HomeMy WebLinkAbout1994-273
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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
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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EDAW, Inc., through a fair and impartial
SECTION 1.
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selection process, was chosen to prepare an Environmental
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Impact Report in support of the proposed expansion at the
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awarded accordingly to said firm for the total amount of
Inland Center Mall.
An Agreement for Services is therefore
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$148,682 but such award shall be effective only upon the
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agreements for services being fully executed by all parties.
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The Mayor is hereby authorized and directed to execute said
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Agreement for Services on behalf of the City; a copy of the
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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
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execution.
oral
agreements,
amendments,
full
No
22 modifications, or waivers are intended or authorized and shall
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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 This resolution is hereby rescinded if the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.
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94-273
1 RESO:
AWARDING AGREEMENT POR SERVICES TO EDAW, INC. POR
PREPARATION OP THE INLAND CENTER MALL ENVIRONMENTAL
IMPACT REPORT
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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
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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.
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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.
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94-273
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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.
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94-273
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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.
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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.
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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
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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)
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Attachment A
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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. 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.
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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.
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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:
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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.
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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.
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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.
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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
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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.
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~
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
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Agency Input
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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
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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.
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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.
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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
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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
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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.
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.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
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.
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.
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,
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.
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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.
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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
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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
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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.
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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.
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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.
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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 $1 ,000,000 per
event.
· Standard Workers Compensation Insurance shall be identified for all employees and
subconsultant employees.
· The consultant shall indemnify, hold harmless, and defend the City against liability for
negligent acts during the term of the contract.
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5.7 Afnrmative Action
The City has adopted a policy establishing goals for minority and women business enterprises
in City procurements. A copy of this policy (Resolution 93-411) may be reviewed in me
Planning and Building Services Department at City Hall. All proposals shall submit ell!d<.-c;::~
of compliance with this policy.
5.8 SchCiillle
The City requires the qualified consultant to be available during the tefm of the contract. A
statement of accessibility/availability of the principals, including their office location shalJl11:e
included in the proposal. Using the date of the contract signing as "Day 1', the prospective
contractors shall develop a firm schedule through the submittal of the Screencheck Draft EIR'$.
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.
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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.
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