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HomeMy WebLinkAbout34-Planning & Building CITY OF SAN BERN~""DINO - REQUEST FL A COUNCIL ACTION From: AL BOUGHEY, DIRECTOR PLANNING AND BUILDING SERVICES Subject: AGREEMENTS FOR SERVICES CAROUSEL MALL/INLAND CENTER MALL ENVIRONMENTAL IMPACT REPORTS MAYOR AND COMMON COUNCIL AUGUST 15. 1qq4 Dept: Date: JULY 28, 1994 Synopsis of Previous Council action: NONE Recommended motion: That the Mayor and Common Council adopt the resolution authorizing the execution of an Agreement for Services with EDAW. Inc. for the preparation of an EIR for the Carousel "Mall Expansion project. AND That the Mayor and Common Council adopt the resolution authorizing the execution of an Agreement for Services with EDAW, Inc. for the preparation of an ErR for the Inland Center Mall. ~i;jiJ(}/ b1 Al Boughey, Dire~~ture Contact parlon: A 1 Rnllghpy Phone: <;~<;7 Supportlnlldat8att8ched: Staff Reoort: Resolution " W8rd: 1 and 3 FUNDING REQUIREMENTS: Amount: 0 Source: (ACCT. NO.) 772-171-24505 (ACCT. DESCRIPTION) FInance: :ouncll Notes: s.on2 Agenda Item No. 3L./ a rJ-h CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: AGREEMENTS FOR SERVICES NO. 94-4 AND 94-5, CAROUSEL MALL AND INLAND CENTER MALL ENVIRONMENTAL IMPACT REPORTS MAYOR AND COMMON COUNCIL MEETING AUGUST 15, 1994 REOUEST AND LOCATION Carousel Mall and Inland Center Mall are currently processing Development Agreement applications (DA 94-01 and DA 91-01 respectively). As a result of the potentially significant environmental impacts associated with each project, the California Environmental Quality Act (CEQA), requires that an Environmental Impact Report be prepared for each application as environmental clearance. Carousel Mall, bounded by 4th Street, 2nd Street, "E" Street and "G" Street, is requesting approval of a Development Agreement to govern the proposed expansion. Specifically, the applicant is proposing to add an additional 343,852 square feet to the mall consisting of 321 ,052 square feet of additional retail space, 22,800 square feet of additional common area and additional parking structures totaling 2,176 new spaces. Approximately 267,065 square feet of remodeling would occur as well as a realignment and extension of "G" Street to connect with "H" Street. Inland Center Mall, located at the intersection of Inland Center Drive and the 1-215 Freeway, is requesting approval of a Development Agreement to govern the proposed expansion. Specifically, the applicant is proposing to add an additional 776,465 gross square feet to the existing 985,883 square feet and 3,020 parking spaces to the existing 4,400 spaces. As proposed, the project will involve the construction of up to three (3) new major department stores and a second floor of retail built in four (4) phases. BACKGROUND " Both Carousel Mall and Inland Center Mall have submitted Development Agreement applications. Inland Center Mall's application was submitted in 1991 and processed through the Mayor and Common Council with a proposed Mitigated Negative Declaration as environmental clearance. The Mayor and Common Council then directed staff and the applicant to prepare an Environmen!al Impact Report. This effort is the product of that direction. The Environmental Review Committee reviewed the Initial Study for Carousel Mall and determined that an Environmental Impact Report would be required for their proposed expansion. Carousel Mall/Inland Center Mall EIR Agreements for Services August 15, 1994 Page 2 As a result of the complexities associated with processing these applications concurrently and their potential effects upon each other, the Department of Planning and Building Services and the Economic Development Agency secured the services of Mr. Chuck Bell, an environmental consultant, to oversee the projects as an extension of staff. CONSULTANT SELECTION PROCESS Since April 1994, Planning and Building Services has been in the process of soliciting prospective consultants to prepare two separate Environmental Impact Reports for the Carousel and Inland Center Mall expansions. A review/selection committee was established comprised of Mr. Bell and representatives from the Departments of Planning and Building Services and Public Works as well as the Economic Development Agency. Interviews were conducted on June 1, 1994, after the panel selected the top five (5) candidates. EDA W was the consensus choice of every member of the review/selection committee. It is Planning and Building Services' belief that they can fairly and professionally prepare and defend the EIR's. The selection criteria were numerous with emphasis on the following: o Overall quality of proposal o Overall understanding of the issues (e.g. socio/economic, traffic, etc.) o Ability to represent the project well to the Planning Commission and Common Council o Project management o Oral presentation and subsequent interview responses o Focus on legal defensibility o Experience with projects of a similar scope and scale o Cost o Local Preference FUNDING , The costs of preparing the Environmental Impact Reports will be borne solely by the applicants (Carousel Mall and Inland Center Mall). The applicants will sign the agreements and provide funding upon ratification of the agreements by the Mayor and Common Council. The costs of staff's time will also be borne by the applicants subject to the direct cost recovery procedure associated with Development Agreement applications. The costs of Mr. Bell's time are being borne by the applicant and the Economic Development Agency pursuant to separate agreements. Carousel MaIllInland Center Mall Em Agreements for Services August IS, 1994 Page 3 SCOPE OF WORK The proposed Scopes of Work for both Environmental Impact Reports have been included as attachments to this staff report. The scopes provide definable tasks for preparation of the documents including data collection, preparation of Draft and Final EIR's, findings and facts, and statements of overriding considerations as well as attendance at meetings and hearings. MINORITY AND WOMEN BUSINESS ENTERPRISES GOALS The proposal complies with the City's goals as established in Resolution No. 93-411, in that the subconsultant are comprised ofat least 15% minority owned and 5% women owned businesses. WCAL PREFERENCE Of the 12 proposals received by staff, only one firm had an office in San Bernardino. This firm was teamed with another firm under whose name the proposal was written. Of the five (5) firms interviewed, two (2) had offices in Riverside. This was one of the rating factors used in ranking the proposals; however, it was not the major consideration. The review committee believed that the firm selected for the contract, EDA W, was best able to prepare the documents and fulfill the City's needs and requirements. MAYOR AND COMMON COUNCIL OPTIONS The Mayor and Common Council may: 1. Approved the Agreements for Services in the amount of: (1) $125,653.W for Carousel Mall; and (2) $119,107.00 for Inland Center Mall " RECOMMENDA nON Staff recommends that the Mayor and Common Council adopt the resolutions approving the Agreements for Services, for the preparation of Environmental Impact Reports for the Carousel Mall and Inland Center Mall expansions. Carousel Mall/Inland Center MalI EIR Agreements for Services August IS, 1994 Page 4 Prepared by: Conal McNamara, Assistant Planner for Al Boughey, AICP, Director Planning and Building Services Exhibits 1. Resolution authorizing Agreement for Services No. 94-4 for Carousel Mall. 2. Resolution authorizing Agreement for Services No. 94-5 for Inland Center Mall. " - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH EDAW, INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED CAROUSEL MALL EXPANSION PROJECT BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. EDAW, Inc., through a fair and impartial selection process, was chosen to prepare an Environmental Impact Report to analyze potential environmental impacts of the proposed expansion at the Carousel Mall. An Agreement for Services is therefore awarded to said firm for the total amount of $125,653 pursuant to the terms and conditions stated in the attached Agreement for Services being fully executed by all parties. The Mayor is hereby authorized and directed to execute said Agreement for Services on behalf of the City; a copy of the agreement is on file in the office of the city Clerk and incorporated herein by reference. SECTION 2. This Agreement for Services and any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications, or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is hereby rescinded if the parties to the Agreement for Services fail to execute it within ninety (90) days of the passage of this resolution. , , i ( , I~ 343 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY 01' SAN BBRNARDINO AND BDAW, INC. 9. DeparhnPut SUDoort The Planning and Building Services Department shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to the services to be provided hereunder which are reasonably available to the Department. 10. Independent Contractor Consultant shall perform the services as contained herein as an independent contractor and shall not be considered an employee of the City. This Agreement is by and between Consultant and the City, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the City and Consultant. 11. Conflict of Interest Consultant agrees for the term of this Agreement not to enter into any agreement that will inure to the detriment of the City of San Bernardino. 12. Successor and Assilmment The services as contained herein are to be rendered by Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of the City. 13. Indemnification Consultant shall indemnify, defend and hold harmless, the City, its agents, officers and employees, from and against any losses, liabilities, expenses, and costs, including, without limitation, attorney's fees and costs, caused by the Consultant's negligent performance of services under this agreement. As respects to its operations under this Agreement other than the performance of professional services, the Consultant agrees to indemnify, defend, and hold harmless the City and their agents, officers and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damages arising from or connected with Consultant's operations. 3 AGREBMENT POR PROPBSSIONAL SBRVICBS BBTWEBN THB CITY OP SAN BBRNARDINO AND BDA., INC. 14. Tmmrance Consultant shall maintain during the entire term of this agreement Workers Compensation and General Liability Insurance and other insurance coverages as listed in Attachment D to this agreement. Certificates of Insurance showing these coverages shall be provided to the Director of the Planning and Building Services Department prior to commencement of work under the agreement. 15. Comnliance with Laws The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. 16. Non-Discrimination In the fulfillment of the program established under this Agreement, either as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other terms of compensation, selection for training, including apprenticeship or participation in the program or the receiving of any benefits under the program, Consultant agrees not to discriminate nor to allow any subcontractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap. 17. Severability In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 18. Intelllretation No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agr=ment is to be construed as if it were drafted by both parties hereto. 19. Entire A2reement This Agreement with Attachments A, B, C and D constitutes the entire understanding and agreement of the parties. 4 AGREBMBHT POR PROPBSSIONAL SBRVICBS BBTWEBN THE CITY OP SAN BBRNARDINO AND BDAW, INC. 20. Waiver No breach of any provision can be waived unless in writing. Waiver of anyone breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 21. Contract Evaluation and Review The ongoing assessment and monitoring of this Agreement is the responsibility of the Director of Planning and Building Services or designee. 22. Tennination The City or Consultant may terminate this Agreement for any reason at any time by mailing by certified mail 30 days prior written notice of termination to the other party. In this event, the Consultant shall be paid the reasonable value of services rendered to the date of termination. In the event of any such termination, Consultant shall provide to City, without charge, all documents, notes, maps, reports and data accumu1ated to the date of such termination. Consultant further covenants to give its good-faith cooperation in the transfer of the work to the City or to any other consultant designated by City following such termination, and to attend and participate in any meetings at no cost to City as shall be deemed necessary by the Director of Planning and Building Services to effectively accomplish such transfer. ' 23. Notice Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows: To Consultant: Mr. Fred Talarico EDAW, Inc. 1920 Main Street, Suite 450 Irvine, California 92714 To City: Director of Planning & Building Services City of San Bernardino 300 North "0" Street, Third Floor San Bernardino, California 92418 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 5 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH EDAW, INC. 3 FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED CAROUSEL MALL EXPANSION PROJECT 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. EDAW, Inc., through a fair and impartial selection An Agreement for Services is therefore awarded accordingly to said firm for the total amount of $125,653 but such award shall be effective only upon the Agreement for Services being fully executed by all parties. The Mayor is hereby authorized and directed to execute said Agreement for Services on behalf of the City; a copy of the agreement is on file in the office of the City Clerk and incorporated herein by reference. SECTION 2. This Agreement for Services and any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreeJllents, amendments, modifications, or waivers are intended - . \ or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is hereby rescinded if the parties to the Agreement for Services fail to execute it within ninety (90) days of the passage of this resolution. .~ '. '. :3 J.j fi./ \' '. '.... ,'.... \ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESO: AWARDING AGREEMENT FOR SERVICES TO EDAW, INC. FOR PREPARATION OF THE CAROUSEL HALL ENVIRONMENTAL IMPACT REPORT I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a day of meeting thereof, held on the , 1994, by the following vote, to-wit: Council Members: ~ NAYS ABSTAIN ABSENT NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this , 1994. day of " Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City' Attorney By: AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. 94-4 THIS AGREEMENT made and entered into this _ day of August, 1994, by and between the CITY OF SAN BERNARDINO and EDAW, Inc. ("Consultant"). RECITAL 1. Purnose The purpose of this Agreement is to allow the City to procure the services of an experienced professional firm to provide environmental consulting services for the Carousel Mall Project. The City will delegate the responsibility to administer this contract to the Director of the Planning and Building Services Department (Department). 2. Mission The City hereby retains Consultant in the capacity as Consultant for provision of services described in Attachments A, B, C and D. Consultant hereby accepts such responsibility as described herein. However, the Director of Planning and Building Services may modify the scope of work if it is later determined that specified tasks are no longer necessary. 3. Tenus This Agreement shall commence as of the day and year first above shown and shall remain in full force and effect for a period of one year unless sooner terminated as provided herein. The Director of Planning and Building Services is authorized to extend this Agreement for up to six months and approve line item adjustments to the Agreement's program budget as long as either of such amendments are upon the same terms aDd. conditions as specified herein. ' , 4. Con.