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HomeMy WebLinkAbout1994-273 1 RESOLUTION NO. 94-273 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT FOR SERVICES TO EDAW, INC. FOR 3 PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED INLAND CENTER MALL EXPANSION PROJECT 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 EDAW, Inc., through a fair and impartial SECTION 1. 7 selection process, was chosen to prepare an Environmental 8 Impact Report in support of the proposed expansion at the 9 10 awarded accordingly to said firm for the total amount of Inland Center Mall. An Agreement for Services is therefore 11 $148,682 but such award shall be effective only upon the 12 agreements for services being fully executed by all parties. 13 The Mayor is hereby authorized and directed to execute said 14 Agreement for Services on behalf of the City; a copy of the 15 16 17 18 agreement is on file in the office of the city Clerk and incorporated herein by reference. SECTION 2. This Agreement for Services and any amendment or modification thereto shall not take effect or become 19 operative until fully signed and executed by the parties and 20 no party shall be obligated hereunder until the time of such 21 execution. oral agreements, amendments, full No 22 modifications, or waivers are intended or authorized and shall 23 24 not be implied from any act or course of conduct of any party. SECTION 3. This resolution is hereby rescinded if the 25 parties to the Agreement for Services fail to execute it 26 within ninety (90) days of the passage of this resolution. 27 28 :1 , 94-273 1 RESO: AWARDING AGREEMENT POR SERVICES TO EDAW, INC. POR PREPARATION OP THE INLAND CENTER MALL ENVIRONMENTAL IMPACT REPORT 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 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a reQular meeting thereof, held on the 6th day of September, 1994, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE --1L- CURLIN x HERNANDEZ --1L- OBERHELMAN --1L- DEVLIN --1L- POPE-LUDLAM --1L- MILLER --1L- QM/w, ~ '- City Clerk is hereby approved this ~/I~ Tom Minor, Mayor City of San Bernardino day of The foregoing ordinance September , 1994. Approved as to form and legal content: JAMES F. PENMAN city Attorney B~ia._, 94-"273 , AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. 94-5 TIllS AGREEMENT made and entered into this day of August, 1994, by and between the CITY OF SAN BERNARDINO ("City") and EDAW, Inc. ("Consultant"). RECITAL 1. Puroose The purpose of this Agreement is to allow the City to procure the services of an experienced professional firm to provide environmental consulting services for the Inland Center Mall Project. The City will delegate the responsibility to administer this contract to the Director of the Planning and Building Services Department (Department). 2. Mission The City hereby retains Consultant in the capacity as Consultant for provision of services described in Attachments A, B, C, D and E. Consultant hereby accepts such responsibility as described herein. However, the Director of Planning and Building Services may modify the scope of work if it is later determined that specified tasks are no longer necessary. 3. Tenn This Agreement shall commence as of the day and year first above shown and shall remain in full force and effect for a period of one year unless sooner terminated as provided herein. The Director of Planning and Building Services is authorized to extend this Agreement for up to six months and approve line item adjustments to the Agreement's program budget as long as either of such amendments are upon the same terms and conditions as specified herein, 4. Consultant Resuonsibilities Consultant shall complete the Scope of Work described in Attachment A, Consultant commits the principal personnel listed in Attachment B for the duration of the project. 1 94-273 AGREEMENT FOR PROFESSrONAL SERVICES BETWEEN THE CITY OF SAN BERNARDrNO AND EDAW, INC. 5. ReDlacement of Named Personnel It has been determined that the key personnel named in this Agreement are necessary for the successful performance of this Agreement as shown in Attachment B, No diversion or replacement of these individuals shaH be made by Consultant without written consent of the Department, provided that the Department may ratify, in writing, within ten (10) days of diversion or replacement and such ratification shall constitute the consent of the Department required by this clause, If the Department fails to respond to Consultant within ten (10) days of notification by Consultant, said personnel diversion or replacement shall be deemed approved. 6. Release of News Infonnation No news release, including photographs, public announcements or confirmation of same, of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the Director of Planning and Building Services. 7. Confidentiality of ReDorts Consultant shaH keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder and that the Department designates as confidential. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of the Department. 8. Comnensation The CITY agrees to pay Consultant for the Scope of Work, as described in Attachment C for the Inland Center Mall EIR Project. This amount wi1\ not exceed $119,107.00 for the total term of the AGREEMENT unless a change in the Scope of Work, as set forth in Attachment A, is agreed to in writing by the CITY and CONSULTANT and additional payment is approved by the CITY. Provided, however, the Director of Planning and Building Services may authorize a written change in scope not to exceed ten percent (10%) of the AGREEMENT. Consultant shall submit invoices each four weeks based on the completion of the scope of work set forth in Attachment A. Payment shaH be made within thirty (30) days of receipt of each invoice. Such payment shall be payable to EDAW, Inc. and mailed toEDAW, Inc., Department 1864, P.O. Box 61000, San Francisco, California 94161-1864. 2 94-273 . AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARD:INO AND EDAW, :INC. 9. DeDartment SUpDort The Planning and Building Services Department shall provide Consultant with any plans, publications, reports. statistics, records or other data or information pertinent to the services to be provided hereunder which are reasonably available to the Department. 10. Indeoendent Contractor Consultant shall perform the services as contained herein as an independent contractor and shall not be considered an employee of the City. This Agreement is by and between Consultant and the City, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the City and Consultant. 11. Conflict of Interest Consultant agrees for the term of this Agreement not to enter into any agreement that will inure to the detriment of the City of San Bernardino. 12. Successor and Assil!nment The services as contained herein are to be rendered by Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of the City. 13. Indemnification Consultant shall indemnify, defend and hold harmless, the City, its agents, officers and employees, from and against any losses, liabilities, expenses, and costs, including, without limitation, attorney's fees and costs, caused by the Consultant's negligent performance of services under this agreement. As respects to its operations under this Agreement other than the performance of professional services, the Consultant agrees to indemnify, defend, and hold harmless the City and their 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. 3 94-273 . AGREEMENT FOR PROFESS:IONAL SERVICES BETWEEN THE C:ITY OF SAliI BERNARD:INO AND EDAW, :INC. 14. Insurance Consultant shall maintain during the entire term of this agreement Workers Compensation and General Liability Insurance and other insurance coverages as listed in Attachment D to this agreement. Certificates of Insurance showing these coverages shall be provided to the Director of the Planning and Building Services Department prior to commencement of work under the agreement. 15. COIDoIiance with Laws The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. 16. Non-Discrimination In the fulfillment of the program established under this Agreement, either as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other terms of compensation, selection for training, including apprenticeship or participation in the program or the receiving of any benefits under the program, Consultant agrees not to discriminate nor to allow any subcontractor to discriminate on the basis ofrace, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap. 17. Severability In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 18. Interoretation No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 19. Entire A~reeIDent This Agreement with Attachments A, B, C and D constitutes the entire understanding and agreement of the parties. 4 94-273 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. 20. Waiver No breach of any provision can be waived unless in writing. Waiver of anyone breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 21. Contract Evaluation and Review The ongoing assessment and monitoring of this Agreement is the responsibility of the Director of Planning and Building Services or designee. 22. Tennination The City or Consultant may terminate this Agreement for any reason at any time by mailing by certified mail 30 days 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 Director of Planning and Building Services to effectively accomplish such transfer. 23. Notice Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows: ~ D WU ~I W. /-Ie.vmlU/) \-P' To Consultant: Mr. I'Jtd Ta:I""illo EDAW, Inc. 1920 Main Street, Suite 450 Irvine, California 92714 To City: Director of Planning & Building Services City of San Bernardino 300 North "D" Street, Third Floor San Bernardino, California 92418 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 5 94-273 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDA., INC. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above shown. CITY OF SAN BERNARDINO BY:~ /)~ Mayor ATfEST: Q ~iv.L C iA_,--k - City 'clerk Approved as to form and legal content: By: /Jx~~j ./ City At ey CONSULTANT: BY: Title 6 94-273 INLAND CENTER MALL SCOPE OF WORK TASK 1.0 PROJECT INITIATION 1.1 Data Collection 1.2 Project Schedule TASK 2.0 PREPARATION OF ENVIRONMENTAL DOCUMENTS 2.1 Screencheck Draft Environmental Impact Report 2.2 Preliminary Draft Environmental Impact Report 2.3 Draft Environmental Impact Report 2.4 Response to Comments Document 2.5 Final Environmental Impact Report TASK 3.0 PREPARATION OF CERTIFICATION DOCUMENTS 3.1 Statement of Findings and Facts 3.2 Statement of Overriding Considerations 3.3 Resolutions TASK 4.0 MITIGATION MONITORING PROGRAM 4.1 Draft Mitigation Monitoring Program 4.2 Final Mitigation Monitoring Program TASK 5.0 ATTENDANCE AT MEETINGS AND HEARINGS 5.1 Initial Kick-Off Meeting (1) 5.2 Scoping Meetings (2) 5.3 Staff Meetings (8) 5.4 Environmental Review Committee Meetings (2) 5.5 Planning Commission Hearings (2) 5.6 City Council Hearings (2) P:\4NI0301\INLAND.SCO 1 Attachment A 1 ~ 94-273 TASK 1.0 PROJECT INITIATION SUBTASK 1.1 DATA COLLECTION The purpose of this subtask is to collect the existing data base for the proposed project. All existing data to be provided by the City staff will be used in preparing the various work products outlined in this proposal. Concurrent with the collection of data. EDA W will work with City staff to clearly defIne their objectives and expectations of the process including the methodology and significance criteria for each environmental topic. To complete this subtask, EDA W will accomplish the following: I. EDAW will meet with City staff to determine data availability. 2. EDA W will review and analyze all existing data provided by the City including. but not limited to, the City of San Bernardino General Plan and zoning. 3. EDAW will prepare and submit to City staff a list of required additional information. 4. Upon receipt of all data, EDA W will prepare a comprehensive list of references to be used by the project team. SUBT ASK 1.2 PROJECT SCHEDULE The purpose of this subtask is to develop and maintain a project schedule. A tentative schedule will be developed based upon discussion at the project initiation meeting with the City staff, The tentative schedule will be placed in a computerized chart format and finalized upon review and approval by the City staff. Any necessary changes to the project schedule will be made with concurrence by the City staff and EDA W. In order to develop and maintain an appropriate, reasonable schedule, EDA W will complete the following: I. The EDA W Director will meet with the City staff to review the computerized tentative schedule with definitive milestone dates for all work products and ranges of dates for all meeting and hearings. 2. The EDA W Director will finalize the project schedule, provide copies to the City and project team, and maintain the schedule on an on-going basis. 3. Any revisions to the project schedule will be discussed by the City staff and the EDA W Director and revised copies of the schedule will be provided to the City and project team. P:\4NI030l\INLAND.SCO 2 94-273 TASK 2.0 PREPARATION OF ENVIRONMENTAL DOCUMENTS All environmental documentation for the proposed project will be prepared by EDA W in accordance with CEQA (Public Resources Code Section 21000 et seq.), the State CEQA Guidelines, and the City of San Bernardino procedures for preparing EIRs. All environmental documentation will be prepared to reflect format and contents that are legally defensible. The preparation process of the EIRs will be conducted to minimize, rather than add to, the controversy of the project by: utilizing the CEQA process as an information gathering and public information process; utilizing the structure of the CEQA process to receive input on the scope of the environmental issues to be addressed and to provide written responses to address the issues and concerns expressed by the public; and using each step in the CEQA process to build an adequate, legally defensible EIR. This has started with the Initial Study, continues throughout the preparation of the EIR and the Response to Comments and concludes with the Statement of Findings and Facts. All documents will be presented in text and exhibits that are easily understood by the public and can be implemented by City staff upon its certification. SUBTASKS 2.1, 2.2, AND 2.3 SCREENCHECK DRAFT, PRELIMINARY DRAFT, AND DRAFT ENVIRONMENTAL IMPACT REPORT EDA W will prepare a Screencheck Draft EIR for submittal to the City for review and comment. Upon incorporation of all revisions and comments, EDA W will submit a Preliminary Draft EIR for final approval by City staff. Upon final approval of the Preliminary Draft EIR by City staff, the Draft EIR will be printed by EDA Wand distributed by the City to the appropriate agencies and interested parties. Each EIR will address the full range of environmental topics as determined by the Initial Study and required by CEQA, the State CEQA Guidelines, and the City of San BerI)ardino. Based on the information provided through the RFP process, the following is a brief description of each section of the EIR including a discussion of the general contents and the methodology and assumptions to be used in the analyses. INTRODUCTION This section will briefly describe the project location and general characteristics, the purpose of the EIR, the format and content of the EIR, CEQA requirements, and project history. SUMMARIES This section will contain three summaries: the Executive Summary; the Project Summary of Impacts, Mitigation Measures, and Level of Significance; and the Summary of Alternatives to the Proposed Project. Prior to the preparation of these summaries, EDA W will meet with City P:\4NI0301\!NLAND.SCO 3 94-273 staff to discuss and identify format and content. The identified format will enable the City staff to incorporate the summaries into future staff reports for the project. Each summary is described below. Executive Summary An Executive Summary will be prepared for the EIR in accordance with CEQA and the State CEQA Guidelines. The Executive Summary will provide the casual reader of the EIR with an opportunity to understand the project and its implications. The Executive Summary will include: . Project Description (with illustrations) . Applicant, Lead Agency, Responsible Agency Information . Narrative Summary of Impacts, Mitigation Measures, and Level of Significance . Narrative Summary of Alternatives to the Proposed Project Proiect Summarv of Imuacts. Mitieation Measures. and Level of Sienificance This matrix summary will provide a brief summary of all potential impacts of the project, recommended mitigation measures, and the level of significance of each impact. This summary will list the cumulative impacts of this project as well as specific project related impacts. These impacts will be called out separately so that the reader may understand the effects of both the project and other development that is occurring in surrounding areas, Summary of Alternatives to the Prouosed Proiect This matrix summary will provide a comparison of the impacts of all alternatives to the proposed project. It will provide in a tabular format the following data: . Alternative Descriptions (General) . Whether Alternative is Under Consideration . Whether Alternative is Superior to the Proposed Project PROJECT DESCRIPTION This section will describe the location, boundaries, and the characteristics ofthe proposed project. EDA W will identify the project applicant and other key contacts, define the objectives of the project as proposed by the project applicant and the City, list the required discretionary actions for project approval, and provide a discussion of how the EIR will be used and implemented. Where appropriate this information will be illustrated with graphics including, but not limited to, an exhibit with the project location and boundaries shown on USGS topographic maps. EDA W will prepare a detailed discussion of past environmental documents including the proper citations for past environmental documents related to the project site and their incorporation by reference into the EIR. The incorporation by reference of environmental documents will be accomplished in accordance with Section 15150 of the State CEQA Guidelines. The incorporation will include where the information is available for public review. P:\4N10301\INLAND.SCO 4 94-273 DESCRIPTION OF LOCAL AND REGIONAL LAND USES RELATING TO THE PROPOSED PROJECT This section will establish the overall setting for the analysis of the proposed project and project alternatives. It is intended that both be understood from a local and regional perspective. This section will provide the basis for understanding the project's impacts on the Carousel Mall, impacts on more traditional downtown areas, and on the potential for similar projects in any adjacent jurisdiction. This section is discussed below. Local This section will describe the existing land uses and applicable land use plans on and adjacent to the project site. EDA W will discuss relevant planning and circulation considerations in the City of San Bernardino. A list of major projects in the City of San Bernardino utilized in the analysis will be developed. This may be accomplished by Traffic Analysis Zone (T AZ) or other mutually agreed upon units of analysis. Rel!ional This section will list and illustrate the location of approved and proposed projects within the region. It will include a description of adjacent areas. This section will focus on the past, present. and reasonably foreseeable future projects of a similar scale and character. This will provide the basis for the analysis of the cumulative impacts of the proposed project in conjunction with other approved and proposed projects. It is intended that the section provide the reader with the information necessary to understand each component of the proposed development within its local environment and provide data necessary to understand their importance in the subregional and regional perspective. In order to establish the local and regional land uses related to the proposed project, EDA W will take the following actions: 1. EDA W will meet with City staff and each applicant to prepare a list of past, present, and reasonably foreseeable future projects in the City of San Bernardino and the unincorporated County. These will be the cumulative projects, 2. EDA W will complete the proposed project description. The project description will be revised and approved by the City. 3. The project description and list of the cumulative projects will be reviewed and approved by the City of San Bernardino, 4. EDA W will transmit the documents, verify that they were received, and request a response from affected jurisdictions. 