HomeMy WebLinkAboutLeonard Charles and Associates 2013-10-30 � �(`j(,(, l 31 K - l 3 3
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AGREEMEN� FOR PROFESSIONAL SERVICES
PREPARATION OF AN EIVi/IRONMENTAL IMPACT REPORT
Talmage Road/Highway 101 Interchange Off-Ramps Realignment
This agreement shall be considered a contract, and is entered into this .30� day of
��2013, by and between the CITY OF UKIAH,a general law municipal corporation,hereinafter
referred to as"CITY"and Leonard Charles and Associates,a partnership, hereinafter referred to as
the "CONSULTANT."
PREMISES
The purpose of this agreement is the preparation and completion by CONSULTANT of an
Environmental Impact Report for the Talmage Road/Highway 101 Interchange Southbound Off-
Ramps Realignment project. The scope of work is more particularly described in the Exhibit "A",
attached to this agreement.
The Environmental Impact Report prepared by the CONSULTANT shall be prepared in such
form and with such content to be consistent with the requirements of the Califomia Environmental
Quality Act (CEQA).
CITY may retain independent contractor to perform special services for CITY or any
department thereof.
�ONSULTAFIT is wiiling and abie io perform duties and render services in preparation and
completion the Environmental Impact Report. This work has been determined to be required by the
City Council to be necessary for the welfare of residents of the GITY.
CITY believes the provision of these services to the residents is in their best interests, and
CONSULTAPIT agrees to pertorm such duties and render such services as outlined below:
AGREEMEN°f
C9TY and CONSULTAMT agree as follows:
ARTICLE 1
SERVIC�S OF CONSULTANT
1.01 CONSULTANT shall provide those technical, expert, and professional
Environmental Impact Report senrices as described in Exhibit"A,"which consisfs of
the scope of services, dated September 25, 2013, which is attached hereto as
Exhibit "A" and incorporated herein. CONSULTANT shall provide such services
within the time limits described in Exhibit"A" and articulated below.
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1.02 The absence, omission, or failure to include in this agreement items which are
conside�ed to be a part of normal procedure for a study of this type or which involve
professional judgement, shall not be used as a basis for submission of inadequate
work or incomplete performance.
1.03 CITY relies upon the professional ability and stated experience of CONSULTANT as
a material inducement to entering into this agreement.CONSULTANT understands
the use to which the CITY will put his work product and hereby warrants that all
information contained in the Environmental Impact Report shall be made and
prepared in accordance with generally accepted professional practices.
1.04 CONSULTANT shall bear the cost of reproduction and postage pursuant to the
provisions detailed in the Scope of Work identified as Exhibit"A."
7.05 CONSULTANT shall delivery Draft and Finai copies ofthe Notice of Preparation and
Notice of Completion.
CONSULTANT shall deliver five(5)printed copies and five(5)electronic copies(MS
Word) of the Administrative Draft Environmental Impact Report (ADEIR) on CD in
substantial compliance with the timeframe indicated in the timeline chart included in
Exhibit"A."
CONSULTANT shall deliver one(1)electronic copy(MS Word)ofthe Screen check
Draft Environmental Impact Report (DEIR) within the timeframe indicated in the
timeline chart included in Exhibit"A."
CONSULTANT shall deliver fifteen (15) printed copies and forty (40) electronic
copies (MS Word) of the Draft Environmental Impact Report (DEIR) on CD in
substantial compliance with the timeframe indicated in the timeline chart included in
Exhibit"A."
CONSULTANT shall deliver one(1)electronic copy(MS Word)ofthe Screen check
Final Environmental Impact Report (FEIR) within the timeframe indicated in the
timeline chart included in Exhibit"A."
CONSULTANT shall deliver fifteen (15) printed copies and forty (40) electronic
copies (MS Word) of the Final Environmental Impact Report (FEIR) on CD in
substantial compliance with the timeframe indicated in the timeline chart included in
Exhibit"A."
1.07 CONSULTANT shall perform any additional services as may be required due to
significant changes in general scope of the project. Such additional services shall be
paid for by supplemental agreement and shall conform to the rates of payment
specified in Article V below.
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ARTICLE II
SERVICES OF CITY
2.07 CITY shall provide any information as to its requirements for performance of the
agreement not already contained in Exhibit"A."
2.02 Upon request,CITY shall provide CONSULTANT any information in its possession
or reasonably available to it that consultant may need to perform services under this
agreement.
ARTICLE III
TERM OF AGREEMENT
3.07 The term of this agreement shall commence on the effective date and shall terminate
when the CITY has formally accepted and certfied the Final Environmentai Impact
Report for the Talmage Road/Highway 101 Interchange Southbound Off-Ramps
Realignment project.
This agreement may be extended on its same terms and conditions upon written
agreement between the City Director of Planning and Community Development and
CONSULTANT.
