HomeMy WebLinkAbout1st Amendment - Michael Baker International, Inc. - 202011FIRST AMENDMENT
TO
CONSULTANT SERVICE AGREEMENT
This First Amendment to the Michael Baker International, Inc
.
A. The City and the Contractor entered into an Agreement dated as of M� 5
2020, which is incorporated herein by this reference (the "Original Agreement"); and
B. The City and the Contractor desire to amend the Original Agreement to
modify, amend and supplement certain portions of the Original Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Revised Scope of Services. The Scope of Work, Exhibit "A" to the Original
Agreement, is hereby amended, modified and supplemented to include the work described
on Exhibit "A" attached hereto and incorporated herein by this reference.
3. Compensation. The total not -to -exceed compensation set forth in Section 3
of the Original Agreement was the sum of Ninety thousand four hundred thirty-six dollars
and zero cents ($90,436) for Fiscal Year 2020-2021. Section 3 of the Original Agreement
is hereby amended to provide for an increase of Eighty-four thousand five hundred forty-
five dollars and zero cents ($84,545) in Fiscal Year 2021-2022, so that the total not -to -
exceed compensation, as amended by this First Amendment shall not exceed One hundred
seventy-four thousand nine hundred eighty-one dollars and zero cents ($174,981) for Fiscal
Year 2021-2022 without the prior authorization of the City.
4. Integration. This First Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all negotiations
with respect hereto. This First Amendment amends, as set forth herein, the Original
Agreement and except as specifically amended hereby, the Original Agreement shall
remain in full force and effect. To the extent that there is any conflict or inconsistency
between the terms and provisions of this First Amendment and the terms and provisions of
the Original Agreement, the terms and provisions of this First Amendment shall control.
IN WITNESS hereof, the parties enter into this First Amendment on the year and day
first above written.
°CONTRACTOR"
Michael Baker International, Inc. Corporation
Printed Name:
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Title
"CITY"
CITY OF DIAMOND BAR
By;
Nancy L
ATTEST:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
David A. DeBerry, City Xttorney
"NOTE: if Contractor is a corporafion, the City requires the following signature(s):
-- (9) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the
Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If
only one corporate officer exists or one corporate officer holds more than one corporate
office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the
execution of the Agreement, must be provided to the City.
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EXHIBIT "A"
ADDITIONAL SCOPE OF SERVICES
1292625.1
We Make o Difference
INTERNATIONAL
March 18, 2021
Mr. Ryan Wright
Parks and Recreation Director
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Subject: Canyon Loop Trail Improvement Project —Additional Work Request #1
Mr. Wright:
Michael Baker International, Inc. (Michael Baker) is pleased to submit this Additional Work Request for additional
services related to the Canyon Loop Trail Improvement Project. Michael Baker understands that, with completion of
the California Environmental Quality Act (CEQA) process in February 2021, the City requires assistance with
implementation of numerous mitigation measures identified within the Initial Study/Mitigated Negative Declaration
(IS/MND). Specifically, these mitigation measures pertain to rare plant focused surveys, preparation/processing of a
Low -Effect Habitat Conservation Plan (HCP) in support of the Incidental Take Permit process, coordination with Soquel
Canyon Mitigation Bank, and preparation of a Habitat Mitigation and Monitoring Plan for on -site mitigation. A detailed
scope of work for these components of the mitigation program is provided below.
