HomeMy WebLinkAboutContracts & Agreements_72B-2025EA-7.2 (12.8.21)
AGREEMENT FOR THE PROVISION OF PROFESSIONAL
ENVIRONMENTAL CONSULTING SERVICES FOR A PRIVATE PROJECT
This agreement for the provision of professional environmental consulting services
("Agreement") is made and entered into this 15"' day of May, 2025 ( "Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and Chambers Group, Inc., a
California corporation ("Consultant"), who are sometimes individually referred to herein as a
"Party" and, together, as the "Parties." In consideration of the mutual promises contained herein,
City and Consultant agree as follows:
ARTICLE 1— ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide professional environmental consulting services
for City (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A,"
titled "Scope of Services," including a project schedule, which is attached hereto and
incorporated herein by reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the
performance of this Agreement including, but not limited to, State prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall snake available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Brian Desatnik, City's Development Services Director, and his designees,
as City's representatives with respect to performance of the Services, and such person shall
have the authority to transmit instructions, receive information, interpret and define City's
policies and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in accordance with the project
schedule. The Services shall commence on the Effective'Date of this Agreement and be
completed on or before June 30, 2025.
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4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with City
Council adopted policy for the same. It shall be the obligation of Consultant to obtain a
copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount One Hundred Twelve Thousand Seven Hundred Three Dollars ($112,703.00). City
shall pay Consultant on a time and materials basis, up to the not to exceed amount, in
accordance with Exhibit `B," titled "Project Costs and Hourly Rates," which is attached
hereto and incorporated herein by this reference.
5.2 Consultant shall submit an invoice to City describing the Services performed, the dates the
Services were performed, and the number of hours spent and by whom, upon completion
of the Services. City shall pay Consultant no later than thirty (30) days after receipt and
approval by City of Consultant's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class certified, registered or
express mail, with return receipt requested; (iii) on the actual delivery date if deposited
with an overnight courier; or (iv) on the date sent by facsimile or electronic mail
transmission (including PDF), if confirmed with a copy sent contemporaneously by first
class, certified, registered or express mail; in each case properly posted and fully prepaid
to the appropriate address set forth below, or such other address as a Party may provide
notice in accordance with this section:
City:
Brian Desatnik, Director
Development Service Department
35 Cajon Street, Ste. 20
P.O. Box 3005 (mailing)
Redlands, CA 92373
bdesatnik@cityofredlands.org
(909) 798-7555
Consultant:
Mike McEntee, President/CEO
Chambers Group, Inc
3151 Airway Ave.
Suite F208
Costa Mesa, CA 92626
mmcentee@chambersgroupine.com
(949)261-5414
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not perform
any Services unless and until the required insurance listed below is obtained by Consultant.
Consultant shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services. Insurance policies shall include a
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provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self -insured or exempt from the workers' compensation laws of
the State of California. Consultant shall execute and provide City with Exhibit "C"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
injury is required. City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability. This coverage shall include all Consultant owned vehicles used in
connection with Consultant's provision of the Services, hired and non -owned vehicles,
and employee non -ownership vehicles. City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
D. Consultant is expressly prohibited from assigning or subcontracting any of the Services
without the prior written consent of City. In the event of mutual agreement by the
Parties to assign or subcontract a portion of the Services, Consultant shall add such
assignee or subcontractor as an additional insured to the insurance policies required
hereby and provide City with the insurance endorsements prior to any Services being
performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers,
employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Consultant's Services. Consultant further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
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7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
malting a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code
section 87302.
7.3 In the event City detennines that Consultant must disclose its financial interests, Consultant
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Cleric.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth. Consultant shall supply all necessary tools and instrumentalities required to perform
the Services. Assigned personnel employed by Consultant are for its account only, and in
no event shall Consultant or personnel retained by it be deemed to have been employed by
City or engaged by City for the account of, or on behalf of City. Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
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agent, nor shall Consultant have any authority, express or implied, to bind City to any
obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Consultant atthe time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Consultant. Upon receipt of a
termination notice, Consultant shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, design calculations, drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by
Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis
for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant
pursuant to this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain raider this
Agreement.
[Signatures on Next Page]
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IN WITNESS WHEREOF, duly authorized representatives of ity and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS C
By: By:
Charles M. Duggan, Jr., t i M ager
ATTEST:
J a ie Donaldson, City Clerk
UP, INC.
Mike Me`Elitee. President/CEO
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EXHIBIT "A"
SCOPE OF SERVICES
[SEE ATTACHED]
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Annexation No. 96 Project AMBERS
City of Redlands GROUP
March 25, 2025
Revision #5
Brian Foote, City Planner/Planning Manager
City of Redlands
35 Cajon Street, Suite 20
Redlands, CA 92371
RE: General Plan Amendment No.148, Zone Change No. 476, Annexation No. 96
Dear Brian Foote,
Chambers Group is pleased to receive the request from the City of Redlands (City) to deliver this scope to provide
California Environmental Quality Act (CEQA) documentation for the General Plan Amendment (GPA) No. 148, Zone
Change No. 476, Annexation No. 96 Project (Proposed Project). The Proposed Project intends to annex the following
parcels (Assessor's Parcel Number [APN]s: 0297-121-03, -04, -05, -09, -12 and -13 [Project site]) into the City for the
purpose of connection to the City's water, sewer, and other utilities. Currently, the subject properties are outside the
City of Redlands' boundary but are within the City's Sphere of Influence. Land uses of the parcels will be designated as
'Light Industrial' and be pre -zoned as 'Light Industrial M-1'to be consistent with the General Plan.
The Request for Proposal (RFP) requests the preparation of an Initial Study (IS), with the assumption that an
Environmental Impact Report (EIR) is the appropriate document for CEQA compliance. The anticipation of an EIR is
based on the Project's zoning of industrial uses nearby residential areas, and changes of agricultural properties to non-
agricultural uses. Given thatthe Proposed Project site would be redesignated to permitfuture development compatible
with industrial uses, and with the potential public concerns of the Project, we have included peer reviews and
preparation of technical studies (see below) to analyze the existing conditions and potential impacts of redesignating
and developing the Proposed Project site:
• Biological Resources
• Cultural Resources
• Land Evaluation and Site Assessment (LESA)
• Transportation / Vehicle Miles Traveled (VMT) (Peer Review)
• Air Quality / Energy / Greenhouse Gas (GHG) / Health Risk Assessment (HRA) / Noise (Peer Review)
Scope of Work
Chambers Group has prepared a scope of work and cost estimate to prepare the CEQA documentation according to all
applicable state and local requirements that will be applied to the Proposed Project. The appropriate CEQA
documentation forthe Proposed Project will be determined through the preparation of an IS Checklist. Chambers Group
will:
• Assist with determining the level of documentation required (e.g., IS) based on the scope noted above.
• Prepare all CEQA documentation according to all applicable state and local requirements, concurrent with
construction approval of the Project.
• Conduct data gathering and coordination with public agencies, as needed.
• Provide technical studies, as needed.
• Assist with coordination and collaboration with City staff, various consultants, and any State/local agencies, as
required.
• Attend various City meetings.
Chambers Group can commence work on this Project as soon as we receive a written Notice to Proceed (NTP). We will
accomplish the scope of work as described in the following pages.
