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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Resolution for a Professional
Services Agreement with LSA Associates,
Inc. for the Northpointe Project.
Dept: Development Services
Date: October 28, 2005
MCC Date: November 7,2005
Synopsis of Previous Council Action: None
Recommended Motion:
That said resolution be adopted.
r~
Contact person:
V::.]prip r R()~~, rity Pl::.nnPT
Phone: <;0<;7
Supporting data attached: Staff Report & Resolution Ward:
3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
~. ~l){J5 ~311
Agenda Item No.
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1l'1/o~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Resolution for a Professional Services Agreement with LSA Associates, Inc. for the
Northpointe Project.
BACKGROUND
Opus West Corporation has submitted Tentative Parcel Map No. 17174 and Development Permit II
No. 05-29 to subdivide approximately 24 acres for development 01'284,000 square feet of office and
28,800 square feet ofrestaurants uses and 35,500 square feet of specialty retail. The project site is
located on the west side of Tippecanoe Avenue, north of Hospitality Lane, across from Costco. Staff
determined that an Environmental Impact Report (ErR) would be required because of potential
impacts related to traffic and air quality.
Opus West Corporation is facing time constraints and wishes to process the applications as
expeditiously as possible. They have requested that the City retain LSA Associates, Inc. to prepare
the EIR because of their familiarity with both the City and the area. LSA Associates prepared the ErR
for the Hub project, which is located west of Tippecanoe Avenue, north and south of Harriman Place.
For that project, which is similar in size and uses, the Mayor and Common Council adopted Facts,
Findings and a Statement of Overriding Considerations because of air quality and traffic impacts that
could not be mitigated to a level less than significant. It is anticipated that the Northpointe project
will be similar.
FINANCIAL IMPACT
No cost to the City; Opus West Corporation will deposit funds to cover the cost ofLSA Associates'
services, in an amount not to exceed $55,000, pursuant to the proposed agreement.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the resolution for a Professional
Services Agreement between the City of San Bernardino and LSA Associates to prepare a Focused
Environmental Impact Report for Opus West Corporation for the proposed Northpointe project.
Exhibits:
Resolution
Attachment A
B
Agreement for Services
Letter from Opus West Corporation
1
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT FOR SERVICES WITH LSA ASSOCIA TES, INC. FOR THE
4 PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES.
RESOLUTION NO.
to)[P11
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. Opus West Corporation is processing a time-sensitive project and has
8 requested that the City retain LSA Associates, Inc. to prepare an Environmental Impact Report.
9 LSA Associates is competent, experienced, and able to perform said services based upon
10
previous experience in the City of San Bernardino. Pursuant to this determination, the
11
Purchasing Manager is hereby authorized and directed to issue a Purchase Order for said services
12
13
to LSA Associates. The Mayor is hereby authorized and directed to execute an Agreement for
14 Environmental Consulting Services; a copy of which is attached hereto (Attachment A).
15 SECTION 2. The authorization to execute the above referenced Purchase Order and
16 Agreement is rescinded if they are not signed and issued within sixty (60) days of the passage of
17 this resolution.
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~o 19
II /1 h
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
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4
5 Common Council of the City of San Bernardino at a
6
7
8
meeting thereof, held
on the
day of
, 2005, by the following vote, to wit:
.AJ3SENT
ABSTAIN
Council Members:
AYES
NAYS
ESTRADA
9 LONGVILLE
10
11
12
13
MC GINNIS
DERRY
KELLEY
14 JOHNSON
15 MC CAMMACK
16
17
18
19
20
City Clerk
The foregoing resolution is hereby approved this
day of ,2005.
Judith Valles, Mayor
City of San Bernardino
21
22 Approved as to
form and legal content:
23 I
I
24 \ .1-,. /'?- .(~~
,
'-
27
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- 2 -
A TT ACHMENT A
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
This AGREEMENT is made and entered into this _ 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 of 284,000 square feet
of office and 28,800 square feet ofrestaurants 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.
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 meet, 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, 5th 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.
LSA Associates, Inc.
Agreement For Services
Attachment A Page 3 of 3
. .
