HomeMy WebLinkAbout2013-014 FirstCarbon Eagle Ranch EIR CITY OF ATASCADERO
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CONTRACT FOR
FlrstCarbon Solutions 4 Michael Brandman Associates
for
Eagle Ranch Specific Plan EI
IR Scope of Work Phase 3
t:1-contract management\eagle ranch\eir_mba\eagle ranch eir contract. phase 3. mba.4_23_13.docX
City of Atascadero
FirstCarbon Solutions- Michael Brandman Associates (FCS-MBA)
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CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
FirstCarbon Solutions - Michael Brandman Associates (FCS-MBA)
for
Eagle Ranch Specific Plan EIR
EIR Scope of Work Phase 3
THIS CONTRACT is made and entered into between City of Atascadero, a Municipal
Corporation ("City") and FirstCarbon Solutions - Michael Brandman Associates (FCS-MBA),
("Consultant"). City and Consultant agree as follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Consultant shall do all work, attend all meetings,produce all reports and carry
out all activities necessary to complete the services described in THE EAGLE RANCH PROJECT
ENVIRONMENTAL IMPACT REPORT SCOPE OF WORK (REFERRED TO IN PREVIOUS
CONTRACTS AS "EIR PHASE 3"), attached hereto and incorporated herein by this reference as
Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract
Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all
Contract Documents as if set forth in full therein. In the event of a conflict between any provisions of
this Contract and the Scope of Work(as referenced by EXHIBIT A), the provisions of this Contract will
control.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant
enters into this Contract as, and shall at all times remain as to the City, an independent
contractor and not as an employee of the City. Nothing in this Contract shall be construed to
be inconsistent with this relationship or status. Any persons employed by Consultant for the
performance of services pursuant to this Contract shall remain employees of Consultant, shall
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FirstCarbon Solutions- Michael Brandman Associates (FCS-MBA) � ,
at all times be under the direction and control of Consultant, and shall not be considered
employees of City. All persons employed by Consultant to perform services pursuant to this
Contract shall be entitled solely to the right and privileges afforded to Consultant employees
and shall not be entitled, as a result of providing services hereunder, to any additional rights or
privileges that may be afforded to City employees.
B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Consultant are to commence upon execution of this Contract by City,
and shall be undertaken and completed in a prompt and timely manner, in accordance with the
Scope of Work referenced in Exhibit A and the project schedule referenced in Exhibit D.
Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than
December 31, 2015, unless extended by the mutual agreement of both parties.
4. COMPENSATION:
A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B attached
hereto and made a part hereof. All work will be billed monthly on a percentage of completion
of the approved scope of work.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager" shall include the City Manager's designee). Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City and Consultant at the time City's express written authorization signed by the City
Manager is given to Consultant for the performance of said services.
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FirstCarbon Solutions - Michael Brandman Associates (FCS-MBA)
5. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Consultant shall comply with the City
Manager's request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Consultant may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Consultant is legally obligated to comply
with these Contracts. It Is expressly the intent of the parties and it is agreed by the parties that
the Consultant's performance shall not in any manner be subject to any bargaining
agreement(s) or any other agreement(s) the Consultant may have covering and/or with is
employees.
C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort
to maintain the stability and continuity of Consultant's staff assigned to perform the services
required under this Contract as shown on Exhibit C. Consultant shall notify City of any
changes in Consultant's staff to be assigned to perform the services required under this
Contract and shall obtain the approval of the City Manager of a list of all proposed staff
members who are to be assigned to perform services under this Contract prior to any such
performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Consultant shall be
compensated for non-disputed fees under the terms of this Contract up to the date of
termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Consultant, and the City may withhold any
payments due to Consultant until such time as the exact amount of damages, if any, due the
City from Consultant is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
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7. CHANGES:
The City or Consultant may, from time to time, request changes in the scope of the services of
Consultant to be performed hereunder. Such changes, including any increase or decrease in the
amount of Consultant's compensation and/or changes in the schedule must be authorized in advance
by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this
Contract. Any increase in the amount of Consultant's compensation and/or changes in Exhibit A and or
Exhibit B must be authorized in advance by the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Consultant under this Contract are upon creation and shall
be at all times the exclusive property of the City, and the Consultant shall have no property
right therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse
of the materials prepared by the Consultant if used for purposes other than those expressly set
forth in the Intended Use of Consultant's Products and Materials section of this Contract.
Consultant shall not disseminate any information or reports gathered or created pursuant to
this Contract without the prior written approval of City including without limitation information or
reports required by government agencies to enable Consultant to perform its duties under this
Contract and as may be required under the California Public Records Act excepting therefrom
as may be provided by court order. Consultant will be allowed to retain copies of all
deliverables.
