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HomeMy WebLinkAbout2005-371 - .- '" - ,~'_.~"''"'' ""=~'.' "'-'" I . I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 III 22 23 24 25 26 27 28 RESOLUTION NO. 2005-371 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT FOR SERVICES WITH LSA ASSOCIATES, INC. FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Opus West Corporation is processing a time-sensitive project and has requested that the City retain LSA Associates, Inc. to prepare an Environmental Impact Report. LSA Associates is competent, experienced, and able to perform said services based upon previous experience in the City of San Bernardino. Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to issue a Purchase Order for said services to LSA Associates. The Mayor is hereby authorized and directed to execute an Agreement for Environmental Consulting Services; a copy of which is attached hereto (Attachment A). SECTION 2. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if they are not signed and issued within sixty (60) days of the passage of this resolution. III III - 1 - - .~.~ .... 2005-371 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN 2 AGREEMENT FOR SERVICES WITH LSA ASSOCIATES, INC. FOR THE PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 7th day of , 2005, by the following vote, to wit: November Council Members: AYES ESTRADA X - LONGVILLE X MC GINNIS X DERRY X KELLEY X JOHNSON X - MCCAMMACK X NAYS ABSTAIN ABSENT The foregoing resolution is hereby approved this ~_C!J{',.t.A~ ~ ay Qf November ,2005. Approved as to form and legal content: ?~ -2- . . .,. - - ~7__' "_. _____u~_c>__.._,___. . . ORIGINAL ATTACHMENT A LSA-CBD530 AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES This AGREEMENT is made and entered into this t'# day of November, 2005, by and between LSA Associates Inc. ("Contractor") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for environmental consulting services within the City and, B. WHEREAS, CONTRACTOR is competent and able to perform said services, and, NOW, THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish environmental consulting services to CITY regarding a proposed 24 acre development of284,000 square feet of office and 28,800 square feet of restaurants uses and 35,500 square feet of specialty retail, located on the west side of Tippecanoe Avenue, north of Hospitality Lane, in accordance with Attachment A-I. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount not to exceed $55,000, in accordance with Attachment A-I. 3. CONTRACTOR shall provide the Director of Development Services with a monthly statement of hours worked in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of the statement. 4. The term of this Agreement shall be from November 7, 2005 until November 7, 2006 or until completion of the project, whichever comes first. This Agreement may be terminated by two weeks written notice for any reason, by either party. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR'S performance under this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful or sole negligence. -=->f'i.<';l1'<"~';".=.'" . ~ ~~ , . . . LSA Associates, Inc. Agreement For Services Attachment A Page 2 of 3 6. CONTRACTOR shall perform work tasks as directed by the Director of Development Services or his designee, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY and, as such, shall not be entitled to any benefits, including but not limited to, medical insurance, retirement and workers' compensation. 7. CONTRACTOR understands and agrees that as the City's environmental consultant; CONTRACTOR shall maintain fiduciary duty and a duty of loyalty to the City in performing CONTRACTOR'S obligations under this Agreement. CONTRACTOR shall not m.eet, discuss, or otherwise communicate with any owner or developer of the subject property or with any of their employees, agents, contractors, or consultants, with regard to CONTRACTOR'S performance as described in Attachment A-I. 8. In the performance of this Agreement CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: To the City: James Funk Director of Development Services 300 North "D" Street San Bernardino, CA 92418 To the Contractor: Robert McCann LSA Associates, Inc. 1650 Spruce Street, 5tb Floor Riverside, CA 92507-2425 Nothing in this paragraph shall be construed to prevent the giving of notices by personal service. 10. CONTRACTOR shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the CONTRACTOR shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the CONTRACTOR performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty (30) days written notice from the insurer to the City prior to cancellation or amendment of any insurance policy of the CONTRACTOR. ~~.,.....""r..--_ - .. . , . . LSA Associates, Inc. Agreement For Services Attachment A Page 3 of 3 A. Comnrehensive General Liabilitv and Automobile Insurance - The CONTRACTOR shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Worker's Comnensation Insurance - The CONTRACTOR shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the CONTRACTOR. 