action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.11.
8. Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement.
9. Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
11. Termination Prior To Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.12 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon ten (10) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.8.
12. Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.7, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.8.
13. Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.
14. Safety. The Consultant shall execute and maintain his/her work so as to avoid injury or damage to any person or property. The Consultant shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out his/her work, the Consultant shall at all times exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed, and be in compliance with all applicable federal, state, and local statutory and regulatory requirements including California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act.
15. Compliance with California Unemployment Insurance Code Section 1088.8. If Consultant is a sole proprietor, then prior to signing the Agreement, Consultant shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. Consultant understands that pursuant to California Unemployment Insurance Code section 1088.8, City will report the information from Form W-9 to the State of California Employment Development Department, and that the information may be used for the purposes of establishing,
modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes.
16. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
17. Unauthorized Use of City's Name. Except as required by law or with the prior written consent of City (which consent may be withheld in city's sole and absolute discretion), Consultant shall not use City's name, seal or logo in any marketing materials, magazine, trade paper, newspaper, television or radio production or other similar medium, nor shall Consultant state, imply or in any way represent to any third party that City has endorsed or approved Consultant or any of its services or products.
9. MISCELLANEOUS
1. Notices. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch.
To City: CITY OF YORBA LINDA
David Brantley
Community Development Director
4845 Casa Loma Avenue
Yorba Linda, CA 92886
To Consultant: MICHAEL BAKER INTERNATIONAL
Attention: Richard Beck
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
2. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement.
3. Integration; Amendment. This Agreement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, and signed by all the parties hereto.
4. Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or inability to enforce shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.
6. Statutory References. All references in this Agreement to particular statutes, regulations, ordinances, or resolutions of the United States, the State of California, or the County of Orange shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.
7. Special Provisions. Any additional or supplementary provisions or modifications or alterations of this Agreement, if any, shall be set forth in an additional Exhibit “D” (“Special Provisions”) if any such Special Provisions exist. In the event of any discrepancy between the provisions of this Agreement and the Special Provisions, Special Provisions shall take precedence and prevail.
8. Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement, (2) the Consultant’s signed, original Proposal dated April 21, 2022 (“Consultant’s Proposal”), and (3) the City’s Request for Proposal (“City’s RFP), which shall all be referred to collectively hereinafter as the “Contract Documents”. The Consultant’s Proposal and the City’s RFP, are hereby incorporated by reference, and are made a part of this Agreement. All provisions of this Agreement, the Consultant’s Proposal, and the City’s RFP shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority, (1st) the terms and conditions of this Agreement, (2nd) the provisions of the City’s RFP and (3rd) the provisions of the Consultant’s Proposal. [SIGNATURES BEGIN ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.
CITY:
CITY OF YORBA LINDA
By: _______________________________
Its:
CONSULTANT:
MICHAEL BAKER INTERNATIONAL, INC.
By: ________________________________
Name:______________________________
Title: ______________________________
ATTEST:
By: _______________________________
Marcia Brown, City Clerk
By: _______________________________
Name: _____________________________
Title: ______________________________
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
By: _______________________________
Todd Litfin, City Attorney
City of Yorba Linda
EXHIBIT A
Scope of Services
SAFETY ELEMENT UPDATE
Task 1: Project Kickoff and Background Data Review
Michael Baker will conduct a kick-off meeting/call with the City’s Project Management team to initiate work on both the Safety Element update and Local Hazard Mitigation Plan update (Scope #2, Task 1). The team will review the scope of work, anticipated project schedule, communications protocol, and deliverables; discuss staff expectations; and have an initial discussion of data needs and the community outreach approach. It is assumed this meeting will occur virtually.
Available resource documents pertinent to the LHMP update, Safety Element update, and Emergency Operations Plan update process will be identified and compiled by the City for background review. Applicable resource documents include the City’s existing General Plan and Safety Element, City Emergency Operations Plan/Emergency Action Plan, and any other hazard related assessments or reports. The City shall provide land use data layers from the City GIS database, along with any existing mapped hazard related data for use in identifying vulnerabilities. Michael Baker assumes this project will qualify for the “commonsense rule exemption” found in CEQA Guidelines Section 15061(b)(3).
Task 2: Safety Element Update – Crosswalk Matrix and Exhibits Update Michael Baker understands the City's desired approach to streamline the Safety Element Update process to meet OPR's updated guidelines, primarily to account for changes associated with the Housing Element. To prepare the Safety Element update, Michael Baker will prepare a crosswalk matrix outlining required updates to the document. This will include consistency updates based on the recent Housing Element Update, incorporation of the LHMP by reference, incorporation of Evacuation Planning Effort by reference, and general modernization updates as needed. Michael Baker will document all proposed edits to the Safety Element in a matrix, indicating the page number requiring the edit and proposing the edit in redline/strikeout.
A screencheck draft will be provided to the City for one round of comments and review. In coordination with the crosswalk matrix, Michael Baker will also update all existing Safety Element exhibits. One new exhibit will be added to the Safety Element depicting major City evacuation routes. Data from the City prepared evacuation planning effort shall be provided to Michael Baker to create this exhibit for inclusion in the Safety Element update. Exhibits in the Safety Element will be consistent, but not identical to exhibits prepared in the LHMP.
Task 3: Administrative Draft Safety and Element Preparation Upon completion of the proceeding tasks, Michael Baker will prepare an administrative draft Safety Element Update.
This element will include an introduction, existing conditions section, relationship to other elements, and goals and policies. Text prepared as part of the LHMP Update process will be incorporated into the Safety Element update as appropriate. The Safety Element will be consistent with SB 99, Residential Emergency Evacuation Routes and AB 747, Evacuation Routes. Using data from the City prepared evacuation planning efforts, Michael Baker will assist in identifying residential neighborhoods in any natural hazard area that does not have at least two emergency evacuation routes. The Safety Element will also discuss evacuation route capacity, safety and viability under the range of provided emergency scenarios. Michael Baker assumes the City prepared evacuation planning efforts will provide sufficient data and detail for Michael Baker to prepare the Safety Element in accordance with both SB 99 and AB 747, including evaluation of a range of emergency scenarios. Traffic surveys are excluded from Michael Baker's scope of work." In addition, the Safety Element will be prepared in consistency with SB 1241, State Responsibility Areas and Very High Fire Severity Zones. Risk will be assessed in the LHMP and incorporated into Safety Element by reference. Consultation with the appropriate regulatory agencies will occur under Task 4. Michael Baker assumes no major or significant policy changes or overhauls will be required; updates to the Safety Element aim to be straightforward to meet the updated OPR requirements. Formatting would mimic the existing General Plan Elements where feasible, to maintain visual consistency between the City’s documents. Deliverables would include all required components and would clearly respond to OPR guidance for Safety Elements, with focus on consistency with all Housing Element Updates.
Michael Baker will provide an electronic screencheck administrative draft (Microsoft Word) to the City for internal review. Comments and revisions from the City are anticipated to be minor and occur in redline/strike-out and track changes.
Task 4: Public Review Draft Safety Element
Michael Baker will incorporate one consolidated set of comments/revisions on the screencheck administrative draft Safety Element to prepare public review draft documents. Michael Baker will provide an electronic public review draft in PDF and Microsoft Word format to the City. Public review is anticipated to occur over a minimum 30-day period, with the General Plan Elements made available on the City’s website and up to two hardcopies available at locations in the City.
The City will be responsible for collecting public comments/ questions and distributing to Michael Baker at the close of the public review period. At this time, Michael Baker will lead and facilitate consultation with CAL FIRE and the California Department of Conservation to ensure policies are consistent with state regulations as appropriate.
Task 5: Final Safety Element Preparation
Michael Baker will compile all comments received on the public review draft Safety Element and will incorporate changes into the document as necessary. Michael Baker assumes response to 10 letters and comments as part of this work effort. The final Safety Element will be prepared for presentation to Planning Commission and City Council. Michael Baker will provide two staff members to support at Planning Commission and City Council adoption hearings for presentation support and answer questions as appropriate.
SCOPE #1: GENERAL PLAN SAFETY ELEMENT
Program
Manager
Project
Manager
Technical
Specialist
Senior
Planner Planner
Graphic
Designer GIS Maps Admin.
$300 $140 $200 $165 $110 $130 $150 $70
1.0 Project Kick-Off & Background Data Review 1 8 2 2 13 $1,970
2.0 Safety Element Update - Crosswalk & Exhibits 8 2 2 48 2 12 2 76 $9,330
3.0 Admin Draft Safety Element Preparation 1 4 8 13 $1,740
4.0 Public Review Draft Safety Element 1 4 2 1 8 2 18 $2,445
5.0 Final Safety Element Preparation 1 4 1 1 12 4 23 $2,825 Other Direct Costs $500
Total Hours 4 28 5 6 78 2 12 8 143
Percent of Total Labor (Hours) 3% 20% 3% 4% 55% 1% 8% 6% 100% TOTAL COST $1,200 $3,920 $1,000 $990 $8,580 $260 $1,800 $560 $18,810 4/20/2022
MICHAEL BAKER INTERNATIONAL
TASK
Total
Hours TOTAL COST
Staff Position and Billing Rate
BUDGET OF SERVICES: SCOPE #1: GENERAL PLAN SAFETY ELEMENT
EXHIBIT B
Schedule of Compensation
ID Task Name
1 Project Kick-Off & Background Data Review
2 Safety Element Update - Crosswalk Matrix & Exhibit Update 3 Admin Draft Safety Element Preparation
4 Public Review Draft Safety Element
5 Final Safety Element Preparation
6 7
8 9
10 11
12 13
14 15
16 17
18 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 Apr '22 May '22 Jun '22 Jul '22 Aug '22 Sep '22
Task
SCOPE #1 SCHEDULE
GENERAL PLAN-SAFETY ELEMENT
Project: Scope1_Safety_Elemen
Date: Thu 5/12/22
EXHIBIT C
Schedule of Performance
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into as of ______________, by and between the CITY OF YORBA LINDA, a municipal organization organized under the laws of the State of California (“City”), and Michael Baker International, Inc., a (“a Pennsylvania corporation”) (“Consultant”).
NOW THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1. Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to providing the creation of a Local Hazard Mitigation Plan (LHMP) as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference (the “services” or “work”). Consultant warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services.
2. Changes and Additions to Scope of Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such work shall be undertaken unless a written order is first given by City to Consultant, incorporating therein any adjustment in (i) the Schedule of Compensation, and/or (ii) the Schedule of Performance, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this Section 1.2 shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefor.
3. Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the nature and factual context of the work and fully acquainted itself with the conditions pertaining to it, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, and such latent or unknown condition affects Consultant's ability to perform the Work for the Contract Sum (as defined in Section 2.1 below) Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof).
4. Standard of Performance. Consultant agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry, and that all goods, materials, equipment, or personal property included within the services herein shall be of good quality, fit for the purpose intended.
5. Performance to Satisfaction of City. Consultant shall perform all work and tasks comprising the Services to the satisfaction of City within the time specified. If City reasonably determines that any portion of the services is not satisfactory, City shall have the right to take appropriate action, including but not limited to: (a) meeting with Consultant to review the quality of the work and resolve matters of concern; (b) requiring Consultant to repeat unsatisfactory work at no additional charge until they are satisfactory; (c) suspending the delivery of work to Consultant for an indefinite time; (d) withholding payment; and (e) terminating this Agreement as hereinafter set forth.
6. Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work and services required of Consultant herein without the prior express written approval of the City. Neither this Agreement nor any interest herein may
ATTACHMENT B
be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. Any such prohibited assignment or transfer shall be void.
2. COMPENSATION
1. Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “B” (the “Schedule of Compensation”) in a total amount not to exceed $111,950.00 (the “Contract Sum”), except as provided in Section 1.2. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement at Consultant's actual cost, without additional overhead or services charge, for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.
2. Method of Payment. Unless otherwise provided in the Schedule of Compensation, Consultant shall submit to City no later than the tenth (10th) working day of each month, in the form approved by City, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than forty-five (45) days after invoices are received by the City.
3. PERFORMANCE SCHEDULE
1. Time of Essence. Time is of the essence in the performance of this Agreement.
2. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit “C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer.
3. Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4. Term. The term of this agreement shall commence on the date of execution and shall end upon project completion (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 8.11 or
8.12 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance.
4. COORDINATION OF WORK
1. Representative of Consultant. Richard Beck is hereby designated as the principal representative of the Consultant, authorized to act in its behalf with respect to the work and
services specified herein and to make all decisions in connection therewith. A substitution of the designated representative must be approved in advance by the City.
2. Contract Officer. The Contract Officer shall be Mark Aalders, Assistant to the City Manager or such other designated Authorized Agent of the Local Hazard Mitigation Plan (LHMP). It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
5. INSURANCE AND INDEMNIFICATION
1. Without limiting Consultant's indemnification obligations, Consultant shall not undertake the services contemplated hereunder until Consultant has obtained all of the insurance required herein from a company or companies acceptable to City, and Consultant shall maintain all such insurance in full force and effect at all times during the term of this Agreement and any extension or renewal thereof. Insurance shall be placed with insurers having a current A.M. Best rating of no less than A-: VII or equivalent or as otherwise approved by City.
2. Consultant shall take out and maintain the following insurance:
1. Workers' Compensation and Employer's Liability Insurance: Consultant shall cover or insure as required by applicable laws relating to workers’ compensation insurance all of its employees performing the services contemplated hereunder, in accordance with the “Workers' Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Consultant shall provide worker's compensation insurance and employer's liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence, One Million Dollars ($1,000,000) disease policy limit, and One Million Dollars ($1,000,000) disease each employee. Such policy of workers compensation insurance shall contain the following separate endorsements:
a. “Insurer waives all rights of subrogation against the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.” b. “This insurance policy shall not be cancelled by the insurer until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, except 10 days notice shall be given for non-renewal by insurer.”
2. Commercial General Liability Insurance providing coverage in the following minimum limits:
a. Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury, Personal Injury or Death and Property. b. Damage Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 0001). c. If Commercial General Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503 or ISO CG 2504, or insurer's equivalent endorsement provided to City), or the general aggregate limit shall be twice the required occurrence limit.
3. Comprehensive Automobile Liability Insurance, including owned, nonowned, leased, hired, and borrowed automobiles and similar vehicles, providing the following minimum limits:
a. Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury or Death and Property Damage. b. Coverage shall be at least as broad as Insurance Services Office (ISO) Business and Auto Coverage (Form CA 0001) covering any auto.
4. Professional Liability: Consultant shall provide coverage appropriate to the Consultant's profession covering Consultant's wrongful acts, negligent actions, errors, or omissions. The retroactive date (if any) is to be no later than the effective date of this Agreement. Consultant shall maintain
such coverage continuously for a period of at least three years after the completion of the contract work.
Consultant shall purchase a one-year extended reporting period i) if the retroactive date is advanced past the effective date of this Agreement; ii) if the policy is canceled or not renewed; or iii) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. The limits shall be no less than $1,000,000 per claim and annual aggregate.
3. Endorsements: The policies of liability insurance provided for in Paragraphs 5.2.2 through 5.2.4 shall specify that this specific Agreement is insured and that coverage for injury to participants resulting from Consultant's activities is not excluded, and shall be in a form satisfactory to City and contain the following separate endorsements:
a. “The City of Yorba Linda, its officers, directors, employees, representatives and volunteers, are declared to be additional insureds on the CGL and Auto Liability policies with respects to the operations and activities of the named insured at or from the premises of the City of Yorba Linda. The coverage shall contain no special limitations on the scope of protection afforded to the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.”
b. “This insurance policy shall not be canceled specific to professional liability, materially changed for any reason until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, except 10 days notice shall be given for non-renewal by insurer.”
c. “This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon or looked to cover a loss under said policy; the City of Yorba Linda shall not be liable for the payment of premiums or assessments on this policy.”
d. “Except for professional liability insurance, any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Yorba Linda, its officers, directors, employees, representatives, or volunteers.”
e. “This insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.”
4. Evidence of Coverage: Consultant shall at the time of the execution of the Agreement present to City a Standard Acord certificate of insurance, with separate endorsements (Insurance Services Office Form CG 2026, or equivalent), showing the issuance of such insurance and the additional insured and other provisions and endorsements required herein, and except for blanket endorsements copies of all endorsements signed by the insurer's representative. All policies shall contain the Consultant's name and location of the Premises on the certificate. At least thirty (30) days prior to the expiration of any such policy, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with City. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Review of Coverage: City shall have the right at any time to review the coverage, form, and limits of insurance required under this Agreement. If, in the sole and absolute discretion of City, the insurance provisions in this Agreement do not provide adequate protection for City, City shall have the right to require Consultant to obtain insurance sufficient in coverage, form and limits to provide adequate protection and Consultant shall promptly comply with any such requirement. City's requirements shall not be unreasonable but shall be adequate in the sole opinion of City to protect against the kind and extent of risks which may exist at the time a change of insurance is required, or thereafter.
6. Deductibles: Any and all deductibles must be declared and approved by City prior to execution of this Agreement.
7. Agreement Contingent Upon Coverage: Notwithstanding any other provision of this Agreement, this Agreement shall be null and void at all times when the above-referenced original policies of insurance or Certificate of Insurance or Renewal Certificates or Endorsements are not on file with City.
8. Workers' Compensation Insurance. By his/her signature hereunder, Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing the performance of the work of this Agreement. To the extent required by law, Consultants and subcontractors will keep Workers' Compensation Insurance for their employees in effect during all work covered by this Agreement. In the event Consultant has no employees requiring Consultant to provide Workers' Compensation Insurance, Consultant shall so certify to the City in writing prior to the City's execution of this Agreement. The City shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section or with the provisions of law relating to Worker's Compensation.
9. Indemnification. Consultant shall indemnify, City and City's agents, officers, and employees (“City Personnel”) from and against demands, reasonable attorney's fees, costs, damages to persons or property, losses, obligations, expenses or liabilities (herein "claims" or "liabilities") that may be asserted or claimed by any person or entity arising out of the negligence, recklessness, or willful misconduct of Consultant, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, but excluding such claims or liabilities arising from the negligence or willful misconduct of City or City Personnel. In connection therewith:
1. Consultant shall pay all costs and expenses, including reasonable attorney's fees incurred in connection therewith, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8.
2. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8.
3. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such damages or other claims arising out of or in connection with the negligence, recklessness, or willful misconduct of Consultant, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorney's fees and expert witness fees, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8..
6. RECORDS, REPORTS, AND INTELLECTUAL PROPERTY.
1. Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require.
2. Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have
full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
3. Ownership of Documents and Data. All original drawings, specifications, reports, records, data, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.
4. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect.
5. Intellectual Property and Proprietary Information.
1. Proprietary Information. All proprietary information developed specifically for City by Consultant in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material, or software programs, but not including Consultant's underlying materials, software, or know-how, shall be the sole and exclusive property of City, and are confidential and shall not be made available to any person or entity without the prior written approval of City. Consultant agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of Consultant's services under this Agreement. Consultant further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performance of Services by Consultant under this Agreement shall be made to City, and that Consultant shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by City.
2. Reproduction Rights. Any and all patents and copyrights that arise from the services or the creation of work in carrying out this Agreement shall be vested in City, and Consultant hereby agrees to relinquish all claims to such copyrights in favor of City.
3. Use of Patented Materials. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used, or incorporated in the Services performed by Consultant under this Agreement. Consultant shall indemnify, defend, and save City harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.
7. RELEASE OF INFORMATION/CONFLICTS OF INTEREST.
1. Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
2. Release of Confidential Information. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
3. Conflicts of Interest Prohibited. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.
4. Covenant Against Contingent Fee. Consultant covenants that neither it nor any of its officers, employees, agents, or representatives employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement. Consultant further covenants that neither it nor any of its officers, employees, agents, or representatives has paid or agreed to pay any company or person, other than a bona fide employee of Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this provision, City shall have the right to annul this agreement without liability, or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
8. LEGAL RELATIONS AND RESPONSIBILITIES.
1. Compliance with Law. Consultant shall keep itself fully informed of all existing and future state and federal laws and all county and city ordinances and regulations which in any manner affect those employed by it or in any way affect the performance of services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of all work and services performed by or on behalf of Consultant.
2. Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement.
3. Covenant Against Discrimination. The Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
4. Independent Contractor. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Consultant. Consultant shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. Neither Consultant nor any of Consultant's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither Consultant nor any of its employees shall be paid by City time and one-half for working in excess of forty (40) hours in any one week. City is under no obligation to withhold State and Federal tax deductions from Consultant's compensation. Neither Consultant nor any of Consultant's employees shall have any property right to any position, or any of the rights an employee may have in the event of termination of this Agreement.
5. Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
6. California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
7. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.11.
8. Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement.
9. Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
11. Termination Prior To Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.12 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon ten (10) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.8.
12. Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.7, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.8.
13. Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.
14. Safety. The Consultant shall execute and maintain his/her work so as to avoid injury or damage to any person or property. The Consultant shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out his/her work, the Consultant shall at all times exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed, and be in compliance with all applicable federal, state, and local statutory and regulatory requirements including California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act.
15. Compliance with California Unemployment Insurance Code Section 1088.8. If Consultant is a sole proprietor, then prior to signing the Agreement, Consultant shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. Consultant understands that pursuant to California Unemployment Insurance Code section 1088.8, City will report the information from Form W-9 to the State of California Employment Development Department, and that the information may be used for the purposes of establishing, modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes.
16. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
17. Unauthorized Use of City's Name. Except as required by law or with the prior written consent of City (which consent may be withheld in city's sole and absolute discretion), Consultant shall not use City's name, seal or logo in any marketing materials, magazine, trade paper, newspaper, television or radio production or other similar medium, nor shall Consultant state, imply or in any way represent to any third party that City has endorsed or approved Consultant or any of its services or products.
9. MISCELLANEOUS
1. Notices. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notices personally
delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch.
To City: CITY OF YORBA LINDA
Attention: Mark Aalders
4845 Casa Loma Avenue
Yorba Linda, CA 92886
To Consultant: MICHAEL BAKER INTERNATIONAL
Attention: Richard Beck
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
2. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement.
3. Integration; Amendment. This Agreement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, and signed by all the parties hereto.
4. Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or inability to enforce shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.
6. Statutory References. All references in this Agreement to particular statutes, regulations, ordinances, or resolutions of the United States, the State of California, or the County of Orange shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.
7. Special Provisions. Any additional or supplementary provisions or modifications or alterations of this Agreement, if any, shall be set forth in an additional Exhibit “D” (“Special Provisions”) if any such Special Provisions exist. In the event of any discrepancy between the provisions of this Agreement and the Special Provisions, Special Provisions shall take precedence and prevail.
8. Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement, (2) the Consultant’s signed, original Proposal dated April 21, 2022 (“Consultant’s Proposal”), and (3) the City’s Request for Proposal (“City’s RFP), which shall all be referred to collectively hereinafter as the “Contract Documents”. The Consultant’s Proposal and the City’s RFP, are hereby incorporated by reference, and are made a part of this Agreement. All provisions of this Agreement, the Consultant’s Proposal, and the City’s RFP shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority, (1st) the terms and conditions of this Agreement, (2nd) the provisions of the City’s RFP and (3rd) the provisions of the Consultant’s Proposal.
[SIGNATURES BEGIN ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.
CITY:
CITY OF YORBA LINDA
By: _______________________________
Its:
CONSULTANT:
MICHAEL BAKER INTERNATIONAL, INC.
By: ________________________________
Name:______________________________
Title: ______________________________
ATTEST:
By: _______________________________
Marcia Brown, City Clerk
By: _______________________________
Name: _____________________________
Title: ______________________________
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
By: _______________________________
Todd Litfin, City Attorney
City of Yorba Linda
EXHIBIT A
Scope of Services
LOCAL HAZARD MITIGATION PLAN
Task 1: LHMP Planning/Development Process
Task 1.1 Project Kickoff and Background Data Review
This task will occur in coordination with Scope #1, Task 1. As a cost saving measure to the City, the Safety Element and LHMP kick-off will be conducted in the same meeting.
