HomeMy WebLinkAboutContracts & Agreements_207B-2022AGREEMENT FOR THE PROVISION OF PROFESSIONAL
ENVIRONMENTAL CONSULTING SERVICES FOR A PRIVATE PROJECT
This agreement for the provision of professional environmental consulting services
("Agreement") is made and entered into this 12th day of October, 2022 ("Effective Date"), by
and between the City of Redlands, a municipal corporation ("City") and MIG, Inc.
("Consultant"), who 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 professional environmental consulting
services for City (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.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," titled "Scope of Services," 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 Brian Desatnik, City's Development Services Director, and his designees,
as City's representatives 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.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in accordance with the project
schedule. The Services shall commence on the Effective Date of this Agreement and be
completed on or before June 30, 2023.
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4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the 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 fifty-four thousand seven hundred dollars ($54,700). City shall pay Consultant on
a time and materials basis, up to the not to exceed amount, in accordance with Exhibit
"B," titled "Project Costs and Hourly Rates," which is attached hereto and incorporated
herein by this reference.
5.2 Consultant shall submit an invoice to City describing the Services performed, the dates
the Services were performed, and the number of hours spent and by whom, upon
completion of the Services. 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 certified, registered or
express 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 or electronic mail
transmission (including PDF), 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:
Brian Desatnik, Director
Development Service Department
35 Cajon Street, Ste. 20
P.O. Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands.org
(909) 798-7555
Consultant:
Pamela Steele, Principal
MIG, Inc.
1650 Spruce Street, Suite 106
Riverside, CA 92507
pams@MIGcom.com
(951) 787-9222
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage 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.
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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 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. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
8.3 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.
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8.4 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.
8.5 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.
8.6 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 verbal 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.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.8 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.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS MIG, INC.
Charles M. Duggan, Jr.,7//
Pamela Steele, Pri cipal
City Manager
ATTEST:
P /i_
gS.X•10,64-4'j
e Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
iso
SCOPE OF WORK
Task 1 — Initiate Project, Data Collection
A project initiation/kick-off meeting (video conference) will be held with City staff and
the applicant to review the scope of work concerning the project description, project
tasks, objectives, and work products. This meeting will also be an opportunity to discuss
key project issues and concerns and establish communication protocols. During or prior
to this meeting, it is anticipated that all project documents will be provided to MIG
including a detailed and dimensioned site plan.
Task 2 —Technical Peer Review — Air Quality, Energy, GHG, and Noise
MIG will conduct a thorough and comprehensive peer review of the applicant's
technical air quality, energy, greenhouse gas (GHG), and noise studies and analyses for
consistency with project description details, appropriate assumptions and methodology,
and technical accuracy. MIG will ensure the reports are technically accurate by
checking whether:
• Report assumptions are predicated upon facts or expert opinion and are consistent
with the project description and other technical analyses (e.g., traffic report);
• Report methods use current, industry -accepted models, equations, and other
guidance and recommendations; and
• Report conclusions are based on substantial evidence.
For example, the applicant's air quality emissions estimates should be based on the
latest guidance, and methods recommended for use by the South Coast Air Quality
Management District (SCAQMD), including the SCAQMDs CEQA Handbook, as
updated. Similarly, the applicant's noise analysis should clearly identify the potential
noise levels resulting from construction and operation, and whether project noise levels
exceed applicable City standards.
MIG's objective peer review will support the City's CEQA findings with substantial
evidence and demonstrate the City has exercised its independent judgment and analysis
in deciding whether to approve the proposed project. We will prepare a brief
memorandum summarizing the results of our peer review that identifies key issues and
deficiencies, if any, in the technical studies and recommends revisions and/or
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supplemental analyses necessary to prepare an adequate CEQA document for the
project. If necessary, MIG will review the applicant's revised studies and/or responses
to comments provided to address MIG's peer review comments. To complete this task
within the scope and budget identified below, MIG has assumed:
• The applicant's technical analyses will be of sufficient quality to support a peer review.
• Electronic data files will be available for review (e.g., CaIEEMod input files, AERMOD
output files, noise data sheets, energy consumption spreadsheets)
• MIG staff will require up to three (3) hours (per study) to review any responses to
comments and revised studies provided to address MIG's peer review comments.