3.02 The execution of this agreement by the CITY shall constitute the CONSULTANT'S
authority to proceed immediately with the performance of the work described by
Exhibit"A."
3.03 All work by CONSULTANT shall be completed pursuant to Exhibit"A"and paragraph
1.05 above in a reasonable timeframe according to the timeline contained in Exhibit
"A." CONSULTANT shall not be held responsible for delays caused by
circumstances beyond its control.
3.04 CONSULTANT acknowledges that timely performance of services is an important
element of this agreement and will perform services in a timely manner as provided
in paragraph 1.05 above and Exhibit "A.", and consistent with sound professional
practices.
3.05 If Ci7'Y requests significant modifications or changes in the scope of this project the
time of performance shall be adjusted appropriately. The number of days of said
extension shall be the final decision of CITY.
ARTICLE IV
COST OF SERVICES
4.01 CONSULTANT has been selected by the CITY to provide services described in
Exhibit "A," attached hereto and incorporated herein by reference, for which
compensation shall not exceed$48,331.00.
4.02 Cost overruns or failure to perfortn within the maximum compensation ceiling
established in 4.01 above shall not relieve CONSULTANT of responsibilityto provide
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those services specified in Exhibit "A", for a total compensation including
reimbursable expenses not to exceed $48,331.00.
4.03 If unanticipated additional work is required and agreed to by both CITY and
CONSULTANT, CONSULTANT shall submit a supplemental bid proposal for the
additional work,and the City Director of Planning and Community Development shall
have the authority to authorize the additional work.
ARTICLE V
PAYMENT FOR SERVICES
5.01 CITY shall pay CONSULTANT for work required for satisfactory completion of this
agreement in amount to be determined in accordance with the method described in
paragraph 5.02 below.
5.02 Payment scheduling: Total payment not to exceed 548,331.00. Fees for
professional services as outlined herein shall be paid on a time and materials basis.
A detailed explanation of services and associated fees shall be listed on each
invoice submitted by CONSULTANT.
5.03 Payment to CONSULTANT shall be based on an itemized invoice submitted monthly
by CONSULTANT.
5.04 Payments will be made by CITY within thirty (30) days of receipt of invoice from
CONSULTANT.
ARTICLE VI
PROJECT INSPECTION AND ACCOUNTING RECORDS
6.01 Duly authorized representatives of the CITY shall have right of access to the
CONSULTANT'S files and records relating to the project included in the agreement
and may review the work at appropriate stages during performance of the work.
6.02 CONSULTANT must maintain accounting records and other evidence pertaining to
costs incurred, which records and documents shall be kept available at the
CONSULTANT'S Califomia office duringthe contract pe�od andthereafterforthree
(3) years from the date of final payment.
ARTICLE VII
DISPOSITION OF FINAL REPORTS
7.01 All documents and associated materials and backup data as required by this
agreement shall be and shall remain the sole property of CITY.
7.02 CONSULTANT'S attention is directed to the required notice under Govemment
Code Section 7550,which provides that any documents or written reports prepared
as a requirement of this contract shall contain, in a separate section the number and
dollar amounts of all contracts and subcontracts relating to the preparation of those
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documents or reports if the total cost for work by non-employees of the public agency
exceeds $5,000.00.
ARTICLE VIII
TERMINATION OF AGREEMENT
8.07 At any time CITY may suspend indefinitely or abandon the project, or any part
thereof,and may require CONSULTANT to suspend the performance of the service.
In the event the CITY abandons or suspends the project, CONSULTANT shail
receive compensation for services rendered to date of abandonment and
suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03
herein.
8.02 It is understood and agreed that should CITY determine that any part of the work
involved in the program is to be suspended indefinitely, abandoned, or canceled,
said agreement shall be amended accordingly. Such abandonment or cancellation
of a portion of the program shall in no way void or invalidate this agreement as it
applies to any remaining portion of the project.
8.03 If, in the opinion of the CITY,the CONSULTANT fails to perform or provide prompt,
efficient,and thorough service,or if CONSULTANT fails to complete the work within
the time limits provided, CITY shall have the right to give notice in writing to
CONSULTANT of its intention to tertninate this agreement. The notice shall be
delivered to CONSULTANT at least seven (7) days prior to the date of termination
specified in the notice. Upon such termination, CITY shall have the right to take
CONSULTANT'S studies and reports insofar as they are complete and acceptable to
CITY, and pay CONSULTANT for his performance rendered, in accordance with
Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to
terminate, less the amount of damages,generai or consequential,which CITY may
sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations
under this agreement.
