2005 AGN FEB 01 I03 - Laserfiche WebLink

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Item #3 CITY OF COLTON AGENDA REPORT FOR THE COUNCIL MEETING OF FEBRUARY 1, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Zamora, Community Development Director SUBJECT: Approval of Fourth Amendment to Professional Services Agreement with Michael Brandman Associates to provide professional planning and environmental services for the Pacific Rail Industries auto shredder project and Approval of an Indemnity & Reimbursement Agreement for legal services in defense of the project. DATE: January 20, 2005 BACKGROUND/ANALYSIS: On September 3, 2002, the City Council approved a Professional Services Agreement in the amount of $75,633 with Michael Brandman Associates (MBA) for preparation of an Environmental Impact Report (EIR) for the Pacific Rail Industries Metal Shredder Project, located at 785 East "M" Street. Subsequent to Council's approval, the Council has approved three (3) budget augments and three (3) Amendments to the Agreement that increased the total contract amount to $238,109. The project applicant, Pacific Rail Industries, has paid all costs for the project. Staff is now requesting approval of a Fourth Amendment to the MBA Professional Services Agreement in the amount of $14,935 to cover work beyond that provided in the original Scope of Work and Budget, including costs incurred by MBA that required the preparation of written responsess on late comments received outside the official Public Review Period for the Draft EIR; research and written comments by MBA subconsultant technical experts; meetings with MBA, its' subconsultants, City staff and the City Attorneys and attendance at the City Council Meeting that considered the appeals of the Planning Commission's approval of the Project and EIR. The Amendment is the final amendment to the Agreement and covers final CEQA compliance efforts for the Project. The City Attorney prepared the Fourth Amendment to the Agreement. In addition, on November 16, 2004, the City Council denied an appeal and approved the Pacific Rail Metal Shredder project. Approval of the project was made contingent upon having the applicant indemnify the City for any legal challenges to the project. On December 2, 2004 a verified petition for writ of mandate seeking to overturn the City Council's decision to approve the project was filed in San Bernardino Superior Court by Hugo Neu-Proler Company (Colton Iron & Metal). A subsequent petition challenging the City's approval of the project was filed by Orange County Coastkeeper. In order for the City to undertake a defense in these actions, the applicant is also required to enter into a reimbursement agreement to pay for the City's legal costs and expenses. ORANGE\MXM\15037.1