HomeMy WebLinkAboutR24-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Maggie Pacheco ~r- . SUBJE~~' ENVIRONMENTAL CONSULTING
Deputy Director/Housing & Conununi ' f '. ., SERVICES FOR PLAN AMENDMENTS
Development j.,',...,.:..,. ,f" ,a UPTOWN AND CENTRAL CITY
YAIL___!loy~mb~!:.1~002 ____________________ ______~_Q!!..TH___________________________________
SvnoDsis of Previous Commission/Council/Committee Action(s):
On January 13, 2000, the Redevelopment Committee reconunended to the Conununity Development Commission
approval to reinstate eminent domain powers in the Central City North, Central City South, Central City East, Uptown
and Meadowbrook Project Areas.
On January 24, 2000, the Conununity Development Commission authorized the Executive Director to prepare plan
amendments to reinstate eminent domain in the Central City North, Central City South, Central City East, Uptown and
Meadowbrook Project Areas.
On July 1,2002, the Mayor and Conunon Council adopted procedures for the formation and election of a Project Area
Committee for the proposed redevelopment plan amendment for the Uptown Redevelopment Project Area and calling
for the formation of a Project Area Committee.
On October 21, 2002, the Mayor and Conunon Council approved Project Area Committee procedures and revised scopes
for the Uptown and the Central City North Project Area Plan Amendments.
------------------------------------------------------------------------.-----------------_.-------------------------------
Recommended Motion(s):
(Community DeveloDment Commission)
MOTION:
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR
PROFESSIONAL SERVICES FOR THE PREPARATION OF A PROGRAM ENVIRONMENTAL
IMPACT REPORT (EIR) AND RELATED TRAFFIC STUDIES.
Contact Person(s):
Project Area(s)
Maggie Pacheco
Uptown and Central City North
Phone:
663-1044
Ward(s):
1,2,3,6 and 7
Supporting Data Attached: G1I Staff Report G1I Resolution(s) G1I Agreement(s)/Contract(s) 0 Map(s) 0 Other
To Be
FUNDING REQUIREMENTS Amount: $ Determined Source:
4L
. Gary Osdel, Executi Director
Ent .red into Record at. I r/;;h-L. -''''''''ll
Commission/Councn'W8f~~I:CmvDevCms Mtg. --
Tax Increment
Bndget Authority:
Adopted Budget 2003
'/11 ~
. Maggie Pacheco, Deputy Director/Director
Housing & Conununity Development
SIGNATURES:
\2k-(~ii' bv
GX{2illZ-33i A~enda Item If""
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City Clerk/CDC See,
City of Sail Bernardini
P:\Clerical Services Dept\Margaret ParlteMgenda\CDC 2002\1tl-21-02 EIR Plan Amend Uptown CC.doc
COMMISSION MEETING AGENDA
Meeting Date: 11/18/2002
>'~'Agenda Item Number: R -4 Lf
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Environmental Consultinl! Services
for Plan Amendments to Untown and Central City North
BACKGROUND:
On October 21, 2002, the Mayor and Common Council adopted a goal of restoring the authority for
eminent domain in the proposed amendment to the Uptown and the Central City North Redevelopment
Project Area. Reinstating eminent domain in these project areas has the potential to result in direct
physical changes in the environment by enabling the Mercado Santa Fe, the San Bernardino Old Towne,
and other expected projects to proceed. It is also reasonably foreseeable that cumulatively significant
impacts will result from the combined construction of several smaller projects now in various stages of
implementation. These include the widening of 1-215, the construction of senior citizen projects, the
construction of an elementary school and other development projects.
A normal schedule would result in a completion and certification of the EIR in December of 2003 or
January of2004. This would seriously delay projects planned in each of the two project areas. To reduce
this delay, proposals have been sought from six consulting finns on an expedited basis. At the time this
Staff Report is submitted (November 7, 2002) Staff is meeting with representatives of:
Environmental Science Associates, Los Angeles
PCR Services Corp., Santa Monica
LSA Associates, Inc., Riverside
Cotton Bridges Associates, Pasadena
Phil Martin & Associates, Irvine
Keeton Kreitzer Consulting, Tustin
Proposals will be received on November 14. These will be evaluated by a panel and Staff will present a
recommendation to the Commission during the meeting of November 18.
CURRENT ISSUE:
Due to the potential environmental and traffic impacts that may result from these project area plan
amendments, a Program EIR is required. The most notable environmental issues will likely be
transportation/circulation, air quality, and changes in land use.
ENVIRONMENTAL IMPACT:
Consultant studies are exempt from the California Environmental Quality Act.
FISCAL IMPACT:
The Agency will pay for professional consulting services in confonnance with Section 2.(A.) of Exhibit
"A" to the attached resolution.
COMMISSION MEETING AGENDA
Meeting Date: 11/18/2002
P:\C1erical Senices Dept\Margaret ParkenAgenda\CDC 2002\10-21-02 EIR Plan Amend Uptown CC.doc
Agenda Item Number:
.,
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.4'
Economic Development Agency
Staff Report
Page 3
RECOMMENDATION:
That the Community Development Commission adopt the attached resolution.
~?~
Maggie Pacheco, Deputy Directorillirector
Housing & Community Development
COMMISSION MEETING AGENDA
Meeting Date: 11/18/2002
P:\C1erica.I Services Dept\MlIl'pI'1lt Park<<\Agenda\CDC 2002\10.21-02 EIR PIanAmend Uptown CC.doc
Agenda Item Number:
" 1,
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ECONOMIC DEVELOPMENT AGENCY
TO: MAYOR AND COUNCIL MEMBERS
FROM: GARY VAN OSDEL, EXECUTIVE DIRECTOR
SUBJECT: ADDENDUM TO STAFF REPORT -- EIR CONSULTING SERVICES FOR PLAN AMENDMENT
TO UT AND CCN
DATE: 11/18/2002
The follow information is a supplement with information on matters subsequent to
writing and filing the Staff Report. It recommends that the Chair and Members of the
Community Development Commission award a contract for environmental consulting
services to LSA Associates, Inc. to prepare an EIR and Mitigation Monitoring Plan for the
Central City North and Uptown Redevelopment Project Area Plan Amendments. The
attached Scope of Work will become Exhibit "A" for the Agency's standard form
professional services contract. The cost is as detailed in the attached Project Costs by Task
table and totals $144,557. The City Engineer advises that some grant funds are available to
help pay for this cost but the amount will be determined at a later time. The balance of the
cost will be divided equally between Agency Tax Increment and Agency Low/Mod funds.
Six qualified environmental consulting firms submitted letters of interest in this
assignment and attended a briefing session on November 6, 2002. Three of these firms
submitted full proposals on Thursday, November 14, 2002. Each of these three firms is a
well established consulting firm with extensive experience in the somewhat specialized field
of environmental reviews for redevelopment project area plans and amendments. The firms
are described in their proposal as:
Cotton Bridges Associates: a division of P&D Consultants with offices in Sacramento,
Pasadena, Orange, and San Diego. CBA has completed more than 600 EIR's in the last 10
years. Specific local experience includes the Spirit [Stampede] Stadium ErR. Irena
Finklestein, in the Pasadena office, has 16 years experience, is Head of Environmental
Services for CBA in their Pasadena office and would be Project Manager for preparation of
the EIR. Melisa Hatcher, will assist and has experience in assisting with 7 EIR's including the
Redlands Redevelopment EIR.
Environmental Science Associates: an interdisciplinary environmental planning and
consulting firm with a professional staff of approximately 145 employees in seven offices
located in California, Florida, New Mexico, and Washington. Since 1969 ESA has
successfully carried out more than 5,000 environmental and planning reports and studies for
its clients ... Ms. Wendy Lockwood, Director of the Los Angeles office, would serve as
Project Director for the proposed project.
I'.
. tor-
LSA Associates, is an employee owned community planning, environmental, and
transportation planning organization with offices in Irvine, Riverside, Point Richmond,
Berkeley and Rocklin, California and Fort Collins, Colorado. In addition to extensive general
EIR experience, LSA has specific recent assignments in the City of San Bernardino which
include: The HUB EIR (the Tippecanoe Retail Project), the Jones Elementary School ErR
(to be located in CCN), an IVDA EIR for 11 million square feet of office, industrial and
commercial space at San Bernardino International Airport, and a traffic impact analysis for
Yellow Freight Truck Terminal at the Burlington Northern Santa Fe Railroad. Ms. Lynn
Calvert-Hayes, a Principal with LSA's Riverside office, was project manager for the HUB
EIR and will be responsible for overall management of this EIR. Marie Gilliam, with 29
years experience and who has worked for the City of City of San Bernardino in the past, will
manage the preparation of the environmental document itself.
The review panel was composed of David Gondek, Agency Special Counsel; Nancy
Ferguson, Lilburn Corporation; Maggie Pacheco, Deputy Director; Mike Trout, Project
Manager; and John Hoeger, Project Manager. Based upon their understanding of the project
requirements, the experience of assigned staff, and specific local experience, the panel
recommended awarding the contract to LSA Associates.
V'--
Gary y?r: Osdel, Executive Director
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RESOLUTION NO.
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL
SERVICES WITH LSA ASSOCIATES, INC. FOR THE PREPARATION
OF A PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR) AND
RELATED TRAFFIC STUDIES FOR THE AMENDMENT OF THE
CENTRAL CITY NORTH AND UPTOWN REDEVELOPMENT
PROJECT AREA PLANS
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
10 BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
11
Section 1. The Community Development Commission hereby authorizes and directs th
Executive Director to execute an Agreement for Professional Services (the "Agreement") with LS
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Associates, Inc. for the preparation of a Program EIR and related traffic studies for the amendment of th
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Central City North and Uptown Redevelopment Project Area Plans. A copy of said Agreement i
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attached as Exhibit "A" and made a part hereof.
Section 2. The Resolution shall become effective immediately upon its adoption.
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P:\CIerlciol Servlea DeplWla,..lret Parkerl.ResolufloD,\200noZ-II.18 EIR CCN Uptown.doe
. "....,
1
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL
SERVICES WITH LSA ASSOCIATES, INC. FOR THE PREPARATION
OF A PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR) AND
RELATED TRAFFIC STUDIES FOR THE AMENDMENT OF THE
CENTRAL CITY NORTH AND UPTOWN REDEVELOPMENT
PROJECT AREA PLANS
2
3
4
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a
meeting thereof, held
8 on the day of
9 Commission Members: Aves
10 ESTRADA
11 LIEN
MCGINNIS
12
DERRY
13
SUAREZ
14
ANDERSON
15 MC CAMMACK
16
, 2002, by the following vote to wit:
Navs
Abstain
Absent
17
18
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
19
day of
,2002.
20
21
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
22
23
24
By:
25
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P:\C1erlu1 Servlctl Dept\Ma'1lret Plrker\ResolutJonl\2002\02-11.18 ElRCCN Vptown.doe
EXHIBIT "A"
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
(LSA ASSOCIATES, INc.)
