HomeMy WebLinkAbout2010-070
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RESOLUTION NO. 2010-70
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL SERVICES WITH LILBURN CORPORATION
FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
SHANDIN RANCH SPECIFIC PLAN.
WHEREAS, MICAL, LLC has submitted a proposal to develop the Shandin Ranch
Specific Plan, a plan for development of 1,050 - 1,573 dwelling units with ancillary
commercial uses, park and trail amenities and natural open space on a 532-acre project site in
the City of San Bernardino; and
WHEREAS, the City of San Bernardino Development and Environmental Review
Committee has required preparation of an Environmental Impact Report to analyze potential
impacts of the Shandin Ranch Specific Plan; and
WHEREAS, MICAL, LLC has requested that the Environmental Impact Report for the
Shandin Ranch Specific Plan be prepared by an independent consultant under the direction of
the City of San Bernardino ("City"); and
WHEREAS, City issued a Request for Proposals (RFP) for professional services to
prepare an Environmental Impact Report for the Shandin Ranch Specific Plan; and
WHEREAS, City has evaluated all proposals submitted in response to the RFP and
found the proposal submitted by Lilburn Corporation to be complete and responsive to the
requirements stated in the RFP;
2010-70
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL SERVICES WITH L1LBURN CORPORATION
FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
SHANDIN RANCH SPECIFIC PLAN.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Lilburn Corporation is competent, experienced, and qualified to perform
said services, based upon the proposal submitted to City, and upon previous environmental
consulting services performed for City. Pursuant to this determination, and upon execution of
the Agreement for Professional Services by the City Manager, the Purchasing Manager is
hereby authorized and directed to issue a Purchase Order to Lilburn Corporation in the amount
of $194,250.00 for professional services required to prepare an Environmental Impact Report
for the Shandin Ranch Specific Plan. Upon receipt by City of a deposit in the full amount of
$194,250.00 by MICAL, LLC, the City Manager is hereby authorized and directed to execute
on behalf of City an Agreement for professional services with Lilburn Corporation; a copy of
which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though
fully set forth at length.
SECTION 2. The authorization to execute the above referenced Agreement and
Purchase Order is rescinded if the Agreement is not executed within sixty (60) days following
the passage of this Resolution.
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2010-70
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL SERVICES WITH LILBURN CORPORATION
FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
SHANDIN RANCH SPECIFIC PLAN.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular
on the 19th day of April
Council Members:
MARQUEZ
DESJARDINS
BRINKER
SHORETT
KELLEY
JOHNSON
Me CAMMACK
meeting thereof, held
,2010, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
~};,~
City Clerk
The foregoing resolution is hereby approved thisdt''''''' day of April ,2010.
Approved as to
Form:
~~
"II' _____
Pa' J. Morris, Mayor
City of San Bernardino
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2010-70
EXHIBIT A
AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION
OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
SHANDIN RANCH SPECIFIC PLAN
THIS AGREEMENT is made and entered into this 19th day of April ,2010
("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city
("City"), and LILBURN CORPORATION ("Contractor").
WIT N E SSE T H:
A. WHEREAS, City proposes to have Contractor provide professional services to
prepare an Environmental Impact Report (EIR) for the Shandin Ranch Specific Plan; and
B. WHEREAS, Contractor represents and warrants that it has the specialized
expertise and experience required to prepare an EIR for the Shandin Ranch Specific Plan,
in compliance with the California Environmental Quality Act (CEQA), sections 21000-
21177 of the California Public Resources Code, and holds all necessary licenses to
practice and perform the professional services contemplated in this Agreement; and
C. WHEREAS, City and Contractor desire to contract for the performance of the
services described below and as attached, and desire to set forth their rights, duties and
liabilities concerning the performance of the services; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained in this Agreement, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scone of Work. Contractor shall provide professional services to prepare
an EIR for the Shandin Ranch Specific Plan, a 532-acre master planned development
including a General Plan Amendment and one or more subdivision maps in the City of
San Bernardino, in accordance with the Scope of Work and Cost Estimate proposed by
Contractor, attached to this Agreement as Attachment 1 and made a part of this
Agreement by reference. It is agreed that Contractor shall complete the Shandin Ranch
Specific Plan EIR in accordance with applicable State law and other requirements as
acknowledged in the attached Scope of Work.
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1.2. Professional Practices. All professional and contractual services to be
provided by Contractor and sub-contractors pursuant to this Agreement shall be provided
by personnel experienced in their respective fields and in a manner consistent with the
standards of care, diligence and skill ordinarily exercised by professional contractors in
similar fields and circumstances in accordance with sound professional practices.
Contractor also warrants that it is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect
Contractor's performance of this Agreement. Contractor further warrants that it and its
personnel and sub-contractors have no professional, personal, or other affiliation with or
connection to the owner of the Shandin Ranch Specific Plan project site or any other
person or entity connected with the development that could interfere with Contractor's
performance of its obligation to prepare the Shandin Ranch Specific Plan EIR.
1.3. W arrantv. Contractor warrants that it shall perform the services required
by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement. Contractor
shall indemnify and hold harmless City from and against all claims, demands, payments,
suits, actions, proceedings, and judgments of every nature and description including
attorneys' fees and costs, presented, brought, or recovered against City for, or on account
of any liability under any of the above-mentioned laws, which may arise out of
Contractor's performance under this Agreement.
1.4. Non-discrimination. In performing services pursuant to this Agreement,
Contractor shall not engage in, nor permit its agents to engage in, discrimination in
employment of persons because of their race, religion, color, national origin, ancestry,
age, physical handicap, medical condition, marital status, sexual gender or sexual
orientation, or on any other basis prohibited by law, except as permitted pursuant to
Section 12940 of the California Government Code. Violation of this provision may result
in the imposition of penalties referred to in California Labor Code section 1735.
1.5 Non-Exclusive Al!feement. Contractor acknowledges that City may enter
into agreements to have other contractors perform, or may have City's own employees
perform, services that are similar to the services to be performed under this Agreement.
1.6. Delel!ation and Assil!IllDent. This is a personal service contract, and the
duties to be performed by Contractor pursuant to this Agreement shall not be delegated or
assigned to any other person or entity without the prior written consent of City.
1.7. Business Relristration: Contractor shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
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1.8. Duty of Lovalty/Conflict of Interest: Contractor understands and agrees
that as the City's consultant, Contractor shall be subject to a fiduciary duty and a duty of
loyalty to the City in performing Contractor's obligations under this Agreement.
Contractor, in performing its obligations under this Agreement, is governed by
California's conflict of interest laws, Government Code section 87100 et seq., and Title 2
of the California Code of ReguIations section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1. Comoensation. Over the term of this Agreement, Contractor shall be
compensated for its services according to the Cost Estimate contained in Attachment 1,
for a total amount not to exceed $194,250.00.
