HomeMy WebLinkAbout14-Development Services
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution approving a
Professional Services Agreement with LSA
Associates, Inc. for the Hospitality Mixed
Use Retail Center project.
Dept: Development Services
Date: June 20,2006
MCC Date: July 10, 2006
Synopsis of Previous Council Action: None
Recommended Motion:
Adopt Resolution.
~t/.~
Valerie C. Ross
Contact person:
Terri Rahhal, City Planner
Phone:
5057
Supporting data attached: Staff Report & Resolution Ward:
3
FUNDING REQUIREMENTS: Amount: No cost to the City - project proponent will deposit
funds in an amount not to exceed $107,170 to cover
the cost of services.
Source:
(Acct. No.) 772-190-2301
(Acct. Description) Full Consultant Cost
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
. STAFF REPORT
SUBJECT:
Resolution approving a Professional Services Agreement with LSA Associates, Inc. (LSA) for the
Hospitality Mixed Use Retail Center.
BACKGROUND:
On behalf of the property owner, Alexandra Holdings, LLC, Inland Project Management, Inc. has
submitted Tentative Parcel Map No. 17772 to subdivide approximately 7.2 acres for development of
a mixed use retail center located on the south side of Hospitality Lane, on the east side of the Gage
Canal. A Development Permit application is under preparation to propose two retail buildings of
7,000 and 8,000 square feet on the portion of the site fronting Hospitality Lane, reserving the rear
portion of the site for additional mixed retail and office uses, and potentially a hotel. Development of
the entire site will be considered in the environmental analysis. The Development/Environmental
Review Committee determined that an Environmental Impact Report (EIR) would be required due to
potential impacts related to traffic and air quality. The LSA scope of services also includes evaluation
of potential impacts on cultural and biological resources.
Alexandra Holdings, LLC is facing time c.onstraints and wishes to process development 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 project area. LSA Associates is
uniquely qualified to prepare the EIR for the Hospitality Mixed Use Retail Center, due to their recent
experience and background information compiled in the preparation of the EIR for the Opus West
(Wells Fargo) project across the street from the subject site, as well as the Hub project EIR. For both
of these previous projects, the Mayor and Common Council adopted Facts, Findings and Statements
of Overriding Considerations because of air quality and traffic impacts that could not be mitigated to
less than significant levels. It is anticipated that the impacts of the Hospitality Mixed Use Retail
Center will be similar.
FINANCIAL IMPACT:
No cost to the City; Alexandra Holdings, LLC will deposit funds to cover the cost of LSA Associates,
Inc., services, in an amount not to exceed S 1 07,170.00, pursuant to the proposed agreement.
RECOMMENDATION:
Staff recommends that the Mayor and Common Council adopt the resolution approving a
Professional Services Agreement between the City of San Bernardino and LSA Associates, Inc. to
prepare an Environmental Impact Report for the proposed Hospitality Mixed Use Retail Center.
Exhibits:
Resolution
Attachment "A" Agreement for Services
Attachment "B" Letter from Alexandra Holdings, LLC
1
2
3
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
4 AGREEMENT FOR SERVICES WITH LSA ASSOCIATES, INC. FOR THE
PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7
8
SECTION I. Inland Project Management, Inc. is processing a mixed-use retail center
9
development project in the City of San Bernardino, on behalf of the property owner, Alexandra
10 Holdings, LLC. and has requested that the City retain LSA Associates, Inc. to prepare an
11 Environmental Impact Report. LSA Associates, Inc. is competent, experienced, and uniquely
12 qualified to perform said services, based upon previous experience in the City of San Bernardino.
13 Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to
14 issue a Purchase Order for said services to LSA Associates, Inc. The Mayor is hereby authorized
15
and directed to execute an Agreement for Environmental Consulting Services; a copy of which is
16
attached hereto (Attachment A) and incorporated herein.
17
18
SECTION 2. The authorization to execute the above referenced Purchase Order and
19 Agreement is rescinded if they are not signed and issued within sixty (60) days of the passage of
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- I -
1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
2 AGREEMENT FOR SERVICES WITH LSA ASSOCIATES, INC. FOR THE
3 PROVISION OF PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held
6 on the
7
8
day of
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
18
19
20
21
22
23 Approved as to
form:
24
25
26
The foregoing resolution is hereby approved this day of , 2006.
Patrick J. Morris, Mayor
City of San Bernardino
27
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- 2 -
Attachment A
AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT is made and entered into this day of
2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter
city ("City"), and LSA Associates, Inc., a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant perform the environmental
consulting services described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in
connection with the project described below (the "Project") and desire to set forth their
rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Contractor shall furnish environmental consulting
services to City regarding a proposed mixed use retail center consisting of two single-
story retail buildings of 7,000 sq. ft. and 8,000 sq. ft., additional retail and office uses and
potentially a hotel on 7.2 acres located on the south side of Hospitality Lane, east of the
Gage Canal, in accordance with Attachment A-I, attached and incorporated herein.
1.2. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professional consultants in similar fields and circumstances
in accordance with sound professional practices. Consultant also warrants that it is
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this
Agreement.
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1.3. Warrantv. Consultant warrants that it shall perform the services required
by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement.
Consultant shall indemnify and hold harmless City from and against all claims, demands,
payments, suits, actions, proceedings, and judgments of every nature and description
including attorneys' fees and costs, presented, brought, or recovered against City for, or
on account of any liability under any of the above-mentioned laws, which may be
incurred by reason of Consultant's performance under this Agreement.
104. Non-discrimination. In performing this Agreement, Consultant shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter
into agreements with other consultants for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City. Consultant may engage a subcontractor(s) as permitted
by law and may employ other personnel to perform services contemplated by this
Agreement at Consultant's sole cost and expense.
1.7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term ofthis Agreement.
