed 930 single-family units. The project also proposed a 5.0-acre Community Park, 1.5 mile perimeter trail and three neighborhood parks, for a total of 10.8 acres of parkland. Ms. Tai was a Senior Planner at the City of Lake Forest at the time. Start: November 2010 End: November 2011 Mr. Steven Ratkay, AICP Senior Planner CITY OF WESTMINSTER 8200 Westminster Avenue Westminster, California 92683 714.548.3486 sratkay@Westminster-CA.gov Project: Preparation of an EIR for the Bolsa Row Specific Plan. The proposed project plans to establish a new mixed-use community in the heart of Little Saigon. This new community would include a hotel, banquet facility, apartments, restaurants, and retail uses centered around a festival street. The festival street would accommodate community events, outdoor seating, and a variety of landscape elements. Start: January 2017 End: Current Mr. Saied Naaseh Planning Manager CITY OF CARSON 701 East Carson Street Carson, California 90745 310.952.1770 snaaseh@carson.ca.us Project: On-Call Environmental Services. Mr. Torres currently manages an on-call environmental services contract with the City of Carson. In this capacity, Mr. Torres reviews CEQA documents on behalf of City staff that are submitted by private developers. Start: June 2016 End: Current Azusa Business Center Project August 17, 2017 II. References 16 This page left intentionally blank. Azusa Business Center Project August 17, 2017 III. Project Team 17 III. Project Team The Michael Baker Team will provide close coordination with the City, ensure technical accuracy, and carefully monitor budget and schedule compliance, ensuring the overall success of the project. As Project Manager, Eddie Torres will coordinate the project directly with the City’s Project Manager, be fully cognizant of the day-to-day technical issues, coordinate with subconsultants, and develop consensus with City staff and the project team. Eddie will oversee the project team and be responsible for ensuring Michael Baker’s successful completion of each task, as well as ensuring that the City’s goals and expectations are being met. Every project will have challenges that require discussion and agreement between the affected parties. The early identification and resolution of critical issues is imperative to keep a project on track and on schedule. Michael Baker’s approach is designed to allow for regular interaction between City staff, the environmental consulting project team, and other interested/responsible governmental agencies and parties, which allows for frequent information sharing among all project members. This approach will assist in data exchange without loss of time or resources and will give City staff advance input on issues that arise. Such participation by the consultant minimizes duplication of research effort, improves the technical quality and accuracy of analysis, and ultimately, reduces the cost of services. It also allows the project team to offer expert advice and counsel to the City and other interested parties, particularly regulatory agencies with jurisdiction over key elements of the project. Michael Baker’s scheduling systems allocate resources to meet all client due dates, regardless of their timing or the number of deadlines within a given period. Responsibility for planning and controlling a contract schedule belongs to the Project Manager, who will use all of the following systems: • Weekly workload management meetings; • Long-range staffing projections; • Multi-media scheduling (word processing, graphics, editing, and production scheduling); and • Critical path method and time line scheduling for tasks and milestones. Producing high quality work is an extremely important goal for Michael Baker. The Team’s Quality Control Program 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. Our plans will undergo two types of internal reviews: • On-going Reviews: These occur throughout the project process by the Project Manager and focus on the day-to-day accuracy and coordination with other disciplines. • Formal Reviews: These occur at each of the product submittal stages and will be performed by the discipline department head. Azusa Business Center Project August 17, 2017 III. Project Team 18 Michael Baker is the lead firm for this work program and will provide services from our Orange County office in Santa Ana. The percentage of hours of each staff member and individual tasks are included in the Budget Estimate. The project organization chart is as follows: Azusa Business Center Project August 17, 2017 III. Project Team 19 Eddie Torres | Project Manager SUMMARY: Mr. Torres’ primary responsibilities include oversight of daily operations, management of projects, staff mentoring and instruction, scheduling, and business development for the Santa Ana Environmental Sciences Department. With many years of practical experience, Mr. Torres is a recognized leader in CEQA and NEPA studies (EIR’s, EIS’s, Negative Declarations, and Environmental Assessments). Mr. Torres utilizes his experience to manage and author environmental documentation, often incorporating the results of complex technical documentation to substantiate conclusions within the document. Mr. Torres has also successfully prepared environmental documentation for a range of highly controversial projects subject to scrutiny by the general public, environmental organizations, and public agencies. Using his broad background and understanding of environmental constraints, Mr. Torres provides detailed, legally sound CEQA/NEPA compliance review and environmental documentation. YEARS OF EXPERIENCE: 18 EDUCATION/TRAINING M.S., 2005, Mechanical Engineering, University of Southern California B.S., 2000, Mechanical Engineering, University of California at Irvine B.A., 2000, Environmental Analysis and Design, University of California at Irvine Certificate, 2000, Fundamentals of Mechanical Engineering, University of California at Irvine LICENSES/CERTIFICATIONS Institute of Noise Control Engineering, 2002 EXPERIENCE: ¡ 10th Street Center Industrial Park EIR (Azusa, CA) ¡ 14751 Brookhurst Street Residential Development IS/MND (Westminster, CA) ¡ Bandini Industrial Center IS/MND (Bell, CA) ¡ Biane Business Park EIR (Rancho Cucamonga, CA) ¡ California Grand Village Azusa Greens Project (Azusa, CA) ¡ Carrari Ranch EIR (Rancho Cucamonga, CA) ¡ Carson/Avalon Mixed Use Project IS/MND (Carson, CA) ¡ Crestridge Senior Villas and Palos Verdes Peninsula Senior Center EIR (Rancho Palos Verdes, CA) ¡ DeNova Homes High Density Residential IS/MND (Costa Mesa, CA) ¡ Duarte Transit Station TOD Specific Plan EIR (Duarte, CA) ¡ Historic Downtown Upland Specific Plan EIR (Upland, CA) ¡ Lido House Hotel EIR (Newport Beach, CA) ¡ Maple Live/Work IS/MND (Westminster, CA) ¡ Mammoth Creek Park West New Community Multi-Use Facilities EIR (Mammoth Lakes, CA) ¡ Old Mammoth Place Specific Plan EIR (Mammoth Lakes, CA) ¡ Pacific Trade Center EIR (El Monte, CA) ¡ Porsche Driving Center Experience Project (Carson, CA) ¡ San Fernando Parking Lots Mixed Use Development Project EIR (San Fernando, CA) ¡ Santa Ana Country Club Golf Course Revitalization Project (Unincorporated Orange County, CA) ¡ Southeast Coastal Redevelopment Plan Program EIR (City of Huntington Beach, CA) ¡ Temple Palms Business Park EIR (El Monte, CA) ¡ Waste Management Material Recovery Facility, Transfer Station, and Household Hazardous Waste Facility EIR (Azusa, CA) ¡ West Basin Desalination Facility EIR (El Segundo, CA) Azusa Business Center Project August 17, 2017 III. Project Team 20 Achilles Malisos | Air, Noise, and Climate Change SUMMARY: Achilles Malisos serves as the Manager of Air and Noise Studies, with a specialty in Acoustics, Air Quality, and Climate Change. Achilles has experience in the research, analysis, and writing of analyses consistent with the CEQA and NEPA for a variety of environmental planning projects involving renewable energy, redevelopment, infrastructure, residential, mixed use, institutional, and commercial uses. Mr. Malisos has the ability to implement a full analysis methodology per Environmental Protection Agency (EPA), CARB, Air Pollution Control District/Air Quality Management District, and Caltrans/FHWA guidelines. His expertise in Air Quality/Greenhouse Gas Assessments includes technical modeling experience using various state and federally approved programs including CalEEMod, AERMOD, CALINE4, and EMFAC. Mr. Malisos also provides a full range of noise impact analyses for public and private sector clients, in accordance with local, state and federal impact assessment criteria. Mr. Malisos utilizes his experience with noise monitoring using Type I rated instruments, as well as sophisticated noise modeling using FHWA-RD-77-108, Traffic Noise Model 2.5, and SoundPLAN to develop noise barrier recommendations where necessary. YEARS OF EXPERIENCE: 12 EDUCATION/TRAINING M.A., 2005, Urban and Regional Planning, UC Irvine B.A., 2003, Environmental Studies, University of California, Santa Cruz Trinity Consultants, “Practical Air Dispersion Modeling Workshop,” July 2008. Bowlby and Associates, Inc., “FHWA Traffic Noise Model 2.5 Training Course”, 2012. PROFESSIONAL AFFILIATIONS Urban Land Institute EXPERIENCE: ¡ 4th Street and Utica Avenue Warehouse Project (Rancho Cucamonga, CA) ¡ 10th Street Industrial Park EIR (Azusa, CA) ¡ Bandini Industrial Center (Bell, CA) ¡ Biane Business Park EIR (Rancho Cucamonga, CA) ¡ Brooks Street/Ramona Avenue Industrial Warehouse Project (Montclair, CA) ¡ California Grand Village Azusa Greens Project (Azusa, CA) ¡ Cedar Avenue Technology Park Project (Bloomington, CA) ¡ Citrus Avenue and Santa Ana Avenue Warehouse Peer Review (Fontana, CA) ¡ Crenshaw