HomeMy WebLinkAboutCC Item No. 13CITY OF
LADE LSIRORE
DREAM EXTREMEn
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: MARCH 23, 2010
SUBJECT: CONSULTANT SELECTION FOR MODIFICATION AND RE-
CIRCULATION OF THE ENVIRONMENTAL IMPACT REPORT (EIR)
FOR THE CITY OF LAKE ELSINORE GENERAL PLAN UPDATE,
HOUSING ELEMENT, DOWNTOWN MASTER PLAN, AND CLIMATE
ACTION PLAN
Background
On February 10, 2009, staff presented a report titled General Plan Update Discussion to
the City Council. This report noted that substantive revisions to the General Plan Land
Use Element as originally proposed would be required to accommodate the changes
requested by the public and the direction received from the Planning Commission and
City Council. The staff report also identified areas of the General Plan Update that
required final evaluation before they could be fully incorporated into the Update: the
Downtown Master Plan Neighborhood/District and Country Club Heights were the
primary areas discussed. After presenting this item, staff was also directed to make
modifications to lakefront parcels along Lakeshore Drive (Lakefront Residential) as well
as to evaluate the Pacific Clay area in the northern section of the City under a 4-6
dwelling unit per acre assumption. Subsequent to the presentation of this staff report, an
updated Traffic Analysis was completed to cover these changes. Additionally, staff
began work on the preparation of a Climate Action Plan and is also managing the
revision of the Housing Element.
Pursuant to Section 15088.5 (Recirculation of an EIR Prior to Certification) of the
California Environmental Quality Act Guidelines (2009), a lead agency is required to re-
circulate an EIR when significant new information is added to the EIR after public notice
is given of the availability of the draft EIR for public review (but before certification). The
extent of the proposed revisions to the General Plan Update made subsequent to its
initial preparation and circulation of the GPU Update (including the proposed inclusion
of plans, studies, land use categories, plan densities, and general plan elements not
previously subject to environmental evaluation) necessitates a substantive revision of
the original draft EIR.
AGENDA ITEM NO. 13
Page 1 of 19
Modification and Re-Circulation of the General Plan Update EIR Consultant Selection
March 23, 2010
Page 2
Discussion
In February of 2010, staff sent out a Request for Proposals (RFP) to prepare a
Modification and Re-Circulation of the EIR. Staff requested that the Plan include the
following:
1. Prepare a review draft of the modified/updated EIR document including all required
sections that are described in Article 9, Sections 15120-15132 of the CEQA
Guideline.
2. Attend up to six (6) public hearings/meetings these include but are not limited to
Planning Commission and City Council hearings/meetings.
3. Prepare responses to comments received during the EIR public review period.
4. Update mitigation monitoring and reporting program (MMRP) to ensure the
implementation of mitigation measures identified to reduce adverse environmental
effects.
5. Prepare a final Environmental Impact Report including comments and responses,
and a summary of any changes made to the draft EIR that were incorporated into the
final EIR.
6. Prepare a findings and statement of overriding considerations (if applicable).
The RFP was posted on the City website, and also mailed to appropriate consulting
firms. Staff received seven (7) proposals from consulting firms listed in the matrix below
(in order of cost).
Consultant . , ;
Locafion
Cost . .
*RBF Consulting
Temecula, CA
$35,990.50
Rincon Consultants, Inc.
Ventura, CA
$38,687
HDR
San Diego, CA
$63,709
Ho le-Ireland
Irvine, CA
$66,950
Chambers Group
Redlands, CA
$98,911
Munici al Resource Center
Mission Viejo, CA
$104,525
AECOM
San Diego, CA
$154,390
* Selected Consultant
Selection Criteria
While reviewing the submitted RFPs, staff employed the following factors to determine
the best qualified firm and most advantageous proposal to the City.
• A clear understanding that the City is seeking a streamlined and efficient approach
in updating and re-circulating the existing draft EIR in order to bring the General Plan
Update process to conclusion.
