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RESOLUTION NO. kf fff
RESOLUTION OF '!'HE CITY OF SAN IlERHAlWINO AUTHORIZING THE
~CU'l'I<$ QI! AN AGRB!:MENT WITH WEB'l'BC SavIcU, Ule. PJIOVIDING
11'01 A 8UP!'J:~TAli BNVIRONMENTAli IMPACT REPOIlT FOR CEa'!'AIN REAL
PROPER'tY LOCATED IN THE CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement with Westec Services, Inc. providing for a supple-
mental environmental impact report for certain real property
located in the City of San Bernardino, a copy of which is attached
hereto, ' marked Exhibit "I" and incorporated herein by reference
as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a A:P1 e.J!,AJ '_ meeting thereof, held
on the ..L;zd. day of:d~ , 1977, by the following
vote, to wit:
AYES:
NAYS:
ABSENT: ,./?1 ff7U> .-/
The foregoing resolution is
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of FV.(I i~ ' 1977.
C Y of 'n BernardJ.no
, LED
OCT a 0 19177
lU~~L;-!i Ge!~:;.p~ Clerk
oW -;;?;J p~-/, / j' j;.,'t::;7-
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AGREEMENT
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(Supplemental Environmental I~act Report)
THIS AGREEMENT is made and entered into this .zSt'#l day of
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Oel D !:)t!_r"
, 1977, by and between the CITY OF SAN BERNARDINO,
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,& municipal corporation, hereinafter called "City", and WESTEC
SERVICES, INC., a California corporation, hereinafter called
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,"Consultant".
WIT N E SSE T H:
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WHEREAS, the California Environmental Quality Act and the
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!City's Environmental Impact and Guidelines impose responsibility
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Ifor the accuracy and reliability of all environmental impact
!reports upon City, and said guidelines provide that the City may
Iretain qualified consultants to prepare environmental impact
,reports for public and private projects; and
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WHEREAS, City is contemplating annexation of certain
16 real property to City. Said real property is described in
17 Exhibit "A" attached hereto and incorporated herein; and
18 WHEREAS, Consultant has previously performed the work and
19 prepared an environmental impact report for a substantial portion
20 of that real property proposed to be annexed to City for the
21 County of San Bernardino; and
22 WHEREAS, City has determined that a supplemental environ-
23 mental impact report is necessary for all of said property des-
24 cribed in Exhibit "AU prior to holding a pre-zoning hearing for
25 the proposed annexation of that real property; and
26 WHEREAS, Consultant represents to City that it possesses
27 the skill and experience necessary to perform all work required
28 for such a supplemental environmental impact report, Consultant
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further represents to city that it possesses the professional
qualifications, experience and expertise required for the per-
formance of the work required herein, and Consultant represents
to City that it is well qualified to perform such services,
City enters into this agreement in reliance upon said repre-
sentations by COnsultant; and
WHEREAS, city has determined that Consultant should be
retained and employed to prepare the supplemental environmental
impact report for that real property described in Exhibit "A"
in the manner set forth herein,
NOW, THEREFORE, in consideration of the performance of the
mutual covenants and promises herein contained, at the time and
in the manner specified herein, the parties hereto agree as
follows:
1. General. Representations of Contractor set forth in
the Fifth Whereas Clause hereinabove are incorporated herein by
reference as though set forth in full and at length. Consultant
shall prepare a supplemental environmental impact report for all
that real property that is described in Exhibit "A" attached
hereto and incorporated herein by reference as though set forth
in full and at length. Said Environmental Impact Report shall be
prepared by Consultant in accordance with the standards and re-
quirements set forth in Exhibit "B" attached hereto and incor-
porated herein by reference.
2. Time of Performance. The final supplemental environ-
mental impact report shall be prepared by Consultant, and the
original and a maximum of thirty five copies thereof shall be pro-
vided by Consultant to City on or before July 1 1978 ,
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I 1977. Said report shall be in a form and of substance sufficient
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I and adequate to satisfy all legal requirements for such an
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: environmental impact report for City's purposes and for all
legal requirements.