Task 3 — Cultural Resources Study (CRM TECH)
Historical USGS maps and aerial images show an existing building within the project
boundaries that likely dates to at least the mid-196Os, and as such is well beyond the
50-year threshold for historical significance consideration. Given this information, this
task includes recording and assessing the building according to CEQA and City criteria
as outlined in the subtasks listed below.
1. Digitize the project area boundary and produce maps of it and the vicinity on General
Land Office land survey plat maps and historic -period and current USGS maps for use
during the records searches, prehistorical and historical background research, Native
American scoping, field inspection, and for inclusion in the report.
2. Request a historical/archaeological resources records search using the California
Historical Resources Inventory and other sources from the South Central Coastal
Information Center (SCCIC); based on this information regarding previous cultural
surveys and the numbers and types of cultural resources that have been recorded in
the area preliminary sensitivity assessment of the area will be developed.
3. Conduct general prehistorical and historical background research using a variety of
literature and map sources.
4. Request a sacred lands record search from the Native American Heritage
Commission; this subtask does not include contacting all the Tribes on the list
supplied by the Commission since the City will be contacting them according to their
AB 52 requirements.
5. Conduct a pedestrian field survey of the project area following professional
archaeological procedures appropriate to existing the existing setting.
6. Conduct a field inspection and field recordation of the building and any associated
features that are more than 45 years old.
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7. Quickly inspect the surrounding neighborhoods to provide architectural context
information.
8. Complete standard site record form (DPR 523) on the building (or any other cultural
resources in the project area) that merit formal recordation under guidelines set forth
by the California State Office of Historic Preservation.
9. Conduct historical background research on the property and the building to learn
about the construction and ownership history, construction materials, methods and
renovations/improvements, and occupant history, and to determine possible
associations with significant historical figures or events, if any.
10. Consult with the appropriate City departments and/or local historical societies
regarding the building's potential significance to the community.
11. Prepare a report according to CEQA and City requirements and guidelines to
document the methods and findings of subtasks 1-10, stating results, evaluating the
historical significance of the building, providing conclusions, and making appropriate
recommendations for cultural resources compliance, as necessary.
Task 4 — Transportation Studies Peer Review (Ganddini Group)
Ganddini Group shall prepare a transportation studies peer review for the proposed
project consisting of the subtasks listed below.
• Obtain the current project site plan and review the proposed development with the Client.
• Review vehicle miles traveled (VMT) screening assessment for compliance with CEQA
and City- established methodologies, including review of transit priority area criteria,
low VMT area screening, and project type screening. Based on preliminary, a VMT
screening assessment is anticipated to be adequate; therefore, peer review of more
detailed VMT modeling/analysis is not included in this scope of work.
• Review the level of service (LOS)/operational analysis for compliance with the City's
Measure U requirements, including review of trip generation calculations, existing
conditions documentation, traffic forecasts, LOS calculations, significance of project
impacts, and proposed improvements (if any).
• Prepare a written letter than documents the peer review findings and comments. The
peer review letter will be delivered to the Client in electronic format (PDF). The peer
review will provide a general assessment of the adequacy of the evaluation as well as
specific comments regarding technical content of the report(s). If necessary, review a
second submittal and prepare a second letter to confirm any comments noted in the
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initial peer review are adequately addressed.
Task 5 — Prepare Administrative Draft IS/MND
MIG will use the CEQA Guidelines Appendix G Standard Environmental Checklist or
the City's version of the checklist, for the Initial Study analysis of the project. MIG will
provide thorough and comprehensive answers to each IS checklist question which will
be supported by tables, figures, maps, and graphics as appropriate with source
information referenced. The IS/MND document will include the following components
and will be supported by the technical studies that will be provided as described under
Task 2, above.
Introduction
MIG will describe the purpose and organization of the IS/MND, and the need for the IS
according to CEQA Guidelines. The intent is to provide the CEQA Lead Agency (the
City of Redlands) and the public with detailed information about the project's
environmental effects and any measures required to mitigate potentially significant
impacts.
Existing Conditions and Project Description
The existing physical conditions on the site and in areas surrounding the site will be
described to establish baseline conditions for the project. The project description will
then be compared to the existing conditions and serve as the basis for all subsequent
analyses of environmental impacts and, thus, is an essential component of the
environmental document. MIG will formulate an accurate and well-defined project
description containing a comprehensive description of all aspects of the project,
including activities and processes that will occur on the site, as well as any off -site
improvements necessary to implement the project. The project description will also list
the required permits needed to implement the project.