ARTICLE IX
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
9.01 HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the
CITY, its agents, officers, and employees against and from any and all claims,
lawsuits, actions, liability, damages, losses, expenses, and costs (including but not
limited to attomey's fees), brought for, or on account of, injuries to or death of any
person or persons including employees of the CONSULTANT, or injuries to or
destruction of property, arising out of,or resulting from,the performance of the work
described herein, provided that any such claim, lawsuit, action, liability, damage,
loss, expense, or cost is caused in whole or in part by any negligent or intentional
wrongful act or omission of the CONSULTANT,any subcontractor,anyone directly or
indirectly employed by any ofthem,or anyforwhose acts any of them may be liable.
CONSULTANT shall have no dutyto indemnify ordefend CITY underthis paragraph
if to the extent the damage or injury is caused by the active and or sole negligence or
willfullywrongful act or omission of CITY or its officers oremployees.CITY agrees to
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timely notify CONSULTANT of any such claim and to cooperate with
CONS1 ULTANT to allow CONSULTANT to defend such a claim.
ARTICLE X
INSURANCE
10.01 CONSULTANT, at its expense, shall secure and maintain at all times during the
entire period of perFormance of this agreement, insurance as set forth in Exhibit"B",
attached hereto, and incorporated herein by reference.
ARTICLE XI
GENERAL COMPLIANCE WITH LAWS
11.01 It is understood and agreed that the CONSULTANT will comply vuith all federal, state
and local laws and ordinances as may be applicable to the performance of work
under this agreement.
11.02 CONSULTANT shall secure a Citv of Ukiah Business License priorto commencing
work.
ARTICLE XIII
NONDISCRIMINATION
12.01 CONSULTANT certfies that it is in compliance with the Equal Employment
Opportunity Requirement of Executive Order 11246,as amended by Executive Order
11375, Title VII of the Civil Rights Act of 1964, the Califomia Fair Employment
Practices Act, and any other Federal or State laws pertaining to equal employment
opportunity and that it will not discriminate against any employee or applicant for
employment on the basis of race, color, religion, handicap, age sex, national origin,
or ancestry, in matters pertaining to recruitment, hiring,training, upgrading,transfer,
compensation, ortertnination.
12.02 In the event of the CONSULTANTS noncompliance with the nondiscrimination
provisions of this agreement,the CITY shall impose such contact sanctions as it may
determine to be appropriate including, but not limited to:
a. Withholding of payments to the CONSULTANT under the agreement until
the CONSULTANT complies, and/or
b. Cancellation, termination, or suspension of the Agreement in whole or in
part.
ARTICLE XIV
INDEPENDENT CONSULTANT
13.01 The CONSULTANT, in accordance with its status as an independent contractor,
covenants and agrees that it will conduct itself consistent wfth such status,that it will
neither hold itself out as nor claim to be an officer or employee ofthe CITY by reason
hereof,and that it will not by reason hereof,make any claim,demand,or application
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to or for any right or privilege applicable to an o�cer or employee of the CITY
including, but not limited to, worker's compensation coverage, unemployment
benefits, and retirement membership or credit.
ARTICLE XV
SUCCESSOR AND ASSIGNMENTS
14.01 The CITY and the CONSULTANT each binds itself, its partners, successors, and
executors, administrators, and assigns to the other party to this agreement, and to
the partners, successors, executors, administrators, and assigns to such party in
respect to all covenants of this agreement.
14.02 Except as stated above, neither the CITY nor the CONSULTANT shall assign,
sublet, or transfer his interest in this agreement without the written consent of the
other, however, the CONSULTANT reserves the right to assign the proceeds due
under this agreement to any bank or person.
14.03 In the case of death of one or more members of the firm of the CONSULTANT, the
surviving member or members shall complete the professional services covered by
this agreement.
ARTICLE XVI
EXTENT OF AGREEMENT
75.07 This agreement shall consist of this agreement,the Scope of WorWServices,dated
September 25, 2013, identified as Exhibit"A", as attached hereto and incorporated
herein, and the insurance requirements set forth in the attached Exhibit"B."
15.02 This agreement constitutes the whole agreement between the CITY and
CONSULTANT and any other representations or agreements are superseded by the
terms of this agreement.
ARTICLE XVII
PARAGRAPH HEADINGS
16.01 The paragraph headings contained herein are for convenience and reference only
and are not intended to define or limit the scope of this contract.
ARTICLE XVIII
NOTICE
77.01 WheneverwrittennoticeisrequiredorpermittedunderthetermsofthisAgreement,
it shall be deemed given and received, if delivered personally,by ovemight courier or
certified or registered mail, or by fax or email(with acknowledgement of receipt),and
48 hours after deposit in the United States mail with properfirst class postage affixed
to the envelop; provided that notice is delivered to the mailing address, or fax or
email address as specified below.
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• CITY: City of Ukiah CONSULTANT/
Civic Center CONTRNCTOR: Leonard Charles& Assoc.
