2020/02/05 Michael Baker International, Inc. Technical Studies and an Initial Study-Mitigated - Newport Pointe ProjectCITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
TECHNICAL STUDIES AND AN INITIAL STUDY -MITIGATED NEGATIVE
DECLARATION AND TECHNICAL STUDIES FOR THE NEWPORT POINTE
PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and effective
this _ day of� , 2020 ("Effective Date") by and between the CITY OF MENIFEE
a California municipal corporation, ("City") and MICHAEL BAKER INTERNATIONAL INC,
a Pennsylvania Corporation ("Consultant"). City and Consultant may sometimes herein be
referred to individually as a "Party" and collectively as the "Parties."
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the "Services"). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on February 5,
2020 and shall end on December 31, 2020 unless the term of this Agreement is otherwise
terminated or extended as provided for in Section 8. The time provided to Consultant to complete
the Services required by this Agreement shall not affect City's right to terminate this Agreement,
as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that
Consultant is a provider of professional and services and Consultant is experienced in performing
the Services contemplated herein and, in light of such status and experience, Consultant shall
perform the Services required pursuant to this Agreement in the manner and according to the
standards observed by a competent practitioner of the profession in which Consultant is engaged
in the geographical area in which Consultant practices its profession and to the reasonable
satisfaction of the Contract Administrator.
1.3 Assi ment of Personnel. Consultant shall assign only competent
personnel to perform the Services pursuant to Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the reassignment of any such
persons, Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform
any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt
of authorization from the Contract Administrator.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed EIGHTY THREE
THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS AND ZERO
CENTS ($83,975.00) notwithstanding any contrary indications that may be contained in
Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount
of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified
below shall be the only payments from City to Consultant for the Services rendered pursuant to
this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate
services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
C. A "Task Summary" containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City's option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative's signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
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29844 Haun Road
Menifee, CA 92586
2.2 Monthiy Payment. City shall make monthly payments, based on invoices
received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred.
City shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount
due pursuant to this Agreement within sixty (60) days after completion of the Services and
submittal to City of a final invoice, if all of the Services required have been satisfactorily
performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or
cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hours Fees. Fees for the Services performed by Consultant on an hourly
basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the
maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates
this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs
and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
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SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant's compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter -insured suits between City and other Insureds.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense,
maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant pursuant to the provisions of the
California Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability
Insurance shall be provided with limits of not less than ONE MILLION
DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease
per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the
alternative, Consultant may rely on a self-insurance program to meet those requirements, but only
if the program of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the California Labor
Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is
provided, or Consultant, if a program of self-insurance is provided, shall waive all rights of
subrogation against City and its officers, officials, employees, and authorized volunteers for loss
arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non -owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
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Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
C. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims -made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or
self -insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims -made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with
another claims -made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Consultant's sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
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4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status, including endorsements. All
copies of policies and certified endorsements shall show the signature of a person authorized by
that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following
reference: TECHNICAL STUDIES AND AN INITIAL STUDY -MITIGATED NEGATIVE
DECLARATION AND TECHNICAL STUDIES FOR THE NEWPORT POINTE
PROJECT. The name and address for Additional Insured endorsements, Certificates of Insurance
and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must
be endorsed as an additional insured for liability arising out of ongoing and completed operations
by or on behalf of Consultant.
C. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if. (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self insured retention is increased.
d. Additional insured primaEy insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self -insured Retentions. Consultant shall obtain the
written approval of City for the self -insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self -
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self -insured
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retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City's interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have
if Consultant fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option, exercise any of the
following remedies, which are alternatives to other remedies City may have and are not the
exclusive remedy for Consultant's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, , Consultant shall indemnify, and
hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from
and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes
of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, the legal costs of counsel retained
by City) and any judgment (collectively, "Claims") to the extent same are caused in whole or in
part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents,
employees, or subcontractors (or any entity or individual that Consultant shall bear the legal
liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, and hold harmless City, and any and all of its officers, employees, officials,
volunteers, and agents from and against any and all Claims, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, a negligent act, error,
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omission or willful misconduct in the performance of this Agreement by Consultant or by any
individual or entity for which Consultant is legally liable, including but not limited to officers,
agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not
apply to claims occurring as a result of City's negligence. The provisions of this Section 5 shall
not release City from liability arising from negligence or willful acts or omissions of City or any
and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall not be an employee of City. City shall
have the right to control Consultant only insofar as the results of the Services rendered pursuant to
this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System ("PERS") as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall
comply with all applicable local, state, and federal laws and regulations applicable to the
performance of the work hereunder. Consultant shall not hire or employ any person to perform
work within City or allow any person to perform the Services required under this Agreement unless
such person is properly documented and legally entitled to be employed within the United States.
Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations
of the State of California, will be the minimum paid to all laborers, including Consultant's
employee and subcontractors. It is understood that it is the responsibility of Consultant to
determine the correct scale. The State Prevailing Wage Rates may be obtained from the California
Department of Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections
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465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with
such requirement shall be maintained in a safe and secure location at all times, and readily available
at City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all licenses, permits,
qualifications, and approvals of whatsoever nature that are legally required to practice their
respective professions. Consultant represents and warrants to City that Consultant and its
employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all
times during the term of this Agreement any licenses, permits, and approvals that are legally
required to practice their respective professions. In addition to the foregoing, Consultant and any
subcontractors shall obtain and maintain during the term of this Agreement valid Business
Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause
upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon
30 days' written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall
be entitled to compensation for the Services performed up to the date of termination; City,
however, may condition payment of such compensation upon Consultant delivering to City any or
all documents, photographs, computer software, video and audio tapes, and other materials
provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end
date of this Agreement beyond that provided for in Subsection I.I. Any such extension shall
require a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to
reimburse Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.5 Amendments. The Parties may amend this Agreement only by a writing
signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree
that this Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized personal
knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and
is the professional reputation and competence of Consultant. Consultant may not assign this
Agreement or any interest therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance contemplated and provided for
herein, other than to the subcontractors noted in Consultant's proposal, without prior written
approval of the Contract Administrator. In the event that key personnel leave Consultant's employ,
Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of
this Agreement and all provisions of this Agreement allocating liability between City and
Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any
of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of
the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
C. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data,
maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
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records, files, or any other documents or materials, in electronic or any other form that Consultant
prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder
shall be the property of City. Consultant hereby agrees to deliver those documents to City upon
the expiration or termination of this Agreement. It is understood and agreed that the documents
and other materials, including but not limited to those described above, prepared pursuant to this
Agreement are prepared specifically for City and are not necessarily suitable for any future or other
use. Any use of such documents for other projects by City shall be without liability to Consultant.
City and Consultant agree that, until final approval by City, all data, plans, specifications, reports,
and other documents are confidential and will not be released to third parties without prior written
consent of both Parties unless required by law.
9.2 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, rights of reproduction, and other intellectual property embodied in plans, specifications,
studies, drawings, estimates, test data, survey results, models, renderings, and other documents or
works of authorship fixed in any tangible medium of expression, including but not limited to,
physical drawings, digital renderings, or data stored digitally, magnetically, or in any other
medium, which are prepared or caused to be prepared by Consultant under this Agreement
("Documents and Data"). Consultant shall require all subcontractors to agree in writing that City
is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor
prepares under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents and Data. Consultant makes no such representation and
warranty in regard to Documents and Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in its use
of the Documents and Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
9.3 Consultant's Books and Records. Consultant shall maintain any and all
ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for the Services or expenditures and disbursements charged to
City under this Agreement for a minimum of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that
Section 9.3 of this Agreement requires Consultant to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours, upon oral or written
request of City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this
Agreement shall be subject to the examination and audit of the State Auditor, at the request of City
or as part of any audit of City, for a period of three (3) years after final payment under this
Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either Party to this Agreement brings any action,
including an action for declaratory relief, to enforce or interpret the provision of this Agreement,
the prevailing Party shall be entitled to reasonable attorneys' fees and expenses including costs, in
addition to any other relief to which that Party may be entitled; provided, however, that the
attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for
legal services multiplied by the reasonable number of hours spent by the prevailing Party in the
conduct of the litigation. The court may set such fees in the same action or in a separate action
brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall
govern the interpretation and enforcement of this Agreement. In the event that either Party brings
any action against the other under this Agreement, the Parties agree that trial of such action shall
be vested exclusively in Riverside County.
10.3 Severabilfty. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected thereby and all other parts of this Agreement
shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific
provision of this Agreement does not constitute a waiver of any other breach of that term or any
other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to
the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be
handled for Consultant by Peter Minegar, CEP -IT, Project Manager ("Consultant's
Representative"). The Consultant's Representative shall have full authority to represent and act
on behalf of Consultant for all purposes under this Agreement. The Consultant's Representative
shall supervise and direct the Services, using his 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.
10.8 Qi1y Contract Administration. This Agreement shall be administered by a
City employee, Cheryl Kitzerow, Community Development Director ("Contract Administrator").
All correspondence shall be directed to or through the Contract Administrator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
2671/031858-0001
7630421.2 a01/13/20 -12-
MICHAEL BAKER INTERNATIONAL CORPORATION
Attn: Peter Minegar, CEP -IT, Project Manager
40810 County Canter Dr, Suite 100
Temecula, CA 92591
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Cheryl Kitzerow, Community Development Director
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page of a technical report, first page of design specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and
Signature of Registered Professional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached
hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either Party by reason of
the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of
each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing,
(ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by
so executing this Agreement, such Party is formally bound to the provisions of this Agreement,
and (iv) that entering into this Agreement does not violate any provision of any other Agreement
to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs,
executors, assigns, and all persons claiming under or through them, that in the performance of this
Agreement there shall be no discrimination against or segregation of, any person or group of
persons on account of any impermissible classification including, but not limited to, race, color,
creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement
and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or
any successor in interest, in the event of any default or breach by City or for any amount which
may become due to Consultant or to its successor, or for breach of any obligation of the terms of
this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue
influence or pressure is used against or in concert with any officer or employee of City in
connection with the award, terms or implementation of this Agreement, including any method of
coercion, confidential financial arrangement, or financial inducement. No officer or employee of
City shall receive compensation, directly or indirectly, from Consultant, or from any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or any work to
be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City, Employees. No member, officer, or employee
of City, or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
10.20 Waiver of Consequential Damages. In no event shall either City or
Consultant have any claim or right against the other, whether in contract, warranty, tort (including
negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential
damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits
on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work
interruption, or cost of any financing, howsoever caused, even if same were reasonably
foreseeable; notwithstanding the foregoing, nothing in this paragraph shall limit in any many
Consultant's indemnification obligations as set forth hereinabove; nor shall this paragraph limit
Consultant's liability for procuring replacement services if Consultant fails or refuses to honor its
obligations hereunder.