2.2. Additional Services. Contractor shall not receive compensation for any
services other than the services specified in this Agreement unless City, prior to
Contractor performing the additional services, approves the services in writing. It is
specifically understood that oral requests and/or approvals of additional services or
compensation are unenforceable.
2.3. Method of Billinl!. Contractor shall submit invoices to the City Planner
for approval on a monthly basis. Each invoice shall describe in detail the services
performed, the time spent to perform said services and the amounts charged for all
services completed to the sole satisfaction of City during the period covered by the
invoice. City shall pay Contractor's invoice within forty-five (45) days from the date City
receives the invoice. Any additional services approved and performed pursuant to this
Agreement shall be designated on the invoice as "Additional Services" and the invoice
shall identify the number of the authorized change order, where applicable.
2.4. Records and Audits. Contractor shall maintain records of all services it
performs pursuant to this Agreement in accordance with generally accepted accounting
principles, and shall make the records available to the City Planner for inspection and/or
audit at mutually convenient times for a period of three (3) years following completion of
services and delivery of the Final EIR.
3.0. TIME OF PERFORMANCE
3.1. Commencement and ComDletion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. The Shandin Ranch Specific Plan EIR shall be
completed according to the Scope of Work set forth in Attachment 1 to this Agreement,
unless otherwise agreed to by City. If Contractor fails to commence work in a timely
manner or fails to pursue work diligently to completion, City may, at its option, terminate
this Agreement.
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3.2. Excusable Delavs_ Neither party shall be responsible for delays or lack of
performance resulting from acts or conditions beyond the reasonable control of the party
or parties. Such acts and conditions shall include, but not be limited to, acts of God, fire,
strikes, material shortages, compliance with laws or regulations the effect of which could
not reasonably have been foreseen, riots, and acts of war.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and shall
continue until satisfactory completion of all work contemplated in this Agreement. The
date of satisfactory completion shall be the date on which Contractor submits the final
deliverables, the Final EIR, Mitigation Monitoring/Reporting Program (MM/RP) and
Draft Findings of Fact and Statement of Overriding Considerations, as described in
Attachment 1.
4.2. Notice of Termination. City reserves and has the right and privilege to
cancel, suspend or abandon the execution of all or any part of the work contemplated in
this Agreement, with or without cause, at any time, by providing written notice to
Contractor. The termination of this Agreement shall be deemed effective upon receipt of
the notice of termination. In the event of such termination, Contractor shall immediately
stop rendering services under this Agreement unless directed otherwise by City.
4.3. Comoensation. In the event of termination, City shall pay Contractor for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated according to the percentage of work completed as of the
effective date of termination, in accordance with the fees set forth in this Agreement. In
determining the professional services actually rendered up to the effective date of
termination, consideration shall be given to both completed work and work in progress,
and to complete and incomplete work products, whether delivered to City or in the
possession of Contractor.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Contractor in its performance of this Agreement including, but not limited to,
finished or unfinished documents, data, studies, maps and reports, shall be delivered to
City within ten (10) days of delivery of termination notice to Contractor, at no cost to
City. Any use of uncompleted documents without specific written authorization from
Contractor shall be at City's sole risk and without liability or legal expense to Contractor.
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5.0. INSURANCE
5.1. Minimum Scone and Limits of Insurance. Contractor shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, and personal iJ:Uury,
with a policy limit of not less than One Million Dollars
($1,000,000.00) combined single limit, per occurrence and
aggregate.
(b) Automobile liability for owned, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00)
combined single limit, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of
California, including employer's liability covemge.
(d) Professional errors and omissions (E&O) liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00)
combined single limit, per occurrence and aggregate. Contractor
shall obtain and maintain the E&O liability insurance during the life
of this Agreement and for three years after completion of its work
under this Agreement.
5.2. Endorsements. The comprehensive general liability insurance policy and
the automobile liability policy shall contain or be endorsed to contain the following
provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are additional
insureds with respect to the subject project and contract with City."
In addition, the comprehensive general liability, automobile liability, and
workers' compensation/employer's liability policies shall contain or be endorsed to
contain the following provisions:
(b) Notice: "This policy shall not terminate, nor shall it be cancelled, nor
the covemge reduced, until thirty (30) days after written notice is
given to City."
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( c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
(d) Waiver of subrogation: "Insurer waives any right of recovery it may
have against the City of San Bernardino or its elected and appointed
boards, officers, agents, or employees under this policy because of
payments Insurer makes for injury or damage arising out of the
named insured's operations or work done for the City of San
Bernardino."
5.3. Certificates of Insurance. Contractor shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way the indemnification provision contained in Section 6.8 of this Agreement, or the
extent to which Contractor may be held personally responsible for indemnifying City
against liability for damage to persons or property, notwithstanding any insurance that
may cover such damage.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referred to in this Agreement and
supersedes any and all prior writings and oral negotiations. This Agreement may be
modified only in a writing signed by the parties in interest at the time of the modification.
The terms of this Agreement shall prevail over any inconsistent provision in any other
document relating to this Agreement, including exhibits to this Agreement.
6.2. ReDresentatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
consents, approvals, directives and agreements on behalf of City called for by this
Agreement, except as otherwise expressly provided in this Agreement. Contractor shall
designate a representative for purposes of this Agreement who shall be authorized to
issue all consents, approvals, directives and agreements on behalf of Contractor called for
by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly
with Contractor in the performance of this Agreement. Contractor shall designate a
Project Manager who shall represent it and be its agent in all consultations with City
during the term of this Agreement. Contractor's Project Manager shall attend and assist in
all coordination meetings called by City.
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6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work under it may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below.
Communications shall be deemed served or delivered: a) at the time of delivery if the
communication is sent by personal delivery; b) at the time of transmission if the
communication is sent by facsimile; and c) 48 hours after deposit in the United States
Mail as reflected by the official United States postmark if the communication is sent
through regular United States Mail.
IF TO CONTRACTOR:
Cheryl Tubbs, Vice President
Lilbum Corporation
1905 Business Center Drive
San Bernardino, CA 92408
Fax: 909-890-1809
Tel: 909-890-1818
IF TO CITY:
Terri Rahhal, City Planner
Development Services Department
300 North "D" Street
San Bernardino, CA 92418
Fax: 909-384-5080
Tel: 909-384-5057
6.5. Attornevs' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies under this Agreement
or the enforcement of any of the terms, conditions, or provisions of this Agreement. The
costs, salary and expenses of the City Attorney and members of his office in enforcing
this Agreement on behalf of City shall be considered "attorneys' fees" for the purposes of
this paragraph.