CEOA Checklist Issue Areas
MIG will describe physical changes to the environment that could result from the
construction and operation of the project by addressing the 80+ questions within the 20
issue areas in the Initial Study Environmental Checklist. MIG will use the IS checklist
questions, project plans, relevant Thresholds of Significance, and City of Redlands
policies to determine significant impacts. Mitigation measures and/or avoidance and
minimization measures will be recommended to reduce potentially significant impacts
to less than significant levels, as necessary.
Task 6 — Public Draft IS/MND
Following receipt of City comments (combined in a single comment document) on the
Administrative Draft IS/MND, MIG will prepare a draft screen check document that
addresses the comments. MIG will then submit the screen check draft for final review
and comment. Upon approval of the screen check document, MIG will prepare a Public
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Draft IS/MND as well as the CEQA Notice of Intent (NOI) to adopt a Mitigated
Negative Declaration. MIG will be responsible for notice distribution and filing with
the San Bernardino County Clerk. This task assumes that the City will be responsible
for ads published in the local newspaper and any physical on -site posting that may be
required by City regulations.
Task 7 — Final Documents: Response to Comments, MMRP, and Required Notices
Following the conclusion of the CEQA public review period of the Public Draft
IS/MND, MIG will, if needed, assist the City in responding to any written comments
received, including the preparation of written responses, if necessary.
MIG will also prepare the Mitigation, Monitoring, and Reporting Program (MMRP) for
all mitigation measures adopted to ensure they are implemented as intended by the
IS/MND. MIG will prepare an MMRP pursuant to Section 15097 of the State CEQA
Guidelines that will be a table of all the mitigation measures included in the IS/MND.
The City of Redlands will use the table to track the implementation and monitoring of
the mitigation measures. For each measure, the responsibility for ensuring proper
implementation will be identified along with the timing and method of verification.
Immediately following the City's approval of the project and adoption of the IS/MND,
MIG will provide a draft Notice of Determination (NOD) to the City. Following their
approval of the NOD, MIG will file it with the San Bernardino County Clerk's Office
within five working days of project approval. At the time of the filing, fees will need to
be provided by the applicant under the State of California Fish and Game Code Section
713. This fee is not included in our proposal.
Task 8 — Meetings and Hearings
This task assumes MIG' s participation in one internal meeting with the City and/or
applicant and attendance at two public hearings for the adoption of the IS/MND. The
meetings will be attended by lead MIG environmental staff. The budget for this task
does not include the project kick-off meeting which is covered under Task 1.
Task 9 — Project Management
MIG recognizes that frequent, immediate, and clear communication with the project
team is essential to keep the environmental review phase of the project on track. MIG
has allocated budget for communication and coordination with the City and other
project team members to ensure we can communicate clearly and effectively.
Additionally, this budget covers contractual matters, case administration, and our
quality control review process.
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EXHIBIT "B"
PROJECT COSTS AND HOURLY RATES
The base cost to prepare the technical studies and IS/MND is estimated to be $54,700 based on
time and materials. Expenses will be billed at cost plus ten percent. Invoicing will occur monthly
based on time and materials. Payments are due and payable within 30 days of receipt of invoice
to MIG, 800 Hearst Avenue Berkeley, CA 94710. As the project progresses, if there is a change in
scope or additional time and efforts are needed, an amendment to the budget will be requested
before proceeding. A summary of the budget, with amounts estimated for each task, is provided
below. Our budget is based on a total not -to -exceed budget for all listed tasks and allows for a
shift of funds among tasks, provided the overall budget amount is not exceeded.
1. Initiate Project, Data Collection $3,500
2. Peer Review of Air Quality, GHG/Energy and Noise Studies $9,500
3. Cultural Resources Study (CRM TECH)* $7,200
4. Transportation Studies Peer Review (Ganddini Group)* $4,400
5. Prepare Administrative Draft IS/MND $14,000
6. Prepare Public Draft ISIMND $4,100
7. Prepare Final Documents - MMRP, RTC, NOD $3,800
8. Meetings and Hearings $3,100
9. Project Management $3,600
Labor Cost Subtotal $53,200
Expenses $1,500
TOTAL (labor + expenses) $54,700
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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).
I 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.
MIG, INC.
By: Date:
Pamela Steele, Principal
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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).
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.
MIG, INC.
Paine Steele, Principal
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