HomeMy WebLinkAboutSMB Environmental, Inc. 2016-12-07AGREEMENTFOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this day of D f< -- "?�°Y016 ("Effective
Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and
AMB Environmental, Inc. , a Corporation organized and in good standing under the laws of the
state of California, hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to Preparation of an Environmental Impact
Report for the Ukiah Landfill Closure Project.
b. Consultant represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement.
C. City and Consultant agree upon the Scope -of -Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope -of -Work (Attachment "A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written
agreement between City and Consultant. The written Agreement shall be in the form of
an Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required
by the Scope -of -Work upon receipt of a Notice to Proceed from City and shall complete
such services within approximately 270 days from receipt of the Notice to Proceed.
Consultant shall complete the work to the City's reasonable satisfaction, even if contract
disputes arise or Consultant contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $147,977. Labor charges shall be
based upon hourly billing rates for the various classifications of personnel employed by
Consultant to perform the Scope of Work as set forth in the attached Attachment B,
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which shall include all indirect costs and expenses of every kind or nature, except direct
expenses. The direct expenses and the fees to be charged for same shall be as set
forth in Attachment B. Consultant shall complete the Scope of Work for the not -to -
exceed guaranteed maximum, even if actual time and expenses exceed that amount.
4.2 Changes. Should changes in compensation be required because of changes to the
Scope -of -Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope -of -Work" means different activities than those
described in Attachment "A" and not additional time to complete those activities than the
parties anticipated on the date they entered this Agreement.
4.3 Sub -contractor Payment. The use of sub -consultants or other services to perform a
portion of the work of this Agreement shall be approved by City prior to commencement
of work. The cost of sub -consultants shall be included within guaranteed not -to -exceed
amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of the invoice less any amount already paid to Consultant,
which amounts shall be due and payable thirty (30) days after receipt by City. The
invoices shall provide a description of each item of work performed, the time expended
to perform each task, the fees charged for that task, and the direct expenses incurred
and billed for. Invoices shall be accompanied by documentation sufficient to enable City
to determine progress made and to support the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely
responsible for its acts or omissions. Consultant (including its agents, servants, and
employees) is not the City's agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent
contractor and not an employee, joint venturer, or partner of City for any purpose
whatsoever. City shall have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed by Consultant
under this Agreement, and the general public and all governmental agencies regulating
such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the relationship of employer
and employee between Consultant and City.
Consultant shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other benefits
required by law for himself and his employees, if any. Consultant agrees to indemnify
and hold City and its officers, agents and employees harmless from and against any
claims or demands by federal, state or local government agencies for any such taxes or
benefits due but not paid by Consultant, including the legal costs associated with
defending against any audit, claim, demand or law suit.
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Consultant warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely
to City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Consultant has a disclosure obligation under the City's
local conflict of interest code, the Consultant shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager's determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, surviving the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage —
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant's
profession. Architects' and engineers' coverage is to be endorsed to
include contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage including operations,
products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the
general aggregate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed
per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
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3. Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects to the City, its officers,
officials, employees and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
General Liabilitv and Automobile Liability Coveraqes
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products
and completed operations of the Consultant, premises owned,
occupied or used by the Consultant, or automobiles owned, hired
or borrowed by the Consultant for the full period of time allowed by
law, surviving the termination of this Agreement. The coverage
shall contain no special limitations on the scope -of -protection
afforded to the City, its officers, officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance
as respects 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 Consultant's insurance and shall not contribute with
it.
C. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The 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.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work, pursuant to this Agreement.
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3. Professional Liability Coverage
If written on a claims -made basis, the retroactivity date shall be the
effective date of this Agreement. The policy period shall extend from one
year from the final completion of scope of work.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB -1 for short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any
time. If Consultant fails to provide the coverages required herein, the City shall
have the right, but not the obligation, to purchase any or all of them. In that
event, the cost of insurance becomes part of the compensation due the
contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
Consultant shall include all subcontractors or sub -consultants as insured under
its policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub -consultant. All coverage for sub -contractors or sub -consultants
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the
termination of this Agreement, to indemnify the City for any claim, cost or liability that
arises out of, or pertains to, or relates to any negligent act or omission or the willful
misconduct of Consultant in the performance of services under this contract by
Consultant, but this indemnity does not apply to liability for damages for death or bodily
injury to persons, injury to property, or other loss, arising from the sole negligence, willful
misconduct or defects in design by the City, or arising from the active negligence of the
City.
