HomeMy WebLinkAboutContracts & Agreements_15A-2023EA-7.2 (12.8.21)
AGREEMENT 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 23rd day of January, 2023 ( "Effective Date"), by
and between the City of Redlands, a municipal corporation ("City") and Moore Lacofano
Goltsman, Inc., a California Corporation ("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," including a 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 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 December 31, 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 of eighty-two thousand nine hundred dollars ($82,900). City shall pay Consultant
on a time and materials basis, up to the not to exceed the 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. 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 "C"
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. 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.
D. 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 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
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:
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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
Charles M. Duggan, Jr.,
City Manager
ATTEST:
ne- Donaldson, City Clerk
Moore Lacofano Goltsman, Inc.
Pamela Steele, Principal
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EXHIBIT "A"
SCOPE OF SERVICES
PROJECT UNDERSTANDING
EA-7,2 (12.8.21)
The City has requested that Consultant submit a bid to provide environmental services, in
accordance with the California Environmental Quality Act (CEQA), for a 103-home, small -lot
condominium project on approximately 9 acres located at the northwest corner of Wabash
Avenue and Colton Avenue. The project site is vacant. It also is bordered by an unincorporated
San Bernardino County territory east of Wabash Ave and, therefore the County is a potential
CEQA Responsible Agency.
Our understanding is that the project will require approval of a Tentative Tract Map, Conditional
Use Permit, and General Plan Amendment. The City has also requested the applicant to draft a
citywide, small lot subdivision ordinance that will accommodate certain elements of the project
that do not comply with the existing R-2 zoning. on this site as well as on other sites in the City.
The RFP indicates that, while the CEQA analysis should acknowledge and include the ordinance
in the project description, it is the staffs opinion the application of the ordinance would be
consistent with densities in the General Plan throughout the City and therefore would be unlikely
to result in significant impacts. Based on this opinion, our scope of work and fee assumes that
little or no analysis will be required in the IS/MND for potential impacts of the new small -lot
subdivision ordinance on other parts of the City beyond the project site.
SCOPE OF WORK
Task 1 — Initiate Project, Data Collection
A project initiation/kick-off meeting (video conference) will be held with City staff and, if desired,
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 Consultant including a detailed and
dimensioned site plan.
Task 2 — Prepare Technical Studies
To thoroughly analyze potential project impacts for certain issues, technical studies will be
prepared. These technical studies will be used to satisfy the requirements of CEQA, will address
all CEQA-required assessments, and will be supported with references and appendices
containing technical information. Consultant will prepare one administrative draft of each
technical study for review by the City before finalizing the reports for use in the CEQA
evaluation of the project.
The findings and conclusions of each study will be used to support the preparation of the
IS/MND (See Task 4, below).
Task 2A — Air Quality/Health Risk Assessment
The Air Quality/Health Risk Assessment will fully evaluate the proposed project's potential air
quality impacts, including:
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• Project consistency with the South Coast Air Quality Management District's (SCAQMD)
Air Quality Management Plan;
• Potential construction (short-term) and operational (long-term) emissions of criteria air
pollutants (e.g., particulate matter or PM), fugitive dust, and toxic air contaminants
(TAC);
• Potential substantial pollutant concentrations resulting from project construction and
operation, including concentrations of diesel PM, a TAC, at sensitive receptor locations,
and carbon monoxide hot spots;
• Potential project odors; and
• Cumulative increases in non -attainment pollutants within the South Coast Air Basin.
We will use the California Emissions Estimator Model (CaIEEMod, Version 2022) to quantify the
emissions generated by the construction and operation of the proposed project. The resulting
emissions estimates will be compared to regional CEQA significance thresholds maintained by
the South Coast Air Quality Management District (SCAQMD). Consultant will also compare the
proposed project's estimated emissions against the SCAQMD's Localize Significance
Thresholds (LSTs). The SCAQMD's LSTs help public agencies analyze the project -related
effects of pollutants on sensitive receptors (which border the site to the north, west, and south).
Due to the project size, intensity, and proximity to sensitive residential receptors, MIG proposes
to prepare a quantitative, construction health risk assessment that evaluates potential adverse
health risk associated with diesel particulate matter (PM) emitted by construction equipment.
Consultant will use the U.S. EPA -approved and SCAQMD-recommended regulatory model
(AERMOD) to predict exposure to concentrations of pollutants at sensitive receptor locations
and quantify associated health risks. The project's potential health risks will be compared
against SCAQMD carcinogenic and chronic risk thresholds. Consultant anticipates that the use
of dust control measures and late -model construction equipment will be necessary to comply
with the SCAQMD's LST and HRA thresholds.
This task includes up to two CaIEEMod runs, and two AERMOD runs for the project to quantify
adverse health risks at sensitive receptor locations from project construction and operation.
