HomeMy WebLinkAboutAEM Consulting, LLC 2006-02-23 �a z3o�
� CITY OF UKIAH �
AGREEMENT FOR
PROFESSIONAL SERVICES
PREPARATION OF A CULTURAL RESOURCES FIELD
INVESTIGATION FOR THE PLOWSHARES PROPERTY
This agreement shall be considered a contract, and is entered into this d� -=..way of
February, 2006, by and between the CITY OF UKIAH, a general law municipal corporation,
hereinafter referred to as "CITY" and AEM Consulting, a Limited Liability Company, hereinafter
referred to as the "CONSULTANT."
PREMISES
The purpose of this agreement is the preparation and completion by CONSULTANT of a
Cultural Resource Field Investigation for the Plowshares property located at 1350 South State
Street, Ukiah, CA. The scope of work is more particularly described in the Exhibit"A", attached to
this agreement.
CITY may retain independent contractor to perform special services for CITY or any
department thereof.
CONSULTANT is willing and able to perform duties and render services in preparation and
completion the Cultural Resource Field Investigation. This work has been determined by the City
Council to be necessary for the welfare of residents of the CITY.
CITY believes the provision of these services to the residents is in their best interests, and
CONSULTANT agrees to perform such duties and render such services as outlined below:
AGREEMENT
CITY and CONSULTANT agree as foilows:
ARTICLE 1
SERVICES OF CONSULTANT
1.01 CONSULTANT shall provide those technical, expert, and professional Cultural
Resource Field Investigation preparation services as described in Exhibit"A,"which
consists of the scope of services, dated Februarv.2006, which is attached hereto as
Exhibit "A" and incorporated herein. CONSULTANT shall provide such services
within the time limits described below.
1.02 The absence, omission, or failure to include in this agreement items which are
considered to be a part of normal procedure for a study of this type or which involve
professional judgement, shall not be used as a basis for submission of inadequate
work or incompiete performance.
1
1.03 CITY relies upon the professional ability and stated experience of CONSULTANT as
a material inducementto entering into this agreement. CONSULTANT understands
the use to which the CIN will put his work product and hereby warrants that aIl
information contained in the Cultural Resource Field Investigation shall be made and
prepared in accordance with generally accepted professional practices.
1.04 CONSULTANT shall bear the expense of all printing and reproduction costs until the
draft and final Reports are accepted by the CITY, at which time CONSULTANT shall
turn overto CITY all documents.
1.05 CONSULTANT shall deliver two (2) copies of the Cultural Resource Field
Investigation Report five (5)weeks after contract execution and the issuance of the
Notice to Proceed.
1.07 CONSULTANT shall perform any additional services as may be required due to
significant changes in general scope of the project. Such additional services shail be
paid for by supplemental agreement and shali conform to the rates of payment
specified in Article V below.
ARTICLE II
SERVICES OF CITY
2.01 CIT'Y shall provide any information as to its requirements for performance of the
agreement not already contained in Exhibit "A."
2.02 Upon request, CITY shall provide CONSULTANT any information in its possession
or reasonably available to it that consultant may need to perform services under this
agreement.
ARTICLE III
TERM OFAGREEMENT
3.01 The term of this agreement shall commence on the effective date and shall terminate
when the CITY has formally accepted the final version of the Plowshares Cultural
Resource Field Investigation.
This agreement may be extended on its same terms and conditions upon written
agreement between the Planning Director and CONSULTANT.
3.02 The execution of this agreement by the CITY shali constitute the CONSULTANT'S
authority to proceed immediately with the performance of the work described by
Exhibit "A."
3.03 All work by CONSULTANT shall be completed pursuant to exhibit"A"and paragraph
1.05 above in a reasonable timeframe according to the established deadlines.
CONSULTANT shall not be held responsible for delays caused by circumstances
beyond its control.
2
3.04 CONSULTANT acknowledges that timely performance of services is an important
element of this agreement and will perform services in a timely manner as provided
in paragraph 1.05 above and consistent with sound professional practices.
3.05 If CIN requests significant modifications or changes in the scope of this project the
time of performance shall be adjusted appropriately. The number of days of said
extension shall be the final decision of CITY.
ARTICLE IV
COST OF SERVICES
4.01 CONSULTANT has been selected by the CITY to provide services described in
Exhibit "A," attached hereto and incorporated herein by reference, for which
compensation shall not exceed two thousand five hundred and forty dollars
($2,540.00).
4.02 Cost overruns or failure to pertorm within the maximum compensation ceiling
established in 4.01 above shall not relieve CONSULTANT of responsibility to provide
those services specified in Exhibit "A", for a total compensation including
reimbursable expenses not to exceed $2,540.00.
ARTICLE V
PAYMENT FOR SERVICES
5.01 CITY shall pay CONSULTANT for work required for satisfactory completion of this
agreement in amount to be determined in accordance with the method described in
paragraph 5.02 below.
5.02 Payment scheduling: Total payment not to exceed $2,540.00. Fees for professional
services as outlined herein shall be paid on a time and materials basis. A detailed
expianation of services and associated fees shall be listed on each invoice submitted
by CONSULTANT.
5.03 Payments to CONSULTANT shall be based on an itemized invoice submitted by
CONSULTANT not more frequently than monthly.
5.04 Payments will be made by CITY within thirty (30) days of receipt of invoice from
CONSULTANT.
5.05 If CITY substantially alters the scope of work to include additional analyses, the total
payment and cost of services may be changed by amending the agreement.
ARTICLE VI
PROJECT INSPECTION AND ACCOUNTING RECORDS
6.01 Duly authorized representatives of the CITY shall have right of access to the
CONSULTANT'S files and records relating to the project included in the agreement
and may review the work at appropriate stages during performance of the work.
