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HomeMy WebLinkAbout40-Planning - · 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. y} ,):.dtfj> I Larry Reed Director '" ~ 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 Anpnrl" Itpm Nn 1/t!'J . 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: 6 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: 21 Council Members: AYES NAYS ABSTAIN 22 ESTRADA REILLY 23 FLORES MAUDSLEY 24 MINOR POPE-LUDLAM 25 MILLER 26 27 City Clerk 28 HE/dys December 21, 1989 1 10 11 12 13 14 15 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. 3 The foregoing resolution is hereby approved this day 4 of , 1990. 5 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 16 17 18 19 20 21 22 23 24 25 26 27 28 HE/dys December 21, 1989 2 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. 1 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. 2 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 III III III III III III III 3 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 4 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. III III III III III III III 5 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. 6 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. 7 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 8 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 9 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. 20. to this on behalf Agreement represents of such party has III III III III III III III III III III III III III III III III 10 III 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. 11