6.6_ Governinl! Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. The parties agree that the sole and exclusive venue for any
legal action to enforce or interpret this Agreement shall be a court of competent
jurisdiction located in San Bernardino County, California.
6.7. Assil!lllIlent. Contractor shall not voluntari1y or by operation of law
assign, transfer, sublet or encumber all or any part of Contractor's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
or assignment shall release Contractor from Contractor's obligation to perform all other
obligations to be performed by Contractor under this Agreement for the term of this
Agreement.
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6.8 Indemnification and Hold Harmless. Contractor shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorneys' fees,
damage to property, injury to or death of any person or persons, and all other damages of
any nature including, but not limited to, all civil claims or workers' compensation claims,
wholly or partly arising out of or in any way connected with the intentional or negligent
acts, errors or omissions of Contractor, its employees, agents or subcontractors in the
performance of this Agreement.
6.9. Indeoendent Contractor. Contractor is and shall be acting at all times as an
independent contractor and not as an employee of City. Contractor shall secure at its
expense, and be responsible for, the payment of any and all required payroll deductions
for Contractor and its officers, agents, and employees, including but not limited to
deductions for Income Tax, Social Security, State Disability Insurance Compensation,
and Unemployment Compensation. Contractor shall secure at its expense any business
licenses required for the performance of services to be performed under this Agreement.
6.10 OwnershiD of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Contractor or any of its subcontractors in the course of performance of
this Agreement shall be and remain the sole property of City. Contractor agrees that any
such documents or information shall not be made available to any individual or
organization without the prior written consent of City. Any use of such documents for
other projects not contemplated by this Agreement, and any use of incomplete
documents, shall be at the sole risk of City and without liability or legal exposure to
Contractor. City shall indemnify and hold harmless Contractor from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use
of such documents for other projects not contemplated by this Agreement or use of
incomplete documents furnished by Contractor. Contractor shall deliver to City any
findings, reports, documents, information, and data in any form, including but not limited
to, computer tapes, discs, files, audio tapes, and any other items relating to the subject
project, as requested by City or its authorized representative, at no additional cost to City.
6.11 Public Records Act Disclosure. Contractor has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs, or files furnished or prepared by Contractor or any of its subcontractors and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code section 6250 et. seq.). Documents or
information that qualify as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and which Contractor informs City are trade secrets,
may be exempt from disclosure. City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. City shall not, in any way,
be liable or responsible for the disclosure of any trade secret including, without
limitation, those records so designated if disclosure is deemed to be required by law or by
order of a court.
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6.12. Resoonsibilitv for Errors. Contractor shall be responsible for its work and
results under this Agreement. Contractor, when requested, shall furnish clarification
and/or explanation as may be required by City's representative regarding any services
rendered under this Agreement at no additional cost to City. In the event that an error or
omission attributable wholly or partly to Contractor occurs, then Contractor shall, at no
cost to City, provide all necessary professional services necessary to rectify and correct
the error or omission to the sole satisfaction of City, and shall participate in any meeting
required to carry out the correction.
6.13. Prohibited EmD1ovment. Contractor shall not employ any regular
employee of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict between
this Agreement and any of the attached Exhibits or Attachments, the terms set forth in
this Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
under this Agreement except as expressly provided in this Agreement.
6.16. No Third Party Beneficiary Ril!hts. This Agreement is entered into for the
sole benefit of City and Contractor. No other parties are intended to be direct or
incidental beneficiaries of this Agreement, and no third party shall have any right in,
under or to this Agreement.
6.17. Headinlls. Paragraph and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
or be a full or accurate description of the content of this Agreement. Headings shall not
in any way affect the meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises in construing this Agreement, this Agreement shall be construed as if
drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties to this Agreement or
their respective successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of the right to require performance or compliance. No
waiver of any provision of this Agreement shall be effective unless in writing and signed
by a duly authorized representative of the party against whom enforcement of a waiver is
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sought. The waiver of any right or remedy that accrues to a party upon the occurrence of
an event shall not be deemed a waiver of any right or remedy that accrues to that party
upon the occurrence of any other event, nor shall any waiver constitute a continuing
waiver.
6.21. Severability. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, that determination
shall not affect the validity or enforceability of the remaining terms and provisions of this
Agreement or of the unenforceable provision in any other circumstance. Notwithstanding
the foregoing, if a court or arbitrator of competent jurisdiction determines that the value
of this Agreement to any party, based upon the substantial benefit of the bargain to that
party, is materially impaired by the elimination of an unenforceable provision, then the
parties shall through good faith negotiations substitute a substantially equivalent
enforceable provision for the provision determined to be unenforceable.
6.22. Counteroarts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.23. COfDOrate Authoritv. The persons executing this Agreement warrant that
they are duly authorized to execute it on behalf of the parties and that their execution of
this Agreement formally binds the parties to its provisions.
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AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION
OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
SHANDIN RANCH SPECIFIC PLAN
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO,
A Municipal Corporation,
LILBURN CORPORATION,
A California Corporation,
By q.;t 0 ili ,
Si ture
L'k:,t-IJ. J:lb<: {'f ;f~~w(f
Nam d Title J
Approved as to form:
James F. Penman,
City Attorney
~+O>A'",!2,\ud
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ATTACHMENT 1
2.0 SCOPE OF WORK
Our methodology for preparation of the EIR for the Shandin Ranch Specific Plan, General Plan
Amendment, master Tentative Tract Map, and possible Development Agreement is described
herein. The Project Team Organization and members who will be responsible for the tasks
defined herein are shown in Section 4, on Figure I.
Our scope of work will lead to the City's adoption of a Specific Plan for the 532-acre area and a
General Plan Amendment, and certification of an E1R. Upon adoption, the Specific Plan and EIR
will guide future development within the project boundaries. Our overall approach is
summarized below. Following this summary, the tasks required are outlined in detail.
II Kick-Off Meeting and Review of Specific Plan
Conduct a project kick-off meeting and clearly define the objectives of the work to be
undertaken.
Compile all available reports and correspondence regarding proposed development
within the Specific Plan Area.
Review Specific Plan for completeness In terms of allowing for comprehensive
environmental review.
Determine whether additional data will be required and prepare a data request.
Prepare memorandum report for submittal to City regarding adequacy of documents
reviewed.
Utilize Specific Plan for refinement of Project Description to be used in EIR.
D Conduct Scoping Meeting
Meet with citizen groups and the general public to present project and alternatives and
gain community input prior to finalizing scope of the E1R.
Review and discuss responses to the NOP with City staff and finalize the scope of the EIR.