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10.21 Force Majeure. In no event shall either City or Consultant have any claim or right
against the other for any failure of performance where such failure of performance is caused by or
is the result of causes beyond the reasonable control of the other party due to any occurrence
commonly known as a "force majeure," which, for purposes of this paragraph, is defined to include
acts of God; fire, flood, or other natural catastrophe; acts of any governmental body; labor dispute
or shortage; national emergency; insurrection; riot; or war.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE CONSULTANT
19 - _
Armando G. Villa, City Manager M cliaei T lE a sistant Secretary
r% A. Manwaring, City Clerk
a 1 Tanner III, Vice President
Approwd as to Form:
Je ey . Melching, #ytorney
[Note: 2 officer's signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in -lieu]
2671/031858-0001
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EXHIBIT A
SCOPE OF SERVICES
Services shall include Preparation of Technical Studies and an Initial Study -Mitigated Negative
Declaration for the Newport Pointe Project as further detailed in the following pages, in the not to
exceed amount of EIGHTY THREE THOUSAND NINE HUNDRED SEVENTY FIVE
DOLLARS AND ZERO CENTS ($83,975.00).
EXHIBIT A
2671/031858-0001
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Newport Pointe Project
City of Menifee
INTRODUCTION
IS/MND Proposal
November 12, 20
The project site is located on the southwest quadrant of Evans Road and Newport Road in the City of Menifee. The
proposed project will consist of 14,400 square feet (SF) of retail space, an 18,048-SF grocery store, 7,155 SF of fast food
restaurant space, a 20,000-SF medical office building, a 100-linear foot express carwash, a 12-vehicle fueling position gas
station with convenience market, and a 3,297-SF oil/lube service station. The project site is surrounded generally by
existing residential development in all directions.
Based on Michael Baker's review of the proposed project, Michael Baker proposes the development of the following
technical reports to support thedevelopment of the CfQAdocument:
• Air Quality/Greenhouse Gas Assessment
• Energy Analysis
• Noise Study
• Cultural and Paleontological Resources Assessment
• Habitat Assessment and MSHCP Compliance Assessment
• Optional Burrowing Owl Focused Survey
Based on a review of the 2018 Traffic Impact Analysis (TIA) developed by Lindscott, Law, and Greenspan (LLG), Michael
Baker believes that limited updates to the TIA will be required, namely, that the updates to the TIA will be limited to
reevaluating the trip distribution between project driveways. While Michael Baker can prepare a TIA for the project, we
recommend that the existing TIA be amended by LLG, as it will be more cost effective than preparing a full new TIA
document. Michael Baker has included an optional task to peer review of the TIA in this proposal; however, a new TIA can
be prepared by Michael Baker under a separate scope and fee if needed.
SCOPE OF WORK
TASK1: PROJECT KICKOFF, MEETINGS, AND PROJECT MANAGEMENT
Task la: Project Kickoff Meeting
Michael Baker recommends an in -person kickoff meeting with the City and applicant (if desired by the City). The kickoff
meeting will be conducted to initiate the work effort, review project plans, discuss the project's key environmental
considerations, review the project schedule, and confirm local CEQA processes.
Task 1b: Site Visit and Background Research
Michael Baker will conduct a site visit to document the existing environmental conditions on the project site and in the
surrounding area. In addition, we will review background/source materials to identify the potential environmental
resources and conditions that could be impacted by the project. Michael Baker will obtain and review data for the analysis
of project -relevant policies and documentation, as well as from local, state, and federal agencies, which may be affected
by the project. This information, along with data and information available from the Citywill become part of the foundation
for the environmental document.
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Newport Pointe Project
City of Menifee
Task Sr. Project Description'
tS/MND Proposal
November 12, 20
Michael Baker, upon completion of the kickoff meeting, will prepare a draft project description for the proposed project
for review and comment by C ity staff. After receiving comments and making the appropriate changes, we will submit a
revised version of the project description, which will be the basis for the project's environmental analysis. The project
description, once complete, will be used as the basis for all technical studies developed for the project.
TASK2: TECHNICAL STUDIES
The following technical studies will be prepared and used to support the IS document. Based on a review of the proposed
project, Michael Baker has listed the key technical studies that are anticipated to be required, given the project scope. As
noted in the project understanding, Michael Baker has provided a scope and fee that is focused on key project issues and
has developed a work program that includes a comprehensive yet streamlined set of technical studies and technical tasks.
Task2a: Air Quality Analysis
Exislipo Cardilr'ons The project is located within the South Coast Basin, which is under thejurisdiction of the South Coast
Air Quality Management District (SCAQMD). Baseline meteorological and air quality data developed through the California
Air Resources Board will be utilized for the description of existing ambient air quality. The analysis will also describe and
address the requirements set forth by the SCAQMD CEQAAir Quafity Guidelines and will be structured to address the
applicable questions from Appendix G of the CEQA Guidelines.
Cpl?SlrUC'IiDi)-b!e!47.tefi7liSSliWiI Construction emissions will be quantified with the California Emissions Estimator Model
version 2016.3.2 (CalEEMod). A general description of the major phases of construction and their timing will be required.
The air pollutant emissions during construction will be compared to the SCAQMD regional thresholds of significance.