' 300 Seminary Drive 7 Roble Court
Ukiah, California 95482 San Anselmo, CA 94960
FAX: (707) 4636204 FAX:
cstump@cityofukiah.com Ifcharles@comcast.net
ATTN: Charley Stump, Director ATTN: Leonard Charles
Planning and Community Development
ARTICLE XIX
DUPLICATE ORIGINALS
18.01 This agreement may be executed in one or more duplicate originals bearing the
original signature of both parties and when so executed and such duplicate original
shall be admissible as proof of the existence and terms of the agreement between
the parties.
ARTICLE XX
FORUM SELECTION
79.01 CONSULTANT and CITY stipulate and agree that any litigation relating to the
enforcement or interpretation of the agreement, arising out of CONSULTANT's
performance or relating in any wayto the work shall be brought in Mendocino County
and that venue will lie in Mendocino County.
CONSULTANT hereby waives any right it might otherwise have to seek a change of
venue based on its status as an out ofCounty Corporation, or on any other basis.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to
execute this agreement in dupiicate the day and year first above written.
CITY OF UKIAH
�(,.� ��-�v�_i � ,�o
e Chambers, City Manager Date
CONSULTANT/CONTRACTOR
�.�.,� �— �t k�U��40 � �,,,
Leonard Charles IRS IDN Number DatC����1..3
APPROVED AS TO FORM:
D� � . Z9 zai �
Davi apport, Ci y A or ey Date
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Bid Proposal
Preparation of an Environmental Impact Report for the
Talmage Road/Southbound U.S. 101 On-Off Ramp Realignment
Project
September 25, 2013
Prepared for: City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Prepared by: Leonard Charles and Associates
7 Roble Court
San Anselmo, CA 94960
415.454.4575
Introduction
Leonard Charles and Associates (LCA) proposes to prepare a focused EIR on the
proposed Talmage Road/Southbound U.S. 101 On-Off Ramp Realignment Project ("the
project") The following outlines the proposed scope of work to prepare this EIR.
Early Consultation and Project Coordination
We will assist the City in preparing the Notice of Preparation. We will conduct "early
consultation"with Caltrans to make sure all their needs are addressed in the EIR.
We will provide ongoing coordination with City staff to ensure that all City needs are met
and that the project remains on schedule. We will be available for preparing or
reviewing all CEQA-required notices.
Preparation of the Draft EIR
The Draft EIR will begin with an Executive Summary Chapter (Chapter 1) that will in
tabular form summarize impacts and mitigations and the significance of the impacts
before and after mitigation. It will also summarize the project alternatives analysis that is
presented later in the EIR.
This summary will be followed by an Introduction Chapter(Chapter 2) that describes the
purpose of the EIR, the scope of the EIR, the public review and comment process
(including the history of the previous review process), the intended uses of the EIR, and
the organization of the report. The ne� chapter (Chapter 3) will contain a description of
the project location and the project as proposed (including the reasons for the project
and the project objectives). This chapter will include a discussion of Caltrans' input and
requests regarding the proposed design as well as the Caltrans' review process of the
design and the requested exemptions.
The Environmental Impact Analysis Chapter (Chapter 4) will begin with a discussion of
how an Initial Study was prepared for the project and how that Initial Study concluded
that there would be no impact or a less-than-significant impact for many of the impact
areas included in the Environmental Checklist. However, to ensure legal adequacy of
the EIR, we will include an analysis of all Checklist items in the EIR and where there is
clearly no impact or a less-than-significant impact we wili explain the rationale for that
finding and reference the appropriate discussion in the Initial Study.
The chapter wiil also include a list and brief description of other projects or the buildout
potential within the Airport Industrial Park and other vacant lands near the proposed
interchange that could be facilitated or served this project. The EIR will assess the
indirect impacts of this development that would resuit from or be facilitated by the
project.
In many cases the discussion of the direct project impacts may not include new data that
was not presented in the Initial Study. However, CEQA requires a more extensive
Bid Proposal —Talmage Road Interchange EIR Page 1
Leonard Charles and Associates City of Ukiah
presentation of the resource and regulatory setting than is typically done for an Initial
Study. Accordingly, this EIR will provide that setting information.
The Initial Study did not address the indirect impacts of possible future development that
could be facilitated by the project. Accordingly, the EIR will provide a discussion of
these indirect impacts to the degree that they have been identified and assessed in
previous EIRs or area studies, and, more generally, for area buildout that has not been
previously assessed in a CEQA document or area plan.
Following the description of the setting, the significance criteria will be listed. After this,
we will present a list of the impacts the Initial Study identified as not significant and
explain why such a finding is justified. Then, we will present each potential impact and
determine its significance prior to mitigation. Where warranted, mitigation measures will
be presented, and the final impact significance will be described.