B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to
the City, all data, drawings, specifications, reports, estimates, summaries and other such
materials and property of the City as may have been prepared or accumulated to date by the
Consultant in performing this Contract. Consultant will be allowed to retain copies of all
deliverables to the City.
9. CONFLICTS OF INTEREST:
A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Contract. Consultant further covenants that in the performance of this Contract,
Consultant shall take reasonable care to ensure that no person having any such interest shall
be employed by it as an officer, employee, agent or subcontractor without the express written
consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this
Contract. Consultant agrees to include language similar to this Section 9(A) in all contracts
with subcontractors and agents for the work contemplated herein.
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10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Consultant pursuant to performance of this Contract are confidential and Consultant agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE, If Consultant or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party's, including the non-releasing
party's attorney's fees and disbursements, including without limitation expert's fees and
disbursements.
C. COOPERATION. City and Consultant shall promptly notify the other party should
Consultant or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Consultant each retains the right, but has no
obligation, to represent the other party and/or be present at any deposition, hearing or similar
proceeding. Consultant and City agree to cooperate fully with the other party and to provide
the other party with the opportunity to review any response to discovery requests provided by
Consultant or City. However, City and Consultant's right to review any such response does
not imply or mean the right by the other party to control, direct, or rewrite said response.
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract. City acknowledges that all equipment and other tangible
assets used by Consultant in providing these services are the property of Consultant and shall
remain the property of Consultant upon termination of this Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City's sole cost and
expense.
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12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable
local, state, and federal laws and regulations which may affect those employed by it or in any
way affect the performance of its services pursuant to this Contract. Consultant shall observe
and comply with all applicable laws, ordinances, regulations and codes of federal, state and
local governments, and shall commit no trespass on any public or private property in
performing any of the work authorized by this Contract. Consultant shall at all times hold a
valid contractor's license if performing any function or activity for which a license is required
pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business
and Professions Code, and Consultant shall provide a copy of the license(s) upon the request
of the City, The City, its officials, officers, elected officials, appointed officials and employees
shall not be liable at law or in equity as a result of any failure of consultant to comply with this
section.
B. PREVAILING WAGES. In the event it is determined that the Consultant is required
to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay
all penalties and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior written
consent of the City Manager, unless specified in the scope of work. Consultant shall be as fully
responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and
of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of
persons directly employed by Consultant,
14. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment or
notation. However, claims for money due or to become due Consultant from the City under this
Contract may be assigned to a financial institution, but only with prior written consent of the City
Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished
promptly to the City. The rights and benefits under this agreement are for the sole and exclusive
benefit of the City and this Contract shall not be construed that any third party has an interest in the
Contract.
15. LIABILITY OF CONSULTANT:
Consultant shall be responsible for performing the work under this Contract in a manner which
is consistent with the generally accepted standards of Consultant's profession and shall be liable for its
own negligence and the negligent acts of its employees, agents, contractors and subcontractors, The
City shall have no right of control over the manner in which the work is to be done but only as to its
outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its
employees, agents, contractors or subcontractors.
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16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same
are caused in whole or in part by any negligence or wrongful act, error or omission of
Consultant, willful misconduct, or recklessness of its officers, agents, employees or
subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof)
in the performance of professional services under this agreement.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than
in the performance of professional services and to the full extent permitted by law, Consultant
shall indemnify, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorneys fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement by Consultant or by any individual or entity for which consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of Consultant.
C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this section
for each and every subconsultant or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this agreement. In the event consultant fails to
obtain such indemnity obligations from others as required here, Consultant agrees to be fully
responsible according to the terms of this section. Failure of City to monitor compliance with
these requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here
is binding on the successor, assigns or heirs of Consultant and shall survive the termination of
this agreement or this section.
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FirstCarbon Solutions - Michael Brandman Associates (FCS-MBA)
17. INSURANCE.-
Consultant shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit E attached to and part of this agreement.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to labor costs, material
expenses, parcels abated or serviced and other such information required by City that relates to the
performance of services under this Contract. Consultant shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified and readily
accessible and in a form acceptable to the City, which the City may specify and change from time to
time. Consultant shall provide free access to the representatives of City or its designees, at reasonable
times, to such books and records, shall give City the right to examine and audit said books and records,
shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work,
data, documents, proceedings, and activities related to this Contract. Such records, together with
supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest
extent allowed by law, with all applicable local, state, and federal laws relating to
nondiscrimination.