Naturally occurring asbestos imparts will also be discussed qualitatively,
Lwt4•tenn Ern&ians Operational (i.e., area and mobile source) emissions will be quantified and compared to the
SCAQMD regional thresholds of significance. Primary sources of emissions will be related to area sources and
local/regional vehicle miles traveled. Project consistency with the 2016AirQualityManagement Planwill be evaluated.
As a result of the California Supreme Court decision for Sierra Club vs County ofAresno (fnantRanch L.P.), the resultant
human health impacts from the project's short-term construction and long-term operational air emissions will be
analyzed.
joralized Emissions The project is located within the SCAQMD's Source Receptor Area 24 (Perris Valley). Based on
localized meteorological data for SRA 24, Michael Baker wilt analyze localized impacts based upon the SCAQMD's
Localized Significance Thresholds methodology.
Task 2b: Greenhouse Gas Emissions
6rea7house Gas 1cmisslorzc Michael Baker will review the land use data and prepare an inventory of the greenhouse gas
(GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile sources) and
indirect sources (i.e., energy/water consumption and wastewater/solid waste generation). Total GHG emissions from
construction activdies will be amortized into the GHG emissions inventory. CaKEMod will be used to quantify GHG
emissions. Reductions from recently adopted programs and regulations will be included, such as Improvements in fuel
efficiency, state building code energy efficiency, and landscaping water efficiency. The analysis will review project
consistency with the Southern California Association of Governments 2016-2040 Regional Transportation
1 Michael Baker assumes that the project description will not substantively change during the course of the assignment. Should
the project description change during the course of work, additional Michael Baker staff time may be necessary beyond the
established budget to revise/update the document and the analysis. Should such a scenario arise, we would work with the City
to seek mutually agreeable budget augmentation.
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Newport Pointe Project IS/MND Proposal
City of Menifee November 12, 20
Plan/Sustainable Communities Strategy, California Air Resources Board 2017 Climate Change Scoping Plan, and other
applicable plans forthe purpose of reducing GHG emissions. Mitigation measures will be identified and incorporated, as
necessmy, to reduce potentiallysignificant GHG impacts of the proposed project.
Task2c. Energy
Michael Baker will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3)
and Appendix G of the CEQA Guidelines. These statutes and guidelines require a project to describe, where relevant, the
wasteful, inefficient, and unnecessary consumption of energy caused by a project. In addition, Appendix G of the CEQA
Guidelines requires a consistency analysis with state or local plans for renewable energy or energy efficiency. The analysis
will address energy consumption associated with short-term construction acthdties, long-term operations, buildings, and
tran5portatton. Additionally, the assessment of environmental imparts on energy resources will include mitigation
measures to reduce inefficient and unnecessary consumption of energy, if necessary.
Task 2d: Noise Study
ExislingCO/ ldifionS The applicable noise and land use compatibility criteria for the project area will be reviewed and noise
standards regulating noise impacts will be discussed far 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 four separate locations to establish baseline noise levels In the project area. Noise recording
lengths are anticipated to require approximately 10 minutes at each location. This scope excludes long-term 04-hour)
measurements.
Cafrs&wbr n•Relaled Noise and ir6rafian 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 (Lm.) and hourly equivalent
continuous noise levels (L,,) 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.
Q�fianal Norse SrlrrrCeS Noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic
Noise Prediction Model (FHWA-RD-77-108). The 24•hour weighted community noise equivalent levels (CNEL) will be
presented in a tabular format. On -site noise- generating activities (including noise from the drive -through and parking
lot) will also be addressed and analyzed for potential impacts to the adjacent uses.
Task2e: Cultural Resources Assessment
The cultural resources assessment for the proposed project will be completed by BCR Consulting. BCR Consulting, based
in Claremont, CA, has an extensive work history on commercial projects. Michael Baker and BCR Consulting have a long
history of successfully completed projects.
Research. The records search for cultural resources (archaeological and historical) will be conducted through the Eastern
Information Center (EIC) at the University of California, Riverside. This research will characterize the status and extent of
previous cultural resource studies completed in the project area and will help predict the types of resources expected
within the project site boundaries.
FieldSurvet< BCR Consulting field staff will perform a pedestrian cultural resources survey of the accessible portions of
the project site using 15•meter transect intervals. This fieldwork will be completed under the supervision of a cultural
resource professional that meets the United States Secretary of the Interior's Professional Qualification Standardsfor
archaeology and for architectural history. The goal of this task will be to identify any cultural resources within the project
site boundaries (including prehistoric and historic archaeological and historic architectural resources), and to produce or
update the necessary site records. For the purposes of this proposal, negative findings are anticipated.
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Newport Pointe Project IS/MND Proposal
City of Menifee November 11,10
Report. A cultural resources report will be produced consistent with CEQA requirements, in a format acceptable to the
City. The report will include a project description, cultural setting, methods, results, and recommendations sections.
Relevant maps and photographs will be included, and Department of Park and Recreation 523 forms will be attached to
record any cultural resources identified.
Paleantolor7ical Qverview, BCR Consulting will initiate a paleontological overview for the project with the Western Science
Center for the project. Professional paleontologists will review relevant paleontological sensitivity maps and reports
completed in thevicinity of the project to assess sensitivity for buried paleontological resources (i.e., fossils). The resulting
report will be appended to the cultural resources report.