~ltant Resoonsibllities Consultant shall complete the Scope of Work described in Attachment A. Consultant commits the principal persoMellisted below for the duration of the project: eonsultant: 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. s. Renlacement of Named Personnel It has been determined that the key personnel named in this Agreement are necessary for the successful performance of this Agreement as shown in Attachment B. No diversion or replacement of these individuals shall be made by Consultant without written consent of the Department, provided that the Department may ratify, in writing, within ten (lO) days of diversion or replacement and such ratification shall constitute the consent of the Department required by this clause. If the Department fails to respond to Consultant within ten (10) days of notification by Consultant, said personnel diversion or replacement shall be deemed approved. 6. Release of News Infonnation No news release, including photographs, public announcements or confirmation of same, of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the Director of Planning and Building Services. 7. Confidentialitv of Renorts Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder and that the Department designates as confidential. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of the Department. 8. Comnensation The CITY agrees to pay Consultant for the Scope of Work, as described in Attachment C for the Carousel Mall EIR Project. This amount will not exceed $125,653.00 for the total term of the AGREEMENT unless a change in the Scope of Work, as set forth in Attachment A, is agreed to in writing by the CITY and CONSULTANT and additional payment is approved by the CITY. Provided, however, the Director of Planning and Building Services may authorize a written change in scope not to exceed ten percent (lO%)"ofthe AGREEMENT. " Consultant shall submit invoices each four weeks based on the completion of the Scope scope of work set forth in Attachment A. Payment shall be made within thirty (30) days of receipt of each invoice. Such payment shall be payable to EDA W, Inc. and mailed to EDA W, Inc. Department 1864, P.O. Box --61000, San Francisco, CA 94161-1864.. 2 AGREEKEHT FOR PROFESSl:ONAL SERVl:CES BETWEEN THE Cl:TY OF SAN BERNARDl:NO AND EDAW, l:NC. 9. Denartment Sunnort The Planning and Building Services Department shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to the services to be provided hereunder which are reasonably available to the Department. 10. Independent Contractor Consultant shall perform the services as contained herein as an independent contractor and shall not be considered an employee of the Department. This Agreement is by and between Consultant and the City, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the Department and Consultant. 11. Conflict of Interest Consultant agrees for the term of this Agreement not to enter into any agreement that will inure to the detriment of the City of San Bernardino. 12. Successor and Asshmment The services as contained herein are to be rendered by Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of the Department. 13. Indemnification Consultant agrees to indemnify, defend, and hold harmless City and their agents, officers and employees from and against any and allliability, expense and claims for damages to the extent caused by negligent acts, including, but not limited to, bodily injury, death, personal injury, or property damages arising from or connected with Consultant's operations, or its performance under this Agreement. 14. Insurance '. Consultant shall maintain during the entire term of this agreement Workers Compensation and General liability Insurance and other insurance coverages as listed in Attachment D to this agreement. Certificates of Insurance showing these coverages shall be provided to the Director of the Planning and Building Services Department prior to commencement of work under the agreement. 3 . AGREEMENT FOR PROFESSI:ONAL SERVI:CES BETWEEN THE CI:TY OF SAN BERNARDI:NO AND EDAW, I:NC. IS. Comoliance with Laws The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. 16. Non-Discrimination In the fulfillment of the program established under this Agreement, either as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other terms of compensation, selection for training, including apprenticeship or participation in the program or the receiving of any benefits under the program, Consultant agrees not to discriminate nor to allow any subcontractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap. 17. Severabilitv In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 18. Interoretation No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 19. Entire Al!reement This Agreement with Attachments A, B, C and D constitutes the entire understanding and agreement of the parties. , , 20. Waiver No breach of any provision can be waived unless in writing. Waiver of anyone breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 4 AGREEHENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. 21. Contract Evaluation and Review The ongoing assessment and monitoring of this Agreement is the responsibility of the Director of Planning and Building Services or designee. 22. Tennination The City or Consultant may terminate this Agreement for any reason at any time by mailing by certified mail 30 days prior written notice of termination to the other party. In this event, the Consultant shall be paid the reasonable value of services rendered to the date of termination. In the event of any such termination, Consultant shall provide to City, without charge, all documents, notes, maps, reports and data accumulated to the date of such termination. Consultant further covenants to give its good-faith cooperation in the transfer of the work to the City or to any other consultant designated by City following such termination, and to attend and participate in any meetings at no cost to City as shall be deemed necessary by the Director of Planning and Building Services to effectively accomplish such transfer. 23. Notice Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows: To Consultant: Mr. Fred Talarico EDA W, Inc. 1920 Main Street, Suite 450 Irvine, California 92714 To City: Director of Planning & Building Services City of San Bernardino 300 North "D" Street, Third Floor San Bernardino, California 92418 " Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 1/1/ /11/ 1/1/ 5 AGREEKENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above shown. CITY OF SAN BERNARDINO BY: Mayor ATTEST: City Clerk Approved as to form and legal content: By: City Attorney CONSULTANT: " BY: Name Title 6 CAROUSEL MALL Attachment A ~ TASK 1.0 PROJECT INITIATION 1.1 Data Collection 1.2 Project Schedule TASK 2.0 PREPARATION OF ENVffiONMENTAL DOCUMENTS 2.1 Screencheck Draft Environmental Impact Report 2.2 Preliminary Draft Environmental Impact Report 2.3 Draft Environmental Impact Report 2.4 Response to Comments Document 2.5 Final Environmental Impact Report TASK 3.0 PREPARATION OF CERTIFICATION DOCUMENTS 3.1 Statement of Findings and Facts 3.2 Statement of Overriding Considerations 3.3 Resolutions TASK 4.0 MITIGATION MONITORING PROGRAM 4.1 Draft Mitigation Monitoring Program 4.2 Final Mitigation Monitoring Program TASK 5.0 ATTENDANCE AT MEETINGS AND HEARINGS 5.1 Initiiu Kick -Off Meeting (1) 5.2 Scoping Meetings (2) 5.3 Staff Meetings (8) 5.4 Environmental Review Committee Meetings (2) 5.5 Planning Commission Hearings (2) 5.6 City Council Hearings (2) '. P:'ANl1SOl'CAROUSEL.SCO 1 TASK 1.0 PROJECT INITIATION SUBTASK 1.1 DATA COLLECTION The purpose of this subtask is to collect the existing data base for the proposed project. All existing data to be provided by the City staff will be used in preparing the various work products outlined in this proposal. Concurrent with the collection of data, EDA W will work with City staff to clearly defme their objectives and expectations of the process including the methodology and significance criteria for each environmental topic. To complete this subtask, EDA W will accomplish the following: 1. EDA W will meet with City staff to determine data availability. 2. EDA W will review and analyze all existing data provided by the City including, but not limited to, the City of San Bernardino General Plan and zoning. 3. EDA W will prepare and submit to City staff a list of required additional information. 4. Upon receipt of all data, EDA W will prepare a comprehensive list of references to be used by the project team. SUBTASK 1.2 PROJECT SCHEDULE The purpose of this subtask is to develop and maintain a project schedule. A tentative schedule will be developed based upon discussion at the project initiation meeting with the City staff. The tentative schedule will be placed in a computerized chart format and fmalized upon review and approval by the City staff. Any necessary changes to the project schedule will be made with concurrence by the City staff and EDAW. In order to develop and maintain an appropriate, reasonable schedule, EDA W will complete the following: 1. The EDA W Director will meet with the City staff to review the computerized tentative schedule with defmitive milestone dates for all work products and ranges of dates for all meeting and hearings. 2. The EDA W Director will flna1ize the project schedule, provide copies to the Cin' and project team, and maintain the schedule on an on-going basis. . . 3. Any revisions to the project schedule will be discussed by the City staff and the EDA W Director and revised copies of the schedule will be provided to the City and project team. P:\ANl1SOI'CAROUSELSCO 2 TASK 2.0 PREPARATION OF ENVIRONMENTAL DOCUMENTS All environmental documentation for the proposed project will be prepared by EDA W in accordance with CEQA (Public Resources Code Section 21000 et seq.), the State CEQA Guidelines, and the City of San Bernardino procedures for preparing ElRs. All environmental documentation will be prepared to reflect format and contents that are legally defensible. The preparation process of the ElRs will be conducted to minimize, rather than add to, the controversy of the project by: utilizing the CEQA process as an information gathering and public information process; utilizing the structure of the CEQA process to receive input on the scope of the environmental issues to be addressed and to provide written responses to address the issues and concerns expressed by the public; and using each step in the CEQA process to build an adequate, legally defensible EIR. This has started with the Initial Study, continues throughout the preparation of the ElR and the Response to Comments and concludes with the Statement of Findings and Facts. All documents will be presented in text and exhibits that are easily understood by the public and can be implemented by City staff upon its certification. SUBTASKS 2.1,2.2, AND 2.3 SCREENCHECK DRAFI', PRELIMINARY DRAFT, AND DRAFI' ENVIRONMENTAL IMPACT REPORT EDA W will prepare a Screencheck Draft EIR for submittal to the City for review and comment. Upon incorporation of all revisions and comments, EDA W will submit a Preliminary Draft ElR for fmal approval by City staff. Upon fmal approval of the Preliminary Draft ElR by City staff, the Draft ElR will be printed by EDA W and distributed by the City to the appropriate agencies and interested parties. Each ElR will address the full range of environmental topics as determined by the Initial Study and required by ~QA, the State CEQA Guidelines, and the City of San J;3emardino. Based on the information provided through the RFP process, the following is a brief description of each section of the ElR including a discussion of the general contents and the methodology and assumptions to be used in the analyses. INTRODUCTION '. This section will briefly describe the project location and general characteristics, the purpose of the EIR, the format and content of the ElR, CEQA requirements, and project history. SUMMARIES This section w.i!l contain three summaries: the Executive Summary; the Project Summary of Impacts, Mitigation Measures, and Level of Significance; and the Summary of Alternatives to the Proposed Project. Prior to the preparation of these summaries, EDA W will meet with City staff to discuss and identify format and content. The identified format will enable the City staff P:....ll5OI'CAROUsm...SCO 3 to incorporate the summaries into future staff reports for the project. Each summary is described below. Executive Summary An Executive Summary will be prepared for the EIR in accordance with CEQA and the State CEQA Guidelines. The Executive Summary will provide the casual reader of the EIR with an opportunity to understand the project and its implications. The Executive Summary will include: . Project Description (with illustrations) . Applicant, Lead Agency, Responsible Agency Information . Narrative Summary of Impacts, Mitigation Measures, and Level of Significance . Narrative Summary of Alternatives to the Proposed Project Proiect Summarv of ImDacts. Mitieation Measures. and Level of Si2Dificance This matrix summary will provide a brief summary of all potential impacts of the project, recommended mitigation measures, and the level of significance of each impact. This summary will list the cumulative impacts of this project as well as specific project related impacts. These impacts will be called out separately so that the reader may understand the effects of both the project and other development that is occurring in surrounding areas. Summary of Alternatives to the Prooosed Proiect This matrix summary will provide a comparison of the impacts of all alternatives to the proposed project. It will provide in a tabular format the following data: . Alternative Descriptions (General) . Whether Alternative is Under Consideration . Whether Alternative is Superior to the Proposed Project PROJECT DESCRIPTION This section will describe the location, boundaries, and the characteristics of the proposed project. EDA W will identify the project applicant and other key contacts, defme the objectives of the project as proposed by,the project applicant and the City, list the required discretionary actions for project approval, and provide a discussion of how the EIR will be used and implemented. Where appropriate this information will be illustrated with graphics including, but not limited to, an exhibit with the project location and boundaries shown on USGS topographic maps. EDA W will prepare a detailed discussion of past environmental documents including the properscitations for past environmental documents related to the project site and their incorporation by reference into !he EIR. The incorporation by reference of environmental documents will be accomplished In accordance with Section 15150 of the State CEQA Guidelines. The incorporation will include where the information is available for public review. P:\AN1l5OI'CAROUSELSCO 4 DESCRIPTION OF LOCAL AND REGIONAL LAND USES RELATING TO THE PROPOSED PROJECT This section will establish the overall setting for the analysis of the proposed project and project alternatives. It is intended that both be understood from a local and regional perspective. This section will provide the basis for understanding the project's impacts on the Inland Center Mall, impacts on more traditional downtown areas, and on the potential for similar projects in any adjacent jurisdiction. This section is discussed below. Local This section will describe the existing land uses and applicable land use plans on and adjacent to the project site. EDA W will discuss relevant planning and circulation considerations in the City of San Bernardino. A list of major projects in the City of San Bernardino utilized in the analysis will be developed. This may be accomplished by Traffic Analysis Zone (fAZ) or other mutually agreed upon units of analysis. Relrlonal This section will list and illustrate the location of approved and proposed projects within the region. It will include a description of adjacent areas. This section will focus on the past, present, and reasonably foreseeable future projects of a similar scale and character. This will provide the basis for the analysis of the cumulative impacts of the proposed project in conjunction with other approved and proposed projects. It is intended that the section provide the reader with the information necessary to understand each component of the proposed development within its local environment and provide data necessary to understand their importance in the subregional and regional perspective. In order to establish the local and regional land uses related to the proposed project, EDA W will take the following actions: 1. EDA W will meet with City staff and each applicant to prepare a list of past, present, and reasonably foreseeable future projects in the City of San Bernardino and the unincorporated County. These will be the cumulative projects. , 2. EDA W will complete the proposed project description. The project descnption will be revised and approved by the City. 3. The project description and list of the cumulative projects will be reviewed and approved by the City of San Bernardino. 