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and
entered into as of _, 2002, by and between the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency"), a
public body existing and functioning pursuant to Health and Safety Code Sections 33000, et seq.,
and LSA Associates, Inc. (the "Consultant"),
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the
Consultant to provide the consulting services set forth in the Scope of Services attached hereto as
Attachment "A" and incorporated herein by this reference. The Consultant hereby agrees to
perform the work set forth in the Scope of Services, in accordance with the terms of this
Agreement.
2. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant a fixed fee of $144,557 for
performance of the services set forth in the Scope of Services.
B. The compensation designated in subsection A shall be the "Total Fee" for the
performance of the work set forth in the Scope of Services. The Total Fee shall include, but not
be limited to, the salaries of all subcontractors retained by the Consultant to perform work
pursuant to this Agreement and shall be inclusive of all costs and expenses incurred for mileage,
travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses
related to completion of the work set forth in the Scope of Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant
under this Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: Executive Director
201 North HE" Street, Suite 301
San Bernardino, California 92401
I
Agnnt for Professional Services
E. Each invoice of the Consultant shall set forth the time and expenses of the
Consultant incurred in performance of the Scope of Services, during the period of time for which
the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the
individual personnel of the Consultant and any individual subconsultants utilized by the
Consultant, during the time period covered by the invoice, a description of the professional
services rendered on a daily basis by each named individual during such time period, the
respective hourly rates of each named individual and the actual time expended by each named
individual. Each invoice of the Consultant shall be accompanied by copies of all third party
invoices for other direct costs incurred and paid by the Consultant during such time period. The
Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the
Executive Director, within thirty (30) days of such approval.
3. RECORDS RETENTION. Records, maps, field notes and supporting documents
and all other records pertaining t() the use of funds paid to the Consultant hereunder shall be
retained by the Consultant and available to the Agency for examination and for purposes of
performing an audit for a period of five (5) years from the date of expiration or termination of
this Agreement or for a longer period, as required by law. Such records shall be available to the
Agency and to appropriate county, state or federal agencies and officials for inspection during
the regular business hours of the Consultant. If the Consultant does not maintain regular
business hours, then such records shall be available for inspection between the hours of 9 a.m.
and 5 p.m. Monday through Friday, excluding federal and state government holidays. In the
event of litigation or an audit relating to this Agreement or funds paid to the Consultant by the
Agency under this Agreement, such records shall be retained by the Consultant until all such
litigation or audit has been resolved.
4. INDEMNIFICATION. The Consultant shall defend (if requested by Agency),
indemnify and hold harmless the Agency, its officials, officers, employees, attorneys,
representatives, and agents from and against any and all actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury or
damage of any type claimed as a result of the acts or omissions of the Consultant, its officers,
employees, subcontractors and agents, arising from or related to performance by the Consultant
of the work required under this Agreement, except to the extent that such loss or damage may be
caused by the negligence of the Agency, its officers or employees. The costs, salary, and
expenses of the City Attorney and members of his office in enforcing this Agreement for
Professional Services on behalf of the Agency shall be considered as "attorneys' fees" for
purposes of this paragraph.
5. INSURANCE.
A. The Consultant shall maintain insurance policies issued by an insurance company
or companies authorized to do business in the State of California and that maintain during the
term of the policy a "General Policyholder's Rating" of at least A(v), as set forth in the then most
current edition of "Best's Insurance Guide," as follows:
2
Agrmt for Professional Services
(I) Comorehensive General Liability and Automobile Insurance. The
Consultant and each of its subcontractors shall maintain comprehensive general liability and
comprehensive automobile liability insurance with a combined single limit of not less than
$1,000,000.00 per occurrence in completing the work required under this Agreement.
(2) Worker's Comoensation Insurance. The Consultant and each of its
subcontractors shall maintain worker's compensation coverage in accordance with California
workers' compensation laws for all workers under the Consultant's and/or subcontractor's
employment performing work under this Agreement.
(3) Errors and Omissions Coverage. The Consultant shall maintain an
insurance policy covering liability for errors and omissions of the Consultant in performance of
the Scope of Services ofthis Agreement in an amount of not less than $1,000,000.00.
B. Concurrent with the execution of this Agreement and prior to the commencement
of any work by the Consultant, the Consultant shall deliver to the Agency certificates evidencing
the existence of the insurance coverage required herein, which coverage shall remain in full force
and effect continuously throughout the term of this Agreement. Each policy of insurance that
Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name
the Agency, its officials, officers, employees, attorneys, representatives, and agents as additional
insured and shall provide that the policy may not be cancelled, terminated or modified, except
upon 30 days prior written notice to the Agency.
6. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS
AND INFORMATION. All maps, photographs, data, information, reports, drawings,
specifications, computations, notes, renderings, correspondence or other documents generated by
or on behalf of the Consultant for performance of the work set forth in the Scope of Services
shall be the property of the Agency, as of the time of their preparation and payment therefore by
the Agency, and shall be delivered to the Agency upon written request to the Consultant.
7. PRESS RELEASES. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the
Consultant under this Agreement shall only be made by the Consultant with the prior written
consent ofthe Agency.
8. RESERVED.
9. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Agreement to perform any material term or
provision of this Agreement shall constitute a default under this Agreement; provided however,
that if the party who is otherwise claimed to be in default by the other party commences to cure,
correct or remedy the alleged default within seven (7) calendar days after receipt of written
3
Agrmt for ProCessional Services
notice specifying such default and shall diligently complete such cure, correction or remedy,
such party shall not be deemed to be in default hereunder.
B. The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such notice shall
not constitute a waiver of any default nor shall it change the time of default; provided, however,
the injured party shall have no right to exercise any remedy for a default hereunder without
delivering the written default notice, as specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties under this Agreement are cumulative and the
exercise by any party of one or more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or any other
default by the other party.
D. In the event that a default of any party to this Agreement may remain uncured for
more than seven (7) calendar days following written notice, as provided above, a "breach" shall
be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek
any appropriate remedy or damages by initiating legal proceedings.
10. TERMINATION.
A. This Agreement may be terminated by either party at their discretion by giving
the other party fifteen (15) calendar days prior written notice. The Agency shall pay the
Consultant for all work authorized by the Agency and completed, prior to the effective
termination date.
B. In the event of a termination of this Agreement under this section, the Consultant
shall provide all documents, notes, maps, reports, data or other work product developed in
performance of the Scope of Services of this Agreement to the Agency, within ten (l0) calendar
days of such termination and without additional charge to the Agency.
11. NOTICE. All notices given hereunder shall be in writing. Notices shall be
presented in person or by certified or registered United States Mail, return receipt requested,
postage prepaid or by overnight delivery by a nationally recognized delivery service to the
addresses set forth below. Notice presented by United States Mail shall be deemed effective on
the third business day following the deposit of such Notice with the United States Postal Service.
This section shall not prevent the parties hereto from giving notice by personal service. or
telephonically verified fax transmission, which shall be deemed effective upon actual receipt of
such personal service or telephonic verification. Either party may change their address for
receipt of written notice by notifying the other party in writing of a new address for delivering
notice to such party.
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Agnnt for Professional Services
CONSULTANT:
Attention:
Agency:
Redevelopment Agency of the City of San Bernardino
Attention: Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
12. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state,
and federal laws, including, but not limited to, environmental acts, rules and regulations
applicable to the work to be performed by the Consultant under this Agreement. The Consultant
shall maintain all necessary licenses and registrations for the . lawful performance of the work
required of the Consultant under this Agreement.
13. NONDISCRIMINATION. The Consultant shall not discriminate against any
person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or
physical handicap in the performance of the Scope of Services of this Agreement.
14. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT
CONTRACTORS. The Consultant shall at all times during the performance of any work
described in the Scope of Services be deemed to be an independent contractor. Neither the
Consultant nor any of its subcontractors shall at any time or in any manner represent that it or
any of its employees are employees of the Agency or any member agency of the Agency. The
Agency shall not be requested or ordered to assume any liability or expense for the direct
payment of any salary, wage or benefit to any person employed by Consultant or its
subcontractors to perform any item of work described in the Scope of Services.
15. SEVERABILITY. Each and every section of this Agreement shall be construed
as a separate and independent covenant and agreement. If any term or provision of this
Agreement or the application thereof to certain circumstances shall be declared invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to
circumstances other than those to which it is declared invalid or unenforceable, shall not be
affected thereby, and each term and provision of this Agreement shall be valid and enforceable
to the fullest extent permitted by law.
16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties. This Agreement supersedes all prior negotiation, discussions and
agreements between the parties concerning the subject matters covered herein. The parties
intend this Agreement to be the final expression of their agreement with respect to the subjects
covered herein and a complete and exclusive statement of such terms.
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Agnnt for Professional Services
17. AMENDMENT OR MODIFICATION. This Agreement may only be modified
or amended by written instrument duly approved and executed by each of the parties hereto.
Any such modification or amendment shall be valid, binding and legally enforceable only if in
written form and executed by each of the parties hereto, following all necessary approvals and
authorizations for such execution.
18. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of California. Any legal action arising from or related to this Agreement shall be brought in the
Superior Court of the State of California in and for the County of San Bernardino.
19. NON-WAIVER. Failure of either party to enforce any provision of this
Agreement shall not constitute a waiver of the right to compel enforcement of the same provision
or any remaining provisions of this Agreement.
20. ASSIGNMENT. This Agreement may not be assigned by the Consultant without
the prior written consent ofthe Agency.
21. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The
persons executing this Agreement warrant that they are duly authorized to execute this
Agreement on behalf of and bind the parties each purports to represent.
22. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one
or more counterparts, each of which will constitute an original.
23. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement
shall not be binding on the Agency, until signed by an authorized representative of the
Consultant, approved by the Agency, approved as to form by Agency Counsel and executed by
the Chairperson of the Community Development Commission of the City of San Bernardino and
the Agency Secretary.
24. CONFLICTS OF INTEREST. Consultant hereby represents that it has no
interests adverse to the Agency, at the time of execution of this Agreement. Consultant hereby
agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement
or acquire any interests detrimental or adverse to the Agency.
Additionally, Consultant shall not submit a proposal, nor shall it be a subcontractor to
another consultant, in response to any requests for proposals or qualifications distributed by the
Agency, during the term of this Agreement. Consultant may give notice to terminate this
Agreement, and after the effective date of such termination, may respond to any request for
proposals or qualifications issued by the Agency for which (i) Consultant did not prepare or
advise the Agency on any aspects thereof, and (ii) were distributed by the Agency subsequent to
the effective date of any termination of this Agreement by either party for any reason
whatsoever.
