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06-0329_CHAMBERS GROUP INC_Action Reminder0 0 • CITY CLERK'S DEPARTMENT - ACTION REMINDER -01 r F DATE: March 15, 2007 SITUATION: -JFkfN-V)T-1CC 3A l(-(� lo -1 On March 29, 2006 the City of San Juan Capistrano entered into an agreement with Chambers Group, Inc. to retain the services of the Consultant regarding the City's proposal to provide environmental consultant services for the Recycled Water Master Plan Update. Said agreement commences March 29, 2006 Said agreement terminates March 30, 2007 ACTION REQUESTED: Please notify this office if said agreement has been extended or completed. ` ACTION TO BE TAKEN: le e --,d DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: "'FOR CITY CLERK'S DEPARTMENT USE ONLY"' Tickler Date: 03/15/07 Deadline Date: 03130/07 cc: Kathleen Springer, Acting Public Works Director 0 (600.301chambers) 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ ay of VVA'`� X006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and CHAMBERS GROUP, INC., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide environmental consultant services for the Recycled Water Master Plan Update. WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed no later than March 30, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall be for a not to exceed fee of Fourteen Thousand Nine Hundred ($14,900) as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City as set forth in Exhibit "A," attached and SD 1 0 0 incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Notwithstanding the payment terms outlined in Exhibit "A", Consultant shall submit monthly invoices based on total services, which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. i7 0 0 In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Consultant shall complete; the Scope of Services as set forth in the schedule included in Exhibit "A", attached and incorporated herein by reference. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. 3 0 0 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, and hold harmless City, its elected and appointed officials and employees from any and all liabilities, expenses or damages of any nature, including reasonable attorneys' fees, for injury or death of any person or damage to property or interference with use of property resulting from errors and omissions committed by Consultant arising from the negligent acts of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. 0 Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Clerk of the Board's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 5 0 0 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: Mike De Vore Chambers Group, Inc. 17671 Cowan Avenue, Suite 100 Irvine, CA 92614 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. A 0 0 This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: R. Monahan, City Clerk APPROVED AS TO FORM: John � 'Shaw, City Attorney 7 CITY OF SAN JUAN CAPISTRANO By: ck) � Dave Adams, City Manager CONSULTANT By:� Chambers(group, 0 qlchambers Group Inc: Environmental Services Biological Resources Cultural Resources Mr. Peter Salgado, Senior Civil Engineer City of San Juan Capistrano Public Works Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 December 14, 2005 (05-418) VIA EMAIL Subject: Proposal to Update the Initial Study/Mitigated Negative Declaration for the City of San Juan Capistrano Non -Domestic Water Master Plan Update Dear Mr. Salgado: Chambers Group, Inc. (Chambers Group) is pleased to submit this proposal for the above -referenced project. Chambers Group staff is very familiar with the City's 2000 Non -Domestic Water Master Plan (NDWMP) and the project vicinity. Sue Lamoureux, our proposed Project Manager for this project, prepared the existing Initial Study (IS)/Mitigated Negative Declaration (MND) in June 2001. Ms. Lamoureux also prepared the Domestic, Non -Domestic, and Brackish Water Well MND, the Desalter Facility MND, and the SC -04 South Connector Pipeline MND for the City. She also served as the Environmental Monitor for the installation of the SC -04 South Connector Pipeline Project. In addition, Chambers Group has provided numerous other California Environmental Quality Act (CEQA), biological resources, and cultural resources services to the City. Our proposal is based on our familiarity with the NDWMP, the project area, the City's Request for Proposal (RFP), and a phone conversation with Mr. Peter Salgado. It is our understanding that the City would like to update the IS/MND to reflect the 2005 NDWMP Update. We have also reviewed the 2004 Revision of the City's Local Guidelines for Implementing the CEQA. Due to the long-range, phased nature of the NDWMP, the 2001 IS/MND included a Mitigation Monitoring Plan with mitigation measures that required phased implementing actions throughout the life of the NDWMP. We believe that this approach is still valid. A key issue in the 2001 IS/MND was "CEQA Plus". CEQA Plus is required by the State Water Resources Control Board (SWRCB) — Division of Clean Water Programs for State Revolving Fund (SRF) Loan applicants. Because the SRF Loan Program is partially funded by the U. S. Environmental Protection Agency (EPA), the program is also subject to federal environmental regulations. In the past, full CEQA documentation usually satisfied the requirements of any federal agencies. EPA has now established CEQA Plus requirements to meet these federal regulations. EXHIBIT "A" Corporate Headquarters Inland Empire office San Diego Rom office 17671 Cowan Avenue, Suite 100 302 Brookside Avenue 12526 High Bluff Ddve, Suite 300 3100 MAI Street, Suite 100 Irvine, Caffomia 92614 Rediands, California 92373 San Diego, Colifumia 92130 Reno, Nevada 89502 (949)261-5414, Fax (949) 261-8950 (909)335-7066, Fax (9091,335-6318 (619)267-1497, Fax 858-792-3421 (775)323-3555. Fa. (775) 323-3554 SV 0 Mr. Peter Salgado December 14, 2005 Page 2 of 5 Briefly, CEQA Plus expands the CEQA process in several areas. 