4. ]IDA W will transmit the documents, verify that they were received, and request a response from affected jurisdictions. 5. EDAW will meet, if necessary, with the staff at the County, adjacent Counties, and surrounding Cities to verify the cumulative projects assumptions. P:\4Nll!01'C\R.OUSEL.SCO 5 6. EDA W will record all actions in Appendix A of the EIR. ENVIRONMENTAL SETTING, IMPACTS, MITIGATION MEASURES, AND LEVEL OF SIGNIFICANCE This section will describe the existing environmental setting for the project study area, analyze all potential impacts, and recommend mitigation measures related to each project. Each impact section will discuss project-specific and cumulative impacts. EDA W will use the State CEQA Guidelines, the City General Plan, and/or local policies to establish thresholds of significance for each environmental topic. A full range of mitigation measures will be discussed and evaluated for feasibility and effectiveness. All mitigation proposed will specify the responsible party and appropriate timing of the measure. Following the discussion of impacts and mitigation measures, the resulting level of significance will be stated. The environmental topics will be discussed to the level of detail necessary in the EIR. To extent possible, existing information contained in previous documentation will be used. Each environmental topic will be addressed in the following manner: EXISTING CONDmONS IMPACTS State and/or City Impact Criteria Project-Specific Cumulative MITIGATION MEASURES LEVEL OF SIGNIFICANCE Impacts Found to be Insignificant Impacts Mitigated to Ii Level of Insignificance Impacts Mitigated yet Remain Significant Impacts that Cannot be Mitigated and are Significant SeismicitvlLiauefaction . " It is anticipated that earth resources will have an impact on the proposed Carousel Mall. Solus Geotechnical Corporation in association with EDA W will conduct a review of the geotechnical information and resources available. We will summarize this technical information in the EIR. The following steps will be taken: - 1. Solus Geotechnical Corporation will conduct a review of the geotechnical information. The review will focus on impacts associated with grading, altered liquefaction, and regional seismicity for the Carousel Mall expansion. ~\ANll$OI'CAJlOUSBLSCO 6 2. EDA Wand Solus Geotechnical Corporation will identify all potential project-specific and cumulative earth resource impacts. 3. EDA W and Solus Geotechnical Corporation will propose mitigation measures for identified earth resource impacts. 4. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project -specific and cumulative impact. Air Oualitv It is anticipated that the expansion of the Carousel Mall will have a potential impact on air quality. EDA W will conduct an air quality analysis addressing the impact of each proposed project on existing ambient air quality and the exposure of people to pollutant concentrations. The study will be based upon the traffic volumes provided in the traffic study and the levels of proposed development. The air quality study will contain both an analysis of regional and local air quality impacts and consistency with regional air quality management planning. The following steps will be taken: I. EDA W will describe the current air quality in the vicinity of each proposed project. The local atmospheric setting will be characterized based on available climatic data and on Air Pollution Control District air quality monitoring summaries. 2. EDA W will conduct an air quality analysis which will include calculations of stationary source emissions associated with the proposed project. The project's electrical and natural gas consumption will be calculated by the Air Pollution Control District's estimate of project generated emissions. 3. The Urbemis 4 computer model, developed by the California Air Resource Board, will be used to calculate project gen~ted mobil source emissions. 4. Temporary construction impacts, especially with regard to fugitive dust emissions from construction, will be evaluated and quantified. 5. EDA W will review any published materials prepared by the Carousel Mall project proponent related to release of hazardous materials during construction. ' , 6. Any changes in regional transportation activity emissions due to project implementation in terms of a regional emissions burden will be estimated. 7. Project consistency with the Air Quality Management Plan will be discussed. - 8. EDA W will propose mitigation measures for identified air quality impacts. 9. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. P:'oANll50I\CAROUSELSCO 7 Noise Development of the proposed Carousel Mall will result in short-term and long-term increases in ambient noise levels. The proposed offsite impacts are related to vehicular traffic. On site noise impacts include loading dock areas, mechanical equipment, and other similar noise generating sources. EDA W will prepare a noise analysis of the proposed project. EDA W will summarize the analysis in the EIR. The following steps will be taken: 1. EDA W will review existing noise data for the project vicinity. 2. EDA W will use the FHW A highway noise model (''FHW A Highway Traffic Noise Prediction Model," FHWA-RD-77-108) to describe existing noise levels in the project vicinity. Community noise standards relevant to this project contained in the City of San Bernardino Noise Element of the General Plan and the Noise Ordinance will be identified. 3. EDA W will determine the increase in noise levels due to the project. Areas that will experience a significant noise increase will be identified and the resulting land use/noise compatibility discussed. 4. EDA W will propose mitigation measures for identified noise impacts. 5. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. Land Use It is anticipated that each proposed project will have an impact on existing land use. The expansion of the Carousel Mall will impact existing retail and commercial businesses in the downtown area. EDA W in association with Tischler & Associates, Inc. (T A) will prepare a socioleconomic market impact study that will be summarized into the Draft EIR. The study will focus on the local and regional retail industry . We will indicate potential physical changes caused by the economic or social effects of the proposed Carousel Mall project and the Inland Center Mall project individually and cumulatively. The following steps will be taken: " 1. Tischler & Associates, Inc. and EDA W will describe the existing on-site and off-site land uses and the adopted land use plans. 2. EDA W in association with Tischler & Associates, Inc. will propose mitigation measures to reduce identified land use impacts related to physical changes caused by the economic or social effects of the Carousel Mall project and the Inland Center Mall project individually and cumulatively. ~'\AN 11501'CAROllSEL.SC'O 8 3. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. TransDortationICirculation It is anticipated that the proposed projects will have an impact on traffic and circulation. Kaku Associates will prepare a technical traffic report on the existing traffic and circulation conditions in the vicinity of the project site for the Carousel Mall project and the impacts related to the proposed project. EDA W will summarize the technical report in the EIR. The following steps will be taken: 1. Kaku Associates will inventory the existing street system serving the entire study area (for all alternatives), including number of lanes, street widths, traffic control devices, parking, and operational characteristics. Any existing traffic volume data, including 24-hour counts and peak hour intersection turning movement counts, will be identified and gathered by the consultant, working with the affected agencies/jurisdictions. Any additional pertinent data will also be collected, including previously conducted traffic studies for projects in the area. It is anticipated that recent and valid traffic counts would be available. An assessment will be made of existing operating conditions and constraints within the study area. Existing peak hour levels of service will be quantified at the intersections identified. 2. Kaku Associates will develop future traffic projections at the identified locations for the following scenarios: Project Opening Day; Project Opening Day + Project Conditions; Year 2010 Cumulative Base Conditions; and Year 2010 Cumulative Base + Project Conditions. 3. Kaku Associates will assess future intersection operating conditions based upon peak hour levels of service for the three time periods. The percent contribution of the proposed project will be determined at each an~yzed intersection and freeway location. 4. For the most critical time period, the peak month afternoon peak hour, Kaku Associates will evaluate all access points for the mall for their adequacy from both a capacity/operational and safety perspective. Also. for this same time period, internal circulation and.parking supply will be evaluated and improvements/modifications will be recommended if needed. ' , 5. Kaku Associates will defme all project-specific and cumulative transportation/circulation impacts of the proposed project 6. Kaku Associates and EDA W will propose mitigation measures for identified impacts. - 7. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. P:'.CNl1SOr<:AllOUSEL.SCO 9 Public Utilities The proposed Carousel Mall project may have an impact on public utilities. The proposed Carousel Mall expansion will increase utility usage in respect to gas consumption, electrical consumption, water usage, and sewer treatment capacity. Additionally, the Carousel Mall expansion and cumulative projects may impact water supply and wastewater management. EDA W will determine if adequate infrastructure is available for existing and future development of each proposed project site. In order to thoroughly evaluate any impact the proposed project may have on public utilities, EDA W will contact in writing the following utility and public agencies providing service to the proposed project. Each utility will be sent a questionnaire to assess the impacts of the project on their service levels. The following steps will be taken: Gas and Electrical Service I. EDA W will identify the existing gas and electricity distribution systems serving the Carousel Mall site. 2. EDA W will evaluate the source and capacity of these systems to serve the proposed Carousel Mall. 3. EDA W will identify all project-specific and cumulative impacts. 4. EDA W will propose mitigation measures for identified impacts. 5. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. WaterJSewer I. EDA W will describe how water and sewer service will be provided to the project site. 2. EDA W will assess the location, source, and capacity of these systems to serve the proposed projec.t. . " 3. EDA W will identify all project-specific and cumulative impacts. 4. EDA W will propose mitigation measures for identified impacts. 5. Based upon the proposed mitigation measures, EDA W will defme the level of significance for eacQ project-specific and cumulative impact. Cultural Resources P:\4Nl~I'CAROUSEl..SCO 10 The Harris Building is listed by the City as a ''Potentially Significant Historic Structure" and the Anderson Building is listed as an "Historic Landmark." Both of the structures will be modified by expansion activities. EDA W will evaluate the impact to these historic resources. Additional impacts associated with excavation and remodeling activities may impact archaeological resources. These will be evaluated by RMW Paleo Associates in association with EDA W. EDA W will summarize these two technical studies into the EIR. The following steps will be taken: I. RMW Paleo Associates will conduct a literature and records review of the known archaeological sites and historic deposits within the proposed project area. 2. RMW Paleo Associates will prepare and submit a report detailing the fmdings of previous work. 3. EDA W in association with RMW Paleo Associates will identify project-specific and cumulative cultural resource impacts by state and federal guidelines. 4. EDA W in association with RMW Paleo Associates will propose mitigation measures for identified cultural resource impacts. 5. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. ALTERNATIVES TO THE PROPOSED PROJECT This section will evaluate the alternatives listed below. These alternatives will be evaluated in sufficient detail to afford project decisionmakers the opportunity to select either one alternative project or portions of alternatives. An alternatives matrix will provide a comparative analysis of each alternative in a tabular formaL This matrix will present the defmed alternatives and their respective impacts. The alternatives section will describe each alternative and discuss whether it has been rejected from further consideration. ED.A W will evaluate alternatives which may eliminate or reduce to a level of insignificance any significant adverse impacts associated with the projecL . No Project Alternative No Development Development Under Existing General Plan/Zoning " . Reduced Intensity Alternative . Development at Another Location Alternative (Inland Center or other location per EIR and socioleconomic market analysis) The following"action will be taken related to the analysis of alternatives: I. EDA W will meet with City staff and each applicant to establish a description of each alternative. Each potentially viable alternative will be included. P:\,4N11501'CAROUSELSCO 11 2. EDA W will request written verification of alternatives received related to the NOP. 3. Each alternative will be evaluated as follows: General Information . Description of Alternative . Whether Alternative is Under Consideration . Whether Alternative is Superior to the Proposed Project . Whether Alternative is Rejected from Further Consideration Environmental TODics . Project Impacts . Alternatives ReductionlElimination of Impact . Qualitative and/or Quantitative Analysis Alternative ImDacts . Alternative Impacts that are not Project Impacts . Alternatives Contribution to Cumulative Impacts Reiection Rationale 4. EDA W will key the rejection rationale for any alternative to the findings required for the Statement of Findings and Facts (Subtask 3.1). LONG-TERM IMPLICATIONS OF THE PROPOSED PROJECT The focus of this section is discuss the long-term results of the proposed project with a focus on the potential for growth inducement. The following will be analyzed in this section. The RelationshiD Between Local Short- Term Uses of the Environment and the Maintenance and Enhancement ofLoIU!