B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Consultant so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose
sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to,
and shall, reimburse City for the cost of all such sanctions imposed, together with any and all
costs, including attorneys' fees, incurred by the City in connection therewith.
C. GOVERNING LAW. The City and Consultant understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Consultant by this Contract. In
recognition of that interest, neither any complete nor partial assignment of this Contract, may
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.
be made by Consultant nor changed, substituted for, deleted, or added to without the prior
written consent of City which consent shall not be unreasonably withheld. Any attempted
assignment or substitution shall be ineffective, null, and void, and constitute a material breach
of this Contract entitling City to any and all remedies at law or in equity, including summary
termination of this Contract. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the set-vices specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among
the parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its
provisions waived, only by a subsequent written agreement executed by each of the parties.
The parties agree that this requirement for written modifications cannot be waived and any
attempted waiver shall be void.
G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity revise the provisions of this Contract and to
have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the
various sections are merely informational and shall not be construed as a substantive portion
of this Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier
with respect to any subsequent default or other matter,
1. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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J. NOTICES. All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be
in writing and shall be deemed to have been given if delivered personally or enclosed in a
properly addressed envelope and deposited in a United States Post Office for delivery by
registered or certified mail addressed to the parties (deemed to have been received three (3)
business days after deposit in the U.S. Mail) at the following addresses:
CITY OF ATASCADERO 6907 El Camino Real
Atascadero, CA 33422
Attention. Warren Frace
Community Development Department
305/470-3486
wfrace@atascadero.org
Name of Consultant FirstCarbon Solutions - Michael Brandman
Associates (FCS-MBA)
2633 Camino Ramon, Suite 460
San Ramon, CA 34583
Attention: Jason Brandman
325/630-2333
jbrandrnan@brandman.corn
Each party may change the address at which it gives notice by giving ten (10) days advance,
written notice to the other party.
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K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on
behalf of Consultant warrant and represent that they have the authority to execute this
Contract on behalf of their agency and further warrant and represent that they have the
authority to bind Consultant to the performance of its obligations hereunder.
Executed to this day of Df , 2013 by the parties as follows.
Approved as to form: FIRSTCARBON SOLUTIONS m MICHAEL
BRANDMAN ASSOCIATES (FCS-MBA)
By:
Jarand 4n.
resi
Xt
Approved as to form: CITY OF ATASCA®ERO
By: By:
—Uj&k 4.
Brian Pierik, City Attorney Wade McKinney, City Manaer
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FirstCarbon Solutions- Michael Brandman Associates (FCS-MBA) -=
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
1 am aware of the provisions of Section 3700 of the 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 i have complied or will comply with such provisions before commencing the
performance of the work of this contract. (Cal. Labor C. §§1860, )
CONS TAN
an
V'
V' e e ' ent
CS A
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Eagle Ranch Specific Plan EIR Consultant
EXHIBIT A
Scope of Work
Eagle Ranch EIR (Phase 3)
Consultant, FirstCarbon Solutions - Michael Brandman Associates (FCS-MBA)has been
awarded the contract for the Eagle Ranch Environmental Impact Report. The Consultant
shall provide the following services to the City of Atascadero consistent with the agreed
upon scope of work. Any changes to the scope of work shall be approved by the City of
Atascadero in writing. Work is to be completed consistent with the work schedule provided
by the Consultant in Exhibit C of this contract. All tasks shall be completed to the
satisfaction of the City.
All work performed shall comply with the Scope of Work dated 4-11-13 for the Eagle Ranch
Project EIR here incorporated by reference. Services primarily consist of the following:
Summary of Scope of Work:
Task 1: Project Initiation
Task 2: Technical Studies
Technical Study: Visual Simulations (FCS-MBA)
Technical Study: Air Quality / Greenhouse Gas Analysis (FCS-MBA)
Technical Study: Type A Health Risk Assessment (FCS-MBA)
Technical Study: Biological Resources Study (FCS-MBA)
Technical Study: Jurisdictional Delineation (FCS-MBA)
Technical Study: Cultural Resources Analysis (Albion Environmental)
Technical Study: Fire Service Review (Citygate Associates)
Technical Study: Noise Analysis (FCS-MBA)
Technical Study: Transportation Analysis (W-Trans)
Technical Study: Water Supply Assessment / Peer Review Services (Wallace Group)
Task 3: Notice of Preparation and Scoping Meeting
Task 4: Administrative Draft EIR
Task 5: SCreencheck Draft EIR
Task 6: Draft EIR
Task 7: Administrative Final EIR
Task 8: SCreencheck Final EIR
Task 9: Final EIR
Task 10: Mitigation Monitoring and Reporting Program
Task 11: Findings /Statement of Overriding Considerations
Task 12: Notices
Task 13: Meetings/Hearings
Task 14: Project Management and Coordination
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Eagle Ranch Specific Plan EIR Consultant
EXHIBIT B
Compensation and Method of Payment
TOTAL
COST 4F CONTRACT NOT TO EXCEED $679,590.00
WITHOUT FRIORWRITTEN AUTHORIZATION FROM THE CITY F A ACDRO
Services will be conducted and rendered and the consultant shall be compensated on a
FIXED FEE Basis, not to exceed the contracted amount of $579,590. This fee includes
all items identified in the EIR Scope of Work (EXHIBIT A). All reimbursables are included
in the total contract amount of $579,590. All work will be billed monthly on a percentage of
completion of the approved scope of work.