• Willingness and flexibility to attend multiple meetings and public hearings without
affecting the budget for the project;
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Modification and Re-Circulation of the General Plan Update EIR Consultant Selection
March 23, 2010
Page 3
• Experience with Environmental Impact Reports;
• Qualifications and number/quality of staff committed to the successful completion of
the project;
• A thorough cost matrix/estimate encompassing all related costs;
• Components and format to address the proposed scope of work;
• Cost estimate.
Many of the consulting firms that responded to the RFP exhibited experience and
dependability with the preparation of similar projects. Cost estimates from the most
qualified firms varied greatly given the general scope of work provided.
Staff recommends the selection of RBF Consulting as this firm demonstrated the ability
to provide the most advantageous program for the City in terms of cost, past experience
and a general understanding of the timeframe for completion. The proposal also
provided elements such as a full breakdown of associated costs, review of past
projects, and a clear project schedule. Furthermore, staff received very positive
feedback from reference checks conducted prior to selecting RBF. RBF's proposal has
been included in the agenda packet for reference.
Fiscal Impact
Associated costs for this project will be paid for by funds previously earmarked and
budgeted for the General Plan Update in the CIP budget. No additional funds are
required to supplement payment for this item.
Recommendation
Staff recommends that the City Council authorize the City Manager to enter into a
contract with RFB Consulting to prepare the City of Lake Elsinore Modification and Re-
Circulation of the General Plan Update EIR in an amount not to exceed $35,990.50.
Prepared by: Tom Weiner-To
Director of Community Development
Approved by: Robert A. Brady
City Manager
Attachments
1. Request for Proposals Document
2. Agreement for Professional Services
3. RBF Proposal
Page 3 of 19
Page 4 of 19
CITY OF g ^w_~R
LADE LSINORE
` DREAM E?(TREME.
REQUEST FOR PROPOSALS (RFP)
MODIFICATION AND RE-CIRCULATION OF THE
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE
CITY OF LAKE ELSINORE GENERAL PLAN UPDATE
Prepared By:
City of Lake Elsinore
Community Development Department
130 S. Main Street
Lake Elsinore, CA 92530
951-674-3124
www.lake-elsinore.org
SUBMITTAL DEADLINE: March 2, 2010 5 p.m.
Page 5 of 19
City of Lake Elsinore
RFP GPU EIR Modification/Re-circulation
Page 2
REQUEST FOR PROPOSALS
EIR Modification and Re-circulation
City of Lake Elsinore General Plan Update
The City of Lake Elsinore is located within Riverside County and recently completed a
cycle of tremendous growth in both the residential and commercial/industrial sector.
Picturesque mountains, Southern California's largest natural lake, and a strategic
location along Interstate 15 make Lake Elsinore unique. Year-round recreational
attractions and value for industrial expansion and new business are cornerstones of our
economic strategy. We offer quality of life through excellent schools, strong public
safety, a wealth of community services, and affordable quality housing. The City is
approximately 39 square miles and has a population of just over 50,000.
Scope
The modification to the existing General Plan Update (GPU) Environmental Impact
Report (EIR) will be prepared in accordance with CEQA and will concentrate on the
long-term environmental impacts of the GPU. A programmatic EIR is necessary to
evaluate potentially significant environmental effects of the GPU and to identify
strategies to avoid or mitigate significant environmental effects. A Draft Environmental
Impact Report for the GPU was completed in 2008. The EIR modification and re-
ant possible. SB 375. All three of the aforementioned projects are
and are in different stages of completion.
The City of Lake Elsinore is seeking a streamlined and efficient approach in updating
the existing GPU EIR in order to finalize the General Plan Update Process. At a
minimum, the scope of work for the Environmental Impact Report Supplement shall
include the following major components:
1. Environmental Impact Report
The consultant will prepare a review draft of the modified/updated EIR document. The
draft EIR will include all required sections that are described in Article 9, Sections
15120-15132 of the CEQA Guidelines. The consultant will provide an electronic file
(CD) and a PDF file compatible for placement on the City web site.
2. Attend Public Meetings
The consultant will be responsible for attending up to six (6) public hearings/meetings.