-Term Productivitv " The approval of a development project represents the long-term commitment of a site to urban uses. It also precludes the use of the individual site for uses other than those ultimately selected by the decisionmakers. EDA W will discuss the long-term commitment to uses of the site and evaluate the shon-term impacts of the project that will ultimately occur from project implementation. Actions necessary to implement the project, when approved, will be outlined and discussed -in this section. P:\ANll50l'CAR.OUSllLSCO 12 Sil!nificant Irreversible Environmental Chanees Which Would Be Involved In the ProDosed Action Should It Be ImDlemented Approval of the development project will irreversibly commit the site to urban uses. EDA W will evaluate the impact of the project and indicate any actions that represent significant irreversible environmental changes. Growth-Inducine ImDacts of the Prooosed Action The project represents a change in land use. The implementation of the project will signal the need for additional governmental services and other facilities in the community. This section will indicate the overall and site specific growth-inducing impacts of the project. We will discuss other vacant parcels in the vicinity of the project. The growth-inducing impacts of this project, in conjunction with other past, present, and reasonably foreseeable future projects, will be discussed. ENVIRONMENTAL SUMMARIES EDA W will provide a series of environmental summaries in the EIR. These summaries are intended to accomplish the following: . Provide an accurate transition from the Initial Study to the Certification Documents related to the project. . Establish an exact cross check related to each conclusion made in the environmental process. . Provide the City staff with a ready reference for environmental policies and requirements. . Assure that all appropriate mitigation measures are listed in one location so they can be ready referenced as conditions of any project approval. . Provide a single location to prepare Findings and Facts. EDAW will provide the following Environmental Summaries: Summa" of Mitieation Measures In addition to the disc.!lssion of recommended mitigation measures within each topical section, EDAW will provide a summary list of all proposed mitigation measures. " Summa" of ImDacts Found Not to be Sienificant EDA W will prepare a summary of those impacts which were determined to be insignificant. Summa" of ~Dacts Mitil!ated to a Level of Insienificance EDA W will provide a summary of impacts reduced to a level of insignificance through implementation of mitigation measures. ~ll.501\CAROUSEL.SCO 13 Summary of Unavoidable Adverse Imoacts of the Prooosed Proiect EDA W will prepare a summary of all unavoidable adverse impacts of the proposed project. This summary will serve as the basis of the preparation of the Statement of Findings and Facts. The inventory of unavoidable adverse impacts will include a summary of the fmdings of previous environmental documentation that are incorporated by reference. This will allow decision makers to determine the relative impact of the project in concert with other past, present, and reasonably foreseeable future projects. This concept is consistent with the most recent interpretations of CEQA and the CEQA Guidelines. REPORT PREPARATION RESOURCES Ol"2anizations and Persons Consulted This section will be provided in accordance with the requirements of CEQA and the City and will list all individuals and agencies that were contacted during the preparation of the EIR. Preoarers of and Contributors to the Reoort This section will also be provided in accordance with the requirements of CEQA and the City. It will list those individuals from EDA W, the City of San Bernardino, and technical subconsultants who were involved in the preparation of the EIR. References This section will provide a listing of all reference material used during preparation of the EIR. All references used in the preparation of the report will be made available to the City of San Bernardino during the official review period for the EIR. The references will be held in the office of EDA W and will be delivered to the City within twenty-four hours of request. APPENDICES The Appendices to the EIR will contain the following: Carousel Mall " Appendix A - Public Participation and Review Appendix B - Earth Resources Assessment Appendix C - Air Quality Assessment Appendix D - Noise Assessment Appendix E - Land Use Assessment Appendix F - J:rafficlCirculation Report Appendix G - GaslElectricity/SewerlWater Assessment Appendix H - Archaeological Assessment Appendix I - Historical Study Appendix J - Correspondence P:\ANl1.50I\CAROUSEL.SCO 14 SUBTASK 2.4 RESPONSE TO COMMENTS DOCUMENT EDA W will prepare a Response to Comments Document for the Draft EIR in accordance with Section 15088 of the State CEQA Guidelines. It is presently anticipated that these responses will be prepared immediately preceding the Planning Commission Public Hearing on the project. Responses will be coordinated with the City staff for review and approval by the Environmental Review Committee. SUBTASK 2.5 FINAL ENVIRONMENTAL IMPACT REPORT Following review and approval of the Response to Comments Document by the City Council, EDA W will prepare an Administrative Final EIR. The Administrative Final EIR will be a compilation of all documents utilized in the analysis of the proposed project. The reader will be able to "track" the entire project from the Initial Study analysis to the Final EIR. Upon review and approval of the Administrative Final EIR, EDA W will provide the City with a Final EIR. " P:......ll.501'CAROUSEl..SCO 15 TASK 3.0 PREPARATION OF CERTIFICATION DOCUMENTS SUBTASK 3.1 STATEMENT OF FINDINGS AND FACTS Based on the contents of the Draft EIR and the actions of the Planning Commission, EDA W will prepare a Draft Statement of Findings and Facts for consideration by the City staff. The statement will detail: Effects Determined to be Insignificant in the Initial Study and the EIR; Impacts Mitigated to a Level of Insignificance; Unavoidable Adverse Impacts; and the Rejection of Alternatives and possibly Mitigation Measures. The process for the Findings and Facts begins with the preparation and format of the Initial Study and is carried throughout the Draft EIR, Response to Comments, and Final EIR. Subsequent to City staff review of the draft, EDA W will prepare a Statement of Findings and Facts for consideration by the City Council. SUBTASK 3.2 STATEMENT OF OVERRIDING CONSIDERATIONS Section 15093 of CEQA requires the decisionmaker to balance the benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the project. If a public agency approves a project which will have an adverse environmental effect, the agency must make a statement which lists the factors and public benefits that were considered in the decision making process. A Draft Statement of Overriding Considerations will be prepared by EDA W based on the testimony presented at the Planning Commission Hearings. Subsequent to City staff review, a Statement of Overriding Considerations will be prepared for consideration by the City Council. SUBT ASK 3.3 RESOLUTIONS EDA W will prepare draft resolutions for City staff review related to the review of the environmental documents by the Planning Commission and certification by the City Council. The resolutions will incorporate by reference the approval/denial from the Planning Commission, Certification of the EIR. Findings and Facts, Statement of Overric;ling Considerations, and approval of the project. " P:\4N115Ol'CAROUSELSCO 16 TASK 4.0 MITIGATION MONITORING PROGRAM SUBTASK 4.1 AND 4.2 DRAFT AND FINAL MITIGATION MONITORING PROGRAM EDA W will prepare the Draft and Final Mitigation Monitoring Program (MMP). The purpose of this work effort is to ensure that proposed mitigation measures included in environmental documentation are implemented to reduce or eliminate significant detrimental project-related impacts to the environment. The MMP will be developed in conjunction with the preparation of the Certification Documents. The program will be approved as part of the project by the City. Subsequent to the approval of the fmal program, EDA W will make any necessary corrections to reflect staff comments and Planning Commission and City Council actions. ORGANIZATION AND FORMAT OF MONITORINGIREPORTING PROGRAM The MMP will be specifically tailored to the ElR. It will be developed as a stand alone report. The basis of the program will be consistent with other City monitoring programs. This program will guide the approved project through the monitoring/reporting process through the following steps; . Project Description . Summaries . Identification MonitoringlReporting Actions and Development of Checklist . Timing of Monitoring Plan and Program . Assignment of Enforcement Responsibility . Designation and Assignment of Penalties The following is a brief description of each of the sections of the MMP. PROJECT DESCRIPTION EDA W will prepare a fmal project description. The project will be described in detail. This discussion will include statistical information about the project as approved such as total gross acreage, gross acreage-of development and phasing of development. Also provided in the description will be specific information regarding the type of development included in the approved land use plan. The project description will include a discussion of any changes to the project resulting from future implementation of the mitigation required for project approval. These alterations shall be graphically presented in the monitoring/reporting program text. P:\4Nll~I'GUOUSEL.SCO 17 SUMMARIES Summary of ImDacts A summary of all significant impacts will be provided in list form. Summary of Mitil!:ation A summary of recommended mitigation measures will be provided in list form. All measures included on this list will be those anticipated to be recognized as Conditions of Approval for the proposed project. Any rejected mitigation measure will be noted. In the Final MMP they will be provided as approved by the City Council. REFERENCE CHECKLIST A checklist tailored to the project will be developed by EDAW. This checklist will be timing- oriented in terms of the phase of the project and necessary monitoring intervals. For instance, monitoring may occur prior to, during, or following construction either on a weekly, monthly, or annual basis. Mitigation measures will be separated on the checklist into categories based on timing or mitigation rather than a grouping or type. The checklist will include the following: . Mitigation Measure . Timing . Responsibility . Compliance . Designation/ Assignmen t of Penalties " P:\4Nll50l'CAROUSELsro 18 TASK 5.0 ATTENDANCE AT MEETINGS AND HEARINGS SUBTASK 5.1 INITIAL KICK-OFF MEETING Mr. Fred Talarico and Ms. Lauren Jue will attend one (I) initial kick-off meeting with City staff to begin the project. SUBTASK 5.2 SCOPING MEETINGS Mr. Fred Talarico and Ms. Lauren Jue will attend two (2) public scoping meetings. We recommend that two (2) sessions of the Scoping Meeting be held. One for public agencies and the second for interested citizens. If necessary, attendance at additional scoping meetings will be provided on a time and materials basis. SUBT ASK 5.3 STAFF MEETINGS Mr. Fred Talarico and Ms. Jue will attend eight (8) meetings with City staff. If necessary, attendance at additional staff meetings will be provided on a time and materials basis. SUBTASK 5.4 ENVIRONMENTAL REVIEW COMMITTEE MEETINGS Mr. Talarico and Ms. Jue will attend two (2) Environmental Review Committee meetings. EDA W will be prepared to make all necessary presentations and answer any questions related to the environmental document. SUBT ASK 5.5 PLANNING COMMISSION HEARINGS Mr. Talarico and Ms. Jue will attend two (2) Planning Commission Hearings. EDA W will be prepared to make all necessary presentations to the Planning Commission and answer any questions related to the environmental document. If necessary. attendance at additional public meetings will be provided on a time and materials basis. . SUBT ASK 5.6 CITY COUNCIL HEARINGS Mr. Talarico and Ms. lue will attend two (2) City Council Hearings. EDA W will be prepared to make all necessary pfesentations to the City Council and answer any questions related'to the environmental document If necessary, attendance at additional public meetings will be provided on a time and materials basis. P:\ANll50l'CAROUSEL.SCO 19 IDII1DlImDI DELIVERABLES The following is a list of deliverables with a number of copies we will provide to the City. EDA W will submit these documents in accordance with the project schedule. Deliverables Number of Conies Screen check Draft EIR Screencheck Draft EIR Appendices Preliminary Draft EIR Preliminary Draft EIR Appendices Draft EIR Draft EIR Appendices Draft Response to Comments Document Response to Comments Document Final EIR Final EIR Appendices Draft Statement of Findings and Facts Final Statement of Findings and Facts Statement of Overriding Considerations Resolutions Draft Mitigation Monitoring Program Final Mitigation Monitoring Program 10 10 10 10 75 75 10 75 10 10 10 10 10 10 10 10 " P:\ANl1.501\CAROUSI!L.SCO 20 <, ORGANIZA TON CHAR Attachment B MAC4NIOJOII0716MtOrJ EDAW EDA W'S Standard Hourly Rate Schedule Effective January 1, 1994 SCHEDULE OF FEES for Professional Services Time Charges Hourlv Rate Range Principals Senior Associates Associates Professional, Administrative & Word Processing Staff $100.00 - $175.00 $75.00 - $125:00 $50.00 - $ 91.00 $30.00 - $ 75.00 EDA W's hourly rate schedule is subject to adjustment in January and July of each year. Reimbursable Exoenses Consultants: Cost plus 10%. Travel: Private vehicles @ $0.29 per mile. Commercial travel and related expenses at cost plus 10%. Computer: Computer Aided Design/Drafting @ $25.00 - $35.00 per hour, depending upon the complexity of software and required peripheral equipment. Microcomputers used for CAD/D will be billed at $25.00 - $35.00 per hour based on the actual application. Microcomputers other than for CAD/D applications @ $10.00 per hour. Taxes: Any tax and/or fees imposed by a taxing authority based upon gross . revenues or sales shall be reimbursable in addition to the fee stated in this contract. Other project expenses: Cost plus 10%. Such as: Printing, graphics. photography and reproduction, rental or purchll$l:of special equipment and materials. long distance telephone, telex, fax. special shipping or delivery, models and renderings. lodging and subsistence. P:".CH1150l'CAIlOUSlLSCO 2 INVOICING AND PAYMENT POLICIES 1. In contracting with EDA W, Inc. for professional services, client warrants that funds are available to compensate EDA W for the total amount of services and expenses contracted and that these funds are neither encumbered nor contingent upon subsequent granting of approvals, permits or fmancial commitments by lending institutions or other third parties. 2. Invoices are submitted by EDA W each four weeks (not necessarily falling on the fIrst or last day of the month). Client shall notify EDA W, in writing, of any and all objections, if any, to an invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall be deemed proper and acceptable by the Client. Amounts indicated on invoices are due and payable immediately upon receipt. Client's account will be considered delinquent ifEDAW, Inc. does not receive full payment within thirty (30) days after the invoice date. 3. A service charge will be applied at the rate of 1.5 percent per month (or the maximum rate allowable by law) to delinquent accounts. Payment thereafter will be applied fIrst to accrued interest and then to the principal unpaid by the Client. Client shall pay all costs and expenses, including without limitation, reasonable attorneys' fees and expenses incurred by EDA W in connection with the collection of delinquent accounts of Client. 