5. EDA W will meet, if necessary, with the staff at the County, adjacent Counties, and surrounding Cities to verify the cumulative projects assumptions. P:\4N10301\INLAND.SCO 5 94-273 6. EDA W will record all actions in Appendix A of the EIR. ENVIRONMENTAL SETTING, IMPACTS, MITIGATION MEASURES, AND LEVEL OF SIGNIFICANCE This section will describe the existing environmental setting for the project study area, analyze all potential impacts, and recommend mitigation measures related to each project. Each impact section will discuss project-specific and cumulative impacts. EDA W will use the State CEQA Guidelines, the City General Plan, and/or local policies to establish thresholds of significance for each environmental topic. A full range of mitigation measures will be discussed and evaluated for feasibility and effectiveness. All mitigation proposed will specify the responsible party and appropriate timing of the measure. Following the discussion of impacts and mitigation measures, the resulting level of significance will be stated. The environmental topics will be discussed to the level of detail necessary in the EIR. To extent possible, existing information contained in previous documentation will be used. Each environmental topic will be addressed in the following manner: EXISTING CONDITIONS IMPACTS State and/or City Impact Criteria Project-Specific Cumulative MITIGATION MEASURES LEVEL OF SIGNIFICANCE Impacts Found to be Insignificant Impacts Mitigated to a Level of Insignificance Impacts Mitigated yet Remain Significant Impacts that Cannot be Mitigated and are Significant SeismicitvlLiauefaction It is anticipated that earth resources will have an impact on the proposed Inland Center Mall. Solus Geotechnical Corporation in association with EDA W will conduct a review of the geotechnical information and resources available. We will summarize this technical information in the EIR. The following steps will be taken: I. Solus Geotechnical Corporation will conduct a review of the geotechnical information. Liquefaction issues and regional seismicity will be analyzed. P:\4N10301\1NLAND.SCO 6 94-273 2. EDA W and Solus Geotechnical Corporation will identify all potential project-specific and cumulative earth resource impacts. 3. EDAW and Solus Geotechnical Corporation will propose mitigation measures for identified earth resource impacts. 4. Based upon the proposed mitigation measures, EDA W will define the level of significance for each project-specific and cumulative impact. Air Qualitv It is anticipated that the expansion of the Inland Center Mall will have a potential impact on air quality. EDA W will conduct an air quality analysis addressing the impact of each proposed project on existing ambient air quality and the exposure of people to pollutant concentrations. The study will be based upon the traffic volumes provided in the traffic study and the levels of proposed development. The air quality study will contain both an analysis of regional and local air quality impacts and consistency with regional air quality management planning. The following steps will be taken: I. EDA W will describe the current air quality in the vicinity of each proposed project. The local atmospheric setting will be characterized based on available climatic data and on Air Pollution Control District air quality monitoring summaries. 2. EDA W will conduct an air quality analysis which will include calculations of stationary source emissions associated with the proposed project. The project's electrical and natural gas consumption will be calculated by the Air Pollution Control District's estimate of project generated emissions. 3. The Urbemis 4 computer model, developed by the California Air Resource Board, will be used to calculate project generated mobil source emissions. 4. Temporary construction impacts, especially with regard to fugitive dust emissions from construction, will be evaluated and quantified. 5. EDAW will review any published materials prepared by the project proponent related to release of hazardous materials during construction. 6. Any changes in regional transportation activity emissions due to project implementation in terms of a regional emissions burden will be estimated. 7. Project consistency with the Air Quality Management Plan will be discussed. 8. EDA W will propose mitigation measures for identified air quality impacts. 9. Based upon the proposed mitigation measures, EDA W will define the level of significance for each project-specific and cumulative impact. P:\4N1030l\lNLAND.SCO 7 94-273 Noise Development of the proposed Inland Center Mall will result in short-term and long-term increases in ambient noise levels. The proposed offsite impacts are related to vehicular traffic. On site noise impacts include loading dock areas, mechanical equipment, and other similar noise generating sources. EDA W will prepare a noise analysis of the proposed project. EDA W will summarize the analysis in the ElR. The following steps will be taken: 1. EDA W will review existing noise data for the project vicinity. 2. EDA W will use the FHW A highway noise model ("FHW A Highway Traffic Noise Prediction Model," FHWA-RD-77-I08) to describe existing noise levels in the project vicinity. Community noise standards relevant to this project contained in the City of San Bernardino Noise Element of the General Plan and the Noise Ordinance will be identified. 3. EDA W will determine the increase in noise levels due to the project. Areas that will experience a significant noise increase will be identified and the resulting land use/noise compatibility discussed. 4. EDA W will propose mitigation measures for identified noise impacts. 5. Based upon the proposed mitigation measures, EDA W will define the level of significance for each project-specific and cumulative impact. Land Use It is anticipated that each proposed project will have an impact on existing land use. The expansion of the Inland Center Mall will impact existing retail and commercial businesses in the downtown area. EDA W in association with Tischler & Associates, Inc. (T A) will prepare a socio/economic market impact study that will be summarized into the Draft EIR. The study will focus on the local and regional retail industry . We will indicate potential physical changes caused by the economic or social effects of the proposed Inland Center Mall project and the Carousel Mall project individually and cumulatively. The following steps will be taken: I. Tischler & Associates, Inc. and EDA W will describe the existing on-site and off-site land uses and the adopted land use plans. 2. EDA W in association with Tischler & Associates, Inc. will propose mitigation measures to reduce identified land use impacts related to physical changes caused by the economic or social effects of the proposed Inland Center Mall project and the Carousel Mall project individually and cumulatively. P:\4N1030l\INLAND.SCO 8 94-273 3. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. TraosuortationlCirculation It is anticipated that the proposed projects will have an impact on traffic and circulation. Kaku Associates will prepare a technical traffic report on the existing traffic and circulation conditions in the vicinity of the project site for the Inland Center Mall project and the impacts related to the proposed project. EDA W will summarize the technical report in the EIR. The following steps will be taken: 1. Kaku Associates will inventory the existing street system serving the entire study area (for all alternatives), including number of lanes, street widths, traffic control devices, parking, and operational characteristics. Any existing traffic volume data, including 24-hour counts and peak hour intersection turning movement counts, will be identified and gathered by the consultant, working with the affected agencies! jurisdictions. Any additional pertinent data will also be collected, including previously conducted traffic studies for projects in the area. It is anticipated that recent and valid traffic counts would be available. An assessment will be made of existing operating conditions and constraints within the study area. Existing peak hour levels of service will be quantified at the intersections identified. 2. Kaku Associates will develop future traffic projections at the identified locations for the following scenarios: Project Opening Day; Project Opening Day + Project Conditions; Year 2010 Cumulative Base Conditions; and Year 2010 Cumulative Base + Project Conditions. 3. Kaku Associates will assess future intersection operating conditions based upon peak hour levels of service for the three time periods. The percent contribution of the proposed project will be determined at each analyzed intersection and freeway location. 4. For the most critical time period, the peak month afternoon peak hour, Kaku Associates will evaluate all access points for the mall for their adequacy from both a capacity/operational and safety perspective. Also, for this same time period, internal circulation and parking supply will be evaulated and improvements/modifications will be recommended if needed. 5. Kaku Associates will define all project-specific and cumulative transportation/circulation impacts of the proposed project. 6. Kaku Associates and EDA W will propose mitigation measures for identified impacts. 7. Based upon the proposed mitigation measures, EDA W will define the level of significance for each project-specific and cumulative impact. P:\4N10301\INLAND.SCO 9 94-273 Public Utilities The proposed Inland Center Mall expansion will result in an increase in utility usage. The specific focus of the EIR will be on the adequacy of water supply and sewer treatment. Evaluation of cumulative impacts will need to be addressed for the Inland Center Mall expansion and cumulative projects. EDA W will determine if adequate infrastructure is available for existing and future development of the proposed project site. In order to thoroughly evaluate any impact the proposed project may have on public utilities, EDA W will contact in writing the following utilities providing service to the proposed project. Each utility will be sent a questionnaire to assess the impacts of the project on their service levels. The following steps will be taken: Water/Sewer I. EDA W will describe how water and sewer service will be provided to the project site. 2. EDA W will assess the location, source, and capacity of these systems to serve the proposed project. 3. EDA W will identify all project-specific and cumulative impacts. 4. EDA W will propose mitigation measures for identified impacts. 5. Based upon the proposed mitigation measures, EDA W will define the level of significance for each project-specific and cumulative impact. ALTERNATIVES TO THE PROPOSED PROJECT . . This section will evaluate the alternatives listed below. These alternatives will be evaluated in sufficient detail to afford project decisionmakers the opportunity to select either one alternative project or portions of alternatives. An alternatives matrix will provide a comparative analysis of each alternative in a tabular format. This matrix will present the defmed alternatives and their respective impacts. The alternatives section will describe each alternative and discuss whether it has been rejected from further consideration. EDA W will evaluate alternatives which may eliminate or reduce to a level of insignificance any significant adverse impacts associated with the project. . No Project Alternative No Development Development Under Existing General Plan/Zoning . Reduced Intensity Alternative P:\4NI0301\lNLAND.SCO 10 94-273 . Development at Another Location Alternative (Carousel or other location per EIR and socio/economic market analysis) The following action will be taken related to the analysis of alternatives: I. EDA W will meet with City staff and each applicant to establish a description of each alternative. Each potentially viable alternative will be included. 