11. CONTRACTOR shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and date first above shown. Date: 11/'2,1/0:> By: M.LS Associates, Inc. tJ7,- ~/J.. Iffc""""1 f>esidH- / CITY OF~m BERNARDINO By: Approved as to form And legal content: James F. Penman, City Attorney By: ~'t?~7!"!:",~,'!,-Y'~',!"" , f)l'~ .~" - ~ ' -~ ~ -"~" ~', , ..~ . . , . L S ^ LSA Assot"IAlES. INC. 1650 spauCE STilET. PIPTH P1.00R 9'1.781.9310 TIL IIV.RSIDB. CAUPOIMIA. 92507 951.781.4277 'AX IBaKELBY CAlLS. AD COLMA FoaT COLLINS IRVINB PALM 5,RINOS POINT RICHMOND 10CK.LlN SAN LU1S 081$PO ATTACHMENT A-I October 27. 2005 Valerie Ross City of San Bernardino Development Service Department 300 North uD" Street San Bernardino. California 92418 Subject: Proposal for the Preparation of an Environmental Impact Report for the Northpointe Office and Retail Project (LSA Proposal No. ZZZ1536Dl) Dear Ms. Ross: LSA Associates. Inc.. (LSA) is pleased to submit this proposal to prepare an Environmental Impact Report (EIR) for the Northpointe Office and Retail Project located on the northwest corner of Tippecanoe Avenue and Hospitality Lane in the City of San Bernardino. It is our understanding that the cunent project includes approximately 348.000 square feet of total space comprising a 284.000-square foot office building. 28.800 square feet of restaurant space. and 35.500 square feet of specialty retail space. LSA is a full-service environmental planning fInn with proven experience preparing environmental documents throughout southern California and in the City of San Bernardino. Having prepared the ElRs for the Hub and Eminent DomainfZone ChangelMercado projects as well as several Initial Studies for projects around the Norton reuse area. we are intimately familiar with the environmental issues facing the proposed project. Mr. Ray Hussey will perform.t!!~ duties of Project Manager on the Northpointe EIR. the following Scope of Work, Schedule and Cost Estimate have been prepared in anticipation of being included in the City contract to bind LSA in the preparation of the Northpointe EIR. We understand that the Northpointe Office and Retail Project is a high priority project and the EIR program will follow a tight schedule of completion. We respectfully submit this proposal and look forward to working with City staff in the preparation of the' Northpointe EIR. Should you have any questions regarding the contents of this proposal. please contact either Ray Hussey or me at (951) 781-9310. As President ofLSA. I am authorized to submit proposals on behalf of the organization. . Sincerely. LSA ASSOCIATES, IN<;. /ddl-?L- Robert H. McCann President Attachment: Scope of Work. Schedule. and Cost Estimate 10/2112005 (K:\PROPOSALIENVIRON\SAN BERD\CityINonhpoinIe. Opus WestICity EIR PYoposaL2.doc PLANNING ENVIRONMENTAL SCIINCES DESIGN ~-"F~'- P"- - ", --- , . , . SCOPE OF WORK TASK 1.0: PROJECT INITIATION In order to ensure the orderly flow of project efforts, a project kick-off meeting will be undertaken at the outset of the work effort. The meeting will be held with City staff and the applicant's development team to: . Establish a mutual understanding of the EIR program objectives and key issues, explore community concerns regarding the office/retail project, and discuss City expectations for the consultant's work effort; . Identify City department and governmental agencies and business, environmental, and service organizations whose input will be vital to the successful completion of the EIR program; . Refine the scope of work to be performed for the EIR; . Define protocols for requesting information of City staff and the applicant's team; . Refine the project schedule, establish protocols for product review and coordination with the City, and define project milestones and decision points; . Obtain relevant plans, reports, ordinances, and studies applicable to the project; and . Obtain the City's mailing list for environmental documents. Prior to the kick-off meeting, LSA will identify its document and information needs to assist City staff in accumulating the background information necessary to initiate the program. LSA suggests that project initiation meeting include a preliminary discussion of project alternatives and the manner in which cumulative impacts will be addressed in the EIR. Additionally, LSA will visit the project site with City staff and members of the applicant's development team to establish an understanding of existing site conditions, the physical setting of the proposed project site, and the relationship between the project site and adjacent lands/uses. The Notice of Preparation and Initial Study for the proposed project will be processed by the City, and is not part of this contract. Output: Clear project objectives, confirm scope of work and schedule, a mutual understanding of the process and protocols that will be followed, and an identification of key