4. If a delinquency by Client occurs, EDAW, Inc. may choose to suspend work. If such a decision to suspend work is made, EDAW, Inc. will notify Client in writing. EDAW may choose to recommence work once a delinquency is completely cured and any and all attendant collection costs, fees, increases in costs or fees, or other amounts required to be paid by Client under this agreement are made in full. If a delinquency by Client occurs and EDAW, Inc. chooses not to suspend work, no waiver or estoppel shall be implied or inferred. Client agrees and understands that if EDA W, Inc. decides to so suspend its work, EDA W shall not be liable for any costs or damages, including but not limited to delay and consequential damages, to the Owner, Client, or any other third party, that may arise from or be related to such a work suspension. Client agrees to hold EDA W, Inc. harmless from and completely indemnify EDAW from and against any and all damages, costs, attorney's fees, and/or other expenses which EDAW, Inc. may incur as a result of any claim by any person or entity arising out of such a suspension of work. 5. If any litigation, arbitration, or other legal action arising out of this contract ensues, the prevailing party shall be entitled to, without limitation, reasonable attorney's fees, expenses, expert fees, and costs. 6. When non-standard billing is requested, time spent by office administrative personnel in preparation is a cost -to the project and charged as technical labor. " LIMITA nON OF LIABILITY EDA W's liability for damage on account of any act, error, omission or other professional negligence shall be limited to a sum not to exceed $50,000 or our fee, whichever is greater. .1 P.:\ANll50I'CAROUSEI...ICO 3 DrDlmII Attachment D Broker: Professional Practice Insurance Brokers, Inc. WORKERS' COMPENSATION - CALIFORNIA Insurance Co.: American Motorists Insurance Company Policv Number Policy Dates Liabilitv Limits 3CW235534-02 9/1/93-9/1/94 $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee WORKERS' COMPENSATION - ALL OTHER STATES Insurance Co.: American Motorists Insurance Company Policy Number Policy Dates Liabilitv Limits 3CQ265819-02 5/1/94-5/1/95 $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee GENERAL LIABILITY Insurance Co.: Zurich Insurance Company Policy Number Policy Dates Liabilitv Limits CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers. Inj. $1,000,000 per occ. CP05181149-06 7/1/94-7/1/95 HIRED & NON OWNED AUTOMOBILE Insurance Co.: Zurich Insurance Company Policy Number Policy Dates Liabilitv Limits CP05181149-06 7/1/94-7/1/95 CSL $1,000,000 EXCESS LIABILITY (UMBRELLA FORM) Insurance Co.: Zurich Insurance Company Policy Number Policy Dates Liability Limits Single $4,000,000 occurrence Single $4,000,000 aggregate CU5181150.06 7/1/94-7/1/95 P:'ANlOOf\CAR.OUSEL.SCO 1 " PROFESSIONAL LIABlllTY Insurance Co: Continental Casualty Company Policy Number Policy Dates Liabilitv Limits AAE823-40-67 3/24/94-3/24/95 $2,000,000 aggregate FOREIGN GENERAL LIABILITY Insurance Co: Kemper Insurance Company Policy Number Policy Dates Liabilitv Limits PENDING 7/1/94-7/1/95 CSL $1,000,000 per occurrence Pers Inj. $1,000,000 per occ. The aggregate limit is the total insurance ayailable for claims presented within the policy for all operations. CSL stands for "Combined Single Limit." 30 day notice of cancellation is a standard request for certificates; there is no additional charge. Naming the client as additional insured on the policy is also fairly standard; howeyer there is a $50 charge per request. These are billed to the office and in turn should be billed to the client. Primary coyerage requirements are an additional charge; consult the business manager. Insurance Co: Zurich Insurance Company FOREIGN GENERAL LIABILITY Policy Number Policy Dates Liabilitv Limits CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers. Inj. $1,000,000 per occ. CGL6422244-01 7/1/94-7/1/95 " P:\ANllSOl'CAROUSlLSCO 2 1 2 3 4 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SERVICES WITH EDAW, INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED INLAND CENTER MALL EXPANSION PROJECT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. EDAW, Inc., through a fair and impartial selection 7 process, was chosen to prepare an Environmental Impact Report to 8 9 analyze potential environmental impacts of the proposed expansion at the Inland Center Mall. An Agreement for Services is therefo~e 10 awarded to said firm for the total amount of $119,107 pursuan~ to 11 the terms and conditions stated in the attached Agreement for 12 services being fully executed by all parties. 13 The Mayor is hereby authorized and directed to execute said Agreement for Services on 14 behalf of the city: a copy of the agreement is on file in the 15 office of the City Clerk and incorporated herein by reference. 16 17 18 modification thereto shall not take effect or become operative SECTION 2. This Agreement for Services and any am~ndment or 19 until fully signed and executed by the parties and no party shall 20 be obligated hereunder until the time of such full execution. No 21 22 oral agreements, amendments, modifications, or waivers are intended or authorized and shall not be implied from any act or course of 23 conduct of any party. 24 25 SECTION 3. This resolution is hereby rescinded if the parties 26 27 28 to the Agreement for services fail to execute it within ninety (90) days of the passage of this resolution. 34b AGREBMENT FOR PROFBSSIONAL SBRVICBS BBTlfBBN THB CITY OP SAN BBRNARDINO AND BDAW, INC. 9. Deoartment SunDOrt The Planning and Building Services Department shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to the services to be provided hereunder which are reasonably available to the Department. 10. Independent Contractor Consultant shall perform the services as contained herein as an independent contractor and shall not be considered an employee of the City. This Agreement is by and between Consultant and the City, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the City and Consultant. 11. Conflict of Interest Consultant agrees for the term of this Agreement not to enter into any agreement that will inure to the detriment of the City of San Bernardino. 12. Successor and Assilmment The services as contained herein are to be rendered by Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of the City. 13. Indemnification Consultant shall indemnify, defend, and hold harmless, the City, its agents, officers and employees, from and against any losses, liabilities, expenses, and costs, including, without limitation, attorney's fees and costs, caused by the Consultant's negligent performance of services under this agreement. As respects to its operations under this Agreement other than the performance of professional services, the Consultant agrees to indemnify, defend, and hold harmless the City and their agents, officers and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damages arising from or connected with Consultant's operations. 3 AGllBBJ(1!l)l'! ~R PROFBSSIOIIAL SBRVICBS BBTWBBII TllB CITY OF SAIl BBRJIAllDllIO AIID BDl.., IIIC. 14. In.wrance Consultant shall maintain during the entire tenn of this agreement Workers Compensation and General Liability Insurance and other insurance coverages as listed in Attachment D to this agreement. Certificates of Insurance showing these coverages shall be provided to the Director of the Planning and Building Services Department prior to commencement of work under the agreement. 15. Comnliance with lAWS The parties agree to be bound by applicable federal, state and loca1laws, regulations and directives as they pertain to the perfonnance of this Agreement. 16. Non_Discrimination In the fulfillment of the program established under this Agreement, either as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or tennination, rates of payor other tenns of compensation, selection for training, including apprenticeship or participation in the program or the receiving of any benefits under the program, Consultant agrees not to discriminate nor to allow any sub<:oDtractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap. 17. Severabilitv In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth pennitted by law. 18. lnt..rnretation No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 19. Entire Avrt>ement This Agreement with Attachments A, B, C and D constitutes the entire understanding and agreement of the parties. 4 AGREEMEIl'l' FOR PROFESS:IONAL SERV:ICES BETWEEN THB C:ITY OF SAN BBRNARD:INO AND BDAW, :INC. 20. Waiver No breach of any provision can be waived unless in writing. Waiver of anyone breach of any provision shaH not be deemed to be a waiver of any other breach of the same or any other provision hereof. 21. Contract Evaluation and Review The ongoing assessment and monitoring of this Agreement is the responsibility of the Director of Planning and Building Services or designee. 22. TenJ1ination The City or Consultant may terminate this Agreement for any reason at any time by mailing by certified mail 30 days prior written notice of termination to the other party. In this event, the Consultant shall be paid the reasonable value of services rendered to the date (\f termination. In the event of any such termination, Consultant shall provide to City, without charge, all documents, notes, maps, reports and data accumulated to the date of such termination. Consultant further covenants to give its good-faith cooperation in the transfer of the work to the City or to any other consultant designated by City foHowing such termination, and to attend and participate in any meetings at no cost to City as shall be deemed necessary by the Director of Planning and Building Services to effectively accomplish such transfer. 23. Notice Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows: To Consultant: Mr. Fred Talarico EDAW, Inc. 1920 Main Street, Suite 450 Irvine, California 92714 To City: Director of Planning & Building Services City of San Bernardino 300 North "0" Street, Third Floor San Bernardino, California 92418 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZIN~T t EXECUTION OF AN AGREEMENT FOR SERVICES WITH EDAW, C. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT F THE PROPOSED INLAND CENTER MALL EXPANSION PROJECT. / BE IT RESOLVED BY THE MAYOR AND COMMON COUNCyt OF THE CITY OF SAN BERNARDINO AS FOLLOWS: / SECTION 1. EDAW, Inc., through a fair ancf inipartial selection ~ , process, was chosen to prepare an Enviro~ental Impact Report in support of the proposed expansion at the Inland Center Mall. An Agreement for Services is therefore awarded accordingly to said firm for the total amount of $119,107 but such award shall be effective only upon the Agreement for Services being fully executed by all parties. The Mayor is hereby authorized and directed to execute said Agreement for Services on behalf of the City; a copy of the agreement is on file in the office of the City Clerk and incorporated herein by reference. SECTION 2. This Agreement for Services and any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications, or waivers are. intended - " or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3~ This resolution is hereby rescinded if the parties , to the Aqreem~nt for Services fail to execute it within ninety (90) I days of the ~assage of this resolution. 1.,' 3'-fb ./ ) ~ 1 RESO: 2 3 4 5 6 7 AWARDING AGREEMENT FOR SERVICES '1'0 EDAW, INC. FOR PREPARATION OF THE INLAND CENTER MALL ENVIRONMENTAL IMPACT REPORT I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1994, by the following vote, to-wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this , 1994. day of \ Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN city' Attorney By: AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. 94-5 TIllS AGREEMENT made and entered into this day of August, 1994, by and between the CITY OF SAN BERNARDINO and EDAW, Inc.. RECITAL 1. Purnose The purpose of this Agreement is to allow the City to procure the services of an experienced professional firm to provide environmental consulting services for the Inland Center Mall Project. The City will delegate the responsibility to administer this contract to the Director of the Planning and Building Services Department (Department). 2. Mission The City hereby retains Consultant in the capacity as Consultant for provision of services described in Attachments A, B, C and D. Consultant hereby accepts such responsibility as described herein. However, the Director of Planning and Building Services may modify the scope of work if it is later determined that specified tasks are no longer necessary. 3. Tenns This Agreement shall commence as of the day and year first above shown and shall remain in full force and effect for a period of one year unless sooner terminated as provided herein. The Director of Planning and Building Services is authorized to extend this Agreement for up to six months and approve line item adjustments to the Agreement's program budget as long as either of such amendments are upon the same terms and conditions as specified herein. ' , 4. Consultant Resoonslbilitles Consultant shall complete the Scope of Work described in Attachment A. Consultant commits the principal personnel listed below for the duration of the project: 1 AGREEMENT POR PROPESSJ:ONAL SERVJ:CES BETWEEN THE CJ:TY OP SAN BElUlARDJ:NO AND EDAW, J:NC. 5. ReDlacement of Named Personnel It has been determined that the key personnel named in this Agreement are necessary for the successful performance of this Agreement as shown in Attachment B. No diversion or replacement of these individuals shall be made by Consultant without written consent of the Department, provided that the Department may ratify, in writing, within ten (10) days of diversion or replacement and such ratification shaH constitute the consent of the Department required by this clause. If the Department fails to respond to Consultant within ten (10) days of notification by Consultant, said personnel diversion or replacement shall be deemed approved. 6. Release of News Infonnation No news release, including photographs, public announcements or confirmation of same, of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the Director of Planning and Building Services. 7. Confidentialitv of Renorts Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder and that the Department designates as confidential. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of the Department. 8. Comnensation The CITY agrees to pay Consultant for the Scope of Work, as described in Attachment C for the Inland Center Mall Em Project. This amount will not exceed $119,107.00 for the total term of the AGREEMENT unless a change in the Scope of Work, as set forth in Attachment A, is agreed to in writing by the CITY and CONSULTANT and additional payment is approved by the CITY. Provided, however, the Director of Planning and Building Services may authorize a written change in scope not to exceed ten percent (10%foftheAGREEMENT. " Consultant shall submit invoices each four weeks based on the completion of the scope of work set forth in Attachment A. Payment shall be made within thirty (30) days of receipt of each invoice. Such payment shall be payable to EDA W, Inc. and mailed to EDA W, Inc., Department 1864, P.O. Box cfil000, San Francisco, California 94161-1864. 2 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. 9. DeDartment SUDDort The Planning and Building Services Department shaH provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to the services to be provided hereunder which are reasonably available to the Department. 10. Indenendent Contractor Consultant shall perform the services as contained herein as an independent contractor and shall not be considered an employee of the Department. This Agreement is by and between Consultant and the City, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the Department and Consultant. 11. Conflict of Interest Consultant agrees for the term of this Agreement not to enter into any agreement that wiH inure to the detriment of the City of San Bernardino. 12. Successor and Assil!Dment The services as contained herein are to be rendered by Consultant whose name is as appears fIrst above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of the Department. 