Industrial Project (Torrance, CA) ¡ Duarte Transit Station TOD Specific Plan EIR (Duarte, CA) ¡ Pacific Trade Center EIR (El Monte, CA) ¡ Palm Springs Country Club Peer Review (Palm Springs, CA) ¡ Porsche Driving Center Experience Project (Carson, CA) ¡ Ridge One Warehouse Peer Review (Fontana, CA) ¡ Sepulveda and Panama Senior Housing Mixed Use Project (Carson, CA) ¡ Skypark at Santa’s Village Project Peer Review (San Bernardino County, CA) ¡ Temple Palms Business Park EIR (El Monte, CA) ¡ Waste Management Material Recovery Facility, Transfer Station, and Household Hazardous Waste Facility EIR (Azusa, CA) Azusa Business Center Project August 17, 2017 III. Project Team 21 Kristen Bogue | Visual/Hazardous Materials/Environmental Analysis SUMMARY: Kristen Bogue assists in the preparation of environmental and planning studies for public and private sector clients, with a focus on due diligence planning activities. In addition to being a CEQA/NEPA generalist, Ms. Bogue specializes in the preparation of hazardous materials studies and visual analysis services. Ms. Bogue has prepared numerous hazardous materials related studies. Ms. Bogue prepares Phase I Environmental Site Assessments (ESAs), Phase I Initial Site Assessments (ISAs) for the California Department of Transportation (Caltrans), Preliminary Hazardous Materials Assessments pursuant to CEQA, and Environmental Baseline Surveys (EBSs) for the Department of the Navy. Other hazardous materials related studies follow CEQA Guidelines pertaining to hazardous materials. Additionally, Ms. Bogue is involved with Visual Impact Assessments in conformance with appropriate agency standards, including the FHWA “Visual Impact Assessment (VIA) for Highway Projects,” United States Bureau of Land Management guidelines, and California Energy Commission (CEC) guidelines. Ms. Bogue assists in the preparation of documents with respect to CEQA and the NEPA. Visual Services include the preparation of photosimulations, shade and shadow studies, light and glare analyses, as well as viewshed mapping. YEARS OF EXPERIENCE: 12 EDUCATION/TRAINING B.A., 2005, Environmental Analysis and Design, University of California, Irvine PROFESSIONAL AFFILIATIONS ASTM International E50 Committee Member Orange County Association of Environmental Professionals Board Member EXPERIENCE: ¡ 10th Street Industrial Park EIR (Azusa, CA) ¡ Biane Business Park EIR (Rancho Cucamonga, CA) ¡ California Grand Village Azusa Greens Project (Azusa, CA) ¡ Carrari Ranch Project EIR (Rancho Cucamonga, CA) ¡ Department of Water and Power Specific Plan Amendment EIR (Seal Beach, CA) ¡ Historic Downtown Upland Specific Plan EIR (Upland, CA) ¡ Pacific Trade Center EIR (El Monte, CA) ¡ Palmdale Transit Village Specific Plan EIR (Palmdale, CA) ¡ Pilgrim Creek Vector Remediation Project IS/MND (Oceanside, CA) ¡ Porsche Driving Center Experience Project (Carson, CA) ¡ Proposed Plan Amendment to Existing Project Area No. 1 Program EIR (South Gate, CA) ¡ Redevelopment Project Area Merger - Area A Program EIR (San Bernardino, CA) ¡ Saco Ranch Commercial Center EIR (Bakersfield, CA) ¡ San Fernando Parking Lots Project EIR (San Fernando, CA) ¡ Temple Palms Business Park EIR (El Monte, CA) ¡ Waste Management Material Recovery Facility, Transfer Station, and Household Hazardous Waste Facility EIR (Azusa, CA) Azusa Business Center Project August 17, 2017 III. Project Team 22 Ryan Chiene | Environmental Analyst SUMMARY: Mr. Chiene has worked professionally in the Planning/Environmental industry for three years. His work experience includes researching, analyzing and writing a number of CEQA documents, including Environmental Impact Reports, Initial Studies, Mitigated Negative Declarations, and technical studies. Technical studies he has worked on include Air Quality/ GHG Assessments, Noise Studies, Phase I Environmental Site Assessments, and Visual Impact Assessments, among others. He has also been involved in municipal planning and affordable housing work. Through his professional planning work, he has learned a great deal about the environmental aspect of the development process, affordable housing, cooperatively working with fellow employees, and the logistics of development. Moving forward, he is eager to continue to learn and grow as a professional planner, and expand his web of knowledge and professional network. YEARS OF EXPERIENCE: 4 EDUCATION/TRAINING B.S., 2012, City and Regional Planning, California Polytechnic State University, San Luis Obispo EXPERIENCE: ¡ 4th Street and Utica Avenue Warehouse Project, Health Risk Assessment (Rancho Cucamonga, CA) ¡ 10th Street Industrial Park EIR (Azusa, CA) ¡ Alamitos Battery Energy Storage System IS/MND (Long Beach, CA) ¡ Brooks Street/Ramona Avenue Industrial Warehouse Project, Air Quality and Greenhouse Gas Assessment (Montclair, CA) ¡ California Grand Village Azusa Greens Project (Azusa, CA) ¡ Eastvale Marketplace Project – Noise Technical Memorandum (Eastvale, CA) ¡ Hale Avenue Resource Recovery Facility Wastewater Collections Yard IS/MND (Escondido, CA) ¡ Meridian Specific Plan Amendment, Air Quality and Greenhouse Gas Technical Memorandum/Addendum (March Joint Powers Authority) ¡ Montague Expressway Self-Storage Facility IS/MND (Milpitas, CA) ¡ Mulhauser Steel Project IS/MND (Murrieta, CA) ¡ Nelson Avenue Industrial Project IS/MND (Industry, CA) ¡ North County Shooting Center Acoustical Assessment (San Marcos, CA) ¡ Sierra Commerce Center, Phase II, Light and Glare Study (Fontana, CA) Azusa Business Center Project August 17, 2017 III. Project Team 23 Tom McGill, Ph.D. | Biological Resources SUMMARY: Dr. McGill has more than 30 years of experience in preparing all types of biological reports, including resource management plans, habitat conservation plans (HCP), multi-species habitat conservation plans (MSHCP), sensitive species surveys, and biological assessments under Section 7 of the federal endangered species act. He provides the unique combination of being and environmental consultant as well as an attorney having passed the California State Bar in 1990. Dr. McGill has directed numerous habitat conservation planning, land use planning, and environmental efforts throughout the Inland Empire, including the cities of Chino, Ontario, Rancho Cucamonga, Fontana, Rialto, San Bernardino, Highland, Redlands, Riverside, San Jacinto, and Hemet. Dr. McGill is also one of the authors of the multiple award- winning first ever Tribal Multi-Species Habitat Conservation Plan prepared for the Agua Caliente Band of Cahuilla Indians which established the benchmark for all future similar documents for Sovereign Nations. Prior to his entry into the private industry, Dr. McGill worked for the U.S. Department of the Navy as head of environmental management in the Mojave Desert at China Lake. YEARS OF EXPERIENCE: 31 EDUCATION/TRAINING Ph.D., Genetics, University of California, Santa Barbara 1978 M.A., Ecology, University of California, Santa Barbara 1978 B.A., Biology, Harvard University Cambridge Massachusetts, 1971 HONORS/AWARDS Lifetime Achievement Award, 2004 Inland Empire Leaders of Distinction Outstanding Individual Achievement Award, 2003 AEP State of California Outstanding Individual Achievement Award, 2003 AEP Inland Empire Chapter PROFESSIONAL AFFILIATIONS Association of Environmental Professionals Business Development Association of the Inland Empire California State Bar Association Death Valley Natural History Association, Past Chairman EXPERIENCE: ¡ Alabama Street Bridge (County of San Bernardino, CA) ¡ City of Chino Annexation, General Plan Amendment and EIR ¡ DARPA Grand Challenge (San Bernardino County, CA) ¡ Desert Conservation Program Multi-Species Habitat Conservation Plan (HCP) ¡ Habitat Conservation Plan (HCP) for Nursery Products (Barstow, CA) ¡ Hawes Radio Relay Station (San Bernardino County, CA) ¡ MSHCP Consistency Analyses for the Western Riverside County and Coachella Valley Association of Governments ¡ North Fontana Habitat Conservation Plan (Fontana, CA) ¡ On-Call Environmental / Biological Consulting (Los Angeles, CA) ¡ Panattoni Development Species Relocation Plan (Chino, CA) ¡ Prado Basin Biological Studies and Section 7 Consultation ¡ San Bernardino Merged Area B Merger and Amendments Project EIR (San Bernardino, CA) ¡ Santa Ana River Trail Biological Assessment ¡ Sares Regis Relocation Plan for the Burrowing Owl (Chino, CA) ¡ Silver State North Solar Project (Primm, NV) ¡ The Preserve Development (Chino, CA) ¡ Walton Development San Bernardino Kangaroo Rat Habitat Conservation Plan (Redlands, CA) Azusa Business Center Project August 17, 2017 III. Project Team 24 Rebecca Kinney, PE | Hydrology/Water Quality Specialist SUMMARY: Ms. Kinney has extensive experience in all phases of stormwater management projects including planning, design, and construction. Her recent experience has focused on development of Master Plans of drainage, which focus on storm drainage facility sizing, stormwater NPDES compliance, stream stability, and floodplain management. Her planning experience includes large master planned communities, and municipal planning, as well as supporting hydrologic and stormwater quality analysis as a basis for CEQA documentation. Ms. Kinney has prepared Water Quality Management Plans, Stormwater Pollution Prevention Plans, and CEQA water quality technical studies. Ms. Kinney is also experienced in channel restoration design work including hydrologic and hydraulic modeling and PS&E work. She has also served as a regulatory agent for the application of 404 Corps of Engineers, 401 California Regional Water Quality Control Board, and 1601/1603 California of Department of Fish and Game permits. She received Wetland Delineation