D Prepare Focused Environmental Studies
Conduct all necessary additional technical studies to support the EIR. Findings will be
incorporated into the Draft EIR and studies will be included in the Technical Appendices.
Conduct necessary outreach to tribal councils in accordance with SB 18
o Prepare and Distribute Draft EIR
Prepare an Administrative Draft EIR for review by City staff.
Prepare Draft EIR and Notice of Completion.
Distribute Draft EIR to State Clearinghouse, responsible agencies and others as directed by
the City.
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o Prepare Final EIR
Compile public comments on the Draft EIR and prepare responses.
Prepare an Administrative Final EIR containing the Draft EIR, any revisions to the Draft,
responses to public comments and the Mitigation Monitoring/Reporting Program (MMRP)
for review by City staff.
Prepare Draft Findings of Fact and Statements of Overriding Consideration for City
Attorney review.
Complete Final EIR for certification and adoption.
o Project Management
Contract Management with City and subconsu1tants.
Attend meetings on an as needed basis with the City staff and Applicant (up to 10).
Attend an public meetings, DRC meeting and hearings (up to six).
The details of each task to be undertaken, leading to completion of the Final EIR are described
herein. Although the occurrence of each task may not happen in the order presented in this Scope,
tasks will occur simultaneously and the actual flow of work and anticipated completion dates are
shown in the Project Schedule of this proposal. Currently the 30-day review process for the NOP is
underway. Upon award of contract, and after a review of the current Applicant submittals, we would
immediately begin work on technical studies and preparation of the administrative Draft EIR for
City review.
All task de1iverables will be provided to the City in formats compatible with Microsoft Word. We
propose to provide at least 15 hard copies and 100 electronic (compact disk) copies of the Draft EIR
and appendices. We will work with the City to determine the final numbers of copies of the Final
EIR.
TASK 1: PROJECT KICK.OFF/SPECIFIC PLAN REVIEW
The purpose of this task is to meet with City Staff and project representatives to confirm the
objectives and goals in proposing the Shandin Ranch Specific Plan, and incorporate any recent
changes to the project that may affect the EIR.
We win review the Specific Plan for completeness in terms of allowing for comprehensive
environmental review, determine whether additional data will be required, and prepare a
memorandum report for submittal to the City regarding adequacy of document. Our review will
focus on pertinent City ordinances and policies (Hillside Management Overlay District, fuel
modification, wind hazards, grading, trails, etc). The Specific Plan win be reviewed for
completeness based on City ordinance and State law (California Government Code 65451). The
objective of reviewing the Specific Plan text and maps will be to identify any concerns regarding
design, circulation, land uses, infrastructure, phasing, resource protection, or other substantive
issues that would be addressed in the EIR. We will prepare written comments and transmit a
memo to City staff itemizing any incomplete items in the document. Completion of an adequate
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Specific Plan will be required to developing a Project Description for use In the EIR and
providing the baseline for technical studies to begin.
Meetings:
One kick-off meeting.
Deliverables:
Summary of the kick-off meeting, data request, and memorandum report regarding
adequacy of Specific Plan.
TASK 2: CONDUCT SCOPING MEETING
Because the Shandin Ranch Specific Plan will be considered a project of areawide concern, Public
Resource Code 21083.9 requires a mandatory scoping meeting be conducted. In this task we will
coordinate and conduct a scoping meeting for members of the public. Lilburn Corporation will
coordinate setting up the meeting and leading the presentation as directed and on behalf of City
staff. Comments received at the scoping meeting will be summarized as part of the NOP comments
and incorporated into the EIR.
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Following the City's receipt of any responses to the NOP, we will prepare a summary of the
issues raised by respondents and comments received from the scoping meeting. Should any new
issues be raised, we will discuss with City staff how to incorporate them into the Administrative
Draft EIR. The Scope of the EIR may be refined after reviewing public comments received on
the NOP.
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Meetings:
Deliverables:
Attendance at one Public Scoping Meeting.
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Sign-in sheets. comment cards and summary of issues raised at the meeting. These will be
addressed in the Draft E1R along with comments received on the Nap.
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TASK 3: PREPARE FOCUSED ENVIRONMENTAL STUDIES
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All technical studies to be provided by the Li1burn Corporation team shall be prepared as described
herein as well as incorporating direction provided by the City in subsequent meetings with staff.
The studies will be incorporated into the EIR and included as technical appendices.
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Traffic Impact Analysis
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Kunzman Associates will prepare a Traffic Impact Analysis for the proposed Shandin Ranch
Specific Plan. Their inilia1 task will be to develop a Scoping Agreement. Through Lilburn
Corporation, they will coordinate with City staff to develop a mutually agreed-upon scope of
work. Work products include:
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Study Area Trip Generation Assumptions
Study Area Definition
Identification of Ambient Growth Patterns
Preparation of Draft Traffic Study Scoping Assumptions
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Interaction with City Traffic Engineer and Finalize Traffic Study
Scoping Agreement
. The traffic impact analysis will consist of preparing an objective report suitable for
submission to the reviewing agency. The report will be prepared in accordance with
accepted professional transportation engineering standards. The final illustrated report
will summarize the traffic impact analysis findings, methodology, and supportive data. It
will quantify existing traffic conditions, traffic conditions upon project completion, and
recommend mitigation measures.
. Specifically, the traffic impact analysis will consist of (I) conducting a field survey;
(2) documenting existing traffic conditions; (3) determining project traffic generation;
(4) distributing the project traffic generation to the street system; (5) determining the
project's traffic impacts; (6) analyzing site access locations; (7) examining internal
circulation including emergency vehicle access; and (8) mitigating the impacts.
Mitigation measures will include roadway sizing recommendations, intersection controls,
and special treatments such as left turn pockets and right turn lanes as might be required
by the project.
. The traffic impact analysis will include calculation of intersection delay utilizing the
Highway Capacity Manual at up to fourteen (14) intersections in the project vicinity
during the peak hours for existing conditions as well as with the proposed project. A
Draft Traffic Study Report will be completed to incorporate findings and all supporting
calculations. We will provide a final version following receipt and incorporation of City
comments.
Air Quality and Climate Change
Air Quality
Lilburn Corporation will prepare an Air Quality Assessment based on the Land Use and Circulation
plans prepared for the Specific Plan.
. Existing Air Environment. The existing air environment will be described in terms of
meteorology, local topography, affecting pollutant dispersion, and ambient air monitoring
data. A summary of current air management efforts which may be related to the proposed
project will be provided with particular emphasis on the applicable requirements for air
quality assessments identified in the South Coast Air Quality Management District's
(SCAQMD) CEQA Handbook. Sensitive receptor areas within the project vicinity will be
identified.
