HomeMy WebLinkAboutContracts & Agreements_234-2015_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement ("Agreement") for the provision of surface mining compliance services is
made and entered in this 15" day of December, 2015 ("Effective Date"), by and between the
City of Redlands, a municipal corporation ("City)" and EnviroMINE, Inc. ("Consultant"). City
and Consultant are sometimes individually referred to herein as a "Party" and, together, as the
"Parties."In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE 1 —ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide surface mining compliance services in support
of City's obligations under the state Surface Mining and Reclamation Act of 1975, and
other applicable Iaws, for City's Development Services Department (the"Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
1.3 The term of this Agreement shall commence on the Effective Date and terminate
December 31,2019.
ARTICLE 2—SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," entitled "Scope of Services and Project Schedule" which is attached hereto and
incorporated herein by reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to State prevailing wage
laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Development Services Director, Oscar Orci, as City's representative with
respect to performance of the Services, and such person shall have the authority to
transmit instructions, receive information, interpret and define City's policies and
decisions with respect to performance of the Services.
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ARTICLE 4—PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A." The Services shall commence
within ten (10) days of the Effective Date of this Agreement.
4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to City, consistent with City
Council adopted policy for the same. It shall be the obligation of Consultant to obtain a
copy of such policy from City staff.
ARTICLE 5—PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of one-hundred and ten thousand dollars ($110,000) over five (5) years, and/or
twenty-two thousand dollars ($22,000) per year. City shall pay Consultant on a time and
materials basis up to the not to exceed amount, in accordance with Exhibit "B" entitled
"Project Costs and Hourly Rates." Exhibit `B" is attached hereto and incorporated herein
by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed,the dates the Services were performed,the number of hours spent and
by whom, and a description of any reimbursable expenses. City shall pay
Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section:
City of Redlands Consultant
Oscar Orci, Director Warren R. Coalson, President
Development Services Department EnviroMINE, Inc.
City of Redlands 3511 Camino Del Rio South
P.O.Box 3005 Suite 403
Redlands, CA 92373 San Diego, CA 92108
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ARTICLE 6—INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services unless and
until the required insurance listed below is obtained by Consultant. Consultant shall
provide City with certificates of insurance and endorsements evidencing such insurance
prior to commencement of the Services. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty (30) days prior
written notice to City.
6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self-insured or exempt from the workers' compensation laws of
the State of California. Consultant shall provide City with Exhibit "C," entitled
"Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference prior to performance of any Services.
6.3 Consultant shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Consultant shall secure and maintain professional liability insurance throughout the term
of this Agreement in the amount of One Million Dollars($1,000,000)per claim made.
6.5 Consultant shall secure and maintain business auto liability coverage, with minimum
limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily
injury liability and property damage liability. This coverage shall include all Consultant
owned vehicles used in connection with Consultant's provision of the Services, hired and
non-owned vehicles, and employee non-ownership vehicles. City shall be named as an
additional insured and such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City.
6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by, or the willful misconduct of, Consultant, or its
officers, employees and agents in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
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degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval,order or similar authorization or entitlement;
(iii) authorize the City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8—GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement.
8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other
documents developed by Consultant in connection with its performance of the Services,
and any copyright interest in such documents, shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City. Any
reuse of such documents, and any use of incomplete documents, shall be at City's sole
risk.
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8.4 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to
bind City to any obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City. This Agreement may be terminated
by City, in its sole discretion, by providing not less than five (5) days prior written notice
to Consultant of City's intent to terminate. If this Agreement is terminated by City, an
adjustment to Consultant's compensation shall be made, but (1) no amount shall be
allowed for anticipated profit or unperformed Services, and (2) any payment due
Consultant at the time of termination may be adjusted to the extent of any additional costs
to City occasioned by any default by Consultant. Upon receipt of a termination notice,
Consultant shall immediately discontinue its provision of the Services and, within five(5)
days of the date of the termination notice, deliver or otherwise make available to City,
copies (in both hard copy and electronic form, where applicable) of project related data,
design calculations, drawings, specifications, reports, estimates, summaries and such
other information and materials as may have been accumulated by Consultant in
performing the Services. Consultant shall be compensated on a pro-rata basis for Services
completed up to the date of termination.
