HomeMy WebLinkAboutCDC/2009-42
(NOTE: COMPANION RESOLUTION CDC/2009-41)
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RESOLUTION NO. CDC/2009-42
RESOLUTION OF THE COMMUNlTY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE ClTY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE
AGENCY AND RBF CONSULTING, TO PROVIDE CONSULTANT
SERVICES IN CONNECTION WlTH THE PREPARATION OF A PROGRAM
ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED PROJECT
AREAS MERGER AND PLAN AMENDMENTS (CENTRAL ClTY NORTH,
SOUTHEAST INDUSTRIAL PARK, TRI-ClTY, SOUTH VALLE,
MEADOWBROOK/CENTRAL ClTY, CENTRAL ClTY SOUTH AND
CENTRAL CITY EAST)
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WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
public body, corporate and politic existing under the laws of the State of California, California
Community Redevelopment Law, Health and Safety Code 33000, et seq. (the "CRL"), and is
charged with the mission of redeveloping blighted and underutilized land; and
WHEREAS, the Community Development Commission of the City of San Bernardino (the
"Commission") is the governing body for the Agency; and
WHEREAS, the Agency seeks to prepare the necessary documentation for the merger and/or
amendment of certain redevelopment area plans (Central City North, Southeast Industrial Park, Tri-
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City, South Valle, Meadowbrook/Central City, Central City South and Central City East); and
WHEREAS, the California Environmental Quality Act (the "CEQA"), Section 15378 (a) (I),
defines this type of activity to be a project; and
WHEREAS, CEQA Section 15063, outlines the preparation of a preliminary analysis to
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determine the projects' impact on the environment; and
WHEREAS, CEQA Section 15168, provides for the preparation of Program Environmental
Impact Report (the "Program EIR"); and
WHEREAS, on May 5, 2009, the Agency issued a Request for Proposal for the preparation
of a Program EIR for the merger and/or amendment of certain redevelopment project area plans; and
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1 WHEREAS, on June 8, 2009, the Agency received ten (10) proposals for the preparation of
2 a Program EIR for the merger and/or amendment of certain redevelopment project area plans; and
3 WHEREAS, the Agency reviewed the proposals and interviewed the most qualified
4 consultants; and
5 WHEREAS, on July 9, 2009, the Redevelopment Committee of the City of San Bernardino
6 (the "Redevelopment Committee") recommended to the Commission approval of a contract for
7 professional services (the "Contract"), attached hereto, by and between the Agency and RBF
8 Consulting (the "Consultant"), to accomplish any and all tasks necessary to prepare, complete and
9 certify a Program EIR for certain redevelopment project areas; and
10 WHEREAS, the Redevelopment Committee recommended that the Commission approve
11 this Contract and authorize the Interim Executive Director of the Agency to execute said Contract.
12 NOW, TIlEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF TIlE CITY
13 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
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Section 1.
The Commission hereby approves the Contract and hereby authorizes the
15 Interim Execute Director of the Agency to execute the Contract with Consultant on behalf of the
16 Agency, together with any technical and conforming changes as may be recommended by the
17 Interim Executive Director of the Agency and approved by the Agency Counsel.
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Section 2.
This Resolution shall take effect from and after its date of adoption by this
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CDC(2009-242
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE
AGENCY AND RBF CONSULTING, TO PROVIDE CONSULTANT
SERVICES IN CONNECTION WITH THE PREPARATION OF A PROGRAM
ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED PROJECT
AREAS MERGER AND PLAN AMENDMENTS (CENTRAL CITY NORTH,
SOUTHEAST INDUSTRIAL PARK, TRI-CITY, SOUTH VALLE,
MEADOWBROOK/CENTRAL CITY, CENTRAL CITY SOUTH AND
CENTRAL CITY EAST)
9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
10 Development Commission of the City of San Bernardino at a joint reg..' "r
meeting
,2009.