1. Rare Plant Focused Surveys
Based on the results of Michael Baker's previous biological survey and review of occurrence records, chaparral sand -
verbena (Abronia villosa var. aurita; California Rare Plant Rank (CRPR) 1 B.111 BrauntOn's milk -vetch (Astragalus
brauntonii; federally listed as endangered and CRPR 1 B.1), Nevin's barberry (Berber's nevinii; federally and State
listed as endangered and CRPR 1 B.1), intermediate mariposa lily (Calochortus weedii var. intermedius; CRPR 1 B.2),
Parry's spineflower (Chorizanthe parry' var. parry'; CRPR 1 B.1), many -stemmed dudleya (Dudleya multicaulis; CRPR
1 B.2), mesa horkelia (Horkelia cuneata var. puberula; CRPR 1131), and aparejo grass (Muhlenbergia utilis; CRPR
2B.2) have potential to occur within the project site, as well as additional CRPR 3 and 4 species. CRPR 1 and 2 species
are considered for significant impacts under CEQA, while CRPR 3 and 4 species typically are not. As such and in
compliance with Mitigation Measure BIO-1 from the IS/MND, Michael Baker's qualified biologists/botanists will conduct
are plant surveys, consisting of two (2) separate visits during the blooming season (generally April.through July), to
document the number and location(s) of rare plants including but not limited to those listed above, as well as confirm
the boundaries of sensitive natural communities, within the survey area (trail improvement/project impact area plus
150-foot buffer), analyze potential impacts, and provide recommendations for avoidance, minimization, and mitigation
measures to reduce impacts to a less than significant level if present.
The rare plant surveys will be conducted in accordance with guidelines provided by the California Native Plant Society
(GNPs 2001), the U.S. Fish and Wildlife Service (USFWS 2002), and the California Department of Fish and Wildlife
(CDFW 2018). The survey area will be assessed systematically on foot by walking transects that will vary between
approximately 10 and 50 feet apart depending on plant density and visibility to allow for 100 percent coverage
necessary to inventory all plant species. Binoculars will be used in areas that are inaccessible on foot, with more
complete, thorough coverage within the proposed project site. The surveys will be floristic in nature, meaning that all
species encountered will be identified to the taxonomic level necessary to determine rarity and listing status.
5 Hutton Centre Drive, Suite 500 � Santa Ana, CA 92707
MBAKERINTL.COM Office: 949.472.35051 Fax: 949.472.8373
Ryan Wright
Canyon Loop Trail Improvement Project
March 18, 2021
Following the completion of the final survey, Michael Baker will prepare a brief letter report summarizing the methods,
conditions, and results of the rare plant surveys. The report will include the documentation and mapping of all rare plant
species observed within the survey area. Site photographs taken during the field survey and GIS figures will be included
as attachments to the report to further enhance written text and visually depict specific locations of any rare plant
species, if found. Further, Michael Baker will complete and submit California Native Species Field Survey Form(s) to
the CNDDB if rare plants are discovered, accompanied by any supporting documentation (e.g., GPS points, field maps,
photographs).
Assumptions &Exclusions: This task assumes two (2) separate field surveys will be conducted during the blooming
period and one (1) round of review/revisions to the draft report before accepted as final. This task assumes that the
areas to be surveyed will only include those to be directly impacted as part of the project, as well as a 150400t buffer;
areas that will not be impacted or that are not within 150 feet of the impact areas will not be surveyed. Due to the often -
dense vegetation and difficult terrain throughout the survey area, this task includes four (4) Michael Baker biologists
so that the rare plant surveys can be conducted more thoroughly and efficiently.
2. USFWS Consultation
In compliance with Mitigation Measure BIO-2 of the IS/MND, Michael Baker will initiate contact with the USFWS
Carlsbad Field Office (CFO) for the purposes of determining whether the project qualifies for a low -effect habitat
conservation plan (HCP). In order to establish the preliminary determination of whether the project qualifies for a low -
effect HCP, Michael Baker may be required to provide the CFO with copies of the project's Biological Resources
Assessment Report, MMRP, the Coastal California Gnatcatcher and Cactus Wren Focused Survey Report, and/or the
Final Initial Study/Mitigated Negative Declaration. By engaging in preliminary discussions with the USFWS, Michael
Baker can confirm that Task 3, below, is the appropriate course of action for the project.
Assumptions &Exclusions: This task assumes That in -person visits to the CFO will not be required and that all
communications will occur over email, phone, or video call. One I visit to the project site is included for Michael
Baker's biologist/HCP author, Michael Baker's project manager, and Michael Baker's restoration ecologist in this task
in the event that the USFWS wants to see the site in person during the preliminary decision process.