8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
IN WITNESS WHEREOF,duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS ENVIROMINE, INC.
By: By:
Paul W. Foster, Mayor Warren R. Coalson, Pres-Tale'
ATTEST:
Sam Irwin, ity Clerk
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EXHIBIT "At'
SCOPE OF SERVICES AND PROJECT SCHEDULE
II'1C.
Environmental & Mine Permitting Services
October 19, 2€715
Ms. Loralee Farris
Development Services Department
City of Redlands
P.O. Box 3005
Redlands, CA 92373
Re: Proposal for Conducting Annual Sand and Gravel Mixte Inspections,
Review of r tanchd Assurances and Related Inspection Services for
Compliance with the State Surface Mining and Reclamation Act{SMARA)
Dear Ms. Farris:
EnviroMINE, Inc. is pleased to present this proposal to provide mining compliance
services and assistance with project planning for mining permit applications for the
Cities of Redlands and Highland (Cities) through 2019. These services are intended
to support City staff with Iced agency annual compliance duties and with the review
of new missing permit applications.
EnviroMINE has substantial experience with completion of the requested services,
having provided similar services to a number of lead agencies. In. addition,
EnvimMINE has worked with the Cities in the completion of these duties since the
early 1990s. As a result, we believe EnviroMINE is uniquely qualified to provide
these services tb the Cities,
I. `I cacutive S-Minary
EnviraMlNE is a unique consulting company with over 25 years of experience
working in SMARA programs. EnviroMINE provides SMARA-related services to the
construction aggregates industry and SMARA program management services for lead
agencies throughout the State. We are unique because our hands-on raining
experience enhances our abilities to understand the intricacies of SMARA as it
relates to the needs of private and public interests.
EnviroMINE employs a staff of 8 full time professionals with offices in San Diego and
Napa, California- Firma President,Warren Coalson,has over 34 years of experience
with the mining industry. This experience includes management of permitting and
reclamation efforts at the nation's largest surface coal imine, supervision of mining
reclamation,overburden and coal production,and processing plant operations.
3511 Camino Del Rio South,Suite 408 - San Diego,CA 92108
(619)284-8515/1800)755-3995 - Fait:(519)2840115
Ms. Loralee Farris
October 19,2015
Page 2
EnviroMINE developed the financial assurance estimating guidelines adopted by the
State Mining and Geology Beard in 1993, and has developed a workshop on the
preparation and review of reclamation cost estimates. EnviroAME currently serves
as SMARA compliance consultants for the Cities of Redlands,Highland, Upland, and,
the County of San Bernardino,and also serves as Iead agency representative for the
City of Lake Elsinore. We have also completed mining compliance services for the
City of Rialto, County of Santa Barbara and County of Tulare and have developed a
SMARA compliance program for Contra Costa County. EnviroMINE`s staff has
assisted lead agencies with the preparation of SMARA ordinances and establishment
of internal,forms and procedures for implementing SMARA compliance programs.
A. Seminars.&Worlmhops Attended
1) Annual attendance at the CaICIMA Educational Conference
2) Attendance at the Harrison,Tembledor SMARA Seminar
3) Office of Mine Reclamation, Lead Agency Training
4) Office of Mine Reclamation, Reclamation Plan Training
5) Office of Mine Reclamation, Inspection Training
6) EnviroMINE,Inc. Financial Assurance Cost Estimating Workshop
7) MSHA Update Training
E. Inspections Performed
EnviroMINE has conducted annual mine inspections for the following lead
agencies:
Lead Agency Yews of Ebperien.ce Annual IUne
Inspections
gLty of Redlands 1393-Present 5
2M of Highland 1993-Present 3
City of Rialto 1.993-2011 2
M of Upland 2006-Present 3
Pity of Dake Elsinore 2009-Present 5
Ci of Lake Forest 1995-1996 1
Santa Barbara Cohn 1996-1998 1
Tulare County 2006-2007 20
Count
yof San Bernardino 2012-Present 50
C. Lead Agency Compliance Services
1) Mine site closures pursuant to California Code of Regulations (CCR)Title
14,Division 2, Chapter 8, Section 3805.5. in bake Elsinore.