The following outlines the major issues to be addressed for the 18 resource areas
presented in the CEQA Environmental Checklist as well as other issues that CEQA
requires be addressed in EIRs.
All additional work and text changes requested by Caltrans will be incorporated into the
EIR. As noted previously, we will confer again with Caltrans at the beginning of EIR
preparation to determine if there are additional items they want addressed.
Geo/ogy and Soils. We will expand on the setting information presented in the Initial
Study and summarize the findings and recommendations of the Geotechnical Report
prepared for the project. These recommendations will be established as mitigation
measures. We will assess the indirect geotechnical impacts of buildout development.
Hydrology and Water Quality. We will expand on the setting information presented in
the Initial Study and provide more data on regulatory requirements forflooding and water
quality protection. Where pertinent, we will provide data on City Code requirements for
protection of water quality during project construction. The Initial Study does not fully
assess the potential increase in pollutants from future interchange improvements, so we
will expand upon that water quality assessment, and may recommend mitigations. We
will assess the indirect hydrologic impacts of buildout development.
Biological Resources. We will expand on the setting information presented in the Initial
Study and summarize the findings and recommended mitigations of the Natural
Environment (Biological) Study. We will clarify if trees are to be removed and, if so, the
number and species. Mitigation will be added to ensure that protocol-level plant surveys
are conducted prior to construction. We will assess the indirect biological impacts of
buildout development.
Cultural Resources. We will summarize the findings and recommendations of the
studies done by the Anthropological Studies Center (ASC). As requested by Caltrans,
we wili have ASC amend their reports to address the nine issues raised by Caltrans,
particularly the need for an expanded Native American consultation. We will assess the
indirect cultural resource impacts of buildout development.
Bid Proposal —Talmage Road Interchange EIR Page 2
Leonard Charles and Associates City of Ukiah
Traffic. We have reviewed the comment letter from Smith Engineering and discussed it
with GHD. We believe that the traffic analysis presented in the Initial Study is essentially
accurate, though it can use some additional explanation as regards how and when the
traffc counts were done to satisfy Caltrans. Accordingly, GHD will update the Traffic
Impact Study for use in an EIR. We will also provide a full discussion of the traffic safety
impacts and how Caltrans has approved the design with the one exception of an
exemption that still need to approve. The impact analysis will be expanded and
formatted to ensure that it addresses the issues raised in the Smith Engineering letter.
Mitigations and revisions recommended by Caltrans will be incorporated. One mitigation
will continue to be to evaluate widening of the overcrossing when traffic volumes reach
existing (2012) with an applied growth factor of 1.25 to 1.30. Based on the traffic
analyses in published documents and what is done for the proposed project, we will
assess the indirect traffic impacts of buildout development. No additional traffic counts
or analyses would be done.
As an optional task, we can provide a discussion of the possible range of impacts that
could result from such future widening. Impacts would be the physical effects o f
constructing the widened overcrossing. We will discuss the mitigations that would
typically be required for such impacts.
Noise. We will expand on the setting information presented in the Initial Study.
Illingworth & Rodkin will conduct an expanded noise analysis to ensure that pertinent
concerns and issues raised in comment letters from Dale LaForest & Associates and
The Acoustics and Vibration Group. This will include the following:
• Noise Monitoring Survey - Additional noise measurements would be made to
address concerns regarding the previous noise survey conducted in January
2012. The noise monitoring survey would occur in fall 2013 and would consist
of a minimum of three long-term noise measurements (24-hours or more) and
three short-term noise measurements. The fall 2013 data set would expand on
the data collected in January 2013. Complete measurements descriptions,
notes, etc. will be provided as backup.
• Traffic Noise Modeling - Additional traffic noise modeling would be required if
traffic data input would be revised as part of the focused EIR. Traffic noise
modeling inputs would be documented and provided as backup.
• Construction Noise Assessment - The construction noise assessment will be
revised to address comments regarding significance thresholds, analysis
methodology, analysis results, and mitigation. Calculations will be provided as
backup.
Based on published documents, we will assess the indirect noise impacts of buildout
development. No additional noise measurements or analysis beyond what has been
already published pius the measurements done for the proposed project will be done.
Air Quality. We will expand on the setting section, especially as regards the regulatory
environment. We will have Illingworth & Rodkin provide additional data to support their
analyses as requested by Caltrans. Based on published documents, we will assess the
Bid Proposal —Talmage Road Interchange EIR Page 3
Leonard Charies and Associates City of Ukiah
indirect air quality impacts of buildout development. No additional air quality analysis
beyond what has been already published will be done.
Greenhouse Gas Emissions. We will provide a more detailed discussion of the effects of
climate change and the current regulatory setting. We will summarize the GHG impacts
as they are discussed in the Initial Study. Based on published documents, we will assess
the indirect GHG impacts of buildout development. No additional GHG analysis beyond
what has been already published will be done.