stakeholders in the program. K:IPROPOSAL\ENVIRON\SAN BERD\CityINorthpointe - Opus West\City ElR Propos.U.doc (1012712005) 1 ,.", '- LI. AIIOQJATII, INO. OOTOI.1. lOti PROPOIAL POI. ,I..PARATIOK or AN III. NORTHPOllfTI O"loa AND ILl TAIL .aDJIOT OITY or IAN III.NAI.DINO TASK 2.0: PUBLIC SCOPING MEETING LSA will conduct one public scoping meeting during or after the 30-day public review period on the NOP. In accordance with CEQA requirements, public scoping meetings are required for projects that meet certain minimum thresholds, including projects which contain 250,000 square feet or more of office space (the project includes 284,000 square feet of office space). The purpose of this meeting will be to provide the public the opportunity to express its concerns regarding the potential environmental impacts from the proposed project and to learn of the environmental process. LSA will solicit public input relative to the proposed project's environmental impacts, explain the EIR process, and respond to questions related to the preparation and processing of the environmental document for the proposed office/retail development. The City will be required to notice the time and location of the scoping meeting as well as to secure an appropriate venue for the meeting. Notice of the scoping meeting will be included in the Notice of Preparation and provided in accordance with standard City procedures. Output: Attendance at one public scoping meeting, presentation of project-related information, and the identification of areas of public concern. TASK 3.0: ADMINISTRATIVE DRAFf EIR 3.1 Project Description LSA will prepare a draft project description, defining the project to be evaluated in the EIR. The project description will be based on the most recent information provided by the City and the project applicant. In addition to providing a detailed narrative of the proposed project, the project description will discuss project objectives (as defined by the City) and geographical setting, and will summarize the discretionary approvals necessary from the City and other agencies. Each of the requirements in CEQA for an EIR project description will be included in this section. The project description will be submitted to the City for review and approval prior to the commencement of work on the Administrative Draft EIR. Output: Draft project description for City review and approval prior to substantial investment of time and project cost in analyzing the proposed project. 3.2 CEQA Review of Technical Studies Technical studies to be provided by the project applicant include a Traffic Impact Analysis and Air Quality Assessment. LSA will conduct a review of these studies to ensure that their approach and scope covers, at a minimum, the critical issues required for a CEQA document. Because LSA is currently preparing the technical traffic study for the subject project under a separate contract with the applicant, it should be noted that LSA's environmental staffwill conduct a CEQA review of this LSA-prepared study as well as the non-LSA-prepared Air Quality Assessment. This type of internal review and coordination between LSA technical and environmental staff is standard operating procedure. Because the size of the project exceeds the thresholds outlined in Section 10912 of the State Water Code (a proposed commercial office building having more than 250,000 square feet of floor area), preparation of a Water Supply Assessment (as set forth in Sections 10910-10915 of the Water Code) will be required. K:\PROPOSAL\ENVlRON\SAN BERD\CitylNorthpointe - Opus WcstlCity EIR Proposal_2.doc (1012712005) 2 ~~,~ '~W' - LIA A..OOIAT.I, INC. 00T08BI. UII .RO,OIAL 1'01. PRIPARATION OJ' AN KIa HORTHPOINTH 01"101 AND RITAJL .aOJIlOT CITY O' IAN ....NARDINO It will be the responsibility of the City to secure the Water Supply Assessment from the appropriate water purveyor and to provide said assessment to LSA for inclusion in the EIR. To ensure the timely inclusion of water supply data in the EIR, it is imperative that this assessment be requested and completed as early in the EIR process as possible. The preparation of additional technical studies is not included in this scope or budget. Under an augment to this scope/budget and as necessary for the completion of the EIR, LSA can prepare additional technical studies. Output: Review of technical studies and preparation of memo if necessary. 3.3 Administrative Draft Environmental Impact Report The Administrative Draft EIR will include a thorough assessment of the potential impacts that may result from the development and operation of the proposed office/retail uses and will contain the information set forth in Article 9 of the State CEQA Guidelines. 