CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH ENPLANNERS INC.,
(GREEN RIVER RANCH SPECIFIC PLAN AMENDMENT NO.1 PROJECT SEIR – RFP 22-052SB)
1. PARTIES AND DATE.
This Agreement is made and entered into this 15th day of June, 2022(“Effective Date”) by and between the City of Corona, a municipal corporation organized under the laws of the State of California with its principal place of business at 400 South Vicentia Avenue, Corona, California 92882 (“City”) and Enplanners, Inc., a California corporation with its principal place of business at PO Box 55099, Riverside, CA 92517 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing subsequent environmental impact report services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Green River Ranch Specific Plan Amendment No.1 Project SEIR – RFP 22-052SB (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional subsequent environmental impact report consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.
3.1.2 Term. The term of this Agreement shall be from June 15, 2022 to June 30,2023 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the Term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services within the Term of this Agreement, in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference, and in accordance with any other completion schedule or milestones which may be separately agreed upon in writing by the Parties. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All Services performed by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Raymond Hussey, Contract Manager and Lead Project Manager, Noah Ridlon, Planner, Peter Carlson, Senior Project Manager from CCSLS, and Bri Bernard, Project Manager from CCSLS.
3.2.5 City’s Representative. The City hereby designates Joanne Coletta, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Raymond Hussey, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work or Services knowing them to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement. Consultant shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.9 or any of its sub-sections.
3.2.9.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work or Services relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.
3.2.9.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.2.9.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.9.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.9.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.9.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Promptly following the Effective Date of this Agreement, but in no event before Consultant commences any Services under this Agreement, Consultant shall provide evidence satisfactory to the City that it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.
Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per claim.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain or be endorsed (amended) to include the following provisions:
(A) General Liability. The general liability policy shall state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection therewith (the endorsement form shall be at least as broad as ISO Form CG 20 10 11 85 or both CG 20 37 and one of the following: CG 20 10, CG 20 26, CG 20 33 or CG 20 38); and (2) the insurance coverage shall be primary insurance coverage as respects the City, its directors, officials, officers, employees, agents, and volunteers (the endorsement form shall be at least as broad as ISO CG 20 01 04 13). Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (B) Waiver of Subrogation – Workers’ Compensation and
Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work or Services performed by the Consultant.
(C) All Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City is entitled to the broader coverage and/or higher limits maintained by Consultant. Thus, any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.5 Other Provisions; Endorsements Preferred. Consultant shall endeavor to provide endorsements regarding the following provisions, but nonetheless understands, acknowledges and agrees that the following provisions shall apply and that failure to comply shall be considered to be a breach of this Agreement by Consultant:
(A) Waiver of Subrogation – All Other Policies. Consultant hereby waives all rights of subrogation any insurer of Consultant’s may acquire against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of any insurance policy which arise from work or Services performed by the Consultant.
Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer. (B) Notice. Consultant shall either: (1) require its insurer to provide thirty (30) days prior written notice to the City before coverage is suspended, voided, or canceled; or (2) notify City in writing that such notice is not available and forward any notice of such actions to the City within two (2) business days from date of receipt by Consultant.
Consultant understands, acknowledges and agrees that this provision is in full force and effect even if the City does not receive a waiver of subrogation endorsement from the insurer.
3.2.10.6 Claims Made Policies. The following provisions shall apply to all policies that provide coverage on a claims-made basis: (A) the retroactive date must be shown and must be before the date on which any Services under this Agreement commence; (B) the insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Project; and (C) if coverage is canceled or not renewed and is not replaced with another claims-made policy with a retroactive date prior to the date on which any Services under this Agreement commence, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Project.
3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.
3.2.10.8 Acceptability of Insurers. Unless under the circumstances a different rating is otherwise acceptable to the City in its sole and absolute discretion, insurance is to be placed with insurers which are satisfactory to the City and which meet either of the following criteria : (1) an insurer with a current A.M. Best’s rating no less than A-:VII and licensed as an admitted insurance carrier in California; or (2) an insurer with a current A.M.
Best’s rating no less than A-:X and authorized to issue the required policies in California.
