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HomeMy WebLinkAbout14-Planning CtT~ OF SAN BERNARDI~ - REQUEW FOR cooac;;~ ~C1~N From: R. Ann Siracusa, DirectoRRC'tr.'..ADaftWit'Ff. Contract for Dr. Tien-Chang Lee _ Ci ty Geologist Oept: Planning 1~87 OCT -9 ;'.H :r;c 3 i Date: October 2, 1987 Mayor and Council Meeting: 10-19-B7 Synopsis of Previous Council action: Resolution B7-37 adopted February 2, 1987 authorizing execution of an agreement with Dr. Floyd Williams to provide geologic consultant ser- vices. Also, see attached staff report. Recommended motion: Adopt Resolution \ ~ ign ure R. Ann Siracusa Contact person: Vincent A. Bautista Phone: 5057 Supporting data attached: Staff Report Ward: Citywide FUNDING REOUIREMENTS: Amount: Sou rce: Finance: Council Notes: 75.0262 csj Agenda Item No. /LJ ~IT~ OF SAN BERNARDI~ - REQUEW FOR COUNCIL AC~ STAFF REPORT Subject: Geologic Consultant Services Mayor and Council Meeting of October 19, 1987 The City has maintained an agreement with Dr. Floyd Williams for approximately 10 years to review geologic reports pur- suant to the State Alquist-Priolo Special Studies Zones Act. The Office of planning and Research letter dated June 11, 1987 greatly expanded Dr. Williams' role by requiring that all projects within certain identified liquefaction zones must complete liquefaction studies prior to project approval. These two State mandates I especially the latter, have resulted in a need for an additional licensed geologist to review the large number of these studies now being processed by the City. Staff has been able to recruit Dr. Tien-Chang Lee, Professor of Geophysics at the University of California at Riverside, to assist Dr. Williams with the workload. Dr. Lee's contract is the same as that approved for Dr. Williams. The proposed contract with Dr. Lee and his professional resume are attach- ed. Prepared by: vincent A. Bautista Principal Planner Attachment A - Contract Attachment B - Resume csj 10/2/87 DOCUMENT: MISCELLANEOUS DR.T-CLEE 75-0264 r' '- 1 2 3 4 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '''-o..J' . :J ) RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH Dr. Tien-Chanq T,,,,, RELAT- ING TO EVALUATION OF GEOLOGIC REPORTS AND LIQUEFACTION REPORTS. 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 Dr. Tien-Chanq Leerelating to evalua- tion of geologic reports and liquefaction reports, a copy of which is attached hereto, marked Exhibit "A" 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 meeting thereof, held I 198__, by the following vote, to on the ____ day of wit: AYES: Council Members NAYS: Council Members ABSENT: Council Members City Clerk The foregoing resolution is hereby approved this day of , 198 . Mayor of the City of San Bernardino APijtoved as to form and legal content: ,~bvv 1,~ ~' , cSzty Attorney c ....."""'- '--J' ......J ".) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E MEN T (evaluation of geologic reports) THIS AGREEMENT is made and entered into this ____ day of , 198__, by and between the CITY OF SAN BERNARDINO, a municipal corporation, 300 North "0" Street, San Bernardino, California, referred to as "City" and Dr. Tien-Chanq Lee , California Registered Geologist No. 003421, 3336 Valencia Hi,!1 Dr.. Riverside , California, referred to as "Consultant." City and Consultant agree as follows: 1. General Oescriotion of Work to be Done. (a) City retains and employs Consultant to evaluate geological reports submitted pursuant to provisions of the Alquist-Priolo Geologic Hazard Act. Said evaluation shall include, but not necessarily be limited to a determination as to the conformance of the geologic reports to the policies and criteria promulgated by the State Mining and Geology Board, as authorized by the Alquist-Priolo Act, and a field review if deemed necessary by Consultant. (b) Consultant shall also evaluate liquefaction reports submitted pursuant to City resolutions and ordinances. Said evaluation shall include, but not necessarily be limited to a determination as to conformance of the liquefaction reports to City resolutions and ordinances. (c) Consultant shall also evaluate geologic reports and liquefaction reports submitted pursuant to the 1 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,. '" o ~-) ....., 2. California Enviornmental Quality Act. Said evaluation shall include I but not necessarily be limited to, an assessment of adequacy of the reports for the pur- pose of adequacy pursuant to CEQA and shall further include an evaluation of the adequacy of any mitigating measures proposed