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HomeMy WebLinkAboutContracts & Agreements_31-2023AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of Initial Study/Negative Declaration, or Mitigated Negative Declaration for the Sunset Reservoir site ("Agreement") is made and entered in this 21' day of February, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Chambers Group, Inc., a California Corporation ("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 Initial Study/Negative Declaration, or Mitigated Negative Declaration for the Sunset Reservoir site 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 this 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, any applicable State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City designates John R. Harris, Municipal Utilities and Engineering Department Director, 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. 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 "B," titled "Project Schedule," which is attached hereto and incorporated herein by reference. 4.2 Consultant shall complete the Services by October 31, 2023, unless the Services are terminated earlier as provided for herein. 1 I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-la 4.3 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 Compensation: Total compensation for Consultant's performance of the Services shall not exceed the amount of Sixty -Five Thousand Two Hundred Thirty -Four Dollars and Fifty Cents ($65,234.50). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "C," titled ("Fee Schedule") which is attached hereto and incorporated herein by 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 reimbursable expenses related to 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 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 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: City Cleric City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org Phone: (909) 798-7531 CONSULTANT: Michael McEntee, President Chambers Group, Inc. 5 Hutton Centre Drive, Suite 750 Santa Ana, CA 92707 mmcentee@chambersgroupinc.com Phone: (949) 261-5414 Fax: (866) 261-3100 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 2 I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-la 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. A. 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 execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount 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. C. 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. D. 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. E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. 6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed 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. 3 I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-1a 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 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 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, result in City's immediate termination of this Agreement. 4 I:\emo\Agreements\Chambers Group Inc-FY22-0115.doc-la 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 any 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. 8.4 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 hatters 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, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 5 I:\crno\Agreements\Chambers Group Inc-FY22-0115.doc-la 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 salve 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 RED • NDS CHAMBE' eP IUP, By: Eddie Tejeda, Mayor ATTEST: ne Donaldson, City Clerk 6 By: Michae McEntee, President I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-la EXHIBIT "A" SCOPE OF SERVICES The following Scope of Work details the tasks that the Consultant shall complete with respect to preparing and completing the Initial Study/Negative Declaration or Mitigated Negative Declaration (Project) proposed temporary reservoir located at the Sunset Reservoir site. This scope of work shall be completed within the schedule period listed in Exhibit "B." Task 1— Project Management The Consultant shall be prepared to meet with representatives from the City at a Project Initiation/Kick-Off Meeting to define project goals and objectives, outline project and management approach, identify roles and responsibilities, confirm scope and schedule, and verify the appropriate CEQA documentation needed; as well as receive any previously prepared technical reports, and address the needed technical studies described above. The Consultant shall also survey the project site and the immediate surrounding area and make a photographic record to document the existing conditions. The Consultant shall manage and coordinate all components of the Project and take a proactive role in keeping all tasks on schedule and on budget and ensure timely completion of the environmental documents. The Consultant shall update the project schedule monthly. The Consultant shall submit monthly status reports providing an overview of progress made and tasks to be accomplished the following month. The Consultant shall give prior notice to the City, and obtain acceptance from same, before performing work outside the contract work scope and thereby contract budget amount. The Consultant shall ensure full coordination with City staff and be responsive to any email and telephone discussions. The Consultant shall be in weekly contact with the City to ensure a timely City review of