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Agnnt for Professional Services
Further, Consultant hereby represents and warrants to Agency that Consultant and any
partnerships, individual persons or any other party or parties comprising Consultant, together
with each subcontractor who may hereafter be designated to perform services pursuant to this
Agreement, do not have and, during the term of this Agreement, shall not acquire any property
ownership interest, business interests, professional employment relationships, contractual
relationships of any nature or any other financial arrangements relating to the Agency, property
over which the Agency has jurisdiction or any members or staff of the Agency that have not been
previously disclosed in writing to Agency, and that any such property ownership interests,
business interests, professional employment relationships, contractual relationships or any nature
or any other financial arrangements will not adversely affect the ability of the Consultant to
perform the services to Agency as set forth in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date indicated next to the authorized signatures of the officers of each of them as appear
below.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
Dated:
By:
Gary Van Osdel, Executive Director
Approved at to Form and
Legal Content:
By:
Agency Special Counsel
CONSULTANT
Dated:
By:
Title:
Dated:
By:
Title:
7
Agnnt for Professional Services
ATTACHMENT "A"
SCOPE OF SERVICES
A-I
l
San Bernardino Economic Development Agency
. .
Uptown and Central City North
Redevelopment Project Area EIR
SCOPE OF lVORK
Task I: Proiect Initiation
1.1 Kick-off Meeting With Agency Staff
A project kick-oft meeting with Agency staff will be
conducted after the approval of the environmental
consultant selection by the Agency to:
. establish a mutual understanding of the EIR program
objectives and key issues, explore the roots of
community concerns regarding the project, and
discuss Agency expectations for the consultant's
work effort;
. identify City department and governmental agencies;
business, environmental, and service organizations
and contact persons; and other individuals whose
input will be vital to the successful completion of the
EIR program;
. refine the scope of work to be performed for the EIR
and related technical studies, expectations for the
cumulative analysis and project alternatives;
define protocols for requesting information of City
staff;
. review the schedule for the public scoping meeting
including organization, locations, times,
documentation, and notification details for the
meeting;
. refine project timing, establish protocols for product
review and coordination with the City and define
project milestones and decision points; and
. obtain relevant plans, reports, ordinances, and
studies applicable to the project.
Prior to the kick-off meeting, LSA will identify its
document and information needs to assist City staff in
accumulating the background information that are
necessary to initiate the program.
Olltput: Attend project kick-off meeting.
Task 2: Scooinf{ Meetinf{
1.1 Scoping Meeting
LSA will attend a public scoping meeting prior to the end of
the 3D-day public review period on the NOP. The purpose of
the, seoping meeting will be to provide the public the
opportunity to have input into the proposed content of the
EI R: The scoping meeting will also provide both LSA and
the Agency/City the opportunity to explain the proposed
project and answer questions if necessary.
Output: Attend one Public Seoping Meeting to receive
pUblic input as to the content of the EIR.
Task 3: Environmental Impact Report
In this task, LSA will prepare appropriate environmental
documentation pursuant to current CEQA requirements
and the City's administrative guidelines for implement-
ing CEQA. Key inputs to the Program EJR process will
be generated during earlier portions of the work
program, including responses received on the NOP and
comments received at the Public Scoping Meeting.
3.1 Technical Studies
For the topics listed below, technical reports, which will
be summarized in the Program EIR text or will be pre-
pared and provided in its entirety in the Program EIR
appendices. The draft studies will be submitted to the
Agency and appropriate City staff members as directed
by the Agency for review prior to finalizing the Draft EI R.
Air Quality. The air quality analysis will address local
and regional impacts on sensitive land uses in the
vicinity of the project site. The air quality issues specific
to the City of San Bernardino and South Coast Air
Quality Management District (AQMD) air quality
planning programs and requirements will be evaluated.
LSA will prepare a technical air quality analysis
consistent with all applicable procedures and
requirements, including the following tasks.
. Baseline and project setting meteorological and air
quality data developed through the California Air
Resources Board (CARB) and climatological and
air quality profile data gathered by the AQMD will
be utilized for the description of existing ambient air
quality. Most recent published air quality data from
vicinity air quality monitoring stations for the past
three years will be included to heip highlight
existing air quality in the vicinity of the proposed
project site. Other sources such as regulatory
documents, professional publications, and past
LSA experience in the project area will supplement
background information. 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.
LSA Associates, Inc.
November 14, 2002
.4.
San Bernardino Economic Development Agency
. Dust emissions associated with demolition, grading
and construction activities during development of the
project will be calculated for the site, as well as
exhaust emissions from construction equipment,
including daily usage of on-site equipment (e.g., type
of equipment used, length of time for a specific task,
equipment power type [gasoline or diesel engine],
horsepower, load factor, and percentage of time in
use), will be calculated commensurate with available
construction information, using the EPA-approved
(EPA-AP-42) emission factors. Exhaust and dust
emissions from worker commute and equipment
travel will be calculated based on available
information regarding these activities.
. Total on-site ene'rgy use and off-site Vehicular trips
generated emissions will be calculated based on
projected future operations and total daily traffic
generated by the project, using the CARB's
URBEMIS 2001 air quality model.
. A detailed CO hot spot analysis will be performed for
up to eight locations, using EMFAC2001 and
CALlNE4 models, based on traffic data prepared for
this project and Caltrans 1996 Transportation
Project-Level CO Protocol.
. An analysis of the proposed project's consistency
with the current AQMD requirements will be
provided.
. LSA will work with the AQMD and the City, if
necessary, to identify feasible mitigation measures.
Mitigation measures will be developed as indicated
by the impact analysis.
Output: Technical Air Quality study in sufficient detail for
use in the EI R.
Noise. LSA will prepare a technical noise analysis which
will identify the impacts on sensitive land uses on or'
adjacent to the proposed project, including the following
tasks.
. Applicable State of California and City of San
Bernardino noise and land use compatibility criteria
will be identified.
. Noise monitoring will be conducted for up to four (4)
locations in the project area.
. Noise impacts during demolition and project
construction will be analyzed based on the available
construction information provided 10 LSA. EP A
\ecommended noise emission levels will be used for
the construction equipment. The construction noise
LSA Associates, Inc.
Uptown and Central City North
Redevelopment Project Area EIR
impacts will be evaluated in terms of maximum
levels (Lmax) and/or hourly equivalent continuous
noise levels (Leq) and their frequency of occurrence
at adjacent sensitive locations. Analysis
requirements will be based on the sensitivity of the
area and local noise ordinance specifications.
. Noise impacts from project-related and cumulative
vehicular traffic trips will be assessed using the
U.S. Federal Highway Traffic Noise Prediction
Model (FHWA-RD-77-108, December 1978). Model
input data (provided by others) include average
daily traffic levels, day/night percentages of autos,
medium and heavy trucks, vehicle speeds, ground
attenuation factors, and roadway widths. Future
Community Noise Equivalent Level (CNEL) or Day
Night Average Level (Ldn) along selected roadway
segments will be provided in a table format to show
the distance/contour relationship.
. Noise impacts from project-related stationary
sources, generated by the warehouse/distribution
uses proposed onsite, will be assessed for offsite
sensitive uses adjacent to the proposed
noise-producing uses.
Mitigation measures designed to reduce short- and
long-term impacts to acceptable noise levels in the
vicinity of the project site and along the access
roads will be determined where necessary. Both
an evaluation of the potential mitigation measures
and a discussion of their effectiveness will be
provided.
Output: Technical Noise study in sufficient detail for
use in the EIR.
Historic Resources Evaluation. CEQA requires that a
lead agency determine whether or not the project would
affect historical resources, (i.e., resources listed in or
eligible for listing in ihe California Register of Historical
Resources.) Myra L. Frank Associates, Inc. (MFA)
would utilize the records search of historical resources
obtained by LSA from the Information Center, which
would contain the latest inventory of historical
resources on file with the State Office of Historic
Preservation. MFA would also examine the results of
the City of San Bernardino Historic Resources
Reconnaissance Survey prepared in 1991.
MFA would prepare the Program EIR Historical
Resources analysis. This would include a synopsis of
known historical resources in the Redevelopment Area,
based on the inventory obtained from the information
center and the 1991 City survey, and any other recent
-5 -
November 14, 2002
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area EIR
surveys, including those by Caltrans. There would be no
need to field check the inventory in the Redevelopment
Areas until specific projects are identified. The Program
EIR section would need to explain how the CEQA
Guidelines Section 15064.5 would apply for individual
project sites in subsequent EIRs.
Mercado Santa Fe ProjecL At least one of MFA's six
qualified architectural historians on staff would undertake
a site visit and survey of the Mercado Santa Fe project
area to determine the extent 01 historical resources in the'
study area. MFA would prepare an historical resources
survey. The preferred scope for the survey would require
an architectural historian to fill out California Department
of Parks and Recreation forms, specifically a Primary
Record (DPR 523A) and a Building, Structure and Object
Record (DPR 523B) for each of the buildings over 50
years of age that may be affected by the Mercado Santa
Fe project. The forms require application of the California
Register of Historical Resources criteria and can be used
as an appendix or as a technical report to support the
EIR, at the discretion of the City.
MFA will summarize the results of the Mercado Santa Fe
project area survey in the historical resources settings
section of the EI R, and prepare appropriate impacts and
mitigation sections for those resources listed in or found
to meet California Register criteria.
If the City finds that preparation of the DPR 523 forms is
too costly, the City may choose to simply record the
results of the survey in the EIR without the DPR 523 form
documentation. Preparation of the DPR 523 forms would
be the preferred scope, however, because it would result
in a more defensible technical study if the findings in the
EIR were challenged. The City of San Bernardino
typically requires an historical assessment to be
prepared if a building more than 50 years of age is
demolished, and the DPR 523 forms would satisfy this
requirement, as well as strengthen the basis for the
findings in the EI R.
Output:
Historic Resources study in sufficient detail
for use in the EIR.
Traffic. Although the proposed project is not subject to
the requirements of the San Bernardino County
Congestion Management Program (CMP), the traffic
study for the proposed project will be prepared according
to CMP guidelines. The traffic study will address existing
traffic conditions, future traffic forecasts, project-related
impacts, and mitigation, and will be prepared for
submittal to the City of San Bernardino. Based on CMP
guidelines, traffic conditions will be examined lor five
analysis scenarios:
Existing conditions
. Project opening year without project conditions
. Project opening year with project conditions
. Year 2025 without project conditions
. Year 2025 with project conditions.
The analysis will examine weekday a.m. and p.m. peak
hour conditions for each of these scenarios.
Specific tasks to be performed during the preparation of
the trallic study are as follows:
Task 1 - Coordination with Agency and City of San
Bernardino. LSA will meet with Agency to develop the
impacts on land use and transportation facilities
antiCipated in each redevelopment project area as the
result of the project. These impacts include the direct
impacts of the project (e.g., construction of the
Mercado Santa Fe project), as well as the indirect
impacts on land use brought about by the
reinstatement of eminent domain. The indirect impacts
of eminent domain will be assumed to be build-out of
each project area's Redevelopment Plan. The direct
and indirect land use and infrastructure impacts of each
Project Area will define the project for purposes of the
traffic study.