Sacred lands File Search and tribal Sm k . BCR Consulting will contact the Native American Heritage Commission
(NAHC) to request a Sacred lands File (SLF) search and list of potentially interested tribes. BCR Consulting will then
contact all entities listed to find out whetherany tribeor individual has knowledge of cultural resources within the project
boundaries. During this task, BCR Consulting will send one letter to the NAHC and one mailing to each listed tribe and/or
individual (via regular mail or email). The results of the SLF search and the communications will be appended to the
cultural resources report. It should be noted that this task does not take the place of Assembly Bill (AB) 52 consultation.
The City will perform AB 52 consultation with the appropriate tribes.
Task 2f., Biological Resources — Habitat Assessment and MSHCP Consistency Analysis
Michael Baker will review all biological technical reports previously prepared for the project and surrounding vicinity, if
avatlable, to determine which special -status biological resources are likely to occur on orwlthin the general vicinity of the
project site.' A database search of the California Department of Fish and Wildlife's (CDFM California Natural Diversity
Database, the California Native Plant Society Electronic Inventory of Rare and Endangered VascuW Plants of Califomia
listings, andthe U.S, Fishand Wildlife Service Information for Planningand Consultation onlinesystem and Critical Habitat
mapper will also be conducted to preliminarily identify any special -status biological resources known to occur within the
general vicinity of the project site. The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) will
be reviewed in detail for implications on the proposed project. This will allow Michael Baker to focus its field investigation
on federally and state -listed species, and MSHCP-covered species and habitats known to occur within the vicinity of the
project site. In addition, Michael Baker will review on -site and adjoining soils usfng the U.S. Department of
Agriculture/Natural Resources Conservation Service Soil Survey, as well as historical/current aerial photographs and
topographic maps, to further assess the ecological changes that the project site has undergone.
Following the literature review, Michael Baker will systematically survey the project site to document baseline biological
conditions from which to evaluate the siWs potential to support special -status pfant and wildlife species, including habitats
covered under the MSHCP (e.g., vernal pools, ripariarllriverfne habitat). The field survey will be conducted by a qualified
biologist(s) to document the presencelabsence of special status biological resources, or to determine the potential for
occurrence of such resources that may not be detectable when the literature review is conducted. Special attention will
be given to undeveloped areas that have a higher potential to provide suitable habitat for special -status plant and Width
species, vnth emphases on burrowing owl (Alhenw caniculaQ. Notes will be taken on all plant and wildlife species
observed on -site during the field survey. In addition, the location of any special -status plant and wildlife species and
special -status vegetation communities will be mapped, if present on -site. Vegetation communities occurring within the
project site will be classified in accordance with the vegetation descriptions in the MSHCP and cross-referenced with A
Manual of Califomia itegelation (Sawyer et al. 2009). Data collected during the field survey will provide an overall
understanding of the project setting and biological resources potentially occurring in the area. These datawill further be
used to develop all appropriate environmental clearance strategy for implementing the proposed project.
As used in this scope of work, "special -status" refers to those plant and wildlife species that are federally or state -listed,
proposed, or candidates; plant species that have been designated a California Rare Plant Rank by the California Native Plant
Society; species that are designated as Fully Protected, Species of Special Concern, or Watch List species by the CDFW; and
species that are covered under the MSHCP.
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Newport Pointe Project /S/MND Proposal
City of Menifee November 12,10
Michael Baker will prepare a Habitat Assessment and MSHCP Consistency Analysis Report to summarize the information
and results obtained during the literature review and field survey, document all plant, wildlife, and vegetation communities
observed; and determine the potentlaI for any special -status species to occur on or within the vicinity of the project site.
In addition, a consistency analysis will be completed to document compliance with the MSHCP and Identify potential
impacts to MSHCP•covered species and habitats (e.g., vernal pools, 6 pa rfa n/rived ne resources). Site photographs taken
during the field survey and geographic information systems (GIS) figures will be Inc Iuded to further enha nce writ ten text
and visually identify specific biological Information as it relates to the project site. This task includes time for GI analysis
to support the preparation of up to eight figures. In addition, the report will analyze any anticipated project -related
impacts to biological resources and Identify any additional biological surveys, mitigation measures, and/or permit
requirements that may be required prior to implementation of the proposed project. The final report will be sufficient to
make the appropriate consistency determination to demonstrate compliance with the MSHCP.
Optional Task 2g: Traffic Impact Analysis Peer Review
Michael Baker will conduct a technical peer review of the existing TIA to determine If the report has been prepared in
conformance with appropriate guidelines for preparation of traffic impact analysis reports and in accordance with City
procedures for implementing the State CEQA Guidelines, Issues noted in the peer review will be documented and
transmitted to the City via a technical memorandum. The peer review will determine the adequacy of the following key
traffic study components, as appropriate:
• Coordination with City
o Study area definition
o Current traffic counts
o Project trip generation
o Traffic forecasts
• Use of Required Analysis Methodologies
• Analysis Scenarios Addressed
• CEQACompliance
• Traffic Impact Analysis Format
o Safety and operational analysis
o Proposed mitigation measures
o On -site circulation
o General Plan conformance
o Mitigation fee plans
o Fair share calculations for mitigation
o Regional funding mechanisms
Optional Task 2h: Burrowing Owl Focused Survey
Based on a preliminary review, the project site is located within designated survey area for burrowing owl. In accordance
with Section 6.3.2, Additional Survey Needs and Procedures, of the MSHCP, focused surveys for burrowing owl may need
to be conducted within the project site to confirm the presence of suitable habitat and the presence of burrowing owl
prior to development. If burrowing owl are found to be occupying the project site at the time of the focused survey, a
relocation plan will need to be written, approved, and implemented prior to site development. If no burrowing owl are
found during the focused survey, a final preconstruction burrowing awl clearance survey would be required to ensure
burrowing owl remain absent from the project site.
