HomeMy WebLinkAboutContracts & Agreements_122H-2023FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This first amendment ("First Amendment") to the agreement for the provision of
professional environmental consulting services ("Agreement"), dated October 12, 2022, by and
between the City of Redlands, a municipal corporation and a general law city ("City"), and MIG
Inc., ("Consultant"), is made and entered into this 1st day of July 2023.
RECITALS
WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement,
specifically to extend the time for completion of the services to December 31, 2023.
WHEREAS, it is the desire of the Parties to amend their existing Agreement, specifically
to update the total compensation to consultant, scope of services, and project costs of the
Agreement.
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby
acknowledged City and Consultant agree as follows:
AGREEMENT
Section 1. Section 4.1 of the Agreement, entitled "Performance of Services," is hereby
amended to read as follows:
4.1 Consultant shall perform and complete the Services on the Effective Date of this
Agreement and complete the Services by December 31, 2023, unless the Services are terminated
earlier as provide for herein."
Section 2. Section 5.1 of the Agreement, entitled "Payments to Consultant," is hereby
amended to read as follows:
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount sixty-seven thousand sixty-five dollars ($67,065). 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."
Section 3. Exhibit "A" entitled "Scope of Services" and as described in Article 2.1 and
made part of the First Amendment is hereby replaced with a new Exhibit "A", which is attached
hereto and incorporated herein and into the Agreement by this reference.
Section 4. Exhibit `B" entitled "Project Costs and Hourly Rates" and as described in Article
5.1 and made part of the First Amendment is hereby replaced with a new Exhibit `B", which is
attached hereto and incorporated herein and into the Agreement by this reference.
Section 5. All other provisions of the Agreement shall remain unchanged by this First
Amendment and in effect.
1
I:\cmo\Agreements\MIG Inc First Amendment FY22-0274.docx-ms
Section 6. This Amendment may be executed in counterparts, each of which shall be
deemed an original, but all of which, together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective
as of July 1, 2023.
CITY OF REDLANDS
Charles M. Duggan Jr., City ana_'r
ATTEST:
e Donaldson, City Clerk
2
I:\cmo\Agreements\MIG Inc First Amendment FY22-0274.docx-ms
MIG, INC.
By.
Pame a Steele, Principal
EXHIBIT "A"
SCOPE OF SERVICES
PROJECT UNDERSTANDING
The City has requested that MIG submit a bid to provide environmental services, in accordance
with the California Environmental Quality Act (CEQA), for a proposed 209,000+ square foot
warehouse. The irregular project site is located on 11 acres generally located at the northwest
corner of State Street and Tennessee Street, with a smaller "flag" portion of the site extending
west to Kansas Avenue. Our understanding is that most of the site is currently occupied by a
Lazy Boy manufacturing and warehouse distribution operation. Also; on the "flag" portion of the
site near Kansas Avenue there is an existing building that is well over 50 years old and thus
must be reviewed for historical significance.
The existing Lazy Boy facility is roughly 20,000 to 30,000 square feet smaller than the proposed
warehouse. Therefore, the TrafficNMT analysis will focus on analyzing the net increase (if any)
in impacts of the new warehouse compared to the baseline impacts of the existing facility. Our
proposal also includes technical third -party peer review of applicant -provided studies for
transporationt, air quality, greenhouse gases (GHG), energy and noise.
We have teamed with The Gandinni Group who will provide peer review of a Transportation
Study screening assessment that will include, based on City requirements, a Vehicle Miles
Travelled screening analysis and an analysis to determine if a Level of Service (LOS) study is
needed to comply with the City's Measure U requirements. If needed, an optional task for the
LOS study is also included.
CRM TECH is also part of our team and will prepare a cultural study for the project site,
including an evaluation of the existing building for historical significance. In addition, our scope
of work assumes that the applicant will provide other studies typically needed as part of their
development application (i.e., Phase I Environmental Site Assessment, Preliminary Water
Quality Management Plan, grading plan, etc.) that can be used to prepare the IS/MND.
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);
3
I:\cmo\Agreements\MIG Inc First Amendment FY22-0274,docx-ms
• 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 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-1960s, 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
I;\cmo\Agreements\MIG Inc First Amendment FY22-0274.docx-ms
4. Requesta 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.
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
5
I:\cmo\Agreements\MIG Inc First Amendment FY22-0274.docx-ms
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
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.
CEQA 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 ISIMND
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 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.
6
I:\cmo\Agreements\MIG Inc First Amendment FY22-0274.docx-ms
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.
7
I:\cmo\Agreements\MIG Inc First Amendment FY22-0274.docx-ms
EXHIBIT "B"
PROJECT COSTS AND HOURLY RATES
BUDGET
The base cost to prepare the technical studies and ISIMND is estimated to be $67,065 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 clays 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, GHGIEnergy 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 ISIMND $16,570
6. Prepare Public Draft ISIMND $4,644
7. Prepare Final Documents - MMRP, RTC. NOD $11,631
B. Meetings and Hearings $3,100
9. Protect Management $5,020
Labor Cosr Subroza! $65,565
Expenses $1,500
TOTAL (labor + expenses) 567,065
8
I:\cmo\Agreements\MIG Inc First Amendment FY22-0274.docx-ms