Task 1.2 Hazard Mitigation Planning Committee Meetings
Consultant will work with the City to identify stakeholders to participate on the Hazard Mitigation Planning Committee (HMPC). The HMPC will be a major contributor to the planning process and will guide the LHMP development. In accordance with Cal OES/FEMA requirements, the HMPC will consist of both internal city representatives and external partners, such as representatives from neighboring cities, public safety agencies or the County government. Consultant will utilize expertise from the HMPC to provide input on Yorba Linda hazards and identify mitigation projects for implementation. Additional data resources will be solicited from participants. Consultant will facilitate four HMPC meetings including preparation of agendas, meeting minutes, schedules, and action items. City staff will be responsible for securing meeting locations and coordinating HMPC invitation distribution. If COVID-19 restrictions prevent HMPC from gathering in-person, Consultant can provide technology for a virtual meeting via Microsoft Teams, Zoom, or similar. These meetings are anticipated to require a two hours of participation time each, and are expected to cover the following topics:
Meeting 1: Introduction to hazard mitigation planning; explanation of roles/responsibilities; community engagement strategy overview; hazard overview; preliminary data collection.
Meeting 2: Preliminary results and findings of risk assessment; community asset inventory review; group analysis and risk factor development.
Meeting 3: Identification of goals; capability assessment; development of mitigation actions.
Meeting 4: Prioritization of mitigation actions; implementation strategy for mitigation actions; plan maintenance process.
Post Meeting 4: HMPC review of the Initial Draft Plan.
In compliance with FEMA and Cal OES requirements, Consultant will thoroughly document the HMPC planning process including: narrative description of preparation and process; record of dates, attendees and agendas; record of departments, agencies, organizations and persons participating in plan development; and, coordination with City plans and planning mechanisms.
Task 1.3 LHMP Community Outreach
Community engagement is a required component of the LHMP planning. All LHMP outreach activities shall be thoroughly documented with summaries and pictures, for incorporation into the LHMP per Cal OES and FEMA requirements.
Online Community Survey: Consultant will develop an online survey and provide a detailed summary of input received. The survey will be hosted on SurveyMonkey®. The survey will include multiple-choice questions, ranking/ rating scales, and open-ended questions. Consultant will coordinate with the City to make the survey link available on the City’s website. The City will be responsible for distributing and promoting the survey.
Web Content/Social Media: Consultant will develop web content and graphics that can be used on the City’s website or on a webpage that is specifically dedicated to the project, including the LHMP update. The webpage will provide information about the planning process, meeting dates, access to community outreach summaries and draft plan documents when available. Website visitors will have an opportunity to provide input, comment
on the LHMP or ask questions. The City will be responsible for disseminating information and updates on the plan process through the webpage and social media.
Community Workshop: Consultant will facilitate one (1) workshop or pop-up event to solicit in-person input and educate the public about the LHMP update process. Workshops are a fantastic opportunity to inform the community. At the time of outreach planning and scheduling, Consultant will also coordinate with the City Project Management Team to review current COVID-19 gathering restrictions before deciding the type of outreach event. Consultant will work with the Project Management Team to determine the best location and approach to the workshop. Consultant will design one promotional piece per event to publicize the opportunity to participate. The promotional piece will be provided to the City for review, and one round of revisions is assumed. The City will be responsible for the dissemination of the promotional piece.
Task 2: Risk Assessment
Task 2.1 Hazard Identification and Profiles
Following background information review and based on the hazard identification/ranking, Consultant will prepare hazard profiles. Each profile will include a hazard definition, location and extent of past occurrences, the probability of future occurrences, and climate change considerations. A maximum of sixteen (16) profiles will be prepared, including seismic, flood, wildfire, drought, and other hazards identified by the HMPC.
Consultant will work with the HMPC to finalize which hazards will be included in the LHMP, to provide a complete picture of the hazard risk in Yorba Linda. Consultant takes a unique approach to incorporating climate change into the LHMP. Recognizing that many natural hazards (wildfire, flood, drought, etc.) are closely related to climate change, Consultant integrates an in-depth analysis of this correlation on a hazard-by-hazard basis.
This prevents redundancy and allows for all potential impacts/ vulnerabilities to be evaluated with consideration for climate change. This will also allow the City to satisfy climate adaptation requirements to be folded directly into the Safety Element.
Task 2.2 Hazard Mapping
Utilizing our in-house GIS experts, Consultant will prepare GIS base maps and hazard mapping to support the hazard profiles. Working from these base maps, Consultant will confirm a list of critical assets for mapping with the HMPC. The City will provide GIS data including information about parcels, land use, building type/footprint, and any localized hazard maps (if available). Consultant anticipates the City data will require minimal alterations. Current and newly created (as needed) data will be used to develop mapping products to illustrate location, extent, severity, and other information for potential hazards within the service area.
Maps will show the locations of local assets and clearly summarize the intersection of hazard locations and assets. These local assets will include public buildings, critical facilities and infrastructure and will be reviewed and confirmed with the HMPC. Maps will depict the location of parcels, structures, land use, and populations when feasible and structures will be identified by type of use. Concurrent with preparation of the hazard and assets maps, the HMPC will develop the critical facilities list to be used as part of the risk assessment. While critical facilities will be shown in map form, a separate list will be prepared for inclusion in the LHMP.
Preparation of this list is a vital component of the hazard mitigation planning process. Information needed from the City also includes building and content valuation to assist with the quantification of potential losses.
Task 2.3 Vulnerability Assessment
Upon completion of the hazard profiles, Consultant will prepare a vulnerability assessment, using the approved critical facilities list and hazard profiles prepared as part of previous tasks. The vulnerability assessment will consist of an analysis overlaying these two data sets and identifying the facilities that are vulnerable to the profiled hazards. The vulnerability assessment will include the following, based on data availability:
Types/numbers of buildings, infrastructure, and critical facilities located within identified hazard areas; an inventory of all repetitive flood loss structures, as defined by FEMA, if applicable; and description of land uses and development trends to advise future land use decisions.
The result of this analysis will be presented in tables identifying facilities/infrastructure and relevant hazards most likely to affect these facilities. Exhibit maps will correspond to this latest information. Upon completion, both the hazard profiles and vulnerability assessment will be presented to the HMPC. In addition, Consultant will evaluate the impacts of natural hazards to vulnerable populations, including those that are reliant on others for their wellbeing, such as young children, individuals with disabilities, individuals dependent on medical equipment, individuals with impaired mobility, as well as people with low socioeconomic levels.
Task 2.4 Capabilities Assessment
A capabilities assessment is a comprehensive review of all the various policies, plans, programs, and procedures that assist in hazard mitigation activities. This portion of the document provides an understanding of the capabilities and tools currently available to Yorba Linda, as well as local, state, federal agencies, that contribute to hazards reduction. The HMPC will review existing capabilities and identify the applicable codes and plans that affect or mitigate the impact of potential hazards in the City.
Task 3 Hazard Mitigation Strategy
Working with the HMPC, goals will be developed to ensure adequate communication of desired end states and provide a foundation for meaningful hazard mitigation actions. The Consultant team will develop a comprehensive range of potential mitigation actions, that will reduce the impacts of each profiled hazard.
Mitigation actions will be developed with consideration for potential future state or federal funding through capital improvement bond programs and/or mitigation grant programs.
Based on FEMA guidance, mitigation actions and projects refer to hazard mitigation action, activity, process, or physical project designated to reduce or eliminate the long-term risks from hazards. A comprehensive mitigation strategy analyzes a wide range of actions from multiple forms of mitigation techniques, including structural projects, nonstructural projects, natural systems protection projects, and educational/awareness programs. Mitigation actions are intended to reduce risk to existing buildings and infrastructure, as well as limit any risk to new development and redevelopment.
Consultant will develop mitigation actions based upon discussions and feedback from the HMPC. We will also develop a process to prioritize identified mitigation actions, and identify the following information:
Responsible Department(s): The agency/department responsible for the action identified.
Potential Funding Source: Sources of future funding that can be used to implement the action.
Priority: General priority of the action (high, medium, low), based on team input.
Relative Cost: The relative cost to implement the action, based on cost categories determined by the HMPC.
Task 4 Hazard Mitigation Plan Maintenance Process
Task 4.1 Monitoring, Evaluating, Implementing and Updating The plan maintenance process will be discussed at the HMPC meetings, including how the City will monitor, evaluate, implement, and update the Plan. Consultant will prepare a chapter that identifies the plan maintenance and implementation steps over the five-year plan period. This chapter will describe the methods and schedule for monitoring, evaluation of, and updating of the plan. The chapter will also describe how the mitigation plan elements will be incorporated into other planning mechanisms, as well as how the public will continue to remain involved throughout the future planning process.
Task 4.2 Prepare Draft LHMP for HMPC Review
Consultant will compile the information into an electronic administrative draft version of the LHMP. Our approach of working closely with the HMPC has shown to expedite the review process, because HMPC members have already reviewed LHMP content through by the time the administrative draft document is complete. The City will be responsible for collecting HMPC comments and providing to Consultant at the end of the review period. HMPC comments (as applicable) will be incorporated to prepare an updated public review draft document.
Task 4.3 Prepare Public Review Draft LHMP
Consultant will prepare the public review draft LHMP. The draft document will be made available to the public for comment and feedback to be incorporated into the LHMP prior to submitting to Cal OES and FEMA for review. Consultant anticipates a 30-day public review period, with the LHMP made available on the City’s website.
Task 4.4 Prepare Plan Submittal for Cal OES/FEMA Review Consultant will compile comments received on the public review draft LHMP for inclusion as an appendix item and revise the LHMP. The LHMP will then be submitted to Cal OES for initial review; the Consultant team will address any comments/concerns from Cal OES before the final LHMP is submitted to FEMA. Consultant will prepare the FEMA Hazard Mitigation Plan Review Tool that will accompany the submission.
Task 4.5 Obtain Conditional Approval Pending Adoption from FEMA If comments are provided by Cal OES and/or FEMA, requiring plan revisions, Consultant will revise the LHMP. In the past, Consultant has successfully completed plans that did not require revisions or required only minor revisions by FEMA prior to adoption, which is our goal for Yorba Linda’s LHMP. If revisions are necessary, Consultant will work with Cal OES FEMA to address them to ensure an “approvable pending adoption” (APA) determination.
Task 4.6 Plan Adoption
Once the LHMP has received an APA determination, the Consultant team will present the final LHMP to the City Council for adoption. The City must formally adopt the LHMP within one calendar year of receipt of FEMA APA designation. After adoption, Consultant will submit proof of adoption to FEMA, via the Board’s resolution. Five (5) Final copies of the adopted LHMP will be transmitted to the City.
EXHIBIT B
Schedule of Compensation
TASK
Staff Position and Billing Rate
Total
Hours
TOTAL COST Program
Manager
$300
Project
Manager
$140
Technical
Specialist
$200
Senior
Planner
$165
Planner
$110
Graphic
Designer
$130
GIS Maps
$150
Admin.
$70
1.0 LHMP Planning/Development Process
1.1 Project Kickoff & Background Data Review*
cost included in Scope 1, Task 1 as a cost saving measure to the City
1.2 Hazard Mitigation Planning Committee Meetings 30 4 4 45 4 87 $11,130
1.3 LHMP Community Outreach
Online Community Survey 2 2 8 12 $1,490
Web Content/Social Media 2 8 10 $1,320
Community Workshop 16 8 24 8 56 $7,240
2.0 Risk Assessment
2.1 Hazard Identification & Profiles 2 8 4 16 60 90 $11,760
2.2 Hazard Mapping 16 4 6 12 42 80 $11,650
2.3 Vulnerability Assessment 2 8 10 6 40 32 98 $13,910
2.4 Capabilities Assessment 8 2 4 24 32 70 $9,620
3.0 Hazard Mitigation Strategy 2 24 12 4 24 66 $9,660
4.0 Hazard Mitigation Plan Maintenance Process
4.1 Monitoring, Evaluating, Implementing and Updating 2 8 10 $1,480
4.2 Prepare Draft LHMP for HMPC Review 2 12 8 2 24 8 56 $7,410
4.3 Prepare Public Review Draft LHMP 2 12 8 2 24 16 64 $7,970
4.4 Prepare Plan Submittal for Cal OES/FEMA Review 2 12 8 2 24 8 56 $7,410
4.5 Obtain Conditional Approval Pending Adoption 2 8 4 2 12 8 36 $4,730
4.6 Plan Adoption 2 8 4 2 12 28 $4,170
Other Direct Costs $1,000
Total Hours 18 166 68 60 341 20 106 40 819
Percent of Total Labor (Hours) 2% 20% 8% 7% 42% 2% 13% 5% 100% TOTAL COST $5,400 $23,240 $13,600 $9,900 $37,510 $2,600 $15,900 $2,800 $111,950
ID Task Name
1 Task 1.1: Project Kickoff and Background Data Review
2 Task 1.2 Hazard Mitigation Planning Committee Meeting 13 Task 1.2 Hazard Mitigation Planning Committee Meeting 24 Task 1.2 Hazard Mitigation Planning Committee Meeting 35 Task 1.2 Hazard Mitigation Planning Committee Meeting 46 Task 1.3 LHMP Community Outreach Online Community Survey7 Task 1.3 LHMP Community Outreach Web Content/Social Media8 Task 1.3 LHMP Community Outreach Community Workshop9 Task 2.1 Hazard Identification and Profiles 10 Task 2.2 Hazard Mapping11 Task 2.3 Vulnerability Assessment12 Task 2.4 Capabilities Assessment13 Task 3 Hazard Mitigation Strategy14 Task 4.1 HMP Monitoring, Evaluating, Implementing and Updating15 Task 4.2 Prepare Draft LHMP for HMPC Review16 Task 4.3 Prepare Public Review Draft LHMP17 Task 4.4 Prepare Plan Submittal for Cal OES/FEMA Review18 Task 4.5 Obtain Conditional Approval Pending Adoption from FEMA* (tentative)19 Task 4.6 Plan Adoption
B E M B E M B E M B E M B E M B E M
May June July August September October November December January February March April Manual Task
SCOPE #2 SCHEDULE
LOCAL HAZARD MITIGATION PLAN
Project: Scope2_LHMP_ScheduDate: Thu 5/12/22
EXHIBIT C
Schedule of Performance
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into as of ______________, by and between the CITY OF YORBA LINDA, a municipal organization organized under the laws of the State of California (“City”), and Michael Baker International, Inc., a (“a Pennsylvania corporation”) (“Consultant”).
NOW THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1. Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Cal Fire – Fire Prevention Grant Management and the creation of an Emergency Operations Plan Update and, as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference (the “services” or “work”). Consultant warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services.
2. Changes and Additions to Scope of Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such work shall be undertaken unless a written order is first given by City to Consultant, incorporating therein any adjustment in (i) the Schedule of Compensation, and/or (ii) the Schedule of Performance, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this Section 1.2 shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefor.
3. Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the nature and factual context of the work and fully acquainted itself with the conditions pertaining to it, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, and such latent or unknown condition affects Consultant's ability to perform the Work for the Contract Sum (as defined in Section 2.1 below) Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof).
4. Standard of Performance. Consultant agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry, and that all goods, materials, equipment, or personal property included within the services herein shall be of good quality, fit for the purpose intended.
5. Performance to Satisfaction of City. Consultant shall perform all work and tasks comprising the Services to the satisfaction of City within the time specified. If City reasonably determines that any portion of the services is not satisfactory, City shall have the right to take appropriate action, including but not limited to: (a) meeting with Consultant to review the quality of the work and resolve matters of concern; (b) requiring Consultant to repeat unsatisfactory work at no additional charge until they are satisfactory; (c) suspending the delivery of work to Consultant for an indefinite time; (d) withholding payment; and (e) terminating this Agreement as hereinafter set forth.
6. Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work and services required of Consultant herein
ATTACHMENT C
without the prior express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. Any such prohibited assignment or transfer shall be void.
2. COMPENSATION
1. Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “B” (the “Schedule of Compensation”) in a total amount not to exceed $341,120 (the “Contract Sum”), except as provided in Section 1.2. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement at Consultant's actual cost, without additional overhead or services charge, for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.
2. Method of Payment. Unless otherwise provided in the Schedule of Compensation, Consultant shall submit to City no later than the tenth (10th) working day of each month, in the form approved by City, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than forty-five (45) days after invoices are received by the City.
3. PERFORMANCE SCHEDULE
1. Time of Essence. Time is of the essence in the performance of this Agreement.
2. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit “C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer.
3. Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4. Term. The term of this agreement shall commence on the date of execution and shall end upon project completion (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 8.11 or
8.12 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance.
4. COORDINATION OF WORK
1. Representative of Consultant. Richard Beck is hereby designated as the principal representative of the Consultant, authorized to act in its behalf with respect to the work and
services specified herein and to make all decisions in connection therewith. A substitution of the designated representative must be approved in advance by the City.
2. Contract Officer. The Contract Officer shall be Colleen Callahan or such other designated Authorized Agent of the CalFire – Fire Prevention Grant Program, including the Emergency Operations Plan update. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
5. INSURANCE AND INDEMNIFICATION
1. Without limiting Consultant's indemnification obligations, Consultant shall not undertake the services contemplated hereunder until Consultant has obtained all of the insurance required herein from a company or companies acceptable to City, and Consultant shall maintain all such insurance in full force and effect at all times during the term of this Agreement and any extension or renewal thereof. Insurance shall be placed with insurers having a current A.M. Best rating of no less than A-: VII or equivalent or as otherwise approved by City.
2. Consultant shall take out and maintain the following insurance:
1. Workers' Compensation and Employer's Liability Insurance: Consultant shall cover or insure as required by applicable laws relating to workers’ compensation insurance all of its employees performing the services contemplated hereunder, in accordance with the “Workers' Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Consultant shall provide worker's compensation insurance and employer's liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence, One Million Dollars ($1,000,000) disease policy limit, and One Million Dollars ($1,000,000) disease each employee. Such policy of workers compensation insurance shall contain the following separate endorsements:
a. “Insurer waives all rights of subrogation against the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.” b. “This insurance policy shall not be cancelled by the insurer until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, except 10 days notice shall be given for non-renewal by insurer.”
2. Commercial General Liability Insurance providing coverage in the following minimum limits:
a. Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury, Personal Injury or Death and Property. b. Damage Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 0001). c. If Commercial General Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503 or ISO CG 2504, or insurer's equivalent endorsement provided to City), or the general aggregate limit shall be twice the required occurrence limit.
3. Comprehensive Automobile Liability Insurance, including owned, nonowned, leased, hired, and borrowed automobiles and similar vehicles, providing the following minimum limits:
a. Combined single limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury or Death and Property Damage. b. Coverage shall be at least as broad as Insurance Services Office (ISO) Business and Auto Coverage (Form CA 0001) covering any auto.
4. Professional Liability: Consultant shall provide coverage appropriate to the Consultant's profession covering Consultant's wrongful acts, negligent actions, errors, or omissions. The retroactive date (if any) is to be no later than the effective date of this Agreement. Consultant shall maintain
such coverage continuously for a period of at least three years after the completion of the contract work.
Consultant shall purchase a one-year extended reporting period i) if the retroactive date is advanced past the effective date of this Agreement; ii) if the policy is canceled or not renewed; or iii) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. The limits shall be no less than $1,000,000 per claim and annual aggregate.
3. Endorsements: The policies of liability insurance provided for in Paragraphs 5.2.2 through 5.2.4 shall specify that this specific Agreement is insured and that coverage for injury to participants resulting from Consultant's activities is not excluded, and shall be in a form satisfactory to City and contain the following separate endorsements:
a. “The City of Yorba Linda, its officers, directors, employees, representatives and volunteers, are declared to be additional insureds on the CGL and Auto Liability policies with respects to the operations and activities of the named insured at or from the premises of the City of Yorba Linda. The coverage shall contain no special limitations on the scope of protection afforded to the City of Yorba Linda, its officers, directors, employees, representatives and volunteers.”
b. “This insurance policy shall not be canceled or specific to professional liability, materially changed for any reason until thirty (30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, except 10 days notice shall be given for non-renewal by insurer.”
c. “Thisinsurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon or looked to cover a loss under said policy; the City of Yorba Linda shall not be liable for the payment of premiums or assessments on this policy.”
d. “Except for professional liability insurance, any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Yorba Linda, its officers, directors, employees, representatives, or volunteers.”
e. “This insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.”
4. Evidence of Coverage: Consultant shall at the time of the execution of the Agreement present to City a Standard Acord certificate of insurance, with separate endorsements (Insurance Services Office Form CG 2026, or equivalent), showing the issuance of such insurance and the additional insured and other provisions and endorsements required herein, and except for blanket endorsements copies of all endorsements signed by the insurer's representative. All policies shall contain the Consultant's name and location of the Premises on the certificate. At least thirty (30) days prior to the expiration of any such policy, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with City. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Review of Coverage: City shall have the right at any time to review the coverage, form, and limits of insurance required under this Agreement. If, in the sole and absolute discretion of City, the insurance provisions in this Agreement do not provide adequate protection for City, City shall have the right to require Consultant to obtain insurance sufficient in coverage, form and limits to provide adequate protection and Consultant shall promptly comply with any such requirement. City's requirements shall not be unreasonable but shall be adequate in the sole opinion of City to protect against the kind and extent of risks which may exist at the time a change of insurance is required, or thereafter.
6. Deductibles: Any and all deductibles must be declared and approved by City prior to execution of this Agreement.
7. Agreement Contingent Upon Coverage: Notwithstanding any other provision of this Agreement, this Agreement shall be null and void at all times when the above-referenced original policies of insurance or Certificate of Insurance or Renewal Certificates or Endorsements are not on file with City.
8. Workers' Compensation Insurance. By his/her signature hereunder, Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing the performance of the work of this Agreement. To the extent required by law, Consultants and subcontractors will keep Workers' Compensation Insurance for their employees in effect during all work covered by this Agreement. In the event Consultant has no employees requiring Consultant to provide Workers' Compensation Insurance, Consultant shall so certify to the City in writing prior to the City's execution of this Agreement. The City shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section or with the provisions of law relating to Worker's Compensation.
9. Indemnification. Consultant shall indemnify City and City's agents, officers, and employees (“City Personnel”) from and against demands, reasonable attorney's fees, costs, damages to persons or property, losses, obligations, expenses or liabilities (herein "claims" or "liabilities") that may be asserted or claimed by any person or entity arising out of the negligence, recklessness, or willful misconduct of Consultant, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, but excluding such claims or liabilities arising from the negligence or willful misconduct of City or City Personnel. In connection therewith:
1. Consultant shall pay all costs and expenses, including reasonable attorney's fees incurred in connection therewith, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8.
2. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8.
3. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such damages or other claims arising out of or in connection with the negligence, recklessness, or willful misconduct of Consultant, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorney's fees and expert witness fees, to the maximum extent allowed under California law including but not limited to Civil Code section 2782.8..
6. RECORDS, REPORTS, AND INTELLECTUAL PROPERTY.
1. Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require.
2. Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have
full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
3. Ownership of Documents and Data. All original drawings, specifications, reports, records, data, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.
4. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect.
5. Intellectual Property and Proprietary Information.
1. Proprietary Information. All proprietary information developed specifically for City by Consultant in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material, or software programs, but not including Consultant's underlying materials, software, or know-how, shall be the sole and exclusive property of City, and are confidential and shall not be made available to any person or entity without the prior written approval of City. Consultant agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of Consultant's services under this Agreement. Consultant further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performance of Services by Consultant under this Agreement shall be made to City, and that Consultant shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by City.
2. Reproduction Rights. Any and all patents and copyrights that arise from the services or the creation of work in carrying out this Agreement shall be vested in City, and Consultant hereby agrees to relinquish all claims to such copyrights in favor of City.
3. Use of Patented Materials. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used, or incorporated in the Services performed by Consultant under this Agreement. Consultant shall indemnify, defend, and save City harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.
7. RELEASE OF INFORMATION/CONFLICTS OF INTEREST.
1. Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
2. Release of Confidential Information. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
3. Conflicts of Interest Prohibited. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.
4. Covenant Against Contingent Fee. Consultant covenants that neither it nor any of its officers, employees, agents, or representatives employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement. Consultant further covenants that neither it nor any of its officers, employees, agents, or representatives has paid or agreed to pay any company or person, other than a bona fide employee of Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this provision, City shall have the right to annul this agreement without liability, or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
8. LEGAL RELATIONS AND RESPONSIBILITIES.
1. Compliance with Law. Consultant shall keep itself fully informed of all existing and future state and federal laws and all county and city ordinances and regulations which in any manner affect those employed by it or in any way affect the performance of services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of all work and services performed by or on behalf of Consultant.
2. Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement.
3. Covenant Against Discrimination. The Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
4. Independent Contractor. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Consultant. Consultant shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. Neither Consultant nor any of Consultant's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither Consultant nor any of its employees shall be paid by City time and one-half for working in excess of forty (40) hours in any one week. City is under no obligation to withhold State and Federal tax deductions from Consultant's compensation. Neither Consultant nor any of Consultant's employees shall have any property right to any position, or any of the rights an employee may have in the event of termination of this Agreement.
5. Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
6. California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
7. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.11.
8. Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement.
9. Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
11. Termination Prior To Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.12 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon ten (10) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.8.
12. Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.7, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.8.
13. Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.
14. Safety. The Consultant shall execute and maintain his/her work so as to avoid injury or damage to any person or property. The Consultant shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out his/her work, the Consultant shall at all times exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed, and be in compliance with all applicable federal, state, and local statutory and regulatory requirements including California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act.
15. Compliance with California Unemployment Insurance Code Section 1088.8. If Consultant is a sole proprietor, then prior to signing the Agreement, Consultant shall provide to City a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification. Consultant understands that pursuant to California Unemployment Insurance Code section 1088.8, City will report the information from Form W-9 to the State of California Employment Development Department, and that the information may be used for the purposes of establishing, modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes.
16. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
17. Unauthorized Use of City's Name. Except as required by law or with the prior written consent of City (which consent may be withheld in city's sole and absolute discretion), Consultant shall not use City's name, seal or logo in any marketing materials, magazine, trade paper, newspaper, television or radio production or other similar medium, nor shall Consultant state, imply or in any way represent to any third party that City has endorsed or approved Consultant or any of its services or products.
9. MISCELLANEOUS
1. Notices. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notices personally
delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch.
To City: CITY OF YORBA LINDA
Attention: Colleen Callahan
4845 Casa Loma Avenue
Yorba Linda, CA 92886
To Consultant: MICHAEL BAKER INTERNATIONAL
Attention: Richard Beck
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
2. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement.
3. Integration; Amendment. This Agreement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, and signed by all the parties hereto.
4. Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or inability to enforce shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.
6. Statutory References. All references in this Agreement to particular statutes, regulations, ordinances, or resolutions of the United States, the State of California, or the County of Orange shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.
7. Special Provisions. Any additional or supplementary provisions or modifications or alterations of this Agreement, if any, shall be set forth in an additional Exhibit “D” (“Special Provisions”) if any such Special Provisions exist. In the event of any discrepancy between the provisions of this Agreement and the Special Provisions, Special Provisions shall take precedence and prevail.
8. Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement, (2) the Consultant’s signed, original Proposal dated April 21, 2022 (“Consultant’s Proposal”), and (3) the City’s Request for Proposal (“City’s RFP), which shall all be referred to collectively hereinafter as the “Contract Documents”. The Consultant’s Proposal and the City’s RFP, are hereby incorporated by reference, and are made a part of this Agreement. All provisions of this Agreement, the Consultant’s Proposal, and the City’s RFP shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority, (1st) the terms and conditions of this Agreement, (2nd) the provisions of the City’s RFP and (3rd) the provisions of the Consultant’s Proposal.
[SIGNATURES BEGIN ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.
CITY:
CITY OF YORBA LINDA
By: _______________________________
Its:
CONSULTANT:
MICHAEL BAKER INTERNATIONAL, INC.
By: ________________________________
Name:______________________________
Title: ______________________________
ATTEST:
By: _______________________________
Marcia Brown, City Clerk
By: _______________________________
Name: _____________________________
Title: ______________________________
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
By: _______________________________
Todd Litfin, City Attorney
City of Yorba Linda
Exhibit A
Scope of Services
CAL FIRE – FIRE PREVENTION GRANT
CAL FIRE – FIRE PREVENTION GRANT MANAGEMENT
The CAL FIRE grant highlights the multiple avenues required to plan, implement, and preserve native habitat while eliminating fuels that would contribute to wildfire potential. Michael Baker can provide all the required services in-house, through an integrated, multi-disciplinary approach. This integrated approach increases creativity and promotes long term sustainability, while ensuring that grant requirements are met.
Baseline conditions of the site will be defined early. Conditions such as biological resources and potential jurisdictional drainage features will be mapped. All files (GIS layers) will be provided to the City of their file.
These plans will serve as the foundation for which vegetation will be removed and what resources should be noted during maintenance activities. Additionally, the City can ultimately utilize this information when they prepare the Restoration Plan.
Similar to the previous scopes above, our team’s approach to public participation offers continuous opportunities for meaningful input and involvement/ownership throughout the life of the project-the goal to develop a consensus-based vision, local ownership, and to foster community awareness.
While conducting preconstruction surveys and any monitoring during vegetation removal, the Biological Monitor would remain alert for the presence of coastal California gnatcatcher, a federally-listed threatened species which could potentially occur within or near some of the project sites. If this or any other special-status species is detected, the Biological Monitor would coordinate with the City/ Contractor to notify the appropriate regulatory agencies and/or provide recommendations to avoid impacts to such species. We routinely lead, manage, and coordinate with maintenance contractors to ensure that project objectives are met while achieving environmental compliance. Michael Baker’s natural resource specialists will work closely with the City and designated Contractor to define roles and responsibilities for project implementation. Our success is based on weekly coordination with maintenance crews, where we provide guidance for invasive species removal and highlight any variables that may arise that may have not been projected in the original approach.
Adaptive management is key since the open space areas are dynamic, not just year to year, but season to season.
Our qualitative assessments will incorporate the documentation needed to fulfill grant conditions. Should removal methods be ineffective during the first two years of the project, our Team will work with the Contractor to determine alternate methods by using test plots within the project site.
Task 1: Project Kickoff
Michael Baker will conduct a kick-off meeting/call with the City’s Project Management team to initiate work on the Fire Prevention Grant. The team will review the scope of work, anticipated project schedule, communications protocol, and deliverables; discuss staff expectations; and have an initial discussion of data needs and the community outreach approach. Schedules of removals can be determined based on the vegetation composition at each of the seven sites. Following this meeting, the Project Manager will begin working on the treatment plan schedule and tracking matrix (Task 2.1 below).
Task 2: Project Management
Task 2.1 Multi-Year Fuel Reduction Treatment Plan Schedule, Inspections, and Invoice Review Working with the City, the Project Manager will develop a tracking table based on scope of work and anticipated timelines. The schedule will be relayed to the contractor, and removals will be timed to avoid nesting bird season when possible. Through coordination and oversight of the contractor, the project manager will complete progress reports, amend funding agreement, scope of work, budget or schedule, and prepare an
adequate audit trail. Additionally, quarterly reports on emissions and progress reports will be submitted to CAL FIRE to fulfill grant requirements. The project manager will also prepare and file the Final Report to CAL FIRE, following review and approval of the City.
Task 2.2 Coordination on the EOP Update
Close coordination will occur with the Project Manager of Scope #3, EOP, previously detailed. The EOP will be incorporated into CAL FIRE documentation so grant requirements are met.
Task 2.3 Review of Restoration and Sustainability Plan and Evacuation Plan Michael Baker has included time for our restoration ecologists and community planners to review the Restoration and Sustainability Plan and Evacuation Plan prepared by the City. Anticipated support includes review of draft and final documents, comments/response to comments, technical review and research, and assistance with graphics, where required. Our schedule shows coordination of the document throughout the entire task duration (this allows for various reviews along the process rather than only at the final draft).
Task 2.4 CAL FIRE Approval and Closeout of Grant
As part of the grant requirements, Michael Baker will work with the City to prepare a final accomplishment report for submittal to CAL FIRE within 30 days of the project completion. Utilizing our in-house air and Greenhouse Gas (GHG) Specialists, Michael Baker will provide the appropriate materials for completing program quantification methodology and use the current reporting templates provided by the CAL FIRE. Most importantly, our Project Management tasks includes time for significant coordination with OCFA and the City to ensure that all grant requirements are met.
Task 3: CEQA and Biological Compliance
Task 3.1 Notice of Exemption Preparation
Following direction outlined in Section E of the CAL FIRE grant, it is anticipated the project sites will fall under a Notice of Exemption (NOE) for CEQA. Filing of NOEs will occur for sites 1,3, 4, 5, 6, and 7, as site 2 has CEQA completed. Each site will be treated and filed as its own project, in the chance there are any delays for an individual site during the final approval process. Should this be the case, any approved sites can move forward with the removals and the Project Manager can update the proposed schedule with the contractor. In the event it is determined that there is a potential for a significant impact to occur under CEQA for one or more of the sites and that a Negative Declaration is required, Michael Baker will work with the City to reallocate funding within the grant budget. Should an Environmental Impact Report be required, Michael Baker can provide these services under a separate scope and fee.
Task 3.2 Baseline Documentation of Project Sites
Prior to the start of removal activities, Michael Baker will document existing site conditions in order to provide clear direction to the contractor. Documentation will include site photos, plant lists, and GPS data on native and sensitive species to avoid. Site boundaries and notes will be saved as shapefiles to be provided to the City and contractor. Additionally, for sites 1, 2, and 3, a jurisdictional delineation will be conducted to determine the presence/absence of state or federal waters. If present, regulatory agency coordination will take place under Task 3.3 outlined below.
Task 3.3 Regulatory Permitting
Should jurisdictional features be noted during the baseline surveys, Michael Baker will coordinate with California Department of Fish and Wildlife (CDFW) on behalf of the City. Michael Baker will prepare and process a notification submittal package for a CDFW Section 1602 Streambed Alteration Agreement (SAA) pursuant to the California Fish and Wildlife Code.
Task 3.4 ISHB Surveys
Michael Baker has provided ISHB surveys for OC Public Works as well as throughout OC Parks. Additionally strong relationships with the University of California has allowed us to utilize lab testing and experts to assist in the surveys when required. During the biological surveys, Michael Baker will conduct ISHB surveys of each removal area to identify infested trees for the contractor. Target ISHB trees species located within the removal sites will be evaluated for signs of infestation. Examples of potential ISHB sign include, but are not limited to, small bore holes, bark staining, and frass exudate. Any native tree found to have sign of ISHB is to be evaluated and ranked based on the standards utilized by UCANR for ISHB surveys (UCANR 2020a). Specifically, infestation levels on each tree observed to have sign would be categorized as low (<50 entry holes), moderate (50–<150 entry holes, no dieback), heavy (>150 entry holes, no dieback), and severe (>150 entry holes, dieback). General notes and summary categorization level for trees identified with ISHB infestation will be recorded.
As part of this effort, Michael Baker will work with OCFA for removals and coordination due to their current work in Chino Hills State Park. Following the surveys, a memo will be prepared to summarize the results of the ISHB field surveys and include GPS locations of the infested trees to be removed.
Task 3.5 Pre-Construction Surveys
Michael Baker will provide a qualified biologist (“Designated Biologist”) to conduct a general pre-construction survey throughout the removal areas where suitable habitat is present to support special-status wildlife. The preconstruction survey will focus on any special-status species that could occur in the area. The survey will be conducted at least three (3) days prior to vegetation removal occurring. If any special-status species are found and have the potential to be adversely affected by the project, Michael Baker will coordinate with the CDFW to determine appropriate avoidance and minimization measures to be implemented during construction.
Results of the pre-construction survey will be summarized in a short memorandum that includes a summary of the methods, site conditions, and results of the survey. Site photographs taken during the field survey and GIS figures will be included in the report to further enhance written text and visually identify specific biological information as it relates to the project site. This task includes time for GIS analysis to support the preparation of one (1) figure for each site.
Michael Baker’s qualified biologists will conduct one (1) nesting bird clearance survey at each site within seven (7) days prior to initiating any ground disturbing or vegetation removal activities during the nesting season (March 15 to September 15), followed by weekly surveys to ensure that birds do not nest in work areas or in vegetation to be removed. The project site shall be surveyed by walking meandering transects in nesting habitat and in areas up to 150 meters (500 feet) of the parcel, at the discretion of the surveyor (survey area). Methods to detect the presence of nesting birds shall include direct observation, aural detection, and signs of presence (i.e., scat, pellets, white-wash, feathers, tracks, and prey remains). All trees, shrubs, and ground dwellings shall be searched for the possible presence of active bird nests.
Michael Baker will also record all bird species observed during the clearance survey and document behaviors that suggest breeding activity. Binoculars will be used to observe distant birds and their activity around potential nesting habitat. The location of any active nests or breeding behaviors will be recorded using a handheld GPS unit, if found. This task does not include time for any protocol-level surveys.
Task 3.6 Weekly Inspections
Michael Baker will conduct periodic monitoring of the vegetation removal as needed to ensure that impacts to native habitats are minimized. The Biologist will have the authority to stop work if required (i.e. infested trees are not being properly removed and hauled off site). The Biologist will: (a) document all construction activities pertaining to biological resources while on-site; (b) provide a weekly monitoring report; (c) notify the City immediately if unauthorized impacts to biological resources occur; and (d) advise the contractor, as needed, to ensure effective and appropriate implementation of biological avoidance and minimization measures for
specific site conditions. Following monitoring visits, Michael Baker will submit a weekly e-mail to the client, along with site photographs, summarizing all monitoring efforts performed during the week and any corrective measures that were implemented to maintain compliance with all regulatory permits, agreements, and authorizations.
Task 4: Community Engagement
Task 4.1 Educational Signage
The Michael Baker team will create educational signage through collaboration with the City and OCFA to provide messaging of wildfire prevention activities.
TASK 4.2 Fire Prevention Educational Meetings
Michael Baker will work with OCFA and the City on an annual basis (for up to 3 years or 3 meetings) to educate residents on wildfire prevention through community meetings to engage residents on wildfire prevention. At minimum, topics will include the development of defensible space zones on their property, weed abatement, standards for safe use of backyard barbeque grills, use of fire-resistant plantings, and other relevant wildfire urban interface fire safety information. These meetings can be grouped with the other outreach meetings associated with Scopes 1-3, if desired by the City.
TASK 4.3 Fire Prevention Mailers
Michael Baker’s graphic design team will work with the City and OCFA to develop fire prevention mailers similar to the example provided in the RFP. The mailer will include methods for weed abatement and encourage regular weed abatement practices.
EMERGENCY OPERATIONS PLAN
Task: 1 EOP Update – Crosswalk Matrix & Exhibits Update To prepare the EOP update, the Michael Baker team will prepare a crosswalk matrix outlining required updates to the document. This will include consistency updates based on the recent Safety Element, LHMP and Evacuation Planning deliverables, and other general modernization updates as needed. Special consideration will be taken with the Wildland Fire Annex, though all EOP sections and annexes will be reviewed for updates.
Michael Baker will gather important information regarding City infrastructure, resources, and contracted services to ensure an updated, comprehensive emergency operations plan that adheres to services in order to ensure, upon completion, an updated, comprehensive emergency operations plan that adheres to the fundamentals of the National Incident Management System (NIMS) and incorporates the State’s Standardized Emergency Management System (SEMS) while meeting the requirements CALOES’ planning guidance as outlined in the 2020 Emergency Plan Review Crosswalk.
Michael Baker will document all proposed edits to the EOP in a matrix, indicating the page number requiring the edit and proposing the edit in redline/strikeout for ease of reference. An electronic screencheck draft will be provided to the City for one round of comments and review. In coordination with the crosswalk matrix, Michael Baker will also prepare exhibit updates to the plan as needed.
Task: 2 Administrative Draft EOP Preparation
Upon agreement of the needed EOP updates as documented in the EOP crosswalk, Michael Baker will compile the information and required revisions into an administrative draft EOP Update. Michael Baker will provide an electronic screencheck administrative draft (MS Word) to the City for internal review, showing a clean word document and track changes demonstrating where EOP updates were made. Michael Baker anticipates one round of review and comment from the City Project Management team. Comments and revisions from the City are anticipated to occur in redline/ strike-out and track changes.
Task: 3 Final EOP Preparation
Michael Baker will compile all internal comments received on the administrative draft EOP and will incorporate changes into the document as necessary. The final EOP will be prepared for submittal and approval by internal City decision makers, as appropriate. Michael Baker will prepare the EOP Review Crosswalk for Local Government Agencies to accompany the electronic submittal to Cal EOS. The EOP will then be submitted to Cal OES for initial review. If comments are provided by Cal OES requiring plan revisions, Michael Baker will revise the EOP accordingly.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 7 SCOPE #3: EMERGENCY OPERATIONS PLAN
Program
Manager
Project
Manager
Technical
Specialist Planner GIS Maps Admin.
$300 $140 $200 $110 $150 $70
1.0 EOP Update - Crosswalk and Matrix 2 24 16 60 102 $13,760
2.0 Admin Draft EOP Preparation 2 24 16 60 26 8 136 $18,220
3.0 Final Safety Element Preparation 4 24 24 60 6 8 126 $17,420 Other Direct Costs $500
Total Hours 8 72 56 180 32 16 364
Percent of Total Labor (Hours) 2% 21% 17% 54% 10% 5% 108% TOTAL COST $2,400 $10,080 $11,200 $19,800 $4,800 $1,120 $49,900 4/20/2022
MICHAEL BAKER INTERNATIONAL
BUDGET OF SERVICES: SCOPE #3: EMERGENCY OPERATIONS PLAN TASK
Staff Position and Billing Rate
Total
Hours TOTAL COST
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 8 Program
Manager
Project
Manager
Technical
Specialist
GIS
Specialist/
Graphics
Biologist/
Regulatory
Analyst
$300 $191 $165 $150 $125
1.0 Project Kick-Off 4 8 12 $2,728
2.0 Project Management 80 435 515 $107,085
3.1 Notice of Exemption(s) 2 8 50 60 $8,170
3.2 Baseline Documentation 2 4 16 88 110 $14,442
3.3 Regulatory Permitting 8 16 24 $3,320
3.4 ISHB Surveys 8 144 152 $19,200
3.5 Pre-Construction Surveys 112 40 115 267 $38,855
3.6 Weekly Inspections 288 288 $36,000
4.0 Community Engagement 40 40 32 30 142 $29,420
Other Direct Costs (signage, educational meetings, mailers) $32,000 Total Hours 126 485 164 94 701 1,570
Percent of Total Labor (Hours) 8% 31% 10% 6% 45% 100%
TOTAL COST $37,800 $92,635 $27,060 $14,100 $87,625 $291,220 4/21/2022
MICHAEL BAKER INTERNATIONAL
3.0 CEQA and Biological Compliance
TASK
Total
Hours TOTAL COST
Staff Position and Billing Rate
BUDGET OF SERVICES: SCOPE #4: CALFIRE FIRE PREVENTION GRANT SCOPE #4: CAL FIRE FIRE PREVENTION GRANT
ID Task Name Duration Start Finish
1 Year 1 Activities 217 days? Tue 6/7/22 Wed 4/5/23
2 Project Kick‐Off 0 days Tue 6/7/22 Tue 6/7/223 Baseline Surveys 203 days Tue 6/7/22 Thu 3/16/234 Existing Site Conditions Assessment 0.8 wks Tue 6/7/22 Fri 6/10/225 Delineation of Jurisdictional Waters 3 wks Mon 6/13/22 Fri 7/1/226 ISHB Tree Assessment 2 wks Mon 7/4/22 Fri 7/15/227 Pre‐Construction Surveys 61 days Fri 9/16/22 Fri 12/9/228 Nesting Bird Surveys (if required) 21 days Wed 2/15/23 Wed 3/15/239 CEQA Compliance 40 days Tue 6/7/22 Mon 8/1/22 10 Preparation and Filing of NOEs 8 wks Tue 6/7/22 Mon 8/1/2211 Community Engagement/Education 21 days Mon 8/8/22 Mon 9/5/2212 Community Meeting #1 (EST) 0 days Mon 8/8/22 Mon 8/8/2213 Educational Mailers (EST) 0 days Mon 9/5/22 Mon 9/5/2214 Emergency Plans 469 days Tue 6/7/22 Fri 3/22/2415 Local Hazard Mitigation (no CEQA) 12.25 mons Tue 6/7/22 Mon 5/15/2316 Safety Element (possible exemption) 3.85 mons Tue 6/7/22 Wed 9/21/2217 Emergency Operations Plan 15.25 mons Mon 1/2/23 Fri 3/1/2418 Major Vegetation Clearance 60 days? Mon 9/19/22 Fri 12/9/2219 Phase 1 Major Vegetation Clearance 3 mons Mon 9/19/22 Fri 12/9/2220 (Active Goat Grazing)21 Biological Monitoring 3 mons Mon 9/19/22 Fri 12/9/2222 Review of City Prepared Plans 479 days? Tue 6/7/22 Fri 4/5/2423 Review of Evacuation Plan (as needed) 23.2 mons Tue 6/7/22 Fri 3/15/2424 Review and Coordination of Restoration and Sustainability Plan (as needed)
23.95 mons Tue 6/7/22 Fri 4/5/24
25 Year 2 Activities 262 days Thu 3/16/23 Fri 3/15/2426 Pre‐Construction Surveys 106 days Fri 9/15/23 Fri 2/9/2427 Phase 2 Aggressive Vegetation Clearance 105 days Mon 9/18/23 Fri 2/9/2428 Biological Monitoring 105 days Mon 9/18/23 Fri 2/9/2429 Community Meeting #2 (EST) 0 days Mon 8/14/23 Mon 8/14/2330 Year 3 Activities 260 days? Mon 3/18/24 Fri 3/14/2531 Phase 3 Vegetation Management 110 days Mon 9/16/24 Fri 2/14/2532 Biological Monitoring 110 days Mon 9/16/24 Fri 2/14/2533 Community Meeting #3 (EST) 0 days Mon 8/12/24 Mon 8/12/2434 Educational Mailers (EST) 0 days Mon 9/16/24 Mon 9/16/2435 Year 4 Activities 269 days Mon 3/17/25 Thu 3/26/26 6/7
8/8
9/5
8/14
8/12
9/16
Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 2023 2024 2025 2026
TaskSplitMilestoneSummary
Project SummaryInactive SummaryManual TaskDuration-only Manual Summary RollupManual SummaryStart-onlyFinish-only External TasksExternal MilestoneDeadlineProgress
Manual Progress
SCOPE #4 SCHEDULE
CAL FIRE- FIRE PREVENTION GRANT
Project: Scope4_CalFire_ScheduDate: Thu 5/12/22
EXHIBIT C
Schedule of Performance
ID Task Name Duration Start Finish
36 Phase 4 Vegetation Management 110 days Mon 9/15/25 Fri 2/13/26 37 Biological Monitoring 110 days Mon 9/15/25 Fri 2/13/2638 Project Management 1008 days Tue 6/7/22 Thu 4/16/2639 Project/Grant Management 1008 days Tue 6/7/22 Thu 4/16/2640 Coordination with Partners/Stakeholders 1008 days Tue 6/7/22 Thu 4/16/26 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 2023 2024 2025 2026
TaskSplitMilestoneSummary
Project SummaryInactive SummaryManual TaskDuration-only Manual Summary RollupManual SummaryStart-onlyFinish-only External TasksExternal MilestoneDeadlineProgress
Manual Progress
SCOPE #4 SCHEDULE
CAL FIRE- FIRE PREVENTION GRANT
Project: Scope4_CalFire_ScheduDate: Thu 5/12/22
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ID Task Name Duration Start Finish
1 Task 1 EOP Update ‐ Crosswalk Matrix & Exhibits Updat109 days Mon 1/2/23 Thu 6/1/23 2 Task 2 Admin Draft EOP Preparation 88 days Thu 6/1/23 Mon 10/2/233 Task 3 Final EOP Element 110 days Mon 10/2/23 Fri 3/1/24 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter Manual Task
SCOPE #3 SCHEDULE
EMERGENCY OPERATIONS PLAN UPDATE
Project: Scope3_EOP_ScheduleDate: Thu 5/12/22
EXHIBIT C
Schedule of Performance (Continued)
SUBMITTED BY
MICHAEL BAKER INTERNATIONAL
5 Hutton Centre Drive, Suite 500 ⋅ Santa Ana, CA 92707
APRIL 21, 2022
SUBMITTED TO
PROPOSAL TO PROVIDE
PROJECT MANAGEMENT AND
CONSULTING SERVICES FOR
SAFETY MITIGATION EFFORTS
ATTACHMENT D
MICHAEL BAKER INTERNATIONAL ▬ MBAKERINTL.COM
A. Cover Letter
Cover Letter ...................................................................................................................................................................................1 B. Company Data
Firm Overview ...............................................................................................................................................................................3 C. Organizational Chart
Organizational Chart .....................................................................................................................................................................4 D. Resumes and Qualifications of Personnel
Staffing Plan ..................................................................................................................................................................................5 Key Personnel Resumes................................................................................................................................................................6 E. References
References ..................................................................................................................................................................................24 Comparable Contracts/Projects..................................................................................................................................................28 F. Project Understanding, Overview and Approach
Understanding .............................................................................................................................................................................32 Approach......................................................................................................................................................................................33 Management of Projects..............................................................................................................................................................33 Project Controls...........................................................................................................................................................................34 Quality Assurance/Quality Control..............................................................................................................................................34 Expectations of the City...............................................................................................................................................................35 Additional Services......................................................................................................................................................................35 Scope of Services.........................................................................................................................................................................35 G. Schedule of Compensation/Fees
Bid Cost Spreadsheet................................................................................................................. Submitted Under Separate Cover H. Project Schedule(s)
Scope #1 General Plan - Safety Element ....................................................................................................................................42 Scope #2 Local Hazard Mitigation Plan.......................................................................................................................................43 Scope #3 Emergency Operations Plan Update............................................................................................................................44 Scope #4 CAL FIRE Prevention Grant ..........................................................................................................................................45 I. Proposal Forms
Non-Collusion Affidavit ...............................................................................................................................................................47 Certification of Proposal..............................................................................................................................................................48 Acknowledgment of Addenda......................................................................................................................................................49 Certificate of Insurance...............................................................................................................................................................51 Acknowledgment of Compliance with Insurance Requirements................................................................................................52 Acknowledgment of Receipt and Understanding of the RFP ......................................................................................................53 Appendix
Scope #1 General Plan - Safety Element
Scope #2 Local Hazard Mitigation Plan
Scope #3 Emergency Operations Plan Update
Scope #4 CAL FIRE Prevention Grant
TABLE OF CONTENTS
A. COVER LETTER
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 1 A. COVER LETTER
Colleen Callahan
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA, 92886
Submitted via email
RE: Proposal to Provide Project Management and Consulting Services for Safety Mitigation Efforts Dear Ms. Callahan,
The City of Yorba Linda (City) is looking for a partner to increase wildfire resiliency and safety within its jurisdiction.
