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HomeMy WebLinkAboutContracts & Agreements_5-1994_CCv0001.pdf CHAMBERS GROUP, INC. STANDARD CONTRACT AGREEMENT 1. PARTIES IDENTIFICATION This is a Contract Agreement between CHAMBERS GROUP, INC., 2001 Iowa Avenue, Suite 206, Riverside, California 92507, hereinafter also referred to as CGI, and THE CITY OF REDLANDS, 2 Redlands Plaza, Redlands, California 92373, hereinafter referred to as the Client and constitutes the Contract Agreement negotiated on November 15, 1993. 11. APPLICABLE DOCUMENTS This Agreement is subject to the following documents which are made a part hereof by reference: Scope of Work and Services (Attachment A) Schedule of Fees (Attachment B) All attachments, specifications, and any other documents referred to herein but not attached hereto are incorporated by their reference. The Client shall notify the CGI immediately, in writing, of any obvious, apparent, or potential conflicts among or between the above documents. Recommendations for interpretation, clarification,resolution, or correction shall accompany the notification of conflict and shall not be implemented without Contractor's written approval. Ill. NEGOTIATED PRICE The Direct Fee will not exceed $12,746.00 for this contract except as may be affected by a formal change in the scope of work. IV. APPLICABLE LAW This Agreement shall be governed by the laws of the State of California. No rights, remedies and warranties available to CGI under this contract or by operation of law are waived or modified unless expressly waived or modified by CGI in writing. 9 W, r MM I T R4 1 of 5 V. SEVERABILITY If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other provisions of this Agreement and the remainder to this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed to be severable. V1. TERMINATION, SUSPENSION, AND CHANGES IN SCOPE OF WORK A. Termination In the event the Client terminates this contract for any reason prior to the complete and final delivery of products and services specified in the Proposal and Scope of Work, the Client agrees to reimburse CGI for actual expenses incurred to that date. CGI will stop work immediately upon receiving written notice that services will be terminated and the date of receipt of the notice will constitute the date of termination. B. Suspension of Work In the event the Client suspends work for any reason, CGI agrees to immediately suspend work until further written notice to resume work is received by CGI. If such suspension results in unavoidable increases.in cost, an equitable adjustment to the price of this contract will be negotiated with the client. C. Amendment of Scope of Work or Schedule No amendments to the overall scope or in the scope of any portion of this Agreement which would effect a change in any terms, provisions, or cost shall be made except by a written modification executed by CGI's Project Manager or Project Principal. Amendment of the Scope of Work,Schedule,Deliverable Products and Services, or Agreement price shall only occur as set forth in this Paragraph. The Client will provide a written notice of amendment of the work requirement describing the intended change in required work. As soon as possible, but in no event longer than one week after receipt of the proposed amendment, CGI shall propose the amount of any price increases or decrease due to such change, supported by full and complete documentation. CGI shall also propose any adjustment in the Schedule set for completion of the entire work that is directly attributable to the change in work. 2 of 5 VII. ADJUSTMENTS TO COMPENSATION FOR SUSPENSION OF WORK OR AMENDMENTS TO THE SCOPE OF WORK OR SCHEDULE A. Adjustments to Compensation or Schedule If the Client agrees to adjustments to compensation proposed by CGI for suspension of work or amendments to the Scope of Work or Schedule according to the provisions above, then CGI shall proceed with the work at the agreed price and schedule as amended. CGI does not hereby waive the right to further pursue a claim for a cost or schedule adjustment if such adjustment is warranted by actual work required and documentation supporting the extent of such necessary work is maintained by CGI. Work subject to such amendment(s) shall be performed in accordance with all applicable requirements of this Agreement, including any amendments thereto. B. Failure to Agree Upon Adjustments to Compensation or Schedule In the event the Client and CGI are unable to agree on adjustments to compensation or schedule, the Client and CGI agree to submit such unresolved disputes to a mutually agreeable impartial party for arbitration, sharing the direct costs of such arbitration, if any, equally. The Client and CGI further agree to be bound by the decision of the arbitrator and to forfeit any right to sue in a court of law except as may otherwise be provided by the applicable laws under which this Agreement is made. VIII. SCHEDULE AND DELIVERABLE PRODUCTS AND SERVICES A. Schedule Performance under this Subcontract shall be completed according to the Scope of Work as described in Attachment A. B. Deliverable Products and Services The Scope of Work, described in Attachment A, describes the Deliverable Products and Services CGI agrees to provide under this Contract Agreement. Deliveries must be made on or before the dates negotiated. If the delay in delivery is due to unforeseeable causes beyond the control and without the fault or negligence of the CGI, CGI will not be liable. 