HomeMy WebLinkAbout09-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk. Director
Subject: Resolution for a Professional
Services Agreement with Terra Nova
Planning & Research. Inc. for the Lowe's
project.
Dept: Development Services
Date: November 28. 2005
MCC Date: December 19. 2005
Synopsis of Previous Council Action: None
Recommended Motion:
Adopt Resolution.
~~,~~
Contact person:
V::tlf>rip r Rn,,<;: rlt~, PbnnPT
Phone: ,n,7
Supporting data attached: Slaff Report & Resolution Ward:
6
FUNDING REQUIREMENTS:
Amount: No cost to the City - project proponent will deposit
funds in an amount not to exceed $115,000 to cover
cost of services.
Source: (Acc!. No.) 772-190-2301
(Acc!. Descripti"") FilII ('"",,,I,"", (',,<,
Finance:
Council Notes:
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Agenda I No. 9
1~/19/iJ.s-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Resolution for a Professional Services Agreement with Terra Nova Planning & Research, Inc. for the
Lowe's Project.
BACKGROUND:
Lowe's has submitted Development Permit 2 No. 03-48 to construct a 135,000 square foot home
improvement center with an a 31,500 square foot outdoor garden center on approximately 10.5 acres
located at the southwest comer of Hallmark Parkway and University Parkway. Camden Development
controls an adjacent 3.9 acres proposed for future development of 30,000 square feet of retail and
6,000 square feet of restaurant uses. Staff determined that an Environmental Impact Report (EIR)
would be required because of potential impacts related to traffic and air quality.
Lowe's and Camden Development have requested that the City retain Terra Nova Planning &
Research, Inc. to prepare the EIR. Not only is the firm familiar with the City, Terra Nova Planning &
Research, Inc. is preparing the EIR for the Hillwood Development project located across University
Parkway on the former Culligan site.
FINANCIAL IMPACT:
No cost to the City; Lowe's will deposit funds to cover the cost of Terra Nova Planning & Research,
Inc.' s services, in an amount not to exceed $115,000, pursuant to the proposed agreement.
RECOMMENDATION:
Staff recommends that the Mayor and Common Council adopt the resolution for a Professional
Services Agreement between the City of San Bernardino and Terra Nova Planning & Research, Inc.
to prepare a Focused Environmental Impact Report for the proposed Lowe's home improvement
center project and adjacent, future development.
Exhibits:
Attachment A Agreement for Services
Attachment B Letter from Lowe's
Resolution
1
RESOLUTION NO.
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT FOR SERVICES WITH TERRA NOVA PLANNING & RESEARCH,
4 INC. FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING
SERVICES.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8
SECTION I. Lowe's is processing a home improvement project and has requested that
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
11 said services based upon previous experience in the City of San Bernardino. Pursuant to this
12 detern1ination, the Purchasing Manager is hereby authorized and directed to issue a Purchase
13
Order for said services to Terra Nova Planning & Research, Inc.
14
15
16
The Mayor is hereby
authorized and directed to execute an Agreement for Environmental Consulting Services; a copy
of which is attached hereto (Attachment A) and incorporated herein.
17
SECTION 2. The authorization to execute the above referenced Purchase Order and
18 Agreement is rescinded if they are not signed and issued within sixty (60) days of the passage of
19 this resolution.
20 III
21 III
22
III
23
24
25
26
27
28
7JtiJ05
- 1 -
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 ENVIRONMENT AL CONSULTING
3 SERVICES.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held
6
on the
7
8
9
10
day of
, 2005, by the following vote, to wit:
ABST ArN ABSENT
AYES
NAYS
Council Members:
ESTRADA
LONGVILLE
11 MC GrNNIS
12 DERRY
13 KELLEY
14
15
16
17
JOHNSON
MC CAMMACK
18
19
20
21
22
City Clerk
,2005.
The foregoing resolution is hereby approved this day of
Judith Valles, Mayor
City of San Bernardino
Approved as to
23 form and legal content:
24
25
26
27
28
f.t2
u r%/l~- ....~-
es F. Penman
ty Attorney
- 2 -
A IT ACHMENT A
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
This AGREEMENT is made and entered into this _ day 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 corner 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.