A comprehensive plan is needed due to the City’s large border with Chino Hills State Park and the challenges that are associated with wildfire risk, land management, and vegetation maintenance. Michael Baker International, Inc. (Michael Baker) understands your need to update and integrate your General Plan - Safety Element, Local Hazard Mitigation Plan, Emergency Operations Plan, and CAL FIRE Prevention Grant deliverables into a streamlined work process. The City is home for many of our staff members and we have a strong desire and vested interest to make a difference and partner with you to establish consistency with all safety related documents.
Michael Baker has a history of preparing and delivering safety and hazard mitigation planning services while making sure grant requirements, such as scheduling and financial tracking, are met. Michael Baker’s breadth and depth of experience will provide the City with an integrated, effective, and user-friendly Safety Mitigation Plan.
Our history in supporting Orange County municipalities with both planning and hazard mitigation is strengthened by our experience in long-range, adaptation, and emergency response planning. Our local team consists of highly passionate professionals, who approach planning projects with straightforward goals: at the end of our projects, clients have the skills and abilities to pursue mitigation actions and implementation actions that make the City safer and more resilient. Michael Baker specifically designs policies, mitigation actions and implementation actions to integrate with current programs and activities at the City (instead of adding to them). Our approach to this project will provide the City with an updated Safety Element and Emergency Operations Plan (EOP), along with a brand new Local Hazard Mitigation Plan (LHMP) to serve the community into the future. These documents, coupled with an active and multi-year fire prevention/maintenance program will increase the City’s resiliency.
The City will gain these benefits when teaming with Michael Baker on this critical program—which are discussed in detail in the Project Approach section starting on page 33 of this proposal:
▬ A Local Firm with a National Resiliency Perspective: This project will be initiated by a local team, with a strong grasp of hazards and environmental issues that affect the City—both specific to Yorba Linda and the larger southern California region.
▬ A FEMA-Selected Community Engagement and Risk Communication Contractor (CERC): Michael Baker has a national contract with FEMA for which key project staff members are currently providing mitigation support to FEMA Region IX on a daily basis.
▬ Innovative and Streamlined Community Engagement and Outreach: In addition to our hazard and resiliency services, Michael Baker has a suite of community outreach options to meet the needs of the City. ▬ Federal and State Grant Funding Experts: Through the identification and development of mitigation actions that will make the City more resilient, Michael Baker’s team will rely on their experience with obtaining grant funding to identify potential funding mechanisms, including FEMA grant programs or other state/federal programs for the City.
PROJECT MANAGEMENT
AND CONSULTING SERVICES FOR
SAFETY MITIGATION EFFORTS
APRIL 21, 2022
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 2 A. COVER LETTER
MICHAEL BAKER AND OUR TEAM OFFER THE CITY THE FOLLOWING:
INTEGRATED IN-HOUSE MULTI-DISCIPLINARY TEAM
Our multidisciplinary team’s success is based on creative problem solving, proper use of technology, and relevant experience. Michael Baker’s team includes experienced hazard mitigation and emergency planners, biologists, restoration ecologists, environmental planners, geographic information system (GIS) specialists, transportation/ evacuation planners, and outreach/communication experts who will serve as an extension of City staff. Our team is completely made up of Michael Baker full-time staff—ensuring consistency and a continuity of resources. This benefits the City as all documents are consistent, build upon each other, and each document becomes a usable resource for City Staff and the community.
FAMILIARITY WITH THE CITY’S POLICIES, PROCEDURES, AND GOALS Through our past projects we have provided various services to the City, County of Orange, California State Parks, and other local municipal clients where we have come to know the community and its needs. This safety mitigation effort will be initiated through a strong grasp of hazards affecting the City. By achieving a thorough analysis on all safety mitigation, the City will become a safer more resilient community.
EXPERTISE IN SAFETY AND HAZARD MITIGATION PROGRAMS
Michael Baker has prepared Hazard Mitigation Plans (HMP) and fire planning services throughout California and nationwide through our on-call FEMA contract. We will work alongside the City to meet required timelines and implement the City’s goals in compliance with grants. We will make sure the City meets all requirements through all phases of grant management.
Michael Baker looks forward to supporting the City’s safety and mitigation efforts. Our assigned Program Manager, Mr.
Richard Beck, is authorized to submit proposals on behalf of Michael Baker. If you have questions regarding our submittal, please do not hesitate to contact Mr. Beck at 949.680.9355 or [email protected].
Sincerely,
MICHAEL BAKER INTERNATIONAL,INC.
Richard Beck David Reel
Vice President/Program Manager Vice President, West Regional Practice Lead - Planning [email protected] | 949.680.9355 [email protected] | 415.519.2203
B. COMPANY DATA
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 3 B. COMPANY DATA
INTRODUCTION
Michael Baker International is a leading provider of
consulting services including construction management
and inspection, environmental compliance (CEQA/NEPA),
planning, engineering, architectural, land surveying, and related services. Celebrating 80 years of service to local, state and federal clients, we have been solving some of the nation’s most complex challenges with a legacy of
expertise, experience, innovation and integrity. The firm has nearly 100 offices and over 3,500 employees nationwide,
5. Firm Locations
Michael Baker currently has 100 locations
nationwide including nine offices in Southern
California:
Carlsbad: 5050 Avenida Encinas, Ste. 260,
Carlsbad, CA 92008, 760.476.9193
Long Beach: 3760 Kilroy Airport Way, Ste. 270,
Long Beach, CA 90806, 562.200.7165
Los Angeles: 801 South Grand Ave, Ste. 250,
Los Angeles, CA 90017, 213.627.8645
Ontario: 3536 Concours Street, Ste. 100,
Ontario, CA 91764, 909.974.4900
Palm Desert: 75-410 Gerald Ford Drive, Ste.
100, Palm Desert, CA 92211, 760.346.7481
San Diego: 9755 Clairemont Mesa Blvd., Ste.
100, San Diego, CA 92124, 858.614.5000
Santa Ana: 5 Hutton Centre Drive, Ste. 500,
Santa Ana, CA 92707, 949.472.3505
Temecula: 40810 County Center Drive, Ste.
200, Temecula, CA 92591, 951.676.8042
Thousand Oaks: 2945 Townsgate Rd, Ste. 200,
Thousand Oaks, CA 91361, 805.383.3373
6. Ownership Status
Michael Baker International, Inc. is owned
100% by Michael Baker International HOLDCO
Corporation and is incorporated in the State of
Pennsylvania.
7. Number of Years in Business
Michael Baker has been in business for more
than 82 years.
8. Years of Relevant Experience
Michael Baker has been providing hazard
mitigation services to our clients for over 50
years.
9. Failures/Refusals to Complete a Contract
Michael Baker has never failed or refused to
complete a contract.
10. Ownership Interest
Michael Baker International, Inc. is owned
100% by Michael Baker International HOLDCO
Corporation.
11. Financial Interests in Other Lines
of Business
Michael Baker does not have any financial
interests in other lines of business.
12. Claims for Money or Damages
Michael Baker is a large firm working on a
variety of complex planning, engineering,
architecture and construction projects at
any given time. Through the normal course
of business, we can become involved in
litigation or claims—not untypical for the work
we perform. It is not anticipated that any such
litigation would have an effect on the firm’s
ability to perform the services contemplated
under this proposal. Our legal department may
make certain non-confidential information
regarding litigation or claims available upon
direct written request.
13. Litigation/Adverse Judgment History
Please see response to Question #12.
14. Termination of Contract “For Cause.”
There are no instances in the past five years of
terminated from a contract “For Cause.”
FIRM OVERVIEW
1. Official Name and Address
Michael Baker International, Inc.
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
2. Primary Point of Contact
Richard Beck, Program Manager
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
O: 949.855.3687 | [email protected]
3. Entity
Pennsylvania C Corporation
4. Federal Tax Id Number
25-1228638
with 12 offices and 570 employees located throughout
California. Our staff has worked in the geographic areas within the counties of Orange, Los Angeles, Riverside, San Diego, Napa, Lake, Butte, Shasta, Yuba, Nevada, Ventura, and Santa Barbara. We serve as a trusted adviser to the communities we serve, making them safer, more accessible, more sustainable and more prosperous.
C. ORGANIZATIONAL CHART
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 4 Richard Beck, PWS, CPESC, CERP* 1
PROGRAM MANAGER
Kristen Bogue
QUALITY ASSURANCE/QUALITY CONTROL
David Reel
PRINCIPAL-IN-CHARGE
* Key Staff 1 Resume Included
PLANNING PROJECTS
SAFETY ELEMENT, LOCAL HAZARD MITIGATION PLAN, EMERGENCY OPERATIONS PLAN Resiliency/Emergency Planning
Mike Yaffe, AICP, PP, GISP, ENV SP
Casey Marchese
Tamara Mittman
Kate Skaggs
Community Planning
Surabhi Barbhaya, AICP, LEED AP* 1
Shannon Liska
Public Outreach
Lisa Messano
Graphics/GIS
Faye Stroud
Jim McPherson, GISP, sUAS
CAL FIRE - FIRE PREVENTION GRANT
Biology
Ryan Winkleman, CSE* 1
Tom Millington
Art Popp
Tim Tidwell, PWS, sUAS
April Nakagawa
CEQA Compliance
Alan Ashimine* 1
Kristen Bogue
Jessica Ditto
Margo Nayyar
Majahid Chandoo, PE
Public Outreach
Surabhi Barbhaya, AICP, LEED AP* 1
Graphics/GIS
Faye Stroud
Jim McPherson, GISP, sUAS
Evacuation Planning
Dawn Wilson, PE, TE
Bob Davis
Contractor Management
Trina Ming, CERP IT* 1
SAFETY MITIGATION PROGRAM
PROJECT MANAGER
Noelle Steele* 1
PROJECT MANAGER
Anisha Malik, SITES AP, CERP* 1
An In-House Team with Multi Disciplinary Resources to Integrate the City’s Safety Mitigation Efforts The team we have assembled for the City is made up entirely of in-house professionals with the multi-disciplinary resources to integrate the required documents to provide a successful Safety Mitigation Plan.
Nick Veraart, AICP, ASLA, ENV SP 1
Elizabeth Bradford, ENV, SP 1
RESILIENCY TECHNICAL ADVISORS
C. ORGANIZATION CHART
KEY PERSONNEL CHANGES
We understand that key personnel are to remain during the term of the agreement and, if circumstances arise out of our control, a transition plan will be presented to the City. Key personnel will not be substituted without prior written approval to the City.
D. RESUMES AND
QUALIFICATIONS OF
PERSONNEL
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 5 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
1 | Richard Beck, CEP, PWS, CPESC, CERP
PROGRAM MANAGER, BA, Environmental Studies. As Program Manager Mr. Beck will use his more than 22 years of experience (21 years with Michael Baker) in regulatory and environmental disciplines—specifically associated with natural disasters associated with flood and fire—to oversee the project including the team and will lead this project through to a successful outcome.
2 | Noelle Steele
PROJECT MANAGER - PLANNING PROJECTS, MUP, Urban Planning and Development. Ms. Steele brings over eight years of experience in hazard mitigation and vulnerability analysis services to manage the implementation of the City’s planning projects and to integrate required documents in the City’s Safety Mitigation efforts. She has served as Poject Manager for several award-winning hazard projects throughout southern CA. 3 | Anisha Malik, SITES AP, CERP
PROJECT MANAGER - CAL FIRE - FIRE PREVENTION GR ANT, BS, Chemistry. Leveraging her nine years of experience, Ms. Malik leads Michael Baker's Restoration Ecology discipline. The majority of her work includes project management for OC Public Works and CALOES/CalRecycle with vegetation maintenance, monitoring, and restoration services. 4 | Surabhi Barbhaya, AICP, LEED AP
COMMUNITY PLANNING/PUBLIC OUTREACH, MCP, Land Use Planning. Ms. Barbhaya brings more than 18 years of experience in urban planning and design and uses this experience to influence meaningful public engagement which can lead to ownership of projects by the community. Acceptance by the community will assist the City in successfully implementing your safety mitigation program.
5 | Ryan Winkleman, CSE
BIOLOGY, BS, Ecology and Evolution. Mr. Winkleman has over 18 years experience providing biological services in both laboratory and field settings. He is the co-author of the Audubon's Orange County Annual Bird Summary. Mr. Winkleman's knowledge of environmental regulations and compliance challenges will assist the City by ensuring smooth integration of all planning documents.
6 | Alan Ashimine
CEQA COMPLIANCE, BA, Environmental Analysis and Design. Mr. Ashimine has spent his entire 22 year career with Michael Baker preparing environmental and planning studies for public and private sector clients under CEQA/NEPA. This experience will benefit the City’s efforts to successfully implement your safety mitigation efforts. 7 | Trina Ming, CERP IT
CONTR ACTOR MANAGEMENT, MS, Environmental Science. Ms. Ming regularly oversees contractors for compliance both in the field and during construction. In the evenings, she is a Restoration Ecology Adjunct Professor at Cal State Fullerton.
Ms. Ming will actively work with the City’s contractors to ensure a successful implementation of the City’s safety mitigation efforts.
1 2 3 4 5 6
PERSONNEL STAFFING PL AN
Our team, as shown in the organizational chart in Section C, includes professionals from our firm with extensive experience working on safety mitigation projects for clients throughout California. In addition, Michael Baker has 425 Planners and more than 3,500 professionals firmwide to be drawn upon as needed for this project. The proposed team includes a strong bench of Michael Baker’s in-house, multi-disciplinary experts from our planning, environmental, GIS, and community outreach practices. Key leaders and staff are identified in the bios below and full resumes have been provided on the following pages. 7 3,500+ ADDITIONAL PERSONNEL AVAIL ABLE
425
Planners
10 Public Outreach
Professionals
233
Graphic Designers /
GIS Professionals
34 Biologists
80 CEQA
Professionals
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 6 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Mr. Beck has extensive experience in the regulatory and environmental disciplines, specifically associated with natural disasters associated with flood and fire. He successfully leads federal, state, local, and privatesector clients through natural-resource regulations such as the Clean Water Act, California Porter-Cologne Act, California Fish and Game Code, Endangered Species Act, and the California Coastal Act. Many of these regulations are applicable to emergency prevention as well as post-emergency activities. Mr. Beck focuses on resiliency projects along the California coastline where sea level rise and adaption planning is required as well as projects statewide that require significant planning and maintenance to reduce fuel loading associated with wildlife. Mr. Beck recently managed a $3.8 million dollar emergency response project with CalRecycle, a project associated with significant Northern California fires in 2020.
Total Years Experience
22 Education
BA, 2000, Environmental Studies,
University of California, Santa Cruz
Certificate, 2010, Ecological
Restoration, Saddleback College
Registrations
Certified Ecological Restoration
Practitioner
Certified Environmental
Professional, 2010, 10050455
EPA Watershed Management
Academy, 2008
Certified Professional in Erosion and
Sediment Control, California, 2010,
5611
Wetland Delineator Certification
Program, 2002
Professional Wetland Scientist,
2011, 2160
CRAM for Riverine WetlandsCertified Practitioner, 2008 Professional Memberships
Association of Environmental
Professionals
Building Industry Association
Home Builders Council
Society for Ecological Restoration
Society of Wetland Scientists
POSITION
Years with Michael Baker: 21
Project Manager: 10 Years
Vice President/Project Manager: 11 Years
SUMMARY OF EXPERIENCE
2020 Fires Debris and Tree Removal Assessment and Management Services, Statewide, California. State of California Department of Resources Recycling and Recovery. STATE OF CALIFORNIA “CAL RECYCLE” PROGRAM MANAGER/PROJECT MANAGER. (Ongoing) Michael Baker is providing environmental and emergency permitting services to assist with CalRecycle’s coordinated structural debris and hazard tree removal projects in areas damaged by the wildfires that devastated Lake, Mendocino, Napa, Solano, and Sonoma Counties in 2020. For the program, Michael Baker is providing biological and archaeological assessments, biological and archaeological monitoring, agency and tribal coordination, emergency permitting services, guidance and implementation of water-quality BMPs, and GIS support. The project site includes hundreds of public and private sector parcels and a mix of vegetation. Further, detailed records were required to meet invoicing and milestone requirements for emergency funding.
Orange County Flood Control On-Call Contract, Orange County, California. Orange County Public Works and Parks. PROJECT/PROGRAM MANAGER. (Ongoing) Responsible for environmental, regulatory and restoration services, including services for emergency task orders. Michael Baker provided flood control planning and engineering services to support flood control. The projects included: Orange County Flood Control Master Plan; San Diego Creek Master Plan Update; Local Drainage Manual Update; Santiago Creek Scour Analysis Plan Check; San Diego Creek Restoration Plans and Operations and Maintenance Manual; Foothill Basins Restoration Plans and Operations and Maintenance Manual; Santa Ana River Reach 9 SARI Line Protection; San Juan Creek Phases 4, 5, and 6 and Trabuco Creek Phase 8; and Edinger Channel - 3D Structural Analysis for Reinforced Concrete Box. The projects included flood control, water quality, and wildlife corridor or habitat conservation and protection. Michael Baker also provided services to obtain resource agency permits.
Stormwater Management Plan for California State Parks, Statewide, California. California Department of Parks and Recreation. ENVIRONMENTAL MANAGER. (Ongoing) Responsible for environmental tasks. Michael Baker developed a Stormwater Management Plan (SWMP) for the Off-Highway Motor Vehicle Recreation Division of California State Parks. Two of the Divisions Parks – Pismo/Oceano and Carnegie, were named as non-traditional MS4s in the most recent Phase II NPDES Permit released by the State Board. Michael Baker and the Division determined that a SWMP should be developed described the requirements and BMPs for the two named parks, but that could also be applied at the other non-enrolled parks to demonstrate good stewardship of public lands.
Orangewood Avenue Improvements Project, Orange, California. City of Anaheim. SENIOR ENVIRONMENTAL PLANNER. (Ongoing) Michael Baker is assisting the City of Anaheim with civil, structural, and environmental engineering services to improve Orangewood Avenue in the cities of Anaheim and Orange as part of the Revised Platinum Triangle Expansion Project. Mr. Beck is serving as Senior Environmental Planner, focusing on stream impacts, vegetation removal (where present), and overall access issues. This includes significant coordination with state and federal resource agencies as well as the City of Anaheim.
PROGRAM MANAGER
Richard Beck, PWS, CPESC®, CERP
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 7 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Richard Beck, PWS, CPESC®, CERP
PROGRAM MANAGER
P R E V I O U S A N D
CURRENT CLIENTS
Following is an example of the clients that
Mr. Beck has worked with while at Michael
Baker. A complete listing of all clients can be
provided upon request.
Caltrans (HQ and Multiple Districts)
Chino Basin Desalter Authority
California American Water
CalRecycle (CalOES)
City of Albuquerque
City of Anaheim
City of Bakersfield
City of Calabasas
City of Carlsbad
City of Costa Mesa
City of La Quinta
City of Laguna Beach
City of Long Beach
City of Newport Beach
City of Oceanside
City of Orange
City of Riverside
City of San Diego Economic Development
City of San Diego, Transportation and Storm
Water Department
City of Seal Beach
City of Stockton
County of Kern
County of Orange
County of Riverside
County of Santa Cruz
El Toro Water District
Elsinore Valley Municipal Water District
Orange County Public Works
Santa Clara Valley Water District
Santa Clarita Valley Water District
Town of Apple Valley
Trabuco Canyon Water District
RELEVANT EXPERIENCE CONTINUED
General Plan and Local Coastal Program Update, Carlsbad, California. City of Carlsbad. PROJECT MANAGER. (2021) Served as project manager to assess vulnerable infrastructure and property in the City from sea level rise. Michael Baker provided engineering and planning services to prepare the first comprehensive revision of the City of Carlsbad Zoning Ordinance since it ‘s adoption in the 1950s. The project integrated the 2015 General Plan Update and the revised Local Coastal Program and involved a full reorganization of the code consistent with best practices, including the consolidation and streamlining of much of the redundant provisions, new and amended definitions including graphics, and substantial reformatting to make the code user-friendly and easy to navigate. Michael Baker also produced a coastline vulnerability study for the city that identifies coastal areas most susceptible to sea-level rise and provides adaptation strategies for mitigation.
Peters Canyon Regional Park, Orange County, California (2019). Orange County Parks. PROJECT MANAGER. (2019) Michael Baker provided environmental services and prepared the Resource Management Plan (RMP) for the entire Peter’s Canyon Regional Park (Park) in addition to landscape plans and public outreach material for the Park’s General Development Plan (GDP).
The RMP consisted of Park-wide field visits, along with the mapping of sensitive resources, invasive species, potential mitigation areas, and special-status species locations. The RMP had numerous chapters, including but not limited to: Trail Maintenance, Fire Prevention, Vegetation Management; Restoration Opportunities, and Best Management Practices for Maintenance. Public outreach included a series of “open house” style meetings, where Michael Baker provided several kiosk and educational tables—each table presented a different Park topic; therefore, community members were able to quickly find their area of interest. Both the RMP and GDP were approved and are utilized today. Michael Baker also subsequently supported OC Parks with restoration work after the 2018 fires, which damaged most of the northern reservoir and park areas. Again, Michael Baker provided educational opportunities and installed native plantings as part of the post-fire response.
Deer Canyon Estates/Chino Hills State Park. Stonegate Development. PROJECT MANAGER. (2019) Michael Baker provided environmental and restoration planning services associated with the Deer Canyon Estates Project in Anaheim Hills, California. The approximately 32.3- acre project site consists primarily of open space and is predominantly undeveloped except for an improved access road located on the western portion of the project site. As part of Michael Baker’s analysis, vegetation in potential State Park areas was identified along with the potential usage by wildlife species. Due to the potential of the California gnatcatcher, Michael Baker performed protocol and nesting bird surveys to confirm presence and nesting locations of the bird species.
Santa Ana River Trail- Multiple Segments. Counties of Riverside/Orange. SENIOR ENVIRONMENTAL SPECIALIST. (2019) Michael Baker provided planning, design, and permitting for approximately nine miles of regional bikeway and hiking/riding trails along the Santa Ana River (SAR).