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3. Compensation for Consultant's Services. (a) Consultant
6 shall bill City at the hourly rates for time expended by its
7 employees in accordance with the schedule attached hereto,
S marked Exhibit "c" and incorporated herein by reference.
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(b) Consultant estimates that the services proposed
10 herein shall require a maximum of 270 hours for the various
11 categories of Consultant's employees as set forth in Exhibit
12 "D" attached hereto and incorporated herein by reference.
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(c) Notwithstanding the foregoing, Consultant's profession-
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al fee shall not exceed the sum of eight thousand one-hundred
thirty seven and no/lOO dollars ($8,137.00), and City shall not
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be required to pay more than the maximum sum for completion of all
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of the work undertaken by Consultant provided for herein. Con-
sultant shall perform its work in a good workmanlike and profess-
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ional manner.
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4. Reimburseable Expenses. (a) In addition to the
Consultant's fee provided for herein, City shall reimburse Con-
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sultant for actual expenditures made by employees of Consultant
(at cost) in connection with the performance of the services
provided for herein. Said reimburseable expenses are estimated
by consultant to be as set forth in Exhibit "E" attached hereto
and incorporated herein by reference. Notwithstanding the fore-
going, reimburseable expenses to be paid by City shall not
exceed a maximum of nine hundred fifteen and no/lOO dollars ($915.)
and City shall not be responsible for reimbursing any expenses
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1 of Consultant in excess of said amount.
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5. City's Right to Audit Records. Consultant shall
3 maintain and keep adequate books and records on a current basis
4 recording all time expended by its personnel and all expenses
5 incurred by Consultant in a form satisfactory to City and in
6 accordance with generally accepted accounting principles. Said
7 books and records and all supporting details shall be made avail-
8 able to City for purposes of audit at all reasonable times and
9 places. All such books and records shall be maintained by Con-
10 sultant for such periods of time as required by law; provided,
11 however, notwithstanding any shorter periods of retention, all
12 books, records. and supporting details shall be maintained for a
13 period of at least three (3) years after the completion of the
14 work provided for by this agreement.
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6. Consultant's Professional Status. Consultant accepts
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the relationship of trust and confidence to be established be-
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tween it and city. Consultant covenants with City that it will
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exercise its best professional skill and judgment in furthering
19 the interest of City. Consultant shall be at all times herein
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an independent contractor and not an employee or agent of City.
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7. Assignability. The experience, skill and expertise
22 of Consultant is of the essence of this agreement. Consultant
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shall not assign (whether by assignment or novation) this agree-
ment or delegate its duties hereunder in whole or in part or any
right or interest hereunder without the prior written consent of
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26 City. Any assignment or attempt to assign this agreement without
27 such prior written consent or by operation of law shall con-
28 stitute cause for termination.
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i 8. Interest of Consultant. Consultant covenants that it
I presently has no interest and shall not acquire any interest,
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I direct or indirect, which would conflict in any manner or degree
I with the performance of services required to be performed under
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i this agreement. Consultant further covenants that in the perform-
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I ance of this agreement no person having any such interest shall be
. employed.
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9. Findings Confidential. Any reports, information, data,
9 etc. given to or prepared or assembled by Consultant under this
10 agreement which City requests to be kept as confidential shall not
11 be made available to any individual or organization by Consultant
12 without the prior written approval of City.
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10. ~ublicati9n, Reproduction and Use of Material. No
14 material produced in whole or in part under this agreement shall
15 be subject to copyright in the united States or in any other
16 country. The final report furnished by Consultant to City shall
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become the sole property of City and City shall have unrestricted
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authority to publish, disclose, distribute and otherwise use, in
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whole or in part, any reports, data, or other materials prepared
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under this agreement.
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11. Termination of Agreement for Cause. If for any cause
Consultant shall fail to fulfill in a timely and proper manner
its obligations under this agreement, or if Consultant shall
violate any of the covenants, agreements or stipulations of this
agreement, City shall thereupon have the right to terminate this
agreement by giving written notice to Consultant of such termina-
tion and specifying the effective date thereof at least five (5)
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28 days before the effective date of such termination. In that event
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1 lall finished and unfinished documents, data, studies, surveys,
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idraw1ngs and reports
lunder this agreement
shall, at the option of City, become its
or other material prepared by Consultant
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4 property and Consultant shall be entitled to receive just and
5 equitable compensation for any satisfactory work completed on
6 such documents and other materials.
