HomeMy WebLinkAboutContracts & Agreements_27-1995_CCv0001.pdf Chambers Group, Inc. GENERAL CONDITIONS
Effective May 1, 1994
SERVICES. Chambers Group, Inc. ("Chambers Group") shall perform its services ("Services") in
accordance with its proposal, or, in accordance with the Scope of Work agreed upon by the Parties that
is hereby incorporated herein and attached hereto as Exhibit A.
ACCESS. Client grants or shall obtain for Chambers Group and its subcontractors authority to enter the
property upon which Chambers Group's services are to be performed ("Site"). Chambers Group will take
reasonable precautions to minimize damage to the Site and adjoining properties and any cost of correction,
repair, or replacement shall be borne by Client.
CLIENT INFORMATION. Client warrants the completeness and accuracy of information supplied by it
to Chambers Group and acknowledges that Chambers Group is relying upon such information without
verification by Chambers Group of its completeness and accuracy.
Client agrees to advise Chambers Group in writing prior to commencement of Services of the existence
of dust, fumes, gas, noise, vibrations or other particulate or nonparticulate matter at or near the Site that
may create a potential health hazard or nuisance to anyone working within the area and the existence
and identity of any known hazardous substance or waste materials. In the event any such conditions are
encountered during the course of Chambers Group's Services, Client agrees that the Services, schedule,
and fees may be adjusted.
STANDARD OF SERVICES AND WARRANTY. Chambers Group shall perform its Services in accordance
with generally accepted engineering and scientific practices adopted by environmental firms performing
services of a similar nature at the time Services are rendered. Client acknowledges that the Services may
involve the use of tests, calculations, analyses, and procedures that are in constant state of change and
refinement and that changes in methods and procedures have been made, are now being made, and are
expected to be made in the future.
Chambers Group warrants that, if any of its completed Services fail to conform to the above professional
responsibility standard, Chambers Group will, at its expense, perform corrective Services of the type
originally performed as may be required to correct any such defective Services of which Chambers Group
is notified by Client in writing within six(6) months after the completion of Services. Chambers Group's
total aggregate responsibility for defective Services shall not exceed the lesser of fifty thousand dollars
($50,000) or one hundred percent(100%) of the amount paid for Services. Chambers Group shall, for the
protection of Client, request from all vendors and subcontractors from which Chambers Group procures
equipment, materials, or services, guarantees which will be made available to Client to the full extent of
the terms thereof. Chambers Group's responsibility with respect to such equipment, services, and
materials shall be limited to the assignment of such guarantees and rendering assistance to Client in
enforcing the same.
Except as provided in this section, Chambers Group MAKES NO OTHER WARRANTY, EXPRESS OR
IMPLIED, and Chambers Group shall have no other liability to Client for defective Services, whether
caused by error, omission, negligence, or otherwise.
CONFIDENTIAL INFORMATION. Chambers Group will not knowingly disclose to others any
confidential information furnished by Client in connection with this project. Any information that Client
intends to be covered by this paragraph shall be clearly marked "Confidential." These restrictions shall
not apply to information that (1) Chambers Group had in its possession prior to disclosure by the Client,
(ii)becomes public knowledge through no fault of Chambers Group,(iii)Chambers Group lawfully acquires
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from a party not under an obligation of confidentiality to the Client, (iv) is independently developed by
Chambers Group,or(v)Chambers Group is required to disclose by law or administrative order. Chambers
Group will not publish, in any technical articles or otherwise, information obtained from the Services in
a manner that would identify the Client's project without prior consent.
Client agrees that Chambers Group may use and publish Client's name and a general description of the
Services provided to Client by Chambers Group in describing Chambers Group's experience and
qualifications to other clients or potential clients.
USAGE OF DATA AND DOCUMENTS. "Information" includes all reports, field data, notes, and
laboratory test data prepared by Chambers Group. This Information shall be considered instruments of
service, and Chambers Group shall retain a property interest. Client shall have the right to make and
retain copies and use all Information, provided, however, such use shall be limited to the particular Site
and project for which the Information is provided. Client may release the Information to third parties at
its sole risk and discretion, provided, however Chambers Group shall not be liable for any claims or
damages resulting from or connected with such release and Client shall indemnify, defend, and hold
Chambers Group harmless from any and all such claims or damages.