Task 2B — Greenhouse Gas Emissions (GHG)/Energy Study
Consultant will prepare a clear and concise analysis of the project's GHG and energy resource
impacts. GHG emissions will be estimated using the same methodology described for the air
quality memorandum. The analysis will also consider the project's consistency with applicable
GHG reduction plans, including the City's Climate Action Plan. The resulting emissions
estimates will be compared to CEQA significance thresholds maintained by the SCAQMD.
Regarding energy resources, the study will include brief setting information that places energy
resources in the appropriate context, quantify the project's potential energy consumption levels,
and evaluate whether the project will result in the wasteful, inefficient, or unnecessary
consumption of energy resources. The study will document the energy -saving site design
(layout and orientation, proximity to regional arterials, local -serving nature of the project),
building design, and operating characteristics that result in the efficient use of energy resources.
This task includes up to two (2) energy consumption spreadsheets for the project detailing
construction and operational electricity, natural gas, and vehicle fuel consumption estimates.
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Task 2C — Noise and Vibration Technical Memorandum
MIG will prepare a clear and concise technical report that will:
• Describe the existing,noise and vibration environment in the project vicinity,and
applicable City regulations related to noise, including the City's General Plan Healthy
Community Element (Section 7.5) and applicable standards from the City's Municipal
Code (e.g., Section 8.06.090(F) for construction activities)
• Quantify potential construction noise and vibration levels at sensitive receptor locations,
including nearby residences immediately north of the site on Mendocino Way and west
of the site at the Redlands Ranch mobile home park;
• Evaluate potential operational noise levels resulting from project noise sources, including
HVAC equipment and off -site project -related increases in vehicular traffic along Colton
Avenue and Wabash Avenue.
• Evaluate whether the project would expose people living in the area to excessive noise
associated with operations at San Bernardino International Airport and Redlands
Municipal Airport.
Consultant will conduct long-term (up to 24 hours) noise monitoring at up to two locations to
describe the existing noise environment at and near the project site. The noise analysis will
identify typical construction equipment sound levels, quantify peak and typical construction
activity noise levels, and, if necessary, identify best management practices or mitigation
measures that would reduce the magnitude of potential construction noise impacts to less than
significance. Once operational, Consultant anticipates the primary source of noise resulting from
the project would be attributable to residential vehicular use on nearby roadways. Consultant
will quantify noise levels from vehicular operation along key roadways (e.g., Colton Avenue and
Wabash Avenue) using the Federal Highway Administration (FHWA) Traffic Noise Model,
version 3.1 (TNM3.1). The noise analysis will quantify and present noise level increases for up
to four roadway segments used to access the project site (i.e., four model runs for existing
conditions and four model runs for proposed conditions).
Task 2D — Transportation Impact Analysis
Ganddini Group shall prepare a transportation impact analysis for the proposed project
consisting of the following subtasks:
Scopinq Agreement
• Calculate the proposed project trip generation (including existing and net new trips, if
applicable) based on weekday AM/PM peak hour and daily trip generation rates from the
Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition, 2021).
• Prepare a scoping agreement for review/approval by City of Redlands staff. The scoping
agreement shall outline the fundamental assumptions of the analysis, such as the
proposed study area, trip generation/distribution, analytical methodologies, and any
specific requirements for the project. This task assumes the study will require analysis of
up to eight (8) study intersections. Should additional study locations be identified during
the scoping process, a work amendment may be requested.
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Operational/Level of Service Analysis
Existing Conditions & Data Collection
• Document existing vehicular and non -automobile transportation facilities serving the
study area, including study intersection traffic control devices, study intersection lane
configurations, transit routes/services, and bicycle and pedestrian facilities.
• Obtain new intersection turning movement counts on a typical weekday (Tuesday,
Wednesday, or Thursday) during the peak commute periods (7:00 - 9:00 AM and 4:00 -
6:00 PM). Traffic Volume Forecasts
• Research, information for other pending/approved development .projects from the City of
Redlands (and neighboring jurisdictions, if necessary) and assign other development
trips to the study area. If the other development list substantially exceeds 25 projects, a
work amendment may be requested.
• Develop weekday AM/PM peak hour traffic volume forecasts for the following analysis
scenarios:
o Existing Conditions
o Existing Plus Project
Level of Service/Measure U Impact Evaluation
• Analyze study intersection Levels of Service for the above -specified analysis scenarios
based on the Highway Capacity Manual (7th Edition) intersection delay methodology in
accordance with parameters and guidelines established by the City of Redlands.
Analysis calculations shall be performed using the Vistro software.
• Document Measure U requirements and quantitatively assess the project's compliance.
If necessary, identify study intersection improvements necessary to maintain the
performance standards established by Measure U.
Site Access and On -Site Circulation
• Review site access considerations such as intersection traffic controls and lane
configurations.
• Evaluate project site ingress/egress spacing from the adjacent intersections relative to
City of Redlands standards.
• Evaluate sight distance at the project site ingress/egress based on the American
Association of State Highway and Transportation Officials (AASHTO) A Policy on
Geometric Design of Highways and Street (7th Edition, 2018) ["AASHTO Greenbook" ].