3 of 5 Ix. FORCE MAJEURE Neither the Client nor CGI shall be deemed to be in default in the performance of the terms to this Agreement if either party is prevented from performing the terms of this Agreement by causes beyond its control, including,but without being limited to: acts of God or the public enemy, interference, rulings or decisions by municipal, federal, state, or other governmental agencies, boards or commissions; any laws and/or regulations of such municipal, state, federal, or other governmental bodies; any catastrophe resulting from flood, fire, explosion, or other causes beyond the control of the defaulting party. If any of the stated contingencies occur, the party delayed by force majeure shall immediately give the other party or parties written notice of the cause of the delay. The party delayed by force majeure shall use reasonable diligence to correct the cause of the delay, if correctable, and if the condition that caused the delay is corrected,the party delayed shall immediately give the other party or parties written notice thereof and shall resume operations under this Agreement. In the event of a delay or other actions of the state instrumentalities, departments, or agencies which delays or actions result in additional work, costs,or expenses incurred by CGI, an equitable price adjustment may be negotiated to cover such increased costs of work, provided that CGI can clearly demonstrate the nature and amount of such increases in cost. Disagreements as to adjustments to compensation or schedule will be resolved as define in Paragraph VII. B. X. INDEMNITY The Client shall indemnify and hold harmless CGI, its officers, agents and employees, from any loss or liability by reason of property damage, personal injury or death arising out of the Client's negligent acts or omissions. X1. LIMITATION OF LIABILITY In no event shall CGI be liable to the client for incidental, special or consequential damages in connection with or arising out of the existence of this Agreement or the furnishing of products or services hereunder. XII. QUALITY Delivered Products and Services will be as described in Attachment A and are subject to approval by the Client within a reasonable time after delivery. If specifications as defined in the proposal are not met or quality is otherwise unacceptable to the Client,CGI will endeavor to correct any documented deficiencies within a reasonable time after being notified of said deficiencies. In the event of disagreements, the Client and CGI agree to submit such disagreement to binding arbitration as described in Paragraph VII. B. 4 of 5 XIII. PROGRESS PAYMENTS AND INVOICING Unless otherwise agreed in writing, payment shall be made monthly in accordance with actual costs incurred. Invoices for actual work performed in a calendar month shall be submitted monthly. Payment is due not later than 30 days from the date of invoice. XIV. CONTRACT AGREEMENT This Agreement, together with Attachments and materials referenced herein, constitutes the sole and complete Contract Agreement between the undersigned. AGREED: AGREED: CHAMBERS GROUP, INTC. CITY UFR LANDS" 10 BY: — Swen Larson TITLE: fa Mayor DATE: DATE: March 1 , 1994 BY, Lorrl'e Poyzer City Clerk DATE: March 1, 1994 NTE: $12,746.00 5 of 5 ATTACHMENT A SCOPE OF WORK AND SERVICES SCOPE OF WORK AND SERVICES OVERVIEW In reviewing the EIR for the Sunset Canyons Specific Plan, Chambers Group will operate as an extension of existing City staff to review, comment, and process the EIR. These services will be provided in three distinct phases of the project, as defined in the following paragraphs. Administrative Draft and Draft EIR Upon submittal of the Administrative Draft EIR to the City, Chambers Group will meet with the City's Planning Staff to coordinate the project's review and exchange current information and supplemental submissions regarding the proposed project. Following this review kickoff meeting,Chambers Group will fully review,verify,and analyze the Administrative Draft EIR to ensure compliance with applicable federal, state, county, and City laws,and to ensure that the analysis conducted in the EIR accurately portrays the environmental impacts associated with the proposed project. This phase of the project's EIR review will be the most detailed. During this phase, every environmental resource will be reviewed to ensure the following: ► that the proper methods of evaluation were done; ► that data sources are complete and current; ► that significance criteria are well defined and