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"Indemnify," as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include
all costs associated with defending the claim, including, but not limited to, the fees of
attorneys, investigators, consultants, experts and expert witnesses, and litigation
expenses.
References in this paragraph to City or Consultant, include their officers, employees,
agents, and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or
reports and supportive data prepared by Consultant under this Agreement are owned
and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no
additional cost to City. Deliverables are identified in the Scope -of -Work, Attachment "A".
All documents produced by Consultant shall be furnished to City in digital format and
hardcopy. Consultant shall produce the digital format, using software and media
approved by City.
7.2 Governing Law. Consultant shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments
set forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement
of both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant
shall not assign, transfer, or sub -contract its interest or obligation under all or any portion
of this Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement
shall be a waiver of any other or subsequent breach of the same or any other covenant,
term or condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of
the Agreement; 2) because funds are no longer available to pay Consultant for services
provided under this Agreement; or 3) City has abandoned and does not wish to complete
the project for which Consultant was retained. A party shall notify the other party of any
alleged breach of the Agreement and of the action required to cure the breach. If the
breaching party fails to cure the breach within the time specified in the notice, the
contract shall be terminated as of that time. If terminated for lack of funds or
abandonment of the project, the contract shall terminate on the date notice of
termination is given to Consultant. City shall pay the Consultant only for services
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PAGE 6 UP 7
performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Consultant shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, subject to off -set for any direct or consequential damages City may incur as
a result of Consultant's breach of contract.
7.9 Duplicate Originals. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. When so signed, each such document shall
be admissible in administrative or judicial proceedings as proof of the terms of the
Agreement between the parties.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered or deposited in the mail (certified or registered) addressed to the
parties as follows:
CITY OF UKIAH SMB ENVIRONMENTAL, INC
DEPT. OF PUBLIC WORKS ATTN: STEVE BROWN
300 SEMINARY AVENUE P.O. BOX 381
UKIAH, CALIFORNIA 95482-5400 ROSEVILLE, CA 95661
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
PRINT NAME: �f-t'!�� 13��: c✓i�
)7- gyllor 7
IRS IDN Number
CITY OF UKIAH
BY: .w
ITY MANAGER
ATTEST
Z-i�LCITY CLERK
Std – ProfS—Agreement- November 20, 2008
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Date
Date
Date
i - ,-7 J i?
Attachment "A"
Proposal — Prepare EIR for Landfill Closure Project City of Ukiah
SECTION 2 — SCOPE OF WORK
This section provides the specific tasks that the SMB Team will employ to carryout our approach as
described in Section 1 and to successfully complete this assignment. Our experience has demonstrated
that a task -based approach to the work provides opportunities to concisely meet project objectives,
ensures frequent and timely opportunities for review and input, and facilitates the adherence to project
schedule and budget, thereby making for optimum and efficient use of staff resources.
TASK 1 - PREPARE PROGRAM DESCRIPTION AND ALTERNATIVES
The SMB team will conduct an initial site visit and a coordination meeting with the City staff and EBA. In
addition, SMB will then prepare an accurate description of the Project and associated alternatives using
existing information on the Proposed Program as provided by the City and/or EBA. The details of the
Final Closure Plan will be clearly presented in the EIR Project Description Section and those details will
be analyzed in the appropriate resources section. Specifically, we will use the project description from
the IS/MND as a starting place for describing the main features of the Final Closure Plan. In addition, the
SMB Team will work with the City and EBA to develop a complete and concise description of the Project
that articulates the Project's goals and objectives, the geographic location and footprint for all the
physical improvements associated with the Proposed Project, and a comprehensive description of the
Proposed Project's technical, operational, economic, engineering, and construction features/details as
well as reasonable alternatives to avoid or reduce potentially significant impacts, including the No
Project Alternative. We will work closely with City Staff and EBA Engineering to make sure that we fully
understand the components of the Final Closure Plan. The Final Closure Plan has several components
that will improve the environment from the existing setting. These elements include:
• Final Cover Design;
• Final Grading, Drainage, and Erosion Control;
• Landfill Gas Control;
• Landfill Leachate Control; and
• Construction Quality Assurance
After closure activities the Final Post Closure Maintenance Plan (FPCMP) will be implemented.