deliverables. The Consultant shall work with all stakeholders in a responsible manner. The Consultant shall consult with the responsible agencies to discuss potential environmental impacts and mitigation measures for the reservoir project. Responsible agencies are expected to include but not necessarily limited to California Department of Public Health, California Department of Fish and Game (CDFG), Division of Drinking Water, and any other agencies that may be identified as responsible agencies during the California Environmental Quality Act (CEQA) process. Task 2 — Resource Documents and Data Review The Consultant shall review the available project -related data and reports provided by the City, including record drawings, shop drawings, geotechnical reports, past investigation reports, and repair or improvement plans. Following the review of existing data, any gaps in the data and recommendation for correcting the gaps shall be discussed with the City. The Consultant shall work closely with the City to determine what additional data must be collected in support of the 7 I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-la CEQA document being prepared. The Consultant shall also conduct interviews with appropriate City engineering and operations staff. Task 3 — IS/MND Task 3.A — Administrative Draft IS/MND The Consultant shall develop a comprehensive description for the Project that will form the basis for the analysis of the potential impacts on the environment, based on the information provided by the City. The project description shall include a narrative and graphical presentation of the Project, including components, location and boundaries, and regional and vicinity maps. The Consultant shall utilize the information gathered in the technical studies to expedite the preparation of the project description. The Consultant shall prepare an Initial Study (IS) Checklist to confirm the appropriate level of CEQA documentation for this Project and provide any relevant information that may be useful for scoping purposes. In compliance with CEQA Section 15063, the IS will contain the following, in brief form: • A description of the Project, including the location of the Project; • An identification of the environmental setting; • A preliminary identification of environmental effects by use of a checklist, matrix, or other method, with some evidence to support the entries; and • A preliminary discussion of the ways to mitigate the significant effects identified; if any. The environmental factors outlined in the CEQA checklist include: • Aesthetics • Agricultural and Forestry Resources • Air Quality • Biological Resources • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions (GHG) • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • • • • • • • • • Mandatory Findings of Significance Mineral Resources Noise Population and Housing Public Services Recreation Transportation Tribal Cultural Resources (TRCs) Utilities and Service Systems Wildfire The Consultant shall closely follow and advise regulatory, legislative, and legal changes in CEQA practice. As such, the Consultant shall have amended their standard IS template to include the proposed revisions to Appendix G of the CEQA Guidelines as proposed by the Office of Planning and Research (OPR) and the California Natural Resources Agency. The Consultant shall identify issue areas where no impacts or less than significant impacts would result from the Project. Technical analyses shall be conducted for resource areas that may have 8 I:\emo\Agreements\Chambers Group Inc-FY22-0115.doc-la an impact from the Project such as air quality, GIIGs, and noise. Additional focus shall be given to impacts on aesthetics regarding consistency with the surrounding area and land use and planning. Deliverables: One (1) electronic Portable Document Format (PDF) and/or Word copy of the Administrative Draft IS. Task 3. B: Preliminary Draft Initial Study (IS)/MND After receipt of one set of integrated comments on the administrative draft IS from the City, the Consultant shall revise the IS accordingly. In addition to the IS, the Consultant shall provide a recommendation for the appropriate level of CEQA documentation. This recommendation shall be a Negative Declaration (ND), a Mitigated Negative Declaration (MND), or an Environmental Impact Report (EIR). The IS shall be used as a guide in the decision as to the appropriate environmental documentation to prepare for the project. If one or more significant impacts are identified during the IS process, including the results from the prepared technical studies, an MND shall be prepared. The following is a list of the required contents of a MND: • Brief description of the project; • Location of the project (preferably shown on a map); • Nalne of the project proponent; • Finding that the project will not have a significant effect on the environment; • Mitigation measures included in the project to avoid potentially significant effects; and • A copy of the IS. Based on CEQA defined significance criteria, the Consultant shall determine the potential for any adverse or significant adverse impacts and present mitigation measures to reduce any such impacts to a level below significance. Deliverables: One (1) hard copy and one (1) Compact Disk (CD) containing an electronic copy of the IS if requested, one (1) electronic copy of the PDF for City review. Task 3.C: Technical Analyses Task 3. C.1: Biological Reconnaissance Survey and Report The Consultant shall conduct a desktop survey to