Est CGI Proposal #64178 --
`PiO 1979 www.chambersgroupinc.corn
Annexation No. 96 Project
City of Redlands
Task I: Project Initiation
j
MrW
GROUP
Task 1. I: Initial Meeting and Data Acquisition
After receiving NTP, we will be prepared to meet with representatives of the City at a Project Initiation/Kick-Off Meeting
(in -person or via teleconference) to discuss project goals, project description, specific project issues, upcoming
construction schedules, and CEQA schedule; as well as receive any pertinent Proposed Project information reports. A
Chambers Group staff member will also survey the Proposed Project site and the immediate surrounding areas to make
a photographic record to document the existing conditions.
Chambers Group will review all available Proposed Project -related data and reports provided by the City. Following the
review of existing data, any gaps in the data and recommendations for correcting the gaps would be discussed with the
City. Chambers Group will work closely with the City to determine what additional data must be collected in support of
the CEQA document being prepared. It is assumed that Chambers Group can use these documents in the analysis of
the Proposed Project.
Task 1.2: Project Description
Chambers Group will develop a comprehensive description of the Proposed Project that will form the basis for the
analysis of the potential impacts on the environment, based on the information provided by the City. The project
description will include a narrative and graphical presentation of the Project, including components, location and
boundaries, regional and vicinity maps, and a statement of the project goals and objectives.
Deliverables: One electronic Portable Document Format (PDF) and a Word copy of the Proposed Project Description
for one round of City review.
Tasl(2: IS/NOP
Task 2.1: Administrative Draft IS
Chambers Group will prepare an IS Checklist to be included for the scoping period of the Proposed Project. The IS will
be prepared using the most recent revision of the IS Environmental Checklist Form suggested in the CEQA Guidelines
Appendix G. In compliance with CEQA Section 15063, the IS will contain the following, in brief form:
• A description of the project, including the location of the project;
• An identification of the environmental setting;
• A preliminary identification of environmental effects by use of a checklist, matrix, or other method, with some
evidence to support the entries; and
• A preliminary discussion of the ways to mitigate the significant effects identified; if any.
The environmental factors outlined in the CEQA checklist include:
• Aesthetics
• Agricultural and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• GHGs • Population and Housing
• Hazards and Hazardous Materials • Public Services
• Hydrology and Water Quality • Recreation
• Land Use and Planning • Transportation
• Mandatory Findings of Significance • Tribal Cultural Resources (TCRs)
• Mineral Resources
• Noise
• Utilities and Service Systems
• Wildfire
Deliverables: One electronic PDF copy of the Administrative IS for up to two rounds of City review.
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Annexation No. 96 Project
City of Redlands
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Task 2.2: Final Draft IS
After receipt of one set of integrated comments on the Draft IS from the City, Chambers Group will revise the IS
accordingly. In addition to the IS, Chambers Group will provide a recommendation for the appropriate level of CEQA
documentation. This recommendation is anticipated to be an EIR.
Task 2.3: Prepare Notice of Preparation and Administrative Draft EIR
NOP: The Chambers Group will prepare the Notice of Preparation (NOP) forthe Proposed Project. The NOP will contain
a description of the Project, a map showing the location of the Project, and a summary of the probable environmental
impacts from the completed IS checklist. Upon receipt of comments on the NOP, Chambers Group will prepare a Final
NOP and include the Final IS for public review.
Chambers Group will electronically file the NOP and IS with the Office of Planning and Research (OPR). Chambers Group
will (electronically or by mail) file the NOP at the County Clerk. The NOP will be circulated for a 30-day public review
period. The comments that are received on the NOP will be used to further refine the Project description and/or scope
of the EIR, if needed. The NOP and comments received will be included in the EIR as an appendix. The NOP document
will be no more than six pages.
Conduct Environmental Impact Analysis. The document will contain a section for each environmental issue area.
Depending on the complexity of the Project, an analysis of all environmental issues may be warranted. However, the
EIR may be focused on just a few issues based on the preparation of an IS. Discussion of each issue will begin with a
description of the environmental setting. Impact evaluations for each environmental issue area will contain the
following elements: (1) a statement identifying the impact and its significance; (2) a discussion of the impact and
methodology used to evaluate the Proposed Project; (3) cumulative impacts evaluation; (4) applicable City policies and
requirements; (5) recommended measures to mitigate the impact; and (6) a statement identifying the level of
significance after measures are implemented.
Assess Cumulative Impacts. In concert with City staff, Chambers Group will develop a list of ongoing or future projects
in the area within a reasonable radius around the proposed Project site to develop the cumulative impact analysis. The
proposed Project's contribution to the overall cumulative impact will also be evaluated and discussed.
Analyze Alternatives. Chambers Group, in concert with the City, will develop a range of reasonable alternatives to be
evaluated in the EIR. Alternatives will be assessed for their ability to reduce or eliminate significant impacts of the
Project, while resolving public, as well as agency concerns. As required by CEQA, the No Project Alternative will also be
examined.
Prepare Other Required Sections. In addition to the sections discussed above, Chambers Group will prepare all other
required CEQA sections, including table of contents; an executive summary; impacts of the Project found not to be
significant; growth -inducing impacts of the Project; any significant irreversible environmental changes that will be
involved with continued operation of the Project; and a list of organizations and persons consulted. Chambers Group
will also provide a Draft Mitigation Monitoring and Reporting Plan (MMRP) at the time of submittal of the screencheck
Draft EIR.
Deliverables: One electronic copy of the draft NOP for one round of review. One electronic PDF copy of the final NOP
and IS to be submitted to City staff for distribution, and for electronic submittal. Up to five NOPs sent via certified mail
to agencies and interested parties provided by the City. Up to 45 NOPs will be sent to adjacent property owners via
regular mail. This includes up to one scoping meeting.
Task 3: Technical Studies
Based on the proposed work, the technical studies below are suggested to supplement the analysis in the appropriate
CEQA document.
Task 3.1: Air Quality, Energy, GI-IG, Health Risk Assessment and Noise Report Peer Review
Peer review services will be provided for the prepared Air Quality, Energy, GHG Emissions, Health Risk Assessment
(HRA) and Noise Impact analysis provided by the Project Applicant. The services are detailed below:
{�P�r 3
Est CGI Proposal 464178
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Annexation No. 96 Project
City of Redlands
Air Quality/Energy, and GHG Peer Review
All, 0 �
1� •
• Review the report and verify that the appropriate computer models, standards and thresholds were utilized in
the analysis and identify any apparent fatal flaws or significant omissions or errors in the analysis.
• Prepare a set of comprehensive comments in a letter format to submit to the City.
• Provide a second review of the report in order to verify if all of the comments were adequately addressed.
• Prepare a final set of comprehensive comments in a letter format to submit to the City.
HRA Peer Review
• Review the HRA Report and verify that the appropriate computing models, standards and thresholds were
utilized in the analysis and identify any apparent fatal flaws or significant omissions or errors in the analysis.
• Prepare a set of comprehensive comments in a letter format to submit to the City.
• Provide a second review of the HRA Report in orderto verify if all of the comments were adequately addressed.
• Prepare a final set of comprehensive comments in a letter format to submit to the City.
Noise Report Peer Review
• Review the Noise Report and verify that the appropriate computer models, standards and thresholds were
utilized in the analysis and identify any apparent fatal flaws or significant omissions or errors in the analysis.
• Prepare a set of comprehensive comments in a letter format to submit to the City.
• Provide a second review of the Noise Report in order to verify if all of the comments were adequately
addressed.
Y Prepare a final set of comprehensive comments in a letter format to submit to the City.