Maintenance activities will include:
• Final cover inspection and maintenance;
• Landfill settlement monitoring and maintenance;
• LFG monitoring and maintenance;
• Groundwater systems monitoring and maintenance;
• Storm water monitoring;
• Access road/bench maintenance;
• Drainage systems inspection and maintenance; and
• Site security inspection and maintenance.
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Proposal — Prepare EIR for Landfill Closure Project
City of Ukiah
Changes in the Project Description in an EIR after environmental analysis has commenced can result in
having to redo that analysis and can be expensive. Therefore, SMB will prepare and submit an
electronic copy of the Project Description and Alternatives Chapter for the EIR for internal team review
to ensure that we are all on the same page before extensive environmental analysis is started. After the
City's internal team review and comment, this will be the basis for moving forward with the preparation
of the focused EIR.
TASK 2 - PREPARE NOTICE OF PREPARATION (NOP)
SMB will prepare the Notice of Preparation (NOP) to meet CEQA requirements. The NOP will include a
summary of the Project Description and alternatives as developed above and will identify the range of
issues that will be considered in the EIR in addition to those issues anticipated to have no or less than
significant impacts. SMB will prepare and submit an electronic copy of an Administrative Draft NOP for
internal team review and comment. Upon receipt of a consolidated set of comments, SMB will then
prepare copies of the NOP to undergo the 30 -day public review. SMB will deliver the required copies to
the State Clearinghouse, the Interested Party List, and Mendocino County on behalf of the City.
TASK 3 - CONDUCT SCOPING MEETINGS
SMB proposes to conduct two (2) public scoping meetings to receive oral and written comments on the
previously released NOP for the EIR. SMB will prepare a power -point presentation to introduce the
Project, the CEQA process, provide a sign -in sheet for attendees, answer questions related to the CEQA
process, and compile notes regarding comments and issues raised at the meeting. After completion of
the 30 -day public review of the NOP, SMB will compile and summarize the major written and oral public
comments in a brief memorandum and identify our approach to addressing these issues in the focused
EIR.
TASK 4 - CONDUCT AGENCY CONSULTATION
SMB staff will informally consult with the agencies and/or the interested parties that provided
substantive comments during the NOP process or have expressed interest in a specific component of the
project implementation. We have found that proactive and direct consultation with involved state,
federal, and/or local agencies and other interested parties such as Vincy Springs Resort early -on during
the preparation of the EIR can help resolve issues and misunderstandings resulting in significant time
and cost savings. SMB will prepare and deliver an electronic copy of all meeting notes to the City from
each meeting with various agencies or individuals as identified above.
TASK 5 - PREPARE ADMINISTRATIVE DRAFT EIR
SMB will prepare an Administrative Draft EIR, consistent with CEQA requirements. First, SMB will
compile comments from the NOP review process to refine the scope of services and consideration in the
EIR. SMB will evaluate the Proposed Project and alternatives consistent with CEQA requirements. The
Administrative Draft EIR will contain the following contents:
November 2016 Page 5
Proposal — Prepare EIR for Landfill Closure Project City of Ukiah
• Executive Summary
• Goals and Objectives of the Project
• Documents Incorporated by Reference
• Description of the Proposed Project and Alternatives
• Description of existing environmental conditions within the Project area
• A discussion of potential environmental impacts associated with implementation of the Proposed
Project using criteria outlined in CEQA guidelines
• Description of mitigation measures for identified potentially significant environmental effects
• Discussion of a reasonable range of alternatives to be evaluated to reduce and/or avoid any
identified environmental impacts identified above.