2. EDA W will request written verification of alternatives received related to the NOP. 3. Each alternative will be evaluated as follows: General Information . Description of Alternative . Whether Alternative is Under Consideration . Whether Alternative is Superior to the Proposed Project . Whether Alternative is Rejected from Further Consideration Environmental Tonics . Project Impacts . Alternatives Reduction/Elimination of Impact . Qualitative and/or Quantitative Analysis Alternative Imnacts . Alternative Impacts that are not Project Impacts . Alternatives Contribution to Cumulative Impacts Reiection Rationale 4. EDA W will key the rejection rationale for any alternative to the findings required for the Statement of Findings and Facts (Subtask 3.1). LONG-TERM IMPLICATIONS OF THE PROPOSED PROJECT The focus of this section is discuss the long-term results of the proposed project with a focus on the potential for growth inducement. The following will be analyzed in this section. P:\4NI030l\INLAND.SCO II 94-273 The Relationship Between Local Short-Term Uses of the Environment and the Maintenance and Enhancement of Lonl!-Term Productivitv The approval of a development project represents the long-term commitment of a site to urban uses. It also precludes the use of the individual site for uses other than those ultimately selected by the decisionmakers. EDA W will discuss the long-term commitment to uses of the site and evaluate the short-term impacts of the project that will ultimately occur from project implementation. Actions necessary to implement the project, when approved, will be outlined and discussed in this section. Sil!nificant Irreversible Environmental Chanl!es Which Would Be Involved In the Prouosed Action Should It Be Imulemented Approval of the development project will irreversibly commit the site to urban uses. EDA W will evaluate the impact of the project and indicate any actions that represent significant irreversible environmental changes. Growth-Inducinl! Imuacts of the Prouosed Action The project represents a change in land use. The implementation of the project will signal the need for additional governmental services and other facilities in the community. This section will indicate the overall and site specific growth-inducing impacts of the project. We will discuss other vacant parcels in the vicinity of the project. The growth-inducing impacts of this project, in conjunction with other past, present, and reasonably foreseeable future projects, will be discussed. ENvmONMENT AL SUMMARIES EDA W will provide a series of environmental summaries in the EIR. These summaries are intended to accomplish the following: . Provide an accurate transition from the Initial Study to the Certification Documents related to the project. . Establish an exact cross check related to each conclusion made in the environmental process. . Provide the City staff with a ready reference for environmental policies and requirements. . Assure that all appropriate mitigation measures are listed in one location so they can be ready referenced as conditions of any project approval. . Provide a single location to prepare Findings and Facts. EDA W will provide the following Environmental Summaries: Summary of Mitil!ation Measures In addition to the discussion of recommended mitigation measures within each topical section, EDA W will provide a summary list of all proposed mitigation measures. P:\4N10301\lNLAND.SCO 12 94-273 Summarv of Imuacts Found Not to be Sil!nificant EDA W will prepare a summary of those impacts which were determined to be insignificant. Summarv of Imuacts Mitil!ated to a Level of Insil!nificance EDA W will provide a summary of impacts reduced to a level of insignificance through implementation of mitigation measures. Summarv of Unavoidable Adverse Imuacts of the Prouosed Proiect EDA W will prepare a summary of all unavoidable adverse impacts of the proposed project. This summary will serve as the basis of the preparation of the Statement of Findings and Facts. The inventory of unavoidable adverse impacts will include a summary of the findings of previous environmental documentation that are incorporated by reference. This will allow decision makers to determine the relative impact of the project in concert with other past, present, and reasonably foreseeable future projects. This concept is consistent with the most recent interpretations of CEQA and the CEQA Guidelines. REPORT PREPARATION RESOURCES Orl!anizations and Persons Consulted This section will be provided in accordance with the requirements of CEQA and the City and will list all individuals and agencies that were contacted during the preparation of the EIR. Preuarers of and Contributors to the Reuort This section will also be provided in accordance with the requirements of CEQA and the City. It will list those individuals from EDA W, the City .of San Bernardino, and technical subconsultants who were involved in the preparation of the EIR. References This section will provide a listing of all reference material used during preparation of the EIR. All references used in the preparation of the report will be made available to the City of San Bernardino during the official review period for the EIR. The references will be held in the office of EDA W and will be delivered to the City within twenty-four hours of request. APPENDICES The Appendices to the EIR will contain the following: P:\4N10301\INLAND.SCO 13 94-273 Inland Center Mall Appendix A - Public Participation and Review Appendix B - Earth Resources Assessment Appendix C - Air Quality Assessment Appendix D - Noise Assessment Appendix E - Land Use Assessment Appendix F - Traffic/Circulation Report Appendix G - Sewer/Water Assessment Appendix H - Correspondence SUBTASK 2.4 RESPONSE TO COMMENTS DOCUMENT EDA W will prepare a Response to Comments Document for the Draft EIR in accordance with Section 15088 of the State CEQA Guidelines. It is presently anticipated that these responses will be prepared immediately preceding the Planning Commission Public Hearing on the project. Responses will be coordinated with the City staff for review and approval by the Environmental Review Committee. SUBTASK 2.5 FINAL ENVIRONMENTAL IMPACT REPORT Following review and approval of the Response to Comments Document by the City Council, EDA W will prepare an Administrative Final EIR. The Administrative Final EIR will be a compilation of all documents utilized in the analysis of the proposed project. The reader will be able to "track" the entire project from the Initial Study analysis to the Final EIR. Upon review and approval of the Administrative Final EIR, EDA W will provide the City with a Final EIR. P:\4NI030l\INLAND.SCO 14 94-273 TASK 3.0 PREPARATION OF CERTIFICATION DOCUMENTS SUBTASK 3.1 STATEMENT OF FINDINGS AND FACTS Based on the contents of the Draft EIR and the actions of the Planning Commission, EDA W will prepare a Draft Statement of Findings and Facts for consideration by the City staff. The statement will detail: Effects Determined to be Insignificant in the Initial Study and the EIR; Impacts Mitigated to a Level of Insignificance; Unavoidable Adverse Impacts; and the Rejection of Alternatives and possibly Mitigation Measures. The process for the Findings and Facts begins with the preparation and format of the Initial Study and is carried throughout the Draft EIR, Response to Comments, and Final EIR. Subsequent to City staff review of the draft, EDA W will prepare a Statement of Findings and Facts for consideration by the City Council. SUBTASK 3.2 STATEMENT OF OVERRIDING CONSIDERATIONS Section 15093 of CEQA requires the decision maker to balance the benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the project. If a public agency approves a project which will have an adverse environmental effect, the agency must make a statement which lists the factors and public benefits that were considered in the decision making process. A Draft Statement of Overriding Considerations will be prepared by EDA W based on the testimony presented at the Planning Commission Hearings. Subsequent to City staff review, a Statement of Overriding Considerations will be prepared for consideration by the City Council. SUBT ASK 3.3 RESOLUTIONS EDA W will prepare draft resolutions for City staff review related to the review of the environmental documents by the Planning Commission and certification by the City Council. The resolutions will incorporate by reference the approval/denial from the Planning Commission, CertificatiQn of the EIR, Findings and Facts, Statement of Overriding Considerations, and approval of the project. P:\4N1030l\lNLAND.SCO 15 I 94-273 TASK 4.0 MITIGATION MONITORING PROGRAM SUBT ASK 4,1 AND 4.2 DRAFT AND FINAL MITIGATION MONITORING PROGRAM EDA W will prepare the Draft and Final Mitigation Monitoring Program (MMP). The purpose of this work effort is to ensure that proposed mitigation measures included in environmental documentation are implemented to reduce or eliminate significant detrimental project-related impacts to the environment. The MMP will be developed in conjunction with the preparation of the Certification Documents. The program will be approved as part of the project by the City. Subsequent to the approval of the final program, EDA W will make any necessary corrections to reflect staff comments and Planning Commission and City Council actions. ORGANIZATION AND FORMAT OF MONITORINGIREPORTING PROGRAM The MMP will be specifically tailored to the EIR. It will be developed as a stand alone report. The basis of the program will be consistent with other City monitoring programs. This program will guide the approved project through the monitoring/reporting process through the following steps: . Project Description . Summaries . Identification Monitoring/Reporting Actions and Development of Checklist . Timing of Monitoring Plan and Program . Assignment of Enforcement Responsibility . Designation and Assignment of Penalties The following is a brief description of each of the sections of the MMP. PROJECT DESCRIPTION EDA W will prepare a final project description. The