3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, as well as amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All documents must be received and approved by the City before any Services commence; provided, however, that failure to obtain the required documents prior to the commencement of Services shall not waive Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.10.11 Sub-Consultants. All sub-consultants shall comply with each and every insurance provision of this Section 3.2.10. Consultant shall therefore not allow any sub-consultant to commence work on any subcontract to perform any part of the Services until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this Agreement.
3.2.10.12 Special Risk or Circumstances. The City reserves the right, in its sole and absolute discretion, to modify the requirements of this Section 3.2.10, including limits, based on any of the following: (A) the nature of the risk of the Services; (B) the prior experience of the insured; (C) the rating or other quality or characteristic of the insurer; (D) any special or unique coverage issues; and (E) any other special or unique circumstances.
3.2.11 Safety. Consultant shall execute and maintain its work and Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which the Services are to be performed.
3.2.12 Payment Bond. The California Department of Industrial Relations (“DIR”) has communicated to the City that there is a possibility that a payment bond may be required for certain services provided in connection with a public works project. Since such a requirement is currently contrary to the industry standard for the services provided by Consultant under this Agreement and since there is no direct legal authority for this position, the City is not requiring Consultant to provide a payment bond at this time. However, the City hereby reserves the right to require the Consultant to obtain and provide a payment bond for some or all of the Project provided by the Consultant under this Agreement.
If the City determines that a payment bond is required for the Project pursuant to Civil Code Section 9550 or any other applicable law, rule or regulation, Consultant shall execute and provide to City a payment bond in an amount required by the City and in a form provided or approved by the City. In the event a payment bond is required, the City agrees to compensate Consultant for all documented direct costs incurred by Consultant for such payment bond. The Parties shall memorialize the terms of such additional compensation and any other terms and conditions associated with the payment bond in an amendment to this Agreement.
3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Rates & Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed One Hundred Ten Thousand Four Hundred and Fifty Dollars ($110,450) (“Total Compensation”), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the Term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the Total Compensation is $1,000 or more, Consultant and its subconsultants shall fully comply with the Prevailing Wage Laws for their employees and any others to whom such laws are applicable. Consultant and its subconsultants shall also be responsible for any and all violations and fines imposed on them pursuant to the Prevailing Wage Laws. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Agreement would also be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). Beginning April 1, 2015, no consultant or subconsultant may be awarded this Agreement unless registered with the DIR pursuant to Labor Code Section 1725.5. The City will report all necessary agreements to the DIR as required by the Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. It is most efficient for the Consultant to obtain a copy of the prevailing wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may obtain a copy of the prevailing wages from the City’s Representative. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 Apprenticeable Crafts. If the Project is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works when Consultant employs workmen in an apprenticeable craft or trade. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Consultant.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, as well as any authorized reimbursable expenses, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 Ownership of Materials and Confidentiality.
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs.
In addition, before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.5.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services.
Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6 General Provisions.
3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
Consultant:
The Consultants Inc.,
PO Box 55099
Riverside, CA 92517
Attn: Raymond Hussey, AICP
City:
City of Corona
400 South Vicentia Avenue
Corona, CA 92882
Attn: Joanne Coletta Planning & Development Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any alleged willful misconduct or negligent acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all settlement amounts, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.6.6.1 Subconsultants; Assignment or Transfer. Consultant shall not subcontract any portion of the Services required under this Agreement, except as expressly authorized herein, without the prior written approval of the City. Subcontracts, if any, shall include a provision making them subject to all provisions of this Agreement. Consultant shall also not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to subcontract or take any other action not authorized herein shall be null and void, and any subconsultants, assignees, hypothecates or transferees shall acquire no right or interest by reason of such action.
3.6.7 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.6.8 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.6, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.12 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the Term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.13 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.14 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.
3.6.15 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.17 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT 2 PAGES]
CITY’S SIGNATURE PAGE FOR
CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH ENPLANNERS INC.,
(GREEN RIVER RANCH SPECIFIC PLAN AMENDMENT NO.1 PROJECT SEIR – RFP 22-052SB)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
CITY OF CORONA
By: _________________________
Joanne Coletta
Planning & Development Department Director
Reviewed By:
_________________________
Sandra Yang
City Clerk
Reviewed By: _______________________
Scott Briggs
Acting Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk
CONSULTANT’S SIGNATURE PAGE FOR
CITY OF CORONA
PROFESSIONAL SERVICES AGREEMENT
WITH ENPLANNERS INC.,
(GREEN RIVER RANCH SPECIFIC PLAN AMENDMENT NO.1 PROJECT SEIR – RFP 22-052SB)
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above.