INSURANCE AND INDEMNITY. Chambers Group shall maintain Workers' Compensation and
Employer's Liability Insurance in accordance with requirements of the state in which the Services are
being performed, comprehensive liability insurance (including contractual and contractor's protective
liability coverage) with combined single limit of one million dollars ($1,000,000) per occurrence for bodily
injury and property damage and automobile liability coverage including owned and hired vehicles with
a combined single limit of one million dollars ($1,000,000) per occurrence for bodily injury and property
damage.
Chambers Group shall indemnify Client, its officers, directors, agents, and employees against claims,
demands, and causes of action including expenses of defense for personal injury, disease or death, and loss
or damage of property (other than property of Client for which Client hereby assumes responsibility)
arising during the performance of Services and caused by the sole negligence or willful misconduct of
Chambers Group. Chambers Group's aggregate liability shall not exceed the recoveries under the types
and limits of insurance provided by Chambers Group hereunder and Client agrees to release, defend and
indemnify Chambers Group from and against all further liability arising from such Services.
Client shall defend and save harmless Chambers Group,its officers,directors,agents,and employees from
all claims, demands, and causes of action including expenses of defense for personal injury, disease or
death, and loss of damage of property(including personnel of Client, Chambers Group, or subcontractors
performing work hereunder)and air,subsurface, or ground pollution or environmental impairment arising
out of or in any manner connected with or related to the performance of Services, except where such
injury, loss, or damage shall have been caused by the sole negligence or willful misconduct of Chambers
Group, it being the intention of the parties that Client assume any liability alleged to have resulted from
Chambers Group's joint or concurrent negligence. Client agrees to be responsible for removing and
disposing of any hazardous substance or waste uncovered as a result of the Services including drilling
mud, if any, used in site investigation that may become contaminated as a result of said investigation.
REMEDIES. Neither party nor their affiliated companies, nor the officers, agents, and employees or
contractors of any of the foregoing, shall be liable to the other in any action or claim for consequential or
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special damages, loss of profits, loss of opportunity, loss of product, or loss of use, and any protection or
limitation against liability for losses or damages afforded any individual or entity by this Agreement shall
apply whether the action in which recovery of damages is sought is based on contract, tort (including
negligence)strict liability, or other theory of To the extent permitted by law, any statutory remedies
that are inconsistent with these terms are waived.
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EXCAVATION AND SUBSURFACE OPERATIONS. If the Services include excavation, drilling, boring,
or other intrusive operations, Client shall provide to Chambers Group in writing the identity, description,
and location of all subsurface facilities and obstructions at the Site. Chambers Group shall have no
responsibility for any damage arising from the failure to accurately identify and locate such facilities or
obstructions and Client shall waive all claims for such damages and hold Chambers Group harmless
therefrom.
RELATIONSHIP OF PARTIES. Chambers Group's Services are performed as an independent contractor
and not as the Client's agent, partner, or joint venturer.
FORCE MAJEURE. Chambers Group will have no liability for any failure to perform or delay in
performance due to any circumstances beyond its reasonable control,including,but not limited to,strikes,
-riots, wars, fires, floods, explosions, acts of nature, acts of governments, labor disturbances, delays in
transportation, or inability to obtain material or equipment.
ENTIRE AGREEMENT. The Client's engagement of Chambers Group represents Client's acceptance of
Chambers Group's Commercial Terms (Exhibit B) and these General Conditions, which constitute the
entire understanding and supersede any prior or subsequent communications, representations, or
agreements of the parties, whether oral or written, including Client's additional or different terms and
conditions that may be contained in any purchase order, work order, invoice, acknowledgment form,
manifest,or other document forwarded by Client to Chambers Group to which notice of objection is hereby
given. If any portion of the Commercial Terms or these General Conditions is held invalid or
unenforceable, the parties shall renegotiate this Agreement to effect the original intent to the maximum
possible extent, and any remaining portions shall continue in full force and effect. There shall be no
assignment of the rights or obligations by either party and any assignment shall render the duties and
obligations of the other party null and void. Termination of this agreement or the Services for any reason
shall not affect or minimize the respective rights, obligations, and limitations of liability contained herein.