Visual Resources. We will discuss the visual effects of the proposed project on views
from Highway 101 and surrounding vantage points. We will address the indirect visual
impacts of buildout.
Hazards and Hazardous Materials. We will expand the discussion of the regulatory
setting. We will work with Rau & Associates to expand the discussion of material
handling and other issues raised by Caltrans. We will address the indirect hazard
impacts of buildout.
Land Use and Planning. We will provide a consistency analysis of the project with
General Plan policies as well as pertinent portions of the City Code, the Airport Master
Plan, and the CLUP. We will address the consistency of indirect buildout with the
General Plan land use designation, but will not conduct a policy-by-policy consistency
analysis for all potential new development.
Secondary Resources. We will provide sections explain how the project would have no
impact or a less-than-significant impact on Minerai Resources, Agriculture and Forestry
Resources, Population and Housing, Public Services, Utilities and Service Systems, and
Recreation. However, buildout would result in indirect impacts for all these areas so a
discussion of these indirect impacts would be provided for each section.
Growth-lnducing Impacts. We will discuss whether the project by improving access
would induce additional development in the Airport Industrial Park or other portions of
the City. These impacts will be discussed to the level they can be forecasted. CEQA
does not require mitigations for growth-induced impacts.
Cumulative Impacts. We wiil work with City staff to develop a list of projects to be used
for the cumulative impact analysis. We will also confer with County staff to develop a list
of projects in the incorporated area that may need to be included in this analysis. We
will determine whether the development of these projects plus the interchange project
would cause potentialiy significant impacts. If so, we would determine whether the
project impacts would be an increment of these significant impacts. Where the project
would be an increment, there would be a significant cumulative impact. The next step
would be to determine whether the projecYs increment rises to the level where it would
make a cumu�atively-considerable contribution to the cumulative impact. In that case,
additional mitigation may be warranted and recommended.
Bid Proposal—Talmage Road Interchange EIR Page 4
Leonard Charles and Associates City of Ukiah
Project Alternatives. We wiil compare the project to the four alternatives identified in the
Initial Study as well as the No Project alternative. The impacts will be compared and the
alternatives rated to determine the environmentally superior alternative.
Preparation of the Final EIR
LCA will provide written responses to all written and oral comments received during the
public review period. The Final EIR will also contain any revisions to the text of the
DEIR that are warranted based on comments received.
Mitigation Monitoring and Reporting Plan (MMRP)
LCA will prepare an MMRP for the propjet for inclusion in the FEIR.
Meetings and Public Hearings
We will attend one public hearing on the DEIR and one on the FEIR. We will also attend
a Scoping Meeting (and a second if one is held for public agencies in the same day).
Schedule and Deliverables
We will submit the following:
Deliverable Quanti Submittal Date
First Administrative Draft EIR 2 electronic copies 4 weeks after NOP circulation
(1 each in Word and Adobe is completed
pdfl
2 hard co ies
Second Administrative DEIR 2 eiectronic copies 2 weeks after receipt of all
(1 each in Word and Adobe comments on the preceding
pd�
5 hard co ies
Public Review Draft EIR 50 CD copies (Adobe pdfl 1 week after receipt of all
20 hard copies comments on the preceding
2 eiectronic copies
(1 each in Word and Adobe
d
Draft Response to Comments 2 electronic copies 4 weeks after close of public
(1 each in Word and Adobe review period on the
d recedin
Administrative Final EIR& 2 electronic copies 2 weeks after receipt of all
MMRP (1 each in Word and Adobe comments on the preceding
d
Final EIR & MMRP 25 CD copies(Adobe pd� 1 week after receipt of all
20 hard copies comments on the preceding
2 electronic copies
(1 each in Word and Adobe
d
Bid Proposal —Talmage Road Interchange EIR Page 5
Leonard Charles and Associates City of Ukiah
Cost
Hourly rates are:
L. Charies $175
L. Milliman $150
J. Charles $110
Clerical $60
The attached Cost Sheet presents the projected hours and costs. LCA will bill the City
on a time-and-materials basis for a cost not to exceed the total shown in the Cost Sheet.
Optional Work and Cost Assumptions
1. LCA can supply the qualitative analysis of potential impacts of future widening of
the overpass for an additional $800.
2. If the City wishes, we could prepare the EIR to assess buildout impacts as
indirect impacts of the project. This would require an amendment of this scope of
work and cost.
3. Attendance of Leonard Charles at additional public hearing would cost$1,050.
4. Responding to comments on the Draft EIR will be limited to 40 hours of work.
This is based on the standard rate of taking '/ hour per comment (to read,
assess, write draft response, edit, and write and format final response). If an
unexpected number of comments are received that would require additional
response, this would be done under an amendment to the contract.