A. Comprehensive 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 ($1,000,000.00) per occurrence.
B. Worker's Compensation Insurance - The CONTRACTOR shall
maintain worker's compensation insurance in accordance with the
laws of the State of California for all workers employed by the
CONTRACTOR.
11. CONTRACTOR shall obtain and maintain a valid City Business
Registration Certificate during the tenn of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and date first above shown.
LSA Associates, Inc.
Date:
By:
CITY OF SAN BERNARDINO
By:
Judith Valles,
Mayor
Approved as to fonn
And legal content:
James F. Penman,
City Attorney
By:
2
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L S ^
1.$A Assot'IATES. INC.
1650 SPRUCE STREET, FlFTH Flooa 951.781.9310 TEL
RIVERSIDE. CALIfORNIA. 91507 951.781.4177 fAX
IERI.ELEY
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COL"""
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PAUli SPRltoIGS
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ATTACHMENT A-I
October 27, 2005
Valerie Ross
City of San Bernardino
Development Service Department
300 North "0" 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. ZZZ153601)
Dear Ms. Ross:
LSA Associates, Inc., (LSA) is pleased to submit this proposal 10 prepare an Environmental Impact Report
(EIR) for the Northpointe Office and Retail Project located on the northwest comer of Tippecanoe A venue
and Hospitality Lane in the City of San Bernardino. It is our understanding that the current project includes
approximately 348,000 square feet of total space comprising a 284,OOO-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 firm with proven experience preparing environmental
documents throughout southern California and in the City of San Bernardino. Having prepared the EIRs
for the Hub and Eminent OomainlZone 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.th~ 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, INC.
/vtdf-?~
Robert H. McCann
President
Attachment:
Scope of Work, Schedule, and Cost Estimate
10/1711005 tK:\PROPOSALIENVIRON\SAN BERDICityINonhpomle. Opus WestIClly EIR ProposaJ.1.doc
PLANNING
ENVIRONMENTAL SCIENCES
DESIGN
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 ErR 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 ErR;
. 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 proposedproject
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:\PROPOSAL\ENVIROI\~SAN BERD\City'c\iorthpointe - Opus West\City EIR Proposal_2.doc (10/27/2005)
LSA ASSOCIATES. INC.
OCTOBER 2005
PROPOSAL FOR PREPARATION OF AN Eli
NORTHPOINTE OFFICE AND RETAIL PROJECT
CITY OF SAN BERNARDINO
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 DRAFT 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 ofthe 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 sub~tantial 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 staff will 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
ofa Water Supply Assessment (as set forth in Sections 10910-10915 of the Water Code) will be required.
K:IPROPOSALIENVIROMSAN BERD\City\'\orthpointe - Opus West\City EIR Proposal_2.doc (10/27/2005)
2
LSA ASSOCIATES, INC.
OCTOBER 2005
PROPOSAL FOR PIEPAaATlON OP AN EIIt
NORTH POINT! OFFICE. AND aETAll paOJECT
CITY OF SAN BEI.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;.PROPOSALIE!\:VIROl\~SA!\I BERDICityl.'ionhpoinle. Opus WestlCily EIR Proposal_2.doc (10/2712005)
3
LSA ASSOCIATES, INC.
OCTOBER 2005
PROPOSAL FOR PREPARATION OF AN [1R
NORTHPO(NTE OFFICE AND RETAIL PROJECT
CITY OF SAN BERNARDINO
The following CEQA-mandated topics will be addressed:
Any significant irreversible environmental 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 Nap.
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:IPROPOSALIENVIRON\SA:-: BERDICIlylNorthpointe. Opus West\City EIR Proposat2.doc (10/27/2005)
4
LSA ASSOCIATES. INC.
OCTOBER 2005
PROPOSAL FOR PREPARATION OF AN Ell
NORTHPOINTE OFFICE AND RETAIL PROJECT
CITY OF SAN BERNARDINO
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 fornmlate 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:\PROPOSALIE:--JIiIROI\'\SAN BERD,Cilyl.",onhpoinle. Opus WestlCity EIR Proposal_2.doc (10/2712005)
LSA ASSOCIATES, INC.
OCTOBER 2005
PROPOSAL FOIit PREPARATION OF AN EIR
NORTHPOINTE OFFICE AND RETAIL PROJECT
CITY OF SAN BERNARDINO
5.2 Mitigation Monitoring and Reporting Program
Prior to the Planning Conunission 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) sununarizing the findings and mitigation measures contained in the Final EIR.