training by the Wetland Training Institute. Her knowledge of both engineering and environmental requirements make her an asset to any multi- disciplinary team. YEARS OF EXPERIENCE: 20 EDUCATION/TRAINING B.S., 1995, Civil Engineering, California Polytechnic State University, San Luis Obispo LICENSES/CERTIFICATIONS Professional Engineer - Civil, California, 1999, 58797 EXPERIENCE: ¡ 10th Street Center Industrial Park EIR Hydrology/WQMP Peer Review (Azusa, CA) ¡ 14751 Brookhurst Street Residential Development Project IS/MND (Westminster, CA) ¡ 2626 Harbor Boulevard IS/MND and Addendum (Costa Mesa, CA) ¡ Anchor Live/Work Project IS/MND (Costa Mesa, CA) ¡ Bandini Industrial Center IS/MND (Bell, CA) ¡ Hyundai Motor America EIR Hydrology/WQMP Peer Review (Fountain Valley, CA) ¡ Maple Avenue Live/Work Project IS/MND (Westminster, CA) ¡ Portola Center Initial Study and EIR Hydrology/WQMP Peer Review (Lake Forest, CA) ¡ San Diego Creek Master Plan of Drainage (Orange County, CA) ¡ Waste Management Material Recovery Facility, Transfer Station, and Household Hazardous Waste Facility EIR Hydrology/WQMP Peer Review (Azusa, CA) ¡ Westgate Residential Project IS/MND (Westminster, CA) Azusa Business Center Project August 17, 2017 III. Project Team 25 Christopher Duran, MA, RPA| Principal Archaeologist, Rincon Consulting SUMMARY: Chris Duran is a Principal Investigator and Project Manager at Rincon Consultants, Inc. Mr. Duran has more than seven years of professional experience and has worked extensively in California and the Great Basin. Mr. Duran has more than nine years of professional experience procuring, conducting, and managing cultural resources investigation projects in compliance with Sections 106 and 110 of the National Historic Preservation Act (NHPA), NEPA, and CEQA as they pertain to cultural resources. His research and professional experience include hunter-gatherer societies, Great Basin archaeology, Mojave Desert archaeology, California archaeology, GIS, quantitative analysis, ruins preservation, and cultural resources management. Mr. Duran has served as Principal Investigator and Project Manager on archaeological projects throughout Southern California, and in San Diego County, including historical archaeology studies in the region. YEARS OF EXPERIENCE: 10 EDUCATION/TRAINING M.A., Anthropology, Northern Arizona University (2009) B.S., Anthropology-Cultural Resources Management, California State Polytechnic University, Pomona (2007) Registered Professional Archaeologist (ID# 415730) LICENSES/CERTIFICATIONS Principal Investigator, California Bureau of Land Management statewide FLPMA permit (CA-15-27) (2015-2018) Principal Investigator, Nevada Bureau of Land Management, statewide FLPMA permit (N93677) (2015-2018) EXPERIENCE: ¡ 001B Turn-out Structure and Basin No. 2 Inlet/Turn-out Structure Projects (Pico Rivera, CA) ¡ TD575283 Deteriorated Pole Replacement Heritage Resources Survey Project (Inyo National Forest, CA) ¡ Casa Diablo Transmission Line Heritage Resource Monitoring (Inyo National Forest, Inyo and Mono Counties, CA) ¡ Cherry Canyon Citizens’ Trail Project (La Cañada Flintridge, CA) ¡ Courtyard and Townplace Suites Hotel Cultural Resources Investigation (City of Agoura Hills, CA) ¡ Garland Solar Archaeological Monitoring Project (Kern and Los Angeles Counties, CA) ¡ Groundwater Reliability Improvement Program (GRIP) Advanced Water Treatment Facility (AWTF), Water Replenishment District (Los Angeles County, CA) ¡ Line 33-37 Coupon Extraction Phase I Cultural Resources Study (Santa Monica Mountains National Recreation Area, CA) ¡ Padres Trail Desilting Basin Project (La Cañada Flintridge, CA) ¡ Partial or Complete Closure of Defense Fuel Support Point Cultural Resources Investigation (San Pedro, CA) ¡ Medea Creek Restoration Project Phase II Cultural Resources Investigation (Agoura Hills, CA) ¡ Transmission Line Rating Remediation Program Tower Replacement Project Cultural Resources Study (Los Angeles, Riverside, San Bernardino, and Ventura Counties, CA) ¡ Three Pole Replacement in Mojave (Mojave, CA) ¡ Walker Pass Archaeological Survey (Neenach, Los Angeles and Kern Counties, CA) ¡ Woodland Hills Water Recycling Project, Phase I Cultural Resources Study (Los Angeles County, CA) Azusa Business Center Project August 17, 2017 III. Project Team 26 Tim Erney, AICP, PTP, CTP| Transportation Engineer, Kittelson & Associates SUMMARY: Mr. Erny is a transportation planner with 20 years of experience. He has successfully managed over 100 transportation planning and engineering projects throughout California. He is a certified professional planner with experience managing analyses and documentation for environmental review projects, access and circulation studies, sustainable transportation practices, TDM measures, parking evaluations, pedestrian and bicycle reviews, and data collection programs. Other experience includes detailed technical analysis of local and regional roadway facilities, including traffic forecasting, modal split analyses, traffic diversion, and operational analyses. He has experience coordinating with local and regional transportation and environmental agencies in Southern California including the preparation of CEQA/NEPA documents and technical operations reports. YEARS OF EXPERIENCE: 20 EDUCATION/TRAINING M.S., Transportation Engineering, University of California, Berkeley Masters of City Planning, University of California, Berkeley B.S., Mechanical Engineering, Boston University EXPERIENCE: ¡ 2nd/PCH Mixed-Use Development Traffic Study (Long Beach, CA) ¡ Port of Long Beach (POLB) On-Call Transportation Planning Services (POLB, CA) ¡ Haster Basin Reuse Plan EIR Traffic Study (Huntington Beach, CA) ¡ California High Speed Rail Engineering/Environmental Services for Palmdale to Burbank Segment Traffic Study (Palmdale, CA) ¡ Santa Ana City Place SkyLofts Development EIR Traffic Study (Santa Ana, CA) ¡ City of Tehachapi On-Call Civil Engineering Services (Tehachapi, CA) ¡ Orange County Transportation Authority (OCTA) On-Call Transportation Planning and Engineering Services (Orange County, CA) ¡ San Francisco Municipal Transportation Agency (SFMTA) On-Call Transportation Planning Services (San Francisco, CA) ¡ San Francisco County Transportation Authority (SFCTA) On -Call Transportation Planning and Engineering Support (San Francisco, CA) ¡ California High Speed Rail Engineering/Environmental Services for Palmdale to Burbank Segment ¡ The Shops at Montebello Revised EIR (Montebello, CA) ¡ The Shoppes at Chino Hills Transportation and Circulation Study (Chino Hills, CA) ¡ Metro Exposition Line Phase 2 EIR/EIS (Los Angeles County, CA) ¡ Metro Gold Line Extension Phase 2 Alternatives Analysis and EIR/EIS (Los Angeles County, CA) ¡ Metro Green Line Extension Alternatives Analysis (Los Angeles County, CA) ¡ Metro Exposition Line Phase 2 EIR/EIS (Los Angeles County, CA) Azusa Business Center Project August 17, 2017 III. Project Team 27 TEAMING PARTNERS Rincon Consultants, Inc. is a multi-disciplinary environmental sciences, planning, and engineering consulting firm that provides quality professional services to government and industry. Founded in 1994, Rincon has grown to a firm of over 90 professionals located in nine California offices (Ventura, San Luis Obispo, Carlsbad, Monterey, Oakland, Los Angeles, Riverside, Fresno, and Sacramento). Rincon’s highly trained professionals have many years of experience in urban, land use, and environmental planning; regulatory compliance; biological resource evaluation and habitat enhancement; soil evaluation and remediation; and related studies including problem-solving services in geology, hydrology, and waste management. For this project, Rincon would be used as a subconsultant for the peer review of the Applicant provided Cultural/Paleontological studies. Kittelson & Associates (KAI) has managed on-call or as-needed services projects for cities and agencies throughout California. For example, KAI currently has active on-call contracts with the cities of Chino Hills, Lancaster, Sunnyvale, Berkeley, Oakland, and Santa Rosa, all of which have similar technical requirements and expertise as those requested by the City of Tehachapi. In addition, KAI is working with the Los Angeles Department of Transportation, San Francisco Municipal Transportation Agency and several Caltrans districts to provide as-needed transportation planning and engineering support. Locally, current KAI staff is well-familiar with the circulation and mobility issues in the City of Tehachapi, having previously conducted multiple transportation planning, traffic engineering, and traffic impact studies within the city. These have included the preparation of a citywide traffic impact model, traffic studies for small commercial and hotel developments, traffic engineering review of roadway network changes, and a site access/circulation study for a proposed expansion of the events center. Azusa Business Center Project August 17, 2017 III. Project Team 28 This page intentionally left blank. Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 29 IV. Methodology Overview and Approach PROJECT UNDERSTANDING Michael Baker will serve as an extension of City staff to ensure that the entire environmental process is conducted in a comprehensive manner and considers recent CEQA legislation and reviewing agency requirements. Mr. Eddie Torres will be responsible for the day-to-day management and supervision of the work program and will be the direct point of contact to the City. Mr. Torres will be responsible for consulting with and coordinating the Michael Baker project team to ensure a thorough analysis that complies with CEQA requirements and the City’s entitlement process. Mr. Torres will also attend scheduled staff meetings and will represent the Project Team at public hearings and make presentations as necessary. We anticipate regular and consistent communication throughout the project and will be available to attend conference calls and or meetings with City staff and/or other representatives as necessary. The Michael Baker Team is joined by Rincon Consultants to provide a review of the cultural resources and paleontological studies and Kittelson & Associates to provide a peer review of the traffic impact analysis. This Team of professionals have the proven expertise and experience in preparing technical studies and environmental analysis for successful environmental compliance. The City of Azusa is seeking a consultant to provide environmental consulting services for the proposed Azusa Business Center Project. The project proposes to develop seven large industrial buildings on a 23.27-acre property, located at 1025 N. Todd Avenue (Assessor’s Parcel Number 8617-001-029). The estimated total building area is 463,436 square feet. The buildings will range between 28 and 32 feet in height and will be constructed of concrete tilt-up panels and low-reflective glass. The buildings will be occupied by any variety of industrial users ranging from warehouse distribution to manufacturing. Office spaces will be provided in various parts of the buildings to support the operations. The site is designed to provide 558 automobile parking spaces for employees and visitors. The project proposes two diff erent parking plans based on warehouse distribution uses versus manufacturing. The project would require approval of a Tentative Parcel Map, certification of an Environmental Impact Report, and Design Review. Based upon the RFP and correspondence with City staff, it is our understanding that the Applicant team will be preparing the following technical studies: • Air Quality Assessment • Biological Resources Assessment • Cultural/Paleontological Resources Assessment • Soils • Greenhouse Gas Assessment • Phase I/II Site Assessment • Water Quality • Utilities • Traffic Impact Analysis • Health Risk Assessment The Michael Baker Team will provide a peer review of the Applicant prepared studies and will incorporate them into the Environmental Impact Report (EIR). Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 30 TASK A. Environmental Consulting Services The initiation of the CEQA process will involve a detailed scoping process including a review of issues, constraints, and project goals/objectives. Michael Baker will prepare a Notice of Preparation (NOP) with an attached Initial Study to be circulated for 30-day review. Comments received during the review period will be evaluated as part of preparation of the Draft EIR. Michael Baker, working closely and in collaboration with City staff, will include a public scoping session, which will provide an opportunity to obtain a better understanding of key environmental concerns of interested agencies and the community, as well as informing the public as to the purpose of the CEQA review and determination process. Comments received during the 30-day NOP review period will be evaluated as part of preparation of the Draft EIR. The Draft EIR will include the Introduction and Purpose, Executive Summary, and Project Description. The Environmental Analysis section will evaluate the necessary information with respect to the existing conditions, the potential adverse effects of project construction and implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised during the scoping process (Notice of Preparation responses; public scoping meeting; and any other relevant and valid informative sources) will also be evaluated. The environmental analysis section of the EIR will thoroughly discuss the existing conditions for each environmental issue area; identify short -term and long-term environmental impacts associated with the project and their levels of significance. Feasible mitigation measures will be recommended to reduce the significance of impacts and identify areas of unavoidable significant adverse impacts even after mitigation. The environmental documentation will assist in identifying constraints, modifications, and improvements which may be incorporated into the land planning process. The Michael Baker Team will be viewed as an integral component in the project review and will participate in meetings with staff and public hearings, as required by the City. The Michael Baker Team will have the responsibility of aiding the City during the public scoping meeting, as well as leading the public participation program for the environmental review, including the Draft EIR public review meeting and throughout the public hearing process for certification of the EIR. The Michael Baker Team will assist decision makers and the public in understanding the analysis, conclusions of the EIR review, and guide the CEQA review process. Michael Baker has served in this role with a countless number of agencies and with a wide range of projects of great interest to communities. Michael Baker will complete the environmental review process, respond to all comments received during the Draft EIR public review period, prepare the mitigation monitoring program, and draft the necessary Findings and possible Statement of Overriding Considerations pursuant to Sections 15091 and 15093 of the CEQA Guidelines. The environmental review process will result in the presentation of pertinent information associated with project impacts and findings to the City decision makers for determination and CEQA certification. Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 31 1.0 PROJECT SCOPING 1.1 Project Kick-off and Project Characteristics The work program will be initiated with a formal kick-off meeting with City staff to discuss the project features in greater detail. This initial meeting is vital to the success of the process and will be a key milestone in order to confirm the parameters of the analysis, the details of construction and proposed buildout conditions, scheduling, and overall communications. The City’s preferred format for the environmental documentation will be provided as part of this meeting. Prior to the kick-off, Michael Baker will distribute a kick-off meeting agenda and detailed memorandum, which will identify information needs. Based upon the detailed project information obtained at the project kick-off meeting, Michael Baker will draft a preliminary project description for review and approval by City staff. 1.2 Research and Investigation Michael Baker will obtain and review available referenced data for the project area, including policy documentation from the City of Azusa, state and federal agencies, the Southern California Association of Governments (SCAG), and all other agencies which may be affected by the project. This information, along with environmental data and information available from the City, will become part of the foundation of the EIR and will be reviewed and incorporated into the analysis, as deemed appropriate. This task includes a visit to the project area, which will include a detailed photographic inventory of on- and off-site conditions. 1.3 Initial Study Michael Baker will prepare an Initial Study that includes detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis will be prepared in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070. The Initial Study will include a description of the project, its location, and supporting exhibits; briefly explain the reasons for determining which project impacts would not be significant or potentially significant and provide evidence to support each conclusion; and identify which project impacts would be significant or potentially significant, in order to focus the EIR environmental analysis. Michael Baker will respon d to one complete set of comments from the City on the Draft Initial Study then finalize the document for distribution. 1.4 Notice of Preparation Michael Baker will prepare the NOP for the EIR, which will be distributed to a City-approved Distribution List. An Initial Study Checklist will be attached to the NOP. This task includes certified mailing to affected agencies and interested parties. Comments received in response to the NOP will be evaluated during preparation of the EIR. 1.5 Scoping Meeting Michael Baker will conduct a scoping meeting during the NOP public review period that will be set up as a brief project overview presentation, so that the community can gain an understanding of the proposed Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 32 improvements and provide comments based upon accurate knowledge of the proposed project. The scoping meeting will orient the community on the CEQA review process and will be presented in a manner which the community can gain a greater understanding of the proposal, intent of CEQA, and the key issue areas to be addressed in the EIR. Michael Baker will provide a PowerPoint presentation to supplement the discussion. Following the presentation, the meeting will be devoted to public participation, questions, and comments. Written comment forms will be provided for this purpose, and these comments, along with oral comments, will become a part of the administrative record. 2.0 PREPARATION OF ADMINISTRATIVE DRAFT EIR 2.1 Introduction and Purpose The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Azusa’s CEQA Implementation procedures for which the proposed project is subject. This section will identify the purpose of the study and statutory authority as well as document scoping procedures, summary of the EIR format, listing of responsible and trustee agencies, and documentation incorporated by reference. 