Bid Proposal—Talmage Road Interchange EIR Page 6
Leonard Charles and Associates City of Ukiah
LCA Labor Effort Hours ubconsultants and Direct Cos
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:Pn�i�,:�`a=�:;.`�:+=::r: ^;sk=�-�.x»,o; :�13;'<�$1t`�i��: ':;'.&..1,.. ° >'if :'�. � :.+�,u,...�B�af,:'t��':ti'-a _ - -.�:.,e,� _ _:�., _ az. uu.,_,s.: _ -
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c ..........��. . .. .. .. .. . {''a;.�'-.:� ... r:a..:..:Y .�.+:�.. . �fuS��... a:%=� ",�Cti:P.,-a:�`r r�-3 t�:.i.,;y
.� ro ect f anagement an ar y onsu tatwn 14 �� 2, 16 $2 670 $0 $0 $2 670
2. Pre ara First 8 Second Administrative Drafts of EIR 2fi 2fi $1 560 $50 $50 $5 $1 615
Ezecutive Summa Cha ter 2 4 6 $790 $0 $0 $790
Introduction Cha ter 2 4 6 $790 $0 $0 $790
Pro ect Descri tion Cha [er 3 5 6 S7 075 $0 $0 $1,075
Environmental Im actAnal sisCha �er 0 $0 $0 $0 $0
Trafiic 4 B 12 $7580 $2,900 $2,900 $290 $4770
Noise 5 5 $750 $8,460 $8,460 $846 $10 O56
Cultural Resources 3 3 5330 $900 $900 $90 $7 320
Land Use and Plannin 7 5 12 $1 600 $0 $0 $1 600
Air 4uali and GHG 3 2 5 70 $1 375 $o $o $1,375
Olher Resouroe Sections 6 10 16 $2150 $0 $0 $2,750
To ical Issues Cha ter 0 $0 $0 $0 $0
Pro'ectAlternatives 6 fi 12 $7 710 $0 $0 $1 770
Cumulative and Growth-Inducin Im acts 4 4 8 $7 140 $0 $0 $1 140
3. Pre are Draft EIR 2 2 6 6 16 $1 67U $435 $2,100 $2,535 $254 $4 459
4. Pre areAdminlstrativeFlnalElR 8 4 B 8 20 $3360 $2,152 $100 $740 $50 $3,042 $304 $6706
5. Pre areFinalElR 6 6 6 1B $2070 $450 $450 $45 $2565
7. Pra are Miti ation Monitorin and Re ortin Pro ram 3 1 4 E390 $o $0 $390
8. Pu61ic Hearin slMeetin s 3 18 78 $3,150
$0 $0 $3,150
TO7AL HOUR5 78 20 79 47 224
TOTAL COSTS $13,650 $3 000 $8,690 $2,820 $28,160 $5 487 $1,000 $9 200 $2,650 $18,337 $1,834 $48 337
Talmage Roatl/nterchenge EIR-B!d Proposel-Cost Est/mate Page 7
ciry of Ukiah Leonard Charles Associates
c-tz�k,iak
C�/LJ�B' 1 6i�99
�seri
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees or
subcontractors.
I. Minimum Scooe of Insuranc�
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial Geaeral Liability coverage (Form No. CG 20
10 10 01 and Commercial General Liability—Completed Operations Form No. CG 20 37
10 01).
B. Insurance Senrices Office form number CA 0001 (Ed. 1/87)covering Automobile Liability,
code 1 (any auto).
C. Worker's Compensation insurance as required bythe State of Califomia and Employer's
Liability Insurance.
81. Minimum Limits of Insuran�e
Contractor shall maintain limits no less than:
R. Ge^eral Liability: �2,000,000 peroccurrenc2 fcrbodilyinjury,personal injury•a�d property
damage includina operations, peoducts and comnieted oaerations. If Commercial
General Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shail apply separately to this projecUlocation or the general
aggregate limit shall be fi,vice the required occurrence limit. Insurance must be written on an
occurrence basis.
B. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
Insurance must be written on an occurrence basis.
C. Worker'sCompensationEmployer'sLiability:$1,OOO,QOOperaccidenYforbo�i!yinjGryor
disease.
III. Deductibles and Self-Insured Retentiorss
Any deductibles or self-insured retentions must be declared to and approved by the City.
The City may require the insurer to reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officers, officials, employees and volunteers; or the
Contractor to provide a financial guarant2e satisfactoryto the City guaranteeing payment of
10
losses and related investigations, claim administration and defense expenses;orto approve
the deductible without a guarantee.
IV. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain,or be endorsed
to contain, the following provisions:
A. The City, its officers, officials, employees, and volunteers are to be covered as
ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of
work or operations performed by or on behalf ofthe Contractor including materials, parts or
equipment,fumished in connection with such work or operations. General liability coverage
can be provided in the form of an endorsement to the Contractor's insurance, or as a
separate owner's policy.