LSA will work with Agency and the City of San
Bernardino to modify the East Valley Traffic Model
(EVTM), which is maintained by the City of San
Bernardino, to incorporate the changes associated with
the proposed project. LSA will also work with Agency
and the City of San Bernardino to verify that the EVTM
accurately reflects the roadway network in the study
area, including planned improvements to the 1-215
mainline and ramps in the study area. Finally, LSA will
coordinate with Agency and the City to .establish the
appropriate project opening year to use in the analysis.
To expedite completion of the analyses, it would be
helpful for Agency to complete the following steps prior
to award of the contract:
.
Determine the indirect land use changes expected
to result from the reinstatement of eminent domain
Obtain base year and future year network plots of
the EVTM from the City of San Bernardino and
verify that they accurately reflect the existing and
planned roadway network in the area
Obtain the base year and future year
socioeconomic data currently included in the
.
.
LSA Associates. Inc.
November /4, 2002
-6.
San Bernardino Economic Development Agency
EVTM for the traffic analysis zones in the study
area.
Uptown and Central City North
R.edevelopment Project Area EIR.
Task 2 - Study Area Determination. After verification that
the EVTM accurately represents base conditions, future
without project, and future with project conditions, LSA
will contract with the City of San Bemrdino to obtain a.m.
and p.m. peak hour volume plots for each analysis
scenario. The study area will be determined by
comparing future without and with project traffic volumes
to determine which intersections and freeway segments
meet the CMP's threshold for analysis (80 peak hour
trips for intersections, 100 for freeway segments). It is
anticipated that the following intersections identified in
the CMP will likely be included in the study area:
. Mount Vemon Avenue/Highland Avenue
Mount Vernon Avenue/Base Line Road
. Mount Vernon Avenue/2nd Street
Mount Vernon Avenue/Mill Street
. E Street/Highland Avenue
. E Street/Base Line Road
. E Street/2nd Street
. E Street/Mill Street
. Waterman Avenue/Highland Avenue
. Waterman Avenue/Base Line Road
. Waterman Avenue/2nd Street
. Waterman Avenue/Mill Street
. SR-259/Highland Street Ramps (2 intersections)
. SR-30/H Street Ramps (2 intersections)
SR-30lWaterman Avenue Ramps (3 intersections)
1-215/Mount Vernon Avenue Ramps (2 intersections)
. 1-215/10th Street/Orange Street/13th Street Ramps
(3 intersections)
1-215/5th Street Ramps (2 intersections)
. 1-215/2nd Street Ramps (3 intersections)
In addition, LSA will consult with the City Traffic Engineer
to determine any additional intersections that the City
may require be included in the analysis. It is anticipated
that the City may require that up to an additional eight
intersections be included. Therefore, for purposes of this
Scope and budget, it is assumed that traffic counts will
be conducted at up to thirty-seven intersections. If
additional intersection counts are required, the budget
will need to be adjusted accordingly.
To expedite completion of the analyses, it would be
helpful for Agency to complete the following steps prior
to award of the contract:
. Conduct a.m. and p.m. peak hour vehicle
classification counts satisfying SAN BAG
requirements at each of the CMP intersections
identified above.
Consult with the City Traffic Engineer and and
conduct vehicle classification counts at key
intersections that he identifies for analysis.
Task 3 - Data Collection. LSA will collect existing'
intersection turn volumes at the CMP intersections and
other study area intersections, if Agency has not
already done so. Counts will be conducted on a
weekday between 7:00 and 9:00 a.m. and between 4:00
and 6:00 p.m. Because of the Thanksgiving and
Christmas holiday periods, counts cannot be conducted
between November 24 and December 3, or between
December 13 and January 6. Therefore, LSA will
conduct traffic counts at all CMP intersections identified
in Task 2 and at all intersections identified by the City
Traffic Engineer without waiting for results of the study
area determination. If the study area determination
resulting from the EVTM runs identifies additional
intersections for analysis, they will be scheduled as
soon as possible.
Task 4 - Existing Traffic Conditions. Existing weekday
a.m. and p.m. peak hour conditions and levels of ser-
vice will be assessed for the analysis intersection and
freeway segments. Levels of service will be calculated
using the Highway Capacity Manual (HCM) analysis
methOdOlogies.
Task 5 - Opening Year (Without Project) Traffic
Conditions. Opening year without project traffic volumes
will be developed by applying an annual growth factor to
the existing traffic counts. The resulting freeway
mainline and intersection levels of service will be calcu-
lated using the previously discussed analysis meth-
odologies.
Task 6 - Opening Year Project Trip Characteristics. For
the. opening year analysis, it is assumed that only
direct project impacts will be in place. Therefore, peak
hour trip generation for the direct impacts of the
proposed project (e.g., the Mercado Santa Fe project)
will be developed using rates from the Institute of
Transportation Engineers (ITE) Trip Generation (6'"
Edition). Trip distribution patterns for the proposed
project will be developed based on the relationship of
LSA A.ssociates, Inc.
^,oven1herJ~2002
-7-
San Bernardino Economic Development Agency
the project site to surrounding land uses and to freeway
access points.
Task 7 - Opening Year With Project Traffic Conditions.
Opening year volumes with the proposed project will be
developed by adding project traffic assignments to the
opening year without project traffic conditions. The
resulting freeway mainline and intersection levels of ser-
vice for each scenario will be calculated using the
previously discussed methodologies.
Task 8 - Opening Year Project Impact Assessment. Opening
year without project intersection levels of service will be
compared to opening year with project levels of service to
determine potential project impacts. Determination of
the significance of project impacts will be made based on
City level of service standards and threshold of
significance criteria.
Task 9 - Year 2025 (Without Project) Traffic Conditions.
Year 2025 without project traffic volumes will be
developed from the EVTM without project model runs
requested in Task 2. The raw traffic model output will be
refined for use in the traffic analysis according to
methodologies approved by the City. The resulting
freeway mainline and intersection levels of service will be
calculated using the previously discussed analysis meth-
odologies.
Task 10 - Year 2025 (With Project) Traffic Conditions.
Year 2025 with project traffic volumes will be developed
from the EVTM with project model runs requested in
Task 2. The raw traffic model output will be refined for
use in the traffic analysis according to methodologies
approved by the City. The resulting freeway mainline and
intersection levels of service will be calculated using the
previously discussed analysis methodologies.
Task 11 - Year 2025 Project Impact Assessment. Year
2025 without project intersection levels of service will be
compared to year 2025 with project levels of service to
detennine potential project impacts. Detennination of
the significance of project impacts will be made based on
CMP level of service standards and threshold of
significance criteria.
Task 12 . Mitigation Measures. Mitigation measures will
be identified to offset significant project impacts and to
maintain minimum level of service standards. These
mitigation improvements may include intersection turn
lanes, signalization, and segment lane additions, as
appropriate. The levels of service with mitigation will be
calculated and summarized, along with a comparison of
the levels of service without mitigation.
Task 13 - Screencheck Draft Traffic Study Preparation and
Submittal. lSA will prepare a screencheck draft traffic
[SA Associates, Inc.
Uptown and Central City North
Redevelopment Project Area EIR
study report documenting analysis methodologies,
existing conditions, future year conditions, project
impacts, and mitigation measures (if any). The
screencheck draft traffic study will be submitted for
review by Agency.
Task 14 . Draft Traffic Study Preparation and Submittal.
Upon completion of the review of the traffic analysis by
Agency, lSA will revise the traffic analysis for submittal
to the City of San Bernardino.
Task IS - Traffic Analysis Revisions and Final Traffic
Study. Upon completion of review of the traffic analysis
by City staff, lSA will coordinate with staff to identify
any comments on the study. lSA will then revise the
traffic analysis for submittal for final review and approval.
Task 16 - Meetings. Representatives of lSA's
Transportation Department will attend up to three
meetings related to preparation of and/or revisions to
the traffic study.
Work Products. The following products will be produced
as a result of this work effort:
. Screencheck Draft T raflic Study Report - 5 copies
. Draft Traffic Study Report - 10 copies
Final Traffic Study Report - 10 copies
Output: Traffic Study in sufficient detail for use in the
EIR.
3.2 Sereencheck Draft ErR
lSA will prepare appropriate environmental
documentation pursuant to current CEOA requirements
and the Agency's administrative guidelines for
implementing CEOA. Key inputs to the Program EIR
process will be generated during earlier portions of the
work program, including responses received on the
NOP. lSA will analyze the environmental
consequences of the proposed changes in
circumstances for those topics of focus identified in the
Initial Study. lSA will incorporate the technical studies
and will collect the necessary additional research
materials to establish the environmental baseline for the
proposed project. lSA will use ihe documentation of
existing conditions to analyze the environmental issues
related to the proposed project. This analysis will
consist primarily of the following tasks:
. Evaluation and analysis of specific characteristics of
the .project as they relate to the surrounding area.
. Assessment of the short- and long-tenn impacts
.8-
. November 14. 2002
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area EIR
(construction and operation) of the proposed project
as well as the effects of demolition of existing
structures.
. Assessment of environmental impacts which will be
created by the proposed project, addressing:
- traffic
- air quality
noise
housing (loss of affordable units & potential
relocation of residents)
historic resources
cumulative impacts.
. Graphic depiction of environmental and planning
factors and their relation to the project.
. Identification of potential alternatives to the proposed
project, including "no project" and comparative
analysis of project related impacts and impacts of
project alternatives.
. Formulation of appropriate mitigation measures.
. Analysis of residual impacts after implementation of
mitigation measures.
Additional sections of the report will include Growth
lnducing lmpacts and Significant lrreversible
Environmental Changes Which Would Be lnvolved in the
Proposed Action. Cumulative impacts will be addressed
in a separate chapter by individual environmental topic
(topics will reflect those contained in the body of the
EIR).
These work efforts will be compiled into a Screencheck
Draft Program EIR, along with the analysis of topical
issues required by CEQA, an introduction, and project
description.
The Screencheck Draft Program EIR will be sUbmilled to
the Agency for review and will then be modified based on
the Agency's comments. Following these modifications,
a Draft EI R will be provided to Agency staff that includes
the appropriate revisions.
Output: Screencheck Draft Program EIR for Agency
review - 1 reproducible & 5 bound copies
3.3 Draft EIR
Following review and modifications to the Screencheck
Draft Program EIR, a Draft Program EIR and Notice of
Completion (NOC) will be prepared and submitted to the
Agency for public distribution, LSA will prepare the
Notice 'of Availability (NOA) and mail the NOA to the
persons/agencies on the Agency/City's mailing list. In
addition, LSA will distribute the EIR's by either certified
mail or overnight mail to the agenciesJindividuals on the
Agency/City's mailing list. LSA will also distribute 15-
copies of the Draft EIR to the State Clearinghouse
along with the NOC.
