CEQA Consultant for Lake Rialto Habitat Management and
Community Open Space Project
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO/ RIALTO UTILITY AUTHORITY AND ENPLANNERS, INC.
This First Amendment to the Services Agreement (“First Amendment”) is hereby entered into this 12th day of September 2023 by and between the City of Rialto/Rialto Utility Authority, Enplanners, Inc. (“Consultant”), and the Rialto Utility Authority, a joint powers authority (“RUA”), on the terms and conditions stated below. RUA and Consultant are hereinafter collectively referred to as the “Parties.”
RECITALS
The Parties entered into the Professional Services Agreement for an Initial Study/Mitigated Negative Declaration and Supporting Technical Studies on the 15th of June 2022 (the “Agreement”).
The Parties mutually desire to amend the Agreement to provide additional compensation for 1) preparation of a CEQA Plus IS/MND for the projects included in the City’s WIFIA loan application; 2) preparation of supporting technical studies and Tribal consultation assistance for the WIFIA projects; 3) Tribal consultation assistance for the RHNC Project; and 4) additional tasks for the RHNC Project related to coordination with agencies regarding RHNC operational benefits.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises set forth herein, the Parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
AMENDMENT. The Agreement is hereby modified and amended as follows:
Exhibit A is hereby amended to include the new scope of work:
Scope of Work
The tasks described below will be performed in accordance with the “Proposal to Prepare an Initial Study/Mitigated Negative Declaration for the Lake Rialto Habitat Management and Community Open Space Project” dated May 19, 2022, authorized June 15, 2022. The following task numbers for this contract amendment expand upon the original task numbers contained in Exhibit “A” of the executed agreement with the City.
Task 1. Project Initiation and Project Definition
1.1: WIFIA Projects
The Enplanners team will meet with City Staff and other members of the Project team to discuss project history, the project description, specific project issues, anticipated technical reports, and schedule. The City will provide a preliminary list, design and concept plans for the Project. Enplanners will prepare the draft project description and schedule and submit both to the City for review. Ray Hussey will perform the duties as Project Manager and will be the primary contact for the City.
Deliverable: A project description and project schedule.
Meeting: Attendance at one kick-off meeting.
1.2: RHNC Project Coordination
The Enplanners team will participate in discussions with affected agencies regarding future habitat and maintenance benefits the RHNC Project could produce. These benefits may involve additional environmental analysis and review not included as part of the proposed Project. Nonetheless, the Enplanners team will participate and assist in discussions with other agencies such as the San Bernardino Valley Municipal Water District (SBVMWD) regarding future benefits of the Project.
Deliverable: Agency coordination.
Meetings: To be determined.
Task 2. Technical Studies
Task 2.5: WIFIA Air Quality and Greenhouse Impact Analysis (Urban Crossroads (UC)
2.5.1: Air Quality Report
Evaluate the existing conditions of the project study area; this will include gathering background air quality data, local wind patterns in the study area and identifying applicable rules, plans and thresholds of significance.
Identify construction-related air quality impacts from associated construction activities at the project site which may include demolition, import/export of fill dirt, mass grading, building construction, paving, concrete pouring, etc.
Evaluate operational emissions for the proposed project, based upon trip generation projections provided as part of the traffic study. In addition, emissions from other operational sources such as heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered.
A screening-level carbon monoxide (CO) Hotspot analysis of future conditions at key intersections located in the project study area will be prepared. It is anticipated that a qualitative discussion on CO Hotspot potential and rationale as to why more detailed modeling of CO Hotspot analysis is not required.
Perform Construction Localized Significance Threshold (LST) analysis as recommended by the South Coast Air Quality Management District (SCAQMD) for construction and operational activity.
Evaluate potential odor impacts resulting from the proposed project. Identify applicable mitigation measures and regulatory requirements that the project must comply with to minimize odors. For purposes of this evaluation a qualitative assessment of odors and odor controls is expected.