2) Provided annual compliance review services for the Cities of Rialto(1993-
2011),Upland(2006-Present),Redlands and Highland(1993-Present), as
well as for the Counties of San Bernardino (2012-Present), Santa Barbara
(1996-1998)and Tulare (2006-2007). The latter involved training for
Ms.Loraiee Farris
October 19, 2015
Page 3
County staff with inspections,inspection reporting and financial assurance
review.
3) Attended numerous Office of Mine Reclamation (OMR)Lead Agency Review
Team(LART) site inspections in San Diego, Santa Clara Counties and the
City of Lake Elsinore.
4) Successfully defended City of Labe Elsinore at State Mining and Geology
Hoard Hearings concerning Lead Agency assumption by the Board.
D. Financial Azzmmnce Revievms
1) Review annual financial assurance estimates for all operations in the Cities
of Redlands, Highland, Upland, Lake Elsinore(16 sites)and approximately
50 sites in Sart Bernardino County.
IL Permit and Reclamation Plan Assistance
EnviroMINE has provided $MARA review and processing services to the
following Lead Agencies:
1) City of Highland. Worldmg as an extension of staff, assisted with the review
of 2 mgjor mining permit applications. Duties included scoping and review
of EIRs for both projects (1993).
2) Assisted City staff(Rialto)with review of the Mid-Valley Landfill and
Aggregate Recovery project(1996)_ Tasks included application review, and
development of the staff report for City Council hearing.
31 San Bernardino County. Working as an extension of staff, conducted lead
agency review of the Lytle Creek aggregates expansion. Assignment
involved review of application for completeness, coordination with DOC
staff and response to comments on reclamation plan, CEQA analysis
(MND),development of permit conditions and presentation before the
Planning Commission(1997).
4) Assisted with review of 5 CUP/RP applications in the City of Redlands.This
included CEQA review and preparing conditions of approval (2010).
5) Provide tur key SMARA compliance and Reclamation Plan review services
for the City of Lake Elsinore. Tasks involves lush level coordination
between the City and OMR staff, conducting all annual compliance:
inspections and review of financial assurances,follow up on enforcement
and providing assistance with review of a new permit application (2009 -
current).
F. Permits Processed
1) City of HigMand. Working as an extension of staff,assisted with the review
of 2 major raining permit applications. Duties included scoping and review
of EIRs for both projects (1993).
Me. Loralee Farris
October 14,2415
Page 4
2) Assisted City staff(Rialto) with review of the Mid-Valley Landfill and
Aggregate recovery project (1996). Tasks included application review, and
development of the staff report for City Council hearing.
3) San Bernardino County. Working as an extension of staff, conducted lead
agency review of the Lytle Creek aggregates expansion. Assignment
involved review of application for completeness, coordination with DOC
staff and response to comments on reclamation plan,CEQA analysis
(MND),development of permit conditions and presentation before the
Plann ag Commission(1997).
4) Assisted with review of 5 CUP/RP applications its the City of Redlands.
Provided comments for City staff and prepared conditions of approval
(2010).
5) Provide turnkey SMARA compliance and permit review services for the City
of Lake Elsinore. Task involved high level coordination between the City
and OMR staff,conducting all annual compliance inspections and review of
uncial assurances;follow up on enforcement,modification of 3
reclamation plans to address compliance concerns,and providing
assistance with review of one new permit application.
6) Appeared at Lake Elsinore City Council and City Planning Commission
meetings to answer questions on mine operations within the City.
