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SUBMITTED BY SEPTEMBER 20, 2024 SUBMITTED TO PROPOSAL TO PREPARE CEQA DOCUMENT ELECTRONIC BILLBOARD PROJECT © 2024 Google © 2024 Google © 2024 Google S . L E M O N A V E .6' CONCRETE BLOCK WALL AT P.L. 6' CONCRETE BLOCK WALL WITH CHAIN LINK FENCE ON TOP AT FWY. P.L. PARKING LANDSCAPE PROPOSED SIGN 14'-1" CL COL. TO P.L. 16'-6" CL COL. TO P.L. 1' CLEAR SIGN FACE TO P.L. 42"Ø COLUMN HELD 1' FROM CURB 1' NOSE TO P.L. 11'-4" P.L. TO LANDSCAPE CURB (FIELD VERIFY) CENTERLINE OF SIGN PERPENDICULAR TO P.L. & FWY. (11.4° WEST OF NORTH) FREEWAY LANDSCAPE SIDEWALK NO PARKING AREA EXISTING PINE TREE: TOP OFF, OR REMOVE AND REPLACE EXISTING PINE TREE: TOP OFF, OR REMOVE AND REPLACE 13'-1" NOSE TO P.L. ENLARGED PLAN Enlarged Plan: 1" = 5'-0" PROJECT ELECTRICAL COPYRIGHT ENGINEER / CONTRACTOR APPLICANT DATE PH AG As NotedScale: Approved by: Drawn by: Revisions: Sheet No. Design concept & drawing ©2024 by Evergreen Media LLC Unauthorized use or reproduction prohibited. 3.26.24 2 OF 2T.B.D.T.B.D. N 6260 Westminster Blvd. Westminster, CA 92683-3524 APN: 195-262-09 Proposed digital sign (2 faces at 14' x 48') with a full-flag, 30° V configuration and a height of approx. 70' above grade 3.6.24 NOTE: NO CHANGE TO PARKING IS PROPOSED ELEV 4.18.24 5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707 Office: 949.472.3505 | Fax: 949.472.8373 September 20, 2024 Mr. Dat Tran, Associate Planner City of Diamond Bar Community Development Department 21810 Copley Drive, Diamond Bar, CA 91765 Subject: Proposal to Prepare a California Environmental Quality Act (CEQA) Document for an Electronic Billboard Project Dear Dat Tran: Michael Baker International, Inc. (Michael Baker) is pleased to submit for your consideration this Proposal to Prepare a CEQA Document for an Electronic Billboard Project in the City of Diamond Bar. We present to the City a motivated team with expertise working on billboard projects and local experience successfully delivering CEQA approvals for the City. Michael Baker is a leader in environmental, planning, engineering, architecture, consulting, and technical/professional services with a local focus and global expertise. Michael Baker has a staff of more than 4,160 professionals with in-house services/expertise in disciplines that include Planning/Environmental, Civil Engineering, and Construction Management. Michael Baker is able to execute the entirety of this scope of work for environmental documentation with in-house resources, eliminating the need for any subconsultants and thereby improving efficiency and streamlining project delivery. We are uniquely familiar with the environmental concerns and community issues in Diamond Bar. We recently completed preparation of an Initial Study/Mitigated Negative Declaration (IS/MND) for the City’s Canyon Loop Trail Improvement Project, where Michael Baker navigated a number of complex environmental constraints and accommodated extensive community and resource agency concerns. This background will allow us to hit the ground running and successfully deliver expedited environmental approvals for this project. We appreciate this opportunity to be of service to the City. The undersigned, Mr. Richard Beck, is an officer of Michael Baker who is authorized to execute legally binding agreements. If you would like to discuss our proposal or need any additional information for your review, please do not hesitate to contact Mr. Alan Ashimine, Project Manager, at (949) 855-5710, or aashimine@mbakerintl.com. Respectfully submitted, Alan Ashimine Richard Beck Associate Vice President/Project Manager Vice President CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 2 TABLE OF CONTENTS SECTION CONTENT PAGE 0 COVER LETTER 1 1 QUALIFICATIONS 3 1.1 FIRM QUALIFICATIONS 3 1.2 PROJECT TEAM 6 1.3 RESUME 7 1.4 REFERENCES 11 2 PROJECT LIST & SCHEDULE 12 2.1 PROJECT LIST 12 2.2 SCHEDULE 15 3 SCOPE OF WORK 16 4 BUDGET ESTIMATE 24 5 ACCEPTANCE OF CONDITIONS 25 CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 3 SECTION 1. QUALIFICATIONS Michael Baker is a full-service environmental, engineering, design, and construction management firm composed of more than 3,500 team members nationwide. We have had a strong California presence for over 80 years, with approximately 500 employees in 10 office locations throughout the state. Our firm provides a comprehensive range of services and solutions in support of U.S. federal, state, and municipal governments, and a wide range of commercial clients. Michael Baker’s expertise includes environmental planning (California Environmental Quality Act/National Environmental Policy Act [CEQA/NEPA]) regulatory permitting, habitat mitigation cultural resources, and restoration design; stormwater management; water quality design and permitting; transportation, traffic, and civil engineering; surveying and mapping; geographic information systems (GIS); construction monitoring and management services; land use planning, urban design, community planning, landscape architecture, and public outreach. 1.1. FIRM QUALIFICATIONS ENVIRONMENTAL SERVICES As a leader in the environmental consulting field, Michael Baker offers an extensive array of services associated with environmental compliance and documentation. Michael Baker provides evaluation for the full range of environmental effects for all types of projects, including CEQA and NEPA documentation, air quality and health risk assessments, greenhouse gas analyses, noise studies, regulatory agency permitting, biological resources, visual assessments and photo simulations, traffic studies, drainage/water quality assessments, community/socioeconomic analyses, and biological mitigation/monitoring. Our environmental compliance managers have a broad resume of project experience in mountain, coastal, urban, and rural communities and have worked on numerous complex projects requiring technical expertise, creative solutions, and development of effective and workable mitigation. We can confidently say that our environmental expertise makes us primed to assist with any project needed by the City. Environmental documents prepared by Michael Baker address the full range of environmental and technical issues, with in-house specialists providing technical evaluation for traffic and transportation, flood control and drainage, air quality, climate change, noise, land use, socioeconomics, utilities and services, energy conservation, visual and aesthetic effects, relevant planning, Phase I hazardous materials, neighborhood and construction effects, landform modification, agricultural suitability and many other environmental issue areas. Michael Baker draws upon the profession’s leading subconsultants for specialized cultural and geotechnical studies to build a multi-disciplinary team of environmental analysts. CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 4 UNIQUELY RELEVANT CHARACTERISTICS As a full-service, multi-disciplinary consulting firm, Michael Baker possesses the full spectrum of services that make it uniquely qualified to provide environmental services to the City. Several key advantages that set the Michael Baker team apart from its competitors are described below. Extensive Resume with Billboard Projects: Michael Baker has an extensive resume preparing environmental documentation for billboard and signage projects throughout southern California. We are highly familiar with key community concerns associated with these types of projects (i.e., aesthetics, light, and glare) and can anticipate key issue areas to ensure a defensibly-prepared environmental document. We have recently prepared environmental documentation for several billboard and signage projects of a