3.3.1 Identification and Assessment of Less than Significant Impacts. The EIR will identify those topics contained in the NOP and IS determined to be no impact, less than significant impact, or less than significant impact with mitigation. A brief summary of the discussion contained in the IS will be included for each of these topics, so that it is clear why they are not discussed any further in the EIR. 3.3.2 Identification and Assessment of Significant Impacts. LSA will analyze the environmental consequences of the proposed project for those topics of focus identified in the Initial Study. The Administrative Draft EIR will include a thorough assessment of the potential impacts that may result from the development and operation of the proposed office/retail uses and will contain the information set forth in the State CEQA Guidelines. This analysis will consist of the following tasks: - Evaluation and analysis of specific characteristics of the project vicinity as they affect and will be affected by the proposed project. - Assessment of the direct and indirect environmental impacts that will be created by the proposed project based on established thresholds of significance. - Graphic depiction of environmental and planning factors and their relation to the project and its implementation. - Formulation of specific mitigation measures that can be monitored effectively during subsequent development. - Analysis of the level of significance of project impacts after the application of mitigation measures. - Identification of potential alternatives to the proposed project. Up to three alternatives, along with a ''No Project - No Build" alternative, will be evaluated. The scope of the alternatives will be developed in consultation with the City. The evaluation of alternatives will provide a comparative analysis of alternatives to the proposed project. - Potential growth inducing aspects of the project will be discussed. K:\PROPOSALIENVIRON\SAN BERD\CityINorthpointc - Opus West\City ElR Proposal_2.doc (1012712005) 3 -,,-"'="""",,'" , ~'"n,," '",. ...~.H".'" .". .~ . . LIA .I.OOIATI., ]NO. OOTOIIIL .10. PI.O.OIAL POI. .REPAaATION or AN BIlL NORTHPOIHT& OF.IOI AND I.. TAIL 'ROJIOT CITY O' IAN ...HARDINO - The following CEQA-mandated topics will be addressed: Any significant irreversible enviromnental changes that would be involved in the proposed action should it be implemented; Unavoidable adverse impacts; Cumulative impacts of the proposed project; and Consistency of the proposed project with Regional Plans. The Administrative Draft EIR will include an assessment of the potential impacts resulting from the construction and operation of the proposed office/retail uses related to the following preliminary list of issue areas. . Air Quality . Transportation If, during the assessment of these issues, it is determined that potential impacts resulting from the construction and operation of the proposed office/retail uses may be potentially significant, the EIR will identify measures to reduce the significance of such impacts. As necessary, the City will provide information related to proposed, approved, and/or probable future projects for inclusion in the discussion of potential cumulative impacts. 3.3.3 Administrative Draft Environmental Impact Report Preparation. The Administrative Draft EIR will incorporate relevant data received during the Public Scoping Meeting, will address specific areas of concern identified from the Public Scoping Meeting, as well as address written responses to the NOP. These work efforts will be compiled into an Administrative Draft EIR, along with analysis of topical issues required by CEQA, an introduction, and project description. The EIR will further identify any impact that cannot be reduced to a less than significant level. The Administrative Draft EIR will be submitted to the City for review and will then be modified based on comments received. The City's comments on the Administrative Draft EIR will be assembled into a single document, providing specific and non-contradictory comments. LSA will revise the document as necessary to accommodate City comments. The cost estimate provides for two cycles of review by City staff and applicant team of the Administrative Draft EIR. Additional cycles of review can be accommodated through an augment to this scope and budget. Output: Prepare and distribute up to ten (10) copies of the Administrative Draft EIR to the City and the applicant team. TASK 4.0: DRAFT EIR Following review and modifications to the Administrative Draft EIR, a Draft EIR will be prepared and distributed to affected agencies and the public for the 45-day public review period within one week of receiving a complete, specific, and non-contradictory set of comments from the City. LSA will utilize the most recent distribution list compiled and provided by the City. LSA will prepare the Notice of Completion (NOC) to accompany the required copies of the Draft EIR to the State Clearinghouse, and K:\PROPOSAL\ENVIRONlSAN BERDICitylNorthpointe - Opus WestlCity EIR ProposaJ_2.doc (1012712005) 4 -~-=='''.