7 Notwithstanding the above, Consultant shall not be relieved
8 of liability to City for damage sustained by city by virtue of
9 any breach of this agreement by Consultant, and City may withhold
10 any payments to Consultant for the purpose of set-off until such
11 time as the exact amount of damages due City from Consultant is
12 determined.
13 This agreement may not be terminated for cause if the
14 failure to perform arises from unforeseeable cause beyond the
15 control and without the fault or negligence of Consultant.
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12. Termination for Convenience of City. City may
terminate this agreement at any time by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date of
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such termination. In such event, all finished and unfinished
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documents and other materials as described in paragraph 11 above
shall, at the option of City, become its property. If the agree-
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23 ment is terminated by City as provided herein, C9nsultant will be
24 entitled to be paid all compensation for work performed to the
25 date of termination, including all reimburseable expenses and
26 related costsl provided that in no event shall the compensation of
27 Consultant or reimburseable expenses exceed the maximum amounts
28 provided for in this agreement. If termination is due to the
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1 fault of persons other than Consultant, Consultant will be en-
2 titled to be paid all compensation for work performed to the date
3 of termination, including all reimburseable expenses and related
4 costs. Should this agreement be terminated due to fault of
5 Consultant, paragraph 11 hereof relative to termination shall
6 be applicable.
7 13. Changes. Should City require changes in the scope of
8 the services of Consultant to be performed hereunder, such changes
9 including any corresponding increase or decrease in the amount of
10 Consultant's compensation, which shall be mutually agreed upon by
11 and between City and Consultant, shall be incorporated in this
12 agreement only by written amendments hereto.
13 14. Consultant to Hold Harmless. Consultant hereby agrees
14 to, and shall, hold City, its elective and appointive boards,
15 commissions, officers, agents and employees harmless from any
16 liability for damage or claims for damage for personal injury,
17 including death, as well as from claims for property damage which
18 may arise from Consultant's operations under this agreement,
19 whether such operations be by Consultant or by anyone or more
20 persons directly or indirectly employed by or acting as agent for
21 Consultant. Consultant agrees to and shall defend City and its
22 elective and appointive boards, commissions, officers, agents and
23 employees from any suits or actions at law or in equity for
24 damages caused, or alleged to have been caused, by reason of any
25 of the aforesaid operations.
26 15. Time of Essence. Time is of the essence with respect
27 to Consultant's performance under this agreement.
28 16. Notices. All notices herein required shall be in
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1 writing and delivered in person or sent by certified mail, postage'
2 prepaid, addressed as follows:
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City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Westec Services, Inc.