project will be described in detail. This discussion will include statistical information about the project as approved such as total gross acreage, gross acreage of development and phasing of development. Also provided in the description will be specific information regarding the type of development included in the approved land use plan. The project description will include a discussion of any changes to the project resulting from future implementation of the mitigation required for project approval. These alterations shall be graphically presented in the monitoring/reporting program text. P:\4N1030l\lNLAND.SCO 16 94-273 SUMMARIES Summary of Imuacts A summary of all significant impacts will be provided in list form. Summarv of Mitil!ation A summary of recommended mitigation measures will be provided in list form. All measures included on this list will be those anticipated to be recognized as Conditions of Approval for the proposed project. Any rejected mitigation measure will be noted. In the Final MMP they will be provided as approved by the City Council. REFERENCE CHECKLIST A checklist tailored to the project will be developed by EDA W. This checklist will be timing- oriented in terms of the phase of the project and necessary monitoring intervals. For instance, monitoring may occur prior to, during, or following construction either on a weekly, monthly, or annual basis. Mitigation measures will be separated on the checklist into categories based on timing or mitigation rather than a grouping or type. The checklist will include the following: . Mitigation Measure . Timing . Responsibility . Compliance . Designation/ Assignment of Penalties P:\4NI030J\lNLAND.SCO 17 94-273 TASK 5.0 ATTENDANCE AT MEETINGS AND HEARINGS SUBTASK 5,1 INITIAL KICK-OFF MEETING Mr. Fred Talarico and Ms. Lauren Jue will attend one (1) initial kick-off meeting with City staff to begin the project. SUBT ASK 5.2 SCOPING MEETINGS Mr. Fred Talarico and Ms. Lauren Jue will attend two (2) public scoping meetings. We recommend that two (2) sessions of the Scoping Meeting be held. One for public agencies and the second for interested citizens. If necessary, attendance at additional scoping meetings will be provided on a time and materials basis. SUB TASK 5.3 STAFF MEETINGS Mr. Fred Talarico and Ms. Jue will attend eight (8) meetings with City staff. If necessary, attendance at additional staff meetings will be provided on a time and materials basis. SUBTASK 5.4 ENVmONMENTAL REVIEW COMMITTEE MEETINGS Mr. Talarico and Ms. Jue will attend two (2) Environmental Review Committee meetings. EDA W will be prepared to make all necessary presentations and answer any questions related to the environmental document. SUBT ASK 5.5 PLANNING COMMISSION HEARINGS Mr. Talarico and Ms. Jue will attend two (2) Planning Commission Hearings. EDA W will be prepared to make all necessary presentations to the Planning Commission and answer any questions related to the environmental document. If necessary, attendance .at additional public meetings will be provided on a time and materials basis. SUBT ASK 5.6 CITY COUNCIL HEARINGS Mr. Talarico and Ms. Jue will attend two (2) City Council Hearings. EDA W will be prepared to make all necessary presentations to the City Council and answer any questions related to the environmental document. If necessary, attendance at additional public meetings will be provided on a time and materials basis. P:\4NI030l\lNLAND.SCO 18 94-273 ~ DELIVERABLES The following is a list of deliverables with a number of copies we propose to provide the City. EDA W will submit these documents in accordance with the project schedule. Deliverables Number of Couies Screencheck Draft ErR Screencheck Draft EIR Appendices Preliminary Draft EIR Preliminary Draft EIR Appendices Draft EIR Draft EIR Appendices Draft Response to Comments Document Response to Comments Document Final EIR Final ErR Appendices Draft Statement of Findings and Facts Final Statement of Findings and Facts Statement of Overriding Considerations Resolutions Draft Mitigation Monitoring Program Final Mitigation Monitoring Program 10 10 10 10 75 75 10 75 10 10 10 10 10 10 10 10 P:\4NI030l\INLAND.SCO 19 Agency Input 94-273 ORGANIZATON CHART Dale Glenn Principal Solus Geotechnical Corporallon SeismisityiLJ'quejactioll MAC4NI03()I!071694/0rg Attachment B City of San Bernardino . City Council . Planning Commission . City Staff Paul Tischler Principal Tischler & Associates, SociolEconomic Marker Impact Analysis EDAW Air, Noise, Sewer and Water Analysis EDAW City of San Bernardino 94-273 Attachment C ~ EDA W will complete the proposed scope of services on a time and materials basis for a not-to- exceed budget of $119,107,00 for labor, subconsultants, and expenses. The not-to-exceed budget of $119,107.00 is based on the assumption that the following subtasks for the Inland Center Mall and Carousel Mall EIRs are performed concurrently (concurrently defined as within approximately 2 months of each other): Subtask 1.1 Subtask 1.2 Subtask 5.1 Subtask 5.2 Data Collection Project Schedule Initial Kick-Off Meeting (1) Scoping Meetings (2) If the above listed subtasks are not performed concurrently (within approximately 2 months of each other), the fees for these subtasks will need to be renegotiated to provide for necessary work efforts. EDA W will bill every four (4) weeks, not necessarily on the fIrst of each month, on a time and materials basis. Each invoice will contain a detailed description of services performed during the billing period. Expenses, which will be billed separately, will include printing, graphics, word processing, photography and reproduction, rental or purchase of special equipment and ,materials, long distance telephone, fax, special shipping or delivery, lodging, travel (airfare), car rental, mileage, and subsistence. The following is an overall summary of the budget by labor, subconsultants, and expenses. The following pages provide EDA W's standard hourly rate schedule and invoicing and payment policies. EDA W Labor $65,402.00 Subconsultants Kaku Associates, Inc. Solus Geotechnical Corporation Tischler & Associates, Inc. $28,455.00 2,500.00 15,750.00 $46,705.00 Expenses $7,000.00 Total Budget $119,107.00 P:\4NI030NNLAND.SCO 1 94-273 EDA W'S Standard Hourly Rate Schedule Effective January 1, 1994 SCHEDULE OF FEES for Professional Services Time Charges Hourlv Rate Range Principals Senior Associates Associates Professional, Administrative & Word Processing Staff $100.00 - $175.00 $75.00 - $125.00 $50.00 - $ 91.00 $30.00 - $ 75.00 EDA W's hourly rate schedule is subject to adjustment in January and July of each year. Reimbursable Exoenses Consultants: Cost plus 10%. Travel: Private vehicles @ $0.29 per mile. Commercial travel and related expenses at cost plus 10%. Computer: Computer Aided Design/Drafting @ $25.00 - $35.00 per hour, depending upon the complexity of software and required peripheral equipment. Microcomputers used for CAD/D will be billed at $25.00 - $35.00 per hour based on the actual application. Microcomputers other than for CAD/D applications @ $10.00 per hour. Taxes: Any tax and/or fees imposed by a taxing authority based upon gross revenues or sales shall be reimbursable in addition to the fee stated in this contract. Other project expenses: Cost plus 10%. Such as: Printing, graphics, photography and reproduction, rental or purchase of special equipment and materials, long distance telephone, telex, fax, special shipping or delivery, models and renderings. lodging and subsistence. P:\4NI030l\JNlAND.SCO 2 94-273 INVOICING AND PAYMENT POLICIES 1. In contracting with EDA W, Inc. for professional services, client warrants that funds are available to compensate EDA W for the total amount of services and expenses contracted and that these funds are neither encumbered nor contingent upon subsequent granting of approvals, permits or financial commitments by lending institutions or other third parties. 2. Invoices are submitted by EDA W each four weeks (not necessarily falling on the first or last day of the month). Client shall notify EDAW, in writing, of any and all objections, if any, to an invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall be deemed proper and acceptable by the Client. Amounts indicated on invoices are due and payable immediately upon receipt. Client's account will be considered delinquent if EDA W, Inc. does not receive full payment within thirty (30) days after the invoice date. 3. A service charge will be applied at the rate of 1.5 percent per month (or the maximum rate allowable by law) to delinquent accounts. Payment thereafter will be applied first to accrued interest and then to the principal unpaid by the Client. Client shall pay all costs and expenses, including without limitation, reasonable attorneys' fees and expenses incurred by EDA W in connection with the collection of delinquent accounts of Client. 4. If a delinquency by Client occurs, EDA W, Inc. may choose to suspend work. If such a decision to suspend work is made, EDA W, Inc. will notify Client in writing. EDA W may choose to recommence work once a delinquency is completely cured and any and all attendant collection costs, fees, increases in costs or fees, or other amounts required to be paid by Client under this agreement are made in full. If a delinquency by Client occurs and EDAW, Inc. chooses not to suspend work, no waiver or estoppel shall be implied or inferred. Client agrees and understands that if EDA W, Inc. decides to so suspend its work, EDA W shall not be liable for any costs or damages, including but not limited to delay and consequential damages, to the Owner, Client, or any other third party, that may arise from or be related to such a work suspension. Client agrees to hold EDA W, Inc. harmless from and completely indemnify EDA W from and against any and all damages, costs, attorney's fees, and/or other expenses which EDA W, Inc. may incur as a result of any claim by any person or entity arising out of such a suspension of work. 5.' If any litigation, arbitration, or other legal action arising out of this contract ensues, the prevailing party shall be entitled to, without limitation, reasonable attorney's fees, expenses, expert fees, and costs. 