AGREED AND AUTHORIZED: AGREED AND AUTHORIZED:
CHAMBERS INC. CITY OF REDLANDS
Sherm Smith V Signature - Swen Larson
Mayor of the City of Redlands
Title Title
April 4, 1995
Date Date
ATTEST:
Loi�r:Ve Poy City Clerk
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EXHIBIT A - SCOPE OF WORK
PART I - APPROACH
1.1 SCOPE OF SERVICES
The following Scope of Work covers the following items. The scope of work for each of the
following items is detailed in the remainder of this section.
► Completion of the Draft EIR for the Hidden River Country Club Estates Specific Plan
based on the comments to the Screencheck Draft EIR previously provided by the City of
Redlands.
► Preparation of a Screencheck Final EIR for the project.
► Preparation of the Final EIR for the project.
► Preparation of the Mitigation Monitoring Plan for the project.
► Attendance at a project coordination meeting and public hearings.
The proposed project will require approvals at the local, county, state, and federal levels.
Upon completion of the Initial Study on this project, it was determined by the City of
Redlands that an Environmental Impact Report (EIR) is to be prepared in accordance with
the California Environmental Quality Act (CEQA). This contract covers the preparation of
a Draft and Final EIR, but does not cover the preparation of a focused or full Environmental
Impact Statement (EIS) or Environmental Assessment (EA) per NEPA should one be
determined to be necessary at some later point in this contract period.
This contract will cover the evaluation of environmental impacts that result from the
development of the proposed Hidden River Country Club Estates Specific Plan(Specific Plan)
dated January 1995(with the understanding that this version of the Specific Plan is identical
to the December 1991 version except for the publish date), and other land use entitlements
as described in the Initial Study released by the City of Redlands in September of 1992. Any
action or description of proposed actions by the U.S. Army Corps of Engineers(COE) or other
agency regarding the use of this property for flood control purposes is not covered or implied
by this Scope of Work.
1.1.1 Preparation of the Draft EIR
Chambers Group submitted to the City of Redlands a Screencheck Draft EIR for the Hidden
River Country Club Estates Specific Plan in November 1993. During the period from
November 1993 through May 1994, Chambers Group worked diligently with City staff to
understand and incorporate the City's comments on the Screencheck Draft EIR.
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In addition to the changes requested by the City between November 1993 and May 1994,
Chambers Group will review the Screencheck Draft EIR and update the following
information.
1) The Earth Resources section of the EIR will be revised to update the list of seismic
events that have occurred in the southern California region. This update will be done
based on searches of available literature. No field work or testing is proposed under this
Scope of Work or cost estimate.
2) The Biological Resources section of the EIR will be revised to reflect any changes in State
or Federal listing status for plants and wildlife. This update will be done based on
searches of available literature. No field work or testing is proposed under this Scope
of Work or cost estimate.
3) The Air Quality section of the EIR will be revised to reflect the current status of State
and Federal air quality standards.
4) The Public Services section of the EIR will be revised to reflect current conditions. Each
service provider covered in the Screencheck Draft EIR will be contacted to obtain the
current use and capacity of their service as it relates to the proposed project.
5) Statements reflecting the applicants start of construction, timing of phasing, and
completion of project buildout will be revised to reflect the dates provided to the City of
Redlands by the applicant. Only the modeling contained in the Air Quality section will
be updated to reflect the revised start of construction. All other changes will be limited
to changing the text from the current year to the new construction start date.
Chambers Group will not update the data used in the preparation of the Screencheck Draft
EIR except as specifically stated above.
Based on City staffs previous comments on the Screencheck EIR and changes related to the
five numbered statements above, pertinent changes to the EIR will be made and one (1)
Redline copy of the EIR document without Technical Appendices will be submitted to the
City. After the City has reviewed the Redline Draft EIR and released the document for
printing, Chambers Group will prepare one (1) camera ready copy for submittal to the City.