These include, but are not limited to Planning commission and City Council
meetings/hearings.
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City of Lake Elsinore
RFP GPU EIR Modification/Re-circulation
Page 3
3. Prepare Responses to Comments
The consultant will be responsible for recording/noting all comments and including a
summarization of comments in the EIR. The consultant will be responsible for preparing
written responses to comments received during the EIR public review period.
Comments and responses to comments are to be included in the EIR. In addition, the
EIR will include a list of persons, organizations, and agencies commenting on the EIR.
4. Update Mitigation and Monitoring Reporting Program (MMRP)
The consultant will update/prepare mitigation monitoring and reporting program to
ensure the implementation of mitigation measures identified to reduce adverse
environmental effects. The MMRP shall be included in the EIR as an appendix. The
consultant also will be responsible for preparing a PDF of the MMRP to be posted on
the City website.
5. Prepare a Final Environmental Impact Report
The consultant will prepare an electronic copy, as well as a quality hard copy, of the
final EIR, which will include comments and responses, and a summary of any changes
made to the draft EIR that were incorporated into the final EIR. The consultant also will
be responsible for preparing a PDF of the final report to be posted on the City website.
6. Prepare a Findings and Statement of Overriding Considerations (if applicable)
Proposed Schedule for Consultant Selection
RFP Issue Date: February 12, 2010
Closing Date for Proposals: March 2, 2010
Consultant Interviews: March 8, 2010 (week of)
Contract Approval (City Council): March 23, 2010
III. Schedule/ Project Timeline
Proposals must contain an estimated time schedule of actions covering the entire
process for completing modifications the Environmental Impact Report, including any
necessary outreach workshops, review periods, and noticing requirements. Each action
item must identify the applicable document, its action dates, and responsible parties.
While many factors exist that may result in modifications to the overall schedule, the
City of Lake Elsinore is seeking to expedite the process to the extent possible.
IV. Available Resources
The following can be found on the City website (www.lake-elsinore.org):
• Current Final Draft of the General Plan Update (text and district plans)
• Draft Housing Element Update
• Downtown Master Plan
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City of Lake Elsinore
RFP GPU EIR Modification/Re-circulation
Page 4
Background studies, existing draft and final EIR, and appendices are available on CD
and can be picked up at Lake Elsinore City Hall, 130 S. Main Street, Lake Elsinore, CA.
The CD can also be obtained by requesting a copy via U.S. Mail (please contact Kris
Herrington, Community Development Department, at 951-674-3124 ext. 289 ore-mail at
kherrinatonO-lake-elsinore.om). Unfortunately, this item cannot be e-mailed due to its
size.
V. EIR Preparation
The Consultant will be responsible for report preparation, reproduction of twenty (20)
copies (folders), and two (2) reproducible copies of the final report. The inclusion of
graphics, maps and tables within the Report is highly encouraged. These graphics,
maps and tables along with the original diskettes, acquired documents and computer
models developed for purposes of completing this proposal, will become the property of
the City upon completion of the project. It is preferred that all components of the Report
be completed in Word and excel format.
VI. Proposal Submittal
Proposals must be submitted in (2) hard copies no later than March 2, 2010 5:00 P.M
and addressed as follows:
Tom Weiner, Director of Community Development
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
VII. Questions
Questions regarding the RFP document should be directed to Tom Weiner, Director of
Community Development (tweiner(@Iake-elsinore.oro) 951-674-3124 ext.270. Proposals
will be deemed acceptable for review based on firm experience, understanding of the
project and the City, references, project personnel, and budget.
Page 8 of 19
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement"), dated for identification
purposes only as of by and between the City of Lake Elsinore, a municipal
corporation ("City") and ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services
which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge
to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional consulting services and related work
as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described on Exhibit A which is
attached hereto and incorporated herein by reference. Consultant shall provide said services at the
time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of this
Agreement and shall continue for a period of years, subject to annual review by the
City Council.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $ without
additional authorization from the City Manager. Payment by City under this Agreement shall not be
deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days
after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City requests 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. Extra work will be
invoiced separately from services performed in accordance with the Scope of Services.