similar scale in the cities Mission Viejo, Carson, and Los Angeles. Unparalleled Local Experience: Michael Baker successfully completed environmental documentation, resource agency permitting, and construction monitoring for the City on the Canyon Loop Trail Improvement Project. This project included CEQA documentation and associated technical studies, resource agency consultation and permitting, mitigation support, and construction monitoring. This project required a high level of responsiveness to meet the project's critical path construction schedule. Michael Baker was able to successfully deliver our scope of services, and construction is nearly complete. This local experience will allow Michael Baker to “hit the ground running” with momentum on this electronic billboard project. Full Service CEQA Support Capabilities: Michael Baker possesses a full range of CEQA support services. All under a single roof, Michael Baker is capable of preparing all aspects of the environmental document without the need for subconsultants. Ability to React Quickly to Requests and Offer Competitive Fees: We have assembled an exceptional team of professionals, many with years of experience working in the City of Diamond Bar, with the capabilities to initiate the CEQA document for this electronic billboard project immediately. Not only can the Michael Baker team provide defensible, technically- accurate CEQA documentation, but we can also mobilize quickly and cost-efficiently for the following reasons: 1) Michael Baker possesses a diverse team of in-house CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 5 technical specialists; and 2) we have provided environmental services to California clients for 40 years, giving us a unique understanding of the project area and a proven track record for successful completion of the environmental clearance process. Proven Program Management Approach: The Michael Baker team’s management approach has been proven on past projects (including the Canyon Loop Trail Improvement Project) to be effective in meeting or exceeding the client’s goals for completing environmental documents on or ahead of schedule and within or below budget. Our experience in expediting environmental reviews gives us a solid foundation for delivering services within the expectations of the City for this electronic billboard project. QUALITY ASSURANCE APPROACH Producing high quality work is an extremely important goal for Michael Baker. The Michael Baker Team’s Quality Control/Quality Assurance (QC/QA) Program is a continuous process used not just at project milestones but also daily, as workflows from desk to desk, discipline to discipline, and consultant to client. Michael Baker utilizes this QC/QA program on each and every project undertaken to ensure that a high- quality product is delivered on schedule and within budget. Our approach ensures that deliverables are free of errors in accordance with the standard of care in the industry. Michael Baker’s key organizational elements for QC/QA are adaptable to any project. CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 6 1.2. PROJECT TEAM Our Team, led by Alan Ashimine (Project Manager), is comprised of professionals with expertise in preparing technical studies and environmental analysis for CEQA compliance projects. Mr. Ashimine will be the primary contact for day-to-day project management. In addition, Winnie Woo will serve as the associate in-charge when the Project Manager is absent. The following is an organizational chart, contact information, and availability for each key professional and their responsibilities. Resumes for each team member are presented on the following pages. ORGANIZATION CHART STAFF ROLE CONTACT INFORMATION (PHONE/EMAIL) Alan Ashimine Project Manager 949.855.5710 / aashimine@mbakerintl.com Winnie Woo Associate-in-Charge 949.472.3407 / winnie.woo@mbakerintl.com Madonna Marcelo Senior Environmental Analyst 213.627.1036 / madonna.marcelo@mbakerintl.com Oscar Escobar Environmental Analyst 949.472.3480 / oscar.escobar@mbakerintl.com Kristen Bogue Visual/Aesthetics 949.855.5747 / kbogue@mbakerintl.com Zhe Chen Air Quality/GHG/Energy/Noise 949.472.3498 / zhe.chen@mbakerintl.com Ryan Winkleman Biology 949.330.4115 / ryan.winkleman@mbakerintl.com James Daniels Cultural Resources 760.603.6251 / james.daniels@mbakerintl.com CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 7 1.3. RESUMES Mr. Ashimine manages the Environmental Sciences Department in Michael Baker’s Santa Ana office. Mr. Ashimine’s primary responsibilities include oversight of the department’s daily operations, management of projects, staff mentoring and instruction, and scheduling and business development. He has extensive experience in the research, analysis, and writing of environmental documentation for a variety of projects involving civic/institutional, infrastructure, redevelopment, residential, and industrial uses. Mr. Ashimine uses his experience to manage and author environmental documentation, often incorporating the results of complex technical documentation to substantiate conclusions within the document. Mr. Ashimine has also successfully prepared environmental documentation for a range of highly controversial projects subject to scrutiny by the general public, environmental organizations, and public agencies. Relevant Project Experience • Canyon Loop Trail Improvement Project IS/MND. City of Diamond Bar. Project Manager. • State Route 60/Theodore Street Interchange. City of Moreno Valley. Environmental Manager. • Lincoln Specific Plan EIR. City of Whittier. Project Manager. • Mater Dei High School Parking Structure EIR. City of Santa Ana. Project Manager. • Beaumont Logistics Center EIR. City of Beaumont. Project Manager. Winnie works as a CEQA generalist at Michael Baker International. As a member of the Environmental Service/Planning team, she specializes in the preparation of environmental documents including initial studies, negative declarations, environmental impact reports, environmental assessments, and technical studies for various environmental planning projects located throughout California. She has lived, studied and worked in various countries, allowing her to provide a variety of perspectives in assessing a project. Relevant Project Experience • Canyon Loop Trail Improvement Project IS/MND. City of Diamond Bar. Environmental Associate. • 19500 Main St Billboards. City of Carson. Environmental Associate. • AT&T Telecom Gazebo IS/MND. City of Newport Beach. Environmental Associate. ALAN ASHIMINE | PROJECT MANAGER Years of Experience: 24 Time Availability: 50% Mr. Ashimine will serve as Project Manager and point of contact to the City and will manage the CEQA and technical team. WINNIE WOO | ENVIRONMENTAL ANALYST Years of Experience: 5 Time Availability: 70% Winnie will be the Associate-In Charge and one of the main contributors in the CEQA analysis team. CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 8 Ms. Marcelo has over 33 years of experience in preparing California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA) documentation, including Environmental Impact Reports (EIR), Negative Declarations (ND), Mitigated Negative Declarations (MND), Initial Studies (IS), Categorical Exemptions (CE)/Categorical Exclusions (CatEx), Environmental Assessments (EA), and Environmental Impact Statements (EIS). Her years in the environmental field have provided her with the knowledge and experience necessary to evaluate the adequacy of technical analyses (e.g., traffic studies, air quality and noise reports, Phase I Environmental Site Assessments (ESA), hydrology studies, geotechnical studies, biological resources assessments, and cultural