Qualitatively discuss cumulative impacts within the context of planned and foreseeable projects for short-term construction and long-term operational activity. A “list” approach per CEQA will be utilized when discussing cumulative impacts using the list of cumulative projects identified in the traffic report. Since the basin is in non-attainment the determination of significance will likely be based on whether or not the Project results in a substantial incremental increase.
Identify and recommended mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible. Prepare an air quality report that incorporates the findings and all supporting calculations.
Prepare an air quality report that incorporates the findings and all supporting calculations.
2.5.2: Air Quality Response to Comments
Revise the air quality study report based on comments provided by the Client and Lead agency for up to 1 review cycle.
Assist the CEQA preparer with preparation of response to comments on the draft CEQA Plus IS/MND document.
2.5.3: Air Quality Response to Comments
Evaluate applicable federal and state regulatory requirements (i.e., AB32, SCAQMD, CARB thresholds). Qualitatively discuss the effects of GHG emissions on regional air quality.
Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion that will likely occur during the various phases of construction. Data available from the project team and technical air quality analysis will be utilized in characterizing GHG-generating activities.
Evaluate operational GHG emissions for the proposed project which will include emissions from mobile sources, heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered.
Evaluate project significance based on an applicable Climate Action Plan or direction provided by the Project CEQA preparer and/or the lead agency.
Identify and recommend mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible. Prepare a greenhouse gas report that incorporates the findings and all supporting calculations.
2.5.4 Greenhouse Gas Response to Comments
Revise the greenhouse gas study report based on comments provided by the Client and Lead agency for up to 1 review cycle.
Assist the CEQA preparer with preparation of response to comments on the draft CEQA Plus IS/MND document.
Task 2.6: WIFA Biological Resources Study [Carlson Strategic Land Solutions (CSLS)]
2.6.1: Biological Resources Assessment
To meet the requirements of CEQA, a Biological Resources Assessment will be prepared. The report will include database review, field inspections, habitat mapping, documentation of any sensitive biological resources exist onsite, Jurisdictional Delineation, and calculation and analysis of impacts. For budget purposes, the Biological Resource Report includes a field survey for the 38 projects included within the CIP, a single field survey of “Well City 3A”, which appears to occur within natural environment, and conducting a general biological virtual review (Google Earth). The Biological Resource Assessment will specify vegetation and or existing conditions on each of the Projects and determine the potential for sensitive species on the site. Impacts will be calculated and determined the potential for significant impacts under CEQA.
2.6.2: CEQA Plus IS/MND Review
This task includes review of the Biological Section written for the CEQA Plus IS/MND.
2.6.3: Meetings, Conference Calls, Coordination
This task includes budget for phone calls, emails, and meetings as necessary.
Task 2.7: WIFIA Cultural Resources Study [Duke (CRM)]
2.7.1: Research
A records search would be completed at the South Central Coastal Information Center (SCCIC), located at California State University, Fullerton. The SCCIC is the regional office of the California Historical Resources Information System (CHRIS), the State-designated repository for records concerning known historic and archaeological resources and prior cultural resource studies in San Bernardino County. DUKE CRM staff will examine the Built Environment Resources Directory (BERD) that includes the NRHP, CRHR, California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI). The majority of the Projects are within City right-of-way, the records search will, focus on the previously identified prehistoric and historic archaeological resources within the City boundary and all cultural resources within ½ mile search radius to the two facilities, the Wastewater Treatment Plant and Well City “3A”.
Online research and examination of in-house resources will be conducted. This research will focus on history of Rialto, historical USGS and Sanborn maps, and aerial imagery. Certain documents from the City may be requested.
2.7.1: Field Survey
A windshield survey of up to 18 Type A projects and 18 Type B projects infrastructure upgrades and replacement locations throughout the City.
A pedestrian survey of the two facilities will be conducted in order to document and photograph the historic resources (facilities) within the Waste Water Treatment Plant and Well City “3A”.
2.7.1: AB-52 Support
Duke CRM will send out 1 round of notification letters via US Certified mail to Tribes included on the City's list of consulting Tribes or the NAHC list. Up to two attempts to follow up by phone/email will be conducted. Any actual consultation will be led by the City, with DUKE CRM's support, if requested.