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Newport Pointe Project IS/MND Proposal
City of Menifee November 12, 20
If it is determined that suitable habitat is present, focused surveys for burrowing owl will be conducted in accordance with
the MS[ ICP accepted protocols Thesurveys WWI consist of fourvisits between March 1 and August 31. The focused surveys
will be conducted during the recognized time frame in the morning one hour before sunrise to two flours after sunrise.
Additionally, surveys are not accepted if they are conducted during rain, high winds (> 20 mph), dense fog, or
temperatures over90'F. The entire project sitewill be surveyed bywalking transects in suitable habitat and in areaswithin
150 meters (500 feet) of the project site boundary, as applicable based on topography and site access. Walking transects
will be spaced approximately 10 meters (33 feet) apart or less to ensure 100 percent visual coverage of all areas.
Areas providing potential habitat for burrowing owls will be surveyed for suitable burrows, consisting of natural and non -
natural substrates in areas with low, Open vegetation. All burrows encountered will be examined for shape, scat, pellets,
white -wash, feathers, tracks, and prey remains. The location of all suitable burrowing owl habitat, potential owl burrows,
burrowing owl sign, and any owls observed will be recorded and mapped, with a hand-held GPS unit. Methods to detect
presence of burrowing owls Include direct observation, aural detection, and signs of presence The survey will also include
identification of avian species in the area and observing behaviors that suggest nesting activity.
Fallowing the completion of the focused burrowing uM surveys, a report vrill be prepared that will include a summary of
the methods, conditions, and results of the surveys. Figures depicting the project site and survey area will he inc luded in
the report and identify the location of any occupied or remnant burrows/nests, if found.
TASK3: DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Task 3a: Administrative Draft Initial5tudy/Mitigated Negative Declaration
Using the City's latest CEQA Initial Study (IS) and Environmental Checklist format} Michael Baker will prepare an
administrative draft 15 for review by City staff. The I S will provide written responses to each question on the Environmental
Checklist that describe and qualitatively and/or quantitatively evaluate the project's impact related to each topic- Each
response will include a conclusion regarding the significance of the project's impact, which may be determined to be
potentially significant, potentially significant unless mitigated, less than significant, or nonexistent (i.e., no impact). Based
on the 2019 CEQA Guidelines, the IS/MND will include an analysis of the following impact areas:
• Aesthetics
•
Mineral Resources
• Agriculture and Forestry Resources
•
Noise
• Air Quality
.
Population/Housing
• Biological Resources
•
Public Services
• Cultural Resources
.
Recreation
• Energy
.
Transportation
• Geology/Soils
.
Tribal Cultural Resources
• Greenhouse Gas Emissions
•
Utilities/Service Systems
• Hazards and Hazardous Materials
.
Wildfire
• Hydrology/Water Quality
•
Mandatory Findings of Significance
• Land Use/Planning
The analysis conducted to support such conclusions wil I meet or exceed industry standards and will consider all applicable
environmental regulations and policies as well as guidance provided by responsible, trustee, and oversight agencies,
Michael Baker's approach to preparing mitigation measures (if necessary) is to offer enforceable mitigation measures that
City staff can effectively implement and monitor, Because we have served in a mitigation monitoring role, we fully
understand the importance of having mitigation measures that staff can easily ensure are properly implemented.
3. Michael Baker will work with the City to determine the appropriate CECIA Checklist to utilize forth Is project, given recent
updates to the Appendix G CEQA Checklist.
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Newport Pointe Project
IS/MND Proposal
November 12, 20
Beyond the technical aspects of preparing the IS, Michael Baker's approach to tale CEQA document is to prepare a reader -
friendly document that clearly explains whythe impact is considered not significant or why the recommended mitigation
measures reduce the impact to a less than significant level. To accomplish this, Michael Baker will use a combination of
narrative, figures, photographs, maps, tables, and other visual alds. We believe that our reader -friendly approach will
greatly ald the City in meeting two of the core purposes of CEQA informing the public about the environmental imparts
of the project and allowing decision -makers to consider the projecrs. environmental consequences before deciding
whether to approve the project.
Task 3b: Draft Initial Study/Mitigated Negative Declaration
After receiving the Citys comments on the administrative draft I and making the appropriate changes, Michael Baker
All II prepare a proof -check version of the I for City consideration. We assume that the proof -check version will adequately
address any substantive comments which the City had and that the Citys comments on the proof -check version will be
limited to edits and clarifications of final points. Michael Baker will address such final edits/clarifications and prepare a
final version of the 15 for public review.
TASK4: NOTICES AND PUBLIC REVIEW
Task 4a: Circulation and Public Notification
Michael Baker wi 11 assist the City in circulating the environmental document for public review. For this task, wewi11 prepare
a Notice of Intent [NO]) to Adopt an MND. We will file the NOI with the County Clerk and will assist the City in the
distribution (i.e., mailing) of the Not, We assume that the Citywlll be responsible for publishing the notice in the local
newspaper and/or posting the notice on- and off-slte, if desired Our proposal includes circulation of the N01 and
proposed IS/MND through the State Clearinghouse. Michael Bakerwill send out up to 50 NOls to surrounding residents
and agencies, Additional NON can be mailed out on a time and materials basis.