Task 3.2: Biological, Assessment and Memo Report
Chambers Group has conducted thousands of biological assessments throughout San Bernardino County and southern
California. From water pipelines, and watershed analysis, to large-scale solar projects, our team understands the
importance of baseline data to support development while minimizing impacts to sensitive resources and reducing
costly mitigation. Our team will analyze the site, determine high -risk areas for development (if any), and provide
avoidance and minimization measures to allow the Proposed Project to move forward.
Chambers Group will conduct a preliminary biological study to determine if there are any records of listed and/or
sensitive plant and wildlife species and communities occurring on or in the immediate vicinity of the Proposed Project
site (an approximately 49.5-acre area associated with APNs: 0297-121-03, -04, -05, -09, -12 and -13).
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IPPAN 1979
CGI Proposal#64178
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Annexation No.96 Project CHAMBERS
City of Redlands GROUP
This task will include a review of the California Natural Diversity Database (CNDDB) and the California Native Plant
Society's Electronic Inventory (CNPSEI), the United States Fish and Wildlife Service (USFWS), National Wetlands
Inventory (NWI) maps and blue -line drainages, and United States Departmentof Agriculture (USDA) Natural Resources
Conservation Service soil survey maps. A survey area map will be created to identify the area to be analyzed in the
report.
After conducting the literature search, biologists will conduct a habitat assessment survey of the Proposed Project site.
Chambers Group biologists will document the presence of common and sensitive biological resources, both flora and
fauna, within the Proposed Project boundaries. Vegetation communities will be mapped, and photographs will be taken
to document the current conditions of the survey area.
Based on the aerial imagery of the property, no water features appear to occur within the site. However, the site will
be evaluated for potential jurisdictional waters and/or wetlands to be found on site. Although not anticipated, the
survey will determine the potential presence of federal- and state -listed or otherwise sensitive plant and wildlife species
known to occur in the area including California satintail (Imperata brevifolia), northwestern San Diego pocket mouse
(Chaetodipus fallax follax), San Bernardino kangaroo rat (Dipodomys merriami parvus), and southern California legless
lizard (Anniella stebbinsi). If any sensitive species or suitable habitat are present, the biologists will determine the
appropriate avoidance and minimization measures.
After completing the biological survey, Chambers Group will prepare a biological letter report for the Proposed Project.
The report will include an introduction, methods used to conduct the survey, results of the survey documenting the
existing biological resources, including any waters or wetlands onsite, and a discussion of sensitive plant and wildlife
species with the potential to occur on -site. The report will include current photographs and maps documenting existing
conditions and the locations of any sensitive or listed species occurring, or potentially occurring on -site. The report will
include a discussion on jurisdictional waters, if present. Avoidance and minimization measures to protect sensitive
resources will be included in the report. The report will include up to 15 pages of text and five graphics, photographs
of the site, and appendices. One electronic copy of the draft memo report will be provided for review within 3 weeks
of completion of the survey. Chambers Group will incorporate one round of comments into the final report within 1
week of receiving comments on the draft report. Electronic copies of the final report will be submitted.
Assumptions:
• This scope of work does not include protocol -level surveys for listed or otherwise sensitive species. If required,
Chambers Group will be pleased to provide these services under a separate cost and scope of work.
• This scope of work does not include a formal jurisdictional delineation or permit applications; however, the site will
be evaluated forthe potential of jurisdictional waters and/or wetlands to be found on -site. The report will include
jurisdictional areas mapped by the respective agencies to help with design layouts. We assume no impacts to
jurisdictional waters orwetland habitats are proposed for this Proposed Project. If a formal delineation is required,
Chambers Group will be pleased to provide these services under a separate cost and scope of work.
Task 3.3: Cultural Resources
Task 3.3.1: Records Search Requests/Literature Review
Chambers Group will conduct an extensive literature review, including a review of the findings of a records search
through the California Historical Resources Information System (CHRIS) database at the appropriate Information Center
(IC). The records search will be conducted by IC staff and review relevant previously recorded cultural resources and
previous investigations completed for the half -mile search radius surrounding the Proposed Project site. Information
to be reviewed will include location maps for all previously recorded cultural resources, previously conducted
investigation boundaries, National Archaeological Database (NADB) citations and copies for associated reports, historic
maps, and historic addresses. Chambers Group will also review properties listed on/as the California Points of Historical
Interest (CPHI), California Historical Landmarks (CHL), California Department of Transportation (Caltrans) Historic
Highway Bridge Inventory, California Historical Resources Inventory, local city and county registries of historic
properties, the California Register of Historic Resources (CRHR), and the National Register of Historic Places (NRHP).
Additional sources of information that may be reviewed include but are not limited to Certified Local Government
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Annexation No. 96 Project
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annual reports and other data, Historic American Buildings Survey/Historic American Engineering Record (NABS/HAER)
records, the National Register Information System, the online database for National Register sites, Calisphere Digital
Resources, Online Archive of California, General Land Office Plat Maps, Sanborn Fire Insurance Maps, local historical
societies and libraries, as well as inventory files and data on -file with other agencies that control property near the area.
The task will also include a search for potential prehistoric and/or historic burials (human remains) evident in previous
site records and/or historical maps (i.e., Sanborn Fire Insurance Maps, General Land Office Plat Maps). A paleontological
records search will also be completed for the half -mile search radius surrounding the Proposed Project site by the
relevant Natural History Museum.
In addition to the above research, a request that the Native American Heritage Commission (NAHC) will be submitted
for a review of their Sacred Land Files (SLF). This search is intended to identify if any resources important to local Native
American groups have been recorded within the Proposed Project site and surrounding vicinity. The NAHC will provide
the results of the SLF search and a list of affiliated tribal representatives to contact for additional information. Chambers
Group will provide the results of the NAHC SLF search and list of tribes directly to the City upon receipt and they will
also be captured in the associated cultural resources report.
Task 3.3.2: Field Survey
Chambers Group will complete a field survey of the Proposed Project site. The cultural resources survey will be
conducted in accordance with the professional standards as described by the National Parks Service, Secretary of
Interior's Standards and Guidelines, as amended, for Archaeology and Historic Preservation. Chambers Group cultural
resources specialist will survey the entire Proposed Project site for the presence of:
• Prehistoric artifacts (e.g., flaked stone tools), stone milling tools, tool-making debris,
• Historic artifacts (e.g., metal, glass, ceramics),
• Sediment discoloration (ex. midden, hearth features),
• Depressions and other features indicative of the former presence of structures or buildings (e.g., post holes,
foundations),
• Historic ruins, buildings, structures, and/or objects.
Based on available historical records and knowledge from previous surveys in the vicinity this cost estimate assumes
that up to two cultural resources may be identified during the survey and require in -field, and post -field documentation.
Should additional, large, or complex cultural resources be identified, a revised scope of work and cost will be necessary.