2.7.2: Report Preparation
A technical cultural resources Report will be prepared that will follow the ARMR guidelines (SHPO compliant).
The technical report will include a Historic Evaluation which would consists of data compiled from research and surveys to evaluate the two (2) facilities within the cities of Rialto and San Bernardino for eligibility to the CRHR and the NRHP. This will include preparation of two (2) DPR 523 Series site records, including a Primary Record; a Building, Structure, Object Record, Continuation Sheet for each and maps.
2.7.3: Stipulations/Exceptions
Additional acreage or offsite improvements will require additional budget to cover addition field work.
Negative results; if there are any cultural resources discovered within the project additional budget will be required for recordation and possible evaluation.
We will prepare one draft report for Enplanners to review and provide comments, one draft for the City to review and provide comments, and one draft and final report for SWRCB to review and provide comments. A final report will be prepared and provided electronically.
We did not include NHPA level consultation as we anticipate they will either tag along to the City’s efforts or conduct their own consultation.
Attendance at any meetings is not included.
Enplanners will arrange provide any requested background documentation, if available.
Enplanners will provide a project description with depths and quantities of excavation.
Task 3: CEQA Plus Initial Study/Mitigated Negative Declaration (IS/MND) Task 3.4: WIFIA Administrative Draft IS/MND
Enplanners will prepare an Administrative Draft CEQA Plus Initial Study (IS) based on the current CEQA and NEPA Guidelines. Enplanners will summarize adopted/completed reports and studies where relevant to the Project's environmental analysis, including the studies included in this scope of work. Enplanners will join a conference call with City staff to discuss the Administrative Draft IS and the recommended CEQA Plus documentation. Should additional documentation be required beyond an MND, the consultant shall immediately brief the City. Additional expenses under these circumstances shall be negotiable.
Deliverable: An Administrative Draft CEQA Plus IS for review by City staff.
Meeting: Participation in a conference call to discuss review findings; identification of new studies, surveys, and/or technical reports if any.
Task 3.5: WIFIA Draft IS/MND
Enplanners will prepare a Draft CEQA Plus IS/MND as appropriate based on the review of the Administrative Draft CEQA Plus IS by the City. Enplanners will join a conference call with City staff to discuss the Draft CEQA Plus IS. Should additional documentation be required beyond an MND, Enplanners will immediately brief the City. Additional expenses under these circumstances shall be negotiable.
Deliverable: Three (3) hard copies and one (1) electronic copy of Draft CEQA Plus IS/MND.
Meeting: Enplanners will participate in a conference call to discuss review findings.
Task 3.6: WIFIA Public Review IS/MND and Notice of Intent (NOI) Upon receipt of the City's comments on the Draft CEQA Plus IS, Enplanners will address the City's revisions and comments and will prepare the CEQA Plus IS/MND for public release. Enplanners will develop the mailing list for document distribution. Enplanners will distribute copies of the document to the State Clearinghouse and other responsible public agencies per the State CEQA and NEPA Guidelines (up to 20 total hard copies). Enplanners will assist the City with preparation and filing of all required notices including the NOI for the MND and will provide the City with a list of all mailings for the record.
Deliverable: Up to 20 hard copies of the CEQA Plus IS/MND (15 delivered to the State Clearinghouse and 5 to District). Notice of Completion (NOC) to the State Clearinghouse. Prepare Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) and file with County Clerk. Identify, process and mail public notification to up to 1,500 adjacent property owners.
Task 4: Responses to Comments and Final CEQA Plus IS/MND Task 4.1: WIFIA Responses to Comments and Final CEQA Plus IS/MND Enplanners will respond to public comments received on the CEQA Plus IS/MND and prepare a Responses to Comments document for the Final CEQA Plus document. Consultant will provide responses to public comments in the form of a memorandum to the City for review and approval. Although CEQA does not require a Lead Agency to provide responses to commenting agencies or individuals, it is recommended that the City provide responses to all commenting parties ten days prior to the public hearing to consider approval of the CEQA document and Project. We have budgeted 24 hours of staff time to address comments, should excessive comments be submitted a contract amendment may be needed.