resources assessments). She has an eye for detail, caters to the needs of clients, and delivers quality reports. Ms. Marcelo has managed a wide range of project types, including redevelopment, institutional (schools and colleges), residential, infrastructure, capital improvement, port, transportation, and planning projects. Relevant Project Experience • City of Los Angeles EIR Review Services. City of Los Angeles Department of City Planning. Contract Manager/ Principal Environmental Planner. • LA Plaza Cultura Village Project. County of Los Angeles Department of Regional Planning. Project Manager. Mr. Escobar works as a CEQA generalist at Michael Baker International. As a member of the Environmental Service/Planning team, he specializes in the preparation of environmental documents including initial studies, negative declarations, environmental impact reports, and environmental assessments, and technical studies, including Phase I Environmental Site Assessments, Shade/Shadow Studies, and Visual Impact Assessments for various environmental planning projects located throughout California. Relevant Project Experience • Foothill and Grove Project CEQA Section 15183 Compliance Memorandum. City of Rancho Cucamonga. Environmental Associate. • 205 East Valley Boulevard Project. City of San Gabriel. Environmental Associate. • Figueroa Street Business Park. City of Carson. Environmental Associate. • 3700 Riverside Drive Mixed-Use Project Environmental Impact Report. City of Burbank. Environmental Associate. • Star Express Car Wash Project. City of Long Beach. Environmental Associate. MADONNA MARCELO | SENIOR ENVIRONMENTAL ANALYST Years of Experience: 33 Time Availability: 50% Ms. Marcelo will be one of the main contributors in the CEQA analysis team. OSCAR ESCOBAR | ENVIRONMENTAL ANALYST Years of Experience: 3 Time Availability: 70% Mr. Escobar will be one of the main contributors in the CEQA analysis team. CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 9 Ms. Bogue is a Visual Resources Task Manager and assists in the preparation of environmental and planning studies, with a focus on due diligence planning activities. Ms. Bogue has experience in the research, analysis, and writing of CEQA/NEPA documentation. Ms. Bogue's background includes a variety of projects involving commercial, redevelopment, infrastructure, mixed-use, hotel/resort, residential, and industrial uses for both public and private sector clients. In addition to being a CEQA/NEPA generalist, Ms. Bogue specializes in the preparation of visual analysis services. She is involved with Visual Impact Assessments in conformance with appropriate agency standards, including the Federal Highway Administration "Visual Impact Assessment (VIA) for Highway Projects," United States Bureau of Land Management guidelines, and California Energy Commission guidelines. Other visual services Ms. Bogue has prepared include photosimulations, shade/shadow studies, viewshed mapping, and light and glare studies. Relevant Project Experience • 19500 Main St Billboards. City of Carson. Project Director. • Grand Avenue at S.R. 57/S.R. 60 Interchange. City of Diamond Bar. Visual Resource and Hazardous Materials Specialist. • Kaleidoscope Exterior and Interior Renovation IS/MND. City of Mission Viejo. Visual Resource Specialist assisting with the aesthetics/light and glare analysis. Ms. Chen is a technical manager and senior environmental specialist focusing on air quality, climate change, and noise. She is an expert in air quality, GHG, and noise modeling, including California Emissions Estimator Model (CalEEMod), the AERMOD Atmospheric Dispersion Modeling System, the Federal Highway Administration Traffic Noise Model (TNM), etc. Ms. Chen also has rich experience in using climate change tools to develop GHG inventories and Climate Action Plans (CAP), recommending sustainability strategies and programs to local governments, and performing climate risk, vulnerability, and adaptation assessment. Relevant Project Experience • AT&T Gazebo Project IS/MND. City of Newport Beach. Technical Specialist. • Parnell Park Renovation Project IS/MND. City of Whittier. Technical Specialist. • Long Beach Water Well Project IS/MND. City of Long Beach. Technical Specialist. • Peck Water Conservation Basin Outlet Modification Project Technical Memorandums. Los Angeles County. Project Manager. KRISTEN BOGUE | VISUAL/AESTHETICS Years of Experience: 20 Time Availability: 55% Ms. Bogue will be leading the effort in conducting Visual Resources analysis. ZHE CHEN | AIR QUALITY/GHG/ENERGY/NOISE Years of Experience: 9 Time Availability: 40% Ms. Chen will be leading the effort in conducting analyses pertaining to air quality emissions, greenhouse gas emissions, energy, and noise. CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 10 Mr. Winkleman, a senior wildlife biologist and project manager, has many years of experience in field and laboratory research, environmental data acquisition, construction monitoring, and regulatory compliance. His specific areas of expertise are in herpetological and ornithological ecology and identification. He has prepared various sections for CEQA and NEPA environmental documents, including environmental impact statements and environmental impact reports, biological technical reports, biological assessments for Section 7 (Endangered Species Act) consultation, biological monitoring reports, and biological survey reports. Mr. Winkleman is a recognized expert in southern California avifauna and serves as both a local data reviewer for the Cornell Lab of Ornithology's eBird database in Orange County as well as Orange County's quarterly report author for the national quarterly publication North American Birds, published by the American Birding Association. Relevant Project Experience • Canyon Loop Trail IS/MND. City of Diamond Bar. Biologist. • Tentative Tract Map No. 53430 Project. Grand Hills Development, LLC/City of Diamond Bar. Senior Biologist. • Studebaker Road Complete Streets Project. City of Long Beach. Senior Biologist. Mr. Daniels is a senior archaeologist with cultural resource management experience in California, Nevada, and North Carolina. His experience includes archaeological surveys, evaluations of historic and prehistoric sites for listing in the California and National Registers, site mitigation data recoveries, mitigation monitoring, and preparation of archaeological resource management reports and cultural resources technical reports. As a senior archaeologist, he supports projects needing CEQA, NEPA, NHPA, Section 106, Native American Graves Protection and Repatriation Act, Assembly Bill 52, US Army Corps of Engineers 404 permits, and local cultural resource regulation compliance. He also assists in Native American consultation and coordination of Native American monitoring. Relevant Project Experience • Lancaster Annexation Project. City of Lancaster. Senior Archaeologist. • River Station, Los Angeles State Historical Park. Los Angeles County, California State Parks. GIS Cartographer/ Report Co-author. RYAN WINKLEMAN | BIOLOGICAL RESOURCES Years of Experience: 19 Time Availability: 40% Mr. Winkleman will be leading the effort in preparing Biological Resources Assessment. JAMES DANIELS | CULTURAL RESOURCES Years of Experience: 19 Time Availability: 45% Mr. Daniels will be leading the effort in assisting with AB 52 consultation as well as preparing Cultural Resources Assessment. CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 11 1.4 REFERENCES Michael Baker has successfully prepared environmental documentation local agencies in Los Angeles and Orange counties for over 50 years. Some of our most recent clients within the past 5 years include: Ryan Wright Director, Parks and Recreation Department City of Diamond Bar 909.839.7061 rwright@diamondbarca.gov Jocelyn Swain Senior Planner City of Lancaster Community Development Department 661.723.6249 jswain@cityoflancasterca.gov Amy Harbin, AICP Planner City of Long Beach Community Development/Planning Bureau 562.570.6872 amy.harbin@longbeach.gov Ricky Ramos Planning Manager City of Huntington Beach Community Development Department 714.536.5624 rramos@surfcity-hb.org CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 12 SECTION 2. PROJECT LIST AND SCHEDULE 2.1 PROJECT LIST This section highlights environmental consulting projects that have been successfully managed and completed by the Michael Baker team. CANYON LOOP TRAIL IMPROVEMENT PROJECT IS/MND Diamond Bar, California 19500 MAIN STREET DIGITAL BILLBOARDS PROJECT IS/MND Carson, California Michael Baker assisted the City of Diamond Bar with preparation of an IS/MND and related technical studies for the Canyon Loop Trail Improvement Project. The proposed project involves the addition of trail improvements along the Canyon Loop Trail within the Summitridge Park Trail System. The project would widen most of the existing trail within the South Canyon Loop Trail, and would include retaining walls, handrails, benches, and signage within various portions of Canyon Loop. Michael Baker’s scope of services was expanded to include Endangered Species Act (ESA) compliance services with the resource agencies, preparation of Habitat Mitigation and Monitoring Program (HMMP), and construction support/monitoring. Year of Completion: 2023 Michael Baker assisted the City of Carson with preparation of an IS/MND for the 19500 Main Street Digital Billboards Project. The proposed project would entail: 1) the installation of a new double-sided digital sign structure; and 2) the removal of an existing single-sided traditional sign structure and replacement with a double-sided digital sign structure. The project requires the discretionary approvals of a Development Agreement, Zone Text Amendment, Conditional Use Permit, and Variance. Key issues addressed within the IS/MND included introduced sources of light and glare and hazardous materials concerns involving construction on a former landfill. Year of Completion: 2020 Client: City of Diamond Bar Contact: Ryan Wright, Parks & Recreation Dir. 909-839-7061, rwright@diamondbarca.gov Client: City of Carson Contact: Manraj Bhatia, Planner (no longer with City) 562-570-5086, Manraj.bhatia@longbeach.gov CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 13 KALEIDOSCOPE BILLBOARD PROJECT IS/MND Mission Viejo, California LA METRO DIGITAL DISPLAY PROJECT Los Angeles, California Michael Baker prepared an IS/MND for the Kaleidoscope Exterior and Interior Renovation Project located within the City of Mission Viejo, California. The Kaleidoscope Exterior and Interior Renovation Project consisted of adding 3,441 square feet of gross leasable space to the existing center entitlements of 247,541 square feet, of which 238,679 square feet were built-out, and 3,000 square feet of patio space to the interior of the existing Kaleidoscope Mall structure. An update to the master sign program, including non- digital, on-premise lifestyle graphics and movie promotion for anchor and sub-anchor tenants was also proposed. Exterior modifications included revised parapet details, entry feature, signage, and new exterior paint scheme. New lighting associated with the glass curtain wall, lifestyle graphics, and entry feature is also proposed and new areas. Year of Completion: 2019 Michael Baker assisted the City of Los Angeles in peer reviewing an addendum to an EIR prepared by the Los Angeles County Metropolitan Transportation Authority (Metro) for the Transportation Communication Network (TCN) Program to allow the installation of TCN structures and digital displays with intelligent technology. The City prepared an addendum to Metro’s Final EIR to analyze the changes in the Zoning Ordinance as a result of some modifications to the approved project, including, but not limited to, eliminating TCN structures at locations that were determined to have a significant unavoidable impact on historic resources, limiting the hours of nighttime operation of digital displays, and imposing additional illumination standards to further reduce the light and glare impacts of the new displace on nearby uses. Year of Completion: 2023 Client: City of Mission Viejo Contact: Mr. Timothy J. Martin, Senior Planner, 949-470-3053 Client: City of Los Angeles Contact: Andrew Pennington, City Planner 213-978-1395, Andrew.pennington@lacity.org CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 14 AT&T TELECOM GAZEBO IS/MND Newport Beach, California STATE ROUTE 60/WORLD LOGISTICS CENTER INTERCHANGE CEQA/NEPA Moreno Valley, California Michael Baker is currently assisting the City of Newport Beach with preparation of an IS/MND for the AT&T Telecom Gazebo Project located within the existing Harbor Watch Park at 4500 San Joaquin Hills Road. The project involves constructing AT&T Wireless telecommunication facilities in the form of a new 18-foot tall gazebo. Associated telecommunication equipment would also be installed in a 15-foot-deep, approximately 114-square foot underground equipment vault adjacent to the gazebo. The project would also provide additional park amenities, including park benches, a drinking fountain, access path, and landscaping to complement the existing open space and recreational environment. In addition to preparing the IS/MND, the Michael Baker Team also prepared technical studies/analyses pertaining to air quality, greenhouse gas emissions, energy, noise, biological resources, and cultural/paleontological resources, and conducted a peer review of an Applicant- provided geotechnical report and photosimulations. Year of Completion: 2024 Michael Baker International is currently assisting the City of Moreno Valley with preparation of environmental documentation for the State Route 60 (SR-60)/World Logistics Center Interchange. The proposed project is needed to improve existing geometric deficiencies, increase capacity, improve operations, and address long range projected operational deficiencies at the interchange due to forecasted growth and development in the area. The proposed improvements would reduce congestion at the interchange and provide adequate access for existing traffic volumes as well as forecasted increased traffic demands. Primary issues analyzed within the environmental documentation include cultural resources, hazardous waste/materials, air quality, noise and vibration, energy and climate change, and biological resources. Year of Completion: Ongoing Client: City of Newport Beach Contact: Mr. David Lee, Associate Planner, 949-644-3225, dlee@newportbeachca.gov Client: City of Moreno Valley Contact: Mr. Harold Zamora, Asst. City Engineer, 951-413-3100, haroldz@moval.org CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 15 2.2 SCHEDULE The following schedule assumes authorization to proceed with the work program in November 2024. A date specific schedule will be provided within one week of the kickoff meeting. This schedule assumes that the project description will be complete and available prior to or at the time of the kickoff meeting. Kick-Off Meeting Week 1 Draft Project Description Preparation Week 2 City Reviews Draft Project Description Week 3 Michael Baker Prepares Administrative Draft IS/MND Weeks 3-8 City Reviews Administrative Draft IS/MND Weeks 9-10 Michael Baker Revises Draft IS/MND Weeks 11-12 City Reviews Revised Draft IS/MND Week 13 Michael Baker Prepares/Prints/Distributes Draft IS/MND Week 14 30-Day Public Review Weeks 