1.8. Dutv of Lovaltv: The Consultant understands and agrees that as the City's
environmental consultant, Consultant shall maintain fiduciary duty and a duty of loyalty
to the City in performing Consultant's obligations under this Agreement. Consultant
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 Consultant's performance as described in Attachment A-I.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall be paid
for such services an amount not to exceed $107,170.00, in accordance with Attachment
A-I.
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2.2. Additional Services. Consultant shall not receive compensation for any
services provided outside the scope of services specified in the Response unless the City
or the Project Manager for this Project, prior to Consultant performing the additional
services, approves such additional services in writing. It is specifically understood that
oral requests and/or approvals of such additional services or additional compensation
shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Project
Manager for approval on a progress basis, but no more often than monthly. Said invoice
shall be based on the total of all Consultant's services which have been completed to
City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days
from the date City receives said invoice. Each invoice shall describe in detail, the
services performed and the associated time for completion. Any additional services
approved and performed pursuant to this Agreement shall be designated as "Additional
Services" and shall identify the number of the authorized change order, where applicable,
on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City or its Project Manager for inspection and/or
audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services shall be performed in strict compliance
with the Project Schedule approved by City as set forth in Attachment A-I. The Project
Schedule may be amended by mutual agreement of the parties. Failure to commence
work in a timely manner and/or diligently pursue work to completion may be grounds for
termination of this Agreement.
3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue for a period of one (1) year, ending one year after the Effective Date, unless
previously terminated as provided herein or as otherwise agreed to in writing by the
parties.
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4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise by
the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to Consultant, at no cost to City. Any use of uncompleted
documents without specific written authorization from Consultant shall be at City's sole
risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation lllsurance as required by the State of
California.
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(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant
shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the
work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to this subject project and contract with
City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
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Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Consultant called for by this Agreement, except as otherwise expressly
provided in this Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly
with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be
its agent in all consultations with City during the term of this Agreement. Consultant or
its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
IF TO CONSULTANT:
Lynn Calvert-Hayes
LSA Associates, Inc.
1500 Iowa Ave., Ste. 200
Riverside, CA 92507
Fax: (951) 781-4277
Tel: (951) 781-9310
IF TO CITY:
Valerie C. Ross
Director of Development Services
300 North "0" Street
San Bernardino, CA 92418
Fax: 909-384-5080
Tel: 909-384-5357
6.5. Attornevs' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this contract on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this
paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
competent jurisdiction located in San Bernardino County, California.
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6.7. Assignment. Consultant shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or any part of Consultant's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
or assignment shall release Consultant of Consultant's obligation to perform all other
obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8 Indemnification and Hold Harmless. Consultant shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims or workers' compensation claims,
arising out of or in any way connected with the intentional or negligent acts, errors or
omissions of Consultant, its employees, agents or subcontractors in the performance of
this Agreement.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Consultant and its officers, agents, and employees, and all business
licenses, if any are required, in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Consultant or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City. Consultant agrees that any
such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Consultant. City shall
indemnify and hold harmless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its
authorized representative, at no additional cost to the City.
6.11 Public Records Act Disclosure. Consultant has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets, as that
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term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as
confidential all information obtained by it that is designated as a trade secret. The City
shall not, in any way, be liable or responsible for the disclosure of any trade secret
including, without limitation, those records so marked if disclosure is deemed to be
required by law or by order of the Court.
6.12. Responsibilitv for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant occurs, then Consultant shall, at no cost to
City, provide all necessary design drawings, estimates and other Consultant professional
services necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6.13. Prohibited Emplovment. Consultant will not employ any regular
employee of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.16. No Third Party Beneficiarv Rights. This Agreement is entered into for the
sole benefit of City and Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
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6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought. The waiver of any right or remedy in respect to any occurrence or
event shall not be deemed a waiver of any right or remedy in respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
6.21. Severabilitv. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance. Notwithstanding the foregoing,
if the value of this Agreement, based upon the substantial benefit of the bargain for any
party is materially impaired, which determination as made by the presiding court or
arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute
such provision(s) through good faith negotiations.
6.22. Counteroarts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.23. Coroorate Authoritv. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
III
III
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AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO,
A Municipal Corporation,
CONSULTANT
LSA ASSOCIATES, INe.
By
Patrick J. Morris, Mayor
Signature
Name and Title
Approved as to form:
James F. Penman,
City Attorney
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L S ^ I
LSA ASSOCIATES, tNe.
1650 SPRUCE STREET, 5TH FLOOR 951.781.9310 TEL
RIVERSIDE.. CALIFORNIA 92507 951.781.4277 FAX
BERKELEY
CARLSBAD
COlMA
FORT COLLINS
IRVINB
PALM SPRINGS
POINT RICHMOND
ROCKLIN
SAN LUIS OBISPO
ATTACHMENT A-I
j'
May 22, 2006
Ms. Valerie Ross
City of San Bernardino
Development Service Department
300 North "0" Street
San Bernardino, California 92418
;.)c:\.
Subject:
Proposal to Prepare an Environmental Impact Report and Technical Studies for the
Hospitality Mixed Use Retail Center in the City of San Bernardino, San Bernardino
County, California (LSA Project No. IPM0601)
Dear Ms. Ross:
LSA Associates, Inc. (LSA) is pleased to present this proposal to prepare an Environmental Impact Report
(EIR) and technical studies for the Hospitality Mixed Use Retail Center located within the City of San
Bernardino. LSA has prepared hundreds of environmental documents for a variety of public and private
projects, including single-family residential and commercial developments. LSA is a diversified
environmental, transportation, and community planning organization with a staff of over 250 personnel,
including experts in environmental analysis, transportation planning and engineering, biology and
wetlands, resource management, geographic information services, community and land planning,
archaeology and paleontology, noise, and air quality.
The proposed project consists of the construction of retail commercial uses on an approximately 7.2 acre
site located adjacent to and south of Hospitality Lane, and adjacent to and east of the Gage Canal. The
project includes the construction of a one-story retail building, consisting of approximately 7,000 square
feet, and a one-story retail building consisting of approximately 8,000 square feet, on the northern portion
of the project site. The southern portion of the project site will be developed with uses consistent with the
zoning for the site, which can range from commercial retail, commercial and office uses, or hotel uses.