Enplanners Inc.,
a California corporation
By: _________________________
Raymond V. Hussey
President, Secretary, CFO
By: _________________________
Denise M. Hussey
CEO
EXHIBIT “A”
SCOPE OF SERVICES
Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services to complete the City of Corona Green River Ranch Specific Plan Amendment No. 1 Environmental Impact Report Project SEIR. The Scope of Services is fully descripted in this Exhibit “A”.
The following Scope of Work illustrates the sequential tasks to be completed. All tasks will be performed by the Consultants team (Enplanners and CSLS staff).
TASK 1.0: PROJECT INITIATION
TASK 1.1: PROJECT KICK-OFF MEETING
The Consultants will participate in a Project kick-off meeting with City staff, the Applicant’s consultant team, and the Applicant to achieve the following:
• Establish a mutual understanding of the CEQA and technical study efforts, review the Project to identify components or conditions not captured in this scope and cost estimate; • Identify City, Applicant’s consultant team, and Applicant contacts and other associations/organizations whose input will be needed to complete the CEQA document; • Refine the scope of work to be performed;
• Define protocols for communication with City, Applicant’s consultant team, and Applicant; • Refine the Project schedule, establish protocols for product review and coordination with City, Applicant’s consultant team, and Applicant, and define Project milestones and decision points; • Obtain relevant plans, reports, ordinances, and studies applicable to the Project; • Establish an anticipated delivery schedule for Applicant-commissioned studies; • Identify technical studies required, but not yet commissioned; • Identify the approximate time, place, and nature of public meetings/hearings related to the Project; and
• Obtain City’s mailing list for environmental documents.
The Consultants will identify its document and information needs to assist the project team in accumulating the background information necessary to initiate the technical analyses and CEQA documentation. These needs may include the following:
• Previously prepared studies conducted on the Project site; • Reproducible or electronic copies of the development-related material; and • Information related to prior development proposals and/or related public/agency concerns related to site development.
TASK 1.2: MODIFIED PROJECT DESCRIPTION
The definition of a proposed project is always an important first step to ensure an environmental document is prepared on time, within budget, and to the satisfaction of all parties involved. For subsequent, supplement, and addendum CEQA documents, we prefer to use the term “Modified Project” instead of “Proposed Project” when referencing the proposed project under scrutiny in an SEIR. In addition, we prefer to use the term “Approved Project” when referencing the project that was approved as part of the certified EIR. The reason for using this terminology is the purpose of a subsequent CEQA document is to analyze if changes to the previously approved project, changes in circumstances occur, or new information becomes available after certification of the prior EIR that would result in a new impact or an increase in the severity of a previously defined impact. The use of this terminology is not a hard fast rule, and there are other ways in which this distinction can be made clear in an SEIR. Nonetheless, from this point forward in our proposal, we will refer to the proposal being scrutinized in the SEIR as the Modified Project and the project as approved when the prior EIR was certified as the Approved Project.
A Modified Project description will be drafted based on information provided by the City, Applicant’s consultant team, and Applicant. The Modified Project description will provide a detailed narrative of the various Modified Project components including both the programmatic level amendments to the General Plan (GPA2020-0002) and Green River Ranch Specific Plan (SPA2020-0006) and project level components including the Tentative Tract Map (TTM 37963) and Price Plan (PP2020+004) based on the Green River Ranch Specific Plan Amendment No. 1 document, development plans, proposed structures and features, grading, infrastructure improvements (on and off site), landscaping, utility features, required land use actions and entitlements, and related information. The Modified Project description will be submitted to City staff, the Applicant’s consultant team, and the Applicant for review and approval. As required, the Consultants will amend the Modified Project description to incorporate review comments.
The Project programmatic level amendments to the Green River Ranch Specific Plan would result in a mix of land use designations consisting of General Commercial (5.5 acres), Business Park Industrial (49.52 acres), 32 Estate Residential lots (20.39 acres), and Open Space General (83.55 acres). The project level components would result in the construction of five (5) light industrial buildings within the proposed Business Park Industrial land use PAs consisting of 746,330 square feet of total building areas.