supportable; ► that impacts are clearly discussed; ► that mitigations are included to reduce impacts to a level of not significant (if possible); and, ► that the residual impact after application of mitigations is specified. Following the review, which should take 3 weeks, the City will be presented with a report that provides a review of the document. This report will provide editorial comments on the document, a discussion of areas needing further analysis, areas of controversy in technical approach, and suggestions on changes needed in the document. This report will be to the point, and provide clear direction on changes needed before the City allows release of the Draft EIR to the public for review. The Chambers Group project manager will be available to meet with City staff and the applicant's consultant at one meeting to discuss the contents of the review report. Chambers Group will provide a second review of the Draft, if desired, to ensure that all changes ges requested have been incorporated into the Draft EIR prior to public release. Chambers Group will also review the consultant's mailing list for the Draft EIR to ensure A-i that all agencies, organizations, and interested parties have been given notice of the availability of the Draft EIR and that copies of the document are sent to the necessary parties. Administrative Final EIR Upon the completion of the Administrative Final EIR, the Chambers Group will review the document to ensure the following: ► that all comments received from the public have been responded to in the Final EIR; ► that all comments that require changes in the content of the Draft EIR are included in the Final EIR with the appropriate changes; and, ► that the format used in the Final EIR is in accordance with regulations and City guidelines. Once again, a review report will be prepared and submitted to the City, and the Chambers Group project manager will be available for a meeting with the City and the applicant's consultant to discuss the comments and changes requested. Mitigation Monitoring Program As required by state law, a mitigation monitoring program will be required for the project. Chambers Group staff will work with the City on defining an acceptable format for this document and providing this to the applicant's consultant. The resulting mitigation monitoring program, and the mitigations in the EIR document, will be reviewed to ensure that the measures can be implemented, that they have the desired effect upon the impacts reported in the EIR, that the timeline for their implementation is included, and that the agency or party responsible for the implementation of the mitigation measure is clearly identified. TECHNICAL APPROACH In determining the compliance/adequacy of an EIR prepared for the Sunset Canyons Specific Plan under CEQA, two broad areas will be evaluated. The first is a review of the content of the EIR to ensure that it contains the items prescribed in both CEQA and Redlands Environmental Guidelines. The second area of evaluation concerns the technical analysis contained in the EIR. As shown below, Chambers Group has the experience and expertise needed in both of these categories. A-2 Content The CEQA Guidelines and the City's Guidelines for the Implementation of CEQA both outline the portions of an EIR that are required content. Table I provides a list of the items that must be included in an EIR for it to be deemed adequate. This list will be used by Chambers Group staff to ensure that all needed items are included. Table I REQUIRED EIR CONTENTS Required Section (CEQA) Table of Contents (Section 15122) Summary (Section 15123) Introduction Project Description (Section 15124) Significant Environmental Effects of Proposed Project (Section 15126a); Environmental Impacts Unavoidable Significant Environmental Effects (Section 15126b) Mitigation Measures (Section 15126c) Mitigation Monitoring Plan (Public Resources Code Section 21081.6) Cumulative Impacts (Section 15130) Alternatives to the Proposed Action (Section 15126d) Growth Inducing Impacts (Section 151268) Local Short-Term Uses Versus Long-Term Productivity (Section 15126e) Irreversible Environmental Changes (Section 15126f) Technical Analysis From the Initial Study prepared for the project, it is our understanding that the following resource areas will be covered in the EIR. ► Earth Resources Aesthetics, Light and Glare ► Air Quality Land Use ► Hydrology Transportation/Circulation ► Biology Public Services ► Noise Cultural Resources A-3 Based on this list of resources, Chambers Group has assembled a team of experts that can directly address these items. This team was selected not only for their expertise in a given resource area, but also because of their knowledge of the Redlands area. All of the individuals assigned to this project are also working on the Hidden River Country Club Estates Specific Plan EIR. This familiarity with the project area provides the Chambers Group team with a depth of knowledge that we feel is a unique asset to the City. For