G. Years of SMARA Experience
1) Warren Coalsor€-24 years (10 years Federal SMCRA experience)
2) Travis Jokerst- 12 years
3) James DeCarolis- 1 year
4) Dennis Fransway-- 12 years(6 years Federal SMCRA experience)
N. Licenses
EnviroMlNE does not directly employ licensed professionals. However,if a need is
demonstrated for these services,we have obtained commitments from Bruce
Robertson,P.E. (REC Consultants) for civil engineering and Danny Sims,Ph.D.,P.G.
for slope stability and other geologic concerns. Both individuals have worked with
EnviroMINE on SMARA projects related to their specialties,
U. Approach and Methodology
The proposed compliance services would be undertaken to complete annual
compliance requirements as outlined in the Surface Mining and Reclamation Act of
1975 (SMARA) and the Cities' Surface Mining Ordinances. Mining inspections must
be completed within six months following the receipt of the annual report (between
July and December) and financial assurances must be updated yearly to assure
adequate surety is available to complete reclamation on the subject mining site,
Currently, the Cities have five (5) regulated mining sites. These sites are listed as
follows:
Ms. loralee Farris
October 19, 2015
Page 5
• East Quarry South (formerly Old Webster Quarry)
• East Quarry North (formerly Redlands Aggregate Pit, Johmson Pit, and Orange
Street Processing Plant)
• Plunge Creek Processing Plant and Silt Pond Quarry
• Alabama Street Quarry(formerly Alabama Street Northwest)
• West Quarry(formerly Alabama Street Northeast and Southeast)
The following scope of services is proposed for each of the listed mining sites:
1.. Perform inspections of SMARA regulated mining operations to assure
compliance with the approved reclamation plan and conditions of approval.
2. Review Financial Assurance Estimates to determine adequacy.
3. Prepare inspection report(s) to verify compliance with the reclamation plan
and conditions of approval.
4. Propare performance review letters for each site for City information and
action.
5. Review Mitigation Monitoring Program for each site and submit a report to the
City that identifies the operator's compliance with the approved program.
6. Attend the City's Planning Commission and City Council meetings on an as
needed basis.
7. An optional service includes flying all sites with an Unmanned Aerial Vehicle
(UAV) to produce highly-detailed aerial maps and topographic data. 711is
service is available, if each mine operator is interested, and would be useful
for verifying compliance.
The work program for this project is divided into five distinct functions: A) File
Review, B) Mining Inspections, C) Financial Assurance Review, D) Prepare Inspection
Reports, and E) Mitigation Monitoring Verification. These issues will be discussed in
this order.
A. File Review/Site Familiarity
Prior to arriving at the mining site to conduct inspections, it will be necessary to
become familiar with the physical conditions of the site and complete a thorough
review of all pertinent information relating to approvals for the project. This review
provides the inspector with the necessary background to allow for a thorough
inspection of the site. File review will include the approved reclamation plan, use
permit, environmental documentation, and any other documents important to the
site inspection.
Ms.Loralee Farris
October 19, 2015
Page 6
The City of Redlands is responsible for providing EnviroMINE with a copy of the
operators annual report, approved Reclamation Plan., Conditional Use Permit,
financial assurance,and Mitigation Monitoring Program for each site.
B. Inspections
It should be the goal of any inspection program to work as a problem solving tool.
Not only are mine inspectors responsible for reviewing mining operations for
compliance, the inspector must also serve as an ambassador of the lead agency. At
tunes there are disagreements with the requirements of the approval conditions and
mitigation measures. The inspector will be charged with interpreting and finding
solutions to these problems. For this reason, it is important to develop a cordial
working relationship with the mine operator. In most cases, solutions should be
determined in the field with the mine operator. This approach will result in fewer
complaints for the Iead agency and assure implementation of all compliance
conditions.
EnviroMINE will perform the inspection for the listed operations. This will include
contacting the mine operators to set up date and time and inspecting the sites for
compliance with the Conditional Use Permit, CEQA mitigation measures, and
Reclamation Flan.