Output: Preparation and distribution of a Draft EIR,
NOA and NOC - 1 reproducible & 75 bound
copies.
3.4 Final EIR
The Final Program EIR will include the Draft Program
EIR, technical appendices, letters of comments and
responses on the Draft Program EIR, Mitigation
Monitoring Program, Facts and Findings, and
Statement of Overriding Considerations, and the
Resolutions certifying the EIR and approving the
amendments to the redevelopment plans.
a. Response to Comments
. At the close of the public review period for the Draft EIR,
LSA will meet with Agency staff to review any
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. A maximum of 80 hours of professional
staff time has been budgeted for responding to
comments. Once draft responses to comments are
completed, they will be submitted to Agency staff for
, review and comment. The Agency's comments will be
incorporateQ into the response to comments document,
which will be submitted to the Agency for use in public
hearings.
Output: Written responses to all comments on the
DraftEIR.
b. Mitigation Monitoring Program
Prior to Planning Commission hearings on the Project
and EIR, LSA will prepare a mitigation monitoring plan
to assist the Agency in implementing the mitigation
measures contained in the EIR.
Output: Prepare a mitigation monitoring program for
inclusion in the Final EIR.
c. Sereeneheek Final EIR
LSA will prepare a Screencheck Final EIR that includes
the Draft EIR, Response to Comments, findings and
facts, a Statement of Overriding Considerations, and
the Mitigation Monitoring Program for City review and
comment.
LSA Associates, Inc.
November 14, 2002
-9-
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area RIR
Output: Prepare a Screencheck Final EIR for Agency
review - 1 reproducible & 5 bound copies.
d. Administrative EIR
The Screencheck Final EIR will be revised per Agency
staff comments and complied into a Final EIR prior to
public hearings on the project and EIR.
Output: Planning and environmental findings needed for
Planning Commission and City Council actions
on the Project (50 copies of Final ErR, 1
camera ready copy, and 1 electronic copy).
Task 4: Meelinlfs & Public Hearinlfs
4.1 Meetings and Publk Hearings
LSA will attend up to five meetings with Agency staff in
addition to those specifically included in the preceding
scope of work. LSA will also attend up to three (2)
Environmental Review Committee meetings, one (1)
public scoping meeting, and two (2) public hearings
before the Planning Commission and Mayor and
Common Council. Hearings will include a power point
presentation or presentation boardslhand outs on the
EIR.
Output: LSA attendance and participation in meeting
with Agency staff and at project public
hearings.
Task 5: Proiect Administration
5.1 Maintain Close Contact with Agency Staff
LSA will maintain continuous liaison with the Agency,
and will participate in regular meetings to monitor
progress and receive input. These meetings will also
be used as project management tools to keep staff and
City decision makers informed. Up to five (5) such
liaison meetings will be held on a per meeting basis.
Output: Ongoing coordination between consultant and
Agency staff to ensure the smooth functioning
of the Program EIR-work program.
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area EIR
Project emtl' by TGlk
Task I Project Initiation
1.1 Project Kick-Off Meeting
Reimbursables
$500
$30
Sub/oral
$530
Task 2 Scoping Meeting
2.1 Scoping Meeting
Reimbursables
$1,780
$50
Sub/oW
$1;830
Task 3 Environmental Impact Report
3.1 Technical Studies
Air Quality Study
Noise Study
Historic
Traffic Study
$5,000
$5,000
$22,447"
$35,000
Sub/oral
$67,447
3.2 Screencheck Draft EIR
Reimbursables
Printing
MaiVDistribution
$30,460
$300
$750
$450
Sub/oral
$31,960
3.3 Draft EIR
Reimbursables
Printing
Mailing/Distribution
$5,010
$100
$4,700
$700
Sub/oral
$10,510
3.4 Final EIR
Response to Comments
Mitigation Monitoring Program
Screencheck Final EIR
Findings
Administrative Record Final EIR
$9,700
$1,695
$5,180
$4,340
$1,135
Reimbursables
Printing
MaiVDistribution
$1,000
$3,000
$200
Sub/oral
$26,250
Task 4 Public Hearings
6.1 Environmental Review Committee
6.2 Planning Commission
6.3 Common Council
Reimbursables
$335
$860
$860
$100
Subtotal
$2,155
Task 5 Project Administration
7.1 Maintain Close Contact
with Agency
Reimbursables
$5,000
$300
Sub/oral
$5,300
1'1100/1.\)[ J (il If S1~~,557
Note: "For the purposes of this cost estimate, it is further assumed that the detailed historical resources survey
required herein relates only to the buildings and structures on the Mercado Santa Fe project site.
LSA Associates, Inc.
November 14, 2002
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
(LSA ASSOCIATES, INC.)
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and
entered into as of _, 2002, by and between the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency"), a
public body existing and functioning pursuant to Health and Safety Code Sections 33000, et seq.,
and LSA Associates, Inc. (the "Consultant"),
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the
Consultant to provide the consulting services set forth in the Scope of Services attached hereto as
Attachment "A" and incorporated herein by this reference. The Consultant hereby agrees to
perform the work set forth in the Scope of Services, in accordance with the terms of this
Agreement.
2. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant a fixed fee of $144,557 for
performance of the services set forth in the Scope of Services.
B. The compensation designated in subsection A shall be the "Total Fee" for the
performance of the work set forth in the Scope of Services. The Total Fee shall include, but not
be limited to, the salaries of all subcontractors retained by the Consultant to perform work
pursuant to this Agreement and shall be inclusive of all costs and expenses incurred for mileage,
travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses
related to completion of the work set forth in the Scope of Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant
under this Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
I
Agrmt for Professional Services
E. Each invoice of the Consultant shall set forth the time and expenses of the
Consultant incurred in performance of the Scope of Services, during the period of time for which
the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the
individual personnel of the Consultant and any individual subconsultants utilized by the
Consultant, during the time period covered by the invoice, a description of the professional
services rendered on a daily basis by each named individual during such time period, the
respective hourly rates of each named individual and the actual time expended by each named
individual. Each invoice of the Consultant shall be accompanied by copies of all third party
invoices for other direct costs incurred and paid by the Consultant during such time period. The.
Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the
Executive Director, within thirty (30) days of such approval.
3. RECORDS RETENTION. Records, maps, field notes and supporting documents
and all other records pertaining to t/1e use of funds paid to the Consultant hereunder shall be
retained by the Consultant and available to the Agency for examination and for purposes of
performing an audit for a period of five (5) years from the date of expiration or termination of
this Agreement or for a longer period, as required by law. Such records shall be available to the
Agency and to appropriate county, state or federal agencies and officials for inspection during
the regular business hours of the Consultant. If the Consultant does not maintain regular
business hours, then such records shall be available for inspection between the hours of 9 a.m.
and 5 p.m. Monday through Friday, excluding federal and state government holidays. In the
event of litigation or an audit relating to this Agreement or funds paid to the Consultant by the
Agency under this Agreement, such records shall be retained by the Consultant until all such
litigation or audit has been resolved.
4. INDEMNIFICATION. The Consultant shall defend (if requested by Agency),
indemnify and hold harmless the Agency, its officials, officers, employees, attorneys,
representatives, and agents from and against any and all actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury or
damage of any type claimed as a result of the acts or omissions of the Consultant, its officers,
employees, subcontractors and agents, arising from or related to performance by the Consultant
of the work required under this Agreement, except to the extent that such loss or damage may be
caused by the negligence of the Agency, its officers or employees. The costs, salary, and
expenses of the City Attorney and members of his office in enforcing this Agreement for
Professional Services on behalf of the Agency shall be considered as "attorneys' fees" for
purposes of this paragraph.
5. INSURANCE.
A. The Consultant shall maintain insurance policies issued by an insurance company
or companies authorized to do business in the State of California and that maintain during the
term of the policy a "General Policyholder's Rating" of at least A(v), as set forth in the then most
current edition of "Best's Insurance Guide," as follows:
2
Agnnt for Professional Services
(I) Comprehensive General Liability and Automobile Insurance. The
Consultant and each of its subcontractors shall maintain comprehensive general liability and
comprehensive automobile liability insurance with a combined single limit of not less than
$1,000,000.00 per occurrence in completing the work required under this Agreement.
(2) Worker's Compensation Insurance. The Consultant and each of its
subcontractors shall maintain worker's compensation coverage in accordance with California
workers' compensation laws for all workers under the Consultant's and/or subcontractor's
employment performing work under this Agreement.
(3) Errors and Omissions Coverage. The Consultant shall maintain an
insurance policy covering liability for errors and omissions of the Consultant in performance of
the Scope of Services of this Agreement in an amount of not less than $1,000,000.00.
B. Concurrent with the execution of this Agreement and prior to the commencement
of any work by the Consultant, the Consultant shall deliver to the Agency certificates evidencing
the existence of the insurance coverage required herein, which coverage shall remain in full force
and effect continuously throughout the term of this Agreement. Each policy of insurance that
Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name
the Agency, its officials, officers, employees, attorneys, representatives, and agents as additional
insured and shall provide that the policy may not be cancelled, terminated or modified, except
upon 30 days prior written notice to the Agency.
6. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS
AND INFORMATION. All maps, photographs, data, information, reports, drawings,
specifications, computations, notes, renderings, correspondence or other documents generated by
or on behalf of the Consultant for performance of the work set forth in the Scope of Services
shall be the property of the Agency, as of the time of their preparation and payment therefore by
the Agency, and shall be delivered to the Agency upon written request to the Consultant.
7. PRESS RELEASES. Press or news releases, including photographs or public
aunouncements, or confirmation of the same related to the work to be performed by the
Consultant under this Agreement shall only be made by the Consultant with the prior written
consent of the Agency.
8. RESERVED.
9. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Agreement to perform any material term or
provision of this Agreement shall constitute a default under this Agreement; provided however,
that if the party who is otherwise claimed to be in default by the other party commences to cure,
correct or remedy the alleged default within seven (7) calendar days after receipt of written
3
Agnnt for Professional Services
notice specifying such default and shall diligently complete such cure, correction or remedy,
such party shall not be deemed to be in default hereunder.
B. The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such notice shall
not constitute a waiver of any default nor shall it change the time of default; provided, however,
the injured party shall have no right to exercise any remedy for a default hereunder without
delivering the written default notice, as specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties under this Agreement are cumulative and the
exercise by any party of one or more of such rights or remedies shall not preclude the exercise by
it, at the same or different times, of any other rights or remedies for the same default or any other
default by the other party.
D. In the event that a default of any party to this Agreement may remain uncured for
more than seven (7) calendar days following written notice, as provided above, a "breach" shall
be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek
any appropriate remedy or damages by initiating legal proceedings.