each resource area, six aspects will be evaluated in detail. This evaluation will be conducted based on a review of the materials provided by the applicant's consultant for circulation as the Draft EIR. The following paragraphs define the types of analysis that will be performed for each resource area. ► Environmental Setting. A full and detailed description of the project site and surrounding environs is necessary in order to ensure that the full impacts of the project are identified. The baseline information contained in this portion of the document will be used to evaluate the context of each potential impact. In these sections, the validity of the background data will also be evaluated. This includes a review of the data used, and the currency and accuracy of the data. ► Significance Criteria. In evaluating the impacts associated with a project, the validity of the significance criteria (thresholds) is the most critical aspects of an EIR. The EIR should clearly delineate the thresholds used to define significance, and each significance criteria should be supported by facts substantiating its use as a valid measurement of impact. Methods Applied. The technical experts on the team will review the methods applied to determine project impacts. For each resource, the field methods used, assumptions made, and models utilized will be reviewed to insure each is appropriate to the situation being evaluated. ► Mitigations Applied. CEQA requires that all significant impacts be mitigated to a not significant level if possible. An important consideration that will be used when evaluating the mitigations provided in the EIR is the determination of each mitigations applicability to the situation. That is: does the mitigation achieve the desire result; and, can the mitigation be implemented? ► Residual Impacts After the application of mitigations, the residual impact needs to be discussed. If an impact can not be mitigated to a level of insignificance, the applicant's consultant should evaluate the potential for a project alternative to reduce the significance of an impact. ► Alternatives. CEQA requires that alternatives to the proposed action be presented and evaluated in the EIR. This review and evaluation-shall include the No Project Alternative, as well as other alternatives that reduce adverse impacts to the environment. Chambers Group review will ensure that an adequate number of alternatives is included in the EIR to ensure that the full range of alternatives are A-4 included in the analysis. These alternatives will be reviewed for their ability to reduce significant adverse impacts of the project. Following the review of alternatives, the EIR will discuss the Environmentally Superior Alternative. In judging the adequacy of the review conducted in the EIR, the CEQA checklist prepared for the project identifies a preliminary scope and focus of anticipated issues. This, along with comment letters from agencies responding to the City's NOP and Chambers Group's knowledge of the area will be used to ensure that the scope of analysis is adequate for certification by the City Council. SCHEDULE The following is a schedule for the review of the Sunset Canyons Specific Plan EIR. Time from 0 - -- I Acceptance by City Steps �T--- -- 3 3 weeks Review of Administrative Draft EIR weeks e 2 weekss Review of corrected Draft EIR w 3 weeks Review of Administrative Final EIR 1 week Review of Mitigation Monitoring Program MEETINGS The following meetings will be attended by the Chambers Group project manager. Other team members can attend meetings as needed on a time and materials basis. Time from Acceptance by City Steps h staff and consultant 1 meeting Meet with staff and consultant on Administrative Draft EIR M f 1 meeting f and roJ, 'Jt�', 1 meeting Meet with staff and consultant on corrected Draft EIR -I meeting eeting Meet with staff and consultant on Administrative Final ' m EIR tl g I meeting Planning Commission hearing on project I meeting City Council hearing on project A-5 ATTACHMENT B SCHEDULE OF FEES M NOR sj CHAMBERS GROUP, INC. SCHEDULE OF FEES - 1993 Staff Title i Rate i Project Principal Program Manager $310.00 Senior Project Manager 95.00 Project Manager 85.00 Principal Planner 80.04 Senior Planner 80.00 Associate Planner 65.40 Senior Environmental Analyst 54.00 Environmental Analyst 55.00 GIS Analyst 45.00 55.40 Senior Environmental Engineer/Scientist Senior Environmental Specialist 80.44 Environmental Specialist 65.00 Senior Biologist,Wildlife Biologist, Botanist 60.00 Associate Biologist 65.00 Senior Marine/Aquatic Biologist 55.00 Associate Marine/Aquatic Biologist 80.00 Director of Cultural Resources 55.04 Senior Principal Investigator 72.04 Senior Archaeologist/Historian 72.00 Archaeologist 60.00 Archaeological Meld Director 55.04 Associate Archaeologist 50.00 Report Production Manager 35.00 Senior Word Processor 70.00 Ward Processor 52.00 Graphics Specialist 42.00 Technical Editor 45.00 Clerical/Data Entry 48.00 30.00 pr tix� ' st pp3 e ,e re b i-ft B-1