13. Indemnification Consultant agrees to indemnify, defend, and hold harmless City and their agents, offIcers and employees from and against any and all1iability, expense and claims for damages to the extent caused by negligent acts, including, but not limited to, bodily injury, death, personal injury, or property damages arising from or connected with Consultant's operations, or its performance under this Agreement. 14. Insurallce " Consultant shall maintain during the entire term of this agreement Workers Compensation and General Liability Insurance and other insurance coverages as listed in Attachment D to this agreement. Certificates of Insurance showing these coverages shall be provided to the Director of the Planning and Building Services Department prior to commencement of work under the agreement. 3 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. IS. Comnliance with Laws The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. 16. Non-Discrimination In the fulfillment of the program established under this Agreement, either as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other terms of compensation, selection for training, including apprenticeship or participation in the program or the receiving of any benefits under the program, Consultant agrees not to discriminate nor to allow any subcontractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap. 17. Severabilitv In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 18. Internretation No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 19. Entire Al!l'eement This Agreement with Attachments A, B, C and D constitutes the entire understanding and agreement of the parties. ' , 20. Waiver No breach of any provision can be waived unless in writing. Waiver of anyone breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 4 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. 21. Contract Evaluation and Review The ongoing assessment and monitoring of this Agreement is the responsibility of the Director of Planning and Building Services or designee. 22. Tennination The City or Consultant may terminate this Agreement for any reason at any time by mailing by certified mail 30 days prior written notice of termination to the other party. In this event. the Consultant shall be paid the reasonable value of services rendered to the date of termination. In the event of any such termination, Consultant shall provide to City, without charge, all documents, notes, maps, reports and data accumulated to the date of such termination. Consultant further covenants to give its good-faith cooperation in the transfer of the work to the City or to any other consultant designated by City following such termination, and to attend and participate in any meetings at no cost to City as shall be deemed necessary by the Director of Planning and Building Services to effectively accomplish such transfer. 23. Notice Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows: To Consultant: Mr. Fred Talarico EDA W, Inc. 1920 Main Street, Suite 450 Irvine, California 92714 To City: Director of Planning & Building Services City of San Bernardino 300 North "D" Street, Third Floor San Bernardino, California 92418 " Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. . 1/1/ /11/ 1/1/ 5 AGREEMENT FOR PROFESS:IONAL SERV:ICES BETWEEN THE C:ITY OF SAN BERNARD:INO AND EDAW, :INC. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above shown. CITY OF SAN BERNARDINO BY: Mayor A ITEST: City Clerk Approved as to form and legal content: By: City Attorney CONSULTANT: " BY: Name Title 6 h "L..AND CENTER MALL Attachment A SCOPE OF WORK TASK 1.0 PROJECT INITIATION 1.1 Data Collection 1.2 Project Schedule TASK 2.0 PREPARATION OF ENVIRONMENTAL DOCUMENTS 2.1 Screencheck Draft Environmental Impact Report 2.2 Preliminary Draft Environmental Impact Report 2.3 Draft Environmental Impact Report 2.4 Response to Comments Document 2.5 Final Environmental Impact Report TASK 3.0 PREPARATION OF CERT1F1CATION DOCUMENTS 3.1 Statement of Findings and Facts 3.2 Statement of Overriding Considerations 3.3 Resolutions TASK 4.0 MITIGATION MONITORING PROGRAM 4.1 Draft Mitigation Monitoring Program 4.2 Final Mitigation Monitoring Program TASK 5.0 ATTENDANCE AT MEETINGS AND HEARINGS 5.1 Initial Kick-Off Meeting (I) 5.2 Scoping Meetings (2) 5.3 Staff Meetings (8) 5.4 Environmental Review Committee Meetings (2) 5.5 Planning,Commission Hearings (2) 5.6 City Council Hearings (2) " P:\AHI03O.NNI.AND.sco 1 TASK 1.0 PROJECT INITIATION SUBTASK 1.1 DATA COLLECTION The purpose of this subtask is to collect the existing data base for the proposed project All existing data to be provided by the City staff will be used in preparing the various work products outlined in this proposal. Concurrent with the collection of data, EDA W will work with City staff to clearly defme their objectives and expectations of the process including the methodology and significance criteria for each environmental topic. To complete this subtask, EDA W will accomplish the following: 1. EDA W will meet with City staff to determine data availability. 2. EDA W will review and analyze all existing data provided by the City including, but not limited to, the City of San Bernardino General Plan and zoning. 3. EDA W will prepare and submit to City staff a list of required additional information. 4. Upon receipt of all data, EDA W will prepare a comprehensive list of references to be used by the project team. SUBTASK 1.2 PROJECT SCHEDULE The purpose of this subtask is to develop and maintain a project schedule. A tentative schedule will be developed based upon discussion at the project initiation meeting with the City staff. The tentative schedule will be placed in a computerized chart format and fmalized upon review and approval by the City staff. Any necessary changes to the project schedule will be made with concurrence by the City staff and EDA W. In order to develop and maintain an appropriate, reasonable schedule. EDA W will complete the following: 1. The EDA W Director will meet with the City staff to review the computerized tentative schedule with defmitive milestone dates for all work products and ranges of dates for all meeting and hearings. 2. The EDA W Director will fInalize the project schedule, provide copies to the City and project team, and maintain the schedule on an on-going basis." 3. Any revisions to the project schedule will be discussed by the City staff and the EDA W Director and revised copies of the schedule will be provided to the City and project team. P:\4NI03ONNLAND.5CO 2 TASK 2.0 PREPARATION OF ENVIRONMENTAL DOCUMENTS All environmental documentation for the proposed project will be prepared by EDA W in accordance with CEQA (Public Resources Code Section 21000 et seq.), the State CEQA Guidelines, and the City of San Bernardino procedures for preparing EIRs. All environmental documentation will be prepared to reflect format and contents that are legally defensible. The preparation process of the EIRs will be conducted to minimize, rather than add to, the controversy of the project by: utilizing the CEQA process as an information gathering and public information process; utilizing the structure of the CEQA process to receive input on the scope of the environmental issues to be addressed and to provide written responses to address the issues and concerns expressed by the public; and using each step in the CEQA process to build an adequate, legally defensible EIR. This has started with the Initial Study, continues throughout the preparation of the EIR and the Response to Comments and concludes with the Statement of Findings and Facts. All documents will be presented in text and exhibits that are easily understood by the public and can be implemented by City staff upon its certification. SUBTASKS 2.1, 2.2, AND 2.3 SCREENCHECK DRAFI', PRELIMINARY DRAFI', AND DRAFI' ENVIRONMENTAL IMPACT REPORT EDA W will prepare a Screencheck Draft EIR for submittal to the City for review and comment. Upon incorporation of all revisions and comments, EDA W will submit a Preliminary Draft EIR for [mal approval by City staff. Upon [mal approval of the Preliminary Draft EIR by City staff, the Draft EIR will be printed by EDA W and distributed by the City to the appropriate agencies and interested parties. Each EIR will address the full range of environmental topics as determined by the Initial Study and required by CEQA, the State CEQA Guidelines, and the City of San Bel'l).ardino. Based on the information provided through the RFP process, the following is a brief description of each section of the EIR including a discussion of the general contents and the methodology and assumptions to be used in the analyses. INTRODUCTION " This section will briefly describe the project location and general characteristics, the purpose of the EIR, the format and content of the EIR, CEQA requirements, and project history. SUMMARIES This section will contain three summaries: the Executive Summary; the Project Summary of Impacts, Mitigation Measures, and Level of Significance; and the Summary of Alternatives to the Proposed Project. Prior to the preparation of these summaries, EDA W will meet with City P:\,4N'103ONNIAND.8CO 3 staff to discuss and identify format and content. The identified format will enable the City staff to incorporate the summaries into future staff reports for the project. Each summary is described below. Executive Summary An Executive Summary will be prepared for the EIR in accordance with CEQA and the State CEQA Guidelines. The Executive Summary will provide the casual reader of the EIR with an opportunity to understand the project and its implications. The Executive Summary will include: . Project Description (with illustrations) . Applicant, Lead Agency, Responsible Agency Information . Narrative Summary of Impacts, Mitigation Measures, and Level of Significance . Narrative Summary of Alternatives to the Proposed Project Proiect Summary of Imoacts. Mitil!ation Measures. and Level of Sil!nificance This matrix summary will provide a brief summary of all potential impacts of the project, recommended mitigation measures. and the level of significance of each impact. This summary will list the cumulative impacts of this project as well as specific project related impacts. These impacts will be called out separately so that the reader may understand the effects of both the project and other development that is occurring in surrounding areas. Summary of Alternatives to the Prooosed Proiect This matrix summary will provide a comparison of the impacts of all alternatives to the proposed project. It will provide in a tabular format the following data: . Alternative Descriptions (General) . Whether Alternative is Under Consideration . Whether Alternative is Superior to ~e Proposed Project PROJECT DESCRIPTION This section will describe the location, boundaries, and the characteristics of the proposed project. EDA W will identify th~project applicant and other key contacts, defme the objectives of the project as proposed by the project applicant and the City, list the required discretionary actions for project approval, and provide a discussion of how the EIR will be used and implemented. Where appropriate this information will be illustrated with graphics including, but not limited to, an exhibit with the project location and boundaries shown on USGS topographic maps. EDA W will prepare a detailed discussion of past environmental documents including the proper citations for p~t environmental documents related to the project site and their incorporation by reference into the EIR. The incorporation by reference of environmental documents will be accomplished in accordance with Section 15150 of the State CEQA Guidelines. The incorporation will include where the information is available for public review. P:\ANI030NNLAND.sco 4 DESCRIPTION OF LOCAL AND REGIONAL LAND USES RELATING TO THE PROPOSED PROJECT This section will establish the overall setting for the analysis of the proposed project and project alternatives. It is intended that both be understood from a local and regional perspective. This section will provide the basis for understanding the project's impacts on the Carousel Mall, impacts on more traditional downtown areas, and on the potential for similar projects in any adjacent jurisdiction. This section is discussed below. Local This section will describe the existing land uses and applicable land use plans on and adjacent to the project site. EDA W will discuss relevant planning and circulation considerations in the City of San Bernardino. A list of major projects in the City of San Bernardino utilized in the analysis will be developed. This may be accomplished by Traffic Analysis Zone (T AZ) or other mutually agreed upon units of analysis. Rel!ional This section will list and illustrate the location of approved and proposed projects within the region. It will include a description of adjacent areas. This section will focus on the past, present, and reasonably foreseeable future projects of a similar scale and character. This will provide the basis for the analysis of the cumulative impacts of the proposed project in conjunction with other approved and proposed projects. It is intended that the section provide the reader with the information necessary to understand each component of the proposed development within its local environment and provide data necessary to understand their importance in the subregional and regional perspective. In order to establish the local and regional land uses related to the proposed project, EDA W will take the following actions: 1. EDA W will meet with City staff and each applicant to prepare a list of past, present, and reasonably foreseeable future projects in the City of San Bernardino and the unincorporated County. These will be the cumulative projects. 2. EDA W will complete the proposed project description. The project desenption will be revised and approved by the City. 3. The project description and list of the cumulative projects will be reviewed and approved by the City of San Bernardino. 4. ~A W will transmit the documents, verify that they were received, and request a response from affected jurisdictions. 5. EDA W will meet, if necessary. with the staff at the County, adjacent Counties, and swrounding Cities to verify the cumulative projects assumptions. P:\ltHI030NNLAND.sco 5 6. EDA W will record all actions in Appendix A of the EIR. ENVIRONMENTAL SETI1NG, IMPACTS, MITIGATION MEASURES, AND LEVEL OF SIGNIFICANCE This section will describe the existing environmental setting for the project study area, analyze all potential impacts, and recommend mitigation measures related to each project. Each impact section will discuss project-specific and cumulative impacts. EDA W will use the State CEQA Guidelines, the City General Plan, and/or local policies to establish thresholds of significance for each environmental topic. A full range of mitigation measures will be discussed and evaluated for feasibility and effectiveness. All mitigation proposed will specify the responsible party and appropriate timing of the measure. Following the discussion of impacts and mitigation measures, the resulting level of significance will be stated. The environmental topics will be discussed to the level of detail necessary in the EIR. To extent possible, existing information contained in previous documentation will be used. Each environmental topic will be addressed in the following manner: EXISTING CONDmONS IMPACTS State and/or City Impact Criteria Project-Specific Cumulative MITIGATION MEASURES LEVEL OF SIGNIFICANCE Impacts Found to be Insignificant Impacts Mitigated to a Level of Insignificance Impacts Mitigated yet Remain Significant Impacts that Cannot be Mitigated and are Significant SeismicitvlLiauefactian. . '. It is anticipated that earth resources will have an impact on the proposed Inland Center Mall. Solus Geotechnical Corporation in association with EDA W will conduct a review of the geotechnical information and resources available. We will summarize this technical information in the EIR. The following ~teps will be taken: 1. Solus Geotechnical Corporation will conduct a review of the geotechnical information. Liquefaction issues and regional seismicity will be analyzed. P.:'ANl()]()NNI.AND.sco 6 2. EDA Wand Solus Geotechnical Corporation will identify all potential project-specific and cumulative earth resource impacts. 