TASK 5: FINAL INITIAL STUDY
Once the public review periods have ended, Michael Baker will prepare a Final IS document, which will include a response
to comments as well as any errata resulting from the public comments.
Task So: Responses to Comments
While not required by CEQA, it is Michael Baker's recommendation to prepare written responses to comments on the
proposed MND. Michael Baker is available to prepare responses to comments on environmental issues raised during the
public review period. An administrative draft version of the responses to comments will be submitted to the City for review
and comment. After receiving the Citys comments and making the appropriate changes, we will submit a final version of
the responses to cam ments tothe City. Since it is unknown the number of public comments that will be received for the
project, Michael Baker has allocated 16 hours of staff time for responses to comments. In the event that a substantial
number of comments is received that will require beyond 16 hours, Michael Baker will provide the City with an estimate
for the number of hours and cost required to complete the responses to comments.
Task 5b: Mitigation Monitoring and Reporting Program
A Mitigation Monitoring and Reporting Program {MMRP} must be completed prior to adoption of the MIND. It may be
included in the MND or take the form of a separate document, which need not be circulated to the public Michael Baker
will prepare an MMRP for the project using the City's standard format. An administrative draft version of the MMRP will
be submitted to the City for review and comment. After receiving the Citys comments and making the appropriate
changes, we will submit the final MMRP to the City.
This task does not include construction monitoring after the Citys adoption of the MMRP. Should mitigation monitoring
be required (biological preconstruction training or surveys, cultural resources training or monitoring, tribal monitoring,
etc.), Michael Baker can provide these services under a separate scope and fee.
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Newport Pointe Project IS/MAID Proposal
City of Menifee November 12, 20
TASK6: PROJECT MANAGEMENT, MEETINGS, AND PUBLIC HEARINGS
Task 6a: Project Management and Meetings
The Michael Baker project manager will he available for ongoing coordination and project management for the proposed
project. Michael Baker assumes attendance at two project status conference calls throughout the CEQA process, in
addition to the klckoff meeting, and approval hearings Michael Baker also assumes ongoing management of the
proposed project Michael Baker assumes 25 hours of project management and meeting time for the proposed project.
Additional project meeting and management time can be provided on a time and materials basis if required.
Task 6b: Approval Hearings
Michael Baker's project manager will be avallable for approval hearing support. The project manager can attend up to
two public hearings for the project. Upon request, we will also be available to assist City staff in preparing and presenting
the environmental findings of the project and will be available to answer questions regarding CEQA and the project's
environmental document Michael Baker assumes 12 hours of project approval hearing support, Including hearing
preparation and meeting attendance. Additional approval hearing support ran be provided on a time and materials basis
if required.
Task 6c: Notice of Determination
Michael Baker will prepare a Notice of Determination in accordance with Section 15094 of the State CEQA Guidelines for
the City to file with the County Clerk. We recommend that the City file the Notice of Determination within 5 days of
adopting the MND to establish a 30-day statute of limitations. Michael Baker assumes that the City or applicant will
provide the required Califomla Department of Fish and W Idlife fee,
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Newport Pointe Project
City of Menifee
SCHEDULE
IS/MND Proposal
November 12.10
Michael Baker is committed to completing the project in a time frame that meets the Citys needs. Michael Baker has
included a typical ISIMND schedule below. Depending on the Citys needs, Michael Baker may be able to expedite the
schedule if desired bythe City.
Kickoff Meeting and Site Visit
Duration
1
Week 1
Project Description
1
Week 2
Prepare Technical Studies
6-8
Weeks 2-8
Prepare Administrative Draft IS
10
Weeks 2-10
City Review of Administrative Draft IS
2
Weeks 11-12
Prepare Proof -Check Draft IS
1
Week 13
City Review of Proof -Check Draft IS
1
Week 14
Finalize IS for Publication
<1
Week 15
Prepare Notices and Circulate, Publish, and Distribute IS and Notice
of Intent
<1
Week 15
Public Review Period2
4
Weeks 15-19
Prepare Responses to Comments and MMRP
1
Week 20
Public Hearings to Consider Adoption of Mitigated Negative
Declaration
TBD
TBD
File Notice of Determination
<1
Week TBD
Assumptaig
1. me draft schedule /s fora typical pmjert and does not arrount forhol/days VOUMbg on dIMUSS/ons with the l/ty, Diem /s
poNY"to exped,?e the projpct- Oda
2. The schedulearsumesa30-dayredewpen'w/l/State[7Pinh0ouserevlew/snot mquiredthe mlewper/odcculdbereduced
to 20 days
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Newport Pointe Project
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FEE
The proposed fee to prepare an IS and related technical studies for the proposed project is detailed below.
2anOH.LL'rA2n MA K LAkd I , TO PF Coen
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IS/MND Proposal
November 12, 20
Newport Pointe Project /S/MND Proposal
City of Menifee November 12, 2019
PROJECT TEAM OVERVIEW
Michael Salter has assembled a team of highly qualified individuals to respond to the needs of the City. The project team
will be ied by Peter M1negar, who has extensive project experience in commercial development projects throughout she
Inland Empl re. Robert Stark will serve as the Project Qua] ity Assu ra nce/Qua lity Control lead for the project, Mr. Stark has
extensive commercial development experience, including projects In Riverside and San Bernardino Counties, The project
management team will be supported by a team of technical staff and suhconstrltants. Michael Baker has retained a
subconsulta n r, BCR Consulting, to support the project team. Michael Balser has a longstanding working relationship and
a track record of successful projects with BCR Consulting.