3
6.02 CONSULTANT must maintain accounting records and other evidence pertaining to
costs incurred, which records and documents shall be kept available at the
CONSULTANT'S California office during the contract period and thereafterforthree
(3) years from the date of final payment.
ARTICLE VII
DISPOSITION OF FINAL REPORTS
7.01 All documents and associated materials and backup data as required by this
agreement shall be and shall remain the sole property of CITY.
7.02 CONSULTANT'S attention is directed to the required notice under Government
Code Section 7550, which states in part that "any documents or written reports
prepared as a requirement of this contract shall contain, in a separate section
preceding the main body of the document, the number and dollar amounts of all
contracts and subcontracts relating to the preparation of those documents or reports
if the total cost for work by non-employees of the public agency exceeds$5,000.00."
ARTICLE VIII
TERMINATION OF AGREEMENT
8.01 At any time CIN may suspend indefinitely or abandon the project, or any part
thereof, and may require CONSULTANT to suspend the performance of the service.
In the event the CIN abandons or suspends the project, CONSULTANT shall
receive compensation for services rendered to date of abandonment and
suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03
herein.
8.02 It is understood and agreed that should CITY determine that any part of the work
involved in the program is to be suspended indefinitely, abandoned, or canceled,
said agreement shall be amended accordingly. Such abandonment or cancellation
of a portion of the program shall in no way void or invalidate this agreement as it
applies to any remaining portion of the project.
8.03 If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt,
efficient, and thorough service, or if CONSULTANT fails to complete the work within
the time limits provided, CITY shall have the right to give notice in writing to
CONSULTANT of its intention to terminate this agreement. The notice shall be
delivered to CONSULTANT at least seven (7) days prior to the date of termination
specified in the notice. Upon such termination, CITY shall have the right to take
CONSULTANT'S studies and reports insofar as they are complete and acceptable to
CITY, and pay CONSULTANT for his performance rendered, in accordance with
Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to
terminate, less the amount of damages, general or consequential, which CITY may
sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations
under this agreement.
4
ARTICLE IX
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
9.01 HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the
CITY, its agents, officers, and employees against and from any and all claims,
lawsuits, actions, liability, damages, losses, expenses, and costs (including but not
limited to attomey's fees), brought for, or on account of, injuries to or death of any
person or persons including empioyees of the CONSULTANT, or injuries to or
destruction of property, arising out of, or resulting from,the performance of the work
described herein, provided that any such claim, lawsuit, action, liability, damage,
loss, expense, or cost is caused in whole or in part by any negligent or intentional
wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or
indirectly employed by any of them, or any for whose acts any of them may be liable.
CONSULTANT shall have no duty to indemnify or defend CITY under this
paragraph if the damage or injury is caused by the active and sole negligence or
willfully wrongful act or omission of CITY or its officers or employees. CITY agrees
to timely notify CONSULTANT of any such claim and to cooperate with
CONSULTANT to allow CONSULTANT to defend such a claim.
ARTICLE X
INSURANCE
10.01 CONSULTANT, at its expense, shall secure and maintain at all times during the
entire period of performance of this agreement, insurance as set forth in Exhibit"B",
attached hereto, and incorporated herein by reference. The policy limits for the
automobile liability insurance required by the attached Exhibit B is revised to
$400,000 ratherthan $1 Million.
ARTICLE XI
GENERAL COMPLIANCE WITH LAWS
11.01 It is understood and agreed that the CONSULTANT wili complywith all federal,state
and local laws and ordinances as may be applicable to the performance of work
under this agreement.
ARTICLE XIII
NONDISCRIMINATION
12.01 CONSULTANT certifies that it is in compliance with the Equal Employment
Opportunity Requirement of Executive Order 11246, as amended by Executive Order
11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment
Practices Act, and any other Federal or State laws pertaining to equal employment
opportunity and that it will not discriminate against any employee or applicant for
employment on the basis of race, color, religion, handicap, age sex, national origin,
or ancestry, in matters pertaining to recruitment, hiring,training, upgrading,transfer,
compensation, ortermination.
5
12.02 In the event of the CONSULTANT'S noncompliance with the nondiscrimination
provisions of this agreement,the CITY shal�impose such contact sanctions as it may
determine to be appropriate including, but not limited to:
a. Withholding of payments to the CONSULTANT under the agreement until
the CONSULTANT complies, and/or
b. Canceilation, termination, or suspension of the Agreement in whole or in
part.
ARTICLE XIV
IIVDEPENDENT CONSULTANT
13.01 The CONSULTANT, in accordance with its status as an independent contractor,
covenants and agrees that it will conduct itself consistent with such status,that it will
neither hold itself out as nor claim to be an officer or employee of the CITY by reason
hereof, and that it will not by reason hereof, make any claim, demand, or application
to or for any right or privilege applicable to an o�cer or employee of the CITY
including, but not limited to, worker's compensation coverage, unemployment
benefits, and retirement membership or credit.
ARTICLE XV
SUCCESSOR AND ASSIGNMENTS
14.01 The CITY and the CONSULTANT each binds itself, its partners, successors, and
executors, administrators, and assigns to the other party to this agreement, and to
the partners, successors, executors, administrators, and assigns to such party in
respect to all covenants of this agreement.
14.02 Except as stated above, neither the CITY nor the CONSULTANT shall assign,
sublet, or transfer his interest in this agreement without the written consent of the
other, however, the CONSULTANT reserves the right to assign the proceeds due
under this agreement to any bank or person.
14.03 In the case of death of one or more members of the firm of the CONSULTANT,the
surviving member or members shall complete the professional services covered by
this agreement.