Following printing of the required number of Draft EIR's by the City or the Applicant, the
City will provide Chambers Group with up to eighty(80) copies of the Draft EIR. Chambers
Group will distribute these copies by certified mail to a list of recipients provided by the City.
If desired, Chambers Group, Inc. will also prepare a Notice of Completion for City signature
which will be submitted with EIR copies. This Scope of Work and cost estimate do not
include the printing of the Draft EIR beyond the one (1) camera ready copy.
1.1.2 Public Hearings and Meetings
A representative of Chambers Group will attend up to eight (8) public hearings before the
Environmental Review Committee, up to eight (8) public hearings before the Planning
Commission, and up to four (4) public hearings before the City Council relative to the EIR
prepared under this contract.
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1.1.3 Preparation of the Final EIR
Chambers Group will prepare responses to written and oral comments to the Draft EIR and
modify the text from the Draft EIR where required. A screencheck. Final EIR will be
prepared. The Screencheck Final and Final EIR will be prepared as a addendum document,
and direct changes to the Draft EIR document and recirculation of the Draft EIR with the
Final documents is not included in this contract.
The City will be provided with ten(10) copies of the Screencheck Final EIR for review. After
the City has reviewed the Screencheek Final EIR and released the document for printing,
Chambers Group will prepare one (1) camera ready copy for submittal to the City. This
Scope of Work and cost estimate do not include the printing of the Final EIR beyond the one
(1) camera ready copy. Distribution of the Final EIR is not included in this contract.
1.1.4 Mitigation Monitoring Plan
As mandated by state law, mitigation monitoring and enforcement will be required.
Chambers Group will provide one (1) camera ready copy of a mitigation monitoring plan at
the time of submittal of the Final EIR which will include all potential mitigation measures.
Chambers Group has prepared a number of monitoring plans for various agencies and will
work with staff to prepare the monitoring plan in the format preferred by staff.
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PART H - COST, SCIFIEDUM AND ASSLUVIE MONS
H.1 COST
Chambers Group proposes a lump sum of $42,548.00 for the Scope of Work outlined in
Section I of Exhibit A. The costs presented in this section are based on the assumptions
presented in Section I as well as those specified in Sections 11.2 and 11.3 below.
11.2 SCHEDULE FOR HIDDEN RIVER COUNTRY CLUB ESTATES SPECIFIC PLAN
EM
The following is a schedule for the preparation of the Hidden River Country Club Estates
Specific Plan EIR (Table 11.2-1). For purposes of costing this project, Chambers Group has
assumed a start to finish duration of 7 months.
Table 11.2-1
Time from Previus:Step Steps
3 weeks' Submit Redlined Draft EIR (1 copy)
2 weeks Review of Redlined Draft EIR by City of Redlands
2 weeks Submit Draft EIR (one camera ready copy)
45 days Public review of Draft EIR
3 weekS2 Submit Screencheck Final EIR to City (10 copies)
3 weekS2 City review of Screencheck Final EIR
2 weekS2 Submit Final EIR (one camera ready copy)
Determined by City Environmental Review Committee, Planning Commission,
and City Council hearings on Final EIR
Work on this contract will start following approval of this contract by the
Redlands City Council and receipt of a signed contract by Chambers Group,
2 Chambers Group will not work on the preparation of the Screencheck Final EIR
until given a written authorization to proceed by the City's Community
Development Director. If written authorization to proceed is received,during the
45 day public review period for the Draft EIR, then the above schedule will be
used for completion of this project. If authorization to proceed comes after the
completion of the 45 day public review period for the Draft EIR, the schedule for
the steps noted with footnote 2 (') will, be delayed by one day for every day of delay
following the completion of the 45 day review period for the Draft EIR.
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U.3 ASSUMPTIONS
The cost estimate and schedule are based on the assumptions listed in Section 1, Section 11.2,
and the assumptions listed below.
► The cost for preparation of the Hidden River Country Club Estates Specific Plan EIR
does not include activities outside the Scope of Work presented in this exhibit.