Task 3.3.3: Cultural Resources Report
The Cultural Resources Report will be prepared according to Archaeological Resource Management Report (ARMR)
Guidelines and California State Historic Preservation Office (SHPO) Guidelines, detail the methods used, and describe
the results of the records search and literature review, survey, and any related recommendations. The report is
assumed to contain up to 30 pages of text, graphics, and appendices. It is assumed that cultural resources will be
identified during the field survey. These resources will be discussed in the report and documented on Department of
Parks and Recreation (DPR) 523-seriesforms and included as a confidential appendix. If cultural resources are identified,
Chambers Group will provide recommendations for inclusion on the CRHR and recommend appropriate mitigation
measures, as necessary. The report will also discuss the results of the requested paleontological records search of the
Proposed Project site, and any related observations from the field survey. These results will be cross-referenced with
the publicly available geologic mapping of the region to convey a general understanding of the potential to encounter
sensitive geologic units, that may be fossil bearing, underlying the Proposed Project site and appropriate next steps to
address, if necessary. The results of the NAHC SLF records search will also be detailed in the report.
tee
'R Est
91N 1979
CGI Proposal #64178
www.chambersgroupinc.com
Annexation No. 96 Project
City of Redlands
Assumptions:
M � l
• This scope does not include cultural resources testing, data recovery, analysis, monitoring, or similar programs.
• This scope assumes that the survey will be scheduled and conducted within 2 weeks after receipt of requested
records search data.
• This proposal does not include costs associated with the required presence of a Native American Monitor during
survey. Should a Native American Monitor be required during survey of the Proposed Project, it is assumed that
the City will address any associated costs, or a revised scope of work and cost may be necessary.
• This scope assumes that up to two cultural resources may be encountered during the field survey. Should any
cultural resource be identified, this finding will need to be discussed in the report and State DPR forms
(archaeological site records) will need to be prepared and included as a confidential appendix. If additional, large,
or complex cultural resources are identified, and pending approval to record such items, a revised scope of work
and cost will be necessary.
• All required records searches will be submitted within 1 week of receipt of NTP.
• Fees incurred by the IC and Museum to conduct the record searches are included as part of this task. We will bill
the actual amount these institutions charge without a markup.
• In most cases, the IC estimates 6 to 8 weeks from the date of request to provide results for a records search.
Turnaround times may vary depending on capacity.
® Fees incurred by the relevant Natural History Museum to conduct the paleontological record search are included
as part of this estimated cost. Currently, the Museum estimates 2 to 3 weeks from the date of request to provide
results for a records search. Currently, the NAHC estimates 6 to 8 weeks from the date of request to provide results
for the SLF request.
• The City will be leading the required Assembly Bill (AB) 52 and Senate Bill (SB) 18 Tribal Consultations, including the
issuance of Request to Consult Letters under AB 52 and SB 18 to City -listed points of contact to offer receiving tribal
groups an opportunity to request consultation. Chambers Group is happy to support AB 52 or SB 18 consultation.
If requested to support, a revised scope of work and cost will be necessary. Desktop research alone does not satisfy
the lead agency's requirements under AB 52 or SB 18. It is assumed that the City will be the lead under CECA and
will conduct AB 52 and SB 18 Tribal Consultations.
• This scope does not currently include the issuance of NAHC Scoping Notification Letters to NAHC-listed points of
contact to request information regarding the Proposed Project site. These informal evidence -gathering letters are
not a substitute for government -to -government consultation by the permitting agency. If the SLF search returns
positive results and/or the City requests that these notification letters be transmitted, a revised scope of work and
cost will be necessary.
Task 3.4 Land Evaluation & Site Assessment
Chambers Group will prepare a Land Evaluation & Site Assessment (LESA) for the Proposed Project to evaluate the
agricultural value of the Project site. The analysis would be based on the California LESA model manual. The components
would include land evaluation of the soil quality, evaluation of the site's designation accordingto the Farmland Mapping
and Monitoring Program (FMMP), evaluation of the Project site's size and land use, review of water resources available,
and analysis of the City's land use policies.
Deliverables: One electronic draft copy of the report for one round of review. Results to be incorporated into the
environmental document.
Task 3.5 Transportation Peer Review
General Technologies and Solutions, LLC (GTS) will undertake the review of traffic impact studies conducted by the
Applicant, ensuring technical adequacy to support the analysis, findings, and conclusions of the Traffic/Transportation
section of environmental documents. This involves:
• Reviewing the project description for consistency with the analyzed scope.
• Evaluating the traffic impact study (TIS) methodology for adherence to City and industry standards.
kWl 7
Est CGI Proposal #i64178
/diva 1979 www.chambersgroupinc.com
Annexation No. 96 Project
City of Redlands
• Discussing review findings with City staff and providing a written summary.
• Reviewing Applicant/City responses to ensure comments are addressed adequately.
Our reviews are conducted promptly and comprehensively. Once the TIS is deemed complete and adequate, the City
can incorporate our findings and recommendations into relevant documents, ensuring identified traffic impacts are
addressed effectively. This task assumes a review of the VMT and Level of Service (LOS) analysis.
Task 4: EIR
As discussed with the City, it is anticipated that the Proposed Project would require the preparation of an EIR. This will
be confirmed based on the results of the analysis within the IS, including the technical studies, Chambers Group will
prepare an EIR CEQA document for the Proposed Project.
Task 4.2: Public Review Draft EIR and Notices
Draft EIR Preparation and Distribution. Upon Chambers Group's receipt of City's review comments, the Administrative
Draft EIR will be modified and the Draft EIR prepared. Chambers Group will prepare and distribute copies of the Draft
EIR to the City, the OPR, and affected public agencies. The Draft EIR will be circulated for a 45-day public review period.
Prepare/Distribute Notice of Completion/Notice of Availability. As soon as the Draft EIR is completed, a Notice of
Completion (NOC) must be filed with the OPR and a Notice of Availability (NOA) must be filed with the County Clerk,
and must be provided to the public, either in a newspaper of general circulation or through direct mail. Chambers Group
will provide the Draft NOC/NOA to the City for their review and approval.
Chambers Group will distribute copies to the appropriate responsible and trustee agencies, interested parties, and to
the mailing list provided by the City and will file the NOC with the OPR and the NOA with the County Clerk. Up to 50
copies of the NOC/NOA will be sent to the mailing list via regular mail, or electronically uploaded if available. The
NOC/NOA will be circulated for a 45-day public review period.
For submittal to the OPR, Chambers Group will submit the NOC/NOA, NOC Form, Summary Form, and the Public Review
Draft EIR with associated appendices to be submitted electronically on behalf of the City. The City must approve
Chambers Group as a submitter for the City on the OPR CEQANet Web portal.
To comply with the CEQA guidelines, lead agency shall distribute the NOC/NOA through at least one of the following
methods:
• Publication at least once in a newspaper of general circulation in the area affected by the proposed Project.
• Posting of the notice on and off -site in the area where the Proposed Project is located.
• Direct mailing to the owners and occupants of property contiguous to the Proposed Project.
Chambers Group assumes that the City will coordinate and publish notices to public newspapers, websites, and at the
Proposed Project site.
Deliverables: One electronic portable document format (PDF-) copy of the Public Review Draft FIR with appendices. Up
to 50 mailings to adjacent property owners via regular mail, and up to five mailings to agencies and interested parties
via certified mail forthe NOA/NOC. State Clearinghouse submittal will be done electronically.
Task 4.3: Final EIR
After the 45-day circulation period on the Draft EIR, Chambers Group will evaluate the written comments received and
will be available for a conference call with the City to discuss the approach for preparing response to comments. After
an approach is decided upon, Chambers Group will prepare a set of responses to comments.