Based on this understanding of the proposed project, LSA is proposing the following Scope of Work, Cost
Estimate, and Schedule to complete an EIR necessary for the evaluation of potential environmental impacts
associated with development of the proposed project.
SCOPE OF WORK
Task 1.0: Project Initiation
Prior to this work effort, LSA will identify its document and information needs. It is anticipated that the
data necessary to conduct an accurate and thorough assessment of the potential impacts that may result
5/22/2006 (K:\PROPOSAL\ENVLRON\SAN BERD\City\Hospit::llity Mixed Use Retail Center proposal 2.doc)
PLANNING
ENVIRONMENTAL
DESIGN
r.SA ASSOCJATf::S, I",
from the proposed retail center can be obtained from the City. To commence work on the project, some or
all of the following information may be required:
. Copies of the development application and related materials;
. Technical studies prepared for the proposed project, including the traffic study;
. Reproducible site plan delineating the location ofthe proposed project and showing extent of grading,
vegetation clearing limits, construction staging areas, flood control structures, storm drain outlets, rip-
rap pads, utility installations, and fire fuel modification zones; and
. Right-of-entry authorization (as required).
The project proponent will provide LSA with the previously prepared traffic study. During this task, LSA
staff will review the previously prepared traffic study for relevancy. This review will focus on determining
the adequacy of the technical study for use in the California Environmental Quality Act (CEQA) document
but will not include new research or fieldwork for additional traffic analysis.
LSA staff will conduct an inspection of the project site and the surrounding area. The purpose of this
reconnaissance will be to gain an understanding of existing conditions, the physical setting of the proposed
project site, and the relationship between the project site and adjacent land uses.
Output:
The collection of data required to begin a thorough environmental review of the proposed
project, a better understanding of the project site and surrounding area, and review of the
previously prepared traffic study.
Task 2.0: Initial Study and Notice of Preparation
Task 2.1 Initial Study
LSA will prepare a Screencheck Initial Study (IS) to identify significant environmental effects of the
project requiring further analysis in the EIR. The IS will include analysis supporting any determination of
non-significant impacts that do not warrant further analysis in the EIR. Analysis and data from available
documents provided by the City will also be used as the basis for the IS conclusions. It is anticipated that
potential impacts to aesthetics, agriculture, geology and soils, hazards and hazardous materials, hydrology
and water quality, mineral resources, land use and planning, noise, population and housing, public
services, recreation, and utilities and service systems will be identified as less than significant and will not
require further analysis in the EIR. LSA will prepare a Screencheck IS for the proposed project using the
format preferred by the City.
After receiving consolidated written comments from the City, LSA will revise the Screencheck IS. The
Draft IS will be produced for distribution to the public with the Notice of Preparation (NOP).
Task 2.2 Notice of Preparation
An NOP to prepare an EIR has a critical objective of providing a means by which the general public and
responsible agencies can participate in the environmental process by providing written comments in the
public record as to what issues they require to be addressed in the EIR. It is also essential that the City and
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consultant team understand the aspirations, concerns, and values of community interest groups from their
unique perspectives. The Nap will indicate that the EIR is in preparation and will request guidance from
each public agency and members of the general public regarding the scope and content of the
environmental information to be included in the EIR.
LSA will prepare a draft Nap using the City's preferred format. The draft Nap will be submitted to the
City for review and approval as part of the review of the Screencheck IS discussed in Task 2.1. Once final,
the Nap will be packaged with the Draft IS for distribution. Using the City's distribution list, Responsible
Agencies, Trustee Agencies (if any), and other interested parties and members of the public that should
receive the NOP/IS will be identified by LSA.
Output:
Preparation and submittal of 5 copies of the Screencheck IS for one round of review by the
City. Preparation of 30 copies of the Draft IS documenting the project's potential for
producing significant environmental impacts in accordance with CEQA procedures. LSA will
distribute and mail up t045 copies of the Nap (with or withouttheIS), including the required
15 copies to the State Clearinghouse.
Task 3.0: Public Scoping Meeting
LSA will conduct one public scoping meeting. The purpose of this meeting will be to provide the public
the opportunity to express its concerns regarding the proposed project and to obtain project-related
information. LSA will solicit public input relative to the proposed project, explain the EIR process, and
respond to questions related to the preparation and processing of the environmental document for the
proposed 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.
Output:
Attendance at one public scoping meeting, presentation of project-related information.
minutes of the meeting. public sign in sheet, and the identification of areas of public concern.
Task 4.0: Preparation of Technical Studies
The following technical studies will be prepared by LSA and are incorporated in this EIR proposal.
Task 4.1
Air Quality Impact Analysis
The proposed project is located in the City of San Bernardino (City), which is part of the South Coast Air
Basin (Basin). Air quality in this area is administered by the South Coast Air Quality Management District
(SCAQMD). The air quality analysis will place particular emphasis on delineating the issues specific to the
City and SCAQMD air quality requirements. LSA will prepare a technical air quality analysis consistent
with all applicable procedures and requirements.
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Baseline Air Quality Conditions. Baseline and project -setting meteorological and air quality data
developed through the California Air Resources Board (ARB) and climatological and air quality profile
data gathered by the SCAQMD will be utilized for the description of existing ambient air quality. Air
quality data from the nearest San Bernardino-4th Street Air Quality Monitoring Station published for the
past three years will be included to help highlight existing air quality local to the proposed project site.
Other sources such as regulatory documents, professional publications, and LSA experience in the project
area will supplement background information. A summary of current air quality management efforts that
may be related to the proposed project will be provided. A brief overview of the nature and location of
existing sensitive receptors will be provided to set the context for how such uses may be affected by the
proposed project.