3. Low -Effect Habitat Conservation Plan
Assuming that the USFWS agrees that the project is likely to qualify for glow -effect HCP, Michael Baker will work with
the City of Diamond Bar, the USFWS, the Soquel Canyon Mitigation Bank, and other relevant parties to prepare alow-
effect HCP document for the project. The low -effect HCP is expected to include, at a minimum, a comprehensive
project description including expected construction methods; descriptions of project alternatives and the reasons why
the proposed alternative was chosen; a description of the on -site vegetation and the species to be covered including
local and regional trends; an analysis of expected direct, indirect, and cumulative impacts and how those impacts will
affect the resources to be covered; biological goals and objectives of the low -effect HCP; avoidance, minimization, and
mitigation measures proposed by the City of Diamond Bar and those suggested by the USFWS during consultations;
a preliminary plan for restoration and/or mitigation including a description of the funding that will be required; and
required reporting. Michael Baker will also prepare and submit USFWS Form 3-200-56 for Incidental Take Permits
Associated with a Habitat Conservation Plan. Michael Baker will coordinate with the USFWS as needed during the
preparation process.
Assumptions &Exclusions: This task assumes that the USFWS will agree that the project qualifies for glow-effecf
HCP. If the USFWS determines that a full HCP is required, an additional Scope and Fee will be required prior to any
additional work occurring. This task assumes that in -person visits to the CFO will not be required and that all
Ryan Wright
Canyon Loop Trail Improvement Project
March 18, 2021
communications will occur over email, phone, or video call. This task assumes up to three (3) rounds of review/revisions
from the City of Diamond Bar and/or the USFWS to the draft HCP document before accepted as final.
Deliverables: Michael Baker will submit an electronic copy (PDF) of the final low -effect HCP document to the City of
Diamond Bar and will submit the final document, along with application Form 3-200-56, to the USFWS for review upon
completion. Because this task assumes that a low -effect HCP will be authorized, an implementing agreement will not
be necessary.
4. Coordination with Soquel Canyon Mitigation Bank
On behalf of the City, Michael Baker will coordinate with the Soquel Canyon Mitigation Bank (Bank) to begin the process
of acquiring credits for habitats identified for compensatory mitigation as part of the Canyon Loop Trail Improvement
Project. Michael Baker will work with the Bank to provide necessary documentation on the mitigation requirements and
begin the process of a Reservation Agreement to secure credits. Currently, coastal sage scrub habitat is confirmed to
be available at the Bank.
Assumptions &Exclusions: This task would begin following the finalization of impacts with the associated project.
Following the Reservation Agreement, the City would continue with the final payments and documentation required
with the Bank.
5. Habitat Mitigation and Monitoring Plan
Michael Baker shall prepare a Habitat Mitigation and Monitoring Plan (HMMP) for coast prickly pear scrub to offset the
project's impacts. Areas for potential restoration shall be identified and the Plan developed following approval from the
City and CDFW. The Plan shall discuss:
• Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities
of the City that would supervise and implement the plan shall be specified.
• Site preparation and planting implementation. Site preparation may include: (1) protection of existing native
species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., prickly pear); (4) native seed
mix; and (5) soil treatments (i.e., imprinting, decompacting).
• Schedule. A schedule shall be developed which includes planting occurring concurrently with construction
should the time of year be appropriate. If not, then planting and seeding would occur late fall and early winter
(between October 1 and January 30).
• Maintenance plan/guidelines. The Maintenance Plan shall include: (1) weed control; (2) herbivory control; (3)
trash removal; (4) proposed watering method and schedule; (5) maintenance training; and (6) replacement
planting.