determine if there are any records of listed and/or sensitive plant and wildlife species and communities occurring on or in the immediate vicinity of the project site. This task shall include a review of the California Natural Diversity Database (CNDDB), California Native Plant Society's Electronic Inventory (CNPSEI), and the United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) Maps and Sensitive Species Occurrences, blue -line drainages, United States Department of Agriculture (USDA) Natural Resources Conservation Service soil survey maps, and historical aerial 9 I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-la photographs of the Project area. A study area map shall be created to identify the area to be analyzed in the report. The Consultant shall conduct a reconnaissance -level survey of the biological resources in the survey area. The Consultant shall document the presence of common and sensitive biological resources, both flora and fauna, in the project survey area. The field survey shall focus primarily on determining the potential presence of federal- and state -listed or otherwise sensitive plant and wildlife species with potential to occur within the project site including southern California legless lizard (Anniella stebbinsi), and orange -throated whiptail (Aspidoscelis hyperythra). Plant communities shall be mapped and include identifying native and/or ornamental trees that may require permitting for removal. Photographs shall be taken to document the current conditions of the survey area and immediate vicinity. Lists of all species of plants and animals observed during the survey shall be recorded. The Consultant shall assess the site for jurisdictional waters that may fall under the regulatory jurisdiction of the US Army Corps of Engineers (USACE) pursuant to Section 404 of the Clean Water Act, Regional Water Quality Control Board (RWQCB) jurisdiction pursuant to Section 401 of the Clean Water Act, and California Department of Fish and Wildlife (CDFW) jurisdiction pursuant to Section 1602 of the Fish and Game Code. The Consultant shall prepare a Biological Technical Report that will include an introduction, methods used to conduct the surveys, results of the existing conditions of biological resources within the survey area, a discussion of sensitive species and plant and wildlife communities, and references cited. The report shall include a discussion of the potential for sensitive species to occur within the survey area and the adjacent habitat. The report shall include current photographs and maps documenting existing site conditions and the locations of any sensitive and listed species occurring, or potentially occurring, at the site. The report shall also discuss any waters or riparian habitats that may occur within the project site. In addition, the report shall identify potential mitigation measures to reduce impacts as a result of Project activities. The report shall include up to five (5) graphics including a vicinity map, biological resources map, and photographs of the site. The report shall contain up to twenty-five (25) pages of text and tables and up to ten (10) pages of appendices. Plant and wildlife species lists observed during the survey shall be included as appendices to the report. One (1) electronic copy of the Biological Technical Report shall be provided for review within three (3) weeks of completing the survey. The Consultant shall incorporate one (1) round of comments into the final report within one (1) week of receiving comments on the draft report. Electronic copies of the final report shall be submitted. Deliverables: One electronic copy of the Biological Technical Letter Report within 3 weeks of the completion of the survey. Task 3.C.2; Air Quality, GHG, and Noise Analysis The Consultant shall provide the following services segmented into tasks for this study effort: 10 I:\emo\Agreements\Chambers Group Inc-FY22-0115.doc-Ia Air Quality & GHG Emissions Technical Memo The Consultant shall: • Provide the Project location and nearby sensitive receptors and a project description. • Identify applicable federal, state, and South Coast Air Quality Management District (SCAQMD) rules and regulations and current attainment status of federal and state standards, and current SCAQMD attainment plans. • Identify the existing air quality setting in the area and obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARB) data sources. Data shall be obtained for air pollutants, including ozone, nitrogen dioxide (NO2), and particulate matter (PM10 and PM2.5). • Identify SCAQMD thresholds of significance for the criteria pollutants and GHG emissions. • Provide a project consistency analysis with the SCAQMD's Air Quality Management Plan (AQMP). The consistency analysis shall determine if the Project will contribute to air quality violations and if it will comply with AQMP control measures. • Evaluate and quantify regional criteria pollutant and GHG emissions associated with each phase of construction activities for the Project utilizing the California Emissions Estimator Model® (CalEEMod) and construction assumptions provided by the City. Compare the Project's construction -related regional criteria pollutant emissions to the SCAQMD thresholds. If significant emission levels are found to be created from construction activities, feasible mitigation shall be developed and quantified. • Evaluate local NOx, CO, PM10, and PM2.5 emissions at the nearby homes from each phase of construction activities for the Project