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· CITY OF SAN BERI \RDI~REQUEST. DR COUNCIL ACTION
From: Larry E. Reed, Director Subject: Contractural Services Resolution
to Prepare a Focused Environmental
Dept: Planning and Building Services Dept. Impact Report for Tentative Tract
14112
Date: December 12, 1989
Synopsis of Previous Council action:
No previous Council action.
Recommended motion:
Adopt Resolution.
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Larry Reed
Director
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Signature
Contact person:
Larry Reed
Phone: (714) 384-5057
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
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. CITY OF SAN BERt .RDINO - REQUEST L JR COUNCIL ACTION
STAFF REPORT
SUBJECT:
A RESOLUTION FOR CONTRACTUAL SERVICES WITH THE
PLANNING CENTER TO PREPARE A FOCUSED
ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE
TRACT NO. 14112, COMMONLY CALLED
STERLING HEIGHTS
REQUEST:
The Planning Department requests the Mayor and Common Council
to adopt a resolution to enter into a contractual agreement
with The Planning Center for the purpose of preparing a
focused Environmental Impact Report.
BACKGROUND:
Tentative Tract No. 14112 is a proposal to subdivide 50.51
acres of land located in the Hillside Management Overlay
District, northwest of the intersection of Sterling and
Foothill. An Initial Study for environmental review was
prepared by staff and presented to the Environmental Review
Committee (ERC) on September 14, 1989. The Environmental
Review Committee determined a focused Environmental Impact
Report was necessary.
On October 2,
the Planning
California.
however, that
1989.
1989, a Request For proposal (RFP) was sent by
Department to 49 consulting firms throughout
Response was requested by October 23, 1989,
deadline was extended two weeks to November 5,
Two proposals were received by the city. Based on those
proposals The Planning Center in Newport was selected.
RECOMMENDATION:
Staff's recommendation is to authorize the Mayor to execute
an agreement with The Planning Center.
Prepared by:
Sandra Paulsen
ATTACHMENTS:
A. Resolution for contractual services with
The Planning Center
1. Contract for contractual services with The
Planning Center
75-0264
/nm
M&CCAGENDA:EIRTT14112
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE PLANNING CENTER TO PREPARE A
3 FOCUSED ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE TRACT NO.
14112, COMMONLY CALLED STERLING HEIGHTS.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City an Agreement with The Planning
8 Center, to prepare a focused Environmental Impact Report for
9 Tentative Tract No. 14112, commonly called "Sterling Heights", a
10 copy of said agreement is attached hereto, marked Exhibit "1",
11 and incorporated herein by reference as fully as though set forth
12 at length.
13
SECTION 2.
The authorization to execute the above-
14 referenced agreement is rescinded if the parties to the
15 agreement fail to execute it wi thin sixty (60) days of the
16 passage of this resolution.
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernardino at a meeting thereof, held on the
20 day of , 1990, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
22 ESTRADA
REILLY
23 FLORES
MAUDSLEY
24 MINOR
POPE-LUDLAM
25 MILLER
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City Clerk
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HE/dys
December 21, 1989
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1 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
PLANNING CENTER TO PREPARE A FOCUSED ENVIRONMENTAL IMPACT REPORT
2 FOR TENTATIVE TRACT NO. 14112, COMMONLY CALLED STERLING HEIGHTS.
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The foregoing resolution is hereby approved this
day
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of
, 1990.
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6
W. R. Holcomb, Mayor
7 City of San Bernardino
8 Approved as to
form and legal content:
9
JAMES F. PENMAN,
City Attorney
By: ~~ 1,fe~~VVl
o
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HE/dys
December 21, 1989
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AGREEMENT
THIS AGREEMENT, entered into this 8th day of
Januarv 1990 by and between the CITY OF SAN
BERNARDINO, a municipal corporation (hereinafter
referred to as "city"), and the Planning Center, a
California corporation, whose address is 1300 Dove
Street. Newport Beach. CA (hereinafter referred to as
"Consultant"), is made with reference to the following:
R E C I TAL S
WHEREAS, the City is a municipal corporation duly
organized and validly existing under the laws of the
State of California with the power to carryon its
business as it is now being conducted under the Statutes
of the State of California and the Charter of the city.
WHEREAS, the City and Consultant desire to enter
into an agreement for consultant services for the
preparation of an Environmental Impact Report
(hereinafter referred to as a Focused "EIR") on the
Sterlinq Heiqhts project upon the terms and conditions
herein.