TASK 2.0: REVIEW TECHNICAL STUDIES
The Consultants will peer review the nineteen (19) technical reports for CEQA adequacy, with the overall goal to ensure each report contains substantial evidence as required by CEQA to support impact conclusions and the reports are ready for incorporation into the SEIR. This review will be conducted by the The Consultants team experts to ensure the reports have been prepared in accordance with the requirements of CEQA, the State CEQA Guidelines, and City Policies related to CEQA and the State CEQA Guidelines. The peer review will include a thorough review of each study to provide constructive criticism focusing on background and existing conditions, methodologies applied, and impact conclusions.
TASK 3.0: NOTICE OF PREPARATION
The Consultants will prepare an NOP providing notice to public agencies and members of the public that an SEIR is in preparation and will request guidance from each agency and members of the general public regarding the scope and content of the environmental information to be included in the SEIR. The NOP will indicate the SEIR will discuss all impact topics required by CEQA, focusing on the potential new significant environmental effects or the substantial increase in severity of previously identified significant effects based on changes associated with the Modified Project, changed circumstances, or introduction of new and relevant information (CEQA Guidelines Section 15162).
A draft NOP will be prepared using the City’s preferred format. Using the City’s distribution list, The Consultants will identify responsible agencies, trustee agencies (if any), and other interested parties and members of the public that should receive the NOP. The Consultants will distribute/mail the NOP to persons/agencies/organizations on the City’s mailing list and file it with the County Clerk and State Clearinghouse. The City shall be responsible for publishing the NOP in the local newspaper.
TASK 4.0: ADMINISTRATIVE DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
TASK 4.1: ADMINISTRATIVE DRAFT SEIR NO. 1
Administrative Draft SEIR No. 1 (ADSEIR No. 1) will include a thorough assessment of the potential changed impacts that may result from the development and operation of the proposed Modified Project in comparison to the Approved Project (State Clearinghouse No. 2006091093) addressed in the certified EIR. The assessment will focus on new significant impacts or substantial increases in the severity of impacts resulting from the Modified Project, changed circumstances under which the Modified Project will be untaken, or other changes not thought possible at the time in accordance with the provision of a SEIR (CEQA Guidelines Sections 15162-15163). As described previously, the determination of significance will be based on Applicant-prepared studies for the Modified Project, prior environmental documentation for the Approved Project, and/or other information provided by the City and the project team.
ADSEIR
No. 1 will include a summary of the analyses supporting the determination that potential impacts related to these issues are equivalent to or less than the significance determination for the Approved Project addressed in the prior EIRs.
ADSEIR No. 1 will be prepared and submitted to the City. The ADSEIR will address the key environmental issues as they relate to the proposed Modified Project, applicable City standards, and/or the standards of State and federal entities. Taking into account the provisions of CEQA Guidelines Section 15162-15163, the following CEQA-mandated topics will be addressed as applicable:
• Evaluation and analysis of specific characteristics of the Modified Project and the surrounding area as they affect and will be affected by the Modified Project. • Assessment of the direct and indirect short-term and long-term environmental impacts that will be created by the Modified Project based on established thresholds of significance. • Graphic depiction of environmental and planning factors and their relation to the Modified Project and its implementation.
• The SEIR will include a discussion on the appropriateness of mitigation measures previously established for the Approved Project and, where necessary, identify specific and feasible new mitigation measures or modified mitigation measures that can be monitored effectively during development and operations of the Modified Project.
• Analysis of the level of significance of Modified Project impacts after application of mitigation measures.
• The following CEQA-mandated topics will be addressed:
o Any significant irreversible environmental changes that would be involved in the proposed action should it be implemented;
o Unavoidable adverse impacts;
o Potential growth-inducing aspects of the Modified Project; o Cumulative impacts of the Modified Project; and
o Consistency of the Modified Project with Regional Plans.
ADSEIR No. 1 will address specific areas of concern included in the written responses to the Notice of Preparation. These work efforts will be compiled into ADSEIR No. 1 along with analysis of topical issues required by CEQA for subsequent review of the Modified Project. The SEIR will identify new impacts or impacts that substantially increase in severity requiring new mitigation, modified mitigation, or the introduction of alternatives to reduce the impact to a less than significant level. ADSEIR No. 1 will be submitted to the City for a round of comments. The City’s comments on ADSEIR No. 1 will be assembled into a single document, providing specific and non-contradictory comments. If City staff and City Attorney recommendations for change are not adequately addressed, subsequent corrections to the document will be made by The Consultants at no additional cost. The cost estimate provides for one round of review of ADSEIR No. 1.