• Documentation of consultation and coordination with interested federal, state, and/or local
agencies
• List of Preparers
• References and supporting information
It is our opinion that the January 2016 IS/MND, prepared by EBA was a through document that can and
should be built upon in a/the subsequent EIR. However, it appears that the adjacent landowner, Vichy
Springs Resort, have specific issues with some of the conclusions with Aesthetics/Visual, Air Quality,
Hydrology/Geology, Noise, Traffic sections as well as CEQA procedural protocols. It is our opinion that
the other resource areas that have not been commented upon should be able to rely upon the analysis
provided in the Initial Study/MND. These resource areas will be summarized in an EIR Chapter "Other
CEQA Considerations" and a typical analysis might only need a few paragraphs to summarize the
findings in the Initial Study/MND. This approach will save the City a significant amount of time and
money by not wasting time and energy on issues that have already been resolved. Our approach would
be to prepare a focused EIR document per CEQA Guidelines Section 15063(c)(3)) and which primarily
highlights and focuses extensively on these issues. Specifically, our approach is to include full EIR
Chapters for the following key resource areas:
AESTHETIC/VISUAL
The SMB Team will prepare an aesthetics/visual analysis in and attempt to help resolve the issues
associated with the Vichy Springs Resort and their view of the Ukiah Landfill. We understand that they
are primarily concerned that the synthetic cover would look like AstroTurf and would not blend in with
the natural setting of the area. Specifically, they are concerned that if the cover was green it would stick
out in the summer as the natural vegetation is typically brown. And vice versa - if the cover was brown
in the winter when the hills are green, it would stick out as being brown. We have been in discussions
with EBA and manufacturers of synthetic covers and will provide visual simulations of what the various
colors could be to blend in. For instance, they can manufacture the covers in almost any color that you
November 2016 Page 6
Proposal - Prepare EIR for Landfill Closure Project City of Ukiah
want and can blend in to the natural environment. Perhaps a combination of a brown and green cover
would blend in the best for this location. For this section, we propose to work with the City and Vichy
Springs during the NOP and Scoping Process and develop visual simulations of the view -shed with a
synthetic cover as provided in the simple examples below. These are crude examples and actual visual
simulations will be more robust and from different angles and views from Vichy Springs Resort.
Aerial of Landfill in Natural State
Example Visual Simulation of Site with Green Synthetic Cover
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Proposal — Prepare EIR for Landfill Closure Project City of Ukiah
Example Visual Simulation with a Brown Synthetic Cover
Example Simulation of a Green and Brown Synthetic Cover
In addition, we will provide visual simulations for the changing seasons and other examples as necessary
to provide an adequate visual simulation analysis for the EIR.
[AIR QUALITY
The SMB Team will conduct an air quality analysis in accordance with guidance from the MCAQMD CEQA
Air Quality Guidelines. The SMB Team will evaluate emissions from project construction and operation.
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Proposal — Prepare EIR for Landfill Closure Project City of Ukiah
The analysis would be conducted for daily and annual emissions of carbon monoxide (CO), nitrogen
oxides (NOx), reactive organic gases (ROG), sulfur oxides (SOx), particulate matter less than 10 microns
(coarse or PM10), and particulate matter less than 2.5 microns (fine or PM2.5). The Mendocino County
Air Quality Management District (MCAQMD) is currently designated "nonattainment" for state and
national ozone ambient air quality standards for PM10. The overall goal of the air quality analysis would
be to help ensure that the proposed project would be constructed and operated in compliance with
CEQA, the MCAQMD PM10 Attainment Plan, and applicable air quality regulations.
The key components, assumptions, data sources, methodology, and goals for the air quality analysis
would be formalized in consultation and coordination and in the form of a Technical Report. The air
quality analysis would identify all applicable mitigation measures available to reduce potentially
significant air quality impacts. The air quality analysis would address particulate matter, fugitive dust,
and combustion emissions, health impacts, naturally occurring asbestos, and greenhouse gas (GHG)
emissions associated with the construction and operational activities with the proposed project.