KEY STAFF RESUMES
Resumes have been provided for the project management team members who would be responsible for development
and management of the IS/MND. A summary of all project team members has been included as welt. Resumes for the
entire project team are available upon request.
PETER MINEGAR, CEP -IT (PROJECT MANAGER)
meglstratroNCerdNwtlon:
Certified Environmental Professional, In Training
Years of Experience: 6
Education:
Graduate Studies, Environmcmal polky, University of Denver
BS, City and Regional Planning. California PC Whnic State University, San Luis Obispo
Prolesshmal Adllladons:
Association of Environmental Professionals
Mr. Minegar, as a project manager at Michael Baker, oversees and prepares environmental and planning documents for public and
private sector clients, Mr. Minegai s responsibititles include public hearing presentations, and coordination of our extensive in-house
Leam of experts as well as va 60m subcontractors, He draws on his broad background and understanding of environmental constraints
to provide technical and CEQA compliance review and er0onmental documentation, In addition to research, analysis, am writing. Mr.
Minegar has been involved in the preparation of a number of CEQA and National Environmental Policy Act (NEPA) romplia nce documents
(IS/NDs, environmental impart reports environmental assessments, emdronmental impact statements) as well as general plan and other
policylevel planning documents Mr. Minegar has a broad range of environmental planning experience ranging from project -level
analysis for infrastructure improvements to program-)evel analysis for long-range planning projects. He has been involved in preparing
environmental and planning documentation, as well as representing agency staff, an a range of highly controversial projects subject to
scrutiny bore general public, environmental organizations, and public agencies
Relevant Experfencp:
' 1-15 Logistics Project EIR (City of Fontana)
• Lakeland Village Community Plan IS/MND (Riverside County)
■ Camino Sierra Pressure Zone Conversion IS/MND (Rancho California Water District)
Clean Water Factory Project EIR (City of San Bernardino Municipal Water Department)
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Newport Pointe Project IS/MND Proposal
City of Menifee November 12, 2019
ROBERT STARK, AICP (QA/QQ
Reglstration/Certiflcatlon: Education:
American Institute of Certified Planners MCRP, City and Regional Planning. California State Polytechnic University
Years of Experience: 22 BA, Urban Studies and Planning, University of California San Diego
Mr. Stark has many years of experience in the preparation and management of environmental review documents pursuant to CEQA and
NEPA. His expertise in guiding high -profile and controversial projects through the rigors of state and federal environmental review and
permitting processes has made him a valued advisor to public agencies throughout California. His broad base of knowledge ranges from
air quality, noise, and traffic analysis to habitat restoration and climate change. Mr. Stark is a highly regarded instructor of professional -
level seminars and continuing education courses on the topics of CEQA and environmental impact analysis.
Relevant Experience:
• Ord Mountain Solar EIR (San Bernardino County)
Temecula Gateway EIR (City of Temecula)
San Diego Civic Center Redevelopment Project EIR Addendum (City of San Diego)
ADDITIONAL STAFF
fielmv is a list of additional staff members who will support the project management team with the development of the
IS/MN D. Resumes for the entire project team are available upon request.
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Newport Pointe Project
City of Menifee
IS/MND Proposol
Team Member Name yeam
November 12, 2019
ea 1`1 P=Ltliq
Prof
of
ry an
Environmental
m esswna meet
erg
Penn aria, 200 4
On Ca General Plan P nnin and
a g
Transportation Planning
9
Engineering, Carnegie
PE070655
EnvironmentalSupport Riverside Counly,
Mellon University
Professional Traffic
Califom4- Rrw�rsko Comfy.
la Emrada SPecfic Plan, Coachella, Califomia.
Operations Engineer,
PSAV, ILC.
2008, 2468 •
PlanniLakeland Village Community ng Riverside
Caunty, California. RhtwwreCounty.
•
I-1WRbbertson/Natio-nallmerchange
Improvement Project, Los Angeles, California.
EddfeTerres,iHCE 20
Senior Project
kAS.2005 Mechancal
Engineering Un6v5ityof
nsl*"OFNoisc
Control
Manager/Director of
Southern Caldomla
Engineering
2002
SOntilakeEIRSan8eisticsAirno, Airport
California Logistics arpart Specific
Technical Studies
BS, Mechanical
Pan Am
Plan Amendment and Rail Se v ce Proles
y Ydn*- CA
Engineering,
ing University of
�
California, Irvine
BA21010 Environmental
Analysis and Desigq
UnMenily of California,
Irvine
PferteGfelze 3
Air Quality/GHG/Noise
BS,2016,
MMearolog�yrCtimatology
:
115 Logistics EIR ronrarra, CA
San Jose State
Alder Logistics Technical Studies. Bbwyngron,
University
•
C•
Ling Yen Mountain Temple Expansion Project
David Brurrrell 23
Cultural Resources
MA 2DOP.
Mthwpolo�/Archaeolo
BLM Principal
InHestigatorfor
tI WI ,, CA
nriu lake Culural Resources Assessment
gy, Caldomia State I
University, Fullerton
Cultural Resource .
Investigations
Sa
San&vrzartl6aa, CA
Simi Valley Oak Woodland Regeneration and
BA 1997,Anthropology,
(California, Great
Management Plan. Simlw&y, CA.
California State
Basin)
University, Fullerton
California Depanmem
of Transportation
Principal Investigator
i
for Cultural Resources
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