15-18 Michael Baker Prepares Administrative Final IS/MND Weeks 19-20 City Reviews Administrative Final IS/MND Week 21 Michael Baker Prepares Final IS/MND Week 22 Public Hearings TBD CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 16 SECTION 3. SCOPE OF WORK Michael Baker has carefully reviewed the project description along with the City’s Request for Proposals (RFP) to develop a comprehensive CEQA scope of work for the electronic billboard project. As part of this effort, Michael Baker explored potential opportunities to streamline the CEQA process for this project. While the project could be interpreted as qualifying for a Categorical Exemption under the CEQA Guidelines, the project’s potential for aesthetic/light and glare impacts may represent an unusual circumstance that could cause a significant impact. As such, Michael Baker does not recommend use of a Categorical Exemption for this project. In addition, other forms of CEQA streamlining (such as a CEQA Guidelines Section 15183 exemption, Addendum to the General Plan EIR, etc.) are not considered feasible. As such, as indicated within the City’s RFP, the following scope of work provides for an IS/MND. As an alternative form of CEQA documentation with an added layer of defensibility, Michael Baker is also available to prepare a Focused EIR for the proposed project. Should the analysis determine that the aesthetic/light/glare impacts of the project are significant and unavoidable, preparation of an EIR (with the sole focus being aesthetics/light/glare) would provide an avenue for use of a Statement of Overriding Considerations for the project. While preparation of an EIR is not included in this scope of work, Michael Baker is available to further discuss this path forward at the discretion of the City. Task 1.0 | Kick-Off Meeting The work program will be initiated with a formal kick-off meeting with City staff and the project applicant to discuss the project in greater detail. This initial meeting is vital to the success of the process and will be a key milestone to confirm the parameters of the analysis, the details of construction and proposed buildout conditions, scheduling, and overall communications. Prior to the kick-off, Michael Baker will distribute a kick-off meeting agenda and list of information needs. Based upon the detailed project information obtained at the project kick-off meeting, Michael Baker will draft a preliminary project description for review and approval by City staff. It is assumed that this meeting would be conducted virtually. Task 2.0 | Native American Outreach and Consultation Michael Baker will assist the City with meeting Native American consultation requirements pursuant to Assembly Bill (AB) 52. In coordination with the City, we will prepare and send the consultation letters to tribes that have requested AB52 notification and tribes listed on a current NAHC contact list for Los Angeles County. We will track progress of consultation and maintain a consultation log (letters, emails, phone conversations summaries); however, because consultation is required to be government-to-government, pursuant to State law, we assume the City will complete the AB52 consultation with our guidance. This scope does not include time for meetings, but can be provided under a separate scope and fee. Task 3.0 | Technical Studies As described below, Michael Baker will prepare technical studies required to support the conclusions within the CEQA document. CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 17 This scope assumes that the project applicant will be responsible for preparation of all illustratives, renderings, photosimulations, and/or photometric analyses required to support the CEQA document’s analysis of impacts related to aesthetics, light and glare. 3.1 AIR QUALITY Existing Conditions/Regulatory Framework. The project is located within the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Federal, State, Regional, and Local air quality regulations will be discussed. The analysis will describe and address the requirements set forth by the SCAQMD CEQA Air Quality Handbook. Construction-Related Emissions. Based on data provided by the project applicant, emissions generated during construction activities will be quantified using the California Emissions Estimator Model version 2022.1 (CalEEMod). A general description of the major phases of construction and their timing will be required. The air pollutant emissions during construction will be compared to the SCAQMD’s Regional Thresholds of Significance. Naturally occurring asbestos impacts will also be qualitatively discussed. Long-Term Emissions. The operational analysis will be qualitatively presented as it is assumed that there will not be a significant number of post-construction operational trips or significant sources of air pollutants emissions. Localized Emissions. The project is located within the SCAQMD’s Source Receptor Area (SRA) 10 (Pomona/Walnut Valley). Based on localized meteorological data for SRA 10, Michael Baker will analyze localized impacts based upon the SCAQMD’s Localized Significance Thresholds (LST) methodology. Air Emissions Health Impacts. As a result of the California Supreme Court decision for Sierra Club vs. County of Fresno (Friant Ranch L.P.), the resultant human health impacts from the project’s short-term construction and long-term operational air emissions will be analyzed. 3.2 ENERGY Michael Baker will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3) and Appendix G and Appendix F of the CEQA Guidelines. These statutes and guidelines require a project to describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. In addition, Appendix G of the CEQA Guidelines requires a consistency analysis with state or local plans for renewable energy or energy efficiency. The analysis will quantify energy consumption associated with short-term construction activities and electricity consumption during long- term operation. 3.3 GREENHOUSE GASES Michael Baker will prepare an inventory of the greenhouse gas (GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct and indirect sources. In addition, total GHG emissions from construction activities will be amortized into the GHG emissions inventory. CalEEMod will be used to quantify GHG emissions. The operational analysis will be qualitatively presented as it is assumed that there will not be a significant number of post-construction operational trips or significant sources of GHG emissions. The analysis will review project consistency with applicable plans for the purpose of reducing CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 18 GHG emissions. Mitigation measures will be identified and incorporated, as necessary, to reduce potentially significant GHG impacts of the proposed project. 3.4 NOISE Existing Conditions. The applicable noise and land use compatibility criteria for the project area will be reviewed and noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. Construction-Related Noise and Vibration. Construction would occur during implementation of the proposed project. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. An analysis of vibration impacts will be based on the Federal Transit Administration’s vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications. Operational Noise Sources. The operational analysis will be qualitatively presented as it is assumed that there will not be a significant number of post-construction operational trips or significant sources of stationary noise. 