The Draft Fjndings and Statement of Overriding Considerations will be prepared and delivered to the City
in electronic format for review by legal counsel and finalization 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 Conunents, 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:\PROPOSAL\ENVIRON\SAN BERD\CityINorthpointe - Opus WestlCity EIR Proposal_2.doc (10/27/2005)
6
lSA ASSOCIATES. INC.
OCTOBEIl 1005
PROPOSAL FOil PREPARATION OF AN EIR
NORTHPOINTE OFFICE AND RETAIL PROJECT
CITY OF SAN BEIlNARDINO
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 detenninations 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 (California 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,IPROPOSALIENVIRON\SAN BERD\CilylNorthpomte - Opus WestlCity EIR Proposal_2.doc (10/27/2005)
7
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 NOP/IS 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.
Milestones and Schedule of Product Deliveries
Document Weeks from Start Number of Documents Provided
Project Kick-off Meeting ] N/A
Public Scoping Meeting 3-4 N/A
Administrative Draft EIR 2-3 10
Draft EIR 4-5 65
NOCINOA 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:IPROPOSALIENVIRO!'-',SAN BERDICilyl.'Jorthpoinle - Opus WeSlICity EIR Proposal_2.doc (10/27/2005)
8
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COST ESTIMATE
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
Job 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 Plarmer, Air Quality/Noise Analyst,
Assistant Biologist
Field Director
Field Crew
Research Assistant
Graphics
Office Assistant
Word Processing
Hourly Rate
$120 - 225
$75 - 175
$50 - 125
$40 - 85
$50 - 100
$35 - 75
$25 - 50
$70 - 100
$40 - 75
$60 - 90
LSA In-House Direct Expenses
Reproduction
Color Reproduction (8.5xll)
Color Reproduction (1 I x 17)
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
$0.10 per page
$1.00 per page
$3.00 per page
$0.405 per mjle
$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:IPROPOSALIENVIRONlSAN BERDICity'Norlhpointe. Opus WesllCily EIR Propos.I_2.doc (10/27/2005)
10
LSA ASSOCIATES. INC.
OCTOBER 2005
PROPOSAL FOR PR.EPARATION Of AN Eli
NOIlTHPOINTE OFFICE AND RETAIL PROJECT
CITY Of SAN BERNARDINO
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 ofrelevant 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 information 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 I :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 format. Any
requests for special invoicing requirements such as a change in format, 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.
KWROPOSAL\E:-JVIRO!\~SAN BERDICity'Northpointe - Opus WestlCity EIR ProposaI_2.doc (10/27/2005)
II
PROPOSAL POR PREPARATION Of AN EIIl
NORTHPOINTE Of PICE AND RETAIL PROJECT
CITY Of SAN BERNARDINO
LSA ASSOCIATES, INC.
OCTOBER 2005
Northpointe EIR Cost Estimate
LSA Cost
Staff Fees (Reimb.) Task Totals
1.0 Project Initiation $ 750 $ 750
Subtotal $ 750
2.0 Public Scoping Meeting $ 1,000 $ 100 $ 1,100
Subtotal $ 1,100
3.0 Administrative Draft EIR
Review Technical Studies $ 200 $ 200
Summary $ 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 $ l,J 00
ADElR Preparation $ 5,100 $ 1,000 $ 6,1000
Subtotal $ 10,800
4.0 Draft EIR $ 5,300 $ 5,000 $ 10,300
Subtotal $ 10,300
5.0 Final EIR
5.1 Response to Comments $ 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, Findings, and Overrides $ 4,800 $ 100 $ 4,900
Subtotal $ 20,150
6.0 Public Hearings/Meetings $ 3,200 $ ],000 $ 4,200
Subtotal $ 4,200
7.0 Project Certification $ 500 $ 1,000 $ 1,600
Subtotal $ 1,600
8.0 Project Administration $ 5,600 $ 100 $ 5,700
Subtotal $ 5,700
TOTAL $ 45,350 $ 9,250 $ 54,600
K:IPROPOSALIENVIRONlSAN BERDICity,'Jorthpointe. opus WestlCity EIR Proposal_2.doc (10/27/2005)
12
LSA ASSOCIATES. INC.
