HomeMy WebLinkAbout2005-420
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61 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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9 the City retain Terra Nova Planning & Research, Inc. to prepare an Environmental Impact
10 Report. Terra Nova Planning & Research, Inc. is competent, experienced, and able to perform
RESOLUTION NO.
2005-420
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT FOR SERVICES WITH TERRA NOVA PLANNING & RESEARCH,
INC. FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING
SERVICES.
SECTION 1. Lowe's is processing a home improvement project and has requested that
11 said services based upon previous experience in the City of San Bernardino. Pursuant to this
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determination, the Purchasing Manager is hereby authorized and directed to issue a Purchase
Order for said services to Terra Nova Planning & Research, Inc.
The Mayor is hereby
authorized and directed to execute an Agreement for Environmental Consulting Services; a copy
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of which is attached hereto (Attachment A) and incorporated herein.
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SECTION 2. The authorization to execute the above referenced Purchase Order and
Agreement is rescinded if they are not signed and issued within sixty (60) days of the passage of
this resolution.
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2005-420
1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
2 AGREEMENT FOR SERVICES WITH TERRA NOVA PLANNING & RESEARCH,
INC. FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING
3 SERVICES.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
meeting thereof, held
on the
day of December
, 2005, by the following vote, to wit:
19th
Council Members:
NAYS
ABSTAIN
ABSENT
AYES
9 ESTRADA
10 LONGVILLE
x
x
11 MC GINNIS
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x
DERRY
x
KELLEY
x
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JOHNSON
x
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Approved as to
23 form and legal content:
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MC CAMMACK
x
(2. p J._~Ll2 L0Ut.k_
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The foregoing resolution is hereby approved this J,y".daay of December ,2005.
?"jV-.'-'-
Neil Derr},JMayor Pro Tern
City of San Bernardino
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N.~_. 1. 6~--.----
es F. Penman
ty Attorney
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. 2005-420
ATTACHMENT A
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
This AGREEMENT is made and entered into this o-Y~y of December, 2005, by and
between Terra Nova Planning & Research, Inc. ("Contractor") and the CITY OF SAN
BERNARDINO ("CITY").
WITNESSETH:
A. WHEREAS, CITY has need for environmental consulting services within the
City and,
B. WHEREAS, CONTRACTOR is competent and able to perform said services,
and,
NOW, THEREFORE, the parties hereto agree as follows:
1. CONTRACTOR shall furnish environmental consulting services to
CITY regarding a proposed 135,000 square foot home improvement
center with a 31,500 square foot outdoor garden center on approximately
10.5 acres, and an adjacent 3.9 acres proposed for future development of
30,000 square feet of retail and 6,000 square feet of restaurant uses located
at the southwest comer of Hallmark Parkway and University Parkway, in
accordance with Attachment A-I.
2. Over the term of this Agreement, CONTRACTOR shall be paid for such
services an amount not to exceed $115,000, in accordance with
Attachment A-I.
3. CONTRACTOR shall provide the Director of Development Services
with a monthly statement of hours worked in arrears and shall be provided
payment within thirty (30) days therefrom. CITY retains the right to
challenge all or any part of the statement.
4. The term of this Agreement shall be from December 19,2005 until
December 19,2006 or until completion of the project, whichever comes
first. This Agreement may be terminated by two weeks written notice for
any reason, by either party.
5. CONTRACTOR shall indemnify, defend and hold CITY, its officers,
employees and agents harmless from any claim, demand, liability, suit,
judgement or expense (including, without limitation, reasonable costs of
defense) arising out of or related to CONTRACTOR'S performance
under this Agreement, except that such duty to indemnify, defend and hold
harmless shall not apply where injury to person or property is caused by
CITY'S willful or sole negligence.
2005-420
Terra Nova Planning & Research, Inc..
Agreement For Services
Attachment A Page 2 of3
6. CONTRACTOR shall perform work tasks as directed by the Director of
Development Services or his designee, but for all intents and purposes
CONTRACTOR shall be an independent contractor and not an agent or
employee of the CITY and, as such, shall not be entitled to any benefits,
including but not limited to, medical insurance, retirement and workers'
compensation.