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6. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thirty (30) days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and
for Consultant, its officers, employees and agents and subcontractors in the course of implementing
this Agreement, except working notepad internal documents, shall become the property of the City
upon payment to Consultant for such work, and the City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other
writings to City upon written request. City acknowledges that any use of such materials in a manner
beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further
agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees
and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or
indirect (including any and all costs and expenses in connection therein), arising out of the City=s
use of such materials in a manner beyond the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive 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 or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require that all subcontractors agree in writing that City is granted a
nonexclusive and perpetual license for any Documents & Data the subcontractor 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 provided
to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at
any time, provided that any such use not within the purposes intended by this Agreement shall be at
City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other Documents &
Data either created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of the
services under this Agreement. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the services under this Agreement. Nothing furnished to
Consultant which 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 relating to project for which Consultant's services are rendered, or any publicity
pertaining to the Consultant's services under this Agreement in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent
of City.
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8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above-named officers, require that custody of the records be given to
the City and that the records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or
Consultant's successor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may
have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Consultant's services hereunder. Consultant further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of
information, advice, recommendation or counsel independent of the control and direction of the City
or of any City official, other than normal agreement monitoring; and
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b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11. Professional Ability of Consultant. City has relied upon the professional training and ability
of Consultant to perform the services hereunder as a material inducement to enter into this
Agreement. Consultant shall therefore provide properly skilled professional and technical personnel
to perform all services under this Agreement. All work performed by Consultant under this
Agreement shall be in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant
to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any
licenses, permits, insurance and approvals which are legally required of Consultant to practice its
profession.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers,
officials, agents, employees and volunteers from and against any and all claims, demands, actions,
losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement, except for any such claim arising out of the sole
negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California. In addition, Consultant shall
require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the -State of
California for all of the subcontractor's employees. Any notice of cancellation or
non-renewal of all Workers' Compensation policies must be received by the City at
least thirty (30) days prior to such change. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
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either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the
Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an
amount of not less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance shall not
be less than two hundred and fifty thousand dollars ($250,000) on a claims-made
annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall
be with insurers possessing a Best=s rating of no less than ANN and shall be endorsed with the
following specific language:
i The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insureds with respect to liability arising out
of work performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability
of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its elected or appointed officers, officials, employees,
agents, or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
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C. Deductibles and Self-hnsured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the City's option, Consultant shall demonstrate
financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during
the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other
party at the address set forth below. Notice shall be deemed communicated within 48 hours from the
time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant:
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City
for entering into this Agreement is the professional reputation, experience and competence of
Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City
for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations
of the Consultant under this Agreement will be permitted only with the express consent of the City.
Consultant shall not subcontract any portion of the work to be performed under this Agreement
except as provided in Exhibit D without the written authorization of the City. If City consents to
such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those
subcontractors. Nothing in this Agreement shall create any contractual relationship between City and
any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the
payment of any monies due to any such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
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21. Severabilitv. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by
the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out
of this Agreement through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree
upon a mediator, the dispute shall be submitted to JAMS/ENDISPUfE C'JAMS') or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall
have the option to strike two of the five mediators selected by JAMS and thereafter the mediator
remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may
commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least one
copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not
be necessary to produce or account for more than one such counterpart.
26. 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 to bind each respective party.
27. 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. 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.
28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, 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.
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set
forth below.
"CITY"
CITY OF LAKE ELSINORE,
a municipal corporation
Dated: 2010 By:
Robert A. Brady, City Manager
ATTEST:
Carol Cowley, Interim City Clerk
APPROVED AS TO FORM:
Leibold, McClendon & Mann, P.C.
Barbara Leibold, City Attorney
"CONSULTANT"
Dated: 2010 By:
Attachments: Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - List of Sub-Contractors
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EXHIBIT "A"
SCOPE OF SERVICES
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EXHIBIT "B"
SCHEDULE OF CHARGES
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EXHIBIT "C
LIST OF SUBCONTRACTORS
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