Michael Baker developed final recommendations for the trail alignments and amenities and provided civil engineering, surveying, landscape architecture, and support services for the development of final construction documents and processing of agency permits. The project includes extensive coordination with the USACE, Orange County Flood Control District, Orange County Water District, and the Cities of Corona, Norco, and Eastvale.
Agua Chinon Retarding Basin Post-Fire and Long-Term Maintenance - Regulatory Services, Orange County, California. Orange County. PROJECT MANAGER. (2012) Michael Baker prepared permit applications for post-fire maintenance for the Agua Chinon Retarding Basin and surrounding canyons that had been burned by the Santiago Canyon Fire. Due to the potential for significant soil erosion after a wild fire, the sediment needed to be removed from the basin prior winter storm events. Michael Baker prepared and processed resource agency applications for all the postfire maintenance activities. This included a multi-year monitoring program. Due to the occupation of by endangered species, Michael Baker prepared a management plan that included avoided areas and work zones.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 8 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Mr. Veraart is Senior Vice President with Michael Baker International and National Practice Lead for Planning.
He has over 30 years of experience in leading NEPA review and other regulatory compliance services (including Section 106 and Section 404(b) for multiple federal agencies including HUD, GSA, USPS, USACE, FEMA, DHS and for some of the most complex and sensitive projects. He has led integrated planning and resilience services, including for the HUD CDBG-DR funded post-9/11 redevelopment of Lower Manhattan and resilience planning related to Superstorm Sandy and other disasters. He also led sustainability projects under a HUD Sustainable Communities Grant such as the award-winning Hoboken Green Infrastructure Strategic Plan, which was completed as a Local Demonstration project for the Together North Jersey Program; for which he also served as a member of the Program Management Team.
Throughout his career Mr. Veraart has led extensive engagement and stakeholder meetings and workshops.
Total Years Experience
33 Education
MSCE (Diplom-Ingenieur),
1988, Engineering, Planning
and Landscape Architecture,
Wageningen University
BS, 1986, Engineering, Planning
and Landscape Architecture,
Wageningen University
Registrations
American Institute of Certified
Planners, 1993, 010410
Envision Sustainability Professional,
2016
Professional Memberships
American Institute of Certified
Planners
American Society of Civil Engineers
American Society of Landscape
Architects
POSITION
Years with Michael Baker: 3 Years
Senior Vice President, National Practice Lead - Planning: 3 Years
SUMMARY OF EXPERIENCE
Rockaway Crossings Master Plan and Resilience. Triborough Bridge Authority/MTA Bridges and Tunnels. ENVIRONMENTAL TASK LEADER. Led the environmental evaluation and with regards to transportation alternatives and evacuation analyses for the bridge refurbishment or replacement alternatives with regards to the effects of climate change.
World Trade Center Memorial and Redevelopment Plan Generic Environmental Impact Statement (GEIS), New York, New York. Lower Manhattan Development Corporation (LMDC). PROJECT DIRECTOR. Directed services to prepare the Generic Environmental Impact Statement (GEIS) for the World Trade Center Memorial and Redevelopment Plan under NEPA and SEQRA and in accordance with CEQR Technical Manual guidelines. in conjunction with US. Department of Housing and Urban Development (HUD) funding. The GEIS process for this high-profile, complex project was completed within a record time of 12 months from the start of environmental review. Specifically directed issues of cumulative construction and operational impacts and noise impacts.
Database and GIS, New York, New York. Lower Manhattan Development Corporation (LMDC). PROJECT DIRECTOR. In an effort to remember and rebuild the World Trade Center area, LMDC has undertaken numerous memorial and revitalization planning efforts with respect to memorial, business and community facilities. To assist its efforts, LMDC selected team to create a comprehensive user-friendly database to store information on the schedules, budgets, building characteristics and overall plans for priority projects in the area. Directed the development of the database and GIS, which included evaluation and coordination of programs, crucial information on the area, including census data, land use, property values, tax records, historic designations, current and proposed community facilities, planned and potential land use, and traffic volumes. The database was used as part of LMDC’s reporting requirements to the US Department of Housing and Urban Development (HUD) and further serves to identify opportunities for new projects in Lower Manhattan.
World Trade Center Innovative Design Study, New York, New York. Lower Manhattan Development Corporation (LMDC). PROJECT DIRECTOR. A key component of the revitalization of Lower Manhattan is the rebuilding at the site of the World Trade Center. Under the direction and in collaboration with another firm, assisted LMDC with the evaluation of the environmental and transportation aspects of the finalist designs for the World Trade Center Innovative Design Study. Once the winning design was selected. 130 Liberty Street Office Tower - Building Characterization Study, New York, New York. Lower Manhattan Development Corporation (LMDC). PROJECT DIRECTOR. Directed the services provided to LMDC in connection with its plans to clean up and dismantle the former Deutsche Bank office tower at 130 Liberty Street in Lower Manhattan, severely damaged during the September 11 attacks on the World Trade Center. The vacated site itself will be used for the proposed fifth WTC tower. As part of this plan, led a building characterization study to identify any hazardous material to be removed prior to building deconstruction. Due to the proximity of neighboring office and residential buildings, the deconstruction of the damaged office tower is planned with sensitivity to both the environment and the surrounding community. Overseeing support services to LMDC for community outreach
RESILIENCY TECHNICAL ADVISOR
Nick Veraart, AICP, ENV SP
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 9 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Nick Veraart, AICP, ENV SP
RESILIENCY TECHNICAL ADVISOR
P R E V I O U S A N D
CURRENT CLIENTS
Following is an example of the clients that
Mr. Veraart has worked with throughout his
career. A complete listing of all clients can be
provided upon request.
20th Century Fox
American Marine Rail, LLP
City of Calgary
City of Elizabeth
City of New York City
City of St Quentin-en-Yvelines
Egyptian Ministry of Housing and
Urban Development
LINPRO Development, LLC
Lower Manhattan Development
Corporation
Metropolitan Transportation Agency
Mobil Corporation
New York City Department of
Environmental Protection
New York City Housing Authority
New York City Mayor’s Office
New York City Parks and Recreation
New York City Sanitation Department
New York City Transit Authority
New York State Public Service Commission
New York State Department of
Transportation
Olympia and York, LLC
Port Authority of New York and New Jersey
Town of Islip
Triborough Bridge Authority
U.S. Army Corps of Engineers
U.S. Department of Agriculture
U.S. General Services Administration
U.S. Postal Service
Village of Mamaroneck
RELEVANT EXPERIENCE CONTINUED
regarding sensitive issues, such as air quality and noise, associated with the deconstruction of the office tower.
Lower Manhattan Redevelopment Cumulative Construction Analysis, New York, New York. Lower Manhattan Development Corporation (LMDC). PROJECT DIRECTOR.
Under directed the cumulative environmental impact analysis and associated early construction plan for the rebuilding of Lower Manhattan, representing a combined construction value of several billions of dollars. This plan, which included truck routes, construction schedules and construction equipment usage and location of all the main Lower Manhattan Recovery Projects, greatly facilitated the coordination of the individual environmental reviews of the Lower Manhattan Recovery projects, including the South Ferry Subway Terminal, the Fulton Street Transit Center, the World Trade Center Memorial and Redevelopment Plan, the Permanent WTC PATH terminal and the reconstruction of Route 9A. In addition to the construction plan, also directed assistance to agencies involved with the redevelopment of Lower Manhattan with the formulation of Environmental Performance Commitments to minimize or impacts during the massive construction anticipated in Lower Manhattan on traffic, pedestrian access, air quality, noise, historic and cultural resources and business activities.
Of special interest are measures to reduce air pollution from construction equipment, by requiring the use of Ultra Low Sulfur Diesel and pollution reducing technologies for construction equipment.
Lower Manhattan Streetscape Plan, New York, New York. Lower Manhattan Development Corporation (LMDC).. PROJECT DIRECTOR. Following the recovery efforts and roundthe-clock clean-up at the World Trade Center site since September 11, 2001, there has been a need to enhance the streetscape neighboring the World Trade Center Site. Directed the preparation of the environmental documentation as required by HUD for the $20 million Lower Manhattan Streetscape Plan developed by the Alliance for Downtown New York and funded in part by the Lower Manhattan Development Corporation and HUD. The Plan includes measures to improve safety, add signage, and increase navigability along Broadway, also known as the “Canyon of Heroes” and the location of numerous ticker tape parades. The enhancement of the safety and user friendliness of Broadway will make Lower Manhattan a more attractive and welcoming place for businesses and visitors alike and will assist the revitalization efforts of the area.
South Ferry Subway Terminal Reconstruction EA (NEPA), New York, New York. New York City Transit Authority (NYCT). REGULATORY ADVISOR. Advised NYCT on the environmental assessment for the proposed restoration and expansion of the South Ferry subway station in Lower Manhattan. Key regulatory issues include Section 4(f) compliance, parklands, archaeological and historic resource impacts, construction impacts and Coastal Zone Management.
Foley Square Park Redesign Environmental Assessment (EA-NEPA, CEQR) and ULURP Application, New York, New York. New York City Parks. PRINCIPAL PLANNER.
Managed the preparation of the NEPA and CEQR Environmental Assessment (EA) and ULURP application for the reconstruction of Foley Square Park in downtown Manhattan for the New York City Department of Parks and Recreation and the Federal highway Administration as co-lead agencies.
Specific issues associated with this project included potential air quality and traffic impacts as a result of new street layouts, and impacts to cultural resources, including nearby landmark buildings and the African Burial Ground Historic District.
Ansonia Post Office Environmental Assessment (EA - NEPA), New York, New York. LINPRO, LLC. PRINCIPAL PLANNER. Conducted an EA of the full complement of potential physical, cultural, and postal service environmental impacts from the relocation of a U.S. Postal facility in the Lincoln Center area of Manhattan. Particular attention was given to the impacts upon a historic district and city fiscal and postal operations.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 10 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
As Vice President, National Resilience Lead for Michael Baker International, Ms. Bradford supports Michael Baker’s integrated sustainability and resilience services across all sectors, markets, disciplines, geographies and project life cycles – both as part of the company’s infrastructure, environmental, community and Federal projects, as well as stand-alone or complementary services. She brings experience across a broad range of sectors and services, to inform the development of the implementation frameworks and tools that translate sustainability and resilience strategy into individual ownership and action throughout an organization. She has been recognized with the 2017 Environmental Business Journal’s Industry Leadership Award for her work developing the Resiliency and Sustainability Framework, and the 2019 City & State New York Responsible 100 Infrastructure Award.
Total Years Experience
28 Education
MS, 2007, Earth Science, Dartmouth
College
BS, 2004, Geology, University of
South Alabama
Registrations
Envision Sustainability Professional,
2014
Envision Sustainability Professional
Trainer, 2015
Professional Memberships
Institute for Sustainable
Infrastructure
Society of American Military
Engineers
POSITION
Years with Michael Baker: 1Year
Vice President, National Resilience Lead: 1 Year
SUMMARY OF EXPERIENCE
PANYNJ Resilience Review, New York and New Jersey. Port Authority of New York and New Jersey.
TECHNICAL ADVISOR. As Senior Technical Advisor, helped guide the team in defining scope, and developing project deliverables including executive presentations, stakeholder engagement, and reports. Michael Baker performed an independent assessment of the Port Authority of New York and New Jersey's (PANYNJ) current state of climate resilience by evaluating the PANYNJ's approach, including projects, programs, policies, guidelines, and governance.
Michael Baker developed a framework including a resilience road map with both short-term mitigation actions and long-term strategic planning, incorporating industry best practices. As part of this effort, it developed an overview of industry practice, including the programmatic approach to resilience taken by peer agencies nationally and internationally using existing literature and other secondary data.
Severe Weather/Climate Risk Assessments for Air Force Reserve Command, Atlanta, Georgia. Air Force Reserve Command. SENIOR TECHNICAL CONSULTANT & TASK MANAGER. Ms. Bradford's team developed hazard specific severity and probability screening metrics for 30 possible severe weather and climate hazards; coordinated with base planners, facility and subject matter experts to identify and review available data for each of the 5 installations, to identify relevant hazards and assign risk levels; and developed a risk mitigation plan that addressed next steps for Dobbins ARB to reduce and mitigate risks. The project involved completing Phases 1 and 2 of the Severe Weather/Climate Hazard Screening and Risk Assessment Playbook (AFRC 2020) for five AFRC Air Reserve Bases (ARB): Dobbins ARB, GA; Grissom ARB, IN; Homestead ARB, FL; March ARB, CA; and Westover ARB, MA. In addition, Dobbins ARB in Cobb County, Georgia was selected as a pilot for implementing Phase 3 of this process—developing a Risk Mitigation Plan.
Zone 4 Infrastructure and Entry Control Facilities 30% Design for Tyndall Air Force Base, Panama City Beach, Florida. United States Army Corps of Engineers. COST ESTIMATING TASK MANAGER.
Ms. Bradford lead a multidisciplinary team of cost estimators, architects, engineers, and planners to develop a cost estimate that integrates sustainability, resiliency and smart technology to support the Air Force's Base of the Future vision. The task required coordination on design requirements across the various design teams, including: landscape architecture, environmental, drinking water, fire water, communications, wastewater, electrical, transportation, support buildings and entrance control facilities. On October 10, 2018, Tyndall AFB sustained a direct hit from Hurricane Michael, the strongest sustained-wind hurricane to hit the continental United States in over 25 years.
Every facility on the installation sustained some damage with approximately 50% of the facilities damaged beyond economical repair. The Tyndall AFB construction/reconstruction program will restore that lost capacity and capability to the installation. The project involved 30% design of all infrastructure required to support the construction of 45 projects ($3.3-billion) that comprise the Tyndall AFB construction/reconstruction program.
Validation and DD1391 Package Development for Tyndall Air Force Base, Panama City Beach, Florida. Tyndall Air Force Base via KBRWylie (Prime). SUSTAINABILITY, RESILIENCE AND SMART TECHNOLOGY LEAD, 1391 UPDATE TASK MANAGER, AND ONSITE LEAD. As Sustainability, resilience and Smart Technology Planning Lead, Ms. Bradford coordinated with the site development and utilities design teams to assess the current site conditions and ongoing projects, and hosting charrettes to support identification and
RESILIENCY TECHNICAL ADVISOR
Elizabeth Bradford, ENV SP
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 11 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Elizabeth Bradford, ENV SP
RESILIENCY TECHNICAL ADVISOR
P R E V I O U S A N D
CURRENT CLIENTS
Following is an example of the clients that
Ms. Bradford has worked with throughout her
career. A complete listing of all clients can be
provided upon request.
Air Force Reserve Command
City of Longmont
City of Los Angeles, Bureau of Engineering,
Environmental Engineering Division
City of Miami
City of San Mateo
Honeywell International, Inc.
Kansas City Water Services
KBR Wylie
Lower Passaic River Cooperating Parties
Group
Miami Dade Water and Sewer Department
New York City Department of
Environmental Protection
Port Authority of New York and New Jersey
San Francisco Public Utilities Commission
The Dow Chemical Company
The Nature Conservancy
U.S. Army Corps of Engineers
U.S. Environmental Protection Agency
U.S. Navy
U.S. Trade and Development Agency
Vermont Air National Guard
World Business Council of
Sustainable Development
RELEVANT EXPERIENCE CONTINUED
evaluation of design alternatives that integrate sustainability, resiliency and smart technology to support the Air Force's Base of the Future vision. This task included fully engaging and collaboration with the facility subject matter experts, utility maintenance contractors, and master planning and environmental contractors, as well as close coordination with the programmers for the various buildings and support facilities (housing, recreational facilities, maintenance facilities, administrative offices, laboratories, etc.). As 1391 Update Task Manager, Ms. Bradford lead a team of over 30 cost estimators, environmental and urban planners, engineers and architects, coordinating with the various design consultancies to track updates to 45 individual 1391s necessitated by updates to AF guidance and design requirement changes that arose as the projects moved from 5% design to 30% or greater design. The team participated in design charettes and design integration meetings, tracking and reporting ongoing updates to construction quantities, cost estimates, and evolving environmental impacts.
Blue River Wastewater Treatment Plant Biosolids Facility Project, Kansas City, Missouri. Kansas City Water Services via Carollo (Prime). SENIOR TECHNICAL CONSULTANT. As Senior Technical Consultant for Resilient and Sustainable Infrastructure Planning, Ms. Bradford lead Envision assessment, hosted multidisciplinary workshops, and developed technical memorandums to summarize findings, decision points, and next steps toward achieving a more sustainable and resilient project in planning, design, construction and operations. Kansas City, Missouri has adopted an overall policy that supports a greater use of green solutions or enhanced sustainability measures and considers environmental quality, social equity, and economic vitality. To minimize waste, enhance efficiencies, and achieve multiple benefits and project synergies, all city projects must identify opportunities for sustainability improvements and implement those improvements when financially reasonable and operationally practical. The Envision Sustainable Infrastructure Framework (Envision) is used by the City Water Services Department to promote sustainability and to encourage sustainable approaches as an important part of project design.
Energy Resources and Airport Sustainability Master Plan for Confidential International Airport, Confidential Location. United States Trade and Development Agency. SUSTAINABILITY LEAD. As Sustainability Lead, Ms. Bradford evaluated existing activities to baseline the existing level of sustainability, assist airport personnel in defining their sustainability vision, evaluate focus areas for improved sustainability and resiliency, develop implementation plans, and performance monitoring tools and metrics. The project involved supporting the USTDA in the development of an Energy Resources and Airport Sustainability Master Plan for a confidential international airport. The goal of the project was to support energy efficiency, power generation, and other sustainability improvements to support sustainable growth for a rapidly expanding regional hub.
South District Wastewater Treatment Plant Stormwater Master Plan, Miami, Florida. Miami-Dade Water and Sewer Department. SENIOR TECHNICAL CONSULTANT. Ms.
Bradford led the Sustainability Review for the alternatives analysis of stormwater management infrastructure, comparing the four alternatives using the Envision Rating System to identify of the most sustainable and resilient alternative. The project involved supporting MDWASD in the development of ongoing Capital Improvement Program (CIP), Consent Decree, and Ocean Outfall Legislation (OOL) Program projects by updating WASD's stormwater master plan and the Florida Department of Environmental Protection (FDEP) Environmental Resource Permit (ERP) for MDWASD's South District Wastewater Treatment Plant (SDWWTP). This includes developing a stormwater master plan for the SDWWTP to support a long-term stormwater management strategy; developing a longterm, phased stormwater management strategy to support the projects identified in the SDWWTP CIP, OOL Program and Consent Decree Program projects; updating the existing Stormwater Pollution Prevention Plan (SWPPP) to incorporate the SDWWTP CIP, OOL, and Consent Decree projects; and modifying the existing ERP to incorporate the SDWWTP CIP, OOL, and Consent Decree projects.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 12 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Ms. Steele provides hazard mitigation and vulnerability analysis services for clients across the Southern California region. Her experience includes both local and multi-jurisdictional hazard mitigation plans in compliance with CalOES and FEMA guidelines. Her skill set includes identifying community hazards, evaluating past mitigation measures to develop future mitigation policy, plan implementation and maintenance. She is experienced in developing hazard-focused and resiliency based community engagement programs and is IAP2 Foundations trained.
Total Years Experience
8 Education
MUP, 2020, Urban Planning
and Development,
University of Southern
California
BA, 2014, Environmental
Studies/Environmental
Planning, University of
California, Santa Barbara
Professional
Memberships
American Planning
Association
Commercial Real Estate
Development Association
Urban Land Institute
PROJECT MANAGER PLANNING PROJECTS
Noelle Steele
POSITION
Years with Michael Baker: 8 Years
Project Manager: 3 Years
Hazard Mitigation Planner: 5 Years
SUMMARY OF EXPERIENCE
Eastfoot Basin Emergency Action Plan, Irvine, California. City of Irvine Public Works. EMERGENCY RESPONSE PLANNER AND PROJECT MANAGER. (2022) Responsible as the lead technical writer for one Emergency Action Plan.
Prepared EAP in accordance with CalOES guidelines, and responsible for incorporating input from impacted jurisdictions to ensure efficiency and accuracy. Michael Baker is preparing to submit the EAP to CalOES for review and approval.
Local Hazard Mitigation Plan, Lake Elsinore, California. Elsinore Valley Municipal Water District. PROJECT MANAGER. (2021) Responsible for managing plan development, Steering Committee facilitation and community outreach. This plan is the first LHMP that EVMWD has prepared, with the goals to: reduce the potential for damage, create a decision making tool for management, promote compliance with state and federal program requirements, and promote communication opportunities.
Michael Baker has profiled natural and human-caused hazards, mapped critical infrastructure and conducted a vulnerability/ risk assessment. Michael Baker also conducted a capabilities assessment to identify existing plans and programs that support the work efforts of the LHMP.
Local Hazard Mitigation Plan, Irvine, California. Irvine Ranch Water District. PROJECT MANAGER. (2021) Responsible for managing plan development, Steering Committee facilitation and community outreach. Local Hazard Mitigation Plan for Irvine Ranch Water District (IRWD) in central Orange County. IRWD is a major water and wastewater purveyor in Orange County, serves 181 square miles and a daytime population of approximately 600,000. IRWD also provides recycled water for industrial and agricultural uses, along with stormwater runoff treatment in the San Diego Creek. The goals of the LHMP are outlined as follows: reduce the potential for damage to IRWD critical assets and infrastructure; create a decision-making tool for management; and, promote compliance with state and federal program requirements. Michael Baker conducted an internal capabilities assessment, to outline existing plans and programs that support the LHMP. Mitigation actions were identified and included in the LHMP, and the plan currently in review by Cal OES and FEMA. Community outreach efforts included a community survey, that received over 1,750 responses.
General Plan Update, Rolling Hills Estates, California. City of Rolling Hills Estates. PLANNER. (2020) Responsible for policy updates and presentation preparation for community outreach. Michael Baker is updating the General Plan for the city of Rolling Hills Estates, ensuring that it reflects the city’s vision of tomorrow, includes a focus on enhancing sustainability, and can comply with changes in state law. The General Plan will be organized around “placemaking” and sustainability, without sacrificing the guiding principles needed to preserve the unique character and identity of the Rolling Hills Estates community.
Dam Inundation Studies and Emergency Action Plans, Orange County, California. Orange County Public Works.
EMERGENCY RESPONSE PLANNER. (2019) Responsible as the lead technical writer and hazard mitigation planner for six dams and retarding basins owned or operated by the County of Orange. Prepared the EAP using CalOES guidelines, and responsible for incorporating input from impacted jurisdictions to ensure efficiency and accuracy. Michael Baker is providing professional support for the preparation of inundation maps and Emergency Action Plan (EAP) for six dams within San Diego Creek watershed in Orange County, California. Tasks include collecting available data related to the dam construction, geotechnical information, tributary drainage system, facility hydrology, and field review and operations; evaluating likely
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 13 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Noelle Steele
PROJECT MANAGER
P R E V I O U S A N D
CURRENT CLIENTS
Following is an example of the clients that
Ms. Steele has worked with while at Michael
Baker. A complete listing of all clients can be
provided upon request.
Caltrans
City of Avalon
City of Carlsbad
City of Corona
City of Culver City
City of El Monte
City of El Segundo
City of Huntington Beach
City of Laguna Beach
City of Laguna Woods
City of Oceanside
City of Palmdale
City of Rancho Santa Margarita
City of Riverside
City of San Bernardino
City of San Clemente
City of San Diego Transportation and
Stormwater Department
City of Seal Beach
City of Victorville
City of Walnut Creek
City of Whittier
County of Orange
County of Riverside
County of San Bernardino
Elsinore Valley Municipal Water District
Golden State Water Company
Irvine Ranch Water District
Los Angeles County Department of
Public Works
San Diego County Water Authority
Southern California Association
of Governments
dam breach parameters, potential failure modes, and sequential failures and recommending a final approach; and developing flood routing methodology for inundation mapping. Additionally, Michael Baker is preparing technical studies and inundation maps and the EAP document and providing services to process the EAP.
Hazard Mitigation Plan, Rancho Santa Margarita, California. City of Rancho Santa Margarita.
PLANNER. (2018) Responsible for identification and profiling the City’s natural hazards, conducting a vulnerability assessment, developing mitigation strategies, plan implementation and maintenance.