to meet the requirements of CEQA. (d) Consultant represents to City that he is fully qualified by training and experience to perform the services contemplated by this agreement in a competent and professional manner. (e) Consultant shall provide City with the 'results, in writing of each evaluation performed pursuant to this agreement. Termination of Agreement. Either party may terminate this agreement by giving thirty (30) days' advance written notice of termination to the other party. Term. The term of this agreement is for ten (10) months, commencing November 1 , 1982, and terminating June 30, 19BB. provisions for Payment. (a) The payment to Consultant for services provided under this agreement shall be in the amount of $60.00 per hour. Consultant shall submit a statement for each geologic report evaluated showing the number of his expended hours. 3. 4. 2 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. ,""'", ......., " -J ,.) (bl Consultant shall not use more than four hours in the evaluation of any geologic report without the prior written approval of the Planning Director. IndeDendent Contractor. In accordance with his status as an independent contractor, Consultant agrees that he will conduct himself consistent with such status, that he shall not represent himself or claim to be an employee of the City, or make any claim, demand, or application to or for any right or benefit applicable to an employee of the City, including, but not limited to, worker's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or benefits. SUDervision. 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 extent 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 3 c 1 2 8 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. v , " ,-,' , objectives or goals. Consultant shall not be obligated to conform to the supervision or direction of City officers or employees in a manner which is inconsistent with his status as an independent contractor. Hold Harmless. Consultant shall hold City, its elective and appointive boards, commissions, officersl agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may result from Consultant's professional errors or omissions. Consultant shall defend City and its e1ective,and appointive boards I commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused by Consultant's professional errors or omissions. Amendments. This agreement may be amended or modified only by written agreement signed by both parties. Assianment. Consultant's rights under this agreement shall not be assigned by Consultant to any other person, firm or corporation without the prior written consent of City. Entire Aareement. This agreement contains the 4 c - "-"' 'I -- v 1 entire agreement of the parties with respect 2 to the matters covered by this agreement and no 3 other agreement statement or promise made by 4 either party which is not contained in this 5 agreement shall be binding or valid. 6 IN WITNESS WHEREOF, the parties have executed this 7 agreement the day and year first above written. 8 CITY OF SAN BERNARDINO 9 ATTEST: By: 10 Mayor 11 City Clerk 12 Approved as to form 13 a\j legal content: 1. /1e~ '14 i y Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 {r.c ,. ........ ,"".,.I 00_', t2@G'i 'n ~ '\]In' D L!; l~ l~ L,c ,_, i .J AUG 17 1981 .. TIEN-CHANG LEE Geophysicist and Geologist 3336 Valencia Hill Dr. Riverside, Ca 92507 (714) 369-6168 en'( PL\;jr,~~;\:j ~J~;'.-~~RTr.,-;ENT ~~~~~~~~~t of ia'<Pt~!lM~IFJ~%;; University of California Riverside, Ca 92521 (714) 787-4506 Citizen of the United States of America. Born in 1943 in Taiwan; male; married; two children. Education: Ph.D. in geophysics, University of Southern California, 1973. M.S. in geology, University of Idaho, 1969. B.S. in geology, National Taiwan University, 1965. Professional Positions: 1987-present Professor of Geophysics, Department of Earth Sciences, University of California, Riverside, California. 1974-1987 Lecturer, Assistant Professor, Associate Professor, UCR. 1981-1982 Visiting Scientist at Lawerence Berkeley Laboratory; Institute of Earth Sciences, Academia Sinica, Taipei, Taiwan; Institute of Geology, Academia Sinica, Beijing, China. 1973-1974 Post-doctoral Scholar, Woods Hole Oceano graphic Institution, Woods Hole, Massachusetts. Professional Memberships: American Geophysical Union; Society of Exploration Geophysi cists; Seismological Society of America; Inland Geological Society. Professional Licences: Registered Geophysicist, State of California, # GP00852. Registered Geologist, State of California, # 003421