Short-Term Construction Emissions. Construction activities would occur during implementation of the
proposed project. Air quality impacts from grading and construction sources are directly related to:
. Equipment used;
. Length of time for a specific construction task;
. Equipment power type (gasoline or diesel engine);
. Equipment emission factors approved by the Environmental Protection Agency (EP A) (AP-42
Handbook);
. Horsepower;
. Load factor; and
. Percentage of time in use.
Exhaust and dust emissions from worker commutes and equipment travel will also contribute to the
construction emissions. Fugitive dust emissions would result from wind erosion of exposed soil and soil
storage piles, grading operations, and vehicles traveling on paved and unpaved roads. LSA will calculate
the construction emissions commensurate with available project-specific information. Standard measures
for construction activities recommended by the SCAQMD will be identified and incorporated as part of the
project's standard conditions.
Long-Term Mobile and Stationary Source Emissions. The proposed project is expected to generate
vehicular traffic trips from projected future uses. It is anticipated that project -related traffic trips discussed
in the traffic study will be used in this air quality analysis. It is also expected that there will be stationary
source emissions, such as on-site energy consumption, as a result of the proposed project. Emissions from
long-term mobile and stationary sources associated with this development project will be calculated with
the ARB's URBEMIS 2002 air quality model and the SCAQMD CEQA Air Quality Handbook. Potential
cumulative air quality impacts associated with the proposed project will be evaluated.
Long-Term CO Hot Spot Impact Analysis. Vehicular traffic on major arterials and local streets in the
project vicinity would be affected by trips associated with the proposed project. A detailed carbon
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monoxide (CO) hot spot analysis will be conducted based on the turn volumes projected at up to eight key
intersections in the project vicinity that would be affected by the project. The CALINE4 and EMF AC2002
models will be used for the CO hot spot analysis.
Air Quality Mitigation Measures. LSA will work with the City and, if necessary, the SCAQMD to
identify feasible mitigation measures. Mitigation measures will be developed as indicated in the impact
analysis.
Output: For one round of review. up to two (2) copies of the Air Quality Impact Analysis for review
by the City of San Bernardino and up to two (2) copies of the final Air Quality Impact
Analysis.
Task 4.2 Biological Resources Report
The proposed scope of services will serve to address potential biological resources issues as required for
the project review process pursuant to CEQA. The scope of services will include a review of literature
sources, a field survey of the project site, and the preparation of a Biological Resources Report.
Literature Search and Records Check. Prior to the field survey, LSA will review the California Natural
Diversity Data Base and the California Native Plant Society's Electronic Inventory for sensitive plants,
animals, and habitats reported on USGS 7.5' quadrangles. The literature review and records search will
provide information on sensitive species reported or known to occur in the project vicinity.
Field Survey. An on-site field survey will be conducted by LSA biologists familiar with the habitats and
sensitive resources of the region. The field survey will include:
. Delineating and mapping habitat types;
. A directed search for sensitive plant species that could potentially occur within the project site (this
may be dependent upon seasonal bloom periods);
. A general plant and wildlife inventory;
. Evaluating suitability of habitat for sensitive resources (i.e., burrowing owl and others that may be
identified during the literature search);
. A preliminary identification of areas that may be considered wetlands, waters of the U.S., as defined
by the U.S. Army Corps of Engineers (Corps), or streambeds as defined by the California Department
of Fish and Game (CDFG); and
. Noting other pertinent features or conditions of the site and adjacent lands.
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Sensitive Wildlife Species. During the field survey, attention will focus on determining whether the
project site contains suitable habitat for any federal and/or state listed as threatened. endangered, candidate,
or sensitive species. If suitable habitat conditions are present, focused surveys, using approved survey
protocol methods. may be required by the CDFG and/or the U.S. Fish and Wildlife Service (USFWS) to
determine presence or absence. Focused surveys are not included in this proposed scope of services.
Biological Resources Report. LSA will prepare a technical report summarizing the results of the literature
review, field survey, and results. The report will include a description of the project area and methods used
during the survey. The report will also include findings regarding sensitive species, an evaluation of
potential sensitive habitat, plant and animal species observed to be present, and a general habitat
description. Graphics will be included in the report, showing the site location, sensitive species sightings,
and sensitive habitat locations, as needed.
The Biological Resources Report will analyze potential impacts of the proposed project on the biological
resources and all identified sensitive species (if any) and identify any need for additional focused species
surveys (additional focused species surveys are not included in this proposed scope of services). The
analysis will include a discussion of the types and amount of habitats present on-site and the importance of
these habitats in a regional context. LSA will recommend mitigation measures for the impacts identified
during the study, including mitigation measures for impacts to the sensitive biological elements, if present.
The report will also assess cumulative impacts to these resources based on development in surrounding
areas.
LSA will address any areas that may qualify as jurisdictional wetlands or streambeds.
The Biological Resources Report will be submitted to City of San Bernardino for review and comment.
Upon receipt of consolidated comments, LSA will revise the draft report and submit a final report.
Additional revisions are not included in the proposed schedule and cost estimate. An LSA biologist will be
available to prepare responses to comments on biological resource issues.
Output:
Up to three (3) copies of the Biological Resources Report.
Task 4.3 Cultural Resources Report
Records Search. LSA will contact the San Bernardino Archaeological Information Center (SBAIC)
located at the San Bernardino County Museum in Redlands to obtain a cultural resource records search for
the project area. The SBAIC is the State-designated repository for records concerning cultural resources in
San Bernardino County. The objectives of this research will be (I) to establish the status and extent of
previous cultural resource studies and surveys in the project area, and (2) to note what types of resources
might be expected to occur within the project area. Data sources that will be consulted at the SBAIC
include archaeological site and artifact records, historic maps, reports from previous studies, and the State
Historic Resource Inventory (HRI) for San Bernardino County, which contains listings for the National
Register of Historic Places (National Register), California Register of Historical Resources (California
Register), California Historical Landmarks (CHL), and California Points of Historical Interest (CPHl).