Facilitated the community survey with 600+ responses and three focus groups with the city designated stakeholder groups. Facilitated and coordinated four steering committee meetings, consisting of a diverse group of impacted local agencies and jurisdictions. The LHMP was commended by Cal OES and FEMA as an exemplary mitigation plan, and received statewide awards from the American Planning Association and American Council of Engineering Companies.
Contract Planning – Local Hazard Mitigation Plan Contribution, Laguna Woods, California. City of Laguna Woods. PLANNER. (2018) Responsible for preparing the Local Hazard Mitigation Plan for the City of Laguna Woods; completed hazard profiles for all applicable hazards to the City including wildfire, earthquake, flood, and extreme weather. Michael Baker is serving as the technical support staff for the City’s Planning Department on an as-needed basis under an annual services contract.
Michael Baker staff has assisted with the processing of numerous projects, including the Village Activity Center Specific Plan, a series of General Plan Amendments and zone changes proposed by the Golden Rain Foundation, a medical office facility proposed by Memorial Care Medical Foundation, and proposed improvements to the Laguna Woods Golf Course clubhouse/lounge facility. Michael Baker was recently requested to assist with the monitoring of the San Sebastian affordable senior housing project.
Under separate contracts, Michael Baker has prepared a Climate Adaptation Plan for the City and is comprehensively updating the City’s General Plan.
Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan, Orange County, California.
Municipal Water District of Orange County. PLANNER. (2017) Responsible for analyzing data and developing hazard profiles in preparation of the update to the multi-jurisdictional hazard mitigation plan (MJHMP) for the Municipal Water District of Orange County and 18 of its member agencies, which include cities and water/wastewater agencies. The updated plan involved a complete reorganization of the previous plan with the creation of annexes for each individual agency. These annexes identified hazards specific to each agency and assessed the agencies’ vulnerabilities to those hazards. Agencyspecific mitigation measures were also identified.
General Plan Safety Element, Local Hazard Mitigation Plan, and Emergency Operations Plan, Lawndale, California. City of Lawndale. ENVIRONMENTAL ASSOCIATE. (2016) Responsible for reviewing and performing internal screencheck/edits on Hazard Mitigation Plan before city submittal.
Michael Baker updated the General Plan Safety Element and Emergency Operations Plan (EOP) and developed a Local Hazard Mitigation Plan (LHMP) for the city pursuant to the requirements of the Disaster Mitigation Act of 2000. The plan includes identification and profiling of the city’s natural hazards, a vulnerability assessment, mitigation strategies, and plan implementation and maintenance.
Baker also provided public participation assistance during the planning process, including public workshops and outreach.
RELEVANT EXPERIENCE CONTINUED
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 14 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Ms. Malik is a restoration ecologist with experience in voluntary restoration projects for wetlands, riparian systems, and coastal sage scrub habitats, as well as a wide variety of compensatory mitigation projects required for jurisdictional impacts. With a background in chemistry and a focus in fire ecology, Ms. Malik brings a unique analytical skill set to her projects. She is directly involved with the implementation of her projects and collaboration with contractors, as the first stages are key to establishing a successful site. She is actively involved in multiple professional organizations to create a dialogue between academia and consultants.
Total Years Experience
8 Education
Graduate Studies, Natural
Resources Stewardship/
Ecological Restoration,
Colorado State University
BS, 2012 Chemistry, Santa
Clara University
Registrations
CRAM for Riverine
Wetlands-Certified
Practitioner, California,
2016
SITES Accredited
Professional, 2017,
00001261-SITES
Wetland Delineator
Certification Program,
California, 2016
Certified Ecological
Restoration Practitioner,
2017, 0123
Professional
Memberships
Ecological Society of
America
Society for Ecological
Restoration
U.S. Green Building Council
PROJECT MANAGER CAL FIRE: FIRE PREVENTION GRANT
Anisha Malik, SITES AP, CERP
POSITION
Years with Michael Baker: 8
Project Manager: 4 Years
Restoration Specialist: 4 Years
SUMMARY OF EXPERIENCE
Aliso Creek Arundo and Fan Palm Removals, Aliso Viejo, California. Orange County Public Works.
PROJECT MANAGER. (2022). Responsible for managing the entirety of the project, from the initial invasive species mapping to coordinating and scheduling the contractor for the removals. Michael Baker is providing oversight for invasive species removal throughout the entire span of Aliso Creek. The Michael Baker team is also responsible for biological monitoring during the removal process as well as the pre-construction surveys for permit compliance.
Invasive Shot Hole Borer Regional Surveys, Orange County, California. Orange County Public Works.
PROJECT MANAGER. (2022). Managed and conducted the surveys in assigned areas from the client. Michael Baker is conducting invasive shot hole borer and gold spotted oak borer surveys in designated assessment areas throughout Orange County. Following the surveys, summaries and recommendations are provided to the client on how to proceed depending on the level of infestation. Services also include coordinating the sample testing and setting up trapping at project sites.
La Pata Off-Site Mitigation Project, Rancho Mission Viejo, California. Orange County Public Works.
PROJECT MANAGER. (2022). Managed and oversaw the implementation of the mitigation project, working with the contractor closely during the invasive removal process. Completed the mitigation monitoring program and prepared the annual reports to submit to the regulatory agencies. Practiced adaptive management of the mitigation plan, identifying unforeseen obstacles with the project and adjusting implementation. Michael Baker implemented the off-site mitigation required for impacts to the La Pata Avenue Road Extension Project. The mitigation consisted of the removal of Arundo donax throughout the 16-acre site and restoration and enhancement of oak-sycamore woodland and southern willow scrub habitat.
Integrated Mitigation Project, Menifee, California. Riverside County Transportation Department. PROJECT MANAGER/ LEAD RESTORATION ECOLOGIST. (2022). Responsible for conducting baseline studies of the site prior to construction. Oversaw construction of the project and designed placement of native plants within the different habitat types. Supported the client with reviewing submittals from the contractor to ensure compliance with regulatory permits and mitigation plans. The Integrated Mitigation Site consists of roughly 75 acres of Diegan Coastal Sage Scrub and forbland habitat. The focus of the project is restoring a degraded, intermittent creek prone to flooding during the wet season. Through the project design, additional intermittent channels and seasonal wetlands were created in order to regulate flows within the project site. The project additionally included the creation of multiple native habitats, including Western sycamore scrub, Southern willow scrub, saltgrass meadow, native grassland, and coast live oak woodland. Michael Baker prepared a geometric design plan illustrating the creek layout, grading, alignments, and stabilization facilities. Prior to the start of construction, Michael Baker Biologists conducted surveys to document the existing conditions of the site and identify and biological constraints with local wildlife using the site for foraging or habitat. Additionally, the California Rapid Assessment Method (CRAM) was conducted in order to establish baseline conditions of the existing drainage.
Inland Branch 2020 Fire Emergency Clean-Up Response Program, Inland Branch, California.
CalRecycle. ENVIRONMENTAL UNIT LEADER. (2021). Prepared restoration plans for locations with temporary bridge installments. Worked with the client to determine the most efficient route of restoration that still met agency needs.
Michael Baker is providing environmental and emergency permitting services to assist with CalRecycle’s coordinated structural debris and hazard tree removal projects in areas damaged by the wildfires that devastated Lake, Mendocino,
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 15 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Anisha Malik, SITES AP, CERP
PROJECT MANAGER
RELEVANT EXPERIENCE CONTINUED P R E V I O U S A N D
CURRENT CLIENTS
Following is an example of the clients that
Ms. Malik has worked with while at Michael
Baker. A complete listing of all clients can be
provided upon request.
City of Coachella
City of Del Mar
City of Diamond Bar
City of Hemet
City of Hobokan
City of Laguna Beach
City of Malibu
City of Newport Beach
City of Oceanside
City of San Diego Economic Development
City of San Diego, Transportation and Storm
Water Department
City of Santa Clarita
City of St. Helena
City of Temecula
City of Victorville
County of Orange
County of Riverside
County of Santa Clara
Elsinore Valley Municipal Water District
Irvine Ranch Water District
Lemon Grove Sanitation District
Los Angeles County, Department of
Public Works
Mesa Water District
Orange County Parks and Recreation
Orange County Public Works
Orange County Sanitation District
Santa Clara Valley Water District
Santa Clarita Valley Water District
Tidal Basin
Town of Apple Valley
Napa, Solano, and Sonoma Counties in 2020. For the program, Michael Baker is providing biological and archaeological assessments, biological and archaeological monitoring, agency and tribal coordination, emergency permitting services, guidance and implementation of water-quality best management practices (BMPs), and GIS support.
OC-44 Pipeline Rehabilitation/Replacement Project, Orange County, California.
Mesa Water District. RESTORATION SPECIALIST/ TASK MANAGER. (2020). Responsible for the Habitat Mitigation and Monitoring Plan and providing support on acquiring permits necessary for the project. Provided oversight during construction to maintain permit compliance and avoid any impacts to biological resources. Managed the invasive removals for the mitigation and directed the planting of native species within the designated areas. Michael Baker provided engineering and environmental services to the Mesa Water District for the rehabilitation/replacement evaluation and cathodic protection study for the OC-44 Pipeline. The OC-44 pipeline runs approximately 8.6 miles through Orange County. Michael Baker provided a comprehensive plan to investigate the condition of the existing pipeline, evaluate repair and/or replacement strategies, and identify permitting and follow-on technical studies required to implement the recommended strategy. Of the proposed alternatives, the solution selected called for sliplining 1,800 linear feet of 30-inch diameter pipeline inside the existing 42-inch steel pipe. Prior to construction, Michael Baker prepared an Initial Study/Mitigated Negative Declaration to identify potential environmental impacts and establish mitigation measures.
Bouquet Canyon, California. City of Santa Clarita. ECOLOGIST. (2019). Researched local habitat within Santa Clarita and determined fuel load characteristics that would influence the project. Michael Baker was responsible for master plan for development of 366 for-sale homes in 5 neighborhoods in a total development area of 84 acres. Includes detached and a variety of attached types of housing units, along with community infrastructure, recreation, landscaping and lighting improvements. Project also includes construction of a new segment of Bouquet Canyon Road, as envisioned in the City’s Circulation Element.
Buck Gully Canyon Restoration, Buck Gully Channel, Newport Beach, California.
City of Newport Beach. RESTORATION SPECIALIST. (2018). Responsible for supporting with the monitoring program of the Buck Gully Canyon Restoration project. Conducted plant survival assessments as well as identified any unknown species on-site. In addition, prepared the annual report, providing suggestions for future success. Michael Baker provided engineering and environmental services for the stabilization and restoration of Lower Buck Gully. Michael Baker’s services included planning, hydrologic and hydraulic analyses, right-of-way support, design, and permitting for the construction of erosion control improvements, and preparing annual monitoring reports.
Rancho Del Oro Detention Basin Flood Control Improvement, Oceanside, California. City of Oceanside. RESTORATION SPECIALIST. (2018).Responsible for conducting a delineation of jurisdictional waters and wetlands at the mitigation site, as well as a CRAM assessment and vegetation mapping. Worked with regulatory agencies to help create the mitigation approach of the project, which included identifying locations for invasive species removal and recontouring of a degraded riparian system. Responsible for writing the Habitat Mitigation and Monitoring Plan for the project. Michael Baker prepared final design and permitting for the Rancho Del Oro flood control project. The project includes the installation of floodwalls and spillways to create a series of two stormwater detention basins within the Loma Alta stream corridor easterly of Rancho Del Oro Drive and southerly of Oceanside Boulevard. The Michael Baker team also provided support for coordination with the environmental documentation and regulatory permit approval. Michael Baker delineated the project site and prepared a biological technical report for the Rancho Del Oro Detention Basin Flood Control Improvement Project.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 16 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Ms. Barbhaya is experienced in urban planning, urban design, and active transportation. She has worked on a spectrum of projects, including comprehensive planning, design guidelines, complete streets, bike master plans, trail and greenway planning, and pedestrian studies. She firmly believes that a meaningful public engagement leads to ownership of the project by the community and uses her graphic skills to communicate ideas to the audience during the project’s consensus-building phase. Many of her projects have won local and state American Planning Association (APA) and American Society of Landscape Architects (ASLA) awards.
Total Years Experience
18 Education
M.C.P., 2005, Land Use
Planning, University of
Cincinnati
B.Arch., 1999,
Architecture, Maharaja
Sayajirao University of
Baroda, India
Registrations
Certified Planner,
Worldwide, 2008, 022061
LEED Accredited
Professional, 2006
Professional
Memberships
American Institute of
Certified Planners
American Planning
Association
COMMUNITY PLANNING/PUBIC OUTREACH
Surabhi Barbhaya, AICP, LEED AP
POSITION
Years with Michael Baker: 4
Project Manager (Planning): 4 Years
SUMMARY OF EXPERIENCE
Masterplan Environmental Impact Report, Long Beach, California. California State University, Long Beach.
PUBLIC ENGAGEMENT SPECIALIST. (2022) Serving as public engagement lead for the project. Michael Baker is helping California State University, Long Beach (CSULB) prepare a Draft Environmental Impact Report (EIR) for the proposed CSULB Master Plan Update. As a part of the project, we are providing public outreach services at major milestones of the project, such as notice of preparation and final EIR. Both of these milestones will be accompanied by an in-person and online workshop vis zoom. Michael Baker is also creating a virtual room for open house that can be accessed at any time by the participants and will include all the boards that are being displayed at the in-person open house as well as documents for review. Michael Baker will make the online meeting recording as well as a survey accessible in this virtual room.
Pedestrian and Bikeway Study and Design, Palm Desert, California. City of Palm Desert. PUBLIC ENGAGEMENT SPECIALIST. (2021) Served as public engagement lead for the project. The project looked at analyzing bike and pedestrian gaps in the city. This analysis provided recommendations for closing the gaps. Priority projects were selected and developed into concept-level plans. The engagement activities included virtual meetings, online survey, and an informative website. Michael Baker is using Bang the Table as a platform for engagements. Various tools such as interactive mapping exercises to understand issues and concerns related to safety, comfort, and connectivity of bike and pedestrian facility, as well as ideas board offered by the platform, were used. Social media messages were sent out at major milestones.
Accessory Dwelling Units Program, San Bernardino County, California. San Bernardino Associated Government. PROJECT MANAGER. (2021) Serving as a project manager and lead planner for the project. The project included developing a toolkit of policies and programs for use by various communities to include in their housing elements.
Michael Baker also participated in planning commissioner meetings to provide updates on the projects. Michael Baker reached out to 30+ stakeholders to create a toolkit of programs and understand the state of Accessory Dwelling Unit construction as well as emerging ideas in the field. A county-wide online survey will be floated to gather more input.
Safe Routes to School Sidewalk Gap Closure Project, Anaheim, California. City of Anaheim. PUBLIC ENGAGEMENT LEAD. (2021) Served as a public engagement lead help with the provide environmental clearance documentation (Categorical Exclusion), technical studies, and public outreach for the City to satisfy the requirements of NEPA. The Citywide Safe Routes to School Sidewalk Gap Closure (project) would construct more than 6,500 linear feet of Americans with Disabilities Act (ADA) accessible sidewalk near nine schools, closing sidewalk gaps located within one-half mile of each school entrance. Michael Baker coordinated and conducted a virtual public meeting to solicit input regarding the project from the community, City’s elected officials, public agencies, and interested parties. The meeting was conducted via zoom and provided simultaneous interpretation services in Spanish. Michael Baker also provided collateral materials, including fliers and fact sheets for distribution and posing on the website.
I-10/ Cherry Valley Interchange project, Calimesa, California. County of Riverside. PUBLIC ENGAGEMENT LEAD. Served as public engagement lead for the project. (2021) The City of Calimesa (City), in cooperation with the California Department of Transportation (Caltrans) and the County of Riverside (County), proposes to reconstruct the Interstate 10 (I-10)/Cherry Valley Boulevard interchange to relieve congestion and improve traffic operations. Michael Baker coordinated and conducted a virtual public meeting to solicit input regarding the project from the community, City’s elected officials, public agencies, and interested parties. The meeting was conducted via zoom and provided simultaneous
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 17 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Surabhi Barbhaya, AICP, LEED AP
COMMUNITY PLANNING/PUBIC OUTREACH
RELEVANT EXPERIENCE CONTINUED P R E V I O U S A N D
CURRENT CLIENTS
Following is an example of the clients that
Ms. Barbhaya has worked with while at
Michael Baker. A complete listing of all
clients can be provided upon request.
California State University
City of Anaheim
City of Coachella
City of El Monte
City of Elk Grove
City of Imperial Beach
City of Laguna Woods
City of Los Altos
City of Palm Desert
City of Palmdale
City of Palo Alto
City of Pinole
City of Rancho Cordova
City of Rancho Cucamonga
City of Rolling Hills Estates
City of San Juan Capistrano
City of Solana Beach
County of Riverside
County of San Bernardino
County of San Diego
Irvine Ranch Water District
Port Authority of New York and New Jersey
San Bernardino Associated Government
interpretation services in Spanish. Participants were allowed to express their opinions via question and answer as well as verbally. All questions and comments were noted to be responded to as a part of the Final EIR. Michael Baker also provided collateral materials, including fliers and fact sheets for distribution and posing on the website.
Housing, Safety, and Environmental Justice Element, San Juan Capistrano, California. City of San Juan Capistrano. TASK MANAGER. (2021) Served as Task manager for the Safety Element Update. Michael Baker is preparing a comprehensive set of revisions to the City’s Housing Element and Safety Element and is preparing a new Environmental Justice Element. The project involves a comprehensive public engagement plan in multiple languages, including special workshops and outreach to areas of concentrated needs and coordination with community-based organizations to promote fair housing and environmental justice. The Safety Element focuses on natural and man-made hazards and includes policies addressing health crises and Crime Prevention Through Urban Design. Multiple consultation sessions were conducted with the California Department of Forestry and Fire Protection (CAL FIRE) since parts of City are in a very high fire hazard zone.
Waterfront Park, San Diego, California. San Diego County. PUBLIC INVOLVEMENT COORDINATOR. (2020) Served as a public engagement lead to evaluate the feasibility of active recreation facilities to the waterfront park and to develop a concept master plan. The focus was on the area occupied by the themed gardens on the northeast corner of waterfront park, totaling approximately 1.5 acres of space. Outreach involved three public workshops and online surveys to explore the possibility of using the project site for active recreation opportunities, identify suitable programming options to create conceptual master plan options, and to draft a final plan. The final two workshops were organized online via Zoom due to COVID-19.
Imperial Beach Boulevard Complete Streets Project, Imperial Beach, California.
City of Imperial Beach. PUBLIC ENGAGEMENT TASK MANAGER. (2020) Michael Baker performed complete streets design services to help transform 1.6 miles of Imperial Beach Boulevard into a public space accessible to pedestrians, bicyclists, and transit and motor vehicles alike. As a part of the ATP grant funding, the City received an additional non-infrastructure grant funding for the project and decided to use part of the funding for public outreach. This included creating a website and updating it periodically. Other avenues of engagement included social media updates both in English and Spanish.
An art contest was organized for the high school art students, and the winning designs were used for creating etching patterns on the sidewalk. A scavenger hunt was organized instead of a planned open streets event due to COVID 19 for the project’s grand opening.
Rio Prado and Bonsall Parks, San Diego County, California. County of San Diego.
PUBLIC ENGAGEMENT LEAD. (2019) Michael Baker was retained by the County of San Diego Parks and Recreation Department to develop two park sites: Rio Prado and Bonsall Park. The project included a series of community workshops to develop community-based park designs that relate to the San Luis Rey River Park Master Plan’s goals. The first workshop was designed to understand the community’s needs. The workshop was replicated in an online survey. Based on the results, active and passive park option for both parks were developed and the community was asked to comment.
Comments received will guide the final park plans for both sites.
Lincoln Acres Park Expansion, San Diego County, California. County of San Diego.
PUBLIC ENGAGEMENT LEAD. (2019) Served as a public engagement lead to help with the expansion of the Lincoln Acres Park to a newly acquired parcel to the east. Public engagement included three workshops. The first one was intended to listen to the community about their needs. The second was designed in a charrette format where the participants worked in groups to comment on the two options prepared by Michael Baker and present their findings to the audience. The third was an open house format workshop to present the final Plan to the community.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 18 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Mr. Winkleman, a senior wildlife biologist and project manager, has many years of experience in field and laboratory research, environmental data acquisition, construction monitoring, and regulatory compliance. He has prepared various sections for CEQA and NEPA environmental documents, including environmental impact statements and environmental impact reports, biological technical reports, biological assessments for Section 7 (Endangered Species Act) consultation, biological monitoring reports, and biological survey reports.
Years Experience
18 Education
Certificate, 2012, Field
Ornithology, University
of California at Riverside,
University Ext
BS, 2007, Ecology and
Evolution, University of
California, Irvine
Registrations
ESA Certified Senior
Ecologist, 2019
Professional Memberships
American Birding Association
Ecological Society of America
National Audubon Society
Society for the Study of
Amphibians and Reptiles
The Wildlife Society
Western Field Ornithologists
BIOLOGY
Ryan Winkleman, CSE
POSITION
Years with Michael Baker: 6
Senior Biologist: 3 Years
Biologist: 3 Years
SUMMARY OF EXPERIENCE
UCI Center for Advanced Care Biological Support Services, Irvine, California. University of California Irvine. PROJECT MANAGER. (2021) Responsible for conducting an updated biological resources assessment survey and updating an existing biological technical report. Michael Baker provided biological support services for the construction of medical care facilities. The university constructed a new Center for Advanced Care in the UCI North Campus on an approximately 7.55- acre project. In addition, Birch Street was expanded across Jamboree Road to create a loop around the new facilities, with an associated new turn-lane back onto Jamboree Road.
South Norco Channel. City of Norco. SENIOR BIOLOGIST. (2020) Responsible for conducting a biological resources assessment survey and writing a biological technical report and Western Riverside County Multiple Species Habitat Conservation Plan consistency analysis.
Lockheed Martin Aeronautics Plant 10 Specific Plan, Palmdale, California. Lockheed Martin Systems. SENIOR BIOLOGIST. (2020) Responsible for conducting a biological resources survey and assisting with and reviewing the biological resources report. Michael Baker is providing design and engineering services for an update to Lockheed Martin’s Specific Plan. The 520-acre site is surrounded by vacant land, a regional airport, and several offices. The plan regulates development within the project site; however, development has exceeded the original build-out requirements. The city will no longer support additional development requests without the adoption of a new specific plan. Michael Baker’s plan will include existing conditions, allowable land uses, and development standards based on the client’s current needs and future vision.
Canyon Loop Trail. City Of Diamond Bar. BIOLOGIST. (2021) Responsible for conducting protocol surveys for Cactus Wren and the federally threatened Coastal California Gnatcatcher. The surveys included tracking and mapping nesting habitat and territories for both species. The survey report documented the survey results and identified potential impacts to the local wren and gnatcatcher populations while also providing recommendations for how to avoid or minimize those impacts.
Also responsible for co-writing the biological resources report documenting baseline conditions and general biological resources and constraints at the project site.
Ephemeral Washes Environmental Planning Project, Victorville, California. City of Victorville. BIOLOGIST. (2020) Responsible for serving as task manager overseeing field work, as well as performing field work and writing the comprehensive biological resources report. Field work involved mapping vegetation communities, compiling plant and wildlife species lists, and assessing potential constraints at over 120 different project sites where maintenance needs had been identified. The biological resources report summarized all project information and included a comprehensive overview of the project, its baseline information, and future steps and survey needs. Michael Baker is providing environmental planning services for flood control system maintenance for the Victorville Public Works Department. The department is responsible for maintaining and operating the city’s flood control system in an efficient, economic, and environmentally responsible manner for the protection of property and public safety. Routine maintenance is required to ensure the longterm function, flow capacity, and infrastructure sustainability.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 19 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Ryan Winkleman, CSE
BIOLOGY
RCTC SART 2. Riverside County Transportation Commission (RCTC). BIOLOGIST. (2020) Responsible for conducting focused surveys for the federally threatened Coastal California Gnatcatcher. At the request of the U.S. Fish and Wildlife Service, the surveys were not full-protocol and did not utilize playback of audio recordings, but otherwise followed the survey protocol including tracking and mapping nesting habitat and territories. The survey report documented the survey results and identified potential impacts to the local gnatcatcher population while also providing recommendations for how to avoid or minimize those impacts.