180 East Main Street
Tustin, CA 92680
5 IN WITNESS WHEREOF, the parties hereto have executed this
6 Agreement on the date first hereinabove written.
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7 CITY OF SAN BERNARDINO
ATTEST:
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Title ~Al ~P,l4JA~
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Those portions of Sections 26, 27, 28 and 34, Township 1
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north, Range 3 west, San Bernardino Base and Meridian, according
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to the official plat of said land approved by the Surveyor Genera ,
September 19, 1883, and that portion of Tract No. 5299, as per
plat thereof recorded in Book 76 of Maps, pages 74, 75 records
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of the County Recorder, County of San Bernardino, State of
California, and those portions of the adjoining streets described
as follows:
Beginning at a point on the present Corporate Limits of the
City of San Bernardino, said point being the intersection of the
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center line of City Creek Road, State Highway No. 207, and the
East line of said Section 28; thence north along said City Limit
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Line and said East line, a distance of 1320 feet more or less to
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an angle point in said City Limit Line, said point also being the
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northeast corner of the south one-half of the northeast one-
quarter of said Section 28; thence leaving said City Limit Line
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north along the west line of said Section 27, a distance of 1320
feet more or less to the northwest corner of said Section 27;
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thence east along the north line of said Section 27, a distance
of 5280 feet more or less to the northeast corner thereof; thence
south along the east line of said Section 27, a distance of 2640
feet more or less to its intersection with the south line of the
northwest one-quarter of said Section 26; thence east along said
south line of said northwest one-quarter, a distance of 1320 feet
more or less to the southwest corner of the southeast one-quarter
of the northwest one-quarter of said Section 26; thence north
along the west line thereof, a distance of 1320 feet more or
less to the northwest corner thereof; thence east along the north
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line thereof;, a distance of 1320 feet more or less to the north-
east corner thereof; thence south along the east line thereof, a
distance of 1320 feet more or less to the southeast corner thereof
thence west along the south line thereof, a distance of 600 feet
more or less to its intersection with the brow of the south-
easterly bluff of a certain canyon (Cook's Canyon) extending in
a general northeasterly and southwesterly direction across said
section as conveyed to Thomas T. Cook, et ux, by deed recorded
December 6, 1890, in Book 122, page 144 of Deeds; thence south-
westerly along said brow of the southeasterly bluff of said
canyon, being the southeasterly line of Parcel No. 2 as conveyed
on the deed to Wilmer C. Hansen, et ux, as Document No. 24,
recorded November 26, 1973, in Book 8314, page 31, Official
Records of said County and following its various courses and
distances, a distance of 3200 feet more or less to its inter-
section with the west line of said Section 26; thence south along
said west line of Section 26, a distance of 360 feet more or less
to the southeast corner of said Section 27; thence west along the
south line of said Section 27, a distance of 2640 feet more or
less to the northwest corner of the northeast one-quarter of said
I Section 34; thence south along the west line of said northeast
one-quarter, a distance of 342 feet to its intersection with the
northerly terminus of Orchard Road as said Road is delineated on
I the map of said Tract No. 5299; thence continuing south along the
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I centerline of said Orchard Road a distance of 53 feet more or less
to its intersection with the centerline of Terrace Drive as also
delineated on the map of said Tract 5299; thence east along said
centerline of Terrace Drive, a distance of 550 feet, more or less
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1 to its intersection with the nor~herly prolongation of the west
2 line of Lot 61 of said Tract No. 5299; thence southerly along
3 said northerly prolongation and west line of said Lot 61 and along
4 the westerly boundary line of said Tract No. 5299; a distance of
5 693.43 feet to its intersection with the centerline of Fairway
6 Lane as said street is delineated on the map of said Tract No.
7 5299; thence southwesterly along the centerline of Fairway Lane
8 as conveyed to the County of San Bernardino by Document No. 155,
9 recorded June 13, 1969, in Book 7249, Page 341, Official Records
10 of said County and its southwesterly prolongation a distance of
11 236 feet more or less to its intersection with the southwesterly
12 terminus of said Fairway Lane, said point being on the arc of a
13 curve concave northeasterly; thence southeasterly along said
14 right of way line of Fairway Lane and said curve a distance of
15 30 feet more or less to its intersection with the southwesterly
16 prolongation of the southeasterly right of way line of Fairway
17 Lane as delineated on the map of said Tract No. 5299; thence
18 south 470 13 r 45" west along said southwesterly prolongation of
19 the southeasterly line of Fairway Lane being the northwesterly
20 line of the land conveyed to David E. Burns, et ux, by Document
21 No. 887 recorded December 23, 1976, in Book 9079, page 1330,
22 Official Records of said County, a distance of 40 feet more or
23 less to its intersection with the southwesterly line of that
24 certain parcel of land conveyed in the deed to Title Insurance
25 and Trust Company, recorded as Document No. 120 on August 11,
26 1961, in Book 5507, page 397, Official Records of said County;
27 thence Northwesterly along said southwesterly line of said Title
28 Insurance Co. land and following its various courses and distances
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a distance of 636 feet, more or less, to its intersection with
the west line of the northeast one-quarter of said Section 34;
thence north along said west line a distance of 174 feet more or
less to its intersection with the centerline of Orchard Road as
Road is delineated on the map of said Tract No. 5299; thence
southwesterly along said centerline and following all its various
courses and distances, a distance of 310 feet, more or less, to
its intersection with the centerline of Highland Avenue; thence
in a general northwesterly and westerly direction along said
intersection with the Present Corporate Limits of the City of
San Bernardino; thence northeasterly along said City Limit Line
and along the centerline of said City Creek Road, State Highway
207, a distance of 3600 feet, more or less, to the point of
beginning. Containing 612 acres more or less.