B. The workers'compensation policy is to be endorsed with a waiver of subrogation.
The insurance company, in its endorsement, agrees to waive all rights of subrogation
against the City, its officers, officials, employees and volunteers for losses paid under the
terms of this policy which arises from the work performed by the named insured forthe City.
NOTE: You cannot be added as an additional insured on a workers'compensation policy.
C. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance with respect to the City,its officers,officials,employees,and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,employees, or
volunteers shall be in excess of the Contractor's insurance and shall not contribute with it.
D. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by either party, except after thirty (30) days' prior written notice by
certified mail, retum receipt requested, has been given to the City.
E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity
coverage forthe active negligence of the additional insured in any case where an agreement
to indemnify the additional insured would be invalid under Subdivision (b)of Section 2782 of
Civil Code.
V. RATING-Acceatabilitv of Insurers
Insurance is to be placed with admitted Califomia insurers with a current A.M. Best's rating
of no less than A-for financial strength,AA for lang-term credit rating and AMB-1 for short-
term credit rating.
VI. Verification of Coveraae
Contractor shall furnish the City with original certificates and amendatory endorsements
affecting coverage required by this clause. The endorsements should be on forms
provided by the City. If endorsements are on forms other than the City's forms, those
endorsements or policies must provide coverage that is equivalent to or better than the
forms requested by the City. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications at any time.
11
VII. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
12
Cit��4
EVLJI�I� 66�79
sse�
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees or
subcontractors.
I. M7nimum Scoae of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20
10 10 01 and Commercial General Liability—Completed Operations Form No. CG 20 37
10 01).
B. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability,
code 1 (any auto).
C. Worker's Compensation insurance as required bythe State of California and EmployePs
Liability Insurance.
II. Minimum Limits of Insuranc�
Con4ractor shall maint�in limits no less than:
A. General Liability:$2,000,000 peroccurrenceforbodilyinjury, personal injuryand property
damage includinp operations. qroducts and comaleted operations. If Commercial
General Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice fhe required occurrence limit. Insurance must be�vritten on an
occurrence basis.
B. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
Insurance must be written on an occurrence basis.
C. Worker'sCompensationEmployer'sLiability:$1,000,OOOperaccidentforbodilyinjuryor
disease.
III. Deductibles and Self-Insurecl Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
The City may require the insurer to reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officers, officials, employees and volunteers; or the
Contractorto provide a financial guarantee satisfactory to the City guaranteeing payment of
10
losses and related investigations, claim administration and defense expenses;orto approve
the deductible without a guarantee.
IV. REQUIRED Insurance Provisions
Proof of general liability a�d automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
A. The City, its officers, officials, employees, and volunteers are to be covered as
ADDITIONAL INSURED with respect to liability arising out of automobiles owned, ieased,
hired or borrowed by or on behalf of the contractor;and with respect to liability arising out of
work or operations perFormed by or on behalf of the Contractor including materials, parts or
equipment,fumished in connection with such work or operations. General liability coverage
can be provided in the form of an endorsement to the Contractor's insurance, or as a
separate owner's policy.
B. The workers'compensation policy is to be endorsed with a waiver ofsubrogation.
The insurance company, in its endorsement, agrees to waive all rights of subrogation
against the City, its officers, officials, employees and volunteers for losses paid under the
terms of this policy which arises from the work performed by the named insured forthe City.
NOTE: You cannot be added as an additional insured on a workers'compensation policy.
C. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurence with respect to the City, its officers,afficials,employees,and volunteers.
Any insurance or self-insurance maintained by the City, its offcers, officials,employees, or
volunteers shall be in excess of the Contractor's insurance and shall not contribute with it.
D. Each insurance policy required by this clause shail be endorsed to state that coverage
shall not be canceled by either party, except aRer thirty(30) days' prior written notice by
certified mail, retum receipt requested, has been given to the City.
E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity
coverage for the active negligence of the additional insured in any case where an agreement
to indemnifythe additional insured would be invalid under Subdivision(b)of Section 2782 of
Civil Code.
V. RATING -Acceatabilitv of Insurers
Insurance is to be placed with admitted Califomia insurers with a current A.M. BesYs rating
of no less than A-for financial strength,AA for long-term credit rating and AMB-1 for short-
term credit rating.
VI. Verification of Coveraae
Contractor shall furnish the City with original certificates and amendatory endorsements
affecting coverage required by this clause. The endorsements should be on forms
provided by the City. If endorsements are on forms other than the City's forms, those
endorsements or policies must provide coverage that is equivalent to or better than the
forms requested by the City. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications at any time.
11
VII. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
12