Response to Comments. The Final EIR will include each comment letter received, which will be followed by a response
to each comment. Responses to comments received by the City will be prepared. Chambers Group will provide City
staff with a complete draft copy of the Response to Comments for review and will modify the Response to Comments
to address City comments. The Response to Comments will be contained within the Final EIR.
klb 8
Est CGI Proposal #64178
-/ANN 1979 www.cliambersgroupine.com
Annexation No. 96 Project CHAMBERS
City of Redlands
CROUP
It is assumed that no more than 40 comment letters, with an average of three unique comments each (120 comments
total), would be received and addressed. If more comments are received, additional costs would be required to address
them.
MMRP. Chambers Group will prepare a MMRP as required by CECA. Chambers Group will work with the technical staff
and the City to develop the MMRP. Chambers Group will provide a Draft MMRP at the time of submittal of the
Administrative Final EIR. The MMRP will be incorporated into the Final EIR.
Administrative Final EIR. After City review and comment on the Response to Comments, the responses will be finalized
for inclusion in the Final EIR. Based on comments from the public review and input from the City, some changes to the
wording of the Draft EIR may be needed. Any required changes will be handled by including amended text using
strikeout and underline and/or graphics within the Final EIR. It is assumed that no new fieldwork or substantially new
analyses or technical studies will be required.
Findings of Fact and Statement of Overriding Considerations, if necessary. Chambers Group shall prepare Findings of
Fact (F-oF) and if warranted, a Statement of Overriding Considerations.
Prepare Final EIR. Upon Chambers Group's receipt of a combined set of the City's review comments, the Administrative
Final EIR will be modified and the Final EIR prepared.
Notice of Determination. The Notice of Determination (NOD) is filed following the City's decision to carry out or
approve the Project for which the EIR has been prepared. Chambers Group (or the City) will prepare the NOD and will
file the NOD with the OPR and the County Clerk within 5 days of Project approval. The City will be responsible for Fish
and Game filing fees.
Deliverables: One electronic PDF copy of the Administrative Draft and Final EIR including Response to Comments and
the MMRP. Up to 20 hard copies of the NOD will be sent via regular mail to designated recipients.
Task S: Project Management/Meetings/Public Hearings
Project Management hours have been incorporated in the tasks listed previously. Project Management tasks cover
communication and coordination with the City, coordination with staff for completion of studies and submittal, and
Project progress and budget monitoring. Chambers Group's Project Manager and key technical personnel will attend
two virtual progress meetings with the City. This task assumes one City Planning Commission and City Council meeting
at the City, for no more than 3 hours per meeting. This task does not assume attendance at community meetings. It is
assumed that internal staff meetings and progress meetings will take no more than 1 hour. Chambers Group will attend
any other additional meetings requested by the City on a time and materials basis. We assume any coordination with
the Local Agency Formation Commissions will be conducted by the City.
Costs and Schedule
This work is proposed at a firm fixed cost. These costs are estimates based on our best judgment of the work required
to complete the Project. Chambers Group will not exceed the Proposed Project limit for the scope defined for the
Proposed Project as a whole; however, tasks cannot be individually limited due to the nature of general estimation
inaccuracies. Chambers Group will manage the Proposed Project cost to total project dollars and not the task level.
The estimated schedule will vary based on City and agency coordination, inclement weather, completion of technical
studies, turnaround time of the information centers, and receipt of all necessary documentation to begin the Proposed
Project. This cost and schedule do not include AB 52 Consultation timing. Some tasks may be prepared concurrently
with other tasks.
A .Est
%~iIVk 1979
CGI Proposal #64178
www.chambersgroupinc.com
Annexation No. 96 Project
City of Redlands
Task 1: Project Initiation and Project Description
$5,752.00
2 Weeks
Task 2: IS/NGP
$35,958.00
12 Weeks including 30-day
scoping period
Task 3.1: Air Quality, Energy, GHG, HRA, Noise Peer Review
$5,000.00
4 Weeks
Task 3.2: Biological Resources
$7,920.00
4 Weeks
Task 3.3.1: Cultural Records Search Requests/Literature Review
$2,500.00
10-12 Weeks
Task 3.3.2: Cultural Field Survey
$5,219,00
Task 3.3.3: Cultural Resources Report
$6,214.00
Tasl<3.4: LESA
$7,785.00
4 Weeks
Task 3.5. Transportation Peer Review
$4,896.00
4 Weeks
Task 4.2: Public Review Draft EIR and Notices
$8,571.00
6 Weeks including 30-day
public review period
Task 4.3: Final EIR
$16,900.00
4 Weeks
Task 5: Project Management/Meetings/Public Hearings
$5,988.00
Throughout
Total Cost
$112,703.00
45 Weeks
Technical Assumptions
• The cost and schedule are based on our best judgment of the requirements known at the time of the proposal and
can be influenced favorably or adversely by agency coordination needs and other circumstances. Chambers Group
will endeavor to perform the services and accomplish the objectives within the costs and schedule; however, if the
scope of work or schedule changes, Chambers Group reserves the right to revise our costs accordingly.
• This scope assumes that only one round of consolidated report comments from the City will be received to be
incorporated into the final document within 2 weeks after draft review. If additional comments are received, a
revised scope of work and cost for additional review may be necessary.
• The proposal assumes that the Applicant/City will coordinate with the current landowners to grant access to all
properties within the Proposed Project area requiring survey. If access to restricted parcels is not available at the
time of the scheduled survey, subsequent surveys may be required at additional time and costs.
• The Applicant/City will provide Chambers Group with confirmation on the Proposed Project footprint at the time
of authorization or NTP. It is assumed that this information will not change once Chambers Group has initiated the
tasks above.
• The environmental document will not be circulated until AB 52 consultation has been concluded.
• This scope assumes the City will create a distribution list of agencies and interested parties to receive notification
required for the CEQA process and mail the notices to the distribution list.
• Additional printing and mailings will be provided at an additional cost.
• All submittal/noticing fees shall be paid by City
Authorization
This letter 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 above.
Chambers Group considers the above 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 and
shall not be disclosed to any other party without Chambers Group's written consent.
10
Est CGI Proposal #64178
P��l�w 1979 www.chambersgroupinc.com
Annexation No. 96 Project CHAMBERS
City of Redlands GROUP
If the City elects to use a purchase order or other document to commence the services or for billing or accounting
purposes, Chambers Group will referto such document by number in its correspondences, invoices, and work products;
however, Chambers Group's Terms and Conditions will prevail over any such document, and only Chambers Group's
Terms and Conditions shall apply with respect to the services described herein, unless superseded by a definitively
written contract when executed by the parties.
If this scope of work and cost meet with your satisfaction, please execute this letter and return it to Chambers Group
as our authorization to begin work. The schedule and cost quoted herein are valid for 30 days
Chambers Group thanks the City for the opportunity and looks forward to assisting in the Project. If you require
additional information or would like to discuss qualifications further, please do not hesitate to contact Eunice Bagwan
directly at (949) 261-5414 or ebagwan@chambersgroupinc.com.
Sincerely, Authorized By:
CHAMBERS GROUP, INC. Brian Foote
" q
Mike McEntee
President/Chief Executive Officer Signature
mmcentee@chambersgroupinc.com
(949)261-5414
3151 Airway Ave., Suite F208
Costa Mesa, CA 92626
Date
.„_ Est CGI Proposal #64178
`iiAN� 1979 www.chambersgroupinc.com
CLIENT: City of Redlands
GENERAL CONDITIONS
1.0 Services to be Performed by Chambers Group, Inc. Chambers Group, Inc. (CHAMBERS) shall perform consulting services
("Services") in accordance with its proposal or in accordance with the Scope of Work agreed upon by the Parties. Upon execution by the
Parties, each Scope of Work, together with this Agreement, shall be taken to constitute a separate contract.