7. CONTRACTOR understands and agrees that as the City's environmental
consultant, CONTRACTOR shall maintain fiduciary duty and a duty of
loyalty to the City in performing CONTRACTOR'S obligations under
this Agreement. CONTRACTOR shall not meet, discuss, or otherwise
communicate with any owner or developer of the subject property or with
any of their employees, agents, contractors, or consultants, with regard to
CONTRACTOR'S performance as described in Attachment A-I.
8. In the performance of this Agreement CONTRACTOR shall not
discriminate on the basis ofrace, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
9. Any notice to be given pursuant to this Agreement shall be deposited with
the United States Postal Service, postage prepaid and addressed as
follows:
To the City: James Funk
Director of Development Services
300 North "D" Street
San Bernardino, CA 92418
To the Contractor: Nicole Sauviat Criste
Terra Nova Planning & Research, Inc.
400 South Farrell, Suite B-205
Palm Springs, California 92262
Nothing in this paragraph shall be construed to prevent the giving of
notices by personal service.
10. CONTRACTOR shall maintain insurance policies meeting the minimum
requirements set forth herein. All insurance maintained by the
CONTRACTOR shall be provided by insurers satisfactory to the City.
Certificates evidencing all insurance coverage required herein shall be
delivered to the City prior to the CONTRACTOR performing any of the
services under this Agreement. All insurance certificates required herein
shall name the City as an additional insured and provide for thirty (30)
days written notice from the insurer to the City prior to cancellation or
amendment of any insurance policy of the CONTRACTOR.
2005-420
Terra Nova Planning & Research, Inc..
Agreement For Services
Attachment A Page 3 of3
A. Comprehensive General Liabilitv and Automobile Insurance - The
CONTRACTOR shall maintain comprehensive general liability
and automobile liability insurance with a combined single limit of
not less than One Million Dollars ($1,000,000.00) per occurrence.
B. Worker's Compensation Insurance - The CONTRACTOR shall
maintain worker's compensation insurance in accordance with the
laws of the State of California for all workers employed by the
CONTRACTOR.
11. CONTRACTOR shall obtain and maintain a valid City Business
Registration Certificate during the term of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and date first above shown.
Date: J 1..0 ( 0("
CITY OF SAN BERNARDINO
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By:
Neil Derry, Mayor Pro Tem
City of San Bernardino
Approved as to form
And legal content:
James F. Penman,
City Attorney
By:
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2005-420
ATTACHUENT A-I
Terra Nova/City of San Bernardino
Lowe's Environmental Impact Report/l 1129/05
PRELIMINARY SCOPE OF WORK
PLANNING SERVICES
LOWE'S HOME IMPROVEMENT CENTER ENVIRONMENTAL IMPACT REPORT
Understanding of the Project
The City of San Bernardino has received an application for a Lowe's Home Improvement Warehouse to
be located at the southwest comer of Hallmark Parkway and University Parkway. The project site
consists of multiple parcels totaling 14.14 acres. The parcels are currently vacant. An AMlPM mini-
market and gas station currently occur immediately adjacent to the site, at the comer of Hallmark
Parkway and University Parkway. The site has been impacted, and is not known to occur in critical
habitat for any species of concern. Improvements on the site will consist of approximately 135,000
square feet of building under roof, and an additional 31,500 square feet of outdoor garden center on
approximately 10.5 acres. Two out-parcels proposed for future commercial development, including
30,000 square feet of retail and 6,000 square feet of restaurant uses, although no specific users have
been identified at this time. Associated parking and landscaping is also proposed.
The City has determined that the scope of the project will require the preparation of an Environmental
Impact Report (EIR). The City has requested that Terra Nova prepare a scope of work for the EIR.
It is understood that the proposed project occurs in an area which is currently impacted by high daily
vehicle trips, and that improvements are required, particularly to the Interstate 215 interchange at
University Parkway, to alleviate these impacts.
Scope of Work
The following briefly describes, on a categorical basis, the services to be provided by Terra Nova. The
tasks have been broken down into discrete subtopics ranging from research and consultations, through
CEQA review and preparation of the Draft and FinalEIR, assistance in the preparation of staff reports
and presentations at public hearings, and administrative support.