Specifically, the SMB Team will:
• Prepare a summary of the regional and local air quality setting as the setting pertains to the
project. Also summarize the local and regional meteorology, topographic factors affecting
pollutant dispersion, and ambient air monitoring data. Current air quality management efforts
that may have an effect on the project will also be identified as well as sensitive air pollutant
receptors in the vicinity of the proposed project.
• Estimate average short-term construction (including fugitive dust) and long-term operation -
related criteria air pollutant emissions associated with the proposed project. The estimates will be
prepared using the California Air Resources Board's CalEEMod, EMFAC, and OFFROAD emission
models. Identify whether the air quality emissions from these activities would exceed applicable
significance thresholds.
• Based on applicable laws, policies, and regulations, develop significance criteria to be applied to
the air quality impact analysis. Assess the level of impact based on the identified significance
criteria and the air quality levels for the project.
• In support of the quantification of GHG emissions from construction and operational activities,
prepare a summary of statewide planning efforts relative to climate change and the generation of
GHG emission, including Assembly Bill 32, Executive Order S-01-07 and the reporting and
recommendations to date of the California EPA Climate Action Team. As appropriate use GHG
information contained in the Initial Study/MND Appendix C (Greenhouse Gas Emissions Study
prepared by Illingworth & Rodkin, Inc.).
NOISE
The SMB Team will conduct a noise analysis focused on temporary construction activities of the
proposed project, which would require the use of heavy construction equipment and on -road haul truck
trips. Operation would not likely generate a substantial amount of noise because it would only entail on -
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Proposal — Prepare EIR for Landfill Closure Project City of Ukiah
going environmental monitoring and maintenance. The noise analysis will address impacts at nearby
sensitive receptors, which include the Vichy Springs Resort and single-family residences south of the
project site.
Several short-term (typically 10 minutes) noise measurements will be performed at locations in the
vicinity of the project site and at sensitive receptors. Noise from heavy construction equipment and on -
road haul trucks will be modeled and noise levels will be estimated at nearby sensitive receptors.
Compliance with noise standards in the Mendocino County Noise Element of the General Plan and
exterior noise limit standards in the Mendocino County Municipal Code will be discussed. Specifically,
the SMB Team will:
• Provide background information on noise and vibration and analysis of project noise and
vibration.
• Summarize applicable noise regulations, policies, and standards, including those contained in
Mendocino County Noise Element of the General Plan and exterior noise limit standards in the
Mendocino County Municipal Code.
• Conduct several short-term noise measurements (typically 10 minutes) in the project area to
describe existing levels at the project site and at nearby sensitive receptors.
• Describe and discuss any existing major noise sources in the project area.
• Identify the noise -sensitive land uses or activities that could be affected by the proposed project.
• Based on applicable laws, policies, and regulations, the noise analysis will develop significance
criteria to be applied to the impact analysis. The analysis will assess the level of impact based on
the identified significance criteria and the noise modeled for the proposed project.
• Analyze noise from construction and project operations. Noise from construction will be
estimated based on the construction schedule and equipment list provided by the Applicant.
• Identify feasible and appropriate mitigation measures to avoid or reduce adverse noise impacts.
• Consider potential cumulative noise impacts resulting from the proposed project with other
past, present, and reasonably foreseeable future projects affecting noise conditions.
Additionally, we will identify any noise or vibration impacts that cannot be reduced to less -than -
significant levels.
• Prepare a Noise Section for the EIR (Administrative Draft and Draft) based on the noise analysis.