~"m''''''''-".,,,,,,'n.c.c=-,.,,;;c' u_ -,". ~ '''~_-'CT .' " .' - . ,"' ~~----- "'-,--,,,,_- --.' -", 'p-~,'--'_-""'r',n<~'.,.,~~,' LaA AIIOCIATI., INC. OCTOIII. .... PRO.OIAL .01. .R.'ARATION 0' AN III. NORTH.OINTI 0"101 AND I..TAIL '.OJICT CITY or IAN IIRNARDINO will prepare a Notice of Availability (NOA) of the EIR for filing with the City and the San Bernardino County Clerk. The City will be responsible for filing the NOA with the County Clerk. Output: LSA will prepare and distribute up to seventy-five (75) copies of the Draft EIR, NOA, and technical appendices. Fifteen (15) of these copies will be submitted along with the NOC to the State Clearinghouse. LSA will provide up to ten (10) copies (bound) and one unbound, reproducible copy of the Draft EIR to the City. As permitted by CEQA and the Governor's Office of Planning and Research (OPR) and unless otherwise requested, the Draft EIR and appendices will be reproduced in electronic format on a CD in Adobe Acrobat Portable Document Format (including the graphics and technical appendices) along with the cover page, title page, table of contents, and the summary chapter as a hard copy. Complete sets of the Draft EIR and appendices, single-sided and spiral bound, will be provided as needed for City Planning Commissioners, Council members, the front desk, and library. TASK 5.0: FINAL EIR The Final EIR will include an Executive Summary of the Draft EIR, the Draft EIR (as modified in response to comments received), letters of comments and responses on the Draft EIR, and the Mitigation Monitoring and Reporting Program. Draft Facts, Findings, and Statement of Overriding Considerations (FFSOC) will be prepared. The FFSOC is part of the City's administrative record and is not part of the EIR, so final edits, revisions, and production of the FFSOC will be the City's responsibility. 5.1 Responses to Comments At the close of the 45-day public review period for the Draft EIR and prior to the Planning Commission hearing on the project, LSA will coordinate with City staff to review all comments on the Draft EIR that were received and to discuss potential responses to these comments. LSA will then formulate responses to the comments on the Draft EIR received during the public review period. Up to a maximum of 80 hours of professional staff time has been budgeted for responding to comments. If, at the end of the 45-day review period, it is clear that more than this amount of time will be required to respond to comments received, a budget augment may be necessary. Once draft responses to comments are completed, they will be submitted to City staff for review and comment. The review comments will be incorporated into the response to comments document, which will be submitted to the City for use in public hearings. As required by State law, it will be necessary to distribute the responses to comments directly to each commenting agency 10 days prior to the public hearing decision on the Final EIR. The responses to comments will be included in the Final EIR. Output: Prepare draft responses to all comments on the Draft EIR that were received during the public review period, submit to City for review and comment, and revise responses to comments based on review comments. Distribute 5 copies of the Responses to Comments to the City and additional copies to be sent to the Commenting Agencies. 5 K:\PROPOSAL\ENVlRON\SAN BERDlCitylNorthpoinlc - Opus WestICity ErR ProposaI_2.doc (1012712005) --'~'.""t'-""".".'."'.-," ~", ',,~ , , ""~'~~ LIA AIIOCIATI.. INa. oaTO.I.. .11. .1.0.0IAL .01. ,I.I'AI.ATION 0' AN III. NoaTH.OINTI O"lal AND RITAIL 'ROJEaT alTY O. IAN .II.NAI.DINO 5.2 Mitigation Monitoring and Reporting Program Prior to the Planning Commission hearing on the project, LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP) to assist the City in implementing the mitigation measures contained in the EIR. The MMRP will delineate the procedures for monitoring and complying with each mitigation measure, identify the agency/position responsible for the monitoring and reporting of each measure, the funding source (if applicable or necessary), and the schedule for implementation. LSA will be assisted by City staff to determine the existing City mechanisms for ensuring implementation of standard mitigation measures. Output: An MMRP to be incorporated into the Final EIR to ensure the implementation of EIR mitigation measures, meeting applicable CEQA and City requirements. 5.3 Facts, Findings, and Statement of Overriding Considerations Prior to hearings on the project, LSA will prepare a Draft Facts, Findings, and Statement of Overriding Considerations (FFSOC) swmnarizing the findings and mitigation measures contained in the Final EIR. The Draft Findings and Statement of Overriding Considerations will be prepared and delivered to the City in electronic format for review by legal counsel and fmalization by the City. Output: Preparation of Draft Findings and Statement of Overriding Considerations to be delivered to the City in electronic format for review by legal counsel and finalization by the City. 5.4 Administrative Final EIR LSA will prepare an Administrative Final EIR that includes the Draft EIR, Response to Comments, Facts, Findings, and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program for City review and comment. To facilitate review of the Final EIR, revisions made subsequent to the public review of the document will be depicted utilizing underline/strikeout text. The Administrative Final EIR will be submitted to the City for review and comment. Output: Up to three (3) bound copies of the Administrative Final EIR for City review and comment. 