1.1 Invoicing and Payment. The CLIENT will pay CHAMBERS for performance of CHAMBERS' Services, in accordance with the payment
terms set forth in the Scope of Work pertaining to such Services. CHAMBERS' fee schedules are revised annually. The fee schedule in effect
at the time the Services are performed shall apply to the Services.
CHAMBERS shall invoice CLIENT monthly for its Services, unless another invoicing schedule is set forth in the applicable Scope of Work.
Invoices are due upon presentation and are past -due thirty (30) days from the date of the invoice. Should any invoice for payment remain
outstanding for sixty (60) days or more, CLIENT agrees that CHAMBERS may suspend Services and/or demand prepayment of fees at
CHAMBERS' option.
In instances where CHAMBERS is acting in a subcontractorrelationship, the CLIENT will pay CHAMBERS within ten (10) days from receipt of
payment from its client or within sixty (60) days whichever is earlier. In the event of a dispute over payment, CLIENT shall pay all
undisputed amounts in accordance with this Agreement. CLIENT agrees to pay a service charge of one and one-half (1-1/2) percent per
month, compounded monthly from the past due date of the invoice, on past due accounts, subject to any limitations imposed by applicable
usury laws. Notwithstanding and in addition to the provisions of the paragraph entitled "Disputes" in the event that it becomes necessary
for CHAMBERS to contract for collection services to obtain payment of amounts due under this Agreement, CHAMBERS shall be entitled to
reasonable collection costs.
CLIENT's default or delay in making timely payments relieves CHAMBERS from CHAMBERS' obligations, if any, to: (1) provide payment to
any lower -tiered subcontractors and suppliers; (ii) remove liens and stop notices if they occur; and (III) indemnify the CLIENT for any
payments he or she must make to lien claimants. In the event that CLIENT is entitled to and does settle any lien claim that arises in
connection with the Project, CLIENT may recover from CHAMBERS no more than the amount actually expended by the CLIENT to settle the
claim.
CHAMBERS has and will continue to use all reasonable care to assure that assumptions used to prepare estimates of price and schedule are
realistic, but schedule and cost will necessarily change if the assumptions prove to be inaccurate as a result of unforeseen or unpredictable
events. Chambers Group does not anticipate any challenges to a document it produces. In this unlikely event, Chambers Group assumes
that it will be reimbursed by CLIENT for all costs internal and external that result. These costs are not included in the Project cost.
If at any time CHAMBERS or its officers or employees should be required or requested to prepare for or give expert or witness testimony or
otherwise participate in a judicial or administrative proceeding involving the CLIENT or concerning matters in any way related to the
Services under any Scope of Work, CLIENT agrees that such activities shall be deemed an approved change to the Scope of Work.
1.2 Performance of Services. CHAMBERS shall perform its Services in accordance with the standards of care and diligence customarily
practiced by members of the profession performing professional consulting services of a similar nature. If, during the one (1) year period
following completion or termination of Services, whichever is earlier, under the applicable Scope of Work, it is shown that there is an error
in the Services as a result of CHAMBERS' failure to perform the Services in accordance with the above standard, and CLIENT has notified
CHAMBERS in writing of the error within such one year period, CHAMBERS shall re -perform, at no cost to CLIENT, such corrective Services
within the original Scope of Work, as may be necessary to remedy such error and to conform the Services to the above stated standard.
CHAMBERS shall, for the protection of CLIENT, demand available warranties, indemnities and guarantees with respect to machinery,
equipment, materials and services from all vendors and subcontractors with who CHAMBERS contracts, and shall render all reasonable
assistance to CLIENT for the purpose of enforcing the same.
Except as expressly stated above, CHAMBERS makes no other warranty, expressed or implied, concerning any materials or services
furnished pursuant to this agreement.
1.3 Indemnity. CHAMBERS shall release, indemnify and hold CLIENT harmless from and against any and all claims, demands, losses,
expenses and causes of action resulting from or arising out of a failure of CHAMBERS to: (a) comply in material respects with federal, state
and local laws and regulations applicable to the Services; or (b) bodily injury or death of persons, or damage to or destruction of property to
the extent that the same results from the negligence or willful misconduct of CHAMBERS, its employees, officers or agents while engaged in
the performance of the Services.
1.4 Limitations. For any errors, omissions or other acts, including any damages based in contract, tort or other causes of action,
CHAMBERS' liability, including that of its employees, agents, and officers shall not exceed amounts recovered under the scope and limits of
CHAMBERS' insurance, described in the Paragraph entitled "Insurance" below, plus CHAMBERS' undertaking to correct errors, as stated in
CGIFORM.1013/24121
CHAMBERS
GROUP
the Paragraph entitled "Performance of Services," above.
CLIENT shall release, defend, indemnify and hold CHAMBERS and its employees, officers and agents harmless from and against any and all
other claims, demands, losses and causes of action.
1.5 Insurance. Commencing with performance of the Services, and for the entire term of this Agreement, CHAMBERS shall maintain
the following insurance, and shall, upon the request of CLIENT, furnish copies of insurance certificates evidencing the following coverages:
Type and Limits
Workers' Compensation: Statutory Limits
Employer's Liability: $1,000,000 per claim/$2,000,000 aggregate
Commercial Liability Insurance: $1,000,000 each occurrence/ 2,000,000 annual aggregate
Automobile liability: $1,000,000 combined single limit
1.6 Changes. In the event CLIENT desires to make changes in the Services and so notifies CHAMBERS in writing, CHAMBERS will
perform such changes and additional work pursuant to the terms, conditions and pricing of this Agreement and the applicable Scope of
Work. CLIENT acknowledges that the individual signing this Agreement on its behalf, or any authorized representative of CLIENT, may
amend or change any Scope of Work.
1.7 Termination. Either Party may, prior to completion and without cause, terminate the Services under any or all Scopes of Work at
any time upon five (5) working days' written notice to the other. In event that CLIENT terminates this Agreement without cause;
CHAMBERS shall be paid for Services performed to the date of termination plus non -cancelable commitments entered into prior to
CHAMBERS' receipt of notice of termination, and actual, reasonable, termination costs.
1.8 Term. The term of this Agreement is one year from its effective date; however, this Agreement shall automatically be renewed
for consecutive one-year terms unless terminated by either Party. Termination shall not affect the rights, obligations and remedies of the
parties.
1.9 Disputes. Anything herein to the contrary notwithstanding, any claim, dispute or other matter in controversy (herein called
"dispute"), whether based on contract, tort, statute, or other legal theory (including but not limited to any claim of fraud or
misrepresentation), arising out of or related to the Agreement, or breach thereof, shall be settled according to the procedures set forth in
this "Disputes" Paragraph exclusively; provided, however, that (1) either party may seek preliminary judicial relief if, in its judgment, such
action is necessary to avoid irreparable damage during the pendency of such procedures; and (2) nothing in this "Disputes" paragraph shall
prevent either party from exercising the rights of termination or suspension set forth in the paragraphs within this Agreement entitled
"Invoicing and Payment" or "Termination." Despite such judicial relief, termination or suspension, the Parties shall continue to participate
in good faith in the procedures set forth in the paragraph entitled "Disputes." All negotiations and mediations conducted under this
paragraph will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
1.9.1 Notice. Any Party may give the other Party written notice of any dispute not resolved in the normal course of business
("notice of dispute"). Within fifteen (15) days after delivery of the notice of dispute, the receiving Party shall submit to the other a written
response. The notice and response shall include: (a) a statement of each Party's position and a summary of arguments supporting that
position, and (b) the name and title of the executive who will represent that Party and of any other person who will accompany the
executive. Within twenty (20) days after delivery of the notice of dispute, the executives of both Parties shall meet at a mutually
acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable
requests for information made by one Party to the other will be honored.