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LSA will also conduct archival research on the history and development of the property as well as the
adjacent Gage Canal. Research sources will include the City of San Bernardino, the A.K. Smiley Public
Library Heritage Room in Redlands, the San Bernardino County Archives, and the California Room of the
Norman F. Feldhym Library in San Bernardino. Research will utilize both primary and secondary sources
of information such as historic maps and photographs and written histories of the area.
Field Survey. An LSA architectural historian will conduct an intensive-level historic resources survey and
complete photographic documentation of the Gage Canal segment adjacent to the project area.
An LSA archaeologist will conduct a pedestrian field survey of the project area for evidence of prehistoric
(Native American) or historic (non-Native American) archaeological materials. Negative findings are
assumed for archaeological resources. If archaeological resources are identified, LSA will advise the City
and prepare an adjustment to the budget and scope of the project.
Preparation of DPR 523 Forms. LSA will evaluate the Gage Canal segment for significance in
accordance with National Register, California Register, and local criteria for designation. The canal
segment will be evaluated and recorded on the State of California Department of Parks and Recreation
(DPR) forms 523A (Primary Record), 523L (Linear Record), and 523B (Building, Structure, and Object
Record). Negative findings are assumed for historic resources.
Cultural Resources Report. LSA will prepare a technical report which will describe:
. Research and field methods used in identifying cultural resources;
. Cultural resources identified in the project area;
. Potential of the project to adversely affect any cultural resources; and
. Mitigation measures and recommendations.
The completed DPR forms will be attached as an appendix.
Output:
Up to three (3) copies of the Cultural Resources Report.
Task 5.0: Administrative Draft EIR
Task 5.1 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. In addition to providing a
detailed narrative of the proposed project, the project description will discuss project objectives (as defined
by the City), geographical setting, and related projects, and will summarize the approvals necessary from
the City and other agencies. Each of the requirements in CEQA for an ErR 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.
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Output: Draft project description for City review prior to substantial investment of time and project
cost in analyzing the proposed project.
Task 5.2 Administrative Draft EIR
The Administrative Draft EIR will include a thorough assessment ofthe potential impacts that may result
from the development and operation of the proposed uses and will contain the information set forth in
Article 9 of the State CEQA Guidelines.
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 measures incorporated. A brief summary of the discussion contained in
the IS will be included for each of these topics, so it is clear why they are not discussed any further in the
EIR.
Identification and Assessment of Significant Impacts. LSA will analyze the environmental
consequences of the proposed project for those topics of focus identified in the IS. The Administrative
Draft EIR will include a thorough assessment of the potential impacts that may result from the
development and operation of the proposed 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.
. The following CEQA-mandated topics will be addressed:
o Any significant irreversible environmental changes that would be involved in the proposed action
should it be implemented;
o Unavoidable adverse impacts;
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o Cumulative impacts of the proposed project; and
o 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 retail uses related to the following preliminary list of issue
areas:
. Air Quality;
. Biological Resources;
. Cultural Resources; and
. Transportation and Traffic.
If, during the assessment of these issues, it is determined that potential impacts resulting from the
construction and operation of the proposed 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.
Administrative Draft Environmental Impact Report Preparation. The Administrative Draft EIR will
incorporate relevant data received during the Public Scoping Meeting and will address specific areas of
concern identified during the Public Scoping Meeting, as well as address written responses to the Nap.
These work efforts will be compiled into an Administrative DraftEIR, along with analysis oftopical 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 by the City, providing specific and
non-contradictory comments. LSA will revise the Administrative Draft EIR as necessary to accommodate
City comments. The cost estimate provides for two cycles of review of the Administrative Draft EIR by
City staff. 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.
Task 6.0: 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 will
prepare a Notice of Availability (NOA) of the ErR for filing with the City and the San Bernardino County
Clerk. The City will be responsible for filing the NOA with the County Clerk. The City will be responsible
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for adequately satisfying all appropriate filing, noticing, and consultation requirements in the manner
required under CEQA and/or other applicable regulations,
The technical appendices to the Draft EIR will be provided on disk (CD-ROM) in Adobe Acrobat Portable
Document Format (PDF) and Word along with the hard copies of the Draft EIR,
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 PDF (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 bound, will be
provided as needed for City Planning Commissioners, Council members, the City front desk,
and library.
Task 7.0: Final EIR
The Final EIR will include an Executive Summary of the Draft EIR, the Draft EIR (as modified in
responses to comments received), letters of comments and responses on the Draft EIR, and the Mitigation
Monitoring and Reporting Program.
Task 7.1 Responses to Comments
At the close of the 45-day public review period for the Draft EIR and prior to any City action on the
proposed 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 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. City comments will be incorporated into the responses 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 City review comments. Distribute five (5) copies of the Responses to Comments to
the City and additional copies to the Commenting Agencies.
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Task 7.2
Mitigation Monitoring and Reporting Program
Prior to the City action on the proposed 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 existing City mechanisms for ensuring implementation of standard mitigation measures.
Output: An MMRP to be incorporated into the Final ErR to ensure the implementation of ErR
mitigation measures, meeting applicable CEQA and City requirements.
Task 7.3 Administrative Final EIR
LSA will prepare an Administrative Final ErR that includes the Draft ErR, Responses to Comments,
Findings and Statement of Overriding Considerations (as prepared by the City of San Bernardino), and the
Mitigation Monitoring and Reporting Program for City review and comment. To facilitate review of the
Final ErR, revisions made subsequent to the public review of the document will be depicted utilizing
insertions/aeletisRs 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.
Task 7.4 Final ErR
The Administrative Final ErR will be revised per City Staff comments and compiled into a Final EIR prior
to public hearings on the project and ErR. City Staff will be responsible for the preparation of appropriate
findings and the required Statement of Overriding Considerations. The Findings of Fact and Statement of
Overriding Considerations provided by the City will be included in the Final ErR.
Output:
Prepare for the City up to thirty-five (35) copies of the Final ErR. LSA will distribute the
appropriate number of the Final EIRs on CD-ROM in Adobe Acrobat PDF. Additionally, the
City will be provided one unbound, single-sided reproducible original and one electronic copy
of the Final ErR by LSA.