The total contract fee is inclusive of all costs, including meetings, studies, field surveys, and
mapping, except as specifically noted below. Any additional services authorized by the City
of Atascadero, not included in the scope of services as defined by this contract, must be
approved in the form of a City of Atascadero Charge Order prior to performing additional
work. Payment will be made within 30 days after receipt and approval of invoice. Payments
to the contractor in excess of the contract amount of $ $579,590.00 will not be made unless
written authorization is executed prior to the date of the additional requested work. Any
charges incurred outside of these contract terms will not be authorized for payment.
C0NSULTA 7
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J0, Auran#rfian
,tic President
Fill�tC,06n Solutions - Michael Brandman Associates (FCS-MBA)
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Eagle Ranch Specific Plan EIR Consultant
The following is a breakdown of fees based on tasks consistent with Exhibit A (and
referenced Scope of Work) of this contract:
Task 3: P�t�;e�t tr€itiattt�rt � �4.5€��➢
Ta��-�chrricat Stdtties
Teohnical Study:Visual Sii uiatia (FCS--MBA) $25,000.
l. .
Technical Study.AW QLmlity;Greenhouse GAS Analysis(FCA BA� 4 U9,100 i
Technical Study:Type A.B"tth Posit Assess Ont(FCS-MBA) $8j500
J.
Technical Study:Biological Resources study{€ -MBAN
I Technical Study-Jurtsditional Delineation(Fi « 'BA} U8,500
I Technical Study.Whiral in sure Ana"s(Anion ironment-A) �µ..... ...,....._ � _..� .,w_M., $37,400
—---r.,.�................_.......... ..,,...__.._..._......
T nical Study:Fire Service Review(Citygate Assmates) . ..__ $2. 1,000.
Technical Study:Noise Analysis(FCS-MBA)
E
Technical Study: E ran' ation Ana.iZnYts'1.,. Tmns'
F({€E{( Techni.Jai Study-Water Supply mss ent/Peet review S ice €
$2,81600
(W atIace crtaup
Task a: NOU00 Of PrOparatidn and SWOng Meeting: $8.500
Tasic 4. AdminOrative Draft EER
Task _ Sbreemhft t Draft'EIR $24,W0
f
Ttisk 7: Ad ini,trat H661 EIR $23,006: _.
E Task f` Sttt;snchk Final EIR:
' {� '.
Task 9-. Final EIR $3500 1
t
Task.1.0.: Mitigation l ni�'tng-and Reporung.Program mm s $25-00 s.
4 Task ii: Findings/Statement of Overriding ConsideraWns d $7,500
TziSk 12: € gtice� $1,.
Task 1.3: MeetingsiMeearings $13,.Task U: Project Management and Coordinatfon: $25,000
5�t4
f
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9
F3itt.�F (i.e.,Printing, Std':t�'aVei:�'' ,.'� � $Z3,5t}0
r °
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k
TOTAL y{.�`i�y
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S
�900
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TOTAL
ep xx�wp,r�.�tm��p. �".` 1j uyrs EES W11714 }�.�e y� yg�y$ryk�e J open. .. ... ... .. $579,690
y s�:ry, �} i
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T:1-Contract Management\Eagie Ranch\EiR_MWEag[e Ranch EIR Contract.Phase I M BA.4_23_13.docx Page 115
Eagle Ranch Specific Plan EIR Consultant
Total Contract Amount: $57995WOO
Additional fee information:
1. A total of 130 hours of FCS-MBA staff time is assumed for responding to comments
on the Draft EIR. Additional time will be billed on a time-and-materials basis with
authorization from the City.
2. The City will be responsible for distribution of public review documents.
3. Costs have been allocated to tasks, based upon FCS-MBA's proposed approach.
During the work, FCS-MBA may re-allocate costs among tasks and/or direct costs,
as circumstances warrant, so long as the adjustments maintain the total price within
its authorized amount.