ARTICLE XVI
EXTENT OF AGREEMENT
15.01 This agreement shall consist of this agreement, the Scope of Services, dated
February, 2006, identified as Exhibit"A",as attached hereto and incorporated herein,
and the insurance requirements set forth in the attached E�ibit "B."
15.02 This agreement constitutes the whole agreement between the CITY and
� CONSULTANT and any other representations or agreements are superseded by the
terms of this agreement.
6
ARTICLE XVII
PARAGRAPH HEADINGS
16.01 The paragraph headings contained herein are for convenience and reference only
and are not intended to define or limit the scope of this contract.
ARTICLE XVIII
NOTICE
17.01 Whenever a notice to a party is required by this agreement, it shall be deemed given
when deposited with proper address and postage in the U.S. mail orwhen personally
delivered as follows: �
CITY: City of Ukiah
Civic Center
300 Seminary Drive
Ukiah, California 95482
ATTN: Charley Stump, Director
Planning and Community Development
CONSULTANT/
CONTRACTOR: Vern Miller, Principal
AEM Consulting, LLC
55 St. James Drive
Santa Rosa, California 94960
ARTICLE XIX
DUPLICATE ORIGINALS
18.01 This agreement may be executed in one or more duplicate originals bearing the
original signature of both parties and when so executed and such duplicate original
shall be admissible as proof of the existence and terms of the agreement between
the parties.
ARTICLE XX
FORUM SELECTION
19.01 CONSULTANT and CITY stipulate and agree that any litigation relating to the
enforcement or interpretation of the agreement, arising out of CONSULTANT's
performance or relating in any way to the work shali be brought in Mendocino County
and that venue will lie in Mendocino County.
�
CONSULTANT hereby waives any right it might othenvise have to seek a change of
venue based on its status as an out of county corporation, or on any other basis.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to
execute this agreement in duplicate the day and year first above written.
CITY OF UKIAH
a - a-J�� �
Candace Horsley, C y anager Date
CONSU LTANT/CONTRACTOR
(rJ —Q 80 L 3 �-,(, - Loo�
Ve M r, Principal IRS IDN Number Date
A onsulting, LLC
APPROVED AS TQ FORM:
� 'Z ' Z2 — O �
Da � pport, Ci y At o ey Date
8
EXHIBIT A
Scope of Services
Cultucal Resource Field Investigarion for
1350 South State Street, Uldah, CA
Undecstanding the Pxoject
The pcoject e�visions development a vacant ui-fill propexty at 1350 South State Street,Ukiah,CA
(APN 003-472-044 and 003-472-045). The pco�ect under consideration is new constcucaon of the Plowshazes
Peace and Jusdce Center Community Dinning Room Facility. The site is a vacant parcel suxrounded by a mix
of wmmerctal/industrial and xesidenual properties.The Ukiah Municipal Airport is located in dose prox-
uniry to the east.
The Ciry of Uktah proposes to use funding from the U.S. Depaztment oE Housing and Uzban Development
(HUD) as adnunisteLed by the State oE Califomia Department of Housing and Communiry Development.
To secure HUD celease oE funds foi che project,the City oE Ukiah,must provide a suitable fedecal Envuon-
mental Review Record to HCD pxepared according to rhe requirements of the National Environmen[al Pol-
icy Act (NEPA) and HUD's own Env�onmental Regulations found in 24 CFR Pazt 58.The appropriate level
of fedexal environmental review in tlus case is an Environmental Assessment(EA) leading to a Fmding of
No Significant Impact (FONSn. Both the EA and FONSI must be prepazed for signature by the Cettifymg
OfFicex foz the HCD.
Section 106 Revie�v
To achieve a FONSI,HUD and the HCD eequtxes that the Environmentai Assessment demonstrare that the
project complies with all applicable fedexal laws and regulations,including Secdon 106 of the National His-
toric Pxeseroation Act. Regulations pertaining to Section 106 Review are found in 36 CFR Paxt 800.
Secuon 106 of the National Historic Preservation Act sequues that both the subject site and adjacent proper-
ues be evaluated far theix potendal to be historic and thus be "adversely efEected"by construction of the pto-
ject.This infozmation must be compiled and sent to the State Histoxic Pceservadon OFficec(SHPO) for a
detetminauon undex the Act.
In this case, the Area of Potential EfEects (APE) concuns the site and the eight parcels suzrouncling zesiden-
tial and commercial/industnal properues m its unmediate suxrounding environs.
Section 106 compliance requites the City oE Ukiah to obtain the views oE the State Historic Pieservation Of-
ficex (SHPO) as to whether any oE the project activiues could have an "advezse effecP' to the setting or chac-
acter-defining features oE any histoxically significant pxopexty in the t�ea of Potenual Effects (APE). An his-
torically significant pcoperty is one that would be eligible for 6sting on the National Registei oE Histoxic
Places,whethec it is cuuendy listed oc not.
Noticing
The Ciry must idendEy the appsopziate points foi seelung public input and Eor norifying the public of pxo-
posed acaons, consistent with Q 800.2(d).A Notice published in the local paper of genexal cuculaaon suffices
to meet this xequixement.AEM Consulting will pzovide the appropriate Notice. It is assumed that the City of
Uluah will pay all publ�cation costs foz the Nonce.
Involving Indian tribes and Native Hawaiian organizaaons.The City must make a zeasonable and good futh
effoct to identiEy any Indian tribes oz Native Hawaaan otganizarions that might a[[ach teligious and cultucal
significance to histocic propexties m the area of potendal efEects and invi[e them to be consulting parties.