In some instances, it may be necessary to return to the site to follow-up on
deficiencies noted in the site inspection. Where deficiencies are noted, the mine
inspector may be required to specifically identify violations and note these on
inspection reports. Should this occur, SMARA allows mine operators 30 days to
correct deficiencies before being re-inspected. If additional inspections are required,
an additional cost proposal will need to be approved.
EnviroMlNE understands the benefits to developing cooperative working
relationships between the mine operator and the Lead Agency. As such, we will
attempt to allow the operator to correct any deficiencies in the field on the day of the
inspection. If satisfactory resolution cannot be reached in the field, we will consult
with City staff to gain direction for further action. Our goal is to find solutions to
problems.
G. Financials Assurance Review
Annual review of financial assurances is required by SMARA to insure that adequate
surety is available should the operator default on the reclamation requirements.
Review and adjustment of financial assurances can be time consuming. This
depends, in large part:, on the operator's willingness to provide adequately detailed
and justified estimates.
EnvimMINE is uniquely qualified to review financial assurances. EnviroMINE
authored the estimating procedure utilized by the State Mining and Geology Board as
Ms.l,oralee Farris
October 19, 2015
Page 7
adopted in their Financial Assurance Guidelines. In addition, we also prepare
several estimates for mining projects throughout California.
D. Inspection Reports
Sitc Inspection Reports shall be completed on the forms provided by the State
Department of Conservation Office of Mine Reclamation.
Other items to be included with the report wiln include a listing of problem areas and
issues of potential variance from the conditions of the use permit for the mining
operation. When problem areas are identified (e.g. accelerated erosion), steps for
correcting the problem will be suggested and listed in the report This information
may then be used by the operator and the Cities to assist with implementing
corrective measures.
The Cities are recognized as the lead agencies with ultimate authority for direction
and content of information included in the inspection reports. Inspection reports will
be completed within 30 days following individual mine site inspections. Each
inspection report will be prepared in triplicate and submitted to the operator, the
City,and the State.
E. Mitigation,Monitorlag VeriAcation
In conjunction with the annual site audit and the annual land use entitlement
review, each site's Mitigation Monitoring Program will be reviewed to verify
compliance. Upon receipt and review of each operation's Mitigation Monitoring
Program, a report that identifies the operator's compliance with the approved
program will be prepared and submitted to the City(a). We will coordinate with the
operator to correct any deficiencies that may exist. If satisfactory resolution cannot
be reached with the operator, EnviroMME will provide support to City(s) staff with
enforcement actions. However, EnviroMINE is not a code compliance service. Our
role will be to monitor for compliance and report the findings of our investigations.
Aerial/Topographic Mappiag
Upon obtaining the mine operators' consent,we also have the ability to fly the sites
with a UAV Drone. EnviroMINE utilizes the Ebee Senseily(www.sensefLy.com) to
collect data for aerial mapping services. The Ebee flies at an altitude of less than 400
feet above ground and products digital ortho-rectified .tif or Jpg imagery with a
ground pixel resolution of approximately 01.25 feet per pixel(or less). This imagery is
used to produce an AutoCAD drawing with 2-foot interval contours of the site,
including the following planimetric features:
• roads
• building/structure/plant equipment outlines
• utility poles
• fencing
Ms.Loratee Farris
October 19,2015
Page S
• storage tanks
• spot elevations
• labeled vegetation
Use of aerial control targets, to be established by a surveyor, will be the basis for
elevations and coordinate control. Digital files of the target coordinates and property
lines must be provided by the mane operator. EnviroMINE will correspond with the
mine operator for this task. The UAV flights will be performed following visual
confirmation of the existing ground control targets at the site, coordination with local
airport officials, and confirmation of safe operating conditions by the UAV operator.
EnviroMINE holds a Certificate of Authorization and Exemption from the FAA and is
in compliance with FAA Regulations for commercial flights.