Technical Report
Prepare a technical report that incorporates the methodology, findings, and all supporting
calculations and assumptions. Review one compiled set of City of Redlands comments and
make minor revisions, if necessary. The final report will be signed and stamped by a Registered Traffic
Engineer in the State of California.
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This task does not include:
• Freeway mainline, merge/diverge, or ramp -metering analysis
• Travel demand model runs
• Project phasing analysis
• General Plan Buildout/Horizon Year analysis
Task 2E — Vehicle Miles Travelled (VMT) Screening Assessment
Ganddini Group will prepare a Vehicle Miles Traveled (VMT) Screening Assessment for the
proposed project consisting of the following tasks:
• Prepare a VMT screening analysis based on City -established screening criteria (or
State/County recommendations in the absence of City -established guidelines), including
review of transit priority area, low VMT area, and project type screening criteria. Based
on preliminary review, the proposed project is anticipated to satisfy the screening criteria
for projects in low VMT areas and projects which generate less than 3,000 metric tons of
carbon dioxide (MT CO2); therefore, detailed VMT modeling/analysis is not anticipated
to be required or included in this scope of work.
• Prepare a technical memorandum that incorporates the methodology, findings, and all
supporting calculations and assumptions. Review one compiled set of City of Redlands
comments and make minor revisions, if necessary.
Task 3 — Review of Applicant -Provided Reports
Each of the following applicant -provided technical reports will be reviewed by a CEQA
"generalist" practitioner for accuracy and suitability for inclusion in the IS/MND.
• General Biological Resource Assessment
• Cultural Resources
• Paleontological Resources
This task does not include a technical peer review of these reports by subject matter experts,
but will, instead focus on the following items listed below.
• Report assumptions are predicated upon facts, not opinion, and are consistent
with the project description.
• Report conclusions and recommendations are reasoned and based on
substantial evidence identified in the report.
• Sufficient information is included in the report to enable Consultant to provide
responses to the CEQA Initial Study Checklist questions that correspond to each
report.
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• If needed recommended mitigation measures are logical, enforceable, definitive,
and clear. If there are substantial deficiencies in any of these reports, we will
prepare a brief single memorandum identifying critical deficiencies or concerns (if
any) related to each report.
Task 4 — Prepare Administrative Draft IS/MND
Consultant 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. Consultant 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 supported by the technical studies
described in Tasks 2 and 3.
Introduction
Consultant 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. Consultantwill
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.
CEQA Checklist Issue Areas
Consultant 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. Consultant 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.
MMRP
Consultant 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.
Consultantwill 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.
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Task 5 — Public Draft IS/MND
Following receipt of City comments (combined in a single comment document) on the
Administrative Draft IS/MND and MMRP, Consultant will prepare a draft screen check document
that addresses the comments. Consultant will then submit the screen check draft for final
review and comment. Upon approval of the screen check document, Consultant will prepare a
Public Draft IS/MND as well as the CEQA Notice of Intent (NOI) to adopt a Mitigated Negative
Declaration. Consultant 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 6 — Final Documents: Response to Comments, and Required Notices
Following the conclusion of the CEQA public review period of the Public Draft IS/MND,
Consultant will, if needed, assist the City in responding to any written comments received,
including the preparation of written responses, if necessary.
Immediately following the City's approval of the project and adoption of the IS/MND, Consultant
will provide a draft Notice of Determination (NOD) to the City. Following their approval of the
NOD, Consultant 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 7 — Meetings and Hearings
This task assumesConsultant'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 Consultant environmental staff. The budget for this task does not
include the project kick-off meeting which is covered under Task 1.
Task 8 — Project Management
Consultant recognizes that frequent, immediate, and clear communication with the project team
is essential to keep the environmental review phase of the project on track. Consultant 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
BUDGET
The base cost to prepare the technical studies and ISIMND is estimated to be $82,900 based on
time and materials. Reimbursable expenses (e.g., printing/reproduction, postage, mileage, etc.)
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 at listed tasks and allows for a shift of funds among
tasks, provided the overall budget amount is not exceeded.
1. Initiate Project, Data Collection $3,600
2. Prepare Technical Studies $45,600
2A Air oualitylHRA
2B Greenhouse Gas EmissionslEnergy
2C Noise and Vibration
2D Traffic Impact Analysis
2E VMT Screening Assessment
3. Review of Applicant -Provided Reports $2,400
4. Prepare Administrative Draft ISAMND $14,900
5. Prepare Public Draft ISIMND $4,200
6. Prepare Final Documents - MMRP, RTC, NOD $4,100
7. Meetings and Hearings $3.,100
8. Project Management $3,600
$10,600
$5,800
$7,600
$19,600
$2,000
Labor Cosy Subtotal $81,500
Expenses $1,400
TOTAL (labor + expenses) $82,900
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EA-7.2 (12.8.21)
EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation ina 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.4;241114)w Date: '0,%
Pamela Steele, Principal
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