1.9.2 Mediation. If the dispute has not been resolved by direct negotiations within thirty (30) days of the disputing Party's
notice, or if the Parties failed to meet within twenty (20) days, the Parties shall endeavor to settle the dispute by mediation in Orange
County or Los Angeles, California according to California law regarding confidentiality of mediation procedures and other procedures set by
the parties. If the parties are unable to agree upon mediation procedures within the same thirty- (30) day period, the mediation shall be
administered by the American Arbitration Association ("AAA") under its Commercial Mediation Rules in effect on the date of the notice of
dispute to AAA. The costs of mediation shall be borne equally by the Parties.
1.9.2.1 Unless otherwise agreed in writing by the Parties, mediation will be commenced by notice of demand for
mediation served by either Party upon the other in the same manner as otherwise provided for notice in this Agreement, and with the AAA
within ten (10) days after the expiration of the period set forth in the subparagraph entitled "Mediation" above.
1.9.3 Arbitration. If the Parties have attempted in good faith to resolve the dispute by executive negotiations, mediation is
initiated and the dispute remains unresolved thirty (30) days after mediation is initiated, or on whatever date the mediator sooner
determines, or the Parties sooner agree in writing, that the dispute cannot be resolved by mediation, the dispute shall be settled by
CGIFORM.101312421
CHAMBERS
'n'iif GROUP
arbitration in Orange County, California under the then current Commercial Rules of Arbitration ("Rules") of the AAA, as supplemented or
modified by this Agreement.
1.9.3.1 In the event that all or a portion of the dispute is the responsibility in whole or in part of a person or entity who
is under no obligation to arbitrate such matter with the Parties in the same proceeding, the Parties shall delay or stay arbitration between
them pending the determination, in a separate proceeding, of the responsibility and liability of such person or entity. Each Party agrees
that any arbitration instituted by them under this subparagraph entitled "Arbitration," may, at the election of the other Party, be
consolidated with any other arbitration proceeding involving a common question of fact or law between the electing Party and any other
persons or entities. In any dispute concerning the application of this subparagraph entitled "Arbitration," the question of arbitrability shall
be decided by the appropriate court and not by arbitration.
1.9.3.2 There shall be a single arbitrator appointed according to the Rules. If the Parties fail to select an arbitrator
within ten (10) days after a demand for arbitration, AAA shall select the arbitrator. The arbitrator shall be neutral and must be
knowledgeable in the subject matter of the dispute. The mediator who has served in that capacity under the Subparagraph entitled
"Mediation" above shall not be eligible to serve as arbitrator.
1.9.3.3 In advance of the hearing, the arbitrator may compel the Parties to exchange a detailed statement of their
claims, including the names and addresses of the witnesses and a brief description of the documents on which they intend to rely. The
arbitrator may exclude from the hearing the introduction of any evidence or the testimony of any witness not disclosed to the other Party
in advance as ordered by the arbitrator. The arbitrator may also permit the oral depositions of the Parties to be taken. However, there
shall be no other pre -hearing discovery unless and then only to the extent that all Parties otherwise agree in writing.
1.9.3.4 Except for good cause, or in case of emergency, the arbitration hearing shall commence within thirty (30) days
after the notice of demand for arbitration is given and shall, except for unusual and unanticipated circumstances, proceed during each
business day thereafter until concluded.
1.9.3.5 The award may not grant any relief that could not be granted in court litigation to resolve the dispute under the
law of the place governing the substance of the dispute. A monetary award may only be made for compensatory damages, and if any other
damages (whether exemplary, punitive, consequential or other) are included, the award shall be vacated and remanded, or modified or
corrected as appropriate to promote this damage limitation. The arbitrator shall award the prevailing party in the arbitration its reasonable
attorneys' fees and costs incurred in connection with the arbitration. Any Party who succeeds, by claim or counterclaim, in court
proceedings to stay litigation or compel arbitration shall also be entitled to recover all costs incurred in connection with such proceedings,
including attorneys' fees to be awarded by the court. In addition, the arbitrator shall award the costs of administration by AAA as he or she
may in his or her judgment decide.
1.9.3.6 Except as otherwise expressly provided in this subparagraph entitled "Arbitration," the award rendered by the
arbitrator shall be final and judgment may be entered upon it in any court having jurisdiction. However, within fifteen (15) days after the
date of the arbitration award, either Party may request the arbitrator to correct clerical, typographical or computational errors in the award
and to make an additional award as to claims presented in the arbitration proceedings but not dealt with in the award.
1.9.3.7 Either Party can appeal to the U.S. District Court for the Southern District of California, if such court has
jurisdiction, and otherwise to any state court of record in California having jurisdiction, to vacate and remand, or modify or correct the
arbitration award: (a) for any grounds specified in this subparagraph entitled "Arbitration", or (b) if there is no substantial evidence to
support the facts found in the arbitration award.
1.9.4 All applicable statutes of limitations and defenses based upon the passage of time shall be tolled while the procedures
specified in this Paragraph entitled "Disputes" are pending. The Parties will take such action, if any, required to effectuate such tolling.
GENERAL PROVISIONS
2.0 Severability. If any provision of this Agreement is finally determined to be contrary to, prohibited by, or invalid under applicable
laws or regulations, such provision will be renegotiated so as to give effect to the intent of the Parties to the maximum possible extent.
Such determination and renegotiation shall not affect or invalidate the remaining provisions of this Agreement.
2.1 Use of Reports or Services. CHAMBERS' opinions, reports or Services may not be utilized in prospectuses, proxy solicitations, loan
applications, or other documents or transactions reasonably expected to influence investment decisions without CHAMBERS' prior written
consent. Nothing contained in or relating to the formation of this Agreement is intended to make any person or entity who is not a
signatory to the Agreement a third party beneficiary. No one other than CLIENT shall be entitled to use and rely on the opinions, Services
or reports produced hereunder.
2.2 Execution and Counterparts; Assignment. This Agreement and any Scope of Work may be executed and delivered in two or more
counterparts and by each Party hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original
and both of which taken together shall constitute but one and the same instrument. This Agreement may not be assigned by one Party
CGPORM. 1013W21
without the consent of the other
2.3 Remedies, Choice of Law. Neither Party shall be held liable for indirect or consequential damages of any nature whatsoever,
howsoever arising. The obligations, responsibilities, warranties and liabilities of the Parties with respect to the Services shall be solely those
expressly set forth in this Agreement. Remedies and limitations on liability shall apply regardless of whether an action is brought in
contract, or is based on either Party's negligence, strict liability or another theory of law. The limitations stated in this Agreement extend
collectively to the Parties' partners, joint venturers, licensors, insurers, and affiliates. CLIENT and CHAMBERS agree that any legal action
with respect to the Services to be performed under this agreement shall be brought solely against the Parties, and not against affiliated
companies, individual officers, employees or former employees of the Parties. This Agreement shall be governed by California law.