Task 8.0: Public Hearings/Meetings
LSA will attend one Public Scoping Meeting, two public hearings, and up to two project meetings. As
appropriate, LSA will be available to explain the content, findings, and detenninations of the EIR, and will
respond to relevant comments raised during public hearings.
Output:
Attendance at one Public Scoping Meeting, two public hearings, and up to two project
meetings as required.
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Task 9.0: Project Certification
Upon adoption of the Final EIR, LSA will provide the City of San Bernardino with the Notice of
Detennination for submission to the San Bernardino County Clerk. While LSA will prepare the Notice of
Determination, it is the responsibility of the City of San Bernardino to file the Notice of Determination
with the County Clerk. Failure to file the Notice of Determination within five business days of project
approval will substantially increase the period in which the project approval may be legally challenged.
The City of San Bernardino should complete applicable forms to comply with Assembly Bill 3158,
California Department of Fish and Game filing fees. If the project is not exempt, it will be the
responsibility of the project proponent to pay any applicable Department of Fish and Game filing fees.
LSA will provide up to five copies of the certified Final ElR to the City.
Output:
Preparation of the NOD, and submittal of five (5) copies of the certified, Final EIR to the
City.
Task 10.0: 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. LSA will maintain a continuous liaison with the City by
identifying and defining key issues as they arise, and coordinating a response to them acceptable to the
City. Two project meetings have been budgeted into this Scope of Work in addition to the Public Scoping
Meeting.
Output:
Ongoing coordination between LSA and City staff to ensure the smooth functioning of the
EIR program.
PROJECT SCHEDULE
The Public Scoping Meeting can be conducted during the ISINOP 30-day review period. Based on past
experience, we anticipate that the Administrative Draft ErR will be produced within four weeks following
the completion of the ISINOP 30-day public review. This estimate is dependent upon the timely receipt of
all relevant and required studies or other material supplied by the City. The Draft EIR will be produced
within two weeks of receipt 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 two weeks of the end of the Draft ErR 45-day review period. Key milestones
and a schedule of product deliveries are shown in the following table.
Milestones and Schedule of Product Deliveries
Document Duration Number of Documents Provided
Completion of a Screencheck IS 3 weeksl 5
Review of Screencheck IS by City 2 weeks N/A
LSA Completes IS/NOP 1 week 30
Public Review 30 days N/A
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Milestones and Schedule of Product Deliveries
Document Duration Number of Documents Provided
Public Scoping Meeting --- N/A
Administrative Draft EIR 4 weeks' 10
Review of Administrative Draft EIR, First 2 weeks N/A
Review by City
LSA Completes Second Administrative Draft EIR 2 weeks 10
Review of Administrative Draft EIR, Second 2 weeks N/A
Review by City
Draft EIRINOCINOA 2 weeks3 75
DistributionIPublic Review of Draft EIR 45 days ---
Administrative Final EIR I week4 3
Final EIR I week 35
Notice of Determination 1 day' 5
31+ weeks
Begins from receipt of required and relevant project-specific infonnation.
Assumes receipt of all required reports, project infonnation, and NOP comments.
From receipt of City's consolidated comments on the Administrative Draft EIR.
4 From receipt of all public comments on the Draft EIR.
5 Following project approvaL
EIR COST ESTIMATE (NOT.TO.EXCEED)
Based on the above Scope of Work, LSA will prepare the focused EIR and technical (air quality, biological
resources, and cultural resources) reports at an estimated cost of $107,170.00. LSA will provide monthly
billing to the City of San Bernardino for all time and material efforts associated with this proposed scope.
The cost per task is provided on the following page.
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Hospitalitv Mixed Use Retail Center EIR Cost Estimate
LSA Cost
Staff Fees Reimbursables Task Totals
1.0 Project Initiation
Project Initiation $ 1,930 $ 1,930
Subtotal $ 1,930
2,0 IS/NOP
IS $ 11,l35 $ 600 $ 11.735
NOP $ 1,280 $ 1,280
Subtotal $ 13,015
3,0 Public Scoping Meeting $ 1,280 $ 1,280
Subtotal $ 1,280
4.0 Technical Studies
Air Quality $ 7,030 $ 7,030
Biological Resources Report $ 7,590 $ 7,590
Cultural Resources Report $ 6,950 $ 6,950
Subtotal $ 21,570
5.0 Administrative Draft EIR
Project Description $ 795 $ 795
Administrative Draft EIR $ 24,540 $ 750 $ 25,290
Subtotal $ 26,085
6,0 Draft EIR $ 4,000 $ 7,950 $ 11,950
Subtotal $ 11 ,950
7,0 Fiual EIR
7.1 Responses to Comments $ 8,360 $ 100 $ 8,460
7.2 MMRP $ 2,750 $ 2,750
7.3 Administrative Final EIR $ 3,290 $ 100 $ 3,390
7.4 FinalEIR $ 3,780 $ 400 $ 4,180
Subtotal $ 18,780
8.0 Public Hearings/Meetings $ 1,460 $ 100 $ 1,560
Subtotal $ 1,560
9,0 Project Certification $ 950 $ 950
Subtotal $ 950
10,0 Project Administration $ 10,000 $ 50 $ 10,050
Subtotal $ 10,050
TOTAL $ $ $107,170
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COST PROPOSAL ASSUMPTIONS
The cost estimate is based on the assumptions listed below.
. The cost to prepare the EIR does not include activities outside the scope of services presented in this
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 the 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, LSA reserves the right to revise 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 information contained in these
documents. While LSA will review these documents to determine if they are adequate to use in an
EIR, LSA 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.
. LSA assumes two City comment/LSA revision cycles for the Administrative Draft EIR and one
cycle for the Final EIR.
. The City 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 90 days from the proposal due date. Beyond 90 days, LSA
reserves the right to re-evaluate the estimated costs.