utilizing SCAQMD's Lookup Tables and the methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, July 2008. If significant local pollutant emission levels are found to be created from construction activities, feasible mitigation will be developed and quantified. • Provide a qualitative analysis of the construction -related toxic air contaminant (TAC) impacts from the Project and detail how due to the limited duration of construction activities that the cancer and non -cancer risks would be less than significant. • Provide a qualitative operational emissions analysis that details how the operation of the proposed water tank would be passive and would not typically create any air emissions. • Provide a qualitative odor analysis from construction and operation of the proposed project. The odor analysis shall identify the potential sources of odors and the number of variables that can influence the potential for an odor impact as well as providing detail of what constitutes a significant odor impact. • Compare the construction related GHG emissions to the SCAQMD's threshold of 3,000 metric tons of CO2e per year. If the GHG emissions exceed any applicable thresholds, provide mitigation to reduce the GHG emissions to less than significant. • Utilize the results of the above tasks to develop responses to each of the air quality and GHG Emissions CEQA checklist questions. Noise Technical Memo The Consultant shall: • Provide a Project description that details the project components, the Project location and nearby sensitive receptors. 11 I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-la • Detail fundamentals of noise that include noise source characteristics, noise propagation, and definition of decibels and other noise descriptors. • Identify applicable noise and vibration regulations and thresholds of significance. • Evaluate the existing noise environment and obtain two short-term (approximately 15 minute) noise measurements in order to determine the existing ambient noise conditions on the project site and at the nearby homes. • Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM) Version 1.1 to analyze potential noise impacts at the nearby homes from each phase of construction activities for the Project. Compare the results to the applicable City noise standards. If necessary, develop mitigation to minimize the noise impacts from construction activities at the nearby sensitive receptors. • Analyze potential vibration impacts associated with construction activities through. application of the methodology used in the Transportation- and Construction -Induced Vibration Guidance Manual (Vibration Guidance Manual), prepared for Caltrans. • Provide a qualitative operational noise analysis that details how the operation of the proposed water tank would be passive and would not typically create any noise. • Prepare a noise impact analysis documenting the results of the study and provide responses to each of the noise -related CEQA checklist questions. Assumptions: • The Project shall include the review of one set of governmental agency comments, whether verbal or written, and revision of the memos (if necessary). If responses are required for additional governmental agency comments, the responses and revision of the memos shall be billed on a time -and -material basis. • If public hearings/meetings are required and requested, attendance at meetings or hearings shall be billed on a time -and -material basis. Task 3. C.3: Cultural Resources Assessment Records Search Requests/Literature Review • The Consultant shall conduct a cultural resources desktop study. The study shall include an extensive literature review, including a review of the findings of a records search through the California Historical Resources Information System (CHRIS) database at the appropriate Information Center (IC). The records search shall be conducted by IC staff and review relevant previously recorded cultural resources and previous investigations completed for the half -mile search radius surrounding the Project site. Information to be reviewed shall include location maps for all previously recorded cultural resources, previously conducted investigation boundaries, National Archaeological Database (NADB) citations and copies for associated reports, historic maps, and historic addresses. The Consultant shall also review properties listed on/as the California Points of Historical Interest (CPIII), California Historical Landmarks (CHL), California Department of Transportation (Caltrans) Historic Highway Bridge Inventory, California Historical Resources Inventory, local city and county registries of historic properties, the California Register of Historic Resources (CRIIR), and the National Register of Ilistoric Places (NRHP). Additional sources of information that may be reviewed include but are not limited to Certified Local Government annual reports and other data, Historic American 12 I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-la Buildings Survey/Historic American Engineering Record (HABS/HAER) records, the National Register Information System, the on-line database for National Register sites, Calisphere Digital Resources, Online Archive of California, General Land Office Plat Maps, Sanborn Fire Insurance Maps, local historical societies and libraries, as well as inventory files and data on -file with other agencies that control property near the area. The task shall also include a search for potential prehistoric and/or historic burials (human remains) evident in