1
AEM Consuldng proposes the following proceduxe:
1. Determine and document the area of potential effects, as defined in� 800.16(d);
2. Review e�cisting infocmation on }ilstoric propexties with�n the area of potential effects,includmg
any data mncerrung possible hisroxic propexues not yet idennFied;The Histouc Uses secdon in-
formaaon provided in the Phase I Environmental Site Assessment is xequired by the State HCD.
A comprehensive evaluauon of the City's Assessoxs recoxds will be a part of the study
3. Seek informadon,as appropriate, from consulting paiues, and other individuals and organiza-
dons likely to have knowledge of, or concerns wtth,historic properties in the azea, and idendfy
issues relating to the undertaking's potendal effects on historic propezdes;AEM will obtain an
Archeological Records Seaxch by the Cahfomia Historic Resource Informadon System and other
]ocal f fistoric orgamzauons as xequ�ed by HCD. Note the CHRIS seaxch may End evidence of
archeological or cultural arufacts. They typically estimate the"potential" Eor Fnding these azd-
facts. Fuxther study may be required if a high or moderately high porential for ardfacts ace iden-
riFied.T7vs proposal assumes CHRIS will not find evidence of significant archeological acufacts.
4. Gather informanon from any Indian tribe or Nadve Hawauan organizat�on idennfied pursuant
to § 8003(fl to assist in identifying pxopexties,including those located off uibal lands,which
may be of religious and cultuxal significance to them and may be eligible for the Nadonal Regis-
ter. AEM will iruaate correspondence with the State of CaLfornia Native American Heritage
Cominission to idenafy if any Nauve American fox a derezminaaon if sacred sites are located on
the property. Letters of invitauon to comment will be sent to locally idendfied Native American
Tribes for their input to cultura] or histoxic value of the pxoperty.
5. AEM Consulting will provide a xepoxt documenting the results and Fndings to the ciry of Ukiah.
The xepoxt vnll conclude with a xecommendation ro the State Historic Preservauon Officer and
to HCD of the appxopriate determination of historic significance and iE appropriate, specific reo-
ommendarions on the treatment of histonc properdes if the results of the smdy indicate an ad-
verse impact on historic properues.
Schedule
AEM Consulnng will endeavoz to deGver the components of the Secnon 106 Consultarion according to the
following schedule. Howevex,while every attempt will be made to adheie to the proposed tuneline, cectain
matters may require delays not in our conuol. Such matters may include subsequent consultations for histon-
cal and culmral significance, endangered species, or o[hex mattexs not yet foreseen.
Estimated Schedule Task
Contract for Services and City of Ukiah executes a Contract for Services vrith AEM Con-
Nouce to Proceed sulting,and issues a Notice to Pxoceed (NTP).
1. 1 Week fxom NTP Pxepare Notice for publicadon (City to publish)
2. 1 Week kom NTP Initiare correspondence with the State oE California Nauve
American Heritage Cornmission to idenuEy if any Narive Ameri-
can sacred sites are located on the property.Lettezs of invitation
to comment will be sent to locally idenufied Nadve Amexican
Tribes
Exhibit A Page 2
3. 2 Weeks fxom NTP Determine Acea of Po[ential Effects. Psepaxe maps and idendfi-
cation legend and evaluate properties using assessor's files and
other xesouxces.
4. 4 Weeks Exom NTP Receive conclusions of the CHRIS Study and Native American
rribes
5. 5 Weeks from NTP AEM Consuinng will provide a report documendng the results
and Fmdmgs to the city of Ukiah.
Tasks,Hours and Costs
AEM Consulting costs ace based upon the tasks and houxs outlined in the following table.AEM Consulting
labor xate is $125.00 per hour.
Task Description Hours Cost
1-3 Prepare Norice fox publication (Ci[y to pubhsh) 2 $250
4 Detexmine APE &evaluate pxopezties, field visit and photo�aphy 6 750
3 Provide a xeport documenting the xesults and findings to the ury of 4 500
Ukiah
SUBTOTAL (Labor) 12 $1500.
Axcheological &histonc evaluauon (archeologist) 990
Ivl�scellaneous: Copying, postage dehveiy and othex out-of pocket costs SO
(estimated)
TOTAL(All Costs) $2,540
Exhibit A Page 3
Conditions
The final Scope of Services is based on the following assumpdons and condiaons:
1. Ctry of Ul:iah�vill supply AEM Consulung vnth a recent Phase I Env�onmental Site Assessment
Report,prepared to ASTM standacds of ewsting condidons regazding hazazdous materials on and
neaz the sub�ect site prepared by qualified inspecto�s which AEM Consulting may cite in the SHPO
Consultation.
2. A�M Consulung may review and ate any other relevant materials,smdies, designs or consultations
oEfezed by the Ciry for the site, the pioject ox the area;
3. Additional AEM Consulung services,includmg other necessary consultations if requ�ed necessary,
shall be billed at a rate oE$125/hour.
4. AEM Consulting will not be responsible for postage and newspaper publicadon costs for all tequued
noriung.
5. Additional subcontractor services,if they should become necessary, shall be obtained at cost + 10
pexcent.
6. Any substantial modiFicadon to the allocation of hours,ar the tasks listed above shall be mutually
agxeed by the Ciry and AEM Consuldng.
7. Addttional research on any matter related to htstoric or prehistoric propernes suirounding the site
could be cequired by SHPO as a result of Secdon 106 Review. Such work is not a part of this Scope
of Services.