Deliverable: One (1) memorandum will be emailed containing proposed responses to public comments.
Task 5: Mitigation Monitoring and Reporting Program (MMRP) Task 5.1: WIFIA Mitigation Monitoring and Reporting Program (MMRP) Enplanners will prepare a draft and final MMRP for inclusion in the Final CEQA Plus document, pursuant to Section 1081.6 of the Public Resources Code. Enplanners will submit to City for review and approval.
Deliverable: One (1) electronic copy of the MMRP.
Task 6: Findings and Filings
Task 6.1: WIFIA Findings and Filings
Enplanners will prepare all necessary CEQA findings for inclusion in the adoption of the CEQA document and use by cross cutter agencies. Enplanners will submit to City for review and approval. Enplanners shall include all required filing fees in this proposal and process the Notice of Determination or final permits to receipt of the client.
Deliverable: One (1) electronic copy in Word of CEQA findings, process of final documents.
Task 7: Project Management and Meetings with City
Task 7.1: WIFIA Project Management and Meetings with City Enplanners will participate in phone calls and email communication as needed and up to 3 in person meetings. The City may add meetings with an amendment to the scope and budget. Enplanners shall also work with the City to develop State grant required documentation relative to the consultant's team and background, related work products, schedules, fees, and other documentation.
Task 8: Public Hearings
Task 8.1: WIFIA Public Hearings
Enplanners will also attend required Committee and Council meetings, up to two (2) total, to answer any questions that may arise about the CEQA analysis.
Cost Estimate
Exhibit “B” is hereby amended as follows:
The tasks described above will be performed on a time-and-materials basis and billed monthly not to exceed $119,586.00, in accordance with the “Proposal to Prepare an Initial Study/Mitigated Negative Declaration for the Lake Rialto Habitat Management and Community Open Space Project” dated May 19, 2022, authorized June 15, 2022. Total charges include $45,100.00 in Enplanners fees and $73,486.00 in subconsultant charges.
The following table summarizes the additional cost estimates for each task along with the revised cost per the provisions of this amendment:
Article 2.1 is hereby amended and restated in its entirety to read as follows:
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Cost Estimate” attached hereto as Exhibit “B” and incorporated herein by this reference. For the Initial Phase of Services (Pre- Construction), upon commencement of this Agreement the total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Eighty-Seven Thousand, Six hundred sixty-one Dollars ($187,661) (the “Contract Sum”). The Contract Sum may also be increased for additional services pursuant to Section 1.9.
GENERAL PROVISIONS.
Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
Integration. This First Amendment consists of pages 1 through 9 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
Effective Date. This First Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the RUA and Dopudja and Wells.
Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. [SIGNATURES ON FOLLOWING PAGE]
FOR THE RIALTO UTILITY AUTHORITY,
a Municipal Corporation FOR ENPLANNERS, INC.
____________________________ _____________________________ Henry Garcia, Rialto Utility Authority Name: Ray V. Hussey Executive Director
Date: __________________ Title: President
Date:_____________________
ATTEST:
____________________________ ______________________________ Barbara McGee, Rialto Utility Authority Name: Denise M. Hussey Board Secretary
Date:___________________ Title: Chief Executive Officer Date:_____________________
APPROVED AS TO FORM
Burke, Williams & Sorensen, LLP
____________________________
Eric S. Vail, Rialto Utility Authority
General Counsel
Date:___________________
RIV #4826-2789-2216 v1
Exhibit “A”
SCOPE OF WORK
The tasks described below will be performed in accordance with the “Proposal to Prepare an Initial Study/Mitigated Negative Declaration for the Lake Rialto Habitat Management and Community Open Space Project” dated May 19, 2022, authorized June 15, 2022. The following task numbers for this contract amendment expand upon the original task numbers contained in Exhibit “A” of the executed agreement with the City.