TASK 4.2: ADMINISTRATIVE DRAFT EIR NO. 2
Upon receipt of comments from City staff on ADSEIR No. 1, The Consultants will revise the document as appropriate and prepare Administrative Draft SEIR No. 2 (ADSEIR No. 2). After any required revisions have been incorporated into the document, ADSEIR No. 2 will be prepared for second review by the City. The cost estimate provides for one round of review of ADSEIR No. 2.
TASK 5.0: DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
TASK 5.1: PREPARE DRAFT SUBSEQUENT EIR FOR PUBLIC REVIEW After receipt of comments from City staff on ADSEIR No. 2, the Draft SEIR (DSEIR) document will be prepared for public review. The Consultants will be responsible for the duplication and distribution of the DSEIR Notice of Availability (NOA), and for providing the NOA to the City for publication in local newspaper(s).
TASK 5.2: NOTICE OF COMPLETION AND NOTICE OF AVAILABILITY The Consultants will prepare the Notice of Completion (NOC) to accompany the required copies of the DSEIR to the State Clearinghouse and will prepare an NOA of the DSEIR for filing with the County Clerk. The Consultants will distribute the DSEIR to the State Clearinghouse and the NOA to agencies and members of the public on the distribution list compiled and provided by the City. The City will be responsible for filing the NOA with the Riverside County Clerk and publishing the NOA in the newspaper, posting the NOA on the Modified Project site, and providing notice of the NOA to property owners within a 500 foot radius of the site. The City will be responsible for adequately satisfying all filing and noticing requirements associated with the NOA pursuant to CEQA.
TASK 5.3: CIRCULATE DRAFT SUBSEQUENT EIR FOR PUBLIC REVIEW The DSEIR will be distributed for a 45-day public review period to agencies and the public in less than one week of DSEIR approval by the City. Notification of the review period will be provided by distribution of the NOA. The NOA will identify the physical locations where the DSEIR and Technical Appendices can be reviewed as well as a City website link providing digital access to the DSEIR documents. The City will be provided with 10 hard copies of the DSEIR with Technical Appendices on CD-ROM.
TASK 6.0: PUBLIC SCOPING MEETING
The Modified Project exceeds the numerical threshold for a project of areawide significance and therefore The Consultants will schedule and conduct a Public Scoping Meeting pursuant to CEQA Guidelines Section 15082(c). The scoping meeting will be noticed to all applicable responsible and trustee agencies, any cities or counties that border the City. In addition, notice will be provided interested organizations and individuals. The purpose of the Public Scoping Meeting is to identify and discuss issues, actions, alternatives, potential and significant environmental effects and potential mitigation measures. The scoping meeting may be done inperson at a location determined by city staff, or on-line virtually at city staff’s discretion TASK 7.0: FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
TASK 7.1: RESPONSES TO COMMENTS
Responses to agency and public DSEIR comments received during the 45 day public review period will be prepared within two weeks of receipt of a complete set of comments. This scope and cost estimate anticipates up to one hundred (100) hours of staff time will be required for this task. Work efforts in excess of 100 hours will be conducted upon approval of a contract amendment to revise this scope of work and cost estimate. Once draft responses to comments are completed, they will be submitted to the City for review and comment. In accordance with CEQA, The Consultants will distribute applicable responses to each commenting party at least 10 days prior to hearings on the Modified Project.
TASK 7.2: MITIGATION MONITORING AND REPORTING PROGRAM
The Consultants will prepare a Mitigation Monitoring and Reporting Program (MMRP) to assist the City in implementing the mitigation measures contained in the SEIR. The MMRP will delineate the procedures for monitoring and complying with each mitigation measure, identify the agency/position responsible for the monitoring and reporting of each measure, and the schedule for implementation. The MMRP will be included as an appendix to the Final SEIR.