6. When non-standard billing is requested, time spent by office administrative personnel in preparation is a cost to the project and charged as technical labor. LIMITATION OF LIABILITY EDAW's liability for damage on account of any act, error, omission or other professional negligence shall be limited to a sum not to exceed $50,000 or our fee, whichever is greater. P:\4NI0301\INLAND.SCO 3 94-273 IIJIlIlImJI Broker: Professional Practice Insurance Brokers, Inc. WORKERS' COMPENSATION - CALIFORNIA Insurance Co.: American Motorists Insurance Company Policy Number Policv Dates 3CW235534-02 9/1/93-9/1/94 Liabilitv Limits $1.000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee WORKERS' COMPENSATION - ALL OTHER STATES Insurance Co.: American Motorists Insurance Company Po1icv Number Policv Dates 3CQ265819-02 5/1/94-5/1/95 GENERAL LIABILITY Insurance Co.: Zurich Insurance Company Policv Number Policv Dates CP05181149-06 7/1/94-7/1/95 HIRED & NON OWNED AUTOMOBILE Insurance Co.: Zurich Insurance Company Policv Number Policv Dates CP05181149-06 7/1/94-7/1/95 EXCESS LIABILITY (UMBRELLA FORM) Insurance Co.: Zurich Insurance Company Policv Number Policv Dates CU5181150-06 7/1/94-7/1/95 P:\4N10301\INLAND.SCO Liabilitv Limits $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Liabilitv Limits CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers. Inj. $1,000,000 per occ. Liabilitv Limits CSL $1,000,000 Liabilitv Limits Single $4,000,000 occurrence Single $4,000,000 aggregate I Attachment D 94-273 PROFESSIONAL LIABILITY Insurance Co: Continental Casualty Company Policv Number Policv Dates Liabilitv Limits 3/24/94-3/24/95 $2,000,000 aggregate FOREIGN GENERAL LIABILITY Insurance Co: Kemper Insurance Company AAE823-40-67 Policv Number Policv Dates Liabilitv Limits PENDING 7/1/94-7/1/95 CSL $1,000,000 per occurrence Pers Inj. $1,000,000 per oec. The aggregate limit is the total insurance available for claims presented within the policy for all operations. CSL stands for "Combined Single Limit." 30 day notice of cancellation is a standard request for certificates; there is no additional charge. Naming the client as additional insured on the policy is also fairly standard; however there is a $50 charge per request. These are billed to the office and in turn should be billed to the client. Primary coverage requirements are an additional charge; consult the business manager. Insurance Co: Zurich Insurance Company FOREIGN GENERAL LIABILITY Policv Number Policv Dates Liabilitv Limits CGL6422244-0 1 7/1/94-7/1/95 CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers~ Inj. $1,000,000 per occ. P:\4N10301\INLAND.SCO 2 94-273 .Attactlment E CITY OF SAN BERNARDINO DEPARTMENT OF PLANNING AND BUILDING SERVICES REQUEST FOR PROPOSALS (RFP) Preparation of two (2) Environmental Impact Reports, Mitigation Monitoring Programs, and Statement of Overriding Considerations INLAND CENTER MALL & CAROUSEL MALL EXPANSIONS 1.0 INTRODUCTION The City of San Bernardino Department of Planning and Building Services is seeking qualified environmental consultants to prepare environmental impact reports in support of two (2) separate applications, both located in the City of San Bernardino: 1. General Growth Management, Incorporated's proposal to expand the Inland Center Mall; and 2. Central City. Company's proposal to expand the Carousel Mall. As a result of the projects' proximity to one another, their direct impact on each other, and the potential for associated cumulative impacts, the City is de~ilous of securing one (I) consultant to prepare QQ1!l Environmental Impact Reports. This arrangement will ensure that both projects will be processed on a similar timeframe while still maintaining a degree of flexibility should one EIR proceed more quickly. These two projects envision the phased construction of 1,120,317 square feet of additional retail and common area space, specifically: Inland Center Mall Proposal: Except for the multi-level anchor stores, the existing mall is single story with all outside parking at grade. Inland Center Mall is proposing to add an additional 776,465 gross square feet to the mall consisting of 540,000 square feet in three potential department stores and 236,465 in a second retail level of the mall for a total of 1,762,348 square feet as well as an additional 3,051 parking spaces within four (4) structures for a total of 7,451 parking spaces. This represents roughly a 79 % increase in commercial uses. Carousel MalI Proposal: The mall currently has two (2) levels, with three (3) multi-level anchor stores. Parking is available at grade and in a multi-level structure. Carousel Mall is proposing to add an additional 321,052 square feet ofretail space and 22,800 square feet of common area to the mall for a total 94-273 . of 1,528,355 square feet as well as an additional 2,176 parking spaces within three (3) structures for a total of 5,800 parking spaces. This represents roughly a 30% increase in commercial uses. The City has completed a detailed Initial Study and issued a Notice of Preparation of an Environmental Impact Report (EIR) for the proposed Inland Center Mall expansion project. Finalization of the Initial Study and circulation of the NOP for the Carousel Mall expansion are forthcoming. At a minimum the EIR's will be focused on the following issues: socio/economic, seismic/liquefaction, air quality, water quality/quantity, noise, and transportation/circulation. The consultants selected by the City will prepare the Draft and Final EIR's, the Mitigation Monitoring and Reporting Program (MMRP) , and, if required, Statements of Overriding Consideration (SOC) for ~ project. Neither project will require General Plan Amendments or Development Code Amendments. Both sites are zoned Commercial Regional (CR-I). These documents will be prepared under contract to the City for the City's use in processing Development Agreements for both Malls' expansions, but the City will independently review the documents for accuracy and adequacy in accordance with the California Environmental Quality Act (CEQA) and the State and City CEQA Guidelines. The consultant selected for this contract will be required to attend hearings and make presentations in support of City Staff on an as needed basis. 2.0 PROJECT BACKGROUND AND DESCRIPTION 2.1 Project Background Inland Center Mall The application for Development Agreement 91-01 was originally submitted on November 6, 1991. Upon reaching the Mayor and Common Council, the environmental determination - (Mitigated Negative Declaration) was questioned and staff was then directed to prepare an EIR for the proposed project. A Revised Initial Study has been prepared by Tom Dodson & Associates which has been reviewed and analyzed by staff, pursuant to Section 21082.1 of CEQA. Carousel Mall The application for Development Agreement 94-01 was submitted on January 24, 1994. An Initial Study has been prepared by the Lilburn Corporation and will be presented to the City's Environmental Review Committee shortly. Notice of Preparation proceedings will then be initiated. 2 94-273 , 2.2 Project Description The proposed project consists of the specific facilities proposed for development in each pilase of the Malls' expansions and the text of the proposed Development Agreements (Carousel Mall Development Agreement fonhcoming) which contain commitments on the part of both the City and the project proponent that may affect the environment. For the Inland Center Mall expansion, one copy of the NOP, Initial Study and Draft Development Agreement is attached to this RFP ~or review and consideration in preparing your proposal. For the CaroUsel Mall expansion, a copy of the Draft Initial Study bas been included. Inlmu1 Center Mail Proposal General Growth Management, Inc. is proposing to add a second level to the Inland Center Mall (ICM) located in the City of San Bernardino. This proposal includes three new major department stores. ICM presently encompasses approximately 62.5 acres of area and contains 883,829 square feet of space. The project applicant reflects the conceptual design for the development which would allow the addition of 676,005 square feet of gross leasable area (GLA) and 776,465 square feet as gross building area (GBA). The project would be constructed in phases as outlined in the Initial Study. As presently envisioned, the proposed development would be completed or "built-out" by the year 2000. A list of uses that will be permitted at the ICM is provided in the Initial Study and includes those typically fotmd at regional shopping malls throughout southern California. As described in the Development Agreement, the three new major stores could add up to 540,000 square feet of gross building area. The Second level at ICM could contain up to 136,000 GLA/236,465 GBA square feet of retail area. The project envisions up to four new parking structures to provide an additional 3,051 spaces. Total commercial structures at ICM at buiId-out would encompass about 1,559,834 GLAll,762,348 GBA square feet and a total of 7,451 parking spaces (4.8 spaces per 1,000 GLA square feet) would be provided. Additional support facilities (i.e., power lines, water lines, sewer lines) would be constructed as needed at the ICM to support these proposed facilities. Current total employment at ICM is approximately 1,317 persons. The additional facilities are forecast to add approximately 1,245 new employees, for a total employment of 2,562 employees at build-out. The total number of employees on-site at anyone time is estimated to average 1,325 persons, with 1,665 employees on-site during peak shopping periods, such as Christmas. The remaining contents of the Development Agreement address procedural matters that will not cause physical changes in the environment. Three stages of activity must be evaluated in the EIR for this project: site preparation. construction, and operations. 3 94-273 . Corousel Mall Proposal Central City Company is proposing to expand the existing Carousel Mall facility by adding 321,052 square feet of additional retail space, 22,800 square feet of additional common area and three (3) additional parking structures totaling 2,176 new spaces. Expansion activities will also include remodeling of approximately 267,065 square feet of existing retail, commercial, and common area, as well as the extension of "G" Street south to "H" Street through the western portion of the mall site. New development will consist of one additional anchor retail structure totalling approximately 144,000 square feet, eight new commercial/retail structures totalling 177,052 square feet, 22,800 square feet of common area, three multi-level parking structures, and the extension of "G" Street approximately 925 feet south through the western portion of the site to connect with "H" Street. Remodeling operations would include approximately 77,236 square feet of existing retail/commercial space under third party ownership, 153,546 square feet of publicly owned common area, and 44,485 square feet of structures and space under the ownership of Central City Company. The project would be completed in three phases, with final build-out anticipated by the year 2004. The proposed expansion would increase the current leasable retail area an additional 321,052 square feet from 1,023,469 feet to 1,344,521 square feet. Parking spaces will be increased from the current 3,624 spaces to approximately 5,800 spaces. Three stages of activity must be evaluated in the EIR for this project: site preparation, construction, and operations. 