3.5 CULTURAL RESOURCES Michael Baker will prepare a cultural resources identification and evaluation memorandum for the proposed project to determine whether historical resources, as defined in Section 15064.5(a) of the California Environmental Quality Act, will be impacted by the project. To accomplish this, Michael Baker will: • Conduct a records search with the South Central Coastal Information Center with a 1/2 mile search radius to identify previous cultural resources reports and records of the APE and surrounding area; • Conduct a limited literature and historic map review to identify cultural resources within the project vicinity; • Request a search of the Sacred Lands File (SLF) from the Native American Heritage Commission (NAHC); • Complete an archaeological sensitivity and effects analysis to determine if the project may adversely affect unknown, buried archaeological or paleontological resources. The findings of the historical resources identification efforts will be summarized in a Phase 1 Cultural Resources Memorandum. This task assumes that the project site will be limited to the area of direct impact for the electronic billboard, and that no other part of the assessor’s parcel will either be impacted or require study. We assume that no archaeological sites or additional buildings will require recordation or evaluation. We assume no field survey will be required, because the project site is paved and no buildings or structures greater than 45 years of age are located within the project site or vicinity. CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 19 Task 4.0 | Draft Environmental Document 4.1 ADMINISTRATIVE DRAFT IS/MND Michael Baker will prepare an Administrative Draft Initial Study in accordance with the CEQA Guidelines. The Initial Study will include detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis shall be in accordance with Public Resources Code Section 21080 (c) and CEQA Guidelines Section 15070. 4.1.1 Develop Environmental Project Description A critical initial step will be to accurately define the project description. Based on information provided by the City and project applicant, Michael Baker will draft a preliminary project description for review and approval by City staff. 4.1.2 Introduction This section will cite the environmental review requirements of the project, pursuant to the CEQA Guidelines. The Introduction will include the project location, environmental setting, existing uses on- and off-site, the Project Description (confirmed by City staff in Task 4.1.1), project phasing, and relevant background/history information. 4.1.3 Environmental Checklist This section will include a summary page of project information followed by an explanation of factors considered for potential impacts. 4.1.4 Environmental Analysis The Environmental Analysis sections will provide vital supporting information for the conclusions rendered for the Environmental Checklist. The Environmental Analysis will be presented in a four-column layout, identifying: (1) potentially significant impacts, (2) potentially significant impacts unless mitigated, (3) less than significant impacts, and (4) issues resulting in no impacts. Each topical impact area will be analyzed in detail based upon existing information or technical analyses described above. The existing environmental setting related to each impact topic will be provided, and a summary of the project’s potential impacts will be discussed. Where necessary, project design features or mitigation measures will be provided to minimize impacts to a level below significance. In accordance with Appendix G of the CEQA Guidelines, this section includes a detailed review of the following issues: • Aesthetics/Light and Glare. A comprehensive and defensible analysis of impacts related to aesthetics, light, and glare will be critical to the CEQA document. This section will characterize the existing aesthetic environment and visual resources for the site, including a discussion of views within the site and views from surrounding areas. Michael Baker anticipates substantive concerns CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 20 expressed by sensitive receptors in proximity to the project site, which include single-family residential uses to the south and east. As noted above, this task assumes that the project applicant will be responsible for preparation of all illustratives, renderings, photosimulations, and/or photometric analyses required to support the CEQA document’s analysis of impacts related to aesthetics, light and glare. Michael Baker will incorporate these applicant-provided deliverables as exhibits within the Initial Study to substantiate findings, as applicable. • Agriculture Resources. The project area is not designated for agricultural production or forest resources. Thus, the IS/MND will confirm that there is no effect on agricultural and forest resources. • Air Quality. Potential short-term construction and long-term operational impacts will be analyzed. Emissions will be quantified using the latest version of CalEEMod and compared to SCAQMD thresholds of significance; refer to Task 3.1, above. • Biological Resources. The project site is developed, paved, and located within a highly urbanized area. Although two mature trees adjacent to the project site would be removed as part of the project, impacts in this regard would be minimized through adherence to requirements under the Migratory Bird Treaty Act (MBTA). Impacts in this regard will be verified within the Initial Study. • Cultural Resources. Michael Baker will provide a Cultural Resources Memorandum and assist the City in performing tribal cultural resources compliance assistance for the proposed project. This section of the IS/MND will incorporate the findings and conclusions provided in the Cultural Resources Memorandum; refer to Task 3.5, above. • Energy. Short-term construction and long-term operational impacts with regard to energy resources and consumption will be analyzed; refer to Task 3.2, above. • Geology and Soils. The project will be evaluated for potential risks related to fault rupture, strong seismic ground shaking, seismic-related ground failure (i.e., liquefaction), and landslides. • Greenhouse Gas Emissions. Project short-term construction greenhouse gas emissions will be estimated using CalEEMod and compared to SCAQMD thresholds of significance. The operational analysis will be qualitatively presented as it is assumed that there will not be a significant number of post-construction operational trips or significant sources of GHG emissions; refer to Task 3.3, above. • Hazards and Hazardous Materials. The hazardous materials analysis will include a summary of the existing regulatory conditions and a discussion of the State Cortese Database Listing. Potential accidental conditions during construction and operations, involving hazardous materials will be analyzed. • Hydrology and Water Quality. The analysis will review existing and proposed hydrology and water quality conditions, related to the CEQA guidelines. • Land Use and Planning. Michael Baker will evaluate the proposed project in consideration of surrounding land uses and will analyze the relationship of the project to applicable planning policies. • Mineral Resources. The analysis will note that there is no effect of the project upon mineral resources. • Noise. An analysis of short-term construction noise and vibration will be conducted and included within the Initial Study. The operational analysis will be qualitatively presented as it is assumed CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 21 that there will not be a significant number of post-construction operational trips or significant sources of stationary noise; refer to Task 3.4, above. • Population and Housing. The Initial Study will document that the project does not have the potential to displace