HYDROLOGY/GEOLOGY
The SMB Team will address the potential hydrology and water quality -related impacts of the proposed
project in accordance with CEQA requirements. These consist of stormwater quality, surface drainage
and erosion, creek flow and water quality, and flooding. Our evaluation will include surface water issues
associated with ongoing leachate management and disposal. The impact assessment of surface water
will address whether implementation of the proposed project would result in environmental impacts as
defined under CE(2A. Under our approach, the SMB Team will:
• Develop a regional and site-specific hydrologic setting using information from flood risk maps,
other background materials, information available from the City, and site reconnaissance. We
November 2016 Page 10
Proposal — Prepare EIR for Landfill Closure Project
will identify significant surface drainage features.
City of Ukiah
• Perform a site reconnaissance of the Ukiah Landfill, surrounding vicinity, and surface water
features.
• Review proposed closure plans as relevant to site hydrology and use this review to evaluate
proposed stormwater management measures for their effectiveness in reducing stormwater
quality impacts and providing sufficient surface drainage.
• Summarize policies and regulations of the jurisdictional agencies that apply to the project,
constraints that these policies and regulations pose to the project, and compliance activities or
permits required by these agencies.
• Assess potential hydrology -related impacts of the proposed plan at the project level. Assess the
potential for the project to adversely affect storm water quality, drainage, flooding, and erosion.
The impact analysis will specifically consider the project's impacts on local surface water
features (unnamed water features).
• Describe and evaluate storm water facilities proposed under the project in the context of onsite
erosion, sedimentation, and offsite impacts associated with erosion and flooding.
• Evaluate groundwater beneath the site using current available groundwater information. Impact
analysis will consider groundwater occurrence, flow direction, recharge potential, and potential
for changes in groundwater flow and quality. This analysis will focus on potential adverse
impacts to neighboring sites, especially Vichy Springs Resort.
• Identify mitigation measures for identified impacts and evaluate their potential effectiveness.
Issues associated with geology and geologic hazards are not expected to represent unique potential
impacts under CEQA. However, the Geology and Soils section will address pertinent CEQA issues as
related to the proposed landfill cover and closure. Geologic issues include the stability of slopes and
landfill cover integrity under static forces (i.e. gravity) and dynamic forces (i.e. earthquake ground
shaking), especially in an area where slopes will contact shallow groundwater. Although this project is
not in a region of comparably high seismicity, grounds shaking or improperly engineered slopes could
cause slope failure resulting in property loss, operational delays, and to a lesser extent, i injury or loss of
life. Under our scope the SMB Team will:
• Develop the regional and local geologic setting using available data and information from the
source including the U.S. Geological Survey (USGS), the California Geological Survey (CGS), and
Mendocino County. No additional geologic testing is included in this scope of work.
• Identify and plot the major earthquake fault systems and discrete faults in the region, their
November 2016 Page 11
Proposal — Prepare EIR for Landfill Closure Project
City of Ukiah
distance to the project site, earthquake histories, potential to generate large earthquake
magnitudes, and their general potential to affect the project site.
• Assess static and seismic slope stability and the potential for erosion hazards on the site during
construction of the cover and landfill closure.
Describe and evaluate proposed project grading including the amount of disturbance, depth of
fills, and final topographic configurations. This task will also include an assessment of the
existing groundwater conditions and how they would relate to geology and geologic hazards.
• With the information and data gathered from the above tasks, the SMB Team will prepare an
environmental setting for the EIR that addresses site geology, soils, seismicity, and the
regulatory framework. Based on the setting information and the significance criteria, The SMB
Team will analyze the potential impacts the project may have on the local geology. Where
necessary, The SMB Team will propose mitigation that could reduce impacts to less than
significant.
TRAFFIC
While traffic concerns are cited in comment letters, the concern is primarily related to traffic -related
noise and not roadway or intersection capacity. Regardless, the SMB Team will address any traffic issues
that may arise during the Project. The SMB Team has considerable experience working on landfill
projects including closure projects and we do not believe that there is much more to add to the analysis
provided in the January 2016 IS/MND. The project traffic trips will be approximately 30 two-way trips
per day over the 6 -month construction period and far less after closure is complete. There is probably
no need for a stand-alone Traffic Chapter. However, the SMB team will review and confirm if the
IS/MND Traffic analysis conclusion is correct in that no mitigation measures are needed. If so, this will
be presented in a brief section to be provided in the Draft EIR and will be one of the -resource topics
under "Resources Without Project Impacts" in the chapter "Other CEQA Issues". If not we will prepare a
traffic section in the EIR with the incorporation of mitigation measures.
