HomeMy WebLinkAboutContracts & Agreements_129B-2024THIRD AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This third amendment ("Third 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 2024. City and Consultant are sometimes individually
referred to herein as "Party", and collectively as the "Parties".
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 February 28, 2025.
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:
WHEREAS, the Parties entered into a First Amendment to the Agreement ("First
Amendment") on July 1, 2023; and
WHEREAS, the Parties enter into a Second Amendment to the Agreement ("Second
Amendment") on January 1, 2024; and
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 February 28, 2025.
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 February 28, 2025, unless the Services are terminated earlier as provide
for herein."
Section 2. Article 5.1 of the Agreement, entitled "Payments to Consultant," is hereby amended
to read as follows:
"5.1 Compensation: Total compensation for Consultant's performance of the Services shall not
exceed the amount of seventy-one thousand one hundred twenty-five dollars ($71,125). 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
reference."
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Section 3. Exhibit "A" entitled "Scope of Services" and as described in Article 2.1 and made
part of the Third 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 Third 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 Third
Amendment and in effect.
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 Third Amendment, to be effective as
of July 1, 2024.
CITY OF REDLANDS
Charles M. Duggan Jr., sty anager
ATTEST:
J n Donaldson, City Clerk
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M1G, INC.
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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
comer 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 Traffic/VMT 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 ISIMND.
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.
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MIG will ensure the reports are technically accurate by checking whether:
• Report assumptions are predicated upon facts or expert opinion and are consistent with the
project description and other technical analyses (e.g., traffic report);
Report methods use current, industry -accepted models, equations, and other guidance and
recommendations; and
• Report conclusions are based on substantial evidence.
For example, the applicant's air quality emissions estimates should be based on the latest
guidance, and methods recommended for use by the South Coast Air Quality Management
District (SCAQMD), including the SCAQMDs CEQA Handbook, as updated. Similarly, the
applicant's noise analysis should clearly identify the potential noise levels resulting from
construction and operation, and whether project noise levels exceed applicable City standards.
MIG's objective peer review will support the City's CEQA findings with substantial evidence and
demonstrate the City has exercised its independent judgment and analysis in deciding whether to
approve the proposed project. We will prepare a brief memorandum summarizing the results of
our peer review that identifies key issues and deficiencies, if any, in the technical studies and
recommends revisions and/or 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 peerreview.
• 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 reviewcomments.
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.
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.
4
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3. Conduct general prehistorical and historical background research using a variety of literature and
map sources.
4. Request a sacred lands record search from the Native American Heritage Commission; this
subtask does not include contacting all the Tribes on the list supplied by the Commission sincethe
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).
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Prepare a written letter than documents the peer review findings and comments. The peer review
letter will be delivered to the Client in electronic format (PDF). The peer review will provide a
general assessment of the adequacy of the evaluation as well as specific comments regarding
technical content of the report(s). If necessary, review a second submittal and prepare a second
letter to confirm any comments noted in the initial peer review are adequately addressed.
Task 6 — 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 Proiect 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 IS/MND
Following receipt of City comments (combined in a single comment document) on the
Administrative Draft IS/MND, MIG will prepare a draft screen check document that addresses the
comments. MIG will then submit the screen check draft for final review and comment. Upon
approval of the screen check document, MIG will prepare a Public 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.
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Task 7 — Final Documents: Response to Comments, MMRP, and Required Notices
Following the conclusion of the CEQA public review period of the Public Draft ISIMND, 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 ISIMND. 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 ISIMND. 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 ISIMND, 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 ISIMND. 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.
MITIGATED NEGATIVE DECLARATION SCHEDULE
Based on our scope of work, we anticipate that all the technical studies/peer reviews, will take
approximately 4 weeks from the time of receipt to complete. The workload at the South -Central
Coast Information Center and the Native American Heritage Commission has resulted in records
searches taking two months or more; as a result, the cultural study may take 3 months to
complete. The Administrative Draft ISIMND will be completed within one week of completion of all
the Cultural study. We estimate that it will take another five weeks to complete the final Public
Draft ISIMND, including an estimated three-week review time for the City, and two weeks for MIG
to make final revisions based on the City's review.
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Tech. Study Peer Reviews Completed 4 4
Cultural Study Completed 12 12
Administrative Draft IS/MND Completed 10 13
Public Draft IS/MND Completed 5 18
30-Day Public Review 4 19-22
Planning Commission Hearings TBD
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EXHIBIT "B"
PROJECT COSTS AND HOURLY RATES
BUDGET
The base cost to prepare the technical studies and IS/MND is estimated to be $71,125 based
on time and materials. Expenses will be billed at cost plus ten percent. Invoicing will occur
monthly based on time and materials. Payments are due and payable within 30 days of receipt
of invoice to MIG, 800 Hearst Avenue Berkeley, CA 94710. As the project progresses, if there
is a change in scope or additional time and efforts are needed, an amendment to the budget
will be requested before proceeding. A summary of the budget, with amounts estimated for
each task, is provided below. Our budget is based on a total not -to -exceed budget for all listed
tasks and allows for a shift of funds among tasks, provided the overall budget amount is not
exceeded.
1. Initiate Project, Data Collection
2. Peer Review of Air Quality, GHGIEnergy and Noise Studies
3. Cultural Resources Study (CRM TECH)*
4. Transportation Studies Peer Review (Ganddini Group)*
5. Prepare Administrative Draft ISIMND
6. Prepare Public Draft ISIMND
7. Prepare Final Documents - MMRP, RTC, NOD
8. Meetings and Hearings
9. Project Management
Labor Cost Subtotal
Expenses
TOTAL (labor + expenses)
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$3,500
$9,500
$7, 200
$5,260
$16,570
$4, 644
$11,631
$6,300
$5,020
$1,500
$71.125
Effective January 2025
CLASSIFICATION RATE
Principal $260-$320
Director $240-$260
Senior Planner $160-$180
Project Manager $140-$160
Associate Planner $140-$160
ENVIRONMENTAL RATE
Director of Environmental Services $240-$260
Senior Biologist $160-$180
Senior Project Manager $140-$160
All hourly rates include normal overhead. Reimbursable expenses, including blueprints, etc. will
be billed at cost plus 10%. Hourly rates are updated periodically. Expert Witness for deposition
and testimony will be billed at $400.00/hour.
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