5.5 Final EIR The Administrative Final EIR will be revised per City staff comments and compiled into a Final EIR prior to public hearings on the project and EIR. Output: Prepare for the City up to thirty-five (35) copies of the Final EIR. LSA will distribute the appropriate numbers of the Final EIR on CD-ROM in Adobe Acrobat Portable Document Format. Additionally, the City will be provided one unbound, single-sided reproducible original and one electronic copy. K:IPROPOSAL\ENVlRON\SAN BERD\CitylNorthpointe - Opus Wcst\City EIR ProposaU,doc (1012712005) 6 -~-'" -O_Cf ". H,"'''.-~ LB. .I.OOIATI., INO, OCTOIII. 1101 PROPOIAL POI. .I.&PARATION or AN III. NOI.TH'OINTI OPPIOI AND ...TAIL '.OJIOT CITY or IAN BII.NAI.DINO TASK 6.0: PUBLIC HEARINGS/MEETINGS LSA will attend one Public Scoping Meeting (see Task 2.0), two public hearings, and up to two project meetings (see Task 8.0). It is anticipated that public hearing attendance will include one meeting each of the Planning Commission and the City Council related to approval of the proposed project and certification of the EIR. As appropriate, LSA will make presentations to each body, explaining the content, findings, and determinations of the EIR, and will respond to relevant comments raised during public hearings. Output: Attendance at one meeting each of the Planning Commission and City Council. TASK 7.0: PROJECT CERTIFICATION Upon adoption of the Final EIR, LSA will provide the City with the Notice of Determination (NOD) for submission to the County Clerk. While LSA will prepare the NOD, it is the responsibility of the City to file the NOD with the County Clerk. It should be noted that failure to file the NOD within five business days of project approval will substantially increase the period in which the project approval may be legally challenged. LSA will complete applicable forms to comply with AB 3158 (Califomia Department ofFish and Game filing fees) and provide them to the City for filing. If the project is not exempt, it will be the responsibility of the project proponent to pay any applicable Department ofFish and Game filing fees. Output: Preparation and filing of the Notice of Determination, and submittal of certified, Final EIR to the City. TASK 8.0: PROJECT ADMINISTRATION The work program is intended to ensure the smooth functioning of the EIR process for the project by maintaining open communications with the City and the applicant team. LSA will maintain a continuous liaison with the City and the applicant team by identifying and defining key issues as they arise, and coordinating a response to them acceptable to the City and the applicant team. Two project meetings have been budgeted into this scope of work in addition to the project kick-off meeting (see Task 1.0) and the Public Scoping Meeting (see Task 2.0). Output: Ongoing coordination between LSA, City staff, and the applicant team to ensure the smooth functioning of the EIR program. K:\PROPOSAL\ENVIRONlSAN BERDICityINorthpointe - Opus WestlCity EIR ProposaC 2.dGe: (1012712005) 7 ,~""'n, m"" , ' , "",.,,~~,,- PROJECT SCHEDULE Based on past experience, we anticipate that the Administrative Draft EIR will be produced 2 weeks following the City's circulation of the NOPlIS for 30-day public review. This estimate is dependent upon the timely receipt of all relevant and required studies or other material supplied by the applicant and/or City. The Draft EIR will be produced within one week of a complete and non-contradictory set of comments from the City on the Administrative Draft EIR. The Final EIR, including responses to comments and the mitigation monitoring plan, will be produced within four weeks of the end of the 45- day Draft EIR review period. Key milestones and a schedule of product deliveries are shown in the following table. MUestones and Schedule of Product Deliveries Document Weeks from Start Number of Documents Provided Project Kick-oft'Meeting 1 N/A Public Scoping Meeting 3-4 N/A Administrative Draft EIR 2-3 10 Draft EIR 4-5 65 NOC/NOA 4-5 65 Administrative Final EIR 12 3 Final EIR 14 35 Notice of Determination 14 5 A preliminary schedule, based on an estimated start date (kick-off meeting) of November 7, 2005, including assumed review turn-around times, is provided at the end of this proposal. K:\PROPOSAL\ENYIRON\SAN BERDICityINortbpointe. Opus WcstICity ElR Propo..U,doc (10/2712005) 8 ~..~.,.."..~. "T" , . .t~ --.-.....-.......-..-.--,-..... -.-.-.-.-.........---...-..... I . ~ ~ ... ... III .-.-.-.----....--.------.-.-----....-.---.