► Chambers Group will use and rely upon the project information presented in the Hidden
River Country Club Estates Specific Plan dated January 1995 for the preparation of this
EIR. For purposes of preparing this Scope of Work and associated costs, Chambers
Group has assumed that the January 1995 version of the Specific Plan is identical to the
December 1991 version of the Specific Plan (except for the date of publication) that was
used and relied upon to prepare the Screencheck Draft EIR. Modification of the EIR or
any of its supporting technical studies found to be necessary due to changes in the
specific plan or project description are not included in the Scope of Work or costs
presented in this contract.
► The information and data presented in the Hidden River Country Club Estates Specific
Plan Screencheck Draft EIR(dated November 1993)and associated technical studies will
be incorporated into the Draft and Final EIRs as presented with the exception of any
written changes requested by staff during the preparation of the Draft EIR from
November 1993 through May 1994 and the changes specified in Section I.I.I.
► Any agreed upon out-of-scope costs and additional work will be based on Chambers
Group's Schedule of Fees shown on Table 11.3-1 and Chambers Group's Standard Terms
and Conditions specified in this contract.
Table 11.3-1
Staff Title Rate Staff Title Rate J
PROF 1 $ 30.00 PROF VIII $ 75.00
PROF Il $ 40.00 PROF IX $ 80.00
PROF 111 $ 45.00 PROF X $ 90.00
PROF IV $ 55.00 PROF XI $ 110.00
PROF V $ 60.00 PROF XII $ 125.00
PROF VI $ 65.00 PROF XIII $ 140.00
PROF VII $ 70.00
► A representative of Chambers Group will attend up to eight (8) public hearings before
the Environmental Review Committee, up to eight (8) public hearings before the
Planning Commission, and up to four(4)public hearings before the City Council relative
to the EIR prepared under this contract. The Chambers Group representative will also
attend one (1) coordination meeting with City staff to review comments on the
Screencheck Final EIR. Other Chambers Group staff or additional hours required to
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attend meetings will be billed as an add-on at rates provided in Chambers Group's
Schedule of Fees shown on Table 11.3-1
► Chambers Group will prepare a Redline Draft EIR to give the City a better
understanding of what has been amended in the document as a result of the City's
review of the Screencheck Draft EIR. The costs and schedule presented in preparation
of the Draft EIR assumes that no substantive new issues or comments will be raised by
the City as a result of the City's review of the Redline Draft EIR.
► The proposed cost estimate includes printing of the number of pages and documents as
indicated in Table 11.3-2. The Redline Draft EIR will not include the Appendices since
the City has already reviewed that portion of the Screencheck Draft EIR and had no
changes. Additional copies of the documents and pages will be billed at Chambers
Group's standard rate.
Table U.3-2
Document Na of Copies Na of Pages Per Document
Per Document C416tI
Print Redline Draft EIR 1 220 $15.00
Print Draft ElW 1 525 $40.00
Print Screencheck Final EIR 10 150 $6.00
Print Final ElW 1 150 $16.00
Print Mitigation Monitoring
20 1 $5.00
Plane
This table does not include costs for distribution (shipping and handling).
Distribution costs are included in the contract total.
2 One(1) Camera Ready copy only.
L_
►
Chambers Group will ship up to eighty (80) copies of the Draft EIR by first-class,
certified mail(with return receipt). For this mailing, Chambers Group shall use and rely
upon a distribution list, including addresses, provided by the City.
► Costs against the project budget will be accrued on a monthly basis and billed per the
terms as set forth in the contract. Payments on this contract will be as shown on
Table 11.3-3. Terms will be Net 30 days. A 1.5 percent per month interest charge will
be applied for any balance due over 30 days.
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Table U.3-3
Event or Deliverable Payment (percent of total contract)
Execution of this contract 80 %
Delivery of Screencheck Final EIR 15 %
Delivery of Final EIR 5 %
► This cost estimate is good for a period of 30 days from the delivery of the contract to the
City (i.e., April 6, 1995). Beyond 30 days, Chambers Group reserves the right to
reevaluate the estimated costs.