. The cost for invoicing presented in this proposal is for issuing invoices in LSA standard format. Any
requests for special invoiciI1g 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.
. This proposal was prepared by LSA solely for your internal use in evaluating LSA's business proposal
and deciding whether or not to contract with LSA to perform the services described in this proposal.
LSA considers the pricing and other business information the property of LSA. This proposal and the
information contained herein shall not be used for any purposes other than as specifically stated above
and shall not be disclosed to any other party without LSA's written consent.
5/12/2006 (K:\PROPOSAL\ENVIRON\SAN BERD\City\Hospitality Mixed Use Retail Center proposal 2.doc)
15
LSA ASSOCIATES. I~C
Proposed Estimate for Printing
Document Number of Copies Number of Pages Per Document
IS 50 60
Administrative DEIR to 750
DEIR 75 1.000
NOC/NOA 75 3
Draft Responses to Comments 3 50
Administrative Final EIR1 3 75
Final EIR 1&2 35 100
Notice of Determination 2 I
I Assumes appendices in pdf fonnat provided on CD-ROM.
2 The Final EIR will include the Draft EIR, Responses to Comments, Findings & Statement of Overriding Considerations, and Mitigation
Monitoring Plan
Thank you for allowing LSA the opportunity to submit this proposal for this proposed project. If you
require additional information, you may contact me at (951) 781-9310.
Sincerely,
LSA ASSOCIATES, INC.
gfunA~ ~
~~e~~~m
Environmental Planner
Attachments: Standard Contract Provisions and Billing Rates
5/22/1006 (K:\PROPOSAL\ENVIRON\SAN BERD\City\Hospitality Mixed Use Retail Center proposal 2.docl
16
LSA ASSOC IATES, INC
THE ABOVE-STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED
CONSULTANT:
CLIENT:
LSA Associates, Inc.
I~
( /
i
,
City of San Bernardino
Authorized Signature
\...
/
I
I
Lvnn Calvert-Haves. AICP
Printed Name
Printed Name
Principal
Title
Title
May 22. 2006
Date
Date
5/22/2006 (K:\PROPOSAL\ENVIRON\SAN BERD\City\Hospitalily Mixed Use Retail Center proposal 2,doc)
17
LSA ASSOCIATES. INC.
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
FEES FOR PROFESSIONAL SERVICES
Fixed-Fee Contracts
If a fixed-fee proposal, the professional services described in the Scope of Services Section of the attached
proposal shall be provided for the fixed fee noted in the proposal. All other professional services are
considered extra services. Extra services shall be provided on a time and expenses basis at the same rates
specified for hourly contracts, unless other arrangements are made in advance.
Hourly Contracts
If an hourly plus expenses proposal, the professional services described in the Scope of Services Section of
the attached proposal shall be provided on a time and materials basis at current hourly rates. These rates
are as shown on a Rate Schedule that is attached, or can be made available. Hourly rates are subject to
review at least annually on or about August I of each year, and may be adjusted to reflect changing labor
costs, at our discretion, at that time. (A schedule can be made available upon request.)
Direct costs (including cost of subconsultants) shall be reimbursed at cost plus ten percent, unless other
arrangements are made in advance, and are not included in the hourly fee for professional services.
The total estimated amount of time and expenses"noted in the proposal will serve as a control on the
services to be provided. The specified amount will not be exceeded without prior approval of the client.
INVOICING
Monthly invoices shall be submitted for progress payment based on work completed to date. Out of pocket
expenses shall be billed on a separate monthly invoice. Clients requesting changes to LSA's standard
invoice may be billed for the time to develop the invoice and monthly administration of the billing.
PAYMENT OF ACCOUNTS
Terms are net 30 days. LSA offers a one percent discount on invoices paid within 30 days of the invoice
date. A service charge of 1.5 percent of the invoice amount (18 percent annual rate) may be applied to all
accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collecting
any delinquent amount shall be paid by the client.
L\ADMIN\MASmOaContract Jan 2006.doc
lSA ASSOCIATES, INC.
STANDARD OF CARE
Services provided by LSA under this Agreement will be performed in a manner consistent with the degree
of care and skill ordinarily exercised by members of the same profession currently practicing under similar
circumstances.
INDEMNIFICATION
Client and consultant each agree to indemnify and hold the other harmless and their respective officers,
employees, agents, and representatives from and against liability for all claims. losses, damages, and
expenses, including reasonable attorneys' fees, to the extent such claims. losses, damages, and expenses
are caused by the indemnifying party's negligent acts, errors, or omissions.
ELECTRONIC FILE DATA CHANGES
Copies of documents that may be relied upon by client are limited to the printed copies (also known as
hard copies) that are signed or sealed by LSA. Files in electronic media format or text, data, graphic, or
other types that are furnished by LSA to client are only for convenience of client. Any conclusion or
information obtained or derived from such electronic files will be at the user's sole risk. When transferring
documents in electronic media format. LSA makes no representations as to long-term compatibility,
usability, or readability of documents resulting from the use of software application packages, operating
systems. or computer hardware differing from those of LSA at the beginning of the assignment.
FORCE MAJEURE
Neither party shall be deemed in default of this Agreement to the extent that any delay in performance of
its obligation results from any cause beyond its reasonable control and without its negligence.
LITIGATION
In the event that either party brings action under the proposal for the breach or enforcement thereof, the
prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not
such action is prosecuted to judgement.
NOTICES
Any notice or demand desired or required to be given hereunder shall be in writing, and shall be deemed
given when personally delivered or deposited in the mail, postage prepaid, sent certified or registered, and
addressed to the parties as set forth in the proposal or to such other address as either party shall have
previously designated by such notice. Any notice so delivered personally shall be deemed to be received on
the date of delivery. and any notice mailed shall be deemed to be received five (5) days after the date on
which it was mailed.
L:\ADMlN\MASTDOOContract Jan 2006.doc
2
LSA ASSOCIAT~S. INC.