TASK 6 - PREPARE PUBLIC DRAFT EIR
Upon receipt comments from the City and/or EBA, the SMB Team will revise the Administrative Draft EIR
document to reflect the recommended changes and will prepare a Final Screen -Check Public Draft EIR
for final review prior to going out for public review. After any minor changes, this version of the
document will constitute the Public Draft EIR and will be distributed for a 45 -day public review period.
As part of this effort, SMB will prepare the necessary Notice of Completion (NOC) and Notice of
Availability (NOA) documents and assist the City in distributing the Public Draft EIR to the Public,
including the IPL. in order to avoid making and mailing out numerous unnecessary copies of the Draft
EIR, SMB recommends sending out the notices out to all appropriate parties with information as to how
November 2016 Page 12
Proposal — Prepare EIR for Landfill Closure Project City of Ukiah
to obtain a copy of the Public Draft EIR. SMB will also prepare electronic copies of the document that
can be distributed or made available on the City's website as well. During the 45 -day public Review
period, SMB will conduct a Public meeting to receive public comments on the Public Draft EIR.
TASK 7 - PREPARE RESPONSES TO COMMENTS
Upon completion of the 45 -day public review period, SMB will compile the comments received and
prepare appropriate responses. The responses to comments package will include:
• Comment letters received during the public review period with individual comments delineated.
• Responses to each individual comment as prepared by the SMB Team, EBA, and/or City staff.
These responses to comments will be sent to the City and/or EBA for internal review.
TASK 8 - PREPARE FINAL EIR, FINDINGS, MITIGATION MONITORING AND REPORTING PLAN
The SMB Team will prepare an administrative Draft of the Final EIR, Findings, and Mitigation Monitoring
and Reporting Plan (MMRP) that presents:
• Discussion of issues and responses to comments.
• Comment letters received during the public review period.
• Changes, corrections, or modifications to the Public Draft EIR resulting from the
comments received. Changes will be made as errata to the Public Draft EIR; the entire
text of the Public Draft EIR will not be revised and reprinted.
• Description of mitigation measures to be adopted as part of project implementation,
including identifying responsible parties for mitigation implementation, monitoring, and
approval.
SMB will submit an electronic copy of the Administrative Draft of the Final EIR, Findings, and MMRP to
the City for internal review and comment. Upon receipt of comments, SMB will prepare the Final EIR,
Findings, and MMRP for public distribution. SMB will attend the City Council Meeting where the City
Council will consider certifying the EIR and approving the Project.
TASK 9 - PROJECT MEETINGS, MANAGEMENT, AND COORDINATION
At SMB, we believe that full participation of City staff and frequent and open communication with other
stakeholders such as the adjacent landowner, Vichy Springs Resort, among others, to discuss tasks and
consider emerging issues are the most important tool to ensure a "no surprises" outcome. This
approach minimizes reactive work, thereby maintaining alignment with objectives, increasing efficiency,
and minimizing costs.
November 2016 Page 13
Proposal — Prepare EIR for Landfill Closure Project
City of Ukiah
• Kick-off Meeting. On receipt of Notice to Proceed, SMB will meet with the City, EBA, and it's
the City's legal staff/counsel to coordinate data transfer and review existing information
regarding the Proposed Project. The purpose of this meeting would be to confirm the Program's
objectives, identify and confirm the Proposed Project's facilities and any alternatives, and
discuss the specific environmental criteria to be used. The purpose of this meeting also is to
confirm all project assumptions, discuss project roles and responsibilities, ensure compatibility
in Program schedules, define communication protocols, document methods of analysis, and
generally ensure that the team is aware of the overall Program description and characteristics
being designed.