3.0 REQUIRED QUALIFICATIONS The selected consultant must have demonstrated abilities in preparing environm~ntal impact reports, including draft and final (responses to comments) EIR's; preparing the Mitigation Monitoring and Reporting Program (MMRP); and compiling a Statement of Overriding Considerations (SOC). The consultant shall demonstrate a knowledge of CEQA, State and City CEQA Guidelines, and the processing of EIR's from screencheck through Final EIR. Further, for each issue that will be evaluated in the EIR' s, the selected consultant or its subconsultants must demonstrate experience in conducting field surveys (where necessary) and preparing the technical studies that will be consistent and acceptable to the peer review agencies for each issue (such as the South Coast Air Quality Management District (SCAQMD) for air quality and Caltrans and the San Bernardino Association of Governments (SANBAG) for traffic). The selected consultant must have expertise in consultation and coordination with the peer review agencies for each issue evaluated in the EIR's. The selected consultant must have experience and expertise in preparing EIR's that successfully characterize environmental issues in a manner that communicates well with the lay public. 4 94-273 These skills will include writing skills, demonstrated graphic and other media capabilities, quality control capabilities, and reliable printing and publication capabilities. The proposal must demonstrate an understanding of the specific environmental issues raised in the public record through the completion of the Notice of Preparation comment period. The selected consultant must have experience and expertise in presenting environmental information to the public and to decision makers at public hearings. Bidders must identify a single point of contact that will be available to discuss issues and make decisions on salient issues at all times, regardless of whether the bidder is a single firm or leader of a teaming arrangement. This point of contact cannot be changed without permission from the City. The competitive and sensitive nature of these projects requires the formation of a rigid relationship between the EIR consultant and the City. The consultant, particularly the principal writer, must be isolated from certain contacts with applicants or outside parties. The contract will specify: individuals and/or their titles, their precise roles in this project, the methods and directions of communications, how each individual EIR will proceed based on the receipt of data, etc. . 4.0 DESCRIPTION OF SERVICES REQUIRED The City of San Bernardino is seeking a qualified consultant who can provide the full range of professional services necessary to prepare and process two (2) EIR's, prepare MMRP's, and, if necessary, prepare a SOC's for the expansions. The professional services required for this contract consists of: . Complete technical studies for those issues requiring professional evaluation (earth resources, noise, socio/economic, and traffic, for example) . Complete Screencheck Draft EIR's for independent review and comment by the City . Incorporate comments and finalize the Draft EIR's for public review and comment, including the MMRP . Compile and respond to all comments received on the Draft EIR's; prepare any additional information required to complete the Final EIR's . Prepare candidate SOC for consideration by decision makers prior to hearings, if any impacts are identified as unavoidably significant . Attend all meetings and hearings required to complete the environmental process so a decision can be made. 4.1 Technical Studies Several of the environmental issues will require that technical studies be prepared by qualified professionals, such as engineering geologists, air quality professionals, acoustical professionals, socio/economics professionals, and traffic engineers. Other issues being addressed in the EIR's can be prepared based on data that is available from various resource agencies, such as the City 5 94-273 Municipal Water Department (water resources, water supply and wastewater systems), City Planning and Building Services Department (land use), regional utilities, etc. The selected consultant shall prepare, or have prepared, the required technical studies to meet the highest professional standards for each issue. It is anticipated that the following technical studies, at a minimum, will be provided by the consultant: socio/economic analysis, traffic impact analysis, air quality analysis, seismiclliquefaction analysis and potential archaeological analysis (Carousel Mall). Each technical study shall contain an appropriate statement of the forecast methodology and assumptions used while the fundamental data utilized in making forecasts shall be clearly defined and presented. The forecasts shall be clearly presented along with thresholds for measuring significant impact and the measures available for reducing impacts to the lowest achievable level shall be identified. For each issue the selected consultant shall identify the peer review agencies and professional documents that will be consulted in preparing a technical study. For example, the South Coast Air Quality Management District (SCAQMD) and the current "CEQA Air Quality Handbook" are the agency and document that must, at a minimum, be consulted for air quality issues. Evidence of consultation with peer review agencies and with pertinent documents shall be included in the technical studies. When completed, the technical studies shall become technical appendices to the EIR and they should provide all the information required to make the impact forecast in the EIR document. 4.2 Prepare Screencheck Draft Em The selected consultant shall prepare Screeneheck Draft EIR's that will consist of the following components: a. Introduction and Executive Summary: The introduction shall, at a minimum, include a very short summary of the proposed project and a summary of the environmental review process for the project through publication of the Screencheck. The Executive. Summary should be prepared in a tabular form with an accompanying narrative text and at a minimum shall include a summary of all project and cumulative impacts, mitigation measures and level of impact after mitigation is applied. b. Proiect DescriDtion: The project description shall include a discussion of the project background, location, project characteristics, and project objectives. The description of project characteristics shall focus on those activities or facilities that will be caused by implementing the project. Upon review, this section shall clearly describe the physical changes to the environment that the project will cause. A summary of the alternatives to the proposed project shall be included in this chapter of the EIR. Finally, the method of handling cumulative impact forecasts shall be summarized in this section. The State CEQA Guidelines (f 15130) allow either a regional or a list of projects approach. The selected consu1tant will include a recommendation in the proposal for the method that best suits this project, and if a project list approach is recommended, the list of projects deemed appropriate shall be included in the proposal. c. Existin2 Environmental Settin2: For each environmental issue addressed in the ElR's, the selected consultant shall provide a description of the existing environmental setting. The level of detail in this 6 94-273 chapter of the EIR's sball be sufficient to fully describe tbe pbysical and regulatory setting and to prm.ide the reader with adequate information to understand the status of existing resources and systems. For example, the water resource and water supply issues sbould at a minimum include: quantification of,~ resources available to the City Municipal Water Department and tbe water producers in the CtlIItIililli",,' impact forecast area, both short. and lOIlg-term; and quantification of the current and future \W'Jet" productioo, storage and delivery capabilities of the Department and water producers in the cumul.ativ" impact forecast area. Each issue evaluated in the EIR' s sball be given comparable consideration. d. Proiect lmoact: The impact forecast for eacb issue sball include tbe following sections at a minimwn:: . quantitative or qualitative impact forecast for eacb project based on clearly stated for=!: methodology, assumptions and thresholds of significant impact, . sufficient information in the impact forecasts to provide a cbain of logic that the lay reader em use to understand, and if necessary, replicate conclusions, . the same information for cumulative impacts based on the metbodology selected, . feasible mitigation measures for projects and cumulative impacts (any infeasible mitigatiOlJ measures sbaIl be identified and Ibe reasons for their infeasibility described) and Ibe degree of mitigation achieved, in quantitative or qualitative terms, and . based on Ibe degree of mitigation achieved for eacb impact, those unavoidable significant adverse impacts at the end of each issue discussion. e. Mandated CECA Sections: This chapter of the document shall contain all of the mandated CEQA sections (see ~ 15126): . A colllJl'U'llive evaluation the allematives sball be provided. At a minimum the fullowing alternatives should be evaluated: 110 project, less square footage, and phasing over a Iooger period of time. . This EIR will include an exhaustive analysis of (individual and CumulatiVlO) socioleconomic impacts resu1ting from these projects, insofar as they relate to potentialland-WIB impacls. physical changes, effects on bumans, etc. The consultant must be cognizant of all CEQA law, gnidelines. and court cases that determine the extent that a project's social and economic implications must be uC!.-r.....l . Significant irreversible envirolllllOlltal changes sball be summarized. . Growth inducement of Ibe proposed project sball be evaluated and the selected consultant shall identify the context that will be used to evaluate growth inducement in Ibe proposal. . Cumulative impacts addressed in the project impact chapter sball be sullllll8ri2al for the reader. f. Separate chapters sbaIl be provided in the EIR's fur persons and agencies consulted. prepaIlIlion staff, mitigation monitoring and reporting prognm. and references. Selected appendices sbaIl be included in Ibe ElR's and a separate volume of technical appendices shall be provided. 