Task 1: Project Initiation and Project Definition
1.1 : WIFIA Projects
The Enplanners team will meet with City Staff and other members of the Project team to discuss project history, the project description, specific project issues, anticipated technical reports, and schedule. The City will provide a preliminary list, design and concept plans for the Project. Enplanners will prepare the draft project description and schedule and submit both to the City for review. Ray Hussey will perform the duties as Project Manager and will be the primary contact for the City.
Deliverable: A project description and project schedule.
Meeting: Attendance at one kick-off meeting.
1.2 : RHNC Project Coordination
The Enplanners team will participate in discussions with affected agencies regarding future habitat and maintenance benefits the RHNC Project could produce. These benefits may involve additional environmental analysis and review not included as part of the proposed Project. Nonetheless, the Enplanners team will participate and assist in discussions with other agencies such as the San Bernardino Valley Municipal Water District (SBVMWD) regarding future benefits of the Project.
Deliverable: Agency coordination.
Meetings: To be determined.
Task 2: Technical Studies
Task 2.5: WIFIA Air Quality and Greenhouse Gas Impact Analysis [Urban Crossroads (UC)]
2.5.1 : Air Quality Report •Evaluate the existing conditions of the project study area; this will include gathering background air quality data, local wind patterns in the study area and identifying applicable rules, plans and thresholds of significance. •Identify construction-related air quality impacts from associated construction activities at the project site which may include demolition, import/export of fill dirt, mass grading, building construction, paving, concrete pouring, etc. •Evaluate operational emissions for the proposed project, based upon trip generation projections provided as part of the traffic study. In addition, emissions from other operational sources such as heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered.
A screening-level carbon monoxide (CO) Hotspot analysis of future conditions at key intersections located in the project study area will be prepared. It is anticipated that a qualitative discussion on CO Hotspot potential and rationale as to why more detailed modeling of CO Hotspot analysis is not required. • Perform Construction Localized Significance Threshold (LST) analysis as recommended by the South Coast Air Quality Management District (SCAQMD) for construction and operational activity. • Evaluate potential odor impacts resulting from the proposed project. Identify applicable mitigation measures and regulatory requirements that the project must comply with to minimize odors. For purposes of this evaluation a qualitative assessment of odors and odor controls is expected. • Qualitatively discuss cumulative impacts within the context of planned and foreseeable projects for short-term construction and long-term operational activity. A “list” approach per CEQA will be utilized when discussing cumulative impacts using the list of cumulative projects identified in the traffic report. Since the basin is in non-attainment the determination of significance will likely be based on whether or not the Project results in a substantial incremental increase. • Identify and recommended mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible. Prepare an air quality report that incorporates the findings and all supporting calculations. • Prepare an air quality report that incorporates the findings and all supporting calculations.
2.5.2 : Air Quality Response to Comments
• Revise the air quality study report based on comments provided by the Client and Lead agency for up to 1 review cycle. • Assist the CEQA preparer with preparation of response to comments on the draft CEQA Plus IS/MND document.
2.5.3 : Greenhouse Gas Analysis
• Evaluate applicable federal and state regulatory requirements (i.e., AB32, SCAQMD, CARB thresholds). Qualitatively discuss the effects of GHG emissions on regional air quality. • Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion that will likely occur during the various phases of construction. Data available from the project team and technical air quality analysis will be utilized in characterizing GHG-generating activities. • Evaluate operational GHG emissions for the proposed project which will include emissions from mobile sources, heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered. • Evaluate project significance based on an applicable Climate Action Plan or direction provided by the Project CEQA preparer and/or the lead agency. • Identify and recommend mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible. Prepare a greenhouse gas report that incorporates the findings and all supporting calculations.
2.5.4 : Greenhouse Gas Response to Comments
• Revise the greenhouse gas study report based on comments provided by the Client and Lead agency for up to 1 review cycle. • Assist the CEQA preparer with preparation of response to comments on the draft CEQA Plus IS/MND document.