2.4 Confidentiality. CHAMBERS agrees to hold in confidence and not to use or disclose to any third party without the written consent
of CLIENT any and all information relating directly to the Services provided, except as required by law or regulation, or as needed to carry
out work under this Agreement. This obligation of confidentiality shall expire five (5) years after completion or termination of the Services
under the applicable Scope of Work, and shall not apply to: (a) information in CHAMBERS' possession or known to CHAMBERS prior to its
receipt in connection with this Agreement orthe Services; (b) information independently developed by CHAMBERS at no cost to CLIENT and
without the use of CLIENT's confidential information; (c) information which is or becomes public knowledge through no fault of CHAMBERS;
and (d) information which is or becomes available on an unrestricted basis from a third party which CHAMBERS has no reason to believe
has an obligation of confidentiality.
2.5 Ownership of Records. The transfer of ownership of records, documents, plans, and other project related material will take place
after the invoices are paid in full. Until then, the documents, etc. remain the property of CHAMBERS subject to paragraph 2.4, above, all
reports, logs, field data, field notes, calculations, estimates and other documents prepared by CHAMBERS under this Agreement shall
remain the property of CLIENT after receipt of final payment. CHAMBERS shall be entitled to maintain file copies, subject to CHAMBERS'
confidentiality agreement set forth in paragraph 2.4 above. CLIENT shall not, except with CHAMBERS' prior written consent, utilize the
same on other projects. Inventions or software conceived or developed by employees of CHAMBERS in the course of the Services shall
belong exclusively to CHAMBERS.
2.6 Force Majeure. Unless otherwise specified in this Agreement, CHAMBERS shall be obligated to perform its Services within a
reasonable period of time. Schedules are estimates only. CHAMBERS shall not be responsible for delays in the completion of the Services if
such delays are created by reason of any unforeseen cause or causes beyond CHAMBERS' reasonable control, including, but not restricted
to acts of God or the public enemy, acts or delays of governmental or regulatory bodies, acts or delays of other contractors or CLIENT, fire,
floods, epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather. In the event
of delay due to any such cause, CHAMBERS shall be paid by CLIENT only for actual out-of-pocket costs occasioned by such delay, including
standby costs, as a pre -authorized change in the Scope of Work.
2.7 Compliance. CHAMBERS agrees to perform its Services in accordance with all applicable laws and regulations which are in force
and effect at the time of performance.
2.8 Information Obtained from Others. The parties agree that CHAMBERS will be supplied with certain information and/or data by
CLIENT and/or others, and that CHAMBERS will rely on same. CHAMBERS shall not be responsible for verifying the accuracy of such
information, unless the applicable Scope of Work provides for verification by CHAMBERS.
2.9 Provision of Information. CLIENT shall immediately notify CHAMBERS in writing of any new data, information or knowledge in the
possession of or known to CLIENT relating or relevant to performance of the Services. CLIENT recognizes that new information may require
revision of CHAMBERS' opinions or analyses.
2.10 Timely Review and Comment. CLIENT shall promptly review all documents, reports, data and recommendations submitted by
CHAMBERS and shall communicate with CHAMBERS to avoid delay in the performance of the Services.
2.11 Headings and Construction. Article and paragraph headings do not affect meaning. Neither Party hereto nor shall its respective
counsel be deemed the drafter of this Agreement. The language in all parts of this Agreement shall in all cases be construed according to its
fair meaning and not strictly for or against any Party hereto.
2.12 Independent Contractor. CHAMBERS shall perform its Services as an independent contractor and not an employee or agent of
CLIENT.
2.13 Notice. All notices and demands which any Party is required or desires to give to any other shall be given in writing by personal
delivery or by express courier service or by certified mail, return receipt requested, to the address set forth in the Proposal or Scope of
Work for the respective Party, to the attention of the respective designated representative. If any Party gives notice of a change of name or
address, notices to that Party shall thereafter be given as demanded in that notice. All notices and demands given by personal delivery or
by express overnight courier service shall be effective upon receipt at the address given in the Scope of Work for Notices; all notices given
by mail shall be effective on the third business day after mailing to the receiving Party's representative.
CGIFOI M 101 V24/21
CHAMBERS
GROUP
2.14 Access. CLIENT warrants that it has or will obtain timely access for CHAMBERS to all necessary areas of the location and any other
property necessary for the performance of the Services. Chambers assumes that, by receipt of notice to proceed, full access to the
property will be provided by CLIENT, including keys to locked gates and advance notice to existing property tenants of our right of entry.
Additional time and expense incurred by Chambers Group staff denied access to the property at the time prearranged for the field surveys
will be billed separately to CLIENT on a time -and -materials basis.
2.15 Site Characteristics and Hazards. CLIENT will provide CHAMBERS with all relevant information available concerning the location
which could affect the Services. CHAMBERS will use all reasonable care to minimize damage to the location and other properties, but has
included only customary site cleanup in the Scope of Work.
cGIFORMA013/2421
EA-7.2 (12.8.21)
EXHIBIT "B"
PROJECT COSTS AND HOURLY RATES
[SEE ATTACHED]
I:\emo\Agreenrents\Chambers Group, Inc. Enviromnental Consulting Services Agreement (Jacinto) FY25-0069.docx-ms
Billing aces Effective January202.4
STAFF. Charges for all professional, technical, and administrative personnel directly charging time to the project will be
calculated and billed on the basis of the following staff category hourly "Billing Rates." Billing Rates include fringe
benefits, burden, and fee.
Staff Title Rate Staff Title Rate
Senior Director $260.00 Director $231.00
Project Manager
$221.00
GIS Technician 4
$174.00
Project Manager 3
$200.00
GIS Technician 3
$145.00
Project Manager
$168.00
G IS Technician 2
$128.00
Project Manager 1
$152.00
GIS Technician 1
$117.00
Environmental Planner 7
$217.00
Cultural Resources Specialist 7
$194.00
Environmental Planner 6
$194.00
Cultural Resources Specialist 6
$171.00
Environmental Planner 5
$184.00
Cultural Resources Specialist 5
$161.00
Environmental Planner
$161.00
Cultural Resources Specialist
$141.00
Environmental Planner 3
$137.00
Cultural Resources Specialist 3
$123.00
Environmental Planner 2
$124.00
Cultural Resources Specialist 2
$110.00
Environmental Planner 1
$112.00
Cultural Resources Specialist 1
$87.00
Biologist/Botanist 7
$217.00
Technical Editor
$116.00
Biologist/Botanist 6
$194.00
Project Controls Specialist
$105.00
Biologist/Botanist 5
$184.00
Word Processor
$84.00
Biologist/Botanist4
$161.00
Clerical/Technician
$74.00
Biologist/Botanist 3
$137.00
Biologist/Botanist 2
$124.00
Biologist/Botanist 1
$112.00
Restoration Construction
Superintendent
$110.00
Restoration Specialist 3
$84.00
Foreman / CAL
$95.00
Restoration Specialist 2
$63.00
Crew Lead
$74.00
Restoration Specialist 1
$53.00
xkWkw
4 t`t Est
2024
www.ctiambei-sgroupinc.com
EA-7.2 (12.8.21)
EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify rider kvnalty of perjury under the laws of the State of California that the information and
rebresen tions ade in this certificate are true and correct.
Chainq
GT , Inc.
By: Date:
Mike c 7tec, President/CEO
9
1AcniMgreements\Chambers Group, Inc. Environmental Consulting Services Agreement (Jacinto) FY25-0069.docx-ins