. Potential Impacts. The air quality impacts of the proposed Shandin Ranch Specific Plan,
General Plan Amendment, and master Tentative Tract Map project can be divided into the
short -term dust generation, local impacts, and long-term regional air pollution increases.
Short-term dust and emission generation due to construction activities will be forecasted.
Measures to reduced dust generation are required by the SCAQMD. Additionally, measures
are contained in the 2007 Air Quality Management Plan (AQMP) and these will be included
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in the list of mitigation measures. A localized significant threshold (1ST) analysis will not
be performed for this project due to its large size and lack of specificity. LST assessments
will be needed as part of the environmental analysis of specific projects in the future.
Long-term emissions will be generated due to increased traffic and combustion of natural
gas. The emissions generated by these sources will be assessed and compared to potential
regional air quality impacts.
. Mitigation Measures. In addition to SCAQMD requirements for the reduction of fugitive
dust and emissions of other criteria pollutants during construction, other measures for the
reduction in short-term emissions will also be identified. Likewise, mitigation measures for
long-term emissions associated with proposed land uses in the Land Use Plan will also be
identified. A matrix of land uses and required measures that must be implemented will be
identified.
Climate Change
This is a relatively new area of analysis for CEQA resulting from the passage of Assembly Bill 32,
the Global Warming Solutions Act of 2006, and lawsuits filed against several EIRs for failing to
address climate change impacts by the State Attorney General and other groups. There is not yet a
consensus on what types of projects should require a greenhouse gas/climate change assessment or
even what the assessment should contain in terms of analysis, significance findings and mitigation.
The following scope of work is based on the guidelines that are currently available. Lilbum
Corporation will continue to follow developments in this area and apply the current state of the art
methodologies and analysis strategies when the document is prepared.
. Existing Environment. There are currently no standards or significance thresholds
established by the SCAQMD or the California Air Resources Board (CARB) for greenhouse
gas emissions. The existing environment section will provide a thorough background on
greenhouse gas generation, the recognition that it is a global problem, and acknowledgement
of the major sources of greenhouse gas emissions. Regional emission inventories are
available for the state. Therefore, it will be possible to provide a regional context to the
emissions that are forecasted.
. Potential Impacts. Per CEQA Guidelines, project emissions must be treated as new
emissions just as all emissions from a new project are treated. Greenhouse gas emissions are
different from standard air emissions. For standard air emissions, the focus is on air quality
impacts on an air basin or even at the neighborhood level. For greenhouse gas emissions, the
perspective is global, not local, and a discussion will be presented that these emissions are
not necessarily new emissions since housing and other services are primarily population
driven.
Many gases make up the group of pollutants that are believed to contribute to global climate
change. Carbon dioxide (C02) and methane (ell;) are the major pollutants of concern for
climate change impacts. Tools are available for forecasting the major pollutant categories
associated with new projects. URBEMIS2007 will be used to calculate emissions of CO2
and ell; from vehicles, electric generation, and emissions from natural gas combustion (i.e.
water heaters and space heaters).
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. Mitigation Measures. The need for mitigation measures is an open question at this time.
Some feel that since there are no threshold criteria, there can be no impacts, and without
impacts, there is no need for mitigation. Attorney General Jerry Brown submitted a
comment letter on a large specific plan that indicates that most projects should be treated
as causing a cumulative impact and has issued a list of mitigation measures that he
recommends be considered on a project by project basis. Potential conditions of approval
that could be required to reduce project GHG emissions suggested by CARB in their
Potential Performance Standards and Measures and by the Attorney General's letter will
be reviewed for their applicability to the proposed project and applicable measures will
be presented.
Noise Assessment
Mestre Greve Associates (MGA) will prepare a Noise Assessment that includes characterizing the
existing ambient acoustic environments, a review of proposed land uses and their locations, and an
evaluation of future noise impacts on the existing environment and on future sensitive receptors in
the area.
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. Short-term noise measurements will be conducted at up to eight locations in and around the
Specific Plan area. There are several sensitive receptors in the area including the Shandin
Hill Middle School and nearby residential development, and some of the noise
measurements will be focused on determining the roadway noise at proposed residential
sites. The Federal Highway Administration (FHW A) highway noise model (FHW A
Highway Traffic Noise Prediction Model, FHW A-RD-77-108) will be used in conjunction
with the measurements to describe existing noise levels in the project vicinity. Community
noise standards relevant to this project are contained in the City of San Bernardino General
Plan and Noise Ordinance. These standards will be summarized and their relevance to the
project discussed.
. The potential noise impacts can be divided into short-term construction noise, impacts on
surrounding land uses, and on-site noise/land use compatibility. Noise levels generated by
construction activities will be estimated at nearby sensitive receptors as development in the
Specific Plan area occurs. The application of the City of San Bernardino Noise Ordinance to
control construction noise will be discussed.
. The noise impacts associated with the project's traffic on adjacent land uses will be assessed
in terms of the Community Noise Equivalent Level (CNEL) noise scale. The increase in
noise levels due to the project will be determined. Traffic noise level changes relative to the
no project alternative will be represented assuming the traffic data required to calculate these
values is provided. Areas that will experience a significant noise increase will be identified.
For the project scenario, the absolute noise levels experienced in these areas will then be
determined, and the resulting land use/noise compatibility discussed.
. Mitigation strategies will be identified for the control of noise levels within the Specific Plan
area. Measures will be developed as necessary to mitigate off-site noise impacts.
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Biological Resources
In April 2006, Michael Brandman Associates prepared a Biological Resources Assessment for the a
250-acre portion of the 532-acre project site. The analysis at that time examined the applicant's
project and did not include the City-owned property. Lilburn Corporation staff biologist/regulatory
specialist Juan Hernandez will prepare a Biological Resources Assessment and review the entire
Specific Plan area as follows.
. Conduct a literature review of pertinent databases including the California Natural Diversity
Database (CNDDB), and the California Native Plant Society Database to identify species
known to occur within the Specific Plan area. Species likely to inhabit the Specific Plan area
include the coast horned lizard, southern California rufous-crowned sparrow, Bell's sage
sparrow, loggerhead shrike, northwestern San Diego pocket mouse, San Diego desert
woodrat, and San Diego black-tailed jackrabbit. The project site is also within the known
rage of the coastal California gnatcatcher (CAGN, and there is a potential or nesting birds
throughout the Specific Plan area.
. Conduct a field visit in selected areas of the Specific Plan area, to characterize existing
conditions and to document geographic conditions that are conducive to species presence
within the portions of the Specific Plan area that the master Tentative Tract Map has
identified as to be developed. This effort will not include any focused protocol surveys.
. Prepare a habitat map of the Specific Plan area that will be overlaid on the Land Use map
and areas where there is overlap will be identified. It is these areas that will be the focus of
the habitat assessment.