• Monitoring Plan. The Monitoring Plan shall be described to include: (1) qualitative monitoring (i.e.,
photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3)
performance criteria, as approved by CDFW; (4) monthly reports for the first year and reports every other
month thereafter; and (5) annual reports, which shall be submitted to CDFW on a yearly basis, for five years.
This task does not include monitoring of the restoration sites.
• Long-term preservation. Long-term preservation of the site shall also be outlined in the Plan to ensure the
mitigation site is not impacted by future development.
Ryan Wright
Canyon Loop Trail Improvement Project
March 18, 2021
Pursuant to agency requirements, the HMMP will include a maximum of four (4) exhibits to enhance the written text
aA clarify the approach. Exhibits are anticipated to include:1) Regional Vicinity Map; 2) Site Vicinity Map; 3) Mitigation
Site Plan; and, 4) On -Site Photographs. This task includes time for Geographic Information Systems (GIS) analysis.
A reference site will also be identified within the park to provide an "example" of what the mitigation site would become.
This task includes time for a field visit to confirm the reference conditions.
Calculation of Plant Quantities
Working in concert with Michael Baker's restoration ecologists, our licensed architect will review the species planting
list and identify plant quantities to be utilized. This task includes identification of plant types (i.e. cactus pads and
hydroseed) and quantities (cuttings/pounds/gallons per acre). This task excludes construction and irrigation plans;
however, such plans can be provided if needed under an approved contract augmentation.
Preparafion of Final HMMP Report
This task includes response to comments and revisions associated with client and/or CDFW reviews. Michael Baker
shall provide regulatory services for the completion of the HMMP. The processing shall include required
correspondence or telephone calls between the reviewing staff related to the HMMP. Typically agency comments are
responded to via email; however, this task includes one (1) round of formal (written and hard copy submittal) response
to comments as needed.
Assumptions &Exclusions: This task assumes only prickly pear scrub will be mitigated on -site due to lack of availability
oI the habitat within Soquel Canyon Mitigation Bank. Should additional habitats be required to mitigate on -site,
additional funding would be required in order to determine locations for restoration nearby the project area, conduct a
brief site assessment, and incorporate the updates into the Plan. This task does not include implementation or
monitoring of the Plan.
6. Meetings, Management and Coordination
With oversight from Richard Beck, Alan Ashimine will be responsible for management and supervision of the Project
Team as well as consultation with City staff. Mr. Ashimine will undertake consultation and coordination of the project
and review deliverables for consistency with regulatory requirements. Michael Baker will coordinate with state and
local agencies as necessary to require applicable project approvals. Mr. Ashimine will coordinate with all technical
staff, support staff and word processing toward the timely implementation of the IS/MND mitigation measures. It is the
goal of Michael Baker to serve as an extension of City staff throughout the duration of the project.
Michael Baker's project manager, biological, and ecological restoration staff will participate in up to three (3) project
meetings to provide status updates and discuss key issues. Should City determine that additional meetings are
necessary, services will be provided under a separate scope of work on a time and materials basis
FEE ESTIMATE
1.0 Rare Plant Focused Surveys
1
24
70
2
97
$14,805
2.0 USFWS Consultation
1
16
24
41
$6,545
30 Low -Effect Habitat Conservation Plan
1
2
50
100
4
157
$24,480
4.0 Coordination with Soquel Mitigation Bank
1
22
32
55
$8,755
5.0 Habitat Mitigation and Monitoring Plan
1
2
30
58
4
95
$14,890
6.0 Meetings, Management and Coordination
8
28
12
12
60
$13,820
Other Direct Costs
0
$1,250
TOTAL HOURS
10
35
154
296
10
210
*Percent of Total Labor (Hours)
4.8%
16.7%
73.3%
141.0%
4.8%
SUBTOTAL LABOR COSTS
1 $3,200
$9,275
1 $26,950
1 $42,920
$950
$83,295
TOTAL COSTS (Including Deliverables)
$84,545
PIC=Principal-in-Charge; EM=Environmental Manager; SB=Senior Biologist; Bio=Biologist; ADM=Admin