Task 2.6: WIFA Biological Resources Study [Carlson Strategic Land Solutions (CSLS)]
2.6.1 : Biological Resources Assessment • To meet the requirements of CEQA, a Biological Resources Assessment will be prepared. The report will include database review, field inspections, habitat mapping, documentation of any sensitive biological resources exist onsite, Jurisdictional Delineation, and calculation and analysis of impacts. For budget purposes, the Biological Resource Report includes a field survey for the 38 projects included within the CIP, a single field survey of “Well City 3A”, which appears to occur within natural environment, and conducting a general biological virtual review (Google Earth). The Biological Resource Assessment will specify vegetation and or existing conditions on each of the Projects and determine the potential for sensitive species on the site. Impacts will be calculated and determined the potential for significant impacts under CEQA.
2.6.2 : CEQA Plus IS/MND Review
• This task includes review of the Biological Section written for the CEQA Plus IS/MND.
2.6.3 : Meetings, Conference Calls, Coordination
• This task includes budget for phone calls, emails, and meetings as necessary Task 2.7: WIFIA Cultural Resources Study (Duke CRM)
2.7.1 : Research • A records search would be completed at the South Central Coastal Information Center (SCCIC), located at California State University, Fullerton. The SCCIC is the regional office of the California Historical Resources Information System (CHRIS), the State-designated repository for records concerning known historic and archaeological resources and prior cultural resource studies in San Bernardino County. DUKE CRM staff will examine the Built Environment Resources Directory (BERD) that includes the NRHP, CRHR, California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI). The majority of the Projects are within City right-of-way, the records search will, focus on the previously identified prehistoric and historic archaeological resources within the City boundary and all cultural resources within ½ mile search radius to the two facilities, the Wastewater Treatment Plant and Well City “3A”. • On-line research and examination of in-house resources will be conducted. This research will focus on history of Rialto, historical USGS and Sanborn maps, and aerial imagery. Certain documents from the City may be requested.
2.7.2 : Field Survey
• A windshield survey of up to 18 Type A projects and 18 Type B projects infrastructure upgrades and replacement locations throughout the City. • A pedestrian survey of the two facilities will be conducted in order to document and photograph the historic resources (facilities) within the Wastewater Treatment Plant and Well City “3A”.
2.7.3 : AB-52 Support
• Duke CRM will send out 1 round of notification letters via US Certified mail to Tribes included on the City's list of consulting Tribes or the NAHC list. Up to two attempts to follow up by phone/email will be conducted. Any actual consultation will be led by the City, with DUKE CRM's support, if requested.
2.7.4 : Report Preparation
• A technical cultural resources Report will be prepared that will follow the ARMR guidelines (SHPO compliant). • The technical report will include a Historic Evaluation which would consists of data compiled from research and surveys to evaluate the two (2) facilities within the cities of Rialto and San Bernardino for eligibility to the CRHR and the NRHP. This will include preparation of two (2) DPR 523 Series site records, including a Primary Record; a Building, Structure, Object Record, Continuation Sheet for each and maps.
2.7.5 : Stipulations/Exceptions
• Additional acreage or offsite improvements will require additional budget to cover addition field work. • Negative results; if there are any cultural resources discovered within the project additional budget will be required for recordation and possible evaluation. • We will prepare one draft report for Enplanners to review and provide comments, one draft for the City to review and provide comments, and one draft and final report for SWRCB to review and provide comments. A final report will be prepared and provided electronically. • We did not include NHPA level consultation as we anticipate they will either tag along to the City’s efforts or conduct their own consultation. • Attendance at any meetings is not included.
• Enplanners will arrange provide any requested background documentation, if available. • Enplanners will provide a project description with depths and quantities of excavation.
Task 3: CEQA Plus Initial Study/Mitigated Negative Declaration (IS/MND) Task 3.4: WIFIA Administrative Draft IS/MND
Enplanners will prepare an Administrative Draft CEQA Plus Initial Study (IS) based on the current CEQA and NEPA Guidelines. Enplanners will summarize adopted/completed reports and studies where relevant to the Project's environmental analysis, including the studies included in this scope of work. Enplanners will join a conference call with City staff to discuss the Administrative Draft IS and the recommended CEQA Plus documentation. Should additional documentation be required beyond an MND, the consultant shall immediately brief the City. Additional expenses under these circumstances shall be negotiable.