10. TERMINATION.
A. This Agreement may be terminated by either party at their discretion by giving
the other party fifteen (15) calendar days prior written notice. The Agency shall pay the
Consultant for all work authorized by the Agency and completed, prior to the effective
termination date.
B. In the event of a termination of this Agreement under this section, the Consultant
shall provide all documents, notes, maps, reports, data or other work product developed in
performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar
days of such termination and without additional charge to the Agency.
11. NOTICE. All notices given hereunder shall be in writing. Notices shall be
presented in person or by certified or registered United States Mail, return receipt requested,
postage prepaid or by overnight delivery by a nationally recognized delivery service to the
addresses set forth below. Notice presented by United States Mail shall be deemed effective on
the third business day following the deposit of such Notice with the United States Postal Service.
This section shall not prevent the parties hereto from giving notice by personal service or
telephonically verified fax transmission, which shall be deemed effective upon actual receipt of
such personal service or telephonic verification. Either party may change their address for
receipt of written notice by notifying the other party in writing of a new address for delivering
notice to such party.
4
Agnnt for Professional Services
CONSULTANT:
Attention:
Agency:
Redevelopment Agency of the City of San Bernardino
Attention: Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
12. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state,
and federal laws, including, but not limited to, environmental acts, rules and regulations
applicable to the work to be performed by the Consultant under this Agreement. The Consultant
shall maintain all necessary licenses and registrations for the lawful performance of the work
required of the Consultant under this Agreement.
13. NONDISCRIMINATION. The Consultant shall not discriminate against any
person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or
physical handicap in the performance of the Scope of Services of this Agreement.
14. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT
CONTRACTORS. The Consultant shall at all times during the performance of any work
described in the Scope of Services be deemed to be an independent contractor. Neither the
Consultant nor any of its subcontractors shall at any time or in any manner represent that it or
any of its employees are employees of the Agency or any member agency of the Agency. The
Agency shall not be requested or ordered to assume any liability or expense for the direct
payment of any salary, wage or benefit to any person employed by Consultant or its
subcontractors to perform any item of work described in the Scope of Services.
15. SEVERABILITY. Each and every section of this Agreement shall be construed
as a separate and independent covenant and agreement. If any term or provision of this
Agreement or the application thereof to certain circumstances shall be declared invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to
circumstances other than those to which it is declared invalid or unenforceable, shall not be
affected thereby, and each term and provision of this Agreement shall be valid and enforceable
to the fullest extent permitted by law.
16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties. This Agreement supersedes all prior negotiation, discussions and
agreements between the parties concerning the subject matters covered herein. The parties
intend this Agreement to be the final expression of their agreement with respect to the subjects
covered herein and a complete and exclusive statement of such terms.
5
Agnnt for Professional Services
17. AMENDMENT OR MODIFICATION. This Agreement may only be modified
or amended by written instrument duly approved and executed by each of the parties hereto.
Any such modification or amendment shall be valid, binding and legally enforceable only if in
written form and executed by each of the parties hereto, following all necessary approvals and
authorizations for such execution.
18. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of California. Any legal action arising from or related to this Agreement shall be brought in the
Superior Court of the State of California in and for the County of San Bernardino.
19. NON-WAIVER. Failure of either party to enforce any provision of this
Agreement shall not constitute a waiver of the right to compel enforcement of the same provision
or any remaining provisions of this Agreement.
20. ASSIGNMENT. This Agreement may not be assigned by the Consultant without
the prior written consent of the Agency.
21. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The
persons executing this Agreement warrant that they are duly authorized to execute this
Agreement on behalf of and bind the parties each purports to represent.
22. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one
or more counterparts, each of which will constitute an original.
23. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement
shall not be binding on the Agency, until signed by an authorized representative of the
Consultant, approved by the Agency, approved as to form by Agency Counsel and executed by
the Chairperson of the Community Development Commission of the City of San Bernardino and
the Agency Secretary.
24. CONFLICTS OF INTEREST. Consultant hereby represents that it has no
interests adverse to the Agency, at the time of execution of this Agreement. Consultant hereby
agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement
or acquire any interests detrimental or adverse to the Agency.
Additionally, Consultant shall not submit a proposal, nor shall it be a subcontractor to
another consultant, in response to any requests for proposals or qualifications distributed by the
Agency, during the term of this Agreement. Consultant may give notice to terminate this
Agreement, and after the effective date of such termination, may respond to any request for
proposals or qualifications issued by the Agency for which (i) Consultant did not prepare or
advise the Agency on any aspects thereof, and (ii) were distributed by the Agency subsequent to
the effective date of any termination of this Agreement by either party for any reason
whatsoever.
6
Agnnt for Professional Services
Further, Consultant hereby represents and warrants to Agency that Consultant and any
partnerships, individual persons or any other party or parties comprising Consultant, together
with each subcontractor who may hereafter be designated to perform services pursuant to this
Agreement, do not have and, during the term of this Agreement, shall not acquire any property
ownership interest, business interests, professional employment relationships, contractual
relationships of any nature or any other financial arrangements relating to the Agency, property
over which the Agency has jurisdiction or any members or staff of the Agency that have not been
previously disclosed in writing to Agency, and that any such property ownership interests,
business interests, professional employment relationships, contractual relationships or any nature
or any other financial arrangements will not adversely affect the ability of the Consultant to
perform the services to Agency as set forth in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date indicated next to the authorized signatures of the officers. of each of them as appear
below.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
Dated:
By:
Gary Van Osdel, Executive Director
Approved at to Form and
Legal Content:
By:
Agency Special Counsel
CONSULTANT
Dated:
By:
Title:
Dated:
By:
Title:
7
Agnnt for Professional Services
ATTACHMENT "A"
SCOPE OF SERVICES
A-I
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area EIR
SCOP/o Of' WORK
Task I: Proiect Initiation
1.1 Kick-off Meeting With Agency Staff
A project kick-off meeting with Agency staff will be
conducted after the approval of the environmental
consultant selection by the Agency to:
. establish a mutual understanding of the EtR program
objectives and key issues, explore the roots of
community concerns regarding the project, and
discuss Agency expectations for the consultant's
work effort;
. identify City department and governmental agencies;
business, environmental, and service organizations
and contact persons; and other individuals whose
input will be vital to the successful completion of the
EIR program;
. refine the scope of work to be performed for the EIR
and related technical studies, expectations for the
cumulative analysis and project alternatives;
. define protocols for requesting information of City
staff;
. review the schedule for the public scoping meeting
including organization, locations, times,
documentation, and notification details for the
meeting;
. refine project timing, establish protocols for product
review and coordination with the City and define
project milestones and decision points; and
. obtain relevant plans, reports, ordinances, and
studies applicable to the project.
Prior to the kick-off meeting, LSA will identify its
document and information needs to assist City staff in
accumulating the background information that are
necessary to initiate the program.
Output: Attend project kick-off meeting.
Task 2: Scopin/! Meetin/!
1.1 Scoping Meeting
LSA will attend a public scoping meeting prior to the end of
the 30-day public review period on the NOP. The purpose of
the scoping meeting will be to provide the public the
opportunity to have input into the proposed content of the
EIR. The scoping meeting will also provide both LSA and
the Agency/City the opportunity to explain the proposed
project and answer questions if necessary.
Output: Attend one Public Seoping Meeting to receive
public input as to the content of the EIR.
Task 3: Environmental Impact Report
In this task, LSA will prepare appropriate environmental
documentation pursuant to current CEQA requirements
and the City's administrative guidelines for implement-
ing CEQA. Key inputs to the Program EIR process will
be generated during earlier portions of the work
program, including responses received on the NOP and
comments received at the Public Scoping Meeting.
3.1 Technical Studies
For the topics listed below, technical reports, which will
be summarized in the Program EIR text or will be pre-
pared and provided in its entirety in the Program EIR
appendices. The draft studies will be submitted to the
Agency and appropriate City staff members as directed
by the Agency for review prior to finalizing the Draft EIR.
Air Quality. The air quality analysis will address local
and regional impacts on sensitive land uses in the
vicinity of the project site. The air quality issues specific
to the City of San Bernardino and South Coast Air
Quality Management District (AQMD) air quality
planning programs and requirements will be evaluated.
LSA will prepare a technical air quality analysis
consistent with all applicable procedures and
requirements, including the following tasks.
Baseline and project setting meteorological and air
quality data developed through the California Air
Resources Board (CARB) and climatological and
air quality profile data gathered by the AQMD will
be utilized for the description of existing ambient air
quality. Most recent published air quality data from
vicinity air quality monitoring stations for the past
three years will be included to help highlight
existing air quality in the vicinity of the proposed
project site. Other sources such as regulatory
documents, professional publications, and past
LSA experience in the project area will supplement
background information. 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.
LSA Associates, Inc.
-4 -
November 14, 2002
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area EIR
. Dust emissions associated with demolition, grading
and construction activities during development of the
project will be calculated for the site, as well as
exhaust emissions from construction equipment,
including daily usage of on-site equipment (e.g., type
of equipment used, length of time for a specific task,
equipment power type [gasoline or diesel engine],
horsepower, load factor, and percentage of time in
use), will be calculated commensurate with available
construction information, using the EPA-approved
(EPA-AP-42) emission factors. Exhaust and dust
emissions from worker commute and equipment
travel will be calculated based on available
information regarding these activities.
. Total on-site energy use and off-site vehicular trips
generated emissions will be calculated based on
projected future operations and total daily traffic
generated by the project, using the CARB's
URBEMIS 2001 air quality model.
. A detailed CO hot spot analysis will be performed for
up to eight locations, using EMFAC2001 and
CALlNE4 models, based on traffic data prepared for
this project and Caltrans 1996 Transportation
Project-Level CO Protocol.
. An analysis of the proposed project's consistency
with the current AQMD requirements will be
provided.
. LSA will work with the AQMD and the City, if
necessary, to identify feasible mitigation measures.
Mitigation measures will be developed as indicated
by the impact analysis.
Output: Technical Air Quality study in sufficient detail for
use in the EIA.
Noise. LSA will prepare a technical noise analysis which
will identify the impacts on sensitive land uses on or
adjacent to the proposed project, including the following
tasks.
. Applicable State of California and City of San
Bemardino noise and land use compatibility criteria
will be identified.
. Noise monitoring will be conducted for up to four (4)
locations in the project area.
. Noise impacts during demolition and project
construction will be analyzed based on the available
construction information provided to LSA. EP A
recommended noise emission levels will be used for
the construction equipment. The construction noise
impacts will be evaluated in terms of maximum
levels (Lmax) and/or hourly equivalent continuous
noise levels (Leq) and their frequency of occurrence
at adjacent sensitive locations. Analysis
requirements will be based on the sensitivity of the
area and local noise ordinance specWications.