-. .._U___..._".,____._...._.m_'H"H_...._".,_.__.H'''_'''_H''''"._._._____.._.___._._____UH.___._.__.......H.........._. e I e l l.. I ::I en 5 !~ ~ .~ Ul I~ 1 '~ i 1 ... ... 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Gl ~ 3: ~ ::I I- ~ II. ll. ll. ::I ::I 1::::11 3: :1- l- I- I- :,i il! ~ Gl e i~ ~ l! ~ '~ ...J 'n. '0> Ul 01 IC .Il It l~ '0 Il!: ~ ~ 15 & 1lI 'Gl iii ill!: C i ~ .D .Gl ,'g i'15 i 10 I~ in. J!I :1: 0:: C ~ C ,Ill Lii I 0 ... ::IE Gl ,~ iGl i ! g 1lI t ii Il!: i.~ e ie ~ ,I- Lii i,!! I .5 ''15 c ~ ~ !~ !~ u: i ! < i f I'~ I ~ .!O! !5 ~ .. .5 Il!: i25 Il!: S ,::0 'g g :z: u J .!! I II! g iii Il!: ~ iii 91 !~ laJ Il!: .!! i ~ ii !Ul V) Ji il .!II Lii '>0 C I.~ .!II Lii Ji 1 ~ C III oS ~ :ftI C .5 l. c E c i c II. IB I~ 'E ~ l. .. E ... ... :w ::l "It :* In ~ ::l ... ... ~ ... in. u c ,::0 ill. u: --I E ... ... ... i ... ... ... i " ! . ! ! ! . z J {! {! " I- ... ... ! .. A- .. e j ... .. 0 " COST ESTIMATE "~'-P""""'~-:;~''''~~"b_:..,"c~_~ '< We propose to accomplish these tasks on an hourly basis, consistent with the hourly billing rates and direct expenses as shown below. LSA Hourly Billing Rates as of September 1, 2005 lob Classification Principal Associate, Senior Planner, Sr. Environmental Planner, Sr. Transportation Planner, Sr. Biologist Planner, Environmental Planner, Transportation Planner, Biologist Assistant Planner, Assistant Environmental Planner, Assistant Transportation Planner, Air Quality/Noise Analyst, Assistant Biologist Field Director Field Crew Research Assistant Graphics Office Assistant Word Processing LSA In-House Direct EXDenses Reproduction Color Reproduction (8.5xll) Color Reproduction (llxI7) Mileage Road Off-road Facsimile Plotting Diazo Printing Film (developing billed separately as a direct cost) Disposable camera and film Search of Specialized Data Bases Per map/GPS Unit Arc map/GPS Unit Aerial Photos Hourly Rate $120 - 225 $75 - 175 $50 - 125 $40 - 85 $50 -100 $35 - 75 $25 - 50 $70 - 100 $40 - 75 $60 - 90 $0.10 per page $1.00 per page $3.00 per page $0.405 per mile $0.555 per mile $1.00 per page $5.00 per linear ft. $0.20 per sq. ft. $5.00 per roll $10.00 per camera $100.00 per inquiry $200.00 per day $150.00 per day $200.00 per photo K:\PROPOSAL\ENVlRON\SAN BERDICitylNorthpointc - Opus WcstICity EIR ProposaC2.doe (10/2712005) 10 ,c~..~...." '"~~ . ....----..",.. LIA AIIOQIATII. INO. oaTOI.. IOU ,..orOIAL rOR PRIPARATION or AN Ill. NORTHPOINTI orPIOI AND I.ITAIL ,aOJECT OITY or IAN BlaNARDINO EIR Cost Estimate (Not-to-Exceed) Based on the above scope of work, LSA will prepare the Project EIR at an estimated cost of$54,600.00. LSA will provide monthly billing to the City for all time and material efforts associated with this proposed scope. A breakdown of this cost per the tasks itemized previously is provided on the following page. Cost Proposal Specifications The cost estimate is based on the specifications listed below. . The cost to prepare the EIR does not include activities outside the scope of services presented in our proposal. . The cost estimate is based on hourly labor rates and material cost markups for LSA provided in this submittal. Any agreed-upon out-of-scope costs and additional work will be based on the prevailing fee schedule in effect at the time the additional work is authorized. . Cost and schedule estimates are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by City needs and other circumstances. LSA will endeavor to perform the services and accomplish the objectives within the estimated costs and schedule; however, if the scope of work or schedule changes, we reserve the right to revise our costs accordingly. . The City will provide LSA with copies of relevant documentation relating to the physical or other conditions concerning the project site within five working days after the City has given authorization to proceed. It is assumed that LSA can use and rely on the data and infonnation contained in these documents. While LSA will review these documents to determine if they are adequate to use in an EIR, we will not be responsible for the content or accuracy of these studies. . The City will arrange the date, place, and time for any public hearings on the project. . LSA will attend two public hearings regarding approval of the EIR, and up to two additional project meetings throughout the course of the EIR preparation. . We assume one City comment/LSA revision cycles for the screencheck draft EIR and one cycle for the final EIR. . LSA assumes that, by receipt of notice to proceed, full access to the property will be provided by the project applicant, including (as applicable) keys to locked gates and advance notice to existing property tenants of our right of entry. LSA will be provided unencumbered access to the site and no delays will be encountered once on the site. . The project applicant will provide detailed site plan maps. The maps will show topography and boundaries at a scale of 1 :24,000 or better. . The cost estimate is valid for a period