Park Place Extension EIR/EA, El Segundo, California. City of El Segundo. BIOLOGIST. (2016) Responsible for conducting a field survey and writing a Caltrans Natural Environment Study documenting the survey results. Michael Baker prepared the required CEQA/NEPA clearance documentation for the Park Place Extension and Railroad Grade Separation Project. The project involves extending Park Place between Allied Way and Nash Street and grade separating the extension from the Union Pacific Railroad and Burlington Northern Santa Fe Railway tracks. The environmental analysis thoroughly discussed the existing conditions for each environmental issue area and evaluated the short- and long-term environmental impacts associated with project construction and operation. Key issues associated with the project included hazardous materials, air quality, noise, land use/right of way impacts, and traffic and circulation.
San Simeon Well Field Emergency Water Supply Facilities, Cambria, California. Cambria Community Services District. BIOLOGIST. (2014) Responsible for conducting a field survey and writing a habitat assessment report, writing a biological assessment for Section 7 consultation, writing an adaptive management plan for impacts to sensitive species, and conducting a markrecapture study of the federally threatened California red-legged frog to determine its approximate population size on the project site. Also wrote a Biological Assessment, Adaptive Management Plan, and Biological Technical Report for the project. As a subconsultant, Michael Baker provided environmental services for the construction and operation of emergency water facilities at the San Simeon well field. Services included preparation of an IS/MND, development of a coastal development permit application, and federal and state agency consultation. Given its emergency status, this project was unique because it required environmental analysis and permitting concurrent with construction.
Michael Baker conducted supporting technical analyses for air quality, greenhouse gas emissions, and noise, and performed a jurisdictional delineation; focused special status species surveys; and Section 7, 401, 404, and 1602 consultations. Michael Baker also prepared a habitat assessment and adaptive management plan and provided extensive coastal development permit (emergency and regular) support. The IS/MND developed mitigation measures to reduce impacts to below the level of significance for aesthetics, air quality, biological resources, cultural resources, noise, and utilities and service systems. Michael Baker also prepared an EIR for a modified version of the project.
Rancho Del Oro Detention Basin Flood Control Improvement Project, Oceanside, California.
City of Oceanside. BIOLOGIST. (2014) Responsible for conducting a field survey of the project site and writing a biological habitat assessment of the survey results, including a consistency analysis of the project with the San Diego North County Multiple Habitat Conservation Program. Michael Baker delineated the project site and prepared a biological technical report for the Rancho Del Oro Detention Basin Flood Control Improvement Project, which created two detention basins to help detail the 100-year storm flow and increase the flood protection to downstream development, public roads, and rail facilities. The biological technical report provided the results from a habitat assessment that documented all plant and wildlife species and habitats occurring on the project site and addressed multiple habitat conservation plans and the Oceanside Subarea Habitat Conservation Plan requirements. Michael Baker also prepared biological focus surveys for the southwestern willow flycatcher, least Bell’s vireo, and coastal California gnatcatcher.
RELEVANT EXPERIENCE CONTINUED P R E V I O U S A N D
CURRENT CLIENTS
Following is an example of the clients that Mr.
Winkleman has worked with while at Michael
Baker. A complete listing of all clients can be
provided upon request.
City of Chino Hills
City of Dana Point
City of Diamond Bar
City of Encinitas
City of Fontana
City of Hemet
City of Huntington Beach
City of Irvine
City of Laguna Beach
City of Laguna Niguel
City of Lake Elsinore
City of Lancaster
City of Long Beach
City of Moreno Valley
City of Oceanside
City of Palmdale
City of Rancho Santa Margarita
City of Riverside
City of San Bernardino
City of San Diego
City of San Juan Capistrano
City of Solana Beach
City of Temecula
City of Victorville
City of Yorba Linda
County of Kern
County of Los Angeles
County of Orange
County of Riverside
Town of Apple Valley
West Basin Municipal Water District
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 20 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Mr. Ashimine prepares environmental and planning studies for public and private sector clients under CEQA/ NEPA. He has extensive experience in the research, analysis, and writing of environmental documentation for a variety of projects involving infrastructure, redevelopment, residential, and industrial uses. Mr. Ashimine provides defensible CEQA/NEPA compliance review and environmental documentation. He uses the skills developed in each of his specialized disciplines to prepare and process environmental documents for a diverse range of projects and land uses.
Years Experience
22 Education
BA, 2000, Environmental
Analysis and Design,
University of California,
Irvine
Professional
Memberships
Association of
Environmental
Professionals
National Association
of Environmental
Professionals
Orange County Association
of Environmental
Professionals
CEQA COMPLIANCE
Alan Ashimine
POSITION
Years with Michael Baker: 22
Environmental Manager: 4 Years
Senior Environmental Associate: 7 Years
Environmental Associate: 5 Years
Environmental Analyst: 6 Years
SUMMARY OF EXPERIENCE
Bastanchury Road Improvement Project IS/MND. City of Yorba Linda. ENVIRONMENTAL MANAGER. (2022) Responsible for preparation of the IS/MND. Michael Baker prepared an Initial Study/Mitigated Negative Declaration (IS/ MND) for the Bastanchury Road Improvement Project. The project proposed to raise the road profile and widen the roadway segment (along Bastanchury Road from Eureka Avenue to Casa Loma Avenue) from two travel lanes (one travel lane in each direction) to a total of four travel lanes (two lanes of travel in each direction) to match the existing roadway configuration east of Eureka Avenue and west of Casa Loma Avenue. Michael Baker prepared an IS/MND consistent with the CEQA and addressed the direct, indirect, and cumulative environmental effects of the Bastanchury Road Improvement Project.
Primary technical issues addressed in the IS/MND included air quality/greenhouse gas, biological resources, cultural resources, hazards and hazardous materials, water quality, and traffic. Michael Baker prepared a Phase I Cultural Resources Assessment and quantified air quality and noise analyses for the proposed project for with- and without-project scenarios.
Orangewood Avenue Improvements CEQA Addendum Anaheim, California. City of Anaheim. ENVIRONMENTAL QA/ QC. (2022) Responsible for QA/QC of the Addendum. Michael Baker assisted the City of Anaheim with preparation of an Addendum to the Final Subsequent Environmental Impact Report No. 339 (SEIR No. 339) for the Revised Platinum Triangle Expansion Project. The proposed project would widen a portion of Orangewood Avenue from five lanes to six lanes with medians and utility infrastructure improvements consistent with the Platinum Triangle minimum widening standards. Key environmental issues include the project’s potential to result in impacts related to air quality, greenhouse gas emissions, land use and planning, transportation/circulation, and noise impacts for construction and operations. The project required coordination and consultation with Caltrans District 12 environmental staff due to improvements affecting Caltrans right-ofway along State Route 57.
Hoff Residential Project IS/MND, Yorba Linda, California. City of Yorba Linda. PROJECT DIRECTOR. (2021) Responsible for QA/QC of the IS/MND. Michael Baker assisted the City of Yorba Linda with the preparation of an Initial Study for the Yorba Linda Hills - Hoff (project). The project applicant proposed construction of an approximate 15,000 gross squarefoot residence on the approximately 41.52 acres. The residence would feature a main house, attached garage, utility garage, courtyard, pool, detached guest house and associated garage, and paved access driveway. A 1,145-foot long paved driveway would be used to access the residence. Discretionary approvals consisted of a CEQA Clearance, Tentative Parcel Map, General Plan Amendment, Zone Change Approval, Subsequent Design Review, Section 13260 Waste Discharge Requirement, Section 1600 Streambed Alteration Agreement, and issuance of applicable grading and building permits. In addition, the project would require several approvals from the Orange County Fire Authority.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 21 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Alan Ashimine
CEQA COMPLIANCE
P R E V I O U S A N D
CURRENT CLIENTS
Following is an example of the clients that Mr.
Ashimine has worked with while at Michael
Baker. A complete listing of all clients can be
provided upon request.
Caltrans
City of Anaheim
City of Azusa
City of Bakersfield
City of Bell Gardens
City of Beverly Hills
City of Brea
City of El Segundo
City of Huntington Beach
City of Irvine
City of Laguna Beach
City of Lancaster
City of Long Beach
City of Manhattan Beach
City of Mission Viejo
City of Moreno Valley
City of Rancho Cucamonga
City of Redondo Beach
City of Riverside
City of San Clemente
City of San Gabriel
City of Santa Ana
City of Santa Clarita
City of Seal Beach
City of Temecula
City of Yorba Linda
County of Orange
County of Riverside
Orange County Sanitation District
Orange County Transportation Authority
Santa Ana Watershed Project Authority
RELEVANT EXPERIENCE CONTINUED
Universal Health Services Mixed-Use Facility, Palmdale, California. City of Palmdale.
ENVIRONMENTAL MANAGER. (2005) Helped prepare the Initial Study and Draft EIR. Michael Baker prepared an environmental impact report (EIR) for the Universal Health Services Mixed-Use Facility in the City of Palmdale. The project involved the development of a 250-bed general hospital, helispot, 120,000 square feet of medical office buildings, and an 80-unit affordable senior housing/ assisted living facility on a 40-acre site. Key issues included traffic and circulation on area roadways, biological resources, cultural resources, aesthetics, land use compatibility, and infrastructure.
Poseidon Seawater Desalination Project, Huntington Beach, California. City of Huntington Beach. PROJECT COORDINATOR. (2005) Responsible for environmental documentation and overall project coordination. Michael Baker completed the final EIR for a 50-million-gallons-per-day (mgd) seawater desalination facility to be sited adjacent to the AES Huntington Beach Generating Station.
Key short-term project issues included hydrology and water quality, air quality, noise, utilities, aesthetics, hazardous materials, traffic, and biological/cultural resources. The EIR analysis also included an in-depth examination of long-term impacts, including geological issues; marine water quality; air quality; impacts to public services and utilities; impacts regarding aesthetics, light, and glare; and hazardous materials impacts.
Prado Reservoir No 2, Temecula, California. Rancho California Water District.
ENVIRONMENTAL MANAGER. (2004) Coordinated preparation of CEQA documents. Substantial issues analyzed were aesthetics, land use, and public services and utilities. Michael Baker provided comprehensive engineering services to Rancho California Water District for design of the Prado Reservoir. This six million gallon, steel constructed tank provides additional potable water storage for the District’s 1440 Pressure Zone and shares a site with an earlier constructed five million gallon tank. Michael Baker’s services included design, distribution system modeling, inlet / outlet piping (both tanks), environmental evaluation, electrical power, instrumentation, SCADA system, and revegetation of all slopes impacted by construction. Michael Baker also provided all of the surveying services for the project, including the preliminary design surveys in support of engineering design, and all staking for the construction of the project.
Arlington Desalter Enhancements Project, Riverside County, California. Santa Ana Watershed Project Authority. ENVIRONMENTAL SPECIALIST. (2003) Helped prepare the IS/MND, and also assisted in the product water stakeholder coordination process. Michael Baker provided environmental, engineering, and construction management services to the Santa Ana Watershed Project Authority (SAWPA) for the Arlington Desalter Enhancements Project. Key issues included timely CEQA compliance to obtain state funding, a Santa Ana River crossing, and sensitive coastal sage habitat. Michael Baker provided program management; contract administration; construction management and inspection; quality control and quantity verification; utility coordination; traffic control plan and SWPPP requirement compliance; public relations; schedule monitoring; coordination with agency staff, design engineers, three contractors, architects, archeologists, material testers, and surveyors; processing of RFIs, submittals, work change directives, change orders, and progress payments; progress meeting facilitation; and documentation of work via digital photography and daily construction reports.
Canyon Crest Environmental Impact Report, Brea, California. City of Brea. ENVIRONMENTAL ASSOCIATE. (2000) Helped prepare the EIR. Michael Baker prepared an EIR for a large-scale hillside project in the City of Brea. Significant environmental issues analyzed included biological resources on an adjacent State park, hydrology and drainage, landform alterations, and visual sensitivity. Unique to this project was a precedent-setting city initiative that mandated that all developments that require legislative action go before the vote of the people.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 22 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Ms. Ming is a restoration ecologist with a background in ecological restoration, native plant propagation and maintenance, environmental education, volunteer management, and environmental GIS technology. She has performed restoration in various Southern California habitats. Her field experience includes vegetation monitoring, invasive species abatement, GIS mapping, seed and plant collection, soil and plant trans-location, and vegetation census. Additionally, she has performed biological surveys including rare plant census, burrowing owl surveys, vegetation habitat mapping, and biological monitoring.
Years Experience
5 Education
MS, 2020, Environmental
Science, California State
University at Fullerton
BA, 2014, Environmental
Sciences, University of
California, Irvine
Registrations
CRAM for Riverine
Wetlands-Certified
Practitioner, California,
2021
Certified Ecological
Restoration Practitionerin-Training, 2021, 0538
Professional
Memberships
Society of Ecological
Restoration California
CONTRACTOR OVERSIGHT
Trina Ming, CERP IT
POSITION
Years with Michael Baker: 1
Restoration Ecologist/Environmental Associate: 1 Year
SUMMARY OF EXPERIENCE
LCR Year 12 Monitoring, Orange County, California. Orange County Public Works. RESTORATION ECOLOGIST. (2022) Responsibilities included conducting qualitative and quantitative site monitoring, preparing annual monitoring reports, and preparing adaptive management recommendations.
Integrated Mitigation Plan, Riverside County, California. Power Engineers, Inc. RESTORATION ECOLOGIST. (2021) Responsibilities included conducting monitoring of mitigation installation, preparing an annual monitoring report for agency submittal, conducting qualitative site monitoring, and preparing qualitative site recommendations.
Sweetwater Place, San Diego, California. KB Home Coastal. RESTORATION ECOLOGIST. (2021) Responsibilities included performing qualitative and quantitative site monitoring and preparing quantitative site recommendations memorandum and annual monitoring reports.
Rancho Paseana – Restoration of El Apajo Creek, Kirkland, Washington. 16092 SDR Trust. RESTORATION ECOLOGIST. (2021) Responsibilities included preparing a Habitat Mitigation and Monitoring Plan and Long-Term Management plan for the 14.98-acre riparian and freshwater marsh habitats. Performed biological monitoring of invasive removals within occupied light-footed Ridgeway’s rail habitat.
Tentative Tract Map No 53430, Diamond Bar, California. Grand Hills Development, LLC. RESTORATION ECOLOGIST.
Responsibilities including performing a focused least Bell’s vireo survey, preparing a Habitat Mitigation and Monitoring Plan, and mapping and inventorying non-native trees at the off-site mitigation area.
Dockweiler Dune Enhancement, Alhambra, California. Los Angeles County Department of Public Works.
RESTORATION ECOLOGIST. (2021) Responsibilities included preparing and presenting a Worker Environmental Awareness Program, supervising maintenance crews to protect sensitive resources, performing site assessments and ensuring regulatory compliance.
Mathis Mitigation Program, Orange County, California. Orange County Public Works. RESTORATION ECOLOGIST. (2021) Responsibilities included performing qualitative and qualitative site assessments and preparing monitoring reports.
The Ranch at Laguna Beach Project, Laguna Beach, California. Laguna Beach Golf & Bungalow Village. PROJECT MANAGER.* (2021) Responsibilities included implementing a riparian restoration and invasive species removal plan within Aliso Creek. Supervised site implementation, coordinated with project biologist regarding sensitive species surveys, coordinated maintenance contractors, coordinated with clients, and reviewed permits to ensure project compliance.
North Ranch/Yates Road Project, Winchester, California. Lennar Homes. HABITAT RESTORATION SPECIALIST.* (2021) Responsibilities included assisting in restoration implementation of a 2.67-acre southern willow scrub and mulefat scrub mitigation site. Performed site flagging, qualitative and quantitative monitoring, and proposed and coordinated remedial measures including willow cutting collection and installation. Additional responsibilities included preparing memoranda, reports, and ArcGIS map exhibits, analyzing data and submitting findings to the client and regulatory agencies.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 23 D. RESUMES AND QUALIFICATIONS OF PERSONNEL
Trina Ming, CERP IT
CONSTRUCTION OVERSIGHT
P R E V I O U S A N D
CURRENT CLIENTS
Following is an example of the clients that
Ms. Ming has worked with while at Michael
Baker. A complete listing of all clients can be
provided upon request.
City of Coachella
City of Diamond Bar
City of Santa Clarita
County of Riverside
Lemon Grove Sanitation District
Los Angeles County, Department of
Public Works
Orange County Public Works
Riverside County Transportation
Commission
Port Authority of New York
and New Jersey
San Bernardino Associated Government
State of California
University of California Irvine
Heritage Fields/Great Park Project, Irvine, California. Five Point Communities. HABITAT RESTORATION SPECIALIST.* (2021) Responsibilities included assisting in restoration implementation of a 23.8-acre riparian (Phase III) mitigation site. Coordinated and performed site flagging and plant stock installation with maintenance contractors. Performed ongoing qualitative and quantitative monitoring of the 6.5-acre (Phase I), 6.1-acre (Phase II), and Phase III sites. Additional responsibilities included preparing memoranda, reports, and ArcGIS map exhibits, analyzing data and submitting findings to the client and regulatory agencies.
North Ranch/Yates Road Project, Winchester, California. Lennar Homes. HABITAT RESTORATION SPECIALIST.* (2021) Responsibilities included managing restoration implementation of a 2.67-acre southern willow scrub and mulefat scrub mitigation site. Performed site flagging, qualitative and quantitative monitoring, and proposed and coordinated remedial measures including willow cutting collection and installation.
Diamond Sports Center Project, Lake Elsinore, California. Lake Elsinore Diamond Sports Center.
HABITAT RESTORATION SPECIALIST.* (2021) Responsibilities included managing the rare plant mitigation implementation for smooth tarplant and little mousetail. Oversaw grading of smooth tarplant plot locations, dispersal of smooth tarplant in restoration plots, collection and dispersal of little mousetail in created vernal pools, coordinated with maintenance contractors, and proposed remedial actions. Ongoing tasks included coordination of monitoring events, performing annual census of rare plants, conducting qualitative monitoring, preparing memoranda, reports, and ArcGIS map exhibits, analyzing data, and submitting findings to the client and regulatory agencies.
Beaumont Crossroads II Project, Beaumont, California. McDonald Property Group. HABITAT RESTORATION SPECIALIST.* (2021) Responsibilities included overseeing implementation of 3.62 acres of riparian woodland and emergent marsh habitat included GPS mapping of existing habitat, coordination of non-native tree removals, overseeing site grading, conducting site flagging, and preparing an as-built report for regulatory agency submittal.
Hillcrest Project, Chino Hills, California. Woodbridge Pacific. HABITAT RESTORATION SPECIALIST.* (2021) Responsibilities included performing qualitative and quantitative site monitoring of southern willow scrub and oak woodland habitat. Proposed remedial measures and submitted cost estimate to client, coordinated with restoration contractor regarding remedial measure implementation, and submitting monitoring findings to the client and regulatory agencies.
Special Area Management Plan, Various Planning Areas, and Infrastructure, San Juan Capistrano, California. Confidential Client. HABITAT RESTORATION SPECIALIST AND ASSISTANT PROJECT BIOLOGIST.* ( 2021) Responsibilities included performing rare plant surveys for manystemmed dudleya and southern tarplant. Performed field surveys and GPS mapping of invasive species throughout the property. Habitat restoration work included qualitative and quantitative monitoring of southern willow scrub, freshwater marsh, ephemeral drainage, and coastal sage scrub habitats throughout the reserve property. Additional work included coordinating monitoring tasks, collecting willow cuttings, conducting data analyses, and submitting findings to the reserve manager and regulatory agencies.
Planning Area 1, Irvine, California. The Irvine Company. HABITAT RESTORATION SPECIALIST.* (2021) Responsibilities included coordination and supervision of restoration implementation involving overseeing site grading, plant installation, and irrigation installation of riparian habitat to support Least Bell’s vireo. Performed ongoing qualitative and quantitative monitoring, proposed remedial actions, analyzed data, and prepared memoranda, reports, and exhibits for client and regulatory agencies submittal.
* Work Performed Under Previous Employment
RELEVANT EXPERIENCE CONTINUED
E. REFERENCES
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 24 E. REFERENCES
Michael Baker provided engineering and planning services to prepare the first comprehensive revision of the City of Carlsbad Zoning Ordinance since it was first adopted in the 1950s. The project implemented the 2015 General Plan Update and the revised Local Coastal Program and involved a full reorganization of the code consistent with best practices, including the consolidation and streamlining of much of the redundant provisions, new and amended definitions including graphics, and substantial reformatting to make the code user-friendly and easy to navigate.
The entire ordinance was organized into seven articles and formatted to include easy-touse navigational aids. Michael Baker created detailed outlines of the existing and proposed ordinance chapters and sections to demonstrate the proposed reorganization and track the disposition of each section. A comprehensive zone consolidation strategy has led to the consolidation, refinement, and a reduction in the number of zones from 35 to 16 to better align and implement the city’s 12 General Plan land use designations.
Michael Baker also consolidated use and development standards into tables for ease of reference, administration, and comparison and understanding of the zones. The number of listed uses were reduced dramatically. This also significantly reduced redundant text and internal discrepancies and conflicts. Great care was taken to avoid, minimize, and track the potential for creation of non-conforming uses. The updated ordinance also consolidated and coordinated redundant and conflicting administrative procedures contained in six different chapters and five different coastal overlay zones.
Ultimately, separate ordinances were created for the
coastal and non-coastal portions of the city so they
can be updated and managed independently. Michael
Baker’s coastline vulnerability study identified coastal areas most susceptible to damage from sea-level
rise. The report projected potential coastal hazards
over two timeframes (2050 and 2100) and identified
the vulnerability and relative risks of these hazards
to various city assets. Finally, the report provided
possible strategies to improve the resiliency of these
assets.
Assets analyzed in the report included six and a half miles of beaches between Batiquitos and Buena Vista lagoons, public beach access areas, state parks, private property, critical infrastructure like power plants, electrical infrastructure, and water and sewer lines, environmentally sensitive lands, and streets, bicycle and pedestrian paths, and trails. Michael Baker found that especially low-lying areas were vulnerable to coastal flooding, such as Carlsbad Boulevard in the vicinity of Las Encinas Creek, which sustained damage during winter storms.
• Revision to the General Plan
• Planning Committee Meeting Facilitation
• Risk Assessment and Mitigation Actions
• Community Outreach
GENERAL PLAN AND
LOCAL COASTAL PROGRAM UPDATE
Carlsbad, CA PROJECT RELEVANCE
Owner: City of Carlsbad
Contact:
Jennifer Jesser
Senior Planner
jennifer.jesser@
carlsbadca.gov
760.602.4637
Dates of Engagement:
2015–2021
Project costs:
$545,528 (Fee)
Proposal Team
Members:
▬ Richard Beck,
Project Manager
▬ Noelle Steele,
Planner
▬ Casey Marchese,
Planner
▬ Jim McPherson, GIS
▬ Faye Stroud, Graphic
Design
Proven Experience with Local Safety Mitigation Efforts
The City will gain a partner in Michael Baker that has experience in creating and implementing local safety mitigation programs throughout Southern California providing them with knowledge of not only the regulations, but the potential challenges of implementation.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 25
E REFERENCES
During July, August, and September of 2020, hundreds of wildfires raged across the state of California, many a direct result of over 14,000 dry lightning strikes, destroying over 10,000 structures. CalRecycle was tasked by Cal OES to manage the coordinated structural debris and hazard tree removal projects for structures and trees damaged by the 2020 Fires. Michael Baker was part of the Tidal Basin Team working with CalRecycle and CalOES to address the FEMA Major Disaster Declarations (4558-DR-CA and 4569-DR-CA) for the Inland Branch 2020 Fires that impacted Napa, Sonoma, Mendocino, Lake, Solano, Yuba and Yolo Counties (“Inland Branch”).