Ex}ilbit A Page 4
1 �
Statement of Qualifications
General
AEM Consulting LLC is a small, women-owned business enterprise formed in September 1999,that ab-
sorbed the business assets and talents of Alice Estill Miller, Consulting Planner who founded a sole proprie-
torship in 1989.Today, Ms. Miller holds one-third interest in AEM Consulting LLC, and shares responsibili-
ties with her two colleagues, Vern Miller and Alison L.Willets, who each own one-third interest in the LLC.
The principal place of business for AEM Consulting is 55 St.James Drive, Santa Rosa, California, 95403-
1419.There are no other offices as of this time; all operations are managed from this location.
Environmental Review Experience
The principal focus of the business services offered by AEM Consulting is upon the environmental clear-
ances needed to make communities livable and sustainable. Our clients are primarily public agencies re-
quiring environmental documentation for public infrastructure, community or housing projects or their non-
profit affiliates. Aside from our long association with San Francisco City agencies, we have also provided
both NEPA and CEQA support to the San Francisco Unified School District,the Marin County Public Services
Agency, the Sonoma County Community Development Commission,the City of Santa Rosa Housing and R�
development Department,the City of Petaluma,the City of Napa Community Resources Department and
the California Housing Finance Agency. Our non-profit clients have included the Glide Foundation,Tender-
loin Neighborhood Development Corporation, Bridge Housing, Mission Housing Development Corporation,
Burbank Housing and Mercy Charities, among many others.
We have been preparing environmental documents for a wide variety of projects since 1989. Ms. Miller was
a sole proprietor primarily working under contract to the City of Santa Rosa managing large-scale Environ-
mental Impact Reports and Public Works projects for environmental compliance. In 1992, after completing
NEPA reports for the City of Napa CDBG Program, Ms. Miller was asked to provide services to the City and
County of San Francisco where the City had received a negative monitoring evaluation from HUD.
In 1998, the San Francisco Mayor's Office of Housing and Mayor's Office of Community Development es-
tablished a bid process for consultant preparation of the City's federal environmental documents for the
Community Development Block Grant program on a retainer basis. Alice Miller was selected for the work in
1998 and AEM Consulting was selected for renewable contracts to prepare these environmental docu-
ments in 2001 and 2004. AEM Consulting was subsequently selected for similar work with the San Fran-
cisco Redevelopment Agency and Department of Human Services.
Throughout our contract periods, AEM Consulting has worked closely with a wide variety of San Francisco
staff to address difficult environmental and historic preservation review requirements. With guidance from
AEM Consulting, City agencies successfully negotiated timely reviews for new construction and rehabilita-
tion projects, cutting through the labyrinth of regulation and interpretations necessary to obtain the re-
quired clearances.This approach has helped clear the way for San Francisco to receive millions of federal
dollars for its qualifying projects.
In Spring 2002,AEM Consulting assisted federal Department of Housing and Urban Development staff in
training people from local jurisdictions to prepare environmental reports for federally funded projects in
Northern California. This assistance included photos of project sites before and after construction, discus-
sion of the issues presented by these sites and examples of the relevant written environmental documents
that were prepared for them.AEM Consulting maintains a positive, day-to-day, productive working relation-
ship with federal agency staff,the State Historic Preservation Office staff, and a variety of sub contractors
on behalf of our clients.
�I��
C O N S U L T I N G
ri.,,.,,,,�r„ec�iro��.�aF,,..,m,,,,,.,,.d s�,e,..
2
Partial Listing of Completed Environmental Projects
Environmentai Assessments (NEPA)
• International Hotel, 848 Kearny Street, San Francisco, CA April 2003 (Chinatown CDC)
. Folsom-Dore Apartments, 1346 Folsom Street, San Francisco, CA November 2002 (Citizen's Housing)
• Carter Terrace Apartments, 522 Carter Street, San Francisco, CA February 2003 ( Mercy Housing Cali-
fornia)
• 4445 Third Street Apartments, San Francisco, CA February 2001 (Mission Housing Development Corp)
• Orlando Cepeda Place, 3�d and Berry Streets, San Francisco, CA, December 2000. (Mission Housing De-
velopment Corp)
• Tenderloin Childcare Center, 144 Leavenworth Street, San Francisco, CA July 2000. (Tenderloin
Neighborhood Development Corp)
. Moorland Avenue Apartments, 3257 Moorland Avenue, Santa Rosa, CA October, 2000. (Burbank Hous-
ing Development Corp.)
• Episcopal Community Services Complex, 165 8th Street, San Francisco, CA May 2000. (ECS Mercy
Housing)
• Church Street Apartments, One Church Street, San Francisco, CA.August 1999. (Bridge Housing)
• Delta Hotel, 80-85 Sixth Street. San Francisco, CA, February 1999. (San Francisco Redevelopment
Agency)
Categorically F�ccluded Projects (NEPA)
1994-2005 over 700 HUD Categorical Exclusions for various governments and nonprofits primarily for
CDBG funding from the Mayor's Offices of Housing&CommuniTy Development, San Francisco
. Brookwood Avenue Emergency Shelter,Santa Rosa, CA 2001 (City of Santa Rosa)
. Treasure Island Naval Station, Base Conversion, Housing. August 1999 & 2000 (San Francisco Mayor's
Office of Housing)
• Elephant Rock Fishing Pier Reconstruction,Tiburon, CA, August 1998. (County of Marin/City of Tiburon)
• Ferry Landing Improvement, Sausalito, CA, May 1998. ( County of Marin/City of Sausalito)
Initial Studies/Negative Declarations (CEQA)
• Binford Road Storage Facility -685 public storage units Novato CA(County of Marin/ Private Developer)
. The Crossings at Santa Rosa ,127 housing apartments Santa Rosa California City of Santa Rosa/Urban
Housing Associates)
• Samuel Jones Hall Emergency Shelter, Santa Rosa, CA (City of Santa Rosa)
. Fireside Apartments, Mill Valley, CA Citizen's Housing Development Corp.)