40 1. More extensive analysis of cultural resources is required to ensure compliance with Section 106 of the Historic Preservation Act. 2. More extensive analysis of biological resources is required to ensure compliance with Section 7 of the Federal Endanger Species Act. 3. More detail is required for the following EIR sections: Project Description - describe project objectives that qualify project for SRF funding and explain how objectives will be accomplished; Environmental Setting — describe relationship of project to other planning programs such as Water Quality Basin Plans, Watershed Management Plans, Area -wide Wastewater Treatment Plans, General Plans, Regional Transportation Plans, Regional Housing Allocation Plans, Air Quality Management Plans, Habitat Conservation Plans, Regional Land Use Plans, etc.; and • Impacts — describe primary and secondary impacts, both short-term and long-term, for all project components. 4. In addition to the 15 copies of the MND or Draft EIR sent to the SCH, the CVWD must send copies directly to the federally designated agencies. 5. More consultation with the federal agencies is required during preparation of the MND or Draft EIR, The CEQA Plus approach in the 2001 IS/MND for the NDWMP was deferral of more detailed environmental analysis to the appropriate phase of NDWMP implementation. For example, focused surveys for sensitive species would be necessary for project components planned for implementation in 2007. We also believe that this CEQA Plus approach is still valid for this 2005 Updated IS/MND for the 2005 NDWMP. Per a discussion with Mr. Salgado, the City will be providing CEQA Plus documentation separate from the Updated IS/MND. We believe that the phased mitigation and CEQA Plus is not "delayed" mitigation. Mitigation for the significant impacts associated with implementation of a NDWMP are well documented. We will identify project -phase specific mitigation measures as well as Standard Conditions of Approval (SCA), and Best Management Practices (BMP). SCOPE OF WORK Chambers Group has prepared a scope of work and cost estimate for this project based on the following basic assumptions: ➢ The updated analysis of the 2005 NDWMP in the IS will result in the preparation of an Updated MND. The preparation of an Environmental Impact Report (EIR) is not included in this scope. ➢ No technical or field studies will be prepared by Chambers Group at this time. Should the IS determine the need for these studies, we will notify the City and revise the scope, if necessary. ➢ The City will file all notices and pay for all fees associated with those notices. ➢ Chambers Group will provide up to three copies of the screen check IS/MND for the City's review and comment. ➢ Chambers Group will print up to 25 copies of the updated IS/MND and will provide an electronic version suitable for posting on the City's website. ➢ The Chambers Group will distribute the IS/MND to the State Clearinghouse (15 copies). The City will distribute copies to local libraries or other depositories of their choice. 0 Mr. Peter Salgado December 14, 2005 Page 3 of 5 Task 1 — Kickoff Meeting/Review of Existing Data 0 Within five working days after receiving notice to proceed, we will be prepared to meet with the City to discuss the project and receive all available project information. Chambers Group staff will review and evaluate the previously circulated IS/MND and update the IS/MND to reflect the 2005 NDWMP Update. It is understood that the City will prepare the updated exhibits and Chambers Group will update the text. Task 2 - Prepare Screencheck Updated IS/MND Chambers Group will update the NDWMP IS/MND to reflect the 2005 NDWMP Update. The updated IS/MND will conform the 2004 Revision to the City's CEQA Guidelines. Upon receipt of one (1) set of integrated comments on the Initial Study from the City, we will revise the IS/ND/MND accordingly. Chambers Group will coordinate and facilitate the circulation of the Updated IS/MND. Chambers Group will provide ten (10) copies of the document for internal and external distribution and fifteen (15) copies to the State Clearinghouse. Task 3 — Prepare Public and Agency Notices Chambers Group will prepare the following notices as required by CEQA: ➢ Notice of Intent to Adopt a (Mitigated) Negative Declaration ➢ Notice of Determination. The City will be responsible for filing these notices. One electronic copy of each notice will be provided to the City. It has been assumed that the City will pay any fees associated with these notices. Task 4 — Responses to Comments Chambers Group will prepare a memorandum for the record with the responses to all comments received on the Draft IS/MND. We have assumed that there will be a total of 8 letters, with an average of 4 comments each (32 comments total). Task 5 — Meetings In addition to the Kickoff Meeting described in Task 1, the Chambers Group Project Manager and/or other Chambers staff will attend two other meeting