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EXHIBIT "B"
SCOPE OF WORK
weSTEC Services, Inc. will prepare an Environmental Impact Report (EIR)
addressing the significant environmental effects that would occur if the
following were accomplished for approximately 620 acres (including Highland
Hills' 541 acres) at the city's northeastern boundary:
1. Pre-zoning by the City of San Bernardino.
2. Reconsideration by LAFC of the city's existing Sphere of Influence
boundaries to accommodate the subject 620 acres, more or less, followed
by actual revision of the sphere boundaries. .
3. Annexation of the 620 acres, more or less, to the City of San Bernardino.
The EIR will be a focused document, in corrpliance with the January, 1977.
amendments to CEQA, and will be prepared as a supplement to the previously
certified "Environmental Impact Report - Zone Change for the Highland Hills
Development" dated June 10, 1975. As such, it will make maximum use of that
plus other documents as reference sources, and will also concentrate on those
issues found to be potentially significant, while providing a rationale for
finding others not significant.
The EIR will be prepared in conformance with the provisions of CEQA and the
city's guidelines, in as much as the city will function as lead agency for
the project. The activities involved in preparing the supplemental EIR can
be divided into four separate sets of requirements:
1. An update of all sections of the previous EIR, as warranted.
2. Additional field investigations by WESTEC Services' team of geologists,
biologists, archaeologists, etc., to incorporate the 80 acres, more or
less, not covered in the previous EIR plus an evaluation of impacts
related to these additional 80 acres.
3. Examination of the issues to be considered by the Local Agency Formation
Commission (LFAC). Because no annexation was proposed as part of the
prior project, these issues were not addressed in any depth in the previous
EIR.
4. Detailed evaluation of the issues tentatively defined as being of major
significance for this project. They include:
a. I~pact on and need for city, county or special district services
(e.g. fire and police protection, water and sewer, etc.).
b. Compatibility of the proposed land use plus alternate land uses or
zoning designations, with city and county planning documents, as well
as with surrounding land uses.
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Ex 1-1/ B / / B
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Exhibit "B". cont.
P. 2
c. Rationale for reconsidering the ci~~s Sphere of Influence
boundaries at this time; additionally. an evaluation as to the
extent of land that should be included within the defined project
will also be provided.
d. Economic impacts on the public agencies that will be affected by
the proposed action.
e. Circulation: A'description of traffic concerns including:
1. A study of the intersection of Highland and Boulder Avenues.
with particular reference to the future extension of Piedmont
Drive to the north.
2. Evaluation of signalization requirements at intersection with
the State Highway.
3. Evaluation of access from the project area to points as far south
as Baseline Avenue and Pacific Avenue.
4. Evaluation of the possibility of two major access points from
the project area to an arterial.
5. A study of an alternate connection to the north or northwest of
the project area to the State HighWay.
f. Growth-inducing impacts.
g. An evaluation as to whether the proposed change of jurisdiction will
have any significance in other areas not noted above.
TIMING
WESTEC Services will provide the city with six copies of a screen check
draft EIR within five weeks of receipt of authorization to proceed. Follow-
ing the city review. WESTEC Services will submit. within one week of receipt
of the city's proposed changes. sufficient copies of the draft EIR to satisfy
the city's distribution requirements. Thereafter. WESTEC Services will parti-
cipate with the city in presentations. hearings and response preparation
through project completion. as required. Such participation will be invoiced
as noted under "Fees".
PERSONNEL
Mr. F. O. Round. Jr.. Principal. will serve as Project Manager for this effort.
All phases of the work will be accomplished by WESTEC Services' in-house staff.
with the exception of traffic and circulation. which will be performed by
Krueper Engineering.