WHEREAS, Consultant declares that he shall perform
the services herein contemplated in compliance with
Federal and California laws, including but not limited
to minimum hours and wages, fair employment, and
occupational safety and health, to the extent same are
applicable herein.
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1. TERM.
The term of this Agreement shall commence on the
8th day of Januarv. 1990. and shall terminate
on the 2nd day of April 1990 unless terminated
earlier as set forth herein.
2. SERVICES TO BE PERFORMED BY CONSULTANT.
Consultant shall prepare a legally adequate EIR on
the Sterlinq Heiqhts (Tentative Tract 14112) project
as described in the request for proposal, attached
hereto as Exhibit "A" and incoporated herein bv
reference.
The Consultant shall submit twelve ~ typed copies
of a preliminary Draft EIR to city for approval on or
before 8 weeks from authorization to proceed.
Contractor shall submit sixty (60) copies of the
approved Draft EIR on or before two weeks from
transmittal by City of comments on the preliminary Draft
EIR. Consultant shall prepare responses to comments on
the Draft EIR and submit them for City review on or
before two (2) weeks after the close of the public
comment period. Consultant shall submit up to
thirty-five (35) copies of the approved Final EIR
consisting of the Draft EIR, comments on it, responses
to comments and other appropriate information within one
week after City authorizes Consultant to prepare the
approved Final EIR.
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3. COLLECTION OF FEES.
All fees to be collected from any applicant in
connection with the carrying out of the functions as set
forth in this agreement shall be collected by city.
4. COMPENSATION TO CONSULTANT.
a. The Consultant shall be compensated by the City
with funds deposited by the applicant.
b. The City shall pay Consultant an amount not to
exceed $43.590.
5. NOTICES.
All notices, demands, requests or approvals to be
given under this Agreement, shall be given in writing
and shall be deemed served when delivered personally or
on the second business day after the deposit thereof in
the United States mail, postage prepared, registered or
certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from
Consultant to City shall be addressed to City at:
San Bernardino city Hall
300 North "D" Street, Third Floor
San Bernardino, California 92418
ATTN: Director of Planning
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All notices, demands, requests or approvals from
city to Consultant shall be addressed to Consultant at:
The Planning Center
1300 Dove street, suite 100
Newport Beach, California 92660
6. RELATIONSHIP TO PARTIES.
Consultant is acting as an independent contractor,
and not as an employee of the city. In the performance
of personal services pursuant to the provisions of this
Agreement, Consultant shall not be supervised, directed,
or under the control or authority of any City officer or
employee, except and to the extend as may be expressly
or implicitly required by the terms and provisions of
this Agreement. Any direction or control so required
under this Agreement shall be limited to broad
objectives or goals of the project or program to be
accomplished and not to the details and procedures to
accomplish such objectives and goals. Consultant shall
not be obligated to conform to the supervision or
direction of City officers or employees which are not
authorized herein. Changes or modifications of said
objectives and goals may be made by written
recommendations of either party subject to the
concurrence of the other party in writing.
7. ENTIRE AGREEMENT.
This contract constitutes the entire Agreement
between City and Consultant and may be modified only by
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further written agreement between the parties.
8. ATTORNEY'S FEES.
In the event that an action is filed by either
party to enforce rights under this agreement, the
prevailing party shall be entitled to recover reasonable
attorney's fees in addition to any other relief granted
by the court.
9. WARRANTY.
Consultant expressly warrants that its work will be
performed with care, skill, reasonable expedience, and
faithfulness and, that work performed shall be fit and
proper for its intended use.
10. INDEMNIFICATION.
Consultant agrees to indemnify, defend, and hold
harmless City, its agents, officers, and employees from
and against any and all liability, expense and claims
for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, or
property damages arising from or connected with
Consultant's operations, or its performance under this
Agreement.
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11. INSURANCE.
without limiting Consultant's indemnification of
City as stated in Paragraph 10, above, Consultant shall
provide and maintain at its own expense during the term
of this Agreement the following policy or policies of
insurance covering its performance under this Agreement:
a. General Liabilitv and Professional Liabilitv
Such insurance shall include, but not be limited to,
comprehensive general liability and professional
liability coverages with a combined single limit of not
less than Five Hundred Thousand Dollars ($500,000) per
occurrence. Such insurance shall name the city of San
Bernardino as an additional insured.
b. Workers' Compensation: Consultant shall
cover its employees with Workers' Compensation insurance
in an amount and form to meet all applicable
requirements of the Labor Code of the State of
California.