. Conduct a review of aerial photography and topographic maps and conduct a field visit to
identify surface features within the Specific Plan area that may qualify as Waters of the
United States and/or Waters of the State; conduct jurisdictional delineation.
. Prepare a map identifying any areas that may be classified as Waters, and overlay this on the
Land Use map. Areas where there is overlap will be identified.
. A Biological Resources Report will be prepared that summarizes our findings and
recommends any necessary mitigation or resource agency permitting.
Cultural and Paleontological Resources
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The City of San Bernardino identifies the project area as being within an area of archaeological
sensilivity. The Michael Brandman Associates report of 2006 included a summary of a survey
that addressed only part of the project site (some parcels not addressed and others likely
surveyed on a reconnaissance level), not a comprehensive and intensive survey level, as required
for CEQA compliance.
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According to the July 2006 Phase I Cultural Resources Assessment prepared by Michael
Brandman Associates for the projecl site, a letter was submitted by the Native American
Heritage Commission (NAHC) in an effort to determine whether any sacred sites were listed on
the project site. Although the records search failed to indicate the presence of Native American
resources, the NAHC provide a list containing five organizations that may have additional
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information regarding the project sileo A total of five neighboring tribes were contacted regarding
the project.
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. Since the project scope has changed and incorporates an additional 248 acres, a new letter
shall be submitted to the NAHC to determine if any sacred sites occur within the
expanded project area. Letters will be mailed to each contact recommended by the
Commission soliciting any knowledge of heritage resources.
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. Following initiation of the SB18 compliance work for the City, McKenna et al.
(McKenna) will complete a scope of work to include a review of the MBA 2006 report,
an updated records search, and a refinement of those areas still requiring an intensive
survey. Details for completing this task are provided below:
. A literature study to determine the existence of previously recorded cultural resources
within the project boundaries plus a one-mile radius is required. Records pertaining to
paleontology will be searched at the Department of Earth Sciences, San Bernardino
Counly Museum. Supplemental research on geological mapping, formations, previous
paleontological studies and online paleontological databases will also be conducted.
. Records pertaining to archaeology and history will be searched at the Eastern Information
Center (UC Riverside). Supplemental research will include searching for relevant
information at libraries (local, Bancroft, Huntington), in Sanborn Fire Insurance Maps, in
historic topographic maps and aerials and consulting with local historical societies, City
of San Bernardino's Community Development Department and other sources.
. A record search for traditional cultural properties will be requested from the Native
American Heritage Commission.
. The technical study will synthesize all results, state significance criteria, evaluate
sensitivity of all portions of the plan area, and recommend appropriate mitigation for
different levels of sensitivity.
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Geology and Geologic Hazards
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C.H.J. Incorporated shall prepare an update to the existing geologic investigation report. The
scope of services includes:
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. An initial visit to the site to observe site geology, topography and existing improvements.
. Initially the applicant-provided soils and geology reports will be reviewed with respect to
current standards for such reports, including those required by code and the City of San
Bernardino.
. The applicant's data will be supplemented as necessary with CHI's own research,
including published maps and reports, aerial photograph review and reports in our files
from the area.
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. In conjunction with this effort, the applicant's project grading and development plans will
be reviewed.
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An update report will then be prepared. The update will include the items needed to update the
report to current standards as discussed above.
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Visual Impact Assessment (VIA)
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Because the site is visible from certain locations along 1-215, 1-210, and Kendall Drive, the Caltrans
guidelines for a Visual Impact Assessment (VIA) will be used by Lilburn Corporation to conduct a
preliminary visual resources assessment and determine the extent of analysis required.
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. The Caltrans guidelines are based on answering a series of questions with a ranking system.
The total score will indicate the general level of Visual Impact Assessment that would be
required by Caltrans. Once the level of recommended assessment is identified, results are
compared to each of the ten-question areas to confirm that the level of document appears
sufficient and reasonable in each case.
. The resulting product may be a memo form report or a formal visual scoping study that
meets or exceeds federal requirements and that would identify potential higWy adverse
impacts and consider the need to develop new project alternatives to avoid those impacts.
. Lilburn Corporation has assumed, for purposes of this proposal, that a formal study will
be required because of highway views and surrounding residential uses. We also assume
that our baseline data will be provided by the Applicant and we will not be required to
prepare terrain modeled visual simulations to support the visual impact analysis.
. Lilburn Corporation will prepare a Visual Resources Assessment for the Specific Plan
buildout to include impacts to nearby properties, scenic highways and vistas. The
assessment will include a discussion of existing visual resources and an evaluation of the
proposed project within the existing environs. The assessment can be based on one of two
systems: I) the County of San Bernardino's Scenic Resources Element, Determination of
Scenic Value; or 2) the Bureau of Land Management's Visual Resource Management
System. Photographs will be taken from various viewpoints around the site with site
selection determined by lhe City. From those viewpoints, the Applicant will provide
simulations of the site; alternatively, we could provide the simulations as an additional
task.
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. Viewpoints selected for presentation in the Visual Resources Assessment will be used as the
hase on which to photographically simulate the proposed project onto the landscape (this
work would he provided by the Applicant, or alternatively could be completed by Li1burn
Corporation but is not included in this Scope of Work cost estimate). The simulations will
be lIsed to evaluate the effects on the project on travelers, as well as on the any nearby
properties that will be able to view residences and other structures to be built on the site.
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Deliverahles: Up to 6 (six) hard copies and an electronic copy of each study or report prepared in Task 4.
For each study, we will incorporate comments and provide a second version.
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TASK 4: PREPARE ADMINISTRATIVE DRAFT EIR
We will compile a document that meets the needs of the project and is compliant with CEQA. The
Draft EIR format to be used will be determined by the City. In addition to the environmental issue
analyses described above, the Draft EIR will include an Executive Summary (if requested by the
City), Introduction, Project Description, Summary of Issues and Mitigation Measures, a
discussion of Alternatives to the Project, Cumulative Impacts, and "Other Required CEQA
Sections". Each of the previously described studies will be incorporated into the EIR and included
as technical appendices.
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Up to ten copies of the Administrative document will be delivered to the City for review. We
anticipate two rounds of review by City Staff prior to completion of lhe Draft EIR for public review
(five copies in each round).
Following completion of the review of the Administrative Draft EIR, we will meet to review and
discuss all comments, and agree on the approach to revising the document. We will provide a
revised Administrative document with the City's first round of comments. This will ensure that the
Draft EIR responds effectively and adequately to concerns expressed by staff. The revised
document will be reviewed by staff and we will meet to discuss the second round of comments and
any necessary revisions.
Meetings: Two meetings with City Staff as needed to discuss project analysis and necessary
document revisions.