Terra Nova Planning & Research, Inc..
Agreement For Services
Attachment A Page 2 of 3
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 of race, 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.
Terra Nova Planning & Research, Inc..
Agreement For Services
Attachment A Page 3 of 3
A. Comprehensive General Liability 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.
Terra Nova Planning & Research, Inc.
Date:
By:
Name:
Title:
CITY OF SAN BERNARDINO
By:
Judith Valles,
Mayor
Approved as to form
And legal content:
James F. Penman,
City Attorney
By:
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A':'':'ACHlIENT A-I
Terra Nova/City of San Bernardino
Lowe's Envirornnentallmpact ReporVll/29/0S
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 AM/PM 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 Final EIR, 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;
Terra Nova/City of San Bernardino
Lowe's Environmental Impact Reportlll/29/05
';- 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;
';- 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;
';- 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;
';- 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;
';- Research, document and map environmental resources and hazards for integration into the
Program EIR. Research shall tier off Hillwood EIR currently under way;
)> 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 screencheckladministrative draft of EIR prior to
transmittal.
>- 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;
)> Prepare Notice of Availability in conformance with Government Code and City requirements
and submit to City for publication;
)> 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
2
Terra Nova/City of San Bernardino
Lowe's Environmental Impact Reportill/29/05
cooperatively in the completion of Final ErR 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;
)0;- Terra Nova and City staff shall work cooperatively in the presentation of the Draft and Final
EIR;
3
Terra Nova/City of San Bernardino
Lowe's Environmental Impact Report/l 1/29/05
PRELIMINARY BUDGET
PROJECT BUDGET
LOWE'S HOME IMPROVEMENT WAREHOUSE EIR
Budget Item
Amount
Consultation:
ConsultationlMeetings (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, NOP, NOC,
Public Notices, Statement of Overriding Considerations, etc.
Administrative Support: Transmittal ofNOP, EIR, etc.
Staff reports, public meetings and hearing (up to 32 hours)
Subtotal
Special Tasks
*lncludes 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: 1
CAD Drafting and Misc. Exhibit Preparation $ 3,500.00
Miscellaneous Printing2 $ 1,000.00
DEIR/FEIR Document Printing (5 screencheck,50 DETR, 25 FETR) $ 5,000.00
Mise, Office: Postage, telephone, FAX, photocopies, etc. $ 2,000,00
Subtotal $ 11,500.00
Total $ 114,560.00
1, Reimbursables are estimates and will be billed on a cost basis.
2. Includes printing of Notices of Preparation, Initial Study and Notices of Completion.
4
Terra Nova/City of San Bernardino
Lowe's Environmental Impact Reportlll/29/05
r- ..,
t... ~ TERRA NOVA PLANNING & RESEARCH, INC.
400 S. FARRELL DR., SUITE 8-205
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.
$0.10 ea.
$0.30/sq. ft.
$ 15.00/Hr.
Cost
Cost
Cost +15%.
5
Ai'l'ACHMENT B
September 27, 2005
City of San Bernardino
Development Services Department
300 North "0" Street
Sac; B"mdfdino. CA 9241 B-OO i
AUn: Mr. James Funk, Director
Ms. Valene C. Ross
Mr. Aron Liang
Re' LO'IJe's Home Improvement Project- EIR Process
Dear Mr. Funk
We respectfully request that Terra Nova PlanOlng and Research be selected to prepare !he Lowe's
EIR The project planner, Ms Nicole Criste with Terra Nova IS extremely knowledgeable wtth
environmental issues aflecltng !he impact area including traffIC, air qualtty and other envronmental
sensitive matters. Please advise me as to items W any need to be folward to your department My
direct number is (760) 8OfKi314.
Respectfully submitted,
nJ..- 0(\ G"" ~
AI Montes
Srte Development Manager
Ce. fde. An Mdler, Steve Gale Judy DaVIdoff
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1 S30 F".;,d;IY Ave""l'- Slllte 140. C<Jrlsbud. CA 92008
Phone. 760-8045300
Fax: 760-602-1018