>- Review all data and information available from applicant, City and Terra Nova, and determine
other information needed to prepare baseline environmental materials. This task will be
accomplished primarily by Terra Nova staff, in cooperation with City staff and applicant;
>- Develop a comprehensive project description, in cooperation with applicant and project architect
and engineer. Secure site plans and other exhibits which illustrate the full scope of development;
>- Prepare appropriate base maps to establish a common mapping reference for all environmental
analysis. The source of mapping will include the City General Plan, USGS quad map, and other
maps. Aerial photos will also be secured for use by consultants and inclusion in the EIR;
>- Establish firm project work schedules with City staff to assure a logical and orderly
development, drafting and review of the project description, development alternatives and
supporting information;
. 2005-420
Terra Nova/City of San Bernardino
Lowe's Environmental Impact Report/ll/29/05
Y Prepare the CEQA Initial Study, Addendum, and Notice of Preparation (NOP) on the project and
submit to City for review and approval. Based on City comments, alter the NOP and transmit
NOP to the State Clearinghouse, City departments, public utilities and other responsible parties
and agencies. Terra Nova shall also prepare other appropriate CEQA related Public Notices and
other CEQA documentation throughout the process. Notices will be delivered to City for
publication, and City will be responsible for publication;
y Contract for and manage biological resource report for project site. The analysis shall include a
general biology study, including records search and field investigation. No special studies are
included in this proposal. Should special studies be required, budget amendment shall be secured
in writing prior to initiation. The findings of the biological resource study shall be integrated into
the EIR document;
y Contract for and manage CMP compliant traffic study for project site. The analysis shall tier off
the analysis performed for the Culligan site, and shall be coordinated closely with the City's
traffic engineer. Up to 8 intersections will be analyzed. Should the City require additional
analysis, amendments to the attached scope of work will be required. The findings of the traffic
study shall be integrated into the EIR document;
y Coordinate with City staff and traffic consultant and prepare air quality analyses on proposed and
alternative projects, including analysis of moving and stationary emissions, as well as
construction emissions associated with project buildout, in conformance with the South Coast
Air Quality Management District (SCAQMD) Environmental Handbook and applicable regional
Air Quality Guidelines;
y Research, document and map environmental resources and hazards for integration into the
Program EIR. Research shall tier off Hillwood EIR currently under way;
y Conduct comprehensive document drafting, complete the draft EIR, evaluating the proposed
project, two land use alternatives (including one off-site alternative), and a No Project
alternative. City staff shall review the screencheck/administrative draft of EIR prior to
transmittal.
y Prepare Notice of Completion and transmit fifteen copies of the Draft Program EIR to the State
Clearinghouse, as well as to City departments and other interested parties and agencies for public
comment. Transmittal shall be by traceable means (UPS) with a public comment period of 45
days;
y Prepare Notice of Availability in conformance with Government Code and City requirements
and submit to City for publication;
y Collect comments on Draft Program EIR and prepare responses to comments. Terra Nova will
restate comments on the draft EIR and shall prepare responses to comments on the Draft EIR,
conferring with City staff before finalizing responses. Terra Nova and City staff shall work
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. Z-005-420
Terra Nova/City of San Bernardino
Lowe's Environmental Impact Reportl11/29/05
cooperatively in the completion of Final EIR documentation; any necessary findings of
overriding consideration would be developed by Terra Nova;
~ Upon completion of the Final EIR, Terra Nova shall transmit this document to all commenting
agencies/parties, as well as to those who have requested a copy from the City;
~ Terra Nova shall confer with City and will be responsible for the preparation of the
environmental section of staff reports and other materials to accompany documents to be
provided to the DERC, Planning Commission and/or City Council prior to consideration of the
project at respective public hearings;
~ Terra Nova and City staff shall work cooperatively in the presentation of the Draft and Final
EIR;
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Terra Nova/City of San Bernardino
Lowe's Environmental Impact Report/I 1/29/05
PRELIMINARY BUDGET
PROJECT BUDGET
LOWE'S HOME IMPROVEMENT WAREHOUSE EIR
Budget Item
Amount
Consultation:
Consultation/Meetings (City, applicant & others)
Field Surveys, Data Collection & Analysis
Draft EIR Documentation and Drafting
Final EIR Documentation and Drafting (up to 40 hours)
Preparation & Transmittal of Initial Study, Nap, NOC,
Public Notices, Statement of Overriding Considerations, etc.