Deliverables: Up to ten (10) hnrd copies and ten (10) CDs of the Administrative Draft EIR for internal
review. This assumes two (2) rOllnds of comments/revisions.
TASK 5: PREPARE PUBLIC DRAFT EIR, NOA, AND NOC
Finalize Draft EIR and Reproduce
The Draft EIR will be completed and reproduced for public review. Upon final review of the
document by City staff, we will reproduce the document for the City to begin the 45-day public
review period. We will distribute the document to the State Clearinghouse and responsible agencies
and provide other copies as requested to the City for their use in public distribution.
Prepare Notice of Availability, Notice of Completion and Circulate Draft EIR
In conjunction with assembly of the Draft EIR, we will prepare the Notice of Availability (NOA)
and Notice of Completion (NOC) to accompany the Draft EIR. The City will also receive originals
of the documents and an electronic copy for the website. A NOA will accompany each document
that explains the intent of the review period, the process for submitting comments, and the start/end
dates of the public period. We will also prepare the Notice of Completion that accompanies the
15 copies to the State Clearinghouse.
Meetings:
No meetings are associated with this task.
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Deliverables: Up to 115 copies (15 paper and I()() CDs) of the Draft EIR will be printed. One unbound
original of the DEIR will also be delivered to the City. An electronic version will be
provided for posting on the City's website. The City will be responsible .lor the NOA and
legal notices to the newspaper.
TASK 6: REVIEW PUBLIC COMMENTS AND PREPARE RESPONSES
Following receipt of all comment letters, e-mails, and any testimony (should the City choose to hold
a public hearing during the public review period) received on the Draft EIR, Lilburn Corporation
will meet with the City staff to discuss the approach that will be undertaken to respond to comments
and to prcpare a Final ErR. All comments will be indexed, numbered, and appropriate responses
will be developed. Our cost proposal is based on receiving no more than 10 different comment
letters and minimal changes to the EIR.
The Response to Commenls Chapter will contain each comment letter or e-mail indicating the index
and reference number of the comment and a specific response to each comment will be prepared.
The Response to Comments Chapter will be provided for City staff review prior to final document
preparation.
If any comments warrant the development of additional data or technical analysis, direction will be
given by the City as to how it wishes Lilbum Corporation to proceed.
Meetings: Up to two (2) meetings with City staff to discuss comments and responses.
Deliverables: Up to six (6) copies of the Response to Comments Chapter will be submitted to City stafffor
review and discussion.
TASK 7: PREPARE FINAL EIR, MITIGATION MONITORING PROGRAM, AND
FINDINGS
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Upon completion of the environmental analysis, review of the Draft EIR, and development of the
responses to comments, we will prepare a Mitigation Monitoring/Reporting Program (MMRP) to
include any mitigation measures identified in the Draft EIR.
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The MMRP will be prepared in the City's preferred format and will contain at a minimum:
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IJ Description of impact to be mitigated.
IJ Mitigation measure.
IJ Action to be taken to verify fulfillment of the measure.
IJ Identity of the agency and/or department responsible for implementing the action.
IJ Presentation of one mitigation measure per page of the MMRP.
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The Final EIR will consist of the Draft EIR, any revisions to the Draft EIR resulting from comments
received, the MMRP and an additional chapter containing a compilation of all comments received,
and responses to each comment on the Draft EIR.
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Review Staff Comments/Finalize Final EIR
Upon completion of an Administrative Final EIR we will submit up to five copies to City staff for
revIew.
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Prepare Draft Findings of Fact and Statements of Overriding Consideration
In conjunction with the preparation of the Final ErR, Lilburn Corporation will prepare a draft
Findings of Fact and Statement of Overriding Considerations as necessary, for review and
completion by the City Attorney.
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Compile Final EIR
Following receipt of City staffs comments on the Administrative Final EIR, we will prepare a final
document. At the City's request, we will prepare electronic copies as needed (up to 15 hard copies
and 50 eO's) of the final EIR.
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Meeting,,: 7>\'0 meetings H'ith Staff to review comments and responses and Final EIR, ineluding
Findings.
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Deliverables: Up to ten (10) copies ola Administrative Final EIR will be submittedfor City staff review
(amicipate two rounds). Sixty-five copies of the Final EIR will be reproduced (15 hard
copies and 50 CDs). In addition, one unbound reproducible master, and an electronic
version of the document will be delivered.
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TASK 8: PROJECT MANAGEMENT
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Management of the Shandin Ranch Specific Plan EIR will include on-going coordination with City
staff, management of subconsultants and preparation of memos, meeting minutes and schedule
updates. This task also includes meeting preparation and attendance. In order to maximize our
cfforts to conduct the planning and environmental evaluation and keep the EIR on the fast track, we
will attend meetings with City staff on a monthly basis and as needed, at milestone intervals.
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Throughout the preparation of the EIR, coordination with City staff will be regularly initiated to
discuss results of analyses, resolve scope of work conflicts, obtain additional information as
necessary, resolve any contract administration issues, and provide schedule updates.
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Meetings with Staff are identified throughout this Scope of" Work. Project Management
includes these meetings as well as ap to six (6) public meetings, including the Public
Scoping Meeting and one additional Public Workshop. two Planning Commission meetings
and two City Council meetings..
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Deliverahles: Momhly status reports on the progress of the technical studies and Program EIR.
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2010-70
EXHffiIT 2
SHANDIN RANCH SPECIFIC PLAN EIR
RFP RESPONDERS AND COSTS OF PROPOSED SERVICES
1. Lilburn Corporation
$194,250.00
2. LSA Associates, Inc.
$268,503.00
3. RBF Consulting
$422,216.00
2010-70
EXHIBIT 3
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REQUESTFORPROPOSALS(RF~
FOR CONSULTANT SERVICES TO PREP ARE AN
ENVIRONMENTAL IMPACT REPORT FOR THE
SHANDlN RANCH SPECIFIC PLAN
SEPTEMBER 2009
1. INTRODUCTION
The City of San Bernardino requests proposals from consultants to prepare an
Environmental Impact Report (EIR) pursuant to the requirements of the California
Environmental Quality Act (CEQA) for the Shandin Ranch Specific Plan. The selected
consultant would prepare the EIR under contract to the City.
2. PROJECT INFORMATION
The Shandin Ranch Specific Plan is a plan for development of 285 single-family homes
and 765 multi-family units for a total of 1,050 dwelling units in nine residential planning
areas, on approximately 350 acres of a 532-acre site. The site is located generally north of
1-210, east ofI-215 and south of Kendall Drive, on both sides of Little Mountain Drive in
the City of San Bernardino, California.