previous site records and/or historical maps (i.e., Sanborn Fire Insurance Maps, General Land Office Plat Maps). A paleontological records search shall also be completed for the half -mile search radius surrounding the Project site by the relevant Natural History Museum. • In addition to the above research, a request that the Native American Heritage Commission (NAHC) shall be submitted for a review of their Sacred Land Files (SLF). This search is intended to identify if any resources important to Native Americans have been recorded within the Project site and surrounding vicinity. The NAHC will provide the results and a list of affiliated tribal representatives to contact for additional information. The Consultant shall provide the results of the NAHC SLF search and list of tribes directly to the City upon receipt and they shall also be captured in the associated cultural resources report. Field Survey The Consultant shall complete a field survey of the Project area. The cultural resources survey shall be conducted in accordance with the professional standards as described by the National Parks Service, Secretary of Interior's Standards and Guidelines, as amended, for Archaeology and Historic Preservation. The Consultant shall survey the entire proposed Project area for the presence of: • Prehistoric artifacts (e.g., flaked stone tools), stone milling tools, tool-making debris, historic artifacts (e.g., metal, glass, ceramics), sediment discoloration (ex. midden, hearth features), depressions and other features indicative of the former presence of structures or buildings (e.g., post holes, foundations), historic ruins, buildings, structures, and/or objects. One (1) simple cultural resources may be identified during survey and require in -field, and post - field documentation. Cultural Resources Report The Cultural Resources Report shall be prepared according to Archaeological Resource Management Report (ARMR) Guidelines and California State Historic Preservation Office (SHPO) Guidelines, and detail the methods used, describe the results of the records search and literature review, survey, and include any related recommendations. The report shall contain up to thirty (30) pages of text, graphics, and appendices. The report shall also discuss the paleontological sensitivity of the Project site, as well as, addressing the results of the NAHC SLF records search. AB 52 Tribal Consultation Support The Consultant shall prepare and send Request to Consult Letters to the list of tribes in which the City has identified for notification under AB 52. This task shall provide support to the City 13 I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-la including, but not limited to, preparing and transmitting Request to Consult Letters to respective tribes; support with consultation regarding the Project plans and potential impacts; conference calls with tribes; and/or development of mitigation measures, as appropriate. The Consultant shall prepare up to four (4) Request to Consult Letters, set up a total of four (4) separate conference calls with tribes, and coordinate the conclusion of consultation through emails. The Consultant shall also prepare a Tribal Consultation Summary Memo to outline the process and denote the conclusion of the consultation(s). Should any tribe request a site visit, or require further calls to conclude consultation, the City shall cover this expense and provide the tribe(s) an opportunity to visit the Project site. Assumptions: • The City shall provide the Consultant with confirmation on the Project footprint at the time of authorization or Notice to Proceed (NTP). This information shall not change once the Consultant has initiated the tasks above. All required records searches shall be submitted within one week of receipt of NTP. • The Consultant shall bill the actual amount the institution charges to conduct the record search without a markup. • This task does not currently include the issuance of NAHC Scoping Notification Letters to NAHC-listed points of contact to request information regarding the proposed Project site. These informal evidence gathering letters are not a substitute for government -to - government consultation by the City. If the SLF search returns positive results and/or the City requests that these notification letters be transmitted, a revised scope of work and cost may be necessary. • The City shall coordinate with the current landowners, if necessary, to grant access to all properties within the Project area requiring survey. If access to restricted parcels is not available at the time of the scheduled survey, subsequent surveys may be required at additional time and costs. • Should a Native American Monitor be required during survey of the proposed Project, the City shall address any associated costs, or a revised scope of work and cost may be necessary. • This task assumes that up to one (1) cultural resource may be encountered during the field survey. Should any cultural resource be identified, this finding shall be discussed in the report and Department of Parks and Recreation (DPR) forms (archaeological site records) shall be prepared and included as a confidential appendix. If additional cultural resources are identified, and pending approval to record such items, a revised scope of work and cost may be necessary. • The Consultant shall provide a draft report to the City for review within four (4) weeks after completion of the field survey. • This task cost estimate assumes that only one (1) round of consolidated report comments from the City shall be received to be incorporated into the final document within two (2) weeks after draft review. If additional comments are received, a revised scope of work and cost for additional review may be necessary. • This task does not include cultural or paleontological resources testing, data recovery, analysis, monitoring, or similar programs. • This task includes the issuance of Request to Consult Letters under AB 52 to City -listed points of contact to offer receiving tribal groups an opportunity to request consultation. 