► Change orders will be issued and signed by the City and Chambers Group before starting
additional work not provided for in the original proposal. If the City's authorized
representative is not available for a signature, the additional out of Scope Work will not
commence until the change order is signed.
► If the original Scope of Work is interrupted due to no fault of Chambers Group, the
contract shall be considered complete and billing for work performed up to the time of
cancellation shall become due and payable immediately upon presentation of Chambers
Group's invoice.
► If the proposed project covers parcels of land that are not under the control of the
applicant or the City of Redlands, the project applicant shall be responsible for obtaining
permission from affected property owners allowing Chambers Group and its
subcontractors access to the properties in question to allow analysis of these areas.
► Any evaluation of impacts related to the goals, policies, maps, or statements of the
Redlands General Plan will use and rely upon the information contained in the Redlands
General Plan in effect in November 1, 1993. Any modifications to the General Plan made
after this date will not be reflected in the Hidden River Country Club Estates Specific
Plan EIR. Modifications requested for the EIR based on General Plan goals, policies,
maps, or statements adopted after November 1, 1993 will require a change in scope and
associated modification of costs.
► Cost and schedule estimates are based on our best judgment of the requirements known
at the time of the proposal and can be influenced favorably or adversely by Client needs
and other circumstances. For purposes of costing this project, Chambers Group has
assumed a start to finish duration of seven months from execution of this contract.
Chambers Group will endeavor to perform the services and accomplish the objectives
within the estimated costs and schedule.
► No verbal promises or changes to any part of this proposal will be honored by Chambers
Group unless documented in writing and signed with an authorized signature from
Chambers Group.
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► In the event that Chambers Group's employees are requested or subpoenaed by the
Client to give expert or witness testimony or otherwise participate in a judicial or
administrative proceeding involving the Client and the EIR at any time, such services
are not included as part of Chambers Group's Scope of Work or cost estimate hereunder.
► Chambers Group shall not be held responsible for work delays or cancellations caused
by strikes, accidents, acts of God, or delays beyond the control of Chambers Group.
11.4 OTBER PROVISIONS
This proposal was prepared by Chambers Group solely for your internal use in evaluating
Chambers Group's business proposal and deciding whether or not to contract with Chambers
Group to perform the services described in this proposal. Chambers Group considers the
pricing and other business information the property of Chambers Group. This proposal and
the information contained herein shall not be used for any purpose other than as specifically
stated above and shall not be disclosed to any other party without Chambers Group's written
consent.
It is agreed that Chambers Group may, for the client's convenience, and upon client's verbal
authorization, commence performance of the services before execution of a written contract.
In such event, it is agreed that Chambers Group's Standard Terms and Conditions shall
apply with respect to the services until the parties execute another contract covering such
services. Chambers Group will confirm client's verbal authorization in writing for
commencement of services within 24 hours of such verbal authorization. Unless client
instructs Chambers Group in writing not to proceed within 24 hours of receipt of Chambers
Group's written confirmation, parties shall be deemed to have agreed to the commencement
of services in accordance with Chambers Group's confirmation notice.
If the client elects to use a purchase order or other document to commence the services or for
billing or accounting purposes, Chambers Group will refer to such document by number in
its correspondence, invoices, and work products; however, Chambers Group's Terms and
Conditions (see contract) will prevail over any such document, and only Chambers Group's
Terms and Conditions shall apply with respect to the services, superseded by a definitively
written contract when executed by the parties.
A-8
Chambers Group, Inc. Exhibit B -Commercial Terms
Effective Mayl,_ 1994
SCOPE OF SERVICES. Chambers Group, Inc. (Chambers Group)will perform the services in its proposal
as set forth in the Scope of Work (Exhibit A) ("Services") in accordance with the following Commercial
Terms. These services shall be performed on a lump-sum basis.
RETAINER Chambers Group may require advance deposit of funds on specific projects based upon
project cost estimates. In those instances, Chambers Group and the Client will mutually provide terms
for the deposit of advance payments and provisions for crediting such advances against invoices for
Services completed.