TERMINATION OF CONTRACT
Client may terminate this agreement with seven days prior notice to LSA for convenience or cause.
Consultant may terminate this Agreement for convenience or cause with seven days prior written notice to
client. Failure of client to make payments when due shall be cause for suspension of services, or ultimately
termination of the contract, unless and until LSA has been paid in full all amounts due for services,
expenses, and other related charges.
REVOCATION
If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be
considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise
specified in the proposal.
L:\ADMIN\MASIDOOContract Jan 2006.doc
3
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LSA ASSOCIATES, INC.
LSA IN-HOUSE DIRECT EXPENSES
Unit Cost
Reproduction $0.10 per page
Color Reproduction (8.5xll) $1.00 per page
Color Reproduction (II x 17) $3.00 per page
Mileage
Road $0.445 per mile
Off-road $0.595 per mile
Facsimile $1. 00 per page
Plotting $5.00 per linear ft.
Diazo Printing $0.20 per sq. ft.
Film (developing billed separately as a direct cost) $5.00 per roll
Disposable camera and film (developing billed separately as a direct cost) $10.00 per camera
Search of Specialized Data Bases $100.00 per inquiry
Pen map/GPS Unit $200.00 per day
Arc map/GPS Unit $150.00 per day
Aerial Photos I $200.00 per photo
L\ADMIN\MASTDoaContracl Jan 2006.doc
5
ALEXANDRA HOLDINGS, LLC
4221 WILSHIRE BLVD., SUITE 240
LOS ANGELES, CALIFORNIA 90010
ATTACHMENT B
TELEPHONE: (323) 932-7777
FAX: (323) 932-6968
May 5, 2005
Ms. Valeria C. Ross
Deputy Director/City Planner
City of San Bernardino
Development Services Department
300 North "D" Street
San Bernardino, CA 92418
RE: Tentative Parcel Map No. 17772
Subdivision No. 06-02
APN: 0281-361-06
Dear Ms. Ross:
We are trying to move forward quickly with the entitlement process for our project referenced
above. In order for us to complete the development of this project and within our time
limitations, 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 agreement that we will reimburse the City of San Bernardino for such costs and are
prepared to do so immediately.
We have completed many of the ancillary reports required by City Stafffor the Initial Study. We
are currently preparing/finalizing our Focused Traffic Study are in frequent communication with
LSA Associates as to their specific requirements regarding the necessary scope of our Focused
Traffic Study. Please let us know what other materials or reports might be missing or need
further study, so that these reports can be completed expeditiously.
Alexandra Holdings, LLC look forward to continuing our relationship with the City and
encourage frequent communication with yourself and other City Staff.
Thank you for your assistance.
....--------Sincerely~- .............
i Alexandra HoIdings,U<:
~
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Jian Torkan
Managing Partner
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 7/10 Ili(/J Item #
Vote: AyesJj~ 3}~ "K>
Change to motion to amend original documents D
Resolution # c9Dbb - ,13~
Abstain ~. Absent~
Companion Resolutions
Ff
NulVVoidAfter: ~days/~
Resolution # On Attachmen~ Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date ofClerk/CDC Signature:
Reso. Log Updated: ~
Seal Impressed: ~
Reso. # on StaffRepo~
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
I-l~-D(O
Date Returned:
Not Returned: D
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655, 92-389):
YesY No By_
Yes NoL By_
Yes Not By_
Yes No By_
Yes NoL By_
Copies Distributed to:
Animal Control
EDA
D Information Services D
D Parks & Recreation D
~ Vek6Yt{fCt:olice Department D
D Public Services D
D Water Department D
D
D
;Q 6rl(\JJ Finance
Code Compliance D Fire Department
Development Services x'M1;tfl){..>Human Resources
Others: 0
Facilities
City Administrator
City Attorney
Notes:
Ready to File: _
Date:
Revised 12/18103
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 14, 2006
TO:
Terri Rahhal, City Planner
FROM:
Rachel G. Clark, City Clerk
RE:
Transmitting Documents for Signature - Resolution No. 2006-238
At the Mayor and Common Council meeting of July 10, 2006, the City of San Bernardino
adopted Resolution No. 2006-238 - Resolution approving an agreement for services with LSA
Associates, Inc. for the provision of professional environmental consulting services.
I am providing you with one certified copy of Resolution 2006-238 and three (3) copies of
original agreements. Please obtain signatures where indicated and return one fully executed
original agreement to the City Clerk's office as soon as possible.
Please be advised that the resolution and contract will be null and void if not executed
within 60 days, or by Friday, September 8, 2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein at ext. 3215. Thank
you.
I hereby acknowledge receipt of the ove mentioned documents.
Signed:
Date: 7-/</- 0 b
Please sign and return.
L S ^ I
LSA ASSOCIATES, INC.
20 EXECUTIVE PARK, SUITE 200
IRVINE, CALIFORNIA 92614
TRANSMITTAL
TO, City of San Bernardino
Attn: Valerie Ross
300 North "D" Street
San Bernardino. CA 92418
-1' VI/I_<--
949.553.0666 TEL
949.553.8076 FAX
BERKELEY
CARLSBAD
COlMA
FORT COLLINS
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROCKLIN
SAN LUIS OBISPO
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DATE, AUmIst 10.2006
~')
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o FOR YOUR REVIEW
o FOR. YOUR FILES
o AT YOUR REQUEST
o FOR. YOUR INFORMATION
o FOR YOUR APPROVAL
o DISTRIBUTION
SUBJECT,
PROJECT, Hosoitalitv Mixed Use Retail Center
PROJECT NU"BER, IPM0601
ITEMS BELOW ARE TRANSMITTED, 0 HEREWITH 0 UNDER SEPARATE COVER 0 VIA,
DATE
COPIES
8/3/06
2
GENERAL REMARKS,
COPIES TO, Billing File. Riverside
BY, Yvette Blacks. Billing Suoervisor
DESCRIPTION
Signed Resolution No. 2006-238
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