• Program Coordination Meetings/Conference Calls. SMB will conduct periodic Program
coordination meetings/conference calls with the City and/or EBA as appropriate throughout the
duration of the project. The purpose of these meetings is to effectively review project status,
identify and resolve any technical, cost, or schedule issues, and to ensure that the project is on
track and will be successful. In addition, SMB will coordinate and consult with all appropriate
local and state regulatory agencies as needed to ensure compliance with CEQA requirements.
Due to the nature of this kind of project, it is likely that the completion of the environmental
review activities will require at least one field site visit/meeting with the City and several
meetings with the City, and EBA as well as attendance at two formal City Council Meetings to
present and then adopt the environmental document.
• Progress Reporting and Monthly Billing. SMB will prepare and submit monthly progress reports
with monthly payment request. The monthly progress report will include an overview of work
accomplished during the previous month; a description of current key activities and an updated
schedule for each task and subtask; a list of problem areas, if any, and proposed corrective
actions; a list of tasks for the following month; a tally showing total contract budget, monthly
invoiced amounts, cumulative amount invoiced, and project billings to the end of project, and a
schedule summary indicating whether the project is on schedule and any schedule concerns or
critical path items (including a Recovery Plan/Schedule for any activities that fall more than two
weeks behind schedule).
November 2016 Page 14
Tasks
1. Prepare Project Description and Alternatives
;2. Prepare Notice of Preparation
3. Conduct Scoping Meetings
4. Conduct Agency Consultation
6. Prepare Administrative Draft EIR
Aesthetica
Agricultural Resources/Land Use
Air Quality/Climate Change
Biological Resources
Cultural Resources
Geology and Solis
Hydrology/Water Quality/Groundwater
Noise and Vibration
Public ServiceslUtllitles
Recreation
Traffic and Transportation
Growth/Cumulative
6. Prepare Screen -Check and Public Draft EIR
7. Prepare Response to Comments
8. Prepare Final EIR, Findings, MMRP
9. Project Coordination Meetings and Project Management
Total Hours
Rates (per hour)
Total SMB Labor Cost
Direct Expenses
Vehicle, Travel, Meals, Copies, Fax, Phone, Mall, ete.
Total Direct Expenses and Costs
Total Prolect Cost
Attachment "B"
Exhibit A
Cost Estimate for the City of Ukiah Landfill
20
12
8
8
48
$7,460
4
4 _-
----- �.�.-..._-
-
4
-
8
20
$2,720
8
-1
B 8
8 8
8
8
56
$7,960
8
8 8
8 840
.....................
_
$6,120
70
64 - 120
40 24
- 24
__ + 80
422
I
$61,230
40
8-
--
-- -
40 -
88
$12,880
2
2
$370
4
20
4020
8
8
100
$13,880
22
$370
2
$370
2
40
— - 4
- 8
54
$7,710
2
80
t --
4
8
94
$13,710
4
20
40 4
8
76
$10,680
2
-- — -
-
2
$370
2
2
$370
4
8
24
4
8
48
$8,600
4
6
-
12
$2,020
20
20 16
16 16
16 1 8
16
128
$16,460
16
16 16
8 8
16 8
8 m
96
$14,080
16
8 4
4 4
8 4
8
56
$8,340
24
24 8
8 8
8 8
8
96
$14,560
186
164 180
92 76
48 72
144
962
$140,930
$185
$160 $150
$135 $135
$135 $125
$105
$34,410
$26.240 $27.000
$12.420 $10,260 $6,480 $9,000
$15,120 '
$140,930
$ 7,047
$ 7,047
$7,047
I
SMB
ENVIRONMENTAL
2016 FEE SCHEDULE
Employee Category
Principal
Senior Project Manager
Project Manager
Associate III
Associate it
Associate
Field Biologist/Cultural Specialist
Graphics
Administrative/Word Processing
Postage/ Overnight Mail
Courier
Mileage
Copies
Other Direct Costs
Direct Costs
Hourly Rate
$185
$160
$150
$135
$110
$100
$100
$125
$105
Actual Cost + 15%
Actual Cost + 15%
$.55 per Mile + 15%
Actual Cost + 15%
Actual Cost + 15%