Potential density bonuses for senior housing could occur within any of the residential
planning areas, resulting in a potential maximum of 1,573 dwelling units on the site. The
Shandin Ranch Specific Plan also provides for rnixed use (commercial with multi-family)
on approximately 13 acres, 11 acres of park land, 180-acres of natural open space, and an
approximately 35-acre fuel modification zone.
Contained within the approximately 532-acre project site are three (3) parcels of City-
owned land and one (I) parcel of San Bernardino Unified School Districl land totali'lg
approximately 220 acres. Of this area, approximately 38 acres is proposed to be part of
the development plan. The remaining area would be utilized for open space,
landscape/fuel modification buffers, constructed slope areas, or may be separated from
the project site.
The Shandin Ranch Specific Plan will have concurrent applications for a General Plan
Amendment, master Tentative Tract Map, and possibly a development agreement that
will comprise the project for evaluation in the EIR. An Initial Study (IS), including a
detailed project description has been prepared by Lilburn Corporation and has been
circulated for public review with a Notice of Preparation (NOP). The ISINOP is posted
on the City web site: w\\'w.sncifv.org (Planning Division).
2010-70
RFP to Prepare Shandin Ranch EIR
September 2009
Page20f4
3. SCOPE OF SERVICES
The City requires consultant services to prepare a Draft and Final EIR, which may
require additional technical studies, as noted in the Initial Study. The following are the
major tasks anticipated by the City:
o Review project plans, background documents and available technical studies.
o Perform field work as needed to describe the existing conditions of the site and to
perform the full scope of impact analysis identified in the Initial Study.
o Manage and coordinate the work of sub-contractors, as needed.
o Conduct a public scoping meeting.
o Prepare letters for SB 18 outreach.
o Attend meetings with the City staff and the applicant as needed to understand the
project plans and discuss alternatives for analysis.
o Prepare and distribute the Draft EIR to the State Clearinghouse, responsible agencies
and City staff and others as directed by the City.
o Prepare a Mitigation MonitoringlReporting Program MM/RP
o Prepare responses to comments and the Final EIR (transmit FEIR to commentors).
o Prepare Facts, Findings and a Statement of Overriding Considerations, as needed.
o Attend DevelopmentlEnvironmental Review Committee, Planning Commission and
Council meetings. (A minimum offour are anticipated.)
o Perform all services on behalf of and under the direction of the City, to perform an
objective environmental analysis of the project.
4. DELIVERABLES
A. Sign-in sheets, comment cards and presentation for the public scoping meeting.
B. 5 hard copies of an administrative (screencheck) DEIR with appendices.
C. IS hard copies and up to 100 cd copies of the DEIR and appendices.
D. FEIR copies as needed, primarily cd's.
E. Statement of Facts, Findings and Overriding Considerations.
5. PROPOSAL REQUIREMENTS
The proposal shall consist of the following:
A. Name, address, telephone, e-mail address, and FAX numbers of the responder,
including designation of a senior-level project manager.
B. A statement of understanding of the Shandin Hills Specific Plan proposal and the
scope of work requested by the City.
2010-70
RFP to Prepare Shandin Ranch EIR
September 2009
Page30f4
C. Summary information about the responder's experience with similar projects,
particularly project sites with similar topography and similar land use plans.
D. A list of public agency references for the responder's EIR preparation services,
with contact information.
E. Resumes or qualifications of the individuals proposed to prepare the EIR.
F. Statements of Qualifications (SOQ's) of any proposed subcontractors.
G. A project schedule, beginning with a kickoff meeting to receive a detailed project
description in the Draft Shandin Ranch Specific Plan and to verity the scope of
work to be presented in the public scoping meeting.
H. A cost proposal, itemized to illustrate assumptions regarding the level of effort
required to complete tasks, including the number of meetings anticipated and the
information and materials anticipated to be provided by the applicant or the City.
The cost proposal should include contingency costs for time and materials, as may
be needed for unanticip..ted meetings, preparation of graphic exhibits or other
tasks not anticipated in the proposed scope of work that may be required.
I. A statement of availability, indicating when the responder would be available to
begin work and veritying available hours and schedule flexibility required to
perform the duties described in Section 3.0.
J. A statement indicating willingness and ability to meet the City's insurance,
indemnification and other requirements outlined in the enclosed standard
agreement for professional services, or a specific request for exceptions.
K. A statement that the consultant (and any sub-contractors) does not have a conflict
with the project proponents or any of their consultants/contractors.
6. SUBMITTAL DEADLINE
Submit proposals by 5:00 p.m., Wednesday, September 30, 2009
to: City of San Bernardino
Development Services/Planning Division
AnN: Terri Rahhal, City Planner
300 N. "D" Street, 3'd floor
San Bernardino, CA 92418
7. SELECTION PROCESS
City staff will review all proposals, make a preliminary selection of the most qualified
consultant that can perform the requested services in a timely manner, and will forward a
2010-70
RFP to Prepare Shandin Ranch EIR
September 2009
Page 4 of4
recommendation to the Mayor and Common Council to approve a professional service
agreement. Staff may not interview responders, but may contact responders for additional
information, or clarification of the proposals. Upon identification of the consultant to be
recommended, staff will prepare a draft Agreement for Services to present to the Mayor
and Common Council for approval. All responders will be informed of the preliminary
selection and the scheduling of the proposed Agreement for review by the Mayor and
Common Council. The project proponent will be consulted on the preliminary selection,
and the City has a policy of preference for local consultants.
8. CITY RESPONSIBILITIES
The City Planning Division will be responsible for administration of the planning proce&s
for review of the Shandin Ranch Specific Plan and the environmental documents. The
City will do the following:
· Prepare, advertise and mail all public hearing notices.
· Place newspaper ads regarding the scoping meeting and the NOC/NOA, and Planning
Commission and Mayor and Common Council public hearings.
· Post DEIR and FEIR documents on the City web page.
· Distribute the DEIR and FEIR for review by staff, the DIERC, the Planning
Commission and the Mayor and Common Council.
· Post public review copies of documents at the City Planning counter & public library.
9. GENERAL PROVISIONS
This Request for Proposals does not commit the City to award a contract or to pay any
costs incurred in the preparation of a proposal in response to this request. This RFP is not
a contract or commitment of any kind. All proposals in response to this RFP will become
the property of the City and may be used by the City in any way the City deems
appropriate. The City reserves the right to accept or reject, in part or in its entirety, the
proposal if such action is deemed to be in the best interest of the City.
to. ADDITIONAL INFORMATION
The City General Plan and Development Code and the General Plan EIR are available for
review at the Development Services public counter, and are also posted on-line at:
www.sbcitv.org. Follow the link to the Planning Division.
Enclosure:
Standard City of San Bernardino Agreement for Professional Services