14 I;\emo\Agreements\Chambers Group Inc-FY22-0115.doc-la The City shall prepare a list of Tribal Representatives who have previously expressed a desire to be notified when a project requires AB '52 consultation, and the City shall provide that list to the Consultant. The Consultant shall draft the Request to Consult Letter for the City to review and approve. Upon review and approval by the City, the Consultant shall support with drafting letters and transmit to all respective Tribal Representatives listed with the City. The number of contacts assumed in this scope of work is four (4) recipients. • This task includes AB 52 consultation support with requesting tribal groups and includes time for up to four (4) meetings, up to one (1) hour duration respectively, with City Staff and tribal members in an online forum. ® This task includes a Tribal Consultation Summary deliverable provided within two (2) weeks of conclusion of the consultation, to capture the AB 52 process and denote the results. Task 4: Additional CEQA Processing Assistance The Consultant shall provide the City and other appropriate parties with additional CEQA processing assistance on a time and materials (T&M) basis following submittal of the revised Administrative Draft IS/ND or MND to the City. An initial budget of forty (40) hours shall be included to assist the City in responding to comments from pertinent agencies on the Administrative Draft IS/ND or MND. Tasks could include, but are not limited to, meetings with the City, DDW staff or others, preparing all required CEQA notices (i.e. Mitigation Monitoring and Reporting Program [MMRP], preparing and filing the Notice of Determination [NOD], etc.) for this Project. Task 5: Prepare Responses to Comments Based upon comments received from public review, responses to the comments shall be prepared. A draft of these responses shall be provided to the City. Up to twenty-five (25) comments on the IS/MND are assumed, with responses requiring minimal further investigation or studies. These responses shall be provided to the City as a separate Responses to Comments document. Upon receipt of the City's comments, the Consultant shall finalize the responses to comments. Responses to public agency comments shall be mailed by the City. Task 6: Final IS/MND The Consultant shall submit a Final IS/MND, comments and responses to the Draft, MMRP, and other necessary CEQA documents to the City. The City shall submit the CEQA documents to DDW with the permit application. The NOD is filed following the City Council decision to carry out or approve the Project for which the MND has been prepared. The Consultant shall prepare the NOD. The City shall file the NOD with the State Clearinghouse and the County Clerk. The City shall be responsible for CDFW filing fees, if necessary. Deliverables: MMRP incorporated into Final MND, an electronic PDF copy of the NOD. 15 I:\crno\Agreements\Chambers Group Inc-FY22-0115.doc-la Task 7: Meetings In addition to the Project kickoff meeting, The Consultant shall attend meetings or hearings as directed by the City, with respect to the project's CEQA and permitting issues. This task provides for an initial budget of sixteen (16) hours. Additional meetings shall be provided on a T&M basis. 16 I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-1a EXHIBIT "B" PROJECT SCHEDULE Task Feb Mar Apr May Jun Jul Aug Sep Oct Task I: Project Management & Initiation Task 2: Resource Documents & Data Review Task 3A: Administrative Draft IS/MND Task 3B: Preliminary Draft IS/MND Task 3C: Teclmical Studies Task 3.C.1: Biological Resources Assessment Task 3.C.2: Air Quality, GHQ and Noise Analysis - Task 3.C.3: Cultural Resources Assessment Task 4: Additional CEQA Processing Assistance Task 5: Prepare Responses to Comments Task 6: Final Initial Study/Mitigated Negative Declaration MEM Task 7: Meetings 17 I:\ctno\Agreements\Chambers Group Inc-FY22-0115.doc-la EXHIBIT "C" FEE SCHEDULE City of Redlands Professional Services for Initial Study/Negative Declaration or Mitigated Negative Declaration Item Price Task 1: Project Management & Initiation $2,394.00 Task 2: Resource Documents & Data Review $2,505.00 Task 3A: Administrative Draft IS/MND $14,516.00 Task 3B: Preliminary Draft IS/MND $5,616.00 Task 3C: Technical Studies Task 3.C.1: Biological Resources Assessment $7,239.00 Task 3.C.2: Air Quality, GIIG, and Noise Analysis $6,279.00 Task 3.C.3: Cultural Resources Assessment $10,098.50 Task 4: Additional CEQA Processing Assistance $5,472.00 Task 5: Prepare Responses to Comments $5,624.00 Task 6: Final Initial Study/Mitigated Negative Declaration 0 _, ,$2,816.00 Task 7: Meetings $2,675.00 TOTAL $65,234.50 18 I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-la EXHIBIT "D" 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 this certificate are true and correct. CHAM : I ' ^ 11,' OT,J By: Micha 1 McEntee, President 19 Date: 41(11 2-3 I:\cmo\Agreements\Chambers Group Inc-FY22-0115.doc-la