4. The FCS-MBA Project Manager will be the primary representative at the project
meeting and public hearing.
5. A 10% contingency fee has been included, which would go to fund unforeseen work
tasks during the EIR process. Use of these funds would be at the discretion of the
City in consultation with the project applicant. Written or email authorization from the
City shall be required prior to performing any work that requires use of this
contingency fund.
TA-Contract ManagerrenAEagle Ranch\EIR-MBA\EagIe Ranch EIR Contract.Phase 3.MBA.4-23-1 3.docx Page 16
Eagle Ranch Specific Plan EIR Consultant
EXHIBIT C
Eagle Ranch Specific Plan EIR - FCS-MBA Organization Chart
B
t 1
i
KEY:
FCS-MBA
_E Subconsuitant
6 a F
Jason Brandman
� C
Grant Gruber
PDave ¢Mit , Katie Wilson
Chryss Meier Dale Hameister Carrie Wills, MS Greg Tonkovich
Angela McIntire,JD
.
TRAAFF[O/ FIRE SERVICES
PORTATtON REVIEW
Albion W-TRANS Citygate Associates
Environmental Steve Weinberger, Stewart Gary
Clint Blount/ PE
Jennifer Farquhar
T:1-Contract ManagementEagle RanchUR_MBMEagle Ranch EIR Contract.Phase 3.MBA.4_23_13.doCX Page 117
Eagle Ranch Specific Plan EIR Consultant
EXHIBIT D
Schedule
Project Schedule
.:C Nw='
,.MEN
Project initiation and site visit;,initiate technical studies 4 �
f. Submit draft Notice of Preparation:to City/Applicant �,..N.,..-. S
.Receive City/Applicant comments on draft Notice of PTepaiation 4
Release Notice of Preparation; Begin30-day public review period
• .+....,»....e-...wro+row.w..'..+..n..._..__..-- ....--�vvnw..-,-....s�x.:+wvv«.w».xir_._
'
—J
End 0-day public review period.,-,Complete eWn(calstuid■es �
::wvwvwwwwww,wwm....m:. 8
..-•µ+w =+u+.+-..www..wr•..*w.•..+w++avw-.--ai.n.—:w. -'-w...wc..wav .. .• uwwrtw.,.nw...'..f wn.«xauwrw••w.r.:..x.yia+r .... ....
Submit'Administrative Draft EIR to City Applicant 14
ReCeive City/Applicant.Corn'ITents:tJfF.Adrr inistrative Orttift.EIR— 17
_.___...__....__.-.__�....�-..�,..�....,,..,�.«.W.....,,,,:..r...,...,..,..,.- . ........»,..»w.o ,.,«.,. .www
Submit Screen'�heck Draft EIR to City/Applicant 19
ReCeive City/Applicant comments In SCreencheck Dratt.EIR 21.
Release Craft EIR:Begin 45-day public review period 23
End 45-day public review period 29
Submit Administrative Final EIR to City/Applicant .�32W
Receive Cityr/ApplioantOomments.on.Administrative Final EIR 34
1
Submit ScreencheckFinatEIR, draft MMRFand.Findings/W0 to 36
a City/Applicant
Deceive City
,Applicant comments on Scree R., II' RP n
c eck Final Ef. 38
Release F€ 'I EIR and MMRP F40
'w
r Planning Corrimtssion and City Courwil,Meetings To Be Oetermined
The assumptions used in determining the above proJect schedure are.,
Assumes draft Specific Plan is avadable by week R'.
* The per€ocls shown assume a set amount of#me fi r the Cq's/appi~Iioan' r$view of each submittal,
If review schedules Bhangs,the alapred tide of other taste will be maintained.
Assumes al I teohnw.all rept will be,Completed and'deorned.adequate t`i eeR.10.
The review period for the l"OP will be.the State-mandabed SC days:
The review period for the EIR will W. the State-mandated:45 days.
T:1-Contract Management\Eagle Ranch6R_M8A\Eag1e Ranch EIR Contract,Phase 3.MBA.4_23_13.docx Page 118
Eagle Ranch Specific Plan EIR Consultant
EXHIBIT E
Insurance Requirements
INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents,representatives,employees,or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability,code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance,
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to
contain,the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of
the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or
borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers,official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty(30) days' prior written notice
by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VI I.
Verification of Coverage, Consultant shall furnish the City with a certificate of insurance showing maintenance of the
required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required
by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
Ta-Contract Managennent1agle Ranch\ElR_MBA1Eagle Ranch EIR Contract.Phase 3.MBA.4_23_13.docx Page 19