F Other SMARARelated Assignments
In addition, other work as requested by the City may also be conducted relating to
activities in the Wash area. The Santa Ana River floodplain is identified as a
regionally significant aggregate resource. As a result, it is expected that the Cities
will continue to receive mining permit applications. We are pleased to offer
assistance with the review of permit and reclamation plaza applications submitted to
the Cities.
EnviroMINE has provided similar services to the Cities over the past 25 years. We
have also worked with a number of other lead agencies in this capacity. EnviroMINE
provided project planning services for the following projects within the Cities
jurisdiction:
Redlands
• OId Webster Quarry
• Redlands Aggregate South
• Johnson Pit South
• Orange Street Processing Plant
• Alabama Street Southeast
• Alabama Street Northwest
• Orange Street Quarry(Cemex)
fghlan
• Redlands Aggregate North
s Johnson Pit North
• Orange Street Quarry(Cemex)
o Cone Camp Quarry(Robertsons)
EnviroMINE also worked with San,Bernardino County on review of a mine expansion
for the Cemex Lytle Creek operations and the City of Rialto on the mining portion of
the Mid-Valley Landfill.
Ms.Loralee Farris
October 19, 2015
Page 9
EnviroMINE will work with City(s) staff to review and comment on Mining permit
applications provided to the Cities for processing. All permit and reclamation plan
applications will be reviewed against the Cities' surface mining ordinances and
SMARA to determine completeness and technical competence. Where deficiencies
are identified, BnviroMINE will provide comments for consideration by the Cities and
ultimately for consideration by the applicant(s).
As the permit/reclamation plan applications progress through the review process,
EnviroMWE will assist with CEQA review and with the preparation of findings and
conditions of approval. Development of conditions of approval that meet compliance
objectives requires substantial experience with permitting and compliance. Our
experience with permitting for operators and lead ageaci.es and with annual
compliance reviews provides the necessary experience to develop conditions that will
meet ccmpliance objectives,
Mining permit review services will be completed on an as-needed basis at the
discretion of the Cities, Each request will be considered individually and completed
on a time and materials basis.
M. Firm.Information/Organization
City of Redl"ds SKARA Compliance Services
Warren Coatson
President
Travis Jnkerst
PM/Inspector
Bruce Robertson James Uecarotis Danny Simms
PE Inspector/GIS/UAV PG
Jamie Metevier
Administrative
Travis Jokerst will be the assigned "Account Manager" who will manage the work
responsibilities, as well as coordinate directly with the City. His qualifications are
described below.
IV. Staffing
EnvirotvIINE will provide the experienced staff resources to complete the assigr=ent
in the time frames requested. EnviroMlNE staff has conducted mine inspections on
the sites currently in.the Cities of Redlands and Highland. We are familiar with the
background of the sites, the operators and the City's staff. Specialty consultants in
Ms.LoraIee Farris
October 19,2Q 15
Page 10
the engineering and geological fields have also been identified in the event that a
specific issue needs further evaluation. Each team member has adequate time
available to complete the scope of work Our president has worked with the City on
SMARA issues since 1993 and is committed to remain with the contract through
completion.
Staff'assigned to this project arc:
A. EnviroMIPM Staff
Warren R.CoaIsou, president,established EnviroMINE in 1992. He has over
34 years of experience with the mining industry. This experience has been
established from a combination of hands-on application of permitting and
Operations assignments. Gaining experience from a variety of industry and
agency permitting and compliance assignments, Mr. Coalson is a recognized
expert in the implementation of the California Surface Mining and
Reclamation Act of 1975 (SMARA)_ He has prepared numerous environmental
impact assessment documents covering a wide range of impact issues. He
also has detailed knowledge of the construction aggregates industry including
issues addressing mineral royalties, market dynamics, operations, and site
reclamation.
Mr. Coalson oversees all of EnviroNEM's contracts and will provide support to
the team and City as needed.