3. EDA W and Solus Geotechnical Corporation will propose mitigation measures for identified earth resource impacts. 4. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. Air Ouality It is anticipated that the expansion of the Inland Center Mall will have a potential impact on air quality. EDAW will conduct an air quality analysis addressing the impact of each proposed project on existing ambient air quality and the exposure of people to pollutant concentrations. The study will be based upon the traffic volumes provided in the traffic study and the levels of proposed development. The air quality study will contain both an analysis of regional and local air quality impacts and consistency with regional air quality management planning. The following steps will be taken: 1. EDA W will describe the current air quality in the vicinity of each proposed project. The local atmospheric setting will be characterized based on available climatic data and on Air Pollution Control District air quality monitoring summaries. 2. EDA W will conduct an air quality analysis which will include calculations of stationary source emissions associated with the proposed project. The project's electrical and natural gas consumption will be calculated by the Air Pollution Control District's estimate of project generated emissions. 3. The Urbemis 4 computer model, developed by the California Air Resource Board., will be used to calculate project ge!lerated mobil source emissions. 4. Temporary construction impacts, especially with regard to fugitive dust emissions from construction, will be evaluated and quantified. 5. EDA W will re.view any published materials prepared by the project proponent related to release of hazardous materials during construction. " 6. Any changes in regional transportation activity emissions due to project implementation in terms of a regional emissions burden will be estimated. 7. Project consistency with the Air Quality Management Plan will be discussed. - 8. EDA W will propose mitigation measures for identified air quality impacts. 9. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. P:\ANI03ONNLAND.SCX> 7 Noise Development of the proposed Inland Center Mall will result in short-term and long-term increases in ambient noise levels. The proposed offsite impacts are related to vehicular traffic. On site noise impacts include loading dock areas, mechanical equipment, and other similar noise generating sources. EDA W will prepare a noise analysis of the proposed project. EDA W will summarize the analysis in the EIR. The following steps will be taken: 1. EDA W will review existing noise data for the project vicinity. 2. EDA W will use the FHW A highway noise model ("FHW A Highway Traffic Noise Prediction Model," FHWA-RD-77-108) to describe existing noise levels in the project vicinity. Community noise standards relevant to this project contained in the City of San Bernardino Noise Element of the General Plan and the Noise Ordinance will be identified. 3. EDA W will determine the increase in noise levels due to the project. Areas that will experience a significant noise increase will be identified and the resulting land use/noise compatibility discussed 4. EDA W will propose mitigation measures for identified noise impacts. 5. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. Land Use It is anticipated that each proposed project will have an impact on existing land use. The expansion of the Inland Center Mall will impact existing retail and commercial businesses in the downtown area. EDAW in association with Tischler & Associates, Inc. (TA) will prepare a socioleconomic market impact study that will be summarized into the Draft EIR. The study will . focus on the local and regional retail industry. We will indicate potential physical changes caused by the economic or social effects of the proposed Inland Center Mall project and the Carousel Mall project individually and cumulatively. The following steps will be taken: " 1. Tischler & Associates. Inc. and EDA W will describe the existing on-site and off-site land uses and the adopted land use plans. 2. EDA W in association with Tischler & Associates, Inc. will propose mitigation measures to redw;e identified land use impacts related to physical changes caused by the economic or social effects of the proposed Inland Center Mall project and the Carousel Mall project individually and cumulatively. P:'ANI03ONNlAND.5CO 8 3. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. TransuortationICirculation It is anticipated that the proposed projects will have an impact on traffic and circulation. Kaku Associates will prepare a technical traffic report on the existing traffic and circulation conditions in the vicinity of the project site for the Inland Center Mall project and the impacts related to the proposed project. EDA W will summarize the technical report in the Ern.. The following steps will be taken: 1. Kaku Associates will inventory the existing street system serving the entire study area (for all alternatives), including number of lanes, street widths, traffic control devices, parking, and operational characteristics. Any existing traffic volume data, including 24-hour counts and peak hour intersection turning movement counts, will be identified and gathered by the consultant, working with the affected agencies! jurisdictions. Any additional pertinent data will also be collected, including previously conducted traffic studies for projects in the area. It is anticipated that recent and valid traffic counts would be available. An assessment will be made of existing operating conditions and constraints within the study area. Existing peak hour levels of service will be quantified at the intersections identified. 2. Kaku Associates will develop future traffic projections at the identified locations for the following scenarios: Project Opening Day; Project Opening Day + Project Conditions; Year 2010 Cumulative Base Conditions; and Year 2010 Cumulative Base + Project Conditions. 3. Kaku Associates will assess future intersection operating conditions based upon peak hour levels of service for the three time periods. The percent contribution of the proposed project will be determined at each analyzed intersection and freeway location. 4. For the most critical time period, the peak month afternoon peak hour, Kaku Associates will evaluate all access points for the mall for their adequacy from both a capacity/operational and safety perspective. Also, for this same time period, internal circulation and parking supply will be evaulated and improvements/modifications will be recommended if needed. 5. Kaku Associates will defme all project-specific and cumulative transportation/circulation impacts of the proposed project. 6. Kaku Associates and EDA W will propose mitigation measures for identified impacts. 7. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. P:'l,/lNIOJONNLAND.sc:o 9 Public Utilities The proposed Inland Center Mall expansion will result in an increase in utility usage. The specific focus of the EIR will be on the adequacy of water supply and sewer treatment. Evaluation of cumulative impacts will need to be addressed for the Inland Center Mall expansion and cumulati ve projects. EDA W will determine if adequate infrastructure is available for existing and future development of the proposed project site. In order to thoroughly evaluate any impact the proposed project may have on public utilities, EDA W will contact in writing the following utilities providing service to the proposed project. Each utility will be sent a questionnaire to assess the impacts of the project on their service levels. The following steps will be taken: WaterJSewer 1. EDA W will describe how water and sewer service will be provided to the project site. 2. EDA W will assess the location, source, and capacity of these systems to serve the proposed project. 3. EDA W will identify all project-specific and cumulative impacts. 4. EDA W will propose mitigation measures for identified impacts. 5. Based upon the proposed mitigation measures, EDA W will defme the level of significance for each project-specific and cumulative impact. ALTERNATIVES TO THE PROPOSED PROJECT . . This section will evaluate the alternatives listed below. These alternatives will be evaluated in sufficient detail to afford project decision makers the opportunity to select either one alternative project or portions of alternatives. An alternatives matrix will provide a comparative analysis of each alternative in a tabular format This matrix will present the defmed alternatives and their respective impacts. lbe. alternatives section will describe each alternative and discuss whether it has been rejected from further consideration. EDA W will evaluate alternatives which' may eliminate or reduce to a level of insignificance any significant adverse impacts associated with the project . No Project Alternative No Development - Development Under Existing General Plan/Zoning . Reduced Intensity Alternative P:\CNI03ONNlAND.sco 10 . Development at Another Location Alternative (Carousel or other location per EIR and socio/economic market analysis) The following action will be taken related to the analysis of alternatives: I. EDA W will meet with City staff and each applicant to establish a description of each alternative. Each potentially viable alternative will be included. 2. EDA W will request written verification of alternatives received related to the NOP. 3. Each alternative will be evaluated as follows: General Infonnation . Description of Alternative . Whether Alternative is Under Consideration . Whether Alternative is Superior to the Proposed Project . Whether Alternative is Rejected from Further Consideration Environmental TODics . Project Impacts . Alternatives ReductionlElimination of Impact . Qualitative and/or Quantitative Analysis Alternative ImDacts . Alternative Impacts that are not Project Impacts . Alternatives Contribution to Cumulative Impacts Reiection Rationale 4. EDA W will key the rejection rationale for any alternative to the fmdings required for the Statement of Findings and Facts (Subtask 3.1). LONG-TERM IMPLICATIONS OF THE PROPOSED PROJECT " The focus of this section is discuss the long-term results of the proposed project with a focus on the potential for growth inducement. The following will be analyzed in this section. P:'ANI0J0NNIAND.500 11 The Relationshin Between Local Short-Term Uses of the Environment and the Maintenance and Enhancement of LaD!!- Term Productivitv The approval of a development project represents the long-term commiunent of a site to urban uses. It also precludes the use of the individual site for uses other than those ultimately selected by the decisionmakers. EDA W will discuss the long-term commitment to uses of the site and evaluate the short-term impacts of the project that will ultimately occur from project implementation. Actions necessary to implement the project. when approved. will be outlined and discussed in this section. Sienificant Irreversible Environmental ChaD!!es Which Would Be Involved In the Pronosed Action Should It Be Imnlemented Approval of the development project will irreversibly commit the site to urban uses. EDA W will evaluate the impact of the project and indicate any actions that represent significant irreversible environmental changes. Growth-InduciD!! Imnacts of the Prooosed Action The project represents a change in land use. The implementation of the project will signal the need for additional governmental services and other facilities in the community. This section will indicate the overall and site specific growth-inducing impacts of the project. We will discuss other vacant parcels in the vicinity of the project. The growth-inducing impacts of this project, in conjunction with other past, present, and reasonably foreseeable future projects. will be discussed. ENVIRONMENTAL SUMMARIES EDA W will provide a series of environmental summaries in the EIR. These summaries are intended to accomplish the following: . Provide an accurate transition from the Initial Study to the Certification Documents related to the project. Establish an exact cross check related to each conclusion made in the environmental process. Provide<the City staff with a ready reference for environmental policies and requirements. ' , Assure that all appropriate mitigation measures are listed in one location so they can be ready referenced as conditions of any project approval. Provide a single location to prepare Findings and Facts. . . . . EDA W will provide the following Environmental Summaries: Summa" of Mitintion Measures In addition to the discussion of recommended mitigation measures within each topical section, EDA W will provide a summary list of all proposed mitigation measures. P:\4NI03ONNLAND.5CO 12 Summarv of ImDacts Found Not to be Shmificant EDA W will prepare a summary of those impacts which were determined to be insignificant. Summarv of ImDacts Miti2ated to a Level of Insi2nificance EDA W will provide a summary of impacts reduced to a level of insignificance through implementation of mitigation measures. Summarv of Unavoidable Adverse ImDacts of the ProDosed Project EDA W will prepare a summary of all unavoidable adverse impacts of the proposed project. This summary will serve as the basis of the preparation of the Statement of Findings and Facts. The inventory of unavoidable adverse impacts will include a summary of the findings of previous environmental documentation that are incorporated by reference. This will allow decision makers to determine the relative impact of the project in concert with other past, present, and reasonably foreseeable future projects. This concept is consistent with the most recent interpretations of CEQA and the CEQA Guidelines. REPORT PREPARATION RESOURCES Ol'l!anizations and Persons Consulted This section will be provided in accordance with the requirements of CEQA and the City and will list all individuals and agencies that were contacted during the preparation of the EIR. PreDarers of and Contributors to the Reoort This section will also be provided in accordance with the requirements of CEQA and the City. It will list those individuals from EDA W, the City of San Bernardino, and technical subConsultants who were involved in the preparation of the EIR. References This section will provide a listing of all reference material used during preparation of the EIR. All references used in the preparation of the report will be made available to the City 'Of San Bernardino during the official review period for the EIR. The references will be held in the office of EDA W and will be delivered to the City within twenty-four hours of request. APPENDICES The Appendices to the EIR will contain the following: P:\ANI03ONNLAND.sco 13 Inland Center Mall Appendix A - Public Panicipation and Review Appendix B - Earth Resources Assessment Appendix C - Air Quality Assessment Appendix D - Noise Assessment Appendix E - Land Use Assessment Appendix F - Traffic/Circulation Report Appendix G - Sewer/Water Assessment Appendix H - Correspondence SUBTASK 2.4 RESPONSE TO COMMENTS DOCUMENT EDA W will prepare a Response to Comments Document for the Draft EIR in accordance with Section 15088 of the State CEQA Guidelines. It is presently anticipated that these responses will be prepared immediately preceding the Planning Commission Public Hearing on the project. Responses will be coordinated with the City staff for review and approval by the Environmental Review Committee. SUBTASK 2.5 FINAL ENVIRONMENTAL IMPACT REPORT Following review and approval of the Response to Comments Document by the City Council. EDA W will prepare an Administrative Final EIR. The Administrative Final EIR will be a compilation of all documents utilized in the analysis of the proposed project. The reader will be able to "track" the entire project from the