of 6 months from the proposal due date. Beyond 6 months, LSA reserves the right to re-evaluate the estimated costs. . The cost for invoicing presented in this proposal is for issuing invoices in our standard fonnat. Any requests for special invoicing requirements such as a change in fonnat, or other requirements will be billed as an approved augment to the contract on a time-and-materials basis. . Cost for preparing the project's Water Supply Assessment will be the responsibility of the City and/or developer. K:\PROPOSAL\ENVIRON\SAN BERD\CityINorthpointe - Opus WcstICity EIRProposal_2.doc (1012712005) 11 C~\T""C' L8A ASSOCIATES, INC. OOTOIIR 1111 PI.O.OIAL POI. PRIPAI.ATIOH or AN Ell. NOI.THPOINTI 01"101 AND I.ITAIL .aOJIOT OITY or IAN IIRNARDINO Northpointe EIR Cost Estimate LSA Cost Staff Fees (Relmb.) Task Totals 1.0 Project Initiation $ 750 $ 750 Subtotal S 750 2.0 PubUc Scopln2 Meetlnl! $ 1,000 $ 100 $ 1,100 . Subtotal S 1,100 3.0 Administrative Draft EIR Review Technical Studies $ 200 $ 200 S $ 1,000 $ 1,000 Introduction $ 700 $ 700 Traffic $ 600 $ 600 Air Quality $ 400 $ 400 Other/Growth Inducing $ 350 $ 350 Cumulative $ 350 $ 350 Alternatives $ 1,100 $ 1,100 ADEIR Preparation $ 5,100 $ 1,000 $ 6,1000 Subtotal S 10,800 4.0 Draft EIR $ 5,300 $ 5,000 $ 10,300 Subtotal S 10,300 5.0 Final EIR 5.1 Response to Conunents $ 7,600 $ 100 $ 7,700 5.2 MMRP $ 2,100 $ 100 $ 2,200 5.3 Screencheck Final EIR $ 4,600 $ 750 $ 5,350 5.4 Fact, Findinl!s, and Overrides $ 4,800 $ 100 $ 4,900 Subtotal S 20,150 6.0 Public Hearln25lMeetln2S $ 3,200 $ 1,000 $ 4,200 Subtotal S 4,200 7.0 Project Certification $ 500 $ 1,000 $ 1,600 Subtotal S 1,600 8.0 Project Administration $ 5,600 $ 100 $ 5,700 Subtotal S 5,700 TOTAL S 45,350 S 9,250 S 54,600 K:\PROPOSALIENVlRONlSAN BERD\CitylNorthpointe - Opus WestlCity EIR Proposal_2.doc (1012712005) 12 ce_cc,,' c.~,. .__..,,~ __ . . LaA AIIOOIATII. INO. OOT0811. Uti ,.orD'AL rol. PRI'AaATION or AN III. IfOI.THPOINTI 0..101 AND I..TAIL PI.OJIOT CITY or IAN BIRNARDINO Proposed Estimate for Printingl Document Number of Copies Number of Pages Per Document Administrative Draft EIR 10 400 Draft EIR2 65 450 NOC/NOA 65 2 Administrative Final EIR 10 500 Final EIR3 35 500 Notice ofDetennination 5 1 (including Screencheck) Assumes final products (i.e., Draft EIR and Final EIR) are distributed in PDF/electronic format, with full bard copies for staff, public counter, library, commissioners, and council members only. 2 Assumes 300 pages of document, including two color 8'1z" x 11" graphics (and no 11" x 17" graphics), and 150 pages of appendices. 3 The Final EIR will include the Draft EIR, Response to Comments, Mitigation Monitoring Plan, and Facts, Findings and Overriding Considerations. K:\PROPOSAL\ENVlRON\SAN BERDlCitylNorthpointc - Opus West\City EIR ProposaC2.doc (10/2712005) 13 _ _H_ , , , OPUS. THE OPUS GROUP OPUS WEST CORPORATION A _be. of 'Th< Optu G.....p 2020 Main Street, Suite 800 Irvin", CA 92614 Phone 949-622-1950 Fax 949-622-1951 ARC HIT E C T S CON T RAe TOR S D EVE LOP E R S www.Opuscorp.com October 14,2005 ATTACHMENT B Ms. Valerie C. Ross Deputy Director/City Planner City of San Bernardino Development Services Department 300 North "D" Street San Bernardino, CA 92418 RE: Northpointe Development Permit (Type II) No. 05-29 Tentative Parcel Map 17174 Subdivision 05.11 Dear Ms. Ross: Thank you again for taking the time to meet with me and discuss our development application on me with the City. We are trying to move forward very rapidly with the entitlement review process as we have a very large, Fortune 100, employer looking to relocate into the City of San Bernardino and bring over 2,000 new white collar jobs. In order for us to complete the development of this project and meet their targeted move-in date, we are asking that the City of San Bernardino retain the services of LSA Associates to prepare and complete the Environmental Impact Report for the City of San Bernardino. We are in complete agreement that we will reimburse the City of San Bernardino for such costs and are prepared to do so immediately. We have submitted an Initial Study with the City of San Bernardino as part of our application process and have also completed many of the ancillary reports required by City Staff for the Initial Study. Please let us know what other materials or reports might be missing or need further study, so that these reports can be completed quickly. " Opus West looks forward to continuing our long-term relationship with the City thilt we have established over the past several year8. Thank you again for all your help. Best Regards, o~ration Je~ll,Jr. Vice President Real Estate Development cc: James Funk, Director Fred Wilson, City Administrator THE OPUS GROUP, Atlanta . AUltin . Cblcago . CoIumbul . Dallal . Denver . Detroit . Fort Lauderdale . HoulIOn . indianapolis . ~nsal City . Los Angeles . Milwaukee _ ...__~ _ '*"___~___~_ _ ..__ 8-___~"'.._ ... 1r'_.......I_ A r. l' _.:.. ... "1'"..__... tA1.....ift..t...'" n C"