Administrative Support: Transmittal of Nap, EIR, etc.
Staff reports, public meetings and hearing (up to 32 hours)
Subtotal
Special Tasks
*Includes Terra Nova staff hours and subcontract management, analysis, and documentation.
Three Land Use Alternatives/Analysis (including one off-site)
Special Studies Management
(Hydrology, geotech/soils to be provided by
applicant, and corrected at their expense)
Traffic Impact Analysis
Air Quality Impact Analysis
General Biological Resources Study
Subtotal
$ 5,000.00
$ 5,500.00
$ 28,250.00
$ 5,000.00
$ 6,600.00
$ 3,000.00
$ 4,000.00
$ 57,350.00
$ 9,050.00
$ 3,960.00
$ 19,700.00
$ 5,500.00
$ 7,500.00
$ 45,710.00
Reimbursables: I
CAD Drafting and Misc. Exhibit Preparation $ 3,500.00
Miscellaneous Printing2 $ 1,000.00
DEIR/FEIR Document Printing (5 screencheck,50 DEIR, 25 FEIR) $ 5.000.00
Misc. Office: Postage, telephone, FAX, photocopies, etc. $ 2,000.00
Subtotal $ 11,500.00
Total $ 114,560.00
I. Reimbursables are estimates and will be billed on a cost basis.
2. Includes printing of Notices of Preparation, Initial Study and Notices of Completion.
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2005-420
Terra Nova/City of San Bernardino
Lowe's Environmental Impact Report/11129/0S
r- ..,
..... ...oIIIl TERRA NOVA PLANNING & RESEARCH, INC.
400 S. FARRELL DR., SUITE B-205
PALM SPRINGS, CA 92262
STANDARD FEE SCHEDULE
2005
Terra Nova invoices its clients on a cost-basis using an hourly billing system. The scope of each
planning effort is typically broken down by task and assigned estimated necessary staff time and the
applicable hourly rate for that staff member. All payments for services rendered are to be made payable
to Terra Nova Planning & Research, Inc. unless otherwise indicated. Clients are invoiced on a monthly
basis, and invoices are due and payable upon receipt. A charge of 1.5% per month is added to all
invoices over 30 days past due. The current fee schedule is provided below:
Terra Nova Staff Hourly Rate
Principal Planner $ 125.00
Senior Planner $ 11 0.00
Associate Planner $ 95.00
Assistant Planner $ 85.00
Senior Engineer $ 125.00
Associate Engineer $ 95.00
Senior Architect $ 125.00
Associate Architect $ 85.00
Senior Biologist $125.00
Design Principal $95.00
Media Specialist $85.00
Computer Aided Drafting $55.00
Draftsman $35.00
Administrative Assistant $40.00
Secretarial Services $25.00
REIMBURSABLES
Photo Copies
Blueprints/Xerox
Computer Plotter
Telephone Toll Charges
FAX Transmittals
Reproduction, Special photographic services, document
printing, aerial photogrammetry, postage, etc. etc.
$0.1 0 ea.
$0.30/sq. ft.
$15.00/Hr.
Cost
Cost
Cost + 15%.
5
2005-420
ATTACHNENT B
September 27,2005
City of San Bernardino
Development Services Department
300 North "0" Street
San 8t7trlaidiiK"I, CA 92418-001
Attn: Mr. James Funk, Director
Ms Valerie C, Ross
Mr. Aron Liann
Re'lowe's Home Improvement ProJect- EIR Process
Dear Mr. Funk
We respectfully requesllhat Terra Nova PlannIng and Research be selected 10 prepare the lowe's
EIR. The project planner. Ms Nicole Crisle with Terra Nova IS extremely knowledgeable with
environmental issues affecting the impact area including traffic, air quality and other enVIronmental
sensitive matters. Please advise me as to items if any need to be forward to your department. My
direct number is (760) 805-5314.