Travis Joke-73t, Project Manager/Site Inspector,has over 12 years of
experience with mining operations, compliance and permitting. Mr. Jokerst
has been the lead inspector and contact for the City of Redlands and the City
of Upland's annual SMARA compliance reviews. He conducts inspections,
reporting, FACE reviews,and provides overall compliance advice to these
cities.
Mr. Jokerst will continue to serve as the Project Manager for City of Redlands
SMARA compliance efforts. He will be fully involved in the successful
completion of the project objectives. This effort will include review of all
coordination of resources, report review, attendance at important meetings
with operators and elected officials at the City's request. He will also be
responsible for coordinating the efforts of technical specialists. Mr. Jokerst
will main#ain communications with all City staff'during this contract.
James DBCaroUs, Site inspector/GIS Speeialist/UAV Operator,has one
year of experience with miming operations,compliance, Geographic
Information Systems (GIS),and operating an Unmanned Aerial Vehicle (UAV).
Using this experience, Mr.DeCaroiis is able to assist with SMARA inspections,
utilizing GIS to determine permit compliance,and producing aerial photos and
topography data that is obtained by a UAV.
Ms.Loralee Farris
October 19,2Q 15
Page I I
Mr. DeCarolis will assist with annual SMARA compliance objectives. He will
be responsible for Me review, assisting with onsite inspections and reporting,
and assisting with reviewing FACES. Also,if necessary,Mr. DeCarolis will
operate a UAV and process data associated with new aerial photos and
topography data.
OtherEntdroMM Staff(Available if needed, but not expected to participate with
the services described herein).
Dennis Fransway,Principal 3nvironmental Scieutlst,has 33 years
experience in the environmental field providing technical oversight for air
quality, subsurface contamination,and regulatory compliance and permitting
issues. Mr. Fransway is the lead project manager for the City of Lake
Elsinore's SMARA program. He conducts inspections,FACE review,and
provides overall compliance advice to the City. Mr.Fransway was also
essential in supporting the City of Lake Elsinore during the lead agency review
from the State Mining and Geology Board. In addition,Mr.Fransway has
worked extensively thmughout the western United States,providing technical
services to the oil and gas,miring, development, and manufacturing
industries.
B. Specialty Sub Can tants
Bruce Robertson, Civil Engineer, ITEC Consultants, Inc., as principal and
owner of REC, Mr. Robertson has over 20 years in land development
engineering and has extensive experience in conducting hydrology studies. A
complete resume for Mr. Robertson has been provided with this proposal.
W.Robertson's services will.be utilized in the event that a specific issue needs
further evaluation.
Dazmy Simms,Ph.D., Professional Geologist, is an expert in slope design for
mining projects, is licensed in four states (California, Arizona, Oregon, Idaho},
and has provided geologic services for over 25 years. Dr. Simms also expects
to become a Certified. Engineering Geologist in the coming months,. A
complete resume for Dr. Simms has been provided with this proposal.
Dr. Simms's services will be utilized in the event that a specific issue needs
further evaluation.
Complete resumes for the professional staff identified are provided as Attachment 1.
EXHIBIT "B"
PROJECT COSTS AND HOURLY RATES
5nV1r0hAff1-;=F
a Inc.
Environmental &Mine Permitting Services
October 20, 2015
Ms. Loralee Farris
Development Services Department
City of Redlands
P.Q.Box 3005
Redlands, CA 92373
Re: Proposal and Fee/Cost Estimate for
Annual SMARA Compliance Services
Dear Ms. Farris:
EnviroMINE Inc. is pleased to present this proposal for providing assistance to the City
of Redlands in the completion of services for Surface Mining and Reclamation Act
(SMARA)annual compliance mandates. EnviroMINS is well qualified to assist the City
with this task. We are currently under contract with the County of San Bernardino
and the Cities of Upland and Lake Elsinore to assist with SMARA annual compliance
and permit review tasks. We have also contracted with the Cities of Redlands and
Highland for similar services since 1993.