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EXHIBIT "c"
SCHEDULE OF FEES
Professional Services
Environmental Field Assistant
Environmental Analyst
Urban/Transportation Planner
Noise Analyst
Senior Biologist
Senior Environmental Analyst
Archaeologist/Historian
civil Engineer
Senior Archaeologist
Geologist (Registered)
Project Manager
Senior Planner
Senior Meterologist/Air
Quality Analyst
Hydrologist (Registered)
Senior Noise Analyst
Principal
Hearings/Court Testimony
Support Staff
Environmental Field Aide II
Environmental F~eld Aide I
Reproduction Typist/Clerical
Illustrator/Draftsman
Technical Editor
Traffic Analysis
CT Expert Witness-Deposition & Court Testimony
lA Registered Engineer - Consulting
lB Registered Engineer - Design/Calulation
2A Staff Engineer - Design
2B Staff Engineer - Calculations/Report
2C Staff Engineer - Research/Investigation
3A Design Drafting
3B Delineation
4A Engineering/Architectural Inspection Services
4B Construction/Field Inspection
4C Ass't Field Inspection Services
SA 2-Man Survey Crew (w/Equip.)
5B 2-Mam Field Inspection Crew
6A 3-Man Survey Crew (w/Equip.)
6B 3-Man Field Inspection Crew
7A Clerical
7B Support Services
8 Architectural Design
9 Architectural Drafting
G'IH/8/T"C'1
$ll.OO/hour
$16.00/hour
$20.00/hour
$21. OO/hour
$I;I.50/hour
$25.00/hour
$26.00/hour
$27.00/hour
$30.00/hour
$32.50/hour
$32. SO/hour
$30.00/hour
$37.50/hour
$40.00/hour
$40.00/hour
$45.00/hour
$50.00/hour
$7.00/hour
$8. 75/hour
$9.00/hour
$12.00/hour
$16.00/hour-
$38.00/44.00
$32.00
$28.00
$24.00
$22.00
$18.00
$20.00
$16.00
$20.00
$18.00
$14.00
$50.00
$32.00
$64.00
$44.00
$10.00
$ 8.00
$22.00
$18.00
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It is not anticipated that all of the above job classifications
will be utilized pursuant 'to this agreement. However, should
the services of any of the listed categories be required
by the City the above rates wi:ll apply. See Exhibit "D"
for list of job classifications estimated to be utilized
pursuant to this agreement.
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EXHIBIT "0"
ESTIMATE OF WORK EFFORT
The following estimates are based on the best information
currently available. It is probable that they will change
as work progresses, and may therefore not be directly
correlative to monthly billings.
Preparation of Draft EIR
Registered Geologist - 20 hours @ $32.50/hour $650
Environmental Analyst -12 hours @ $16.00/hour $192
Senior BiolOgist 16 hours @ $22.50/hour $360
Senior Archaeologist - 16 hours @ $26.00/hour $416
Noise Analyst 8 hours @ $21.00/hour $168
Principal - 75 hours @ $45.00/hour $3375
Clerical - 32 hours @ $ 9.00/hours $288
Presentations and Hearings
Principal 9 hours @ $50.00/hour $450
Preparation of Final EIR
Principal
24 hours @ $45.00/hour
8 hours @ $ 9.00/hour
$1080
$12.00
Clerical
Traffic Analysis
IB Registered Enqineer - 14 hours @ 28.00/hour $392
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EXHIBIT "D" CONT.
2B Staff Engineer - 4 hours @ 22.00jhour $88.00
2C Staff,Engineer - 12 hours @ 18.00jhour $216.00
3B Delieneation - 8 hours @ 16.00jhour $128.00
7A Clerical Services 8 hours @ 10.00jhour $ 80.00
7B Support Services 4 hours @ 8.00jhour $ 32.00
Plus 15% of cost for traffic consultant services $150.00
Total - $8,137.00
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EXHIBIT "E"
Reimbursable Expenses
Printing, Cost + 10%
Mileage/Miscellaneous
$636
$279
Total-- $915
Note: Printing costs may vary in accordance with the City's
:requirements outlined in Exhibit "B", scope of work.
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