Deliverable: An Administrative Draft CEQA Plus IS for review by City staff.
Meeting: Participation in a conference call to discuss review findings; identification of new studies, surveys, and/or technical reports if any.
Task 3.5: WIFIA Draft IS/MND
Enplanners will prepare a Draft CEQA Plus IS/MND as appropriate based on the review of the Administrative Draft CEQA Plus IS by the City. Enplanners will join a conference call with City staff to discuss the Draft CEQA Plus IS. Should additional documentation be required beyond an MND, Enplanners will immediately brief the City. Additional expenses under these circumstances shall be negotiable.
Deliverable: Three (3) hard copies and one (1) electronic copy of Draft CEQA Plus IS/MND.
Meeting: Enplanners will participate in a conference call to discuss review findings.
Task 3.6: WIFIA Public Review IS/MND and Notice of Intent (NOI) Upon receipt of the City's comments on the Draft CEQA Plus IS, Enplanners will address the City's revisions and comments and will prepare the CEQA Plus IS/MND for public release. Enplanners will develop the mailing list for document distribution. Enplanners will distribute copies of the document to the State Clearinghouse and other responsible public agencies per the State CEQA and NEPA Guidelines (up to 20 total hard copies). Enplanners will assist the City with preparation and filing of all required notices including the NOI for the MND and will provide the City with a list of all mailings for the record.
Deliverable: Up to 20 hard copies of the CEQA Plus IS/MND (15 delivered to the State Clearinghouse and 5 to District). Notice of Completion (NOC) to the State Clearinghouse. Prepare Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) and file with County Clerk. Identify, process and mail public notification to up to 1,500 adjacent property owners.
Task 4: Responses to Comments and Final CEQA Plus IS/MND Task 4.1: WIFIA Responses to Comments and Final CEQA Plus IS/MND Enplanners will respond to public comments received on the CEQA Plus IS/MND and prepare a Responses to Comments document for the Final CEQA Plus document. Consultant will provide responses to public comments in the form of a memorandum to the City for review and approval. Although CEQA does not require a Lead Agency to provide responses to commenting agencies or individuals, it is recommended that the City provide responses to all commenting parties ten days prior to the public hearing to consider approval of the CEQA document and Project. We have budgeted 24 hours of staff time to address comments, should excessive comments be submitted a contract amendment may be needed.
Deliverable: One (1) memorandum will be emailed containing proposed responses to public comments.
Task 5: Mitigation Monitoring and Reporting Program (MMRP) Task 5.1: WIFIA Mitigation Monitoring and Reporting Program (MMRP) Enplanners will prepare a draft and final MMRP for inclusion in the Final CEQA Plus document, pursuant to Section 1081.6 of the Public Resources Code. Enplanners will submit to City for review and approval.
Deliverable: One (1) electronic copy of the MMRP.
Task 6: Findings and Filings
Task 6.1: WIFIA Findings and Filings
Enplanners will prepare all necessary CEQA findings for inclusion in the adoption of the CEQA document and use by cross cutter agencies. Enplanners will submit to City for review and approval. Enplanners shall include all required filing fees in this proposal and process the Notice of Determination or final permits to receipt of the client.
Deliverable: One (1) electronic copy in Word of CEQA findings, process of final documents.
Task 7: Project Management and Meetings with City
Task 7.1: WIFIA Project Management and Meetings with City Enplanners will participate in phone calls and email communication as needed and up to 3 in person meetings. The City may add meetings with an amendment to the scope and budget. Enplanners shall also work with the City to develop State grant required documentation relative to the consultant's team and background, related work products, schedules, fees, and other documentation.
Task 8: Public Hearings
Task 8.1: WIFIA Public Hearings
Enplanners will also attend required Committee and Council meetings, up to two (2) total, to answer any questions that may arise about the CEQA analysis.
Exhibit “B”
COST ESTIMATE
The following table summarizes the additional cost estimates for each task with he revised cost per the provisions of this amendment.
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