EnviaroMl=is a consulting firm that specializes in permitting and compliance for
surface mining projects. We have served as project manager for the California's
largest missing companies in the completion of numerous reclamation and mine
permitting assignments in all areas of the state. We are confident that EnviroMINE
will be successful in assisting the City of Redlands with implementing the$MARA
program.
EnviroMINE's proposal and a detailed summary of our staffs experience is attached to
this letter. A fec/cost estimate to complete the scope of work per the RFP is also
attached to the:proposal in a separate, sealed envelope. We appreciate the
opportunity to submit this information and our quote. if you have any questions or
concerns after reviewing the enclosed proposal,please feel free to contact us.
Sincerely,
EnviimMINE, Inc.
f�
Travis A. Jokerst
Attachments: Proposal,
Fee/Cost Proposal Envelope
3511 Camino Del Rio South,Scute 403 - San Diego,CA 921.08
(619)284-8515/(800)755-3995 - Fax:(619) 2840115
Fee/Cost Proposal
Due to the uncertainty of the work etibrt, a fixed fee estimate cannot be provided.
Costs will be based an labor and materials that are required to complete the scope of
services. However, estimated costs are provided for your consideration. Total labor
and materials charges to complete the annual mine compliance requirements through
2019 will not exceed $14,000.40 per year. Currently, the Cities have five (5) regulated
mining sites. These sites are listed as follows:
• East Quarry South (formerly Old Webster Quarry)
• East Quarry North (formerly Redlands Aggregate Pit, Johnson Pit, and Orange
Street Processing Plant)
Runge Creek Processing Plant and Silt Pond Quarry
• Alabama Street Quarry(formerly Alabama Street Northwest)
• West Quarry (formerly Alabama Street Northeast and Southeast)
The following budget represents the average cost of completing annual mine
compliance for an individual site. The actual cost per site will depend on a number of
factors,which include the amount of change the site has experienced in the past year
and any compliance issues that are encountered.
Task Hours Rats Total
Fite Review 2.00 $ 155 $ 310
Site Inspection 2.Oa $ 155 $ 310
200 $ 125 $ 250
Financial Assurance Review 3.00 $ 155 $ 465
Complete Inspection Reports/
Mitigation Monitorigg Verification I 10.00 1 $ 125 $ 1.250
Principal Oversiht 1.00 $ 175 $ 175
Travel Cha a $0.59/mi. $ 30
Average Cost Per Mine Site 5 sifts $ 2 790
Optional Updated AedalfTa o Map L.S. S 1 ti00'
*i?rice assumes that all 5 sites are flown.
If necessary, we will request approval from the City prior to completing any work that
would result in exceeding the proposed budget. Copies of the inspection reports will
be provided to the operator, the City, and the Department of Conservation.
Should additional work be required, such as follow-up inspections, attending
additional meetings or reviewing new mining projects, costs will be based on labor and
materials that are required.
Current billing rates for the project team are listed below. These rates may change
prior to expiration of this contract; however, if this happens, the estimated budget
listed above will not be exceeded.
Staff Hour) Rate
Warren R. Coalson $195.00
Senior Eavirorm ental Scientist $175.00
Project Manager $155.00
Environmental.Analyst/Project Assistant $125.00
GIS Technician $105.00
Research Analyst $85.00
Administrat ve $65.00
Sub Consultants Hourl Rate
Bruce Robertson, Professional Engineer $165.00
Danny Simms,Professional Geologist $165.00
Evenses Cost+ 15%
Mileage $0.59 f Mile
The hourly rates listed above are for regular business hours. There are no alternate
pricing structures and no minimums,
EXHIBIT "C„
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group of
employers,which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement.(Labor Code§1861).
1 affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
ENVIROMINE, INC. Date:
By
Warren R.Coalsoff
C:\UsersUfarrislAppDatalL.ocailMicrosoft\windowslTcmporarylntemet7FileslContent.OutlookWPV1H8WB1Enviromine 12.15.15-New.doe