• City of Napa, Inclusionary Zoning Ordinance for Affordable Housing,January 1999. (City of Napa)
. Heritage Homes and Village, 222 Schwerin Street, San Francisco, CA, June 1998. (San Francisco Hous-
ing Authority/ Mercy Housing California)
• Excelsior Youth Center, 163 London Street,San Francisco, CA, March 1997. (San Francisco Unified
School District)
�J��
C O N S U L T I N G
�Irtxnmy.Pndlr.lW�ry tr£,rrarv,,.,niwl5aidv,
3
Special Experience with Environmental Reviews
As a continuing service to our public agency clients, we constantly look for and successfully imple-
ment mechanisms to increase efficiency in meeting environmental documentation requirements.
This approach results in a significant reduction in document preparation time and substantiai cost
savings for our clients.
Training and Procedures Manuals
AEM Consulting developed a training manual for the City of Napa on how to produce environmental
compliance documentation reports for federally funded projects. The manual was provided as a note-
book and included custom templates of forms to use and examples to illustrate the written proce-
dures and instructions.AEM Consulting has developed a similar manual for the San Francisco
Mayor's Office of Housing and the Mayor's Office of Community Development.
Programmatic Agreements for Historic Review
AEM Consulting prepared a Programmatic Agreement for the City of Napa for their federal Historic
Review requirements. Using this Programmatic Agreement, Napa Cultural Heritage staff may now sign
off on most projects in Napa that receive federal funding, without conferring with the State Historic
Preservation Officer.The process sharply reduces the time and cost of preparing certain types of en-
vironmental documents.A similar Programmatic Agreement is being considered for the Sonoma
County Community Development Commission. We are proceeding with a similar process for the City
of San Francisco, where a 1982 Programmatic Agreement is being revised to reflect current regula-
tions and practice.
Efficient Document Preparation
Having a thorough understanding of environmental regulations and compliance requirements,AEM
Consulting has developed internal templates and structures that offer our clients the most efficient
method forthe preparation of required environmental documents.
State of the Art Information, Communication and Product Delivery Systems
We have statewide access to a database of local County Assessor files, and a comprehensive data-
base of toxic and hazardous material sites. We maintain state of Yhe art computer technology and
communication services which enable us the capability to efficiently collaborate with key personnel
and a wide array of clients and sub contractors.
Public Participation Experience
All three Principals of AEM Consulting have had considerable experience in public participation ef-
forts, whether it be for general plan and land use policies, project entitlement permitting„ infrastruc-
ture improvements or environmental review. Our experience includes setting up, managing and re-
cording public hearings, workshops, and informational meetings on behalf of our client organizations.
We have also testified in public meetings, and presented the results of our studies on behalf of our
clients.
�I��'�
C O N S U L T I N G
ri„�,,,.g r„ec.roc�oF„�.,...,,,.,�,.rs�,�ro.,
�4
Conflict of Interest and Pending Litigation
There is no conflict of interest,formal or informal,that would hinder AEM Consulting from providing
the services contemplated. Furthermore,AEM Consulting is not involved or subject to any litigation,
administrative proceeding or investigation (actual or pending). In fact,there is no condition that
would adversely affect the engagement of AEM Consulting underthis RFQ.
Statement of Criminal Conduct
AEM Consulting LLC or any of its employees, agents, independent contractors, or subcontractors
have been convicted, of, pled guilty to, or pled nolo contendere to any felony.
Statement of Financial Stability
In the last ten years, AEM Consulting LLC has not filed, nor has anyone filed against it, any bank-
ruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a
receiver,trustee, or assignee for the benefit of creditors.
Insurance
AEM Consulting maintains General Business Liability Insurance commonly required by our public
agency clients. We also maintain an Errors and Omissions policy of one million dollars. No claims
have been made against either policy since inception of the business. Insurance Certificates will be
provided upon request
�I��''�
C O N S U L T I N G
run,,,np.r„eb,hbry d Bu.,,u,,,,..u;sn,d,n
5 �
Project Personnel
This year Alice Estill Millercelebrates her 31st year of professional experience as a city planner, policy
and environmental analyst. Ms. Miller received her B.A. from Reed College in Portland Oregon (1972)
and her M.S. from Cornell University (1974) in Environmental Analysis/Urban Planning. Ms. Miller
held planning positions with the City of Lakewood Colorado, the City& County of Denver-Mayor's Of-
fice of Policy Analysis and the Marin County Planning Department where she rose to the position of
Principal Planner and was instrumental in the research for the Marin County General Plan. Ms Miller
is familiar with current planning(permit review) as well as Redevelopment Agency activities.
In 1989, Ms. Miller began consulting as a sole proprietor, providing services to public agencies and
non-profits either independently or in joint venture with larger firms. Ms. Miller managed a variety of
complex environmental impact reports for the City of Santa Rosa. Ms. Miller contributes an array of
skills and knowledge, from years of project experience that includes Land Use/Community Planning,
Transportation, �eographic Information Systems, Zoning, Permits and Development Policy,Annexa-
tion and Environmental Impact Analysis. In 1992, Ms. Miller developed a specialty in the area of fed-
eral environmental review for HUD-funded public improvements and affordable housing, involving
compliance with NEPA and the National Historic Preservation Act. These reviews are often coordi-
nated with the appropriate CEQA compliance for the project.