. Noise impacts from project-related and cumulative
vehicular traffic trips will be assessed using the
U.S. Federal Highway Traffic Noise Prediction
Model (FHWA-RD-77-108, December 1978). Model
input data (provided by others) include average
daily traffic levels, day/night percentages of autos,
medium and heavy trucks, vehicle speeds, ground
attenuation factors, and roadway widths. Future
Community Noise Equivalent Level (CNEL) or Day
Night Average Level (Ldn) along selected roadway
segments will be provided in a table format to show
the distance/contour relationship.
. Noise impacts from project-related stationary
sources, generated by the warehouse/distribution
uses proposed onsite, will be assessed for offsite
sensitive uses adjacent to the proposed
noise-producing uses.
. Mitigation measures designed to reduce short- and
long-term impacts to acceptable noise levels in the
vicinity of the project site and along the access
roads will be determined where necessary. Both
an evaluation of the potential mitigation measures
and a discussion of their effectiveness will be
provided.
Output: Technical Noise study in sufficient detail for
use in the EIA.
Historic Resources Evaluation. CEQA requires that a
lead agency determine whether or not the project would
affect historical resources, (i.e., resources listed in or
eligible for listing in the California Register of Historical
Resources.) Myra L. Frank Associates, Inc. (MFA)
would utilize the records search of historical resources
obtained by LSA from the Information Center, which
would contain the latest inventory of historical
resources on file with the State Office of Historic
Preservation. MFA would also examine the results of
the City of San Bernardino Historic Resources
Reconnaissance Survey prepared in 1991.
MFA would prepare the Program EIR Historical
Resources analysis. This would include a synopsis of
known historical resources in the Redevelopment Area,
based on the inventory obtained from the information
center and the 1991 City survey, and any other recent
LSA Associates, Inc.
-5 -
November 14, 2002
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area EIR
surveys, including those by Caltrans. There would be no
need to field check the inventory in the Redevelopment
Areas until specific projects are identified. The Program
EIR section would need to explain how the CEQA
Guidelines Section 15064.5 would apply for individual
project sites in subsequent EIRs.
Mercado Santa Fe ProjecL At least one of MFA's six
qualified architectural historians on staff would undertake
a site visit and survey of the Mercado Santa Fe project
area to determine the extent of historical resources in the'
study area. MFA would prepare an historical resources
survey. The preferred scope for the survey would require
an architectural historian to fill out California Department
of Parks and Recreation forms, specifically a Primary
Record (DPR 523A) and a Building, Structure and Object
Record (DPR 523B) for each of the buildings over 50
years of age that may be affected by the Mercado Santa
Fe project. The forms require application of the California
Register of Historical Resources criteria and can be used
as an appendix or as a technical report to support the
EIR, at the discretion of the City.
MFA will summarize the results of the Mercado Santa Fe
project area survey in the historical resources settings
section of the EIR, and prepare appropriate impacts and
mitigation sections for those resources listed in or found
to meet California Register criteria.
If the City finds that preparation of the DPR 523 forms is
too costly, the City may choose to simply record the
results of the survey in the EIR without the DPR 523 form
documentation. Preparation of the DPR 523 forms would
be the preferred scope, however, because it would result
in a more defensible technical study if the findings in the
EIR were challenged. The City of San Bernardino
typically requires an historical assessment to be
prepared if a building more than 50 years of age is
demolished, and the DPR 523 forms would satisfy this
requirement, as well as strengthen the basis for the
findings in the EI R.
Output: Historic Resources study in sufficient detail
for use in the EIR.
Traffic. Although the proposed project is not subject to
the requirements of the San Bernardino County
Congestion Management Program (CMP), the traffic
study for the proposed project will be prepared according
to CMP guidelines. The traffic study will address existing
traffic conditions, future traffic forecasts, project-related
impacts, and mitigation, and will be prepared for
submittal to the City of San Bernardino. Based on CMP
guidelines, traffic conditions will be examined for five
analysis scenarios:
. Existing conditions
. Project opening year without project conditions
. Project opening year with project conditions
. Year 2025 without project conditions
. Year 2025 with project conditions.
The analysis will examine weekday a.m. and p.m. peak
hour conditions for each of these scenarios.
Specific tasks to be performed during the preparation of
the traffic study are as follows:
Task 1 - Coordination with Agency and City of San
Bernardino. LSA will meet with Agency to develop the
impacts on land use and transportation facilities
anticipated in each redevelopment project area as the
result of the project. These impacts include the direct
impacts of the project (e.g., construction of the
Mercado Santa Fe project), as well as the indirect
impacts on land use brought about by the
reinstatement of eminent domain. The indirect impacts
of eminent domain will be assumed to be build-out of
each project area's Redevelopment Plan. The direct
and indirect land use and infrastructure impacts of each
Project Area will define the project for purposes of the
traffic study.
LSA will work with Agency and the City of San
Bernardino to modify the East Valley Traffic Model
(EVTM), which is maintained by the City of San
Bernardino, to incorporate the changes associated with
the proposed project. LSA will also work with Agency
and the City of San Bernardino to verify that the EVTM
accurately reflects the roadway network in the study
area, including planned improvements to the 1-215
mainline and ramps in the study area. Finally, LSA will
coordinate with Agency and the City to establish the
appropriate project opening year to use in the analysis.
To expedite completion of the analyses, it would be
helpful for Agency to complete the following steps prior
to award of the contract:
Determine the indirect land use changes expected
to result from the reinstatement of eminent domain
.
Obtain base year and future year network plots of
the EVTM from the City of San Bernardino and
verify that they accurately reflect the existing and
planned roadway network in the area
Obtain the base year and future year
socioeconomic data currently included in the
.
LSA Associates. Inc.
-6-
November 14. 2002
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area EIR
EVTM for the traffic analysis zones in the study
area.
Task 2 - Study Area Detenuination. After verification that
the EVTM accurately represents base conditions, future
without project, and future with project conditions, LSA
will contract with the City of San Bemrdino to obtain a.m.
and p.m. peak hour volume plots for each analysis
scenario. The study area will be determined by
comparing future without and with project traffic volumes
to determine which intersections and freeway segments
meet the CMP's threshold for analysis (80 peak hour
trips for intersections, 100 for freeway segments). It is
anticipated that the following intersections identified in
the CMP will likely be included in the study area:
. Mount Vernon Avenue/Highland Avenue
. Mount Vernon Avenue/Base Line Road
. Mount Vernon Avenue/2nd Street
. Mount Vernon Avenue/Mill Street
. E Street/Highland Avenue
. E Street/Base Line Road
. E Street/2nd Street
. E Street/Mill Street
. Waterman Avenue/Highland Avenue
. Waterman Avenue/Base Line Road
. Waterman Avenue/2nd Street
. Waterman Avenue/Mill Street
. SR-259/Highland Street Ramps (2 intersections)
. SR-30/H Street Ramps (2 intersections)
. SR-30/Waterman Avenue Ramps (3 intersections)
. 1-215/Mount Vernon Avenue Ramps (2 intersections)
. 1-215/1Oth Street/Orange Street/13th Street Ramps
(3 intersections)
. 1-215/5th Street Ramps (2 intersections)
. 1-215/2nd Street Ramps (3 intersections)
In addition, LSA will consult with the City Traffic Engineer
to determine any additional intersections that the City
may require be included in the analysis. It is anticipated
that the City may require that up to an additional eight
intersections be included. Therefore, for purposes of this
scope and budget, it is assumed that traffic counts will
be conducted at up. to thirty-seven intersections. If
additional intersection counts are required, the budget
will need to be adjusted accordingly.
To expedite completion of the analyses, it would be
helpful for Agency to complete the following steps prior
to award of the contract:
. Conduct a.m. and p.m. peak hour vehicle
classification counts satisfying SAN BAG
requirements at each of the CMP intersections
identified above.
. Consult with the City Traffic Engineer and and
conduct vehicle classification counts at key
intersections that he identifies for analysis.
Task 3 - Data Collection. LSA will collect existing
intersection turn volumes at the CMP intersections and
other study area intersections, if Agency has not
already done so. Counts will be conducted on a
weekday between 7:00 and 9:00 a.m. and between 4:00
and 6:00 p.m. Because of the Thanksgiving and
Christmas holiday periods, counts cannot be conducted
between November 24 and December 3, or between
December 13 and January 6. Therefore, LSA will
conduct traffic counts at all CMP intersections identified
in Task 2 and at all intersections identified by the City
Traffic Engineer without waiting for results of the study
area determination. If the study area determination
resulting from the EVTM runs identifies additional
intersections for analysis, they will be scheduled as
soon as possible.
Task 4 - Existing Traffic Conditions. Existing weekday
a.m. and p.m. peak hour conditions and levels of ser-
vice will be assessed for the analysis intersection and
freeway segments. Levels of service will be calculated
using the Highway Capacity Manual (HCM) analysis
methodologies.
Task 5 - Opening Year (Without Project) Traffic
Conditions. Opening year without project traffic volumes
will be developed by applying an annual growth factor to
the existing traffic counts. The resulting freeway
mainline and intersection levels of service will be calcu-
lated using the previously discussed analysis meth-
odologies.
Task 6 - Opening Year Project Trip Characteristics. For
the opening year analysis, It is assumed that only
direct project impacts will be in place. Therefore, peak
hour trip generation for the direct impacts of the
proposed project (e.g., the Mercado Santa Fe project)
will be developed using rates from the Institute of
Transportation Engineers (ITE) Trip Generafion (6th
Edition). Trip distribution patterns for the proposed
project will be developed based on the relationship of
LSA Associates, Inc.
November 14, 2002
-7-
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area EIR
the project site to surrounding land uses and to freeway
access points.
Task 7 - Opening Year With Project Traffic Conditions.
Opening year volumes with the proposed project will be
developed by adding project traffic assignments to the
opening year w~hout project traffic conditions. The
resulting freeway mainline and intersection levels of ser-
vice for each scenario will be calculated using the
previously discussed methodologies.
Task 8 - Opening Year Project Impact Assessment. Opening
year without project intersection levels of service will be
compared to opening year with project levels of service to
determine potential project impacts. Determination of
the significance of project impacts will be made based on
City level of service standards and threshold of
significance criteria.
Task '1 . Year 2025 (Without Project) Traffic Conditions.
Year 2025 without project traffic volumes will be
developed from the EVTM without project model runs
requested in Task 2. The raw traffic model output will be
refined for use in the traffic analysis according to
methodologies approved by the C~. The resulting
freeway mainline and intersection levels of service will be
calculated using the previously discussed analysis meth-
odologies.
Task 10 . Year 2025 (With Project) Traffic Conditions.
Year 2025 with project traffic volumes will be developed
from the EVTM with project model runs requested in
Task 2. The raw traffic model output will be refined for
use in the traffic analysis according to methodologies
approved by the C~. The resulting freeway mainline and
intersection levels of service will be calculated using the
previously discussed analysis methodologies.