TASK 7.3: ADMINISTRATIVE FINAL EIR
The Administrative Final SEIR (AFSEIR) will be prepared including an Executive Summary of the DSEIR, modifications to the DSEIR in response to comments received, DSEIR comment letters and responses, and the MMRP. To facilitate review of the Final SEIR, revisions made after public review of the document will be depicted in errata format utilizing underline/strikeout text. The AFSEIR will be submitted to the City for one round of review and comment.
TASK 7.4: FACTS, FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS
During the 45-day public review period, The Consultants will start preparing draft Facts, Findings and Statement of Overriding Considerations (FFSOC) summarizing the findings and mitigation measures contained in the Final SEIR using City standard formatting. The draft FFSOC will be prepared and submitted to the City for one round of review. After the round of comments, the draft FFSOC will be revised and delivered to the City in electronic format in Microsoft Word for use by legal counsel and finalization by the City.
TASK 7.5: FINAL EIR
The AFSEIR will be revised per City staff comments and compiled into a Final SEIR prior to public hearings on the Modified Project and Subsequent EIR.
TASK 8: MEETINGS AND HEARINGS
TASK 8.1: PROJECT MEETINGS AND CONFERENCE CALLS
The Consultants will attend project meetings with the City and project team during preparation and finalization of the SEIR. We anticipate meetings will take place at key points in time to discuss review of the two Admin Draft SEIRs, to discuss responses to SDEIR public review comments, and the Final SEIR. We anticipate project updates and communications will be made via virtual platform, email or phone as needed or requested in between progress meetings.
TASK 8.2: PLANNING COMMISSION
The Consultants will attend one (1) Planning Commission meeting to consider the SEIR and action on the Modified Project. If requested, The Consultants will make presentations explaining the content, findings, and determinations of the SEIR, and will respond to comments raised during the hearing.
TASK 8.3: CITY COUNCIL
The Consultants will attend one (1) City Council hearing to consider approval of the SEIR and action on the Modified Project. If requested, The Consultants will make presentations explaining the content, findings, and determinations of the SEIR, and will respond to comments raised during the hearing.
TASK 8.4: NOTICE OF DETERMINATION
The Consultants will prepare and submit the Notice of Determination (NOD) to the County Clerk. The NOD will be filed within five business days of project approval to minimize the legal challenge period to 30 days as opposed to 180 day. The Applicant is responsible for paying applicable CDFW filing fees. The NOD will be submitted to the City electronically for review and signature. If determined necessary, The Consultants will file a NOC with the State Clearinghouse after approval of the Modified Project.
TASK 9.0: PROJECT ADMINISTRATION/PROJECT MANAGEMENT
This scope of work is intended to ensure the CEQA process runs smooth and efficiently. Open and regular communication with City staff and project team members will be maintained. Key issues will be identified and defined as they arise, and The Consultants will work with City staff and the project team to reach an acceptable solution to all parties.
EXHIBIT “B”
SCHEDULE OF SERVICES
Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines.
The following table provides estimated timeframes for each task outlined in the Scope of Work.
Based on the actual date of work authorization, receipt of technical studies, City review times, etc. this schedule will be adjusted accordingly. We assume the technical studies are already completed and/or will be provided at time of notice to proceed (NTP).
Task Time Required
Cumulative Elapsed
Time
Project Initiation (Tasks 1.1 and 1.2) NTP + 2 weeks 2 weeks Review of Technical Studies (Task 2.0) 4 weeks1 4 weeks Notice of Preparation (Task 3.0) 2 weeks1 4 weeks
ADSEIR No. 1 (Tasks 4.1) 8 weeks1 8 weeks
City review ADSEIR No. 1 4 weeks 12 weeks
ADSEIR No. 2 (Tasks 4.2) 2 weeks 14 weeks
City review ADSEIR No. 2 4 weeks 18 weeks
Draft SEIR and NOP (Tasks 5.1 and 5.2) 1 week 19 Weeks
45-day public review period 45 days 25 weeks
Public Scoping Meeting (Task 6.0) 1 day During 45-day
public review
Responses to comments, MMRP, AFSEIR, and
FFSOC (Tasks 7.1 through 7.4)
4 weeks 29 weeks
City Review Responses to comments, MMRP,
AFSEIR, and FFSOC
4 weeks 33 weeks
Task Time Required
Cumulative Elapsed
Time
FSEIR 2 weeks 35 weeks
Planning Commission and City Council Hearings
(Tasks 8.2 and 8.3)
6 weeks Weeks through 37
through 41
Notice of Determination Within 5 days of
project approval
42 weeks
Meetings and Management (Task 6) On-going NA
Total 42 Weeks
EXHIBIT “C”
COMPENSATION
The Consultants propose to complete the tasks outlined in the Work Plan for a “Maximum Not-to-Exceed” amount of $110,450 to prepare and process a Subsequent EIR for the Project.