Michael Baker was responsible for
addressing environmental, water
and historic property compliance
and other environmental factors
related to emergency clean-up
of four (4) fires within the Inland
Branch, including the LNU Lightning
Complex, August Complex, Glass
Fire and Oak Fire. Michael Baker’s
environmental team followed
guidance from FEMA, CalOES, and
CalRecycle in accordance with
the adopted EPP which contained
the waivers related to state statutes, rules, regulations, and requirements of CalEPA, CNRA, and California Department of Fish and Wildlife (CDFW) in accordance with the Governor’s Executive Order N-81-20, to expedite debris removal and cleanup. The Michael Baker Historic Property Crew as part of the Environmental Team followed the notification provided by FEMA to review the emergency undertaking for compliance with Section 106 of the National Historic Preservation Act (NHPA) in accordance with Stipulation II.B. regarding Expedited Review for Emergency Undertakings of the 2019 Programmatic Agreement among FEMA, the California State Historic Preservation Officer (SHPO), and the Cal OES. Michael Baker International worked under Tidal Basin to meet the actions, documentation, reporting and accountability requirements according to these organizations. Activities addressed in the project abided by FEMA Record of Environmental Consideration (REC) the Sacramento USFWS FEMA Programmatic Biological Opinion and California Department of Forestry and Fire Protection (CAL FIRE) Emergency Waiver for relevant Forest Practice Rules in support of Hazard Tree Removal Recovery Operations.
The Michael Baker team followed guidance from FEMA, CalRecycle and CalOES to complete a review of records and perform site assessments to document the environmental setting and issues related to biological, cultural (historic property) and water resources for sites identified for debris removal as well as hazard trees. This required close coordination with other team crews, including construction contractors responsible for removing, transporting, and clearing the sites by provided construction monitoring throughout each phase of the project. Staff coordinated with agency representatives frequently including the preparation and approval of permits with USACE, CDFW and Water Boards with special attention to water crossings. • Agency consultation/permits (USACE, CDFW,
Water Boards)
• Baseline biological, cultural resource
(archaeology, historic properties), water quality
survey assessments
• Tribal coordination and consultation
• California Department of Forestry and Fire
Protection Emergency Notice Record Search
• Construction environmental site monitoring,
coordination and reporting survey assessments
• GIS mapping and data development and
Smartsheet database integration
CALRECYCLE INLAND BRANCH FIRE HAZARD
TREE AND DEBRIS REMOVAL
Statewide, CA PROJECT RELEVANCE
Owner: California Office
of Emergency Services
(CalOES)
Contact:
Patricia Nelson
Environmental Officer
patricia.nelson@caloes.
ca.gov
916.823.1945
Dates of Engagement:
2020–Ongoing
Project costs:
$3,850,000 (Fee)
Proposal Team
Members:
▬ David Reel, Program
Director
▬ Richard Beck,
Project Manager
▬ Anisha Malik,
Environmental Unit
Lead
▬ Jim McPherson, GIT
Specialist
▬ Tom Millington,
Senior Biologist
▬ Trina Ming,
Restoration Ecologist
▬ April Nakagawa,
Environmental
Specialist
▬ Margo Nayyar,
Cultural Resources
▬ Timothy Tidwell,
Regulatory Specialist
▬ Ryan Winkleman,
Senior Biologist
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 26 E. REFERENCES
Michael Baker prepared the local hazard mitigation plan (LHMP) for Rancho Santa Margarita.
The process included facilitation of planning team meetings with city personnel and stakeholder agencies, as well as coordination with the project management team to ensure that hazards that can impact the community have been adequately characterized and that mitigation actions were developed to reduce the effects of these hazards. The LHMP included an inventory of critical facilities, hazard profiles and prioritization of hazards, a risk assessment, and mitigation actions to reduce potential vulnerabilities in the future.
The work program also included a comprehensive
community outreach strategy that involved a community
survey and focus meetings with a variety of community
members. The community survey gauged the level of
knowledge the community had about disaster issues. In
addition, community members had the opportunity to
provide input on the LHMP and provided input on the plan prior to issuance to the California Office of Emergency Services and Federal Emergency Management Agency.
• Hazard Mitigation Plan Development
• Stakeholder Engagement
• Public Involvement
This project won multiple awards including a
Commendation Award from the American Council of
Engineering Companies of California (ACEC) 2021
Engineering Excellence Awards and an 2021 APA
Award for small jurisdictions.
LOCAL HAZARD MITIGATION PLAN
Rancho Santa Margarita, CA PROJECT RELEVANCE
Owner: City of Rancho
Santa Margarita
Contact:
Wendy Starks, AICP
Principal Planner
[email protected]
949.635.1807
Dates of Engagement:
2018–2020
Project costs:
$74,864 (Fee)
Proposal Team
Members:
▬ Noelle Steele,
Project Manger
▬ Faye Stroud, Graphic
Design
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 27 E. REFERENCES
Michael Baker prepared the update to the Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) for the Municipal Water District of Orange County and 18 of its member agencies, which include cities and water/wastewater agencies. The goal of the MJHMP is to help reduce future loss resulting from natural and man-made disasters and to provide increased resiliency to water and wastewater systems serving a majority of Orange County. The update process has included facilitation of five planning team meetings, comprised of representatives from each of the 19 agencies and coordination with the
project management team to ensure the update
adequately characterizes the hazards having
the potential to impact Orange County and
those specific to the communities. The update
has included significant revisions to the Plan to
create annexes for each jurisdiction to ensure
jurisdiction-specific hazards, vulnerabilities,
capabilities, and mitigation actions are identified.
Community outreach efforts have included
a community survey and dissemination of
information via each agencies’ website, social
media, and notification systems.
• Reorganization of the Plan
• Planning Committee Meeting Facilitation
• Updated Mapping/Inventory of Critical Facilities
• Updated and Redefined Hazard Profiles
• Risk Assessment and Mitigation Actions
• Community Outreach
MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN UPDATE FOR
ORANGE COUNTY REGIONAL WATER AND WASTEWATER AGENCIES
Orange County, CA PROJECT RELEVANCE
Owner: Municipal Water
District of Orange County
Contact:
Karl Seckel
Board of Directors,
Division 4
[email protected]
714.963.3068
Dates of Engagement:
2017–2019
Project costs:
$111,006 (Fee)
Proposal Team
Members:
▬ Noelle Steele,
Project Manger
▬ Kristen Bogue,
Environmental
Specialist
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 28 E. REFERENCES
Local Hazard Mitigation Program
Irvine Ranch Water District
Michael Baker prepared the Local Hazard
Mitigation Plan. The work effort included
a community outreach strategy, risk
assessment, and hazard mitigation strategy.
The community outreach strategy included
web and social media content and an online
survey. The risk assessment task involved
hazard identification and hazard profiling,
mapping hazards and critical infrastructure,
and a comprehensive vulnerability assessment
and capabilities assessment. Mitigation goals,
strategies and actions were developed and to
generate a mitigation action and prioritization
matrix. The plan was approved in December
2021 with minor comments from Cal OES and
FEMA during the plan check process.
Michael Baker profiled 20 hazards, mapped
critical infrastructure, and completed a
vulnerability assessment on behalf of IRWD.
An internal capabilities assessment was
conducted to outline existing plans and
programs that support the LHMP.
Eastfoot Basin Emergency Action Plan
Irvine Community Development Company
Michael Baker was selected to prepare an update
to the Eastfoot Retarding Basin Emergency
Action Plan (EAP) . The work effort includes
updating the existing EAP, submitting drafts for
public agency review, and submitting the EAP to
the California Governor’s Office of Emergency
Services (Cal OES) for review and approval.
The project includes identifying EAP
responsibilities for each dam owner/operator,
EAP Coordinator, impacted jurisdictions
and public and state agencies. Notification
flowcharts will be developed for various
emergency scenarios to ensure an efficient
and effective emergency response. A four-step
emergency response process will be developed,
outlining the procedures from incident detection
to termination and follow up. The plan will
also identify the preparedness capabilities
and the process for maintaining the EAP. All
the necessary elements of an effective EAP
will be included in the plan to meet Cal OES
requirements.
Local Hazard Mitigation Plan
Elsinore Valley Municipal Water District
Michael Baker prepared the Local Hazard
Mitigation Plan for Elsinore Valley Municipal
Water District (EVMWD). The work effort
included a community outreach strategy, risk
assessment, and hazard mitigation strategy.
The community outreach strategy included
web and social media content and an online
survey. The risk assessment task involved
hazard identification and hazard profiling,
mapping hazards and critical infrastructure, and
a comprehensive vulnerability and capabilities
assessment. Mitigation goals, strategies, and
actions were developed a mitigation action and
prioritization matrix was generated. The LHMP is
anticipated to be approved in the Fall of 2022.
Michael Baker has profiled natural and humancaused hazards, mapped critical infrastructure and conducted a vulnerability/risk assessment.
A capabilities assessment was conducted to
identify existing plans and programs that support
the work efforts of the LHMP.
Peters Canyon Regional Park Resource
Management Plan
Orange County
Michael Baker provided environmental services
and prepared the Resource Management Plan
(RMP) for the entire Peter’s Canyon Regional
Park (Park) in addition to landscape plans and
public outreach material for the Park’s General
Development Plan (GDP). The RMP consisted of
Park-wide field visits, along with the mapping of
sensitive resources, invasive species, potential
mitigation areas, and special-status species
locations. The RMP had numerous chapters.
Public outreach included a series of “open
house” style meetings, where Michael Baker
provided several kiosk and educational tables—
each table presented a different Park topic;
therefore, community members were able to
quickly find their area of interest. Both the RMP
and GDP were approved and are utilized today.
Michael Baker also subsequently supported OC
Parks with restoration work after the 2018 fires,
which damaged most of the northern reservoir
and park areas.
Completion
Date: Ongoing
Project
Manager:
Noelle Steele
Budget:
$108,380
No. of Tasks: 5
Team Members:
Anisha Malik
Surabhi Barbhaya
Casey Marchese
Jim McPherson
Scope of Work:
▬ Community
Outreach
▬ Risk
Assessment
▬ Hazard
Mitigation
Strategy
Completion
Date: Ongoing
Project
Manager:
Noelle Steele
Budget: $27,855
No. of Tasks: 4
Team Members:
Casey Marchese
Scope of Work:
▬ Update of
Existing EAP
▬ Submitting EAP
to Cal OES
▬ Submitting
Drafts for Public
Agency Review
Completion
Date: Ongoing
Project
Manager:
Noelle Steele
Budget:
$124,985
No. of Tasks: 6
Team Members:
Casey Marchese
Jim McPherson
Mujahid Chandoo
Faye Stroud
Scope of Work:
▬ Community
Outreach
▬ Risk
Assessment
▬ Hazard
Mitigation
Strategy
Completion
Date: 2019
Project
Manager:
Richard Beck
Budget:
$287,493
No. of Tasks: 22
Team Members:
Anisha Malik
Ryan Winkleman
Jim McPherson
Scope of Work:
▬ Emergency/
Maintenance
Planning
▬ Wildfire
Management
▬ Resource
Management
▬ Restoration
Planning
COMPAR ABLE CONTR ACTS/PROJECTS IN THE PA ST FIVE YEARS As a nationwide firm, Michael Baker works on hundreds of comparable contracts each year. As such, we have limited our responses to this request to comparable projects within California that were managed by and/or include proposed team members. A full listing of company-wide comparable projects can be provided upon request.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 29 E. REFERENCES
La Pata Avenue Extension Off-Site
Mitigation
Orange County Public Works
Michael Baker serves as a key project team
member on an Orange County Public Works
compensatory mitigation project, which
involves the rehabilitation of a riparian
corridor along Arroyo Trabuco Creek within
O’Neill Regional Park in southern Orange
County. Michael Baker implemented the
offsite mitigation components of the Habitat
Mitigation and Monitoring Plans for the
Avenida La Pata Avenue and Camino Del Rio
Extension Projects, which resulted in the
need to re-establish and enhance 15.97
acres of non-wetland riparian habitat. The
re-establishment and enhancement sites
are sited in an overall management area of
100.5 acres of California Department of Fish
and Wildlife associated riparian vegetation.
Because the mitigation site is within an
existing creek system with large stands of
mature habitat, the team predicted immediate
habitat improvement and increasing
biodiversity and topographic complexity.
Safety Element and Environmental
Justice Element
City of Seal Beach
Michael Baker was selected to prepare an update
to the Safety Element and prepare a new EJU.
The project involves a streamlined community
outreach strategy, development of the new EJU
in compliance with state and federal regulations,
an update of the existing Safety Element,
CEQA compliance in the form of an IS/ND and
assistance through the process of plan adoption
by the Planning Commission and City Council.
The project is a strategic update to the Safety
Element for consistency with the recently
updated Housing Element and prepare the EJU
for incorporation into the City’s General Plan.
Community outreach includes web and social
media content and an online survey to gather
and incorporate input. Updates to the Safety
Element account for changing vulnerability to
natural hazards, including a focus on coastal
related hazards. The project also includes
the preparation of an Initial Study/Negative
Declaration under CEQA for the Safety and EJU.
Housing Element Update, Safety
Element Update, and Environmental
Justice Element Preparation
City of San Juan Capistrano
Michael Baker was selected to prepare a
comprehensive update to the Housing Element
and Safety Element. Because the City is updating
two General Plan Elements, the City is also
required to prepare a new Environmental
Justice Element (EJU). Work effort includes a
community outreach strategy, an analysis of
existing safety conditions and housing needs,
development and development of a new EJU.
A comprehensive public engagement plan
was needed in multiple languages, including
special workshops and outreach to areas of
concentrated needs and coordination with
community-based organizations to promote
fair housing and environmental justice. Michael
Baker partnered with multiple community-based
organizations that were especially active during
the pandemic to reach out to these communities
as these groups have existing relationships with
and are trusted by community residents.
Integrated Mitigation Project
Riverside County Transportation Department
The project is comprised of mitigation for
impacts associated with multiple road
improvement projects within the area. The
Integrated Mitigation Site consists of roughly
75 acres of Diegan Coastal Sage Scrub and
forbland habitat. The focus of the project is
restoring a degraded, intermittent creek prone
to flooding during the wet season. Through the
project design, additional intermittent channels
and seasonal wetlands were created in order to
regulate flows within the project site.
The project included the creation of multiple
native habitats, including Western sycamore
scrub, Southern willow scrub, saltgrass meadow,
native grassland, and coast live oak woodland.
Michael Baker prepared a geometric design plan
illustrating the creek layout, grading, alignments,
and stabilization facilities. Michael Baker
landscape architects prepared plans for the
quantities and placement of native species within
each vegetative community. Currently, the site is
in Year 1 of the five-year mitigation monitoring
program.
Completion
Date: Ongoing
Project
Manager:
Anisha Malik
Budget: $1.4M
No. of Tasks: 5
Team Members:
Richard Beck
Faye Stroud
Jim McPherson
Ryan Winkleman
Trina Ming
Scope of Work:
▬ Implementation
Monitoring
▬ Regulatory
Agency
Coordination
▬ UAS Conditions
Assessments
Completion
Date: Ongoing
Project
Manager:
Noelle Steele
Budget: $74,880
No. of Tasks: 6
Team Members:
Casey Marchese
Surabhi Barbhaya
Jim McPherson
Scope of Work:
▬ Updated Safety
Element
▬ New
Environmental
Justice Element
▬ Community
Outreach
▬ CEQA
Compliance
Completion
Date: Ongoing
Project
Manager:
Dan Wery
Budget:
$398,110
No. of Tasks: 1
Team Members:
Surabhi Barbhaya
Shannon Lisko
Jim McPherson
Scope of Work:
▬ Community
Outreach
▬ Existing Safety
Condition
Analysis
▬ New
Environmental
Justice Element
Completion
Date: Ongoing
Project
Manager:
Anisha Malik
Budget:
$1,981,117
No. of Tasks: 1
Team Members:
Ryan Winkleman
Trina Ming
Jim McPherson
TIm Tidwell
Scope of Work:
▬ Implementation
Monitoring
▬ Baseline
Studies
▬ CRAM
Assessment
▬ Long-Term
Management
Plan
COMPARABLE CONTRACTS/PROJECTS IN THE PAST FIVE YEARS (CONTINUED)
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 30 E. REFERENCES
General Plan Update
City of Rolling Hills Estates
Michael Baker is updating the general plan
for the City, ensuring that it reflects the City’s
vision of tomorrow and includes a strong
focus on enhancing sustainability, complying
with changes in state law, and improving the
plan’s usefulness. The general plan is focused
and organized around “placemaking” and
sustainability, while maintaining the guiding
principles needed to preserve the unique
character and the neighborhood areas that
make up the community.
Rolling Hills Estates primarily consists of
small, upscale residential neighborhoods
that accentuate a genuine California ranch
lifestyle. The key components of this
equestrian community’s character include
the natural topography, gently rolling hills,
open vistas across ravines, lush landscape,
relatively low traffic volumes, and small-scale,
low-intensity development.
Michael Baker’s corridor plans will include
streetscape designs that cater to a high-end
community. These plans are considerate of the
area and bring neighborhoods and business
districts together in a cohesive way.
Contract Planning
City of Laguna Woods
As part of an ongoing on-call contract, Michael
Baker is currently preparing a comprehensive
update to the city of Laguna Woods General
Plan, building upon past efforts to update the
safety and conservation elements. As part of
the general plan update, the city revisited its
first general plan and updated the underlying
assumptions, data, and analysis, reassessed
community priorities, and established a new,
long-term 25-year vision. In addition to updates
to the housing, noise, mobility, and land use
elements, the project includes the preparation
of the city’s first wellness element addressing
open space, environmental justice, and health.
Michael Baker also prepared an environmental
impact report for this project.
Laguna Woods has a particularly large
population of residents who are older than
65. This was a major component of policy
development for each general plan element. The
city’s demographics were a significant factor in
the preparation of a climate change vulnerability
assessment.
Safety Update
City of Elk Grove
Michael Baker completed an update of the City’s
General Plan Safety Element and Zoning Code to
comply with SB 5 and CVFPP 200-year floodplain
requirements. Revised Safety Element policies
focus on locating new essential government
service facilities and essential health care
facilities outside of 100-year and 200-year
flood hazard zones; identifying construction
methods or other hardening methods for such
facilities to minimize damage for facilities that
remain in flood hazard zones; providing ongoing
review and revision of 100-year floodplain and
200-year floodplain maps; and working with
regional, county, and state agencies to develop
mechanisms to finance design and construction
of facilities to achieve an urban level of flood
protection.
Educational materials were prepared and
public workshops were conducted to provide
information to residents and property owners in
affected areas. Michael Baker is also preparing
an IS/ND to provide CEQA documentation for the
Safety Element update.
Comprehensive General Plan Update
City of Rancho Santa Margarita
Michael Baker is preparing the city’s
Comprehensive General Plan Update and
associated EIR. The City Council adopted its
first General Plan in December 2002. With the
General Plan being 13 years old, the General
Plan Update was authorized as a Capital
Improvement Project beginning in Fiscal Year
(FY) 2015/16 to ensure that the city’s goals
and policies remain appropriate for the next
10 to 15 years. The focus of the update is to
“refresh” the Land Use, Economic Development,
Conservation/Open Space, Safety, and Noise
elements to address the continued vision for
the city. Additionally, updates will ensure that
all elements are consistent with new state
requirements for general plans.
An “all hands” interactive discussion with
city staff was held to discuss the role
each department plays in the update and
implementation of the General Plan. In addition,
a robust public outreach plan to actively engage
the public during this process was implemented.
Completion
Date: Ongoing
Project
Manager:
Surabhi Barbhaya
Budget:
$821,941
No. of Tasks: 1
Team Members:
Kristen Bogue
Shannon Lisko
Jim McPherson
Noelle Steele
Scope of Work:
▬ General Plan
Update
▬ Sustainability
Planning
▬ Geographic
Information
Systems
Completion
Date: Ongoing
Project
Manager:
Albert Warot
Budget:
$746,158
No. of Tasks: 1
Team Members:
Surabhi Barbhaya
Jim McPherson
Margo Nayyar
Faye Stroud
Scope of Work:
▬ Planning
Assistance
▬ General Plan
Amendments
▬ Zoning
Assistance
Completion
Date: 2021
Project
Manager:
Dan Wery
Budget:
$2,547,818
No. of Tasks: 51
Team Members:
Margo Nayyar
Scope of Work:
▬ General Plan
Safety Element
▬ Zoning Code
Update
▬ Educational
Materials
▬ Public
Workshops
▬ CEQA
Documentation
Completion
Date: 2020
Project
Manager:
Eddie Torres
Budget:
$328,709
No. of Tasks: 1
Team Members:
Jim McPherson
Noelle Steele
Ryan Winkleman
Faye Stroud
Scope of Work:
▬ General Plan
Update
▬ EIR Preparation
▬ Community
Engagement
▬ Website Design
COMPARABLE CONTRACTS/PROJECTS IN THE PAST FIVE YEARS (CONTINUED)
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 31 E. REFERENCES
Multi-Jurisdictional Hazard Mitigation
Plan (MJHMP)
Mono County
Michael Baker prepared a multi-jurisdictional
LHMP and concurrently completed a
community wildfire protection plan for the
County and the Town of Mammoth Lakes. The
team evaluated risks and vulnerabilities to
a range of hazards affecting the County and
identified mitigation actions to make these
communities more disaster resilient and
provide continued eligibility for future federal
mitigation grant funding. The project also
contained a comprehensive implementation
plan, including consistency and coordination
with the County and Town general plans and
other planning documents.
As part of the plan preparation process, the
team conducted community stakeholder
outreach that included key representatives
from federal, state, county, and town staff;
emergency responders; utility providers;
and members of the public, to identify
vulnerabilities and prioritize mitigation
strategies.
Housing and Safety Element Update,
Environmental Justice Element
Preparation
City of Pinole
Michael Baker was selected to prepare a
comprehensive update to the City of Pinole
Housing Element and Safety Element, and create
a new Environmental Justice Element. This work
effort includes a community outreach strategy,
an analysis of existing safety conditions and
housing needs, development and adoption of
updated Safety, Environmental Justice, and
Housing Elements and CEQA compliance.
The project is a strategic update to the Pinole
Housing Element and Safety Element for
incorporation into the City’s General Plan.
Community outreach includes web and social
media content, an online survey, and targeted
virtual outreach meetings to gather and
incorporate input. An analysis of the existing
conditions for the Safety Element and housing
needs will be used to identify safety and housing
concerns and develop a plan with updated and/or
new safety and housing objectives and policies.
Completion
Date: 2019
Project
Manager:
Surabhi Barbhaya
Budget:
$196,898
No. of Tasks: 1
Team Members:
Kristen Bogue
Lindsey Robinson
Scope of Work:
▬ Community
Wildfire
Protection Plan
▬ Mitigation
Action
Identification
▬ Implementation
Plan
▬ Community
Outreach
Completion
Date: 2019
Project
Manager:
Susan Salley
Veazey
Budget:
$481,360
No. of Tasks: 8
Team Members:
Surabhi Barbhaya
Shannon Liska
Casey Marchese
Jim McPherson
Noelle Steele
Scope of Work:
▬ Community
Outreach
▬ Analysis
of Safety
Conditions/
Housing Needs
▬ CEQA
COMPARABLE CONTRACTS/PROJECTS IN THE PAST FIVE YEARS (CONTINUED) Cal OES was VERY complimentary about the
LHMP. [The plan checker] said it is a terrific
plan, very well done, and wanted to know
who our consultant is so she can recommend
to others accordingly.
-Wendy Starks, Principal Planner
City of Rancho Santa Margarita
Dam Inundation Studies and EAPs
Orange County Public Works
Michael Baker was selected to update six
Dam EAPs for Orange County Public Works.
The dams and retarding basins include Agua
Chinon Retarding Basin, Lower Peters Canyon
Retarding Basin, Marshburn Retarding Basin,
Orchard Estates Retarding Basin, Peters Canyon
Dam, and Trabuco Retarding Basin. The work
effort included preparing EAPs for each dam,
submitting drafts for public agency review, and
submitting each EAP to Cal OES for review and
approval. The project included identifying EAP
responsibilities for each dam owner/operator,
EAP Coordinator, impacted jurisdictions,
and public and state agencies. A four-step
emergency response process was developed,
outlining the procedures from incident detection
to termination and follow up. The plan also
identified preparedness capabilities for each
of the dams and the process for maintaining
each EAP was also identified. All the necessary
elements of an effective EAP were identified in
the plan to meet Cal OES requirements and each
of the six dam EAPs were approved.
Completion
Date: Ongoing
Project
Manager:
Mujahid Chandoo
Budget:
$746,158
No. of Tasks: 3
Team Members:
Noelle Steele
Jim McPherson
Scope of Work:
▬ Emergency
Action Plan
Preparation
▬ Submitting EAP
to Cal OES
▬ Submitting
Drafts for Public
Agency Review