INVOICING AND PAYMENT. Invoices will be issued monthly and will indicate the percentage
completion of the Scope of Work reflected in the invoice. Payments are due at the address appearing on
the invoice within thirty (30) days of invoice date. Invoices not paid within thirty (30) days are subject
to interest from the thirty-first (31st) day at the rate of one and one-half percent (11/2%) per month
(eighteen percent [18%] per annum). In addition, Chambers Group may, after giving seven (7) days
written notice to Client, suspend Services without liability until the Client has paid in fall all amounts
due Chambers Group on account of Services rendered and expenses incurred including interest on past
due invoices or terminate Services without liability. If there is a disputed amount on an invoice, Client
agrees to pay all undisputed amounts in the thirty (30) day period. In the event that Chambers Group
places Client's account in the hands of an attorney for collection, Client agrees to pay Chambers Group
all fees and expenses, including attorneys' fees and expert fees, necessitated thereby.
ESTIMATE OF SCHEDULES. Chambers Group's estimates of schedule are for Client's planning
assistance only. Schedule estimates are based on our best judgment of the requirements known at the
time of the proposal and can be influenced favorably or adversely by Client needs and other circumstances.
Chambers Group will endeavor to perform the Services and accomplish the objectives within the estimated
schedule.
AGREEMENT. The Commercial Terms and the attached General Conditions (Chambers Group Form
GENCONDLGEN) govern the performance of the services and rights and obligations of the parties.
COMMTERINIUM11 Page 1 of I
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AMENDMENT NO. 2 TO AGREEMENT
This Amendment No. 2 to Agreement is made and entered into this 4th day of April, 1995,
by and between Blankenship Land Company, Inc., a California corporation ("Company") and the City
of Redlands,a municipal corporation ("City").
RECITALS
WHEREAS,on May 18, 1993,City and Company entered into an agreement( "Agreement")
to set forth the terms and conditions for Company's payment to City for all costs incurred by City for
environmental review of Company's project commonly known as the Hidden River Country Club
Estates Project; and
WHEREAS,City and Company have determined that additional environmental work should
be performed over and above that described in the Agreement; and
WHEREAS, it is the desire of Company and City to amend the Agreement to increase the
payment by Company to City for such additional work in the amount described herein below;
NOW,THEREFORE, in consideration of the mutual promises contained herein, and for such
other good and valuable consideration, the receipt of which is hereby acknowledged, Blankenship
Land Company,Inc. and the City of Redlands agree as follows:
AGREEMENT
Section 1. The Agreement between Blankenship Land Company, Inc. and the City of
Redlands dated May 18, 1993, as amended by "Amendment No. l," is hereby further amended as
follows:
.Section 1. Payment of City Costs. Company shall reimburse City for all costs incurred by
City in connection with the preparation of an EIR and associated environmental documents for the
project. Company's initial reimbursement to the City shall be for the sum of one hundred nine
thousand eight hundred seventy-nine dollars and sixty cents ($109,879.60)for the work described
in the contract between City and CGI, a copy of which is attached hereto as Exhibit "A" and
incorporated herein by this reference. Such sum includes an amount equal to twenty percent(20%)
of the total costs incurred by City in connection with preparation of the EIR and associated
documents for the project to offset the City's costs in reviewing and IR.
administering the E Payment
g
of the initial reimbursement and City's associated administrative costs shall be made in accordance
with the following schedule:
(a) Seventy percent (701 ) upon City's execution of the contract described in Exhibit
"A" with CGI; and
(b) Thirty percent(30) upon delivery of a screen check draft EIR to City by CGU'
Df.M485LE
Section 2. 71be document attached to the May 18, 1993 Agreement as Exhibit "A" shall be
deleted and replaced by the attached contract which shall be designated as "Exhibit A" to the May
18, 1993 contract.
Blares
hip Land Company,Inc. Attest:
1A A!
szI
/President Se6retary,
Blankenship Land Company,Inc. Blankenship Land Company, Ind�
City of Redlands Attest:
-swe'n Larson,Mayor Lorri oyzer,6wklerk
DAN1485LE