OCTOBER 200S
PROPOSAL FOR PREPARATION OF AN fIR.
NORTHPOINTf OFFICE AND RETAIL PROJECT
CITY OF SAN BERNARDINO
Proposed Estimate for Printingl
Document Number of Copies Number of Pages Per Document
Administrative Draft EIR 10 400
Draft EIR2 65 450
NOCINOA 65 2
Administrative Final EIR 10 500
Final EIR3 35 500
Notice of Determination 5 1
(including Screencheck)
Assumes final products (i.e., Draft ErR and Final ErR) are distributed in PDF/electronic format, with full hard
copies for staff, public counter, library, commissioners, and council members only.
2 Assumes 300 pages of document, including two color 8'12' x II" graphics (and no 11" x 17" graphics), and 150
pages of appendIces.
3 The Final ErR will include the Draft EIR, Response to Comments, Mitigation Monitoring Plan, and Facts,
FIndings and Ovemding Considerations.
KIPROPOSALIE:-;VIRO:';,SAN BERD\Ci,y,Northpoinle. Opus WeSl\Ci'y EIR Proposal_2.doc (10/27/2005)
13
. ~ OPUSe
OPUS WEST CORPORATION
A mcm/)fr- of Tfu OPU5 Gr-oup
OPUS GROUP
2020 Main Street, Suite 800
Irvine, CA 92614
Phone 949-622.1950
Fax 949-622-1951
A " CHI TEe T S
CON T RAe TOR S
D EVE LOP E R S
www.opuscorp.com
October 14,2005
ATTACHMENT B
Ms, Valerie CRoss
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
file 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 that we have
established over the past several years.
Thank you again for all your help.
Best Regards,
Opu West Corporation
Jeffe n E. '11, Jr.
Vice President Real Estate Development
cc: James Funk, Director
Fred Wilson, City Administrator
THE OPUS GROUP: Atlanta . Austin . Chic~go . Columbus . Dillu . [)(nvcr . Detroit. Fort uuderdiJc . Houston' Indianapolis' Kansas City . Los Angeles' Milwaukee
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino. CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.sbcity.org
November 16,2005
LSA Associates, Inc.
Attn: Robert McCann
1650 Spruce Street, 5th Floor
Riverside, CA 92507-2425
Dear Mr. McCann:
At the Mayor and Common Council meeting of November 7, 2005, the City of San Bernardino
adopted Resolution 2005-371- Resolution approving an agreement for services with LSA
Associates. Inc. for the provision of Professional Environmental Consulting Services.
Enclosed are one (1) original agreement and two (2) duplicate original agreements, to be
executed. Please sign in the appropriate locations and return the original and one (1) duplicate
original agreement to the City Clerk's Office, Attn: Eileen Gomez, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within sixty (60) days or by Thursday, January 5, 2006.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
i
Sincerely, /~ /, /"
~ ~ /-' /~
\ -.-L..' ./// /'/~i\ -, /
. ',- lV/-.
Eileen Gomez
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
tiI
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Mooting D," (D," ~'d)' \\-1 ( u<;" '10m # \ ~
Vote: Ayes Nays
Resolution #
~(}Qr; ~ j1 (
Abstain
Absent
Change to motion to amend original documents 0
Companion Resolutions
NullNoid After: 00 days / //"5:- 0 ~,
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0 POST 0 RECORD W/COUNTY 0
/
\\ .e I(()'<'
Date Sent to Mayor: 'v.) --7
~/
Date of Mayor's Signature: Jr W /0'> /
Date of Clerk/CDC Signature: } ~ 10 -- 'D~
By:
Reso. Log Updated: 0
Seal Impressed: 0
Reso. # on Staff Report 0
Date Memo/Letter Sent for Signature:
I sl Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Yes No By_
Yes No By_
Yes No By_
Yes No Bv
,,-
Yes No By_
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control
~
EDA
Information Services
Parks & Recreation
Police Department
Public Services
o
o
o
o
o
City Administrator
Facilities
/' Water Department
~dD
Notes:
Ready to File: _
Date:
Revised 12/18/03