any housing or induce population since it includes the implementation of a new electronic billboard. • Public Services. The discussion of this section will focus on the potential alteration of existing facilities, extension or expansion of new facilities, and the increased demand on services based on the proposed uses. Data sources will include readily available documents and contact with affected agencies. • Recreation. The Initial Study will document that the project does not have the potential to result in impacts related to recreational facilities since it includes the implementation of a new electronic billboard. • Transportation. As an electronic billboard, the project would not result in substantive long-term operational trip generation. As such, it is assumed the project will not result in a significant VMT impact pursuant to the City of Diamond Bar’s VMT Baselines and Thresholds of Significance. The Initial Study will verify impacts in this regard. • Tribal Cultural Resources. Michael Baker will assist the City with Native American consultation in accordance with AB 52 and contact the NAHC. This section will incorporate the findings of the cultural study prepared and summarize the conclusions of the Native American consultation; refer to Task 2.0, above. • Utilities and Service Systems. The Initial Study will verify that the electronic billboard project will not result in significant impacts related to utilities and services. • Wildfire. Michael Baker will review the project location in relation to wildfire hazard severity zones or other wildfire hazards and identify any necessary mitigations. • Mandatory Findings of Significance. This section will focus on cumulative effects and considerations. 4.1.5 Initial Study Determination The determination page will conclude the appropriate action based upon the Initial Study evaluation. 4.1.6 Graphic Exhibits The environmental document will include a maximum of eight (8) exhibits to enhance the written text and clarify the project and potential environmental impacts. 4.1.7 Administrative Draft Initial Study Michael Baker will submit the Administrative Draft Initial Study in PDF format to the City for review. This scope of work assumes two rounds of review by City staff prior to the 30-day CEQA public review process. Correspondingly, this scope is limited to two rounds of revisions by Michael Baker in response to City comments. CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 22 4.2 PUBLIC REVIEW DRAFT IS/MND With a conclusion that no significant environmental effects will occur as a result of implementation of the project, a Mitigated Negative Declaration (MND) will be prepared. Following this determination, Michael Baker will prepare the Notice of Intent (NOI) to Adopt and MND for City review. The NOI and MND will be attached to the IS to fully explain the proposed project and its affects. Five (5) hard copies of the IS/MND will be provided for public review. Michael Baker will provide the submittal to the State Clearinghouse via CEQA Submit and additional distribution as directed by the City. This task assumes that the City would be responsible for any radius mailing and/or newspaper noticing required for the project. Michael Baker will be responsible for posting the NOI at the County Clerk. Task 5.0 | Final Environmental Document Michael Baker will prepare a draft Final IS/MND for City review and approval. The final document will include a purpose subsection, reference the review process, comments letters received, responses to comments, and any required edits/updates to the Public Review document. Also included within this task is the Mitigation Monitoring and Reporting Program (MMRP) in accordance with Public Resources Code Section 21081.6 (AB 3180). This scope of work assumes one round of review by City staff prior to considering the document final. Correspondingly, this scope is limited to one round of revisions by Michael Baker in response to City comments. Five (5) copies and an electronic file of the Final IS/MND will be provided to the City. Michael Baker will provide the document to each agency/ interested party who submitted a comment letter during the 30- day public review period. Due to the unpredictable nature of potential comment letters received during the public review period, this task is limited to a maximum of twelve (12) hours for Responses to Comments. Additional effort necessary for the Responses to Comments process (due to a high volume of comment letters, complex issues raised in comment letters, etc.) would be performed under a separate scope and fee. Michael Baker will prepare the Notice of Determination (NOD) for the proposed project, for City review and approval. Michael Baker will file the NOD with the State Clearinghouse and County Clerk; however, this task excludes payment of any CEQA filing fees (e.g., California Department of Fish and Wildlife filing fee). Task 6.0 | Attendance at Meetings Consistent with the City’s RFP, this task accounts for Michael Baker’s attendance at the following meetings: • One (1) kick-off meeting with City staff (to be conducted virtually). • Up to two (2) additional meetings with City staff to discuss work program and progress, resolve issues, review comments on administrative documents and/or receive any necessary direction from City staff (to be conducted virtually). • Up to two (2) public hearings (assumed to be in-person). CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 23 Any meetings beyond those identified above can be provided under a separate scope and fee. Task 7.0 | Check-In Calls This task accounts for a minimum of three (3) virtual meetings with City staff to discuss the project status and issues related to the environmental review process. Task 8.0 | Deliverables Michael Baker will provide the City with the following deliverables: • AB 52 Letter • Air Quality, Energy, Greenhouse Gases, Noise, and Cultural Resources analyses; • Five (5) hard copies and one electronic copy of the Administrative Draft, Public Review Draft, and Final IS/ MND • Electronic copy and hard copy of the Draft and Final NOI and Distribution List • Electronic copy and hard copy of the Draft and Final MMRP • Electronic copy and hard copy of the NOD CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 24 SECTION 4. BUDGET ESTIMATE CITY OF DIAMOND BAR PROPOSAL TO PREPARE A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 25 SECTION 5. ACCEPTANCE OF CONDITIONS Section No. Page 2, Section 4, Payment, Subsection C Original Provision C. City will pay Consultant the amount invoiced the City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. [Optional to include withhold-typically would if a deliverable was involved, such as software or a report] Suggested Rewording C. City will pay Consultant the amount invoiced the City will pay Consultant the amount properly invoiced within 35 days of receipt., but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. [Optional to include withhold-typically would if a deliverable was involved, such as software or a report] Reason for Submitting Exception Given the scope and scale of the project and its nature as a CEQA document, Michael Baker respectfully requests to have this provision removed. Section No. Page 3, Section 8, Standard of Performance Original Provision 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. Suggested Rewording 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. RESERVED Reason for Submitting Exception Any claims for damages would need to be settled via dispute resolution procedures prior to any amounts being withheld or otherwise becoming due. Section No. Page 3, Section 9, Indemnification Original Provision Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except CITY OF DIAMOND BAR PROPOSAL FOR PREPARING A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 26 for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. Suggested Rewording Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all third party liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other direct costs and fees of litigation) of every nature arising to the extent directly out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement to the extent such claims are caused directly by Consultant’s negligent acts, error, or omissions; and (2) Any and all Third party claims arising out of Consultant's negligent performance of work hereunder or its negligent failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage to the extent which is caused by the sole active negligence or willful misconduct or other fault or wrongdoing of the City or any third party. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. Reason for Submitting Exception Duty defend is uninsurable; indemnification is intended for third party claims only; any dispute between City and Michael Baker would be settled via standard dispute resolution procedures; California law limits professional service providers’ indemnification to negligence only; Michael Baker cannot be liable for any of City’s actions, whether active, passive, whole, partial, or contributory. Section No. Page 7, Section 15, Termination Original Provision 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. Suggested Rewording 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event that Consultant materially defaults on any of its obligations under this Agreement, City shall provide written notice of such default and Consultant shall have no less than ten (10) business days from receipt of notice to cure such default. Should Consultant fail to cure within the time period, City may terminate this Agreement for cause upon written notice to Consultant. In the event of such termination, City agrees to pay Consultant for CITY OF DIAMOND BAR PROPOSAL FOR PREPARING A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 27 services satisfactorily rendered in accordance with the Standard of Care prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. Reason for Submitting Exception Termination for cause is a serious penalty that may impact Michael Baker’s ability to perform work for other public agencies. As such, Michael Baker requests to be notified of any claims of default and provided opportunity to cure. Section No. Page 8, Sections 18-20 Original Provision 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within ________ (__) calendar days from such date or as may otherwise be agreed to by and between the Project Manager and the Consultant. [Optional to include time of completion. For instance if the Consultant is a contract planner, time of completion would not apply] 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Liquidated Damages. Consultant shall pay City, or have withheld from monies due it, as liquidated damages, the sum of _______ Dollars ($___) per day for each and every calendar day's delay in finishing the work within the time specified, including any written extensions which may be granted, in writing, in accordance with this Agreement. [Optional, include in situations in which untimely delivery of a product or service would interfere with City's ability to serve its constituents. Must have Section 18 and 19 to include.] Suggested Rewording 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within ________ (__) calendar days from such date or as may otherwise be agreed to by and between the Project Manager and the Consultant. [Optional to include time of completion. For instance if the Consultant is a contract planner, time of completion would not apply] 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. RESERVED 20. Liquidated Damages. Consultant shall pay City, or have withheld from monies due it, as liquidated damages, the sum of _______ Dollars ($___) per day for each and every calendar day's delay in finishing the work within the time specified, including any written extensions which may be granted, in writing, in accordance with this Agreement. [Optional, include in situations in which untimely delivery of a product or service would interfere with City's ability to serve its constituents. Must have Section 18 and 19 to include.] RESERVED Reason for Submitting Exception Michael Baker will always put work integrity, project safety, etc. ahead of any predetermined schedule requirements. Time is of the essence may conflict with the standard of care. Section No. Page 10, newly proposed text. Original Provision N/A CITY OF DIAMOND BAR PROPOSAL FOR PREPARING A CEQA DOCUMENT FOR AN ELECTRONIC BILLBOARD PROJECT PAGE 28 Suggested Rewording LIMITATIONS/QUALIFICATIONS. To the fullest extent permitted by law, the Parties expressly agree that: (i) Consultant shall not be liable to City for any special, incidental, indirect, exemplary or consequential loss, damage, expense or cost (including, without limitation, loss of use, revenue, income, profit, financing, business and/or reputation) arising out of or relating in any way to the Agreement, Services or ProjectI; (ii) Consultant is entitled to rely on the accuracy of any information or documentation furnished to Consultant by City in connection with the Project, and shall not be liable for any site, legal or environmental condition or requirement relating to the Services that is not disclosed or is unknown to Consultant prior to the Effective Date; (iii) Consultant shall not be liable for any failure to perform to the extent such failure is caused by any event, occurrence, or circumstance beyond the reasonable control of Consultant; (iv) Consultant’s total aggregate liability (whether such liability is based in contract, warranty, tort, equity, strict liability, statute, common law, and/or any other claim or theory) for any loss, damage, expense or cost of whatsoever kind or nature arising out of or relating in any way to the Agreement, Services and/or Project shall not exceed the net sum paid to Consultant for the Services; and that (v) any cause of action asserted by City against Consultant arising out of or in any way relating to the Services, Agreement, or Project shall be deemed to have accrued no later than the date the Services were completed by Consultant. Each of the foregoing limitations are separate and independent of the other, and shall survive termination or completion of the Agreement, Services and/or Project. ESTIMATES. City acknowledges that Consultant cannot control market conditions or construction costs, means, methods, techniques and/or processes. As such, notwithstanding anything to the contrary contained herein, City agrees that Consultant makes no representation, warranty or guarantee as to the accuracy of any estimate (e.g., cost, quantity) related to the Project that is furnished by Consultant in connection with the Services, and further agrees that Consultant shall bear no responsibility for any increase, inaccuracy or deviation in any such estimates. FORCE MAJEURE. Consultant shall not be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is caused by (i) any act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, act of government, (ii) any action or inaction of City or a third-party engaged by City, and/or (iii) any other event, occurrence or circumstance beyond the reasonable control of Consultant (each, a “Force Majeure Event”). Reason for Submitting Exception Standard provisions that Michael Baker requests on every project. MICHAEL BAKER INTERNATIONAL5 Hutton Centre Drive ⋅ Suite 500Santa Ana, CA 92707