Vern Miller brings a wide range of professional experience and knowledge from both the private and
public sectors to AEM Consulting. Upon graduating from the University of California at Davis in 1976,
Mr. Miller held professional planning positions with the Sacramento Regional Planning Commission,
Association of Monterey Bay Area Governments, and the Marin County Transportation District where
he was appointed District Manager. In 1984, Mr. Miller became licensed as a securities broker/
financial consultant with Lehman Brothers in Larkspur, California. From 1988 until winter 1999 when
he joined AEM Consulting, Mr. Miller was North Bay District Manager for the Associated General Con-
tractors of California and then Executive Director of The Beavers, Inc. (both engineering construction
trade associations). His experience in environmental planning,transportation planning and manage-
ment, contract administration, and business serve a variety of client needs. Mr. Miller is particularly
skilled in applications of computer technology to analytical tasks, desktop publishing, internet-based
research and communications, computer modeling and database management. Since 1999, he has
been engaged in preparing environmental documents for AEM Consulting clients. He also has a per-
sonal interest in the area of wetlands and habitat resource protection.
Alison L.Willets is a Bay Area native who brings a variety of experience based on her training as an
environmental planner with landscape architecture emphasis. In 1989 she received her Bachelor of
Science with Honors from Rutgers University, New Brunswick, New lersey in Environmental Planning
and Design and has also studied Economics at U.C. Davis and San Diego State University. Her work
experience includes 10 years in city and county planning departments in such diverse locations as
Chester County, Pennsylvania, New Castle County, Delaware, Routt County, Colorado and the City of
Steamboat Springs, Colorado. Ms. Willets brings experience in open space planning, GIS, historic
preservation, grant administration and management, and development permit reviews. In 2002, Ms.
Willets returned to the Bay Area where she designed landscapes privately. Her association with AEM
Consulting began in November 2002, when she assisted with several projects located in Sonoma
County on a freelance basis. Impressed with her background and exceptional ability to grasp federal
and California environmental reporting requirements and her understanding of local permit process-
ing, AEM Consulting sent her to HUD environmental training programs in 2003 and 2004. She also
completed Section 106 Review training in October 2003. Ms. Willets recently became a one third
partner in AEM Consulting, a fine addition to this Women Business Enterprise.
�I��'�
C O N S U L T I N G
n.,,,,,,,�R n,tr,.r�c�y.*c,,.,.,,,,�,,,,wts,,,m.,
6
Range of Services and Capabilities
Planning
General Plan, Area and Specific Plans and Amendments
Permit Processing
Transportation Plans
Land Use & Community Database
Redevelopment Plans
Infrastructure Studies
Noticing, Staff Reports & Resolutions
Public Hearings & Meetings
Citizen Participation & Materials
Public Policy
Policy& Fee Studies
Development Review & Zoning
Conservation & Open Space Policies
Ordinances, Guidelines & Resolutions
Use Permits & Design Review
Annexations
Environmental Studies
Environmental Review (CEQA & NEPA)
Categorical Exemptions (CEQA) Categorical Exclusions (NEPA)
Initial Studies, Negative Declarations and EIR's (CEQA)
Environmental Assessments (NEPA)
EIR & EIS Scoping, Noticing and Administration
Section 106 Review of Historic Properties
HUD Noise Assessments
Training Programs in CEQA and NEPA
�/��
C O N S U L T I N G
rc,,,,,,,,g r„ab.tvb..tr r.,,,,�,,,�,.,,i.l o„e,.,
� "
' ProjectApproach and Organization
AEM Consulting focuses on two essentials: making independent assessments of valuable resources
such as historic and cultural resource sites, wetlands and wildlife habitats; and working with our cli-
ents to balance environmental compliance, prudent expenditure of limited public funding and meeting
project objectives. We accomplish this objective by establishing a pattern of early communication. pro-
fessional advice and full progress disclosure.
While environmental compliance can appear daunting and costly, with the right expertise applied to
thejob, it need not be. AEM Consulting approaches the preparation of each environmental document
with an emphasis on quality and thoroughness of analysis. Because a projecYs environmental record
is scrutinized by regulatory agencies and interested par[ies,the potential environmental effects of the
project must be fully analyzed and disclosed.
Although any environmental document can be challenged, a document that is prepared using a com-
prehensive approach with appropriately conservative assumptions is more likely to withstand any I�
gal challenges. In addition, an environmental document must respond directly to issues raised by r�
sponsible agencies, interest groups, and community organizations. We believe a document that pro-
vides thoughtFul and well-written responses to issues raised during the environmental review process
is the best means of allowing applicants to proceed with their projects in the most expeditious man-
ner.
AEM Consulting is responsible for all document preparation tasks, including quality review of all tech-
nical analyses, ensuring compliance with style,format, and content requirements of responsible and
lead agencies, review of technical methodologies, and development of new methodologies as appro-
priate to meet the specific needs of a particular project. Additionally, since AEM Consulting specializes
in environmental analysis and documentation, the project staff can apply all available resources to-
wards regularly upgrading the analytical approach and quality standards.As such, AEM Consulting has
earned a reputation for being conscientious in our approach and responsive to tight schedules and
emerging problems.
AEM Consulting's environmental documents are prepared to the most up-to-date standards and re-
quirements of CEQA, NEPA and applicable lead agency regulations. Environmental documents are al-
ways prepared in a manner that meets AEM Consulting's exacting standards of quality, with specific
emphasis placed on a clear and substantive writing style.
The simple act of applying clear communication to solid science goes a long way toward finding worka-
ble answers. AEM Consulting's environmental studies strive to simplify, clarify, and streamline, saving
our clients time and supporting solid decision making by public officials.
�I����
C O N S U L T I N G
ren,u„g,n,bG.Pebq 6 F...,,.,,,i,,,u.�s,,,n,,.