Initial Study analysis to the Final EIR. Upon review and approval of the Administrative Final EIR. EDA W will provide the City with a Final EIR. " ~'ANI030NNlAND.sco 14 TASK 3.0 PREPARATION OF CERTIFICATION DOCUMENTS SUBTASK 3.1 STATEMENT OF FINDINGS AND FACTS Based on the contents of the Draft EIR and the actions of the Planning Commission. EDA W will prepare a Draft Statement of Findings and Facts for consideration by the City staff. The statement will detail: Effects Determined to be Insignificant in the Initial Study and the EIR; Impacts Mitigated to a Level of Insignificance; Unavoidable Adverse Impacts; and the Rejection of Alternatives and possibly Mitigation Measures. The process for the Findings and Facts begins with the preparation and format of the Initial Study and is carried throughout the Draft EIR. Response to Comments, and Final EIR. Subsequent to City staff review of the draft. EDA W will prepare a Statement of Findings and Facts for consideration by the City Council. SUBTASK 3.2 STATEMENT OF OVERRIDING CONSIDERATIONS Section 15093 of CEQA requires the decisionmaker to balance the benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the project. IT a public agency approves a project which will have an adverse environmental effect. the agency must make a statement which lists the factors and public benefits that were considered in the decision making process. A Draft Statement of Overriding Considerations will be prepared by EDA W based on the testimony presented at the Planning Commission Hearings. Subsequent to City staff review, a Statement of Overriding Considerations will be prepared for consideration by the City Council. SUBTASK 3.3 RESOLUTIONS EDA W will prepare draft resolutions for City staff review related to the review of the environmental documents by the Planning Commission and certification by the City Council. The resolutions will incorporate by reference the approval/denial from the Planning Commission, CertificatiQll of the EIR, Findings and Facts, Statement of Overriding Considerations, and approval of the project. " P:\ANI03ONNlAND.sco 15 TASK 4.0 MITIGATION MONITORING PROGRAM SUBTASK 4.1 AND 4.2 DRAFT AND FINAL MITIGATION MONITORING PROGRAM EDA W will prepare the Draft and Final Mitigation Monitoring Program (MMP). The purpose of this work effort is to ensure that proposed mitigation measures included in environmental documentation are implemented to reduce or eliminate significant detrimental project-related impacts to the environment. The MMP will be developed in conjunction with the preparation of the Certification Documents. The program will be approved as part of the project by the City. Subsequent to the approval of the fmal program, EDA W will make any necessary corrections to reflect staff comments and Planning Commission and City Council actions. ORGANIZATION AND FORMAT OF MONITORINGIREPORTING PROGRAM The MMP will be specifically tailored to the EIR. It will be developed as a stand alone report. The basis of the program will be consistent with other City monitoring programs. This program will guide the approved project through the monitoring/reporting process through the following steps: . Project Description . Summaries . Identification MonitoringlReporting Actions and Development of Checklist . Timing of Monitoring Plan and Program . Assignment of Enforcement Responsibility . Designation and Assignment of Penalties The following is a brief description of each of the sections of the MMP. PROJECT DESCRIPTION EDA W will prepare a fmal project description. The project will be described in detail. This discussion will include statistical information about the project as approved such as total gross acreage, gross acreage< of development and phasing of development. Also provided in the description will be specific information regarding the type of development included 'iD the approved land use plan. The project description will include a discussion of any changes to the project resulting from future implementation of the mitigation required for project approval. These alterations shall be graphically presented in the monitoring/reporting program text. P:'ANI030NNUND.5CO 16 SUMMARIES Summary of ImDacts A summary of all significant impacts will be provided in list form. Summary of Mitil!ation A summary of recommended mitigation measures will be provided in list form. All measures included on this list will be those anticipated to be recognized as Conditions of Approval for the proposed project. Any rejected mitigation measure will be noted. In the Final MMP they will be provided as approved by the City Council. REFERENCE CHECKLIST A checklist tailored to the project will be developed by EDAW. This checklist will be timing- oriented in terms of the phase of the project and necessary monitoring intervals. For instance, monitoring may occur prior to, during, or following construction either on a weekly, monthly, or annual basis. Mitigation measures will be separated on the checklist into categories based on timing or mitigation rather than a grouping or type. The checklist will include the following: . Mitigation Measure . Timing . Responsibility . Compliance . Designation! Assignment of Penalties " P:\ANIOlONNLAND.sco 17 TASK 5.0 ATTENDANCE AT MEETINGS AND HEARINGS SUBTASK 5.1 INITIAL KICK-OFF MEETING Mr. Fred Talarico and Ms. Lauren Jue will attend one (1) initial kick-off meeting with City staff to begin the project. SUBT ASK 5.2 SCOPING MEETINGS Mr. Fred Talarico and Ms. Lauren Jue will attend two (2) public scoping meetings. We recommend that two (2) sessions of the Scoping Meeting be held. One for public agencies and the second for interested citizens. If necessary. attendance at additional scoping meetings will be provided on a time and materials basis. SUBTASK 5.3 STAFF MEETINGS Mr. Fred Talarico and Ms. Jue will attend eight (8) meetings with City staff. If necessary. attendance at additional staff meetings will be provided on a time and materials basis. SUBTASK 5.4 ENVIRONMENTAL REVIEW COMMITIEE MEETINGS Mr. Talarico and Ms. Jue will attend two (2) Environmental Review Committee meetings. EDA W will be prepared to make all necessary presentations and answer any questions related to the environmental document. SUBT ASK 5.5 PLANNING COMMISSION HEARINGS Mr. Talarico and Ms. Jue will attend two (2) Planning Commission Hearings. EDA W will be prepared to make all necessary presentations to the Planning Commission and answer any questions related to the environmental document. If necessary. attendance .at additional public meetings will be provided on a time and materials basis. SUBT ASK 5.6 CITY COUNCIL HEARINGS Mr. Talarico and Ms. Joe will attend two (2) City Council Hearings. EDA W will be prepared to make all necessary presentations to the City Council and answer any questions related to the environmental document. If necessary. attendance at additional public meetings will be provided on a time and materials basis. P:\4NI03ONNIAND.SCO 18 ~ DELIVERABLES The following is a list of deliverables with a number of copies we propose to provide the City. EDA W will submit these documents in accordance with the project schedule. Deliverables Number of CODies Screen check Draft EIR Screencheck Draft EIR Appendices Preliminary Draft EIR Preliminary Draft EIR Appendices Draft EIR Draft EIR Appendices Draft Response to Comments Document Response to Comments Document Final EIR Final EIR Appendices Draft Statement of Findings and Facts Final Statement of Findings and Facts Statement of Overriding Considerations Resolutions Draft Mitigation Monitoring Program Final Mitigation Monitoring Program 10 10 10 10 75 75 10 75 10 10 10 10 10 10 10 10 " P:\ANI030J\INLAND.5CO 19 ORGAN)ZATON CHART Attachment B " City of San Bernardino MAC4NI03011'tm694lOrJ EDAW Attachment C . ...... EDA W will complete the proposed scope of services on a time and materials basis for a not-to- exceed budget of $119,107.00 for labor, subconsultants. and expenses. The not-to-exceed budget of $119,107.00 is based on the assumption that the following subtasks for the Inland Center Mall and Carousel Mall EIRs are performed concurrently (concurrently defmed as within approximately 2 months of each other): . Subtask 1.1 Subtask 1.2 Subtask 5.1 Subtask 5.2 Data Collection Project Schedule Initial Kick-Off Meeting (1) Scoping Meetings (2) If the above listed subtasks are not performed concurrently (within approximately 2 months of each other), the fees for these subtasks will need to be renegotiated to provide for necessary work efforts. EDA W will bill every four (4) weeks, not necessarily on the first of each month, on a time and materials basis. Each invoice will contain a detailed description of services performed during the billing period. Expenses, which will be billed separately, will include printing, graphics, word processing, photography and reproduction, rental or purchase of special equipment and . materials, long distance telephone, fax, special shipping or delivery, lodging, travel (airfare), car rental, mileage, and subsistence. The following is an overall summary of the budget by labor. subconsultants. and expenses. The following pages provide EDA W's standard hourly rate schedule and invoicing and payment policies. EDA W Labor $65,402.00 Subconsultants Kaku Associatesdnc. Solus Geotechnical Corporation Tischler & Associates, Inc. $28,4~~.00 2,500.00 15.750.00 $46,705.00 Expenses $7,000.00 Total Budget -- $119,107.00 P:'ANI03ONNLAND.sco 1 EDA W'S Standard Hourly Rate Schedule Effective January 1, 1994 SCHEDULE OF FEES for Professional Services Time Charges Hourlv Rate Range Principals Senior Associates Associates Professional, Administrative & Word Processing Staff $100.00 - $175,00 $75.00 - $125.00 $50.00 - $ 91.00 $30.00 - $ 75.00 EDA W's hourly rate schedule is subject to adjustment in January and July of each year. Reimbursable Exoenses Consultants: Cost plus 10%. Travel: Private vehicles @ $0.29 per mile. Commercial travel and related expenses at cost plus 10%. Computer: Computer Aided DesignlDrafting @ $25.00 - $35.00 per hour, depending upon the complexity of software and required peripheral equipment. Microcomputers used for CADID will be billed at $25.00 - $35.00 per hour based on the actual application. Microcomputers other than for CADID applications @ $10.00 per hour. Taxes: Any tax and/or fees imposed by a taxing authority based upon gross revenues or sales shall be reimbursable in addition to the fee stated in this contract. Other project expenses: Cost plus 10%. Such as: Printing. graphics. photography and reproduction, rental or purchase of special equipment and materials, long distance telephone. telex. fax, special shipping or delivery. models and renderings, lodging and subsistence. P:'o,4NI03ONNLAND..sc:o 2 , INVOICING AND PAYMENT POLICIES 1. In contracting with EDA W, Inc. for professional services, client warrants that funds are available to compensate EDA W for the total amount of services and expenses contracted and that these funds are neither encumbered nor contingent upon subsequent granting of approvals, permits or fmancial commitments by lending institutions or other third parties. 2. Invoices are submitted by EDA W each four weeks (not necessarily falling on the first or last day of the month). Client shall notify EDAW, in writing, of any and all objections, if any, to an invoice within ten (10) days of the date of invoice. Otherwise, the invoice shall be deemed proper and acceptable by the Client. Amounts indicated on invoices are due and payable immediately upon receipt. Client's account will be considered delinquent if EDA W, Inc. does not receive full payment within thirty (30) days after the invoice date. 3. A service charge will be applied at the rate of 1.5 percent per month (or the maximum rate allowable by law) to delinquent accounts. Payment thereafter will be applied first to accrued interest and then to the principal unpaid by the Client. Client shall pay all costs and expenses, including without limitation, reasonable attorneys' fees and expenses incurred by EDA W in connection with the collection of delinquent accounts of Client. 4. If a delinquency by Client occurs, EDAW, Inc. may choose to suspend work. If such a decision to suspend work is made, EDAW, Inc. will notify Client in writing. EDAW may choose to recommence work once a delinquency is completely cured and any and all attendant collection costs, fees, increases in costs or fees, or other amounts required to be paid by Client under this agreement are made in full. If a delinquency by Client occurs and EDA W, Inc. chooses not to suspend work, no waiver or estoppel shall be implied or inferred. Client agrees and understands that if EDA W, Inc. decides to so suspend its work, EDA W shall not be liable for any costs or damages, including but not limited to delay and consequential damages, to the Owner, Client, or any other third party, that may arise from or be related to such a work suspension. Client agrees to hold EDA W, Inc. harmless from and completely indemnify EDAW from and against any and all damages, costs, attorney's fees, and/or other expenses which EDA W, Inc. may incur as a result of any claim by any person or entity arising out of such a suspension of work. 5.. If any litigation, arbitration, or other legal action arising out of this contract ensues, the prevailing party shall be entitled to, without limitation, reasonable attorney's fees, expenses, expert fees, and costs. 6. When non-standard billing is requested, time spent by office administrative personnel in preparation is a cost to the project and charged as technical labor . ,. LIMITATION OF UABILITY EDAW's liability for damage on account of any aCt, error, omission or other professional negligence shall be limited to a sum not to exceed $50,000 or our fee, whichever is greater. P:\ANI03ONNlAND.500 3 . . - Attachment D Broker: Professional Practice Insurance Brokers, Inc. WORKERS' COMPENSATION - CALIFORNIA Insurance Co.: American Motorists Insurance Company Policy Number Policy Dates Liability Limits 3CW235534-02 9/1/93-9/1/94 $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee WORKERS' COMPENSATION - ALL OTHER STATES Insurance Co.: American Motorists Insurance Company Policy Number Policy Dates Liabilitv Limits 3CQ265819-02 5/1/94-5/1/95 $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee GENERAL LIABll..ITY Insurance Co.: Zurich Insurance Company Policy Number Policy Dates Liabilitv Limits CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers. Inj. $1,000,000 per occ. CP05181149-06 7/1/94-7/1/95 HIRED & NON OWNED AUTOMOBll..E Insurance Co.: Zurich Insurance Company Policy Number Policy Dates Liabilitv Limits CP05181149-06 7/1/94-7/1/95 CSL $1,000,000 EXCESS LIABll..ITY (UMBRELLA FORM) Insurance Co.: Zurich Insurance Company Policy Number Policy Dates Liabilitv Limits Single $4,000,000 occurrence Single $4,000,000 aggregate CU5181150=-06 7/1/94-7/1/95 ~103ONNIAND.sco 1 . . PROFESSIONAL LIABILITY Insurance Co: Continental Casualty Company . Policy Number Policy Dates Liabilitv Limits AAE823-40-67 3/24/94-3/24/95 $2,000,000 aggregate FOREIGN GENERAL LIABILITY Insurance Co: Kemper Insurance Company Policy Number Policy Dates Liabilitv Limits PENDING 7/1194-7/1195 CSL $1,000,000 per occurrence Pers Inj. $1,000,000 per occ. The aggregate limit is the total insurance available for claims presented within the policy for all operations. CSL stands for "Combined Single Limit." 30 day notice of cancellation is a standard request for certificates; there is no additional charge. Naming the client as additional insured on the policy is also fairly standard; however there is a $50 charge per request. These are billed to the office and in turn should be billed to the client. Primary coverage requirements are an additional charge; consult the business manager. Insurance Co: Zurich Insurance Company FOREIGN GENERAL LIABILITY Policy Number Policy Dates Liabilitv Limits CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers: Inj. $1,000,000 per occ. CGL6422244-01 7/1194-7/1195 , , P:'ANI030NNI..A.ND.sco 2