2.2 Executive Summary The Executive Summary will include a Project Summary, an overview of project impacts, mitigation, and levels of significance after mitigation, summary of project alternatives, and areas of controversy and issues to be resolved. The Environmental Summary will be presented in a columnar format. 2.3 Project Description The Project Description section of the EIR will detail the project location, background and history of the project, discretionary actions, characteristics (addressed in Task 1.1), goals and objectives, construction program, phasing, agreements, and required permits and approvals that are required based on available information. This section will include a summary of the local environmental setting for the project. Exhibits depicting the regional and site vicinity will be included in this section. 2.4 Thresholds of Significance This section will provide a comprehensive description of thresholds of significance for each issue area of the environmental analysis. The significance threshold criteria will be described and will provide the basis for conclusions of significance. Primary sources to be used in identifying the criteria include the CEQA Guidelines, and local, state, federal, or other standards applicable to an impact category. 2.5 Cumulative Projects/Analysis In accordance with Section 15130 of the CEQA Guidelines, the EIR will include a section providing a detailed listing of cumulative projects and actions under consideration for the analysis. The likelihood of occurrence and level of severity will be studied. The purpose of the section is to present a listing and description of projects, past, present, and anticipated in the reasonably foreseeable future, even if those projects are outside of Azusa’s jurisdiction. The potential for impact and levels of significance are Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 33 contingent upon the radius or area of interaction with the project area. Michael Baker will consult with City staff and other applicable local jurisdictions to define the appropriate study area for the cumulative analysis. The cumulative analysis for each topical area will be incorporated throughout the analyses in Section 2.6. 2.6 Environmental Analysis Michael Baker will evaluate the necessary information with respect to the existing conditions, the potential adverse effects of project implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised during the scoping process (Notice of Preparation responses, public scoping meeting, and any other relevant and valid informative sources) will also be evaluated. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical data. These analyses will be performed by qualified Environmental Analysts, CEQA experts, and Planners at Michael Baker. The Environmental Analysis section of the EIR will thoroughly discuss the existing conditions for each environmental issue area, identify short-term construction and long-term operational impacts associated with the project, and their levels of significance. The thresholds for significance shall be identified for every environmental issue. Feasible mitigation measures will be recommended to reduce the significance of impacts and identify areas of significant unavoidable impacts even after mitigation. This section will include analysis for the following environmental issue areas: A. AESTHETICS Existing Conditions. The project site and surrounding area are currently characterized by developed light industrial, commercial, recreational, and residential uses. This section will characterize the existing aesthetic environment and visual resources for the site vicinity, including a discussion of views toward the site from the surrounding developed area. A visual inventory of the project area will be conducted in order to verify the visual character and viewshed. A discussion of the existing on-site light industrial (nursery) uses will be detailed. Color site photographs will be provided to illustrate on -site and surrounding views. Construction-Related Impacts. Short-term clearing, grading, and construction impacts will be studied within the EIR. Potential impacts to sensitive uses as a result of staging areas and visible earthwork activities will be addressed. Construction related haul trucks and activities will also be analyzed. Scenic Views and Vistas. The Initial Study of the EIR will confirm that the proposed project will not result in impacts pertaining to view blockage of the San Gabriel Mountains, as seen from public trails along the San Gabriel River to the west of the project site. Character/Quality Analysis. The analysis will consider the potential visual impacts that could result from the modification of the on-site and surrounding character/quality. The compatibility of the proposed land uses, building heights and possible building materials, as compared to the surrounding a rea, will be studied. This section will include an analysis of the existing City of Azusa General Plan goals and policies. Consideration of the project’s design and appearance of structures will be included. A discussion of the project’s compliance with all applicable development and design standards/guidelines will be included, Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 34 which minimizes potential adverse effects pertaining to aesthetic continuity within the community. Additional mitigation measures will be recommended, as necessary, to reduce impacts pertaining to the degradation of character/quality as feasible. Light and Glare Analysis. Michael Baker will address the potential for significant impacts to be generated by the introduction of light and glare associated with the increased development of the project. Michael Baker will review and incorporate existing outdoor lighting standards established by the existing City of Azusa Municipal Code, for inclusion within the EIR. B. AIR QUALITY Michael Baker will review the Air Quality and Health Risk analyses that will be provided by the project Applicant, including a review of all modeling data and assumptions (electronic files of all computer models shall be provided for verification); evaluate the adequacy of the methods used to conduct the various parts of the study in terms of professional standards, CEQA Guidelines, the South Coast Air Quality Management District’s (SCAQMD) CEQA Guidelines; and evaluate the consultant’s recommendations and conclusions based on CEQA Guidelines and other state and federal laws as applicable. It is assumed that the technical analysis will include an evaluation of construction and operational emissions at project and cumulative levels. A memorandum summarizing the adequacy of the study (or inadequacies) will be prepared. Michael Baker will conduct a brief review of the revised (final) technical report to ensure the peer review comments have been addressed. This section will incorporate the Air Quality and Health Risk Assessment studies prepared by the Applicant Team upon completion of Michael Baker’s technical peer review. C. BIOLOGICAL RESOURCES Michael Baker will conduct a peer review of the Biological Resources report that will be provided by the project Applicant. Michael Baker will first verify the technical references/databases reviewed prior to conducting an on-site field investigation. In addition, any correspondence with the regulatory agencies, and any governing biological management plans (e.g., Habitat Conservation Plan(s)) prepared for managing habitat in the general area will also be reviewed to ensure completeness and consistency of the information provided in the report. Following the initial review of the biological resources report, an on- site field investigation/site reconnaissance will be conducted to verify/reconfirm biological resources documented in the report. Subsequent to verification, Michael Baker will conduct a review of the prepared technical report for technical accuracy, completeness of the impact assessment and th e adequacy of any proposed mitigation measures and/or permit requirements. If concerns are noted, Michael Baker will recommend actions to correct the noted concern within a technical memorandum. Michael Baker will conduct a brief review of the revised (final) technical report to ensure the peer review comments have been addressed. This section will incorporate the Biological Resources study prepared by the Applicant Team upon completion of Michael Baker’s technical peer review. Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 35 D . CULTURAL/PALEONTOLOGICAL RESOURCES Michael Baker has retained the services of Rincon Consultants (Rincon) to conduct a peer review of the Cultural and Paleontological Resources Reports that will be provided by the Applicant Team. The report will include the following: Cultural Resources Assessment Peer Review. The peer review will focus on the adequacy of the technical report for conformance with the cultural resources requirements of CEQA and the City of Azusa General Plan and Development Code. Analysis will include: understanding of the regulatory setting; adequacy of survey to current professional standards; adequacy of California Register of Historical Resources eligibility evaluations, impacts assessment, mitigation measures (if any); and, an assessment of the mitigation measures to ensure adequacy to avoid or reduce project‐related impacts to a less than significant level. The results of the cultural and paleontological resources peer review will be summarized in a technical memorandum. Assembly Bill 52 Assistance. Rincon will assist the City of Azusa with Native American consultation in accordance with AB 52. Rincon assumes the City will provide a list of tribes who have requested AB 52 notification from the County. Rincon will draft letters and maps for Native American tribal contacts, and will provide the County with a tracking sheet and instructions for successful AB 52 consultation. Native American contacts have 30 days to respond and request further consultation. This section will incorporate the Cultural and Paleontological Resources Reports prepared by the Applicant Team upon completion of Michael Baker’s technical peer review. E . GEOLOGY AND SOILS Michael Baker will conduct a peer review of the soils report that will be provided by the project Applicant. The peer review of the soils study will be conducted to ascertain its compliance with professional standards of the industry and CEQA Guidelines, including a “desktop” level review of the site and surrounding area. Michael Baker will conduct a brief review of the revised (final) technical report to ensure the peer review comments have been addressed. The final report and recommended mitigation (if any) will be incorporated into the EIR. F . GREENHOUSE GAS EMISSIONS Michael Baker will peer review the GHG Analysis that will be provided by the project Applicant, including review of all modeling data and assumptions (electronic files of all computer models that were used for verification shall be provided); evaluate the adequacy of the methods used to conduct the various parts of the study in terms of professional standards, CEQA Guidelines; and evaluate the consultant’s recommendations and conclusions based on CEQA Guidelines and other state and federal laws as applicable. It is assumed the technical analysis will include an evaluation of project and cumulative GHG emissions and project consistency with applicable GHG emissions reduction plans. A memorandum summarizing the adequacy of the study (or inadequacies) will be prepared. Michael Baker will conduct a brief review of the revised (final) technical report to ensure the peer review comments have been addressed. Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 36 This section will incorporate the Greenhouse Gas Emissions study prepared by the Applicant Team upon completion of Michael Baker’s technical peer review. G . HAZARDS AND HAZARDOUS MATERIALS Phase I/II Environmental Site Assessment Peer Review. Michael Baker will conduct a peer review and prepare a summary technical memorandum on the Applicant-provided Phase I/II Environmental Site Assessments (ESA). Based on the documentation provided in the Phase I/II ESA, Michael Baker will discuss the findings, opinions, and conclusions made in the Phase I/II ESA. Recommendations/requests for clarification will be made, as necessary. This Task does not include a Michael Baker site inspection, interviews, review of public records, or completion of other ASTM International (ASTM) Standard Practice E 1527-13 areas that may or may not be present in the Phase I /II ESA document during the peer review. Existing Conditions. The project site encompasses an existing nursery operation. Michael Baker will document the existing hazards and hazardous materials conditions of the project site, based on the Applicant-provided Phase I/II ESA. Project-Related Impacts. Michael Baker will utilize the above referenced documentation to analyze potential project-related impacts, as they pertain to hazards and hazardous materials per the CEQA thresholds of significance. An analysis of the proposed improvements will be conducted. Potential accidental conditions during construction and operations, involving hazardous materials will be analyzed. Project emergency access will be considered. Should a potentially significant impact arise, Michael Baker will recommend mitigation measures to reduce these impacts to the extent feasible. Any significant and unavoidable impacts that result, if any, will be concluded. H . HYDROLOGY AND WATER QUALITY Michael Baker will peer review the Hydrology Study and Preliminary Water Quality Management Plan (pWQMP) that will provided by the project Applicant. The review will be conducted to evaluate the adequacy of the method and approach to conduct the study in terms of professional standards, County and City requirements, and CEQA Guidelines. Recommendations within the reports will be evaluated as well as the CEQA significance determinations. A memorandum summarizing the adequacy of the study (or inadequacies) will be prepared. Michael Baker will conduct a brief review of the revised (final) technical report to ensure the peer review comments have been addressed. This section will incorporate the Hydrology Study and pWQMP prepared by the Applicant Team upon completion of Michael Baker’s technical peer review. I . LAND USE AND PLANNING The project site has General Plan designations of Multi-Tenant Building and Agricultural/Nursery and Zoning designation of West End Light Industrial (DWL). The requested project entitlements include a Design Review and Tentative Parcel Map. Analysis will be conducted, in order to determine the project’s consistency with the City of Azusa General Plan, Zoning Ordinance, and related policy documents. In addition, the regional planning review will include consistency with SCAG Regional Comprehensive Plan and Guide policies. Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 37 This section will also evaluate the appropriateness of the proposed uses in comparison to the surrounding uses, as well as identify and analyze the consistencies and potential inconsistencies of the proposed project with on-site and surrounding uses. The density of uses proposed on-site and impacts to nearby uses will be studied. Mitigation measures will be identified to reduce the significance of potential impacts. J . NOISE Existing Conditions. The applicable noise and land use compatibility criteria for the project area will be reviewed and noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. A site visit will be conducted and short-term noise level measurements will be taken along the project area. The noise monitoring survey will be conducted at up to three separate locations to establish baseline noise levels in the project area. Noise recording lengths are anticipated to require approximately 10 minutes at each location. Long-term (24-hour) measurements are excluded. Construction-Related Noise and Vibration. Construction would occur during implementation of the proposed project. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. An analysis of vibration impacts will be based on the Federal Transit Administration’s vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications. Operational Noise Sources. On- and off-site noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108). This analysis will require roadway segment Average Daily Traffic (ADT) volumes. The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format. On-site noise generating activities (e.g., stationary sources, truck loading/unloading, etc.) will also be addressed and analyzed for potential impacts to the adjacent uses and will be assessed against the City’s Municipal Code and General Plan Noise Element guidelines. Compliance with applicable noise standards will be evaluated, with recommended mitigation measures included where appropriate. K . PUBLIC SERVICES AND UTILITIES Michael Baker will contact potentially affected agencies to confirm relevant existing conditions, pro ject impacts, and recommended mitigation measures. The discussion will focus on the potential alteration of existing facilities, extension or expansion of new facilities, and the increased demand on services based on the proposed land uses. Michael Baker will evaluate the ability of the project to receive adequate service based on applicable City standards and, where adequate services are not available, will identify the effects of inadequate service and recommended mitigation measures. Issues discussed include: Public Services: Fire. The overall need for Fire Services would potentially increase beyond existing conditions as a result of the project. The Fire Services review will include a review of existing services/facilities in the area, response times to the site, available fire flow, project impacts, and required mitigation. Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 38 Police. The overall need for Police Services would potentially increase beyond existing conditions as a result of the project. The Police Services review will include a review of existing services/facilities in the area, response times to the site, project impacts, and required mitigation. Utilities: Water. Based upon information provided by the City, Applicant, and the Azusa Light & Water, Michael Baker will evaluate existing capacities and the ability of the project to receive adequate water supplies. Deficiencies will be addressed. Sewer. Based upon technical information provided by the City and project Applicant, the discussion will focus on the potential alteration of existing facilities, extension or expansion of new facilities, and the increased demand on services based on the proposed land uses. Michael Baker will evaluate the ability of the project to receive adequate service based on applicable agency standards and, where adequate services are not available, will identify the effects of inadequate service, and recommended mitigation measures. Solid Waste. This discussion will focus on the increased solid waste generation that would occur with the proposed project and the ability of landfills serving Lancaster to accommodate the increased disposal needs. L . TRANSPORTATION/TRAFFIC Michael Baker has retained Kittelson & Associates to review the adequacy of the Applicant provided Traffic Impact Analysis report in addressing the project traffic impacts on the surrounding roadway network. The peer review will include review of the methodologies utilized and overall accuracy of the analysis with respect to standard industry practices. The peer review of the Traffic Impact Analysis would include the following subjects: • Determination of study area roadway and intersections; • Traffic count data; • Project traffic generation; • Project trip distribution patterns; • Cumulative forecast methodology; • Traffic operations and impact analysis; • Traffic mitigation measures; and • Project access control. A memorandum summarizing the peer review methodology and findings will be prepared. Michael Baker will conduct a brief review of the revised (final) technical report to ensure the peer review comments have been addressed. This section will incorporate the Traffic Impact Analysis prepared by the Applicant Team upon completion of Michael Baker’s technical peer review. Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 39 2.7 Growth Inducement Michael Baker will provide a project specific analysis update of potential growth-inducing impacts pursuant to CEQA Guidelines Section 15126(g). The analysis in this section was based on data from the City of Azusa, California Department of Finance, and U.S. Census. The analysis addresses growth-inducing impacts in terms of whether the project influences the rate, location, and the amount of growth. Growth - inducing impacts are assessed based on the project’s consistency with adopted/proposed plans that have addressed growth management from a local and regional standpoint. Potential growth -inducing impacts from the proposed development will be analyzed as they relate to population, housing, and employment factors. In addition to growth-inducing impacts, this section will discuss energy impacts consistent with Appendix F of the CEQA Guidelines. The analysis will be conducted pursuant the requirements in Public Resources Code Section 21100(b)(3) and Appendix F of the CEQA Guidelines. 2.8 Alternatives to the Proposed Action The range of Alternatives is expected to include the No Project/No Development, and possibly a reduced/modified Alternative that may be considered through the Project Review process. Pursuant to CEQA Guidelines Section 15126.6, Michael Baker will provide an analysis of a “reasonable range” of alternatives, comparing environmental impacts of each alternative in each impact area to the project. For each alternative, Michael Baker will provide a qualitative analysis based upon available data in the technical studies. One important element of the Alternatives section will be an impact matrix which will offer a comparison of the varying levels of impact of each alternative being analyzed. This matrix will be prepared in a format to allow decision-makers a reference that will be easily understood, while providing a calculated (where feasible), accurate comparison of each alternative. The Alternatives section will conform to both amendments to Section 15126.6 of the CEQA Guidelines and to recent and applicable court cases. Michael Baker will discuss, as required by the CEQA Guidelines, the advantages and disadvantages of each alternative and the reasons for rejecting or recommending the project alternatives stated. This alternatives section will culminate with the selecti on of the environmentally superior alternative in accordance with CEQA requirements. 2.9 Additional Sections Michael Baker will provide additional sections in the EIR to meet CEQA and City requirements including the following: Significant Irreversible Environmental Changes That Would Be Involved In the Proposed Action Should It Be Implemented, Effects Found Not To Be Significant, Inventory of Unavoidable Adverse Impacts, and Organizations/Persons Consulted and Bibliography. The Effects Found Not To Be Significant section will provide a brief analysis of those environmental topical areas (e.g., agriculture and forestry resources and mineral resources) determined to have no impact or a less than significant impact and are not specifically addressed in the environmental analysis sections referenced above. Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 40 3.0 PREPARATION OF DRAFT EIR 3.1 Preliminary Draft EIR Michael Baker will respond to one complete set of City comments on the Administrative Draft EIR. If desired by the City, Michael Baker will provide the Preliminary Draft of the EIR with all changes highlighted to assist the final check of the document. 3.2 Completion of Draft EIR Michael Baker will respond to a second review of the Preliminary Draft EIR and will prepare the report for the required 45-day public review period. Michael Baker will prepare the Notice of Availability (NOA) for City review and will file the NOA at the County of Los Angeles Clerk recorder. Michael Baker will work with the City to develop a distribution listing and prepare the Notice of Completion (NOC) for submittal to the Office of Planning and Research (OPR). 4.0 FINAL ENVIRONMENTAL IMPACT REPORT 4.1 Response to Comments Michael Baker will respond to comments received on the Draft EIR during the 45-day public review period, and any additional comments raised during public hearings. Michael Baker will prepare thorough, reasoned, and sensitive responses to relevant environmental issues. This task includes written responses to both written and oral comments received on the Draft EIR (includes review of hearing transcripts, as required). The Draft Responses to Comments will be prepared for review by City staff. Following review of the Draft Responses to Comments, Michael Baker will finalize this section for inclusion in the Administrative Final EIR. It is noted that at this time the extent of public and agency comments that will result from the review process is unknown. Michael Baker has budgeted conserva tively, based upon our understanding of the project and potential scrutiny involved with similar projects. Should the level of comments and response exceed our estimate, Michael Baker will submit additional funding requests to the City in order to complete the responses. 4.2 Mitigation Monitoring and Reporting Program To comply with the Public Resources Code Section 21081.6 (AB 32180), Michael Baker will prepare a Mitigation Monitoring and Reporting Program to be defined through working with City staff to identify appropriate monitoring steps/procedures and in order to provide a basis for monitoring such measures during and upon project implementation. The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the Mitigation Monitoring and Reporting Program for the proposed project. The Checklist indicates the mitigation measure number as outlined in the EIR, the EIR reference page (where the measure is documented), a list Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 41 of Mitigation Measures/Conditions of Approval (in chronological order under the appropriate topic), the Monitoring Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks. 4.3 Final EIR The Final EIR will consist of the revised Draft EIR text, as necessary, and the “Comments to Responses” section. The Draft EIR will be revised in accordance with the responses to public comments on the EIR. To facilitate City review, Michael Baker will format the Final EIR with underlined text for any new or modified text, and strike out text for any deleted text. A NOA of the Final EIR will be sent to all parties on the Draft EIR distribution list as well as anyone who commented on the Draft EIR. Michael Baker will prepare a NOD to be filed with the County Clerk and sent to the State Clearinghouse within five days of EIR certification. This scope of work excludes the required fees for the CDFW. 4.4 Findings and Statement of Overriding Considerations Michael Baker will provide administrative assistance to facilitate the CEQA process including the preparation of the Findings and Statement of Overriding Considerations for City use in the project review process. Michael Baker will prepare the Findings in accordance with the provisions of Section 15091 and 15093 of the State CEQA Guidelines and in a form specified by the City. Michael Baker will submit the Draft Findings for City review and will respond to one set of City comments. 5.0 PROJECT COORDINATION AND MEETINGS 5.1 Environmental Review Coordination Mr. Eddie Torres will be responsible for management and supervision of the EIR project Team as well as consultation with the City staff to incorporate City policies into the EIR. Mr. Torres will undertake consultation and coordination of the project and review the EIR for compliance with CEQA requirements and guidelines and City CEQA procedures. Michael Baker will coordinate with state and local agencies regarding this environmental document. Mr. Torres will coordinate with all technical staff, consultants, support staff, and word processing toward the timely completion of the EIR. It is the goal of Michael Baker to serve as an extension of City staff throughout the duration of the EIR project. 5.2 Environmental Review Meetings Mr. Torres will participate in staff meetings and represent the project Team at public hearings and make presentations as necessary. For budgeting purposes, Michael Baker anticipates a “kick-off meeting” (refer to Task 1.1), “scoping meeting” (refer to Task 1.3), progress meetings via conference call/WebEx as necessary, and four additional public meetings/hearings. Mr. Torres along with other key project Team personnel will also be available to attend additional meetings or hearings, as needed. Should additional hearings be necessary beyond those identified above, services will be provided on a time and materials basis. • One (1) kickoff meeting with City staff (refer to Task 1.1). Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 42 • One (1) scoping meeting (refer to Task 1.3). • Progress meetings with City staff via conference call/WebEx assumes five (5) meetings to provide written and oral progress reports, resolve issues, review comments on Administrative documents, and receive any necessary direction from City staff. • Five (5) public meetings/hearings with presentations as necessary. This includes a Community Workshop, Planning Commission, and City Council meetings. 6.0 DELIVERABLES The following is a breakdown of all EIR-related products/deliverables in accordance with the RFP. NOP with Initial Study: • Five (5) hardcopies and one (1) electronic copy of the Administrative Draft Initial Study (word and pdf) • One (1) electronic copy (word/pdf) of the Administrative Draft and Final NOP • State Clearinghouse submittal, including fifteen (15) copies of the NOP and Initial Study Checklist • Thirty (30) copies of the NOP with Initial Study Checklist to agencies/interested parties of the City’s distribution list Administrative Draft EIR: • Five (5) hardcopies and one (1) electronic copy (word and pdf) of the Administrative Draft EIR • One (1) electronic copy of the complete Appendices Screencheck Administrative Draft EIR: • Ten (10) hardcopies and one (1) electronic copy (word and pdf) of the Screencheck Draft EIR • One (1) electronic copy of the Screencheck Administrative Draft prepared in Microsoft Word (all changes will be reflected in track changes format) • One (1) clean electronic copy of the Screencheck Administrative Draft prepared in Adobe pdf file format (with exhibits included) Public Review Draft EIR: • Thirty (30) hardcopies of the Public Review Draft EIR (technical appendices on CD) • One (1) hardcopy of the Public Review Draft EIR Technical Appendices • Thirty (30) CDs that contain the Public Review Draft Document and technical appendices for distribution • Clearinghouse submittal package, including one (1) copy of the Notice of Completion, fifteen (15) copies of the Notice of Availability, fifteen (15) copies of the Clearinghouse Summary Form, and fifteen (15) CDs that contain the Public Review Draft Document and technical appendices • One (1) electronic copy of the Notice of Availability Final EIR: • One (1) electronic copy of the Draft and Final Responses to Comments • One (1) electronic copy of the Draft and Final Mitigation Monitoring and Reporting Program • Fifty (50) hardcopies of the Final EIR • Twenty (20) CDs of the Final EIR Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 43 • One (1) electronic copy of the Notice of Determination • One (1) electronic copy of the Draft and Final Findings of Fact/Statement of Overriding Considerations (word and pdf) Azusa Business Center Project August 17, 2017 IV. Methodology Overview and Approach 44 SCHEDULE The following Preliminary Schedule assumes authorization to proceed with the work program by October 2017. EIR Kickoff Month 1 Peer Review of Technical Studies Month 1 Notice of Preparation Month 1 30-Day NOP Public Review Months 1 - 2 Receipt of Revised Technical Studies Month 2 EIR Scoping Meeting Month 2 Administrative Draft EIR preparation Months 1 - 4 Review of Administrative Draft EIR Month 5 Preliminary Draft EIR preparation by Michael Baker Month 5 Review of Preliminary Draft EIR Month 6 Complete, Publish, and Circulate Draft EIR Month 6 45-Day Public Review Period Months 6 - 7 Hearing during the Draft EIR Review to receive Comments Month 7 Michael Baker prepares Responses to Comments Month 8 Review of Responses to Comments Month 8 - 9 Michael Baker prepares Administrative Final EIR Months 9 Review of Administrative Final EIR Month 9 Complete, Publish, and Circulate Final EIR Month 9 Certification Hearings TBD Azusa Business Center Project August 17, 2017 V. Compensation 45 V. Compensation Azusa Business Center Project August 17, 2017 V. Compensation 46 This page left intentionally blank. Azusa Business Center Project August 17, 2017 VI. Exceptions/Deviations 47 VI. Exceptions/Deviations The following are exceptions to the City’s standard contract language. Modifications have been noted as underlined text for any new or modified text, and strike out text for any deleted text. 3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub- consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Such insurance shall be in amount not less than $1,000.00 per claim. Defense costs shall be paid in addition to limits. 3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of wa rranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with legal counsel chosen by Consultant and reasonably acceptable to the City, at Consultant’s own cost, expense and risk, any and all claims, actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as party of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. Azusa Business Center Project August 17, 2017 VI. Exceptions/Deviations 48 This page intentionally left blank. CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 18th day of September, 2017 by and between the City of Azusa, a municipal corporation organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”) and Michael Baker International with its principal place of business at 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing environmental consulant services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Azusa Todd project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from Septemeber 18, 2017 to completion of the Azusa Todd project, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. Michael Baker International Page 2 of 17 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Eddie Torres, Starla Baker, and Ryan Chiene 3.2.5 City’s Representative. The City hereby designates Kurt Christiansen, FAICP, Director of Economic and Community Development or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. Michael Baker International Page 3 of 17 3.2.6 Consultant’s Representative. Consultant hereby designates Eddie Torres or his/her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable Michael Baker International Page 4 of 17 for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which Michael Baker International Page 5 of 17 require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result Michael Baker International Page 6 of 17 of Consultant’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit Michael Baker International Page 7 of 17 shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement. 3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Such insurance shall be in amount not less than $1,000.00 per claim. 3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set Michael Baker International Page 8 of 17 forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employers’ Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: coverage shall not be canceled except after (30) days (10 days for non payment of premium) prior written by U.S. mail, has been given to the City. 3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense Michael Baker International Page 9 of 17 expenses. 3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, Michael Baker International Page 10 of 17 data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred seventy five thousand and four hundred five ($175,405.00) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Michael Baker International Page 11 of 17 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 Ownership of Materials and Confidentiality. 3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. Michael Baker International Page 12 of 17 3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subcontractors, or those provided to Consultant by the City. 3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.5.5 Confidentiality. All Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Michael Baker International Page 13 of 17 3.6 General Provisions. 3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Michael Baker International 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 Attn: Eddie Torres, Associate Vice President City: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attn: Kurt Christiansen, FAICP, Director Economic and Community Development Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.2 Indemnification. 3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with legal counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims, actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Michael Baker International Page 14 of 17 Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as party of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and Michael Baker International Page 15 of 17 subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 3.6.16 Authority to Enter Agreement. Consultant has all requisite power and Michael Baker International Page 16 of 17 authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON NEXT PAGE] Michael Baker International Page 17 of 17 CITY OF AZUSA Michael Baker International By: By: Mayor Joseph Romero Rocha Name: Attest: Title: City Clerk Approved as to Form: Best Best & Krieger LLP By: Name: City Attorney Title: Michael Baker International Page 1 of 17 EXHIBIT “A” & “B” SCOPE OF SERVICES, SCHEDULE OF SERVICES AND COMPENSATION ARE FOUND ON THE ATTACHED PROPOSAL Attachment #3 – List of Firms Firm Name Environmental LSA $127,00.00 Rincon Consultant, Inc. $152,070.00 De Novo Planning Group. $128,590.00 Kimley-Horn $159,322.00 UltraSystems $182,110.00 Michael Baker $176,295.00 T&B Planning $176,990.00 LSA $127,00.00 Rincon Consultant, Inc. $152,070.00 De Novo Planning Group. $128,590.00