S �
References
Ernest Molins, Environmental Officer, HUD Pacific Hawaii Region, 450 Golden Gate
Avenue, San Francisco, CA 94102, (415) 436-6564.
Doug Shoemaker, Non-profit Housing of Northern California, 369 Pine Street, Suite
350, San Francisco, CA (415) 989-8160 Ext. 15.
Don Falk, Development Director, Tenderloin Neighborhood Development Corporation,
201 Eddy Street, San Francisco, CA 94102 (415) 776-2151,
Kathleen Kane, Executive Director, Sonoma County Community Development Com-
mission, 1440 Guerneville Road, Santa Rosa, CA 95403-4107, (707) 524-7509.
Olsen Lee, Chief of Housing Division, San Francisco Redevelopment Agency, 770
Golden Gate Ave., San Francisco, CA 94102.
Partial List of Ciients Non-Profits
Public Clients Mission Housing Development Corpo-
ration, San Francisco
City of Santa Rosa
Tenderloin Neighborhood Develop-
City of Napa ment Corporation, San Francisco
Marin County Glide Memorial Church Foundation
Sonoma County Community Develop-
Mercy Charities Housing California
ment Commission
City of Petaluma Citizens Housing Corporation, San
Francisco
City of Sausalito Rural Communities Ffousing Develop-
Town of Tiburon ment Corporation.
San Francisco Redevelopment Agency Burbank Housing Development Cor-
San Francisco Mayor's Office of Housing poration
San Francisco Mayor's Office of Commu- California Department of Housing and
nity Development Community Development
San Francisco Unified School District Napa Valley Housing Corporation
California Nousing Finance Agency Eden Housing
People for Economic Opportunity
Private Clients
USA Properties Fund, Inc.
Simpson HousingSolutions LLC
�I����
C O N S U L T I N G
rn,,,,,,,,s.roan.ron.v s F,,,,n,,,,�.,��i s�,d,.,
9
� • Fee Schedule
• AEM Consulting charges 125.00 per hour.The price includes travel, communication costs,
and other clerical tasks.
• Subcontractors and other outside services are bilied at actual cost plus 10 percent.
. Text duplication, photography, scanning, and shipping are billed at direct cost.
Subcontractors work on a project by project basis.The specific fee schedule depends exclusively on
the level of detail in the project description.At this time there is not adequate information to itemize
the specific fee schedule for subcontractors.
AEM Consulting is a very small company. We do not have any employees. The Principals do all the
work including professional, technical and clerical work. We do not disaggregate our fees by specific
employee category.
Contacts
AEM Consulting LLC aemC�aemconsulting.net
55 St. James Drive Phone: 707-523-3710
Santa Rosa, CA 95403-1419 Fax: 707-523-1033
Alice Estill Miller, Principal alice@aemconsulting.net
Vern Miller, Principal vern@aemconsulting.net
Alison L. Willets, Principal alison@aemconsulting.net
�/���1.J• 1
C O N S U L T I N G
r�.,,,,.F r.et,�ro�,o e F...,.�..,,.,�i.o,d,,,
EXHIBIT B
INSURANCEREQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or
subcontractors.
A. MINIMUM SCOPEOFINSURANCE
Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive
General Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability; or Insurance Services Office Commercial General
Liability coverage �'occurrence"form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/78)covering Automobile Liability,
code 1 "any auto"and endorsement CA 0025. �
3. Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance, if CONSULTANT has employees who will
directly or indirectly provide service or support CONSULTANT in his provision of services
under the Agreement.
B. MINIMUM LIMITS OF INSURANCE
CONSULTANT shall maintain limits no less than:
1. General Liability: $1,0000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage.
3. Worker's Compensation and Employers Liability: Workers compensation limits as
required by the Labor Code of the State of California and Employers Liability limits of
$1,000,000 per accident.
1
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City of
Ukiah. At the option of the City of Ukiah, either the insured shali reduce or eliminate such
deductibles or self-insured retentions as respects the City of Ukiah, its officer, officials,
employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment
of losses and related investigations, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages
a. The City of Ukiah, its o�cers, officials, employees and volunteers are to be covered
as insured's as respects; liability arising out of activities performed by or on behalf of
the CONSULTANT, products and completed operations of the CONSULTANT,
premises owned, occupied or used by the CONSULTANT, or automobiles owned,
leased, hired or borrowed by the CONSULTANT. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers,
officials, employees or volunteers.
b. The CONSULTANT'S insurance coverage shali be primary insurance as respects the
City of Ukiah, its officers, officials, employees and volunteers. Any insurance or self-
insurance maintained by the City of Ukiah, its officers, officials, employees or
volunteers shall be excess of the CONSULTANT'S insurance and shall not contribute
with it.
c. Any failure to comply with reporting provision so the policies shall not affect
coverage provided to the City of Ukiah, its ofFicers,officials, employees or volunteers.
d. The CONSULTANT'S insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
2. Worker Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City of Ukiah, its
officers, officials, employees and volunteers for losses arising from work performed
by the CONSULTANT for the City of Ukiah.
3. All coverages
Each Insurance policy required by this clause shail be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City of Ukiah.
2
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a BesYs rating of no less than A:VII.
F. VERIFICATION OF COVERA6E
CONSULTANT shall furnish the City of Ukiah with certificates of insurence and with original
endorsements effecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements are to be on forms provided by
the City of Ukiah. Where by statute, the City of Ukiah's Worker's Compensation related
forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be
substituted. All certificates and endorsements are to be received and approved by the City
of Ukiah before work commences. The City of Ukiah reserves the right to require complete,
certified copies of all required insurance policies, at any time.
G. SUBCONTRACTS
CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
3