with City staff and one public meeting. It is assumed that the Chambers Group Project Manager will be available to answer questions on the environmental documentation. The preparation and/or presentation of a staff report on the project are not included in this scope of work. COST ESTIMATE The cost estimate to complete the above tasks for the updated IS/MND for the 2005 NDWMP is a fixed fee of $14,900.00. By task, the fee is: Task 1 $1,800.00 Task 2 $7,800.00 Task 3 $ 800.00 Task 4 $3,000.00 Task 5 $1,500.00 Total $14,900.00 0 Mr. Peter Salgado December 14, 2005 Page 4 of 5 (Dcharnbers Group Inc. STANDARD FEE SCHEDULE 2005 E HOURLY RATES CHAMBERS GROUP HOURLY RATES FOR PROFESSIONAL SERVICES AND SUPPORT CATEGORIES ARE INDICATED BELOW SUBJECT TO PERIODIC REVISIONS: Program Director $ 145.00 Sr. Project Manager $ 115.00 Project Manager $ 95.00 Principal Biologist/Botanist $ 125.00 Senior Biologist/Botanist $ 105.00 Staff Biologist/Botanist $ 85.00 Assoc. Biologist/Botanist $ 70.00 Asst. Biologist/Botanist $ 60.00 Principal Cultural Resources Specialist' $ 115.00 Senior Cultural Resources Specialist $ 95.00 Staff Cultural Resources Specialist' $ 75.00 Assoc. Cultural Resources Specialist' $ 55.00 Asst. Cultural Resources Specialist' $ 45.00 Principal Environmental Planner $ 125.00 Senior Environmental Planner $ 105.00 Staff Environmental Planner $ 85.00 Assoc. Environmental Planner $ 70.00 Asst. Environmental Planner $ 60.00 GIS Director $ 110.00 GIS Analyst 2 $ 93.00 GIS Analyst 1 $ 78.00 GIS Technician $ 58.00 Graphic Artist* $ 68.00 Project Controls Specialist*' $ 68.00 Technical Editor** $ 63.00 Word Processor** $ 55.00 Clerical** $ 45.00 *'For non-exempt employees in these categories, overtime hours are billed equal to one and one-half times their normal hourly rate. Includes Archaeologists, Architectural Historians, Paleontologists, and Historians. EXPERT DEPOSITION & TESTIMONY DEPOSITION & TESTIMONY Labor fees for litigation support with respect to depositions, presentations, and expert testimony will be billed at 2.0 times the normal hourly rate. SUBCONTRACTOR & OTHER DIRECT COSTS Subcontracted services and other direct costs to projects will be invoiced at cost plus 15%. COMMUNICATIONS & REPRODUCTION 0 0 Mr. peter Salgado December 14, 2005 Page 5 of 5 Charges for communications such as telephone, fax, postage, overnight delivery, courier services, and office equipment usage, and costs for binding materials and reproduction of reports, figures color photos and maps will be billed all inclusive at 3% of labor fees. SCHEDULE Chambers Group recognizes the demanding schedules facing implementation of public facilities. Chambers Group is ready to begin upon receiving a "Notice To Proceed" from the City. We have developed a preliminary schedule based on a start date of mid-January 2006. We will make every effort to accommodate any scheduling demands that the City may have. Project Initiation/Kickoff Meeting January 17 — 21 Review of Existing Data and Preparation of Screencheck Updated IS/MND January 24 — February 4 City Review of Screencheck Updated IS/MND February 7 —11 Preparation of Updated IS/MND for Public Review February 14 —16 30 -Day Public Review Period/Notice of Intent to Adopt an MND February 17 —March 18 Preparation of Responses to Comments March 21 — 25 Public Hearings April 2006 Notice of Determination April 2006 SUMMARY Chambers Group welcomes this new opportunity to again provide our environmental services to the City. Please feel free to contact me at (949) 261-5414 x 209 or email: slamoureux(&ambersoroupinc.com if you have any questions regarding our proposal, our company, or any other environmental issues. Sincerely, CHAMBERS GROUP, INC. S.& Susan D. Lamoureux Senior Program Manager 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www. sanjugncapi.strano. org March 29, 2006 Mike DeVore Chambers Group, Inc. 17671 Cowan Avenue, Ste 100 Irvine. CA 92614 Dear Mr. DeVore: IADRAORAIEO • (SIR ILISH 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE SATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A fully executed, original Personal Services Agreement related to environmental services for the Recycled Water Master Plan update is enclosed for your records. Thank you for forwarding documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project manager, Peter Salgado, Senior Civil Engineer (949) 443-6366. Clerk cc: Peter Salgado, Senior Civil Engineer Kathleen Springer, Acting Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future 6 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.saqluancopistrano.org March 28, 2006 Mike DeVore Chambers Group, Inc. 17671 Cowan Avenue, Ste 100 Irvine, CA 92614 Dear Mr. DeVore: ,/y IMOAVOAAf1A ' m eusem I 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A Personal Services Agreement related to environmental services for the Recycled Water Master Plan update is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Specifically, please forward the following: • Certificate of Insurance showing current compliance with requirements for Workers Compensation Insurance Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Peter Salgado, Senior Civil Engineer (949) 443-6366. Please call Maria Guevara, Deputy City Clerk (949) 443-6309 if you have questions regarding the forms of insurance needed. Thank you, Megyonagan, CMC Peter Salgado, Senior Civil Engineer Kathleen Springer, Acting Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future