Task 11 - Year 2025 Project Impact Assessment. Year
2025 without project intersection levels of service will be
compared to year 2025 with project levels of service to
determine potential project impacts. Determination of
the significance of project impacts will be made based on
CMP level of service standards and threshold of
significance criteria.
Task 12 - Mitigation Measures. Mitigation measures will
be identified to offset significant project impacts and to
maintain minimum level of service standards. These
mitigation improvements may include intersection turn
lanes, signalization, and segment lane additions, as
appropriate. The levels of service with mitigation will be
calculated and summarized, along with a comparison of
the levels of service without mitigation.
Task 13 - Screencheck Draft Traffic Study Preparation and
Suhmittal. LSA will prepare a screencheck draft traffic
study report documenting analysis methodologies,
existing conditions, future year conditions, project
impacts, and mitigation measures (if any). The
screencheck draft traffic study will be submitted for
review by Agency.
Task 14 - Draft Traffic Study Preparation and Submittal.
Upon completion of the review of the traffic analysis by
Agency, LSA will revise the traffic analysis for submittal
to the City of San Bernardino.
Task 15 - Traffic Analysis Revisions and Final Traffic
Study. Upon completion of review of the traffic analysis
by City staff, LSA will coordinate with staff to identify
any comments on the study. LSA will then revise the
traffic analysis for submittal for final review and approval.
Task 16 - Meetings. Representatives of LSA's
Transportation Department will attend up to three
meetings related to preparation of andlor revisions to
the traffic study.
Work Products. The following products will be produced
as a result of this work effort:
. Screencheck Draft Traffic Study Report - 5 copies
. Draft Traffic Study Report - 10 copies
. Final Traffic Study Report - 10 copies
Output: Traffic Study in sufficient detail for use in the
EIR.
3.2 Sereeneheek Draft EIR
LSA will prepare appropriate environmental
documentation pursuant to current CEOA requirements
and the Agency's administrative guidelines for
implementing CEOA. Key inputs to the Program EIR
process will be generated during earlier portions of the
work program, including responses received on the
NOP. LSA will analyze the environmental
consequences of the proposed changes in
circumstances for those topics of focus identified in the
Initial Study. LSA will incorporate the technical studies
and will collect the necessary additional research
materials to establish the environmental baseline for the
proposed project. LSA will use the documentation of
existing conditions to analyze the environmental issues
related to the proposed project. This analysis will
consist primarily of the following tasks:
. Evaluation and analysis of specific characteristics of
the project as they relate to the surrounding area.
. Assessment of the short- and long-term impacts
LSA Associates, Inc.
November 14, 2002
.8-
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area EIR
(construction and operation) of the proposed project
as well as the effects of demolition of existing
structures.
. Assessment of environmental impacts which will be
created by the proposed project, addressing:
- traffic
- air quality
noise
- housing (loss of affordable unlls & potential
relocation of residents)
- historic resources
- cumulative impacts.
. Graphic depiction of environmental and planning
factors and their relation to the project.
. Identification of potential alternatives to the proposed
project, including 'no project' and comparative
analysis of project related impacts and impacts of
project alternatives.
. Fonnulation of appropriate mitigation measures.
. Analysis of residual impacts after implementation of
mitigation measures.
Additional sections of the report will include Growth
Inducing Impacts and Significant Irreversible
Environmental Changes Which Would Be Involved in the
Proposed Action. Cumulative impacts will be addressed
in a separate chapter by individual environmental topic
(topics will reflect those contained in the body of the
EIR).
These work efforts will be compiled into a Screencheck
Draft Program EIR, along with the analysis of topical
issues required by CEQA, an introduction, and project
description.
The Screencheck Draft Program EIR will be submitted to
the Agency for review and will then be modified based on
the Agency's comments. Following these modifications,
a Draft EIR will be provided to Agency staff that includes
the appropriate revisions.
Output: Screencheck Draft Program EIR for Agency
review - 1 reproducible & 5 bound copies
3.3
Draft EIR
Following review and modifications to the Screencheck
Draft Program EIR, a Draft Program EIR and Notice of
Completion (NOC) will be prepared and submitted to the
Agency for public distribution. I..SA will prepare the
NlIltice of Availability (NOA) and mail the NOA to the
persons/agencies on the Agency/City's mailing list. In
addition, LSA will distribute the EIR's by either certified
mail or overnight mail to the agencies/individuals on the
Agency/City's mailing list. LSA will also distribute 15-
copies of the Draft EIR to the State Clearinghouse
along with the NOC.
Output: Preparation and distribution of a Draft EIR,
NOA and NOC - 1 reproducible & 75 bound
copies.
3.4 Final EIR
The Final Program EIR will include the Draft Program
EIR, technical appendices, letters of comments and
responses on the Draft Program EIR,' Mitigation
Monitoring Program, Facts and Findings, and
Statement of Overriding Considerations, and the
Resolutions certitying the EIR and approving the
amendments to the redevelopment plans.
a. Response to Comments
At the close of the public review period for the Draft EIR,
LSA will meet with Agency staff to review any
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 EIA. A maximum of 80 hours of professional
staff time has been budgeted for responding to
comments. Once draft responses to comments are
completed, they will be submitted to Agency staff for
review and comment. The Agency's comments will be
incorporated into the response to comments document,
which will be submitted to the Agency for use in public
hearings.
Output: Written responses to all comments on the
Draft EIA.
b. Mitigation Monitoring Program
Prior to Planning Commission hearings on the Project
and EIR, LSA will prepare a mitigation monitoring plan
to assist the Agency in implementing the mitigation
measures contained in the EIA.
Output: Prepare a mitigation monitoring program for
inclusion in the Final EI A.
c. Screencheck Final EIR
LSA will prepare a Screencheck Final EIR that includes
the Draft EIR, Response to Comments, findings and
facts, a Statement of Overriding Considerations, and
the Mitigation Monitoring Program for City review and
comment.
LSA Associates. Inc.
November 14, 2002
- 9-
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area EIR
Output: Prepare a Screencheck Final EIR for Agency
review - 1 reproducible & 5 bound copies.
d. Administrative E1R
The Screencheck Final EI R will be revised per Agency
staff comments and complied into a Final EIR prior to
public hearings on the project and EIR.
Output: Planning and environmental findings needed for
Planning Commission and City Council actions
on the Project (50 copies of Final EIR, 1
camera ready copy, and 1 electronic copy).
Task 4: MeelinKs & Public HearinKs
4.1 Meeting. and Public Hearing.
LSA will attend up to five meetings with Agency staff in
addition to those specifically included in the preceding
scope of work. LSA will also attend up to three (2)
Environmental Review Committee meetings, one (1)
public scoping meeting, and two (2) public hearings
before the Planning Commission and Mayor and
Common Council. Hearings will include a power point
presentation or presentation boardslhand outs on the
EIR.
Output: LSA attendance and participation in meeting
with Agency staff and at project public
hearings.
Task 5: Proiect Administration
5.1 Maintain Clo.e Contact with Agency Staff
LSA will maintain continuous liaison with the Agency,
and will participate in regular meetings to monitor
progress and receive input. These meetings will also
be used as project management tools to keep staff and
City decision makers informed. Up to five (5) such
liaison meetings will be held on a per meeting basis.
Output: Ongoing coordination between consultant and
Agency staff to ensure the smooth functioning
of the Program EIR work program.
San Bernardino Economic Development Agency
Uptown and Central City North
Redevelopment Project Area EIR
Project Co.\t~ by T{/\k
Task I Project Initiation
1.1 Project Kick-Off Meeting
Reimbursables
$500
$30
Sub/otal
$530
Task 2 Seoping Meeting
2.1 Seoping Meeting
Reimbursables
$1,780
$50
Subtotal
$1,830
Task 3 Environmental Impact Report
3.1 Technical Studies
Air Quality Study
Noise Study
Historic
Traffic Study
$5,000
$5,000
$22,447"
$35,000
Sub/otal
$67,447
3.2 Sereencheck Draft EIR
Reimbursables
Printing
MaiVDistribution
$30,460
$300
$750
$450
Sub/otal
$31,960
3.3 Draft EIR
Reimbursables
Printing
Mailing/Distribution
$5,010
$100
$4,700
$700
Sub/otal
$10,510
3.4 Final EIR
Response to Comments
Mitigation Monitoring Program
Sereencheck Final EI R
Findings
Administrative Record Final EIR
$9,700
$1,695
$5,180
$4,340
$1,135
$1,000
$3,000
$200
Reimbursables
Printing
MaiVDlstribution
Sub/otal
$26,250
Task 4 Public Hearings
6.1 Environmental Review Committee
6.2 Planning Commission
6.3 Common Council
Reimbursables
$335
$860
$860
$100
Sub/otal
$2,155
Task 5 Project Administration
7.1 Maintain Close Contact
with Agency
Reimbursables
$5,000
$300
Subtotal
$5,300
I'/I()('{I\ 1/ I'll \f ,1~~.537
Note: "For the purposes of this cost estimate, it is further assumed that the detailed historical resources survey
required herein relates only to the buildings and structures on the Mercado Santa Fe project sile.
LSA Associates, Inc.
-II-
November 14, 2002
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): iI-I 11'02.., Item #
Vote: Ayes 1-)( 4~ Nays ~
Change to motion to amend original documents: /
\2.-2~
Abstain
Reso. # On Attachments:"/ Contract term: -
Note on Resolution of Attachment stored separately: ---=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY
Date Sent to Mayor: _11-1 0,-0 ~
Date of Mayor's Signature: Il-zo-oz...
Date of Clerk/CDC Signature: (IrZO-<J2-
Date Memo/Letter Sent for Signature:
1(-;)1-0:;).
Resolution # e.cc I Z CD2 - ?J'S
'I Absent 3
NnllNoid After: -
By: -
Reso. Log Updated: ,,/
Seal Impressed: --
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ~ Date Returned:
See Attached:
See Attached:
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):
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance
Dev. Services
Police Public Services
Water
Notes:
YesL No By
Yes No/ By
Yes No V By
Yes N04 By
Yes No B
EDA/
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date:
Revised 01/12/0 I
. ,
'. ..
.~ ,
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 21, 2002
TO:
Margaret Parker
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution CDC12002-35
At the Mayor and Common Council meeting of November 18, 2002, the City of San Bernardino
adopted Resolution CDC/2002-35 - Resolution authorizing the execution of an agreement for
professional services with LSA Associates, Inc., for the preparation of a program environmental
impact report (EIR) and related traffic studies for the amendment of the Central City North and
Uptown Redevelopment Project Area Plans.
Attached is one (1) agreement. Please obtain signatures in the appropriate location and return the
original agreement to the City Clerk's Office, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt ofthis memorandum.
Signed:-.~~~~J:I
.' -r-. Please sign and return
Date: 1.:2 O,Jl..
. 1