7 94-273 . , , When the Screencheck Draft EIR's are completed ten copies shall be provided to the City Staff for review and comment. 4.3 Fmalize the Draft Em Once comments are returned, the selected consultant will incorporate comments and make revisions as directed by City Staff. A camera ready copy of the Draft EIR's and Technical Appendices will be provided to the Staff for final review. A total of 75 copies of each Draft EIR shall be printed and delivered to the City for distribution. 4.4 Prepare Responses to Comments At the direction of City Staff, the selected consultant shall prepare draft responses to all comments received on the Draft EIR' s. If any new or additional information must be developed for the Pinal EIR's, the selected consultant will be given direction regarding the manner in which such information will be prepared. After review and comment on the draft responses and any additional information by staff, the selected consultant shall prepare Pinal EIR' s, incorporating staff comments which at this time is anticipated to include only the comment letters, the responses to comments, and any additional information provided in response to comments. If the Draft EIR's are revised and reprinted as part of the Final EIR, contract change orders will be issued. 4.5 Prepare Candidate Facts, Findings, and Statement of Overriding Consideration If unavoidable significant adverse environmental impacts are identified for either project, the selected consultant shall prepare candidate facts, findings, and Statements of Overriding Consideration at the direction of City Staff. This document will fully address all facts and findings, project benefits and the deliberations required of a statement of overriding consideration by decision-makers. This document shall fully meet the requirements contained in Sections 15091 through 15093 of the State CEQA Guidelines. 4.6 Meetings The selected consultant shall provide for attendance at two Scoping meetings, two Environmental Review Committee meetings, two Planning Commission meetings and two City Council meetings for each application. Extensive coordination with the City Staff on this project will require several additional meetings. The number of anticipated meetings with City Staff shall be identified in the proposal. 8 94-273 . ,. , . 5.0 PROPOSAL CONTENT The Proposal section of the proposal will provide the following elements: · Introduction to the firm and any subconsultants · Qualifications of the key personnel · Financial and organizational capability to perform the contract · Proposed schedule of fees · Project understanding · Technical approach · Representations and Certifications reg:;rding insarance. affirmative action, and availability · Affirmative Action . Schedule · Disclosure The proposal should be a concise document; excessive and inappropriate materials submitted will be to the detriment of the bidder's evaluation. The proposals submitted in response to this RFP must address all content requirements or they will be rejected without further consideration. 5.1 Qualifications of Key Personnel An organization chart shall be provided along with a discussion of how the consultant's project team is organized and the anticipated roles of the key personnel identified in the chart. Specific discussion of any subconsultant relationships shall be identified, including past work together. The discussion of key personnel shall include a description of their availability, their role and responsibilities on the project, and their principal academic and professional qualifications. Full resumes shall be included for each of the key personnel in an appendix to the proposal. 5.2 Fmancial and Organizational Capability A statement containing the consultant's financial and organizational capability to conduct the work outlined in the Description of Services Required shall be provided. This shall include: 1. A statement of the firm's history as an established environmenw consultant. 2. Previous experience of the firm in preparing environmenw documents and services that are described in the Description of Services Required. 3. Previous experience in performing work within the City and study area. 4. A vaiJability of field, laboratory. library. and office facilities and equipment to accomplish the specific tasks outlined above. 5. Availability and linn history for key staff. 6. Previous experience of the firm in performing services on time and within budget. 7. Names. addresses and phone numbets of at least three (3) current andlor former clients (within the past three years) who may be conlacted as references. 9 "" 94-273 . .. . . 5.3 Schedule of Fees/Costing Scenario The proposal shall include a standard schedule of fees for the consultant and any subconsultants. The application of those fees to complete each of the tasks outlined in the Description of Services Required shall be provided. A breakdown of estimated costs for each task and a total cost for completion of all necessary tasks and payment phasing shall be identified for each project. The complete submittal will have two (2) schedules of fees/costing scenarios, one for the Inland Center Mall project and one for the Carousel Mall project. The completed scenario should include by name and billing rate each person that would be utilized to complete the required tasks. 5.4 Project Understanding A succinct discussion indicating the consultant's understanding of the requested professional services, the anticipated environmental issues, the requisite coordination (unique to the sensitive nature of these projects and their relationships), and the institutional/regulatory framework associated with the proposed project shall be provided. Of particular concern will be the analysis of the socio/economie impacts resulting from the two projects insofar as they relate to potential land-use impacts, physical changes, effects on human beings, etc. This analysis and the recommendations resulting from it will be an intricate and essential portion of the RFP and subsequent EIR. The preferred consultant should be familiar with the City of San Bernardino, City's General Plan and Development Code. 5.5 Technical Approach Prospective consultants shall describe their general technical approach proposed for implementing the requested services. The technical approat:h shall be concise and focused on the type and level of effort required to complete each of the tasks. 5.6 Insura!lce and Indemnification A statement indicating a willingness and ability to meet the City's insurance and indemnification requirements shall be included. These requirements are as follows: · The consultant shall maintain general liability insurance in the amount of $1 ,000,000 per event. · Standard Workers Compensation Insurance shall be identified for all employees and subconsultant employees. · The consultant shall indemnify, hold harmless, and defend the City against liability for negligent acts during the term of the contract. 10 94-273 . . : . J' . 5.7 Afnrmative Action The City has adopted a policy establishing goals for minority and women business enterprises in City procurements. A copy of this policy (Resolution 93-411) may be reviewed in me Planning and Building Services Department at City Hall. All proposals shall submit ell!d<.-c;::~ of compliance with this policy. 5.8 SchCiillle The City requires the qualified consultant to be available during the tefm of the contract. A statement of accessibility/availability of the principals, including their office location shalJl11:e included in the proposal. Using the date of the contract signing as "Day 1', the prospective contractors shall develop a firm schedule through the submittal of the Screencheck Draft EIR'$. Using assumptions for review periods by the City, prospective consultants shall identify a schedule for completing the remaining tasks listed above. This section shall include a Stlll.,.".,,,,,,,r. that the consultant will be able to complete the work within the specified time frame and wrl:f:rin budget, given the assumptions included in the schedule. 5.9 DisclOSllre Statement Prospective consultants must indicate that they, and their subconsultants. are not performing any work at the present time nor have they in the immediate past that would present a conflict of interest with this project. All past relationships with either applicant or their parent companies shall be divulged. Further, prospective consultants must indicate that they will not take any work over the term of the contract that would present a real or perceived conflict of interest. 6.0 EVALUATION OF PROPOSALS AND SELECTION PROCESS The proposal will be evaluated on the basis of the criteria discussed in Section 5 of this RFP. Proposals must be clear, complete and concise and should not contain extraneous material such as glossy brochures, etc. Please do not send examples of reports or other written work. Proposals shall be organized in the order indicated in this RFP. The City may choose to select a consultant solely on the basis of the proposal or it may opt to formulate a short list of consultants to be invited for an oral interview with the City Staff. Staff will review all proposals and select the consultant most qualified to provide the environmental consulting services outlined in this RFP. Staff may contact the prospective consultants for additional information or clarification of the proposal. If interviews are to be held. they will be May 24, 1994. Upon selection of a consultant, staff will prepare two (2) Agreements for Services, based on the selected proposal. The Agreements for Services will be signed by the selected consultant and the City. 11 r 94-273 . l . I , J 6.1 Submittal Information Ten (10) copies of the proposal shall be submitted to Mr. Al Boughey, Director, Department of Planning and Building Services, 300 North "D" Street, San Bernardino, CA 92418. Proposals shall be received by the Department no later than 4:00 p.m., May 16, 1994. 6.2 Contract Information Please direct any questions regarding this solicitation for proposal to Mr. Conal McNamara, the City's planner for this project, at (909) 384-5057. The City requests that there be no contact with either applicant or City staff, except through the City's planner for this project. This RFP does not commit the City to award a contract or to pay any costs incurred in the preparation of a proposal in response to this request. The City reserves the right to accept or to reject, in part of or in its entirety, the proposal if such action is deemed to be in the best interest of the City. The City also reserves the right to abandon or modify the actions for which services have been requested. When submitted, all proposals shall become the property of the City of San Bernardino. 12