Respectfully submitted,
. I .
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AI Montes
Site Development Man,1ger
Cc: f;le, Ari Miller, Steve Gale. Judy DaVIdoff
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1 :-iJO F,'H.,ldiJy J\vc;'lue, SUIte 140, CL1r1sbad, C/\ 92008
Phone 760-804-5300
hlX: 7606021018
. 2005-420
CERTHOLDER COPY
SK
STATE
COMPENSATION
INSURANCE
FUND
PO. BOX 420807, SAN FRANCISCO,CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 01-25-2006
GROUP:
POLICY NUMBER: 1097491-2005
CERTIFICATE 10: 49
CERTIFICATE EXPIRES: 09-01-2006
09-01-2005/09-01-2006
CITY OF SAN BERNARDINO
300 NORTH 0 STREET
SAN BERNARDINO CA 92418
SK
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the poiicy period indicated.
This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to ail the terms. exclusions, and conditions. of such policy.
Q:::-",,,,,,,,,,
EMPLOYER'S LIABILITY LIMIT
~
PRESIDENT
INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - ~OHN D. CRISTE,PRES,SEC, TREASURER - EXCLUDED.
ENDORSEMENT #1600 - NICOLE S. CRISTE, VICE PRESIDENT - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2001 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
TERRA NOVA PLANNING & RESEARCH,INC.
400 S FARRELL DR STE B205
PALM SPRINGS CA 92262
SK
IREV.2-05)
[GJS,CN]
PRINTED 01-25-2006
CERTIFICATE OF INSURANCE
o STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
rgJ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
o STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
o STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
o STATE FARM LLOYDS, Dallas, Texas
insures the following policyholder for the coverages indicated below:
This certifies that
"ATI ,...
A
INIU.AN<\
Policyholder
Address of policyholder
Location of operations
Description of operations
TERRA NOVA PLANNING AND RESEARCH, INC.
400 S FARRELL DRIVE, SUITE B-205, PALM SPRINGS, CA 92262
SAME
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the terms, exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims.
POLICY NUMBER
90-63-8797-9
POLICY PERIOD
Effective Date : Expiration Date
Comprehensive 09/15/05 09/15/06
Business Liability 09/15/05 , 09/15/06
-c~f p'roducis' :Compl;lted Operatio-ris - -.. - - - - - - - -. - - - -. - -.. - -...
o Contractual Liability
o Personal Injury
o Advertising Injury
o
o
o
TYPE OF INSURANCE
This insurance includes:
EXCESS LIABILITY
o Umbrella
o Other
POLICY PERIOD
Effective Date : Expiration Date
POLICY PERIOD
Effective Date : Expiration Date
Workers' Compensation
and Employers Liability
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Effective Date : Expiration Date
01/13/06 : 01/13/07
V85 4787-A13-55H
AUTOMOBILE
LIMITS OF LIABILITY
(at beginning of policy period)
BODILY INJURY AND
PROPERTY DAMAGE
Each Occurrence
$1,000,000
General Aggregate
$ 2, 000, 000
Products - Completed $
Operations Aggregate
BODILY INJURY AND PROPERTY DAMAGE
(Combined Single Limit)
Each Occurrence $
Aggregate $
Part 1 - Workers Compensation - Statutory
Part II . Employers Liability
Each Accident $
Disease - Each Employee $
Disease. Policy Limit $
LIMITS OF LIABILITY
(at beginning of policy period)
$ 1,000,000.00 CSL
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder
ADDITIONAL INSURED:
CITY OF SAN BERNARDINO
300 NORTH D STREET
SAN BERNARDINO, CA 92418
558.994 a.5 Rev.11-08-2004 Printed in U.S.A.
If any of the described policies are canceled before
their expiration date, State Farm will try to mail a
written notice to the certificate holder 30 days before
cancellation. If however, we fail to mail such notice,
no obligation or liabi 'ty will be imposed on State
Far r its a ents r pr e t ives.
Signature of
AGENT/OW
Title
GEORGE STETTLER
Agent Name
Telephone Number 760-770-0700
Agent's Code Stamp
Agent Code 55-8863
AFO Code F422
01/24/06
Date