This fee includes $2,750 in reimbursables, $9,250 in project administration/project management, and $98,700 for the balance. The following table summarizes the labor hours and costs for each task and all materials to be furnished. A detailed cost sheet labeled Exhibit “C” is included Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in this Exhibit ”C”.
Principal
Planner 1
Principal
Planner 2
Sr.
Planner
Associate
Planner Total Total Reimbursable
Task
No. Name 200 200 150 100 Hours Labor Expenses Total Cost
1.0 Project Initiation 24 3600 0 3600
1.1 Project Kick-off Meeting 4 4 8 1200 1200
1.2 Project Description 8 8 16 2400 2400
2.0 Review Technical Studies 8 4 16 20 48 6800 0 6800
3.0 Notice of Preparation 2 4 6 800 0 800
4.0 Adm SDEIR 337 47700 2000 48700
4.1 ADSEIR No. 1 253 35900 1000 35900
ES 2 1 2 4 9 1300 1300
Intro 2 1 4 7 1000 1000
Proj Des 2 1 2 5 800 800
Aesthetics 2 1 6 9 1200 1200
Ag 1 1 2 300 300
AQ 2 1 6 9 1200 1200
Bio Resources 2 2 6 4 14 2100 2100
Cult Resources 2 1 4 4 11 1600 1600
Energy 2 1 4 7 1000 1000
Geo and Soils 2 1 4 7 1000 1000
GHG 2 1 6 9 1200 1200
Hazards 2 1 6 9 1200 1200
Hydro and WQ 2 1 6 4 13 1900 1900
LU and Planning 2 1 6 4 13 1900 1900
Minerals 1 1 2 300 300
Noise 2 1 4 7 1000 1000
Pop and Housing 2 1 6 9 1200 1200
Public Services 1 1 4 6 800 800
Recreaion 1 4 5 600 600
Transportation 2 1 6 9 1200 1200
Tribal Cult Resources 2 1 4 4 11 1600 1600
Utilities 1 1 4 6 800 800
Wildfire 4 2 6 4 16 2500 2500
DM/graphics 1 8 4 13 1800 1800
Principal
Planner 1
Principal
Planner 2
Sr.
Planner
Associate
Planner Total Total Reimbursable
Task
No. Name 200 200 150 100 Hours Labor Expenses Total Cost Alts 8 4 8 16 36 5200 5200
CEQA Other 2 1 6 9 1200 1200
4.2 ADSEIR No. 2 16 8 20 40 84 11800 1000 12800
5 Draft SEIR 30 4200 300 4500
5.1 Prepare Draft SEIR for Public Review 4 8 8 20 2800 2800
5.2 NOC and NOA 2 2 4 600 600
5.3 Circulate DEIR for Public Review 2 4 6 800 300 1100 6 Public Scoping Meeting 8 8 16 2400 0 2400
7 Final SEIR 180 24200 200 24400
7.1 Responses to Comments 12 8 30 50 100 13500 200 13700
7.2 MMRP 2 2 4 8 1100 1100
7.3 Admin Final SEIR 4 2 4 8 18 2600 2600
7.4 FFSOC 4 4 8 24 40 5200 5200
7.5 Final SEIR 2 4 8 14 1800 1800
8 Meetings and Hearings 60 9000 0 9000
8.1 Project Meetings, Video, Telecon 20 20 40 6000 6000
8.2 Planning Commission 4 4 8 1200 1200
8.3 City Council 4 4 8 1200 1200
8.4 NOD 2 2 4 600 600
9 Project Administration/Project Manage 30 30 60 9000 250 9250 Totals 192 53 142 374 761 107700 2750 110450
HOURLY RATE SCHEDULE
• Principal/President - $200
• Senior Planner - $150
• Planner - $100