12. PROHIBITION AGAINST TRANSFERS.
Consultant shall not assign, sublease, hypothecate,
or transfer this Agreement or any interest therein
directly or indirectly, by operation of law or otherwise
without the prior written consent to the city; any
attempt to do so without said consent shall be null and
void, and any assignee, subleasee, hypothecate or
transferee'shall acquire no right or interest by reason
of such attempted assignment, hypothecation or transfer.
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The sale, assignment, transfer or other disposition
of any of the issued and outstanding capital stock of
Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if
Consultant is a partnership or joint venturer ox
syndicate or cotenancy, which shall result in changing
the control of Consultant, shall be construed as an
assignment of this Agreement. Control means fifty (50)
percent or more of the voting power of the corporation.
13. COUNTERPARTS.
This Agreement may be executed in several
counterparts, each of which is an original, and all of
which together constitute one and the same document.
14. PERMITS AND LICENSES.
Consultant, at its sole expense, shall obtain and
maintain during the term of this Agreement, all
appropriate permits, licenses and certificates that may
be required in connection with the performance of
services hereunder.
15. WAIVER.
A waiver by the city of any breach of any term,
covenant, or condition contained herein shall not be
deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained
herein whether of the same or a different character.
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16. TERMINATION.
The city or Consultant may terminate this Agreement
for any reason at any time by mailing by certified mail
prior written notice of termination to the other party.
In this event, the Consultant shall be paid the
reasonable value of services rendered to the date of
termination. In the event of any such termination,
Consultant shall provide to City, without charge, all
documents, notes, maps, reports and data accumulated to
the date of such termination. Consultant further
covenants to give its good-faith cooperation in the
transfer of the work to the city or to any other
consultant designated by City following such
termination, and to attend and participate in any
meetings at no cost to City as shall be deemed necessary
by the Planning Director to effectively accomplish such
transfer.
17. REPORTS.
Each and every deliverable report, draft, work
product, map, record and other document reproduced,
prepared or caused to be prepared by Consultant pursuant
to or in connection with this Agreement shall be the
exclusive property of the city.
18. ANTI-DISCRIMINATION.
Consultant certifies and agrees that all persons
employed by Consultant, its affiliates, subsidiaries or
holding companies are and will be treated equally by
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Consultant without regard to or because of race,
religion, ancestry, national origin, or sex and in
compliance with state and Federal Anti-Discrimination
laws. Consultant further certifies and agrees that it
will deal with its SubContractors, Bidders and Vendors
without regard to or because of race, religion,
ancestry, national origin or sex.
19. CONFLICT OF INTEREST.
a. The Consultant or its employees may be subject
to the provisions of the California Political Reform Act
of 1974 (the Act), which (1) requires such persons to
disclose financial interests that may foreseeably be
materially affected by the work performed under this
Agreement, and (2) prohibits such persons from making or
participating in making decisions that will foreseeably
financially affect such interests.
b. Consultant shall conform to all requirements of
the Act. Failure to do so constitutes a material breach
and is grounds for termination of this agreement by the
city.
c. Consultant agrees that during the term of this
agreement, he shall not enter into any contract for work
to be performed within the city of San Bernardino with
private parties who may foreseebly be materially
affected by the work to be performed under this
Agreement.
d. Consultant agrees that he shall comply with all
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other applicable conflict of interest laws, including
local, state, federal, and common law.
INSPECTION.
The city, in reference to any request for payment
submitted by the Consultant for services under this
Agreement, shall have the right to examine and audit the
records of the Consultant pertaining to this Agreement,
to verify such payment.
21. AUTHORITY.
Each of the parties
that the person signing
authority to do so.
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to this
on behalf
Agreement represents
of such party has
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22. CONSULTANT TO ABIDE BY LAW.
Consultant is required to abide by all Federal,
state and Local law applicable to its performance of
services under this Agreement.
IN WITNESS WHERE OF, the City Council of the City
of San Bernardino has caused this Agreement to be
subscribed by the Mayor, and the seal of said Council to
be hereto affixed and attested by the Clerk thereof, and
Consultant has executed this Agreement, the day, month
and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
W.R. HOLCOMB, MAYOR
THE PLANNING CENTER
By:
Approved as to form
and legal content:
James F. Penman
city Attorney
BY't~ '1/~
GP:EIRGENERICCON.
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