22 The foregoing Resolution is hereby approved this 6th day of August
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26 Approved as to Form:
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Patn k J. Morris, erson
munity Development Commission
of the City of San Bernardino
By:
[<;~
Agency oun 1
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
CONTRACT FOR PROFESSIONAL SERVICES
RBF CONSULTING
This CONTRACT FOR PROFESSIONAL SERVICES (the "Contract") is made and entered
into as of August 3, 2009, by and between the Redevelopment Agency of the City of San Bemardino
(the "Agency"), a public body, corporate and politic, and RBF Consulting, (the "ConsultanC),
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES
HERETO AGREE AS FOLLOWS:
L SUPERVISION OF CONSULTANT, The Agency Staff designated in Exhibit "A" shall be
responsible for the direction of any work to be performed by the Consultant and any other
consultants or subconsultants to the Agency under this Agreement The Consultant shall not
undertake any work under the terms of this Contract, unless instructed to do so by one of the
designated staff members, No other staff member is authorized by the Agency to request
services from the Consultant
2, TERM OF CONTRACT, The term of this Contract shall commence on the date first appearing
in this Contract and will terminate upon the completion of the services described in the Scope
of Services as referenced in Section 3, unless earlier terminated as provided in this Contract
The Agency reserves the right through the actions of the Interim Executive Director to
terminate this Contract at anytime either with or without cause and at the sole convenience of
the Agency upon delivery of notice of termination to the Consultant; provided, however, that
upon the effective date of any such termination, the Agency shall be resportsible to pay and/or
reimburse the Consultant for all services, materials and supplies as may have been furnished to
the Agency in accordance with the Scope of Services as referenced in Section 3,
3, SCOPE OF CONSULTANT SERVICES, The Agency hereby retains the Consultant to
provide the professional consulting services set forth in the Scope of Services attached hereto
a~ Exhibit "B" and incorporated herein by this reference, The Consultant hereby agrees to
perform the work set forth in the Scope of Services, in accordance with the terms of this
Contract The Consultant shall perform the services as set forth on said Scope of Services
within the time periods to be identified by the appropriate Agency representative,
4, PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT,
A, The Agency shall compensate the Consultant in an aggregate amount not to exceed Two
Hundred Thirty-Five Thousand Seven Hundred Sixty Dollars ($235,760) for completion
of the services described in the Scope of Services set forth in Exhibit "B,"
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B. The compensation designated in subsection 4. A. shall be the Total Fee for the
performance of the work and the delivery of the final work product materials, as set
forth in the Scope of Services. The Total Fee shall include, but not be limited to, the
salaries of all subcontractors retained by the Consultant and all employees of the
Consultant to perform work pursuant to this Contract and shall be inclusive of all costs
and expenses incurred for mileage, travel, graphics, telephone, printing, fax
transmission, postage, copies and such other expenses related to completion of the work
set forth in the Scope of Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant under
this Contract each calendar month during the term of this Contract.
D. The Consultant shall submit invoices under this Contract to:
Redevelopment Agency of the City of San Bernardino
Attention: Jeffrey Smith, A1CP
Senior Urban Planner
201 North "E" Street, Suite 301
San Bernardino, California 92401
E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant
incurred in performance of the Scope of Services, during the period of time for which
the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of
the individual personnel of the Consultant and any individual subconsultants utilized by
the Consultant, during the time period covered by the invoice, a description of the
professional services rendered on a daily basis by each named individual during such
time period, the respective hourly rates of each named individual and the actual time
expended by each named individual. Each invoice of the Consultant shall be
accompanied by copies of all third party invoices for other direct costs incurred and
paid by the Consultant during such time period. The Agency shall pay all amounts set
forth on the invoices of the Consultant and approved by the authorized Agency Staff
personnel who requested the services, within thirty (30) days after such approval.
5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other
records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the
Consultant and available to the Agency for examination and for purposes of performing an
audit for a period of five (5) years from the date of expiration or termination of this Contract or
for a longer period, as required by law. Such records shall be available to the Agency and to
appropriate county, state or federal agencies and officials for inspection during the regular
business hours of the Consultant. If the Consultant does not maintain regular business hours,
then such records shall be available for inspection between the hours of 9 a.m. and 4 p.m.
Monday through Friday, excluding federal and state government holidays. In the event of
litigation or an audit relating to this Contract or funds paid to the Consultant by the Agency
under this Contract, such records shall be retained by the Consultant until all such litigation or
audit has been resolved.
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6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold hannless the Agency,
its officers, employees, representatives, and agents from and against any and all actions, suits,
proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys
fees, for injury or damage of any type claimed as a result of the negligent acts or omissions of
the Consultant, its officers, employees, subcontractors and agents, to the extent arising from or
related to negligent performance by the Consultant of the work required under this Contract.
7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit "c" to this
Contract, throughout the term of this Contract. The Consultant shall remain liable to the
Agency pursuant to Section 6. above to the extent the Consultant is not covered by applicable
insurance for all losses and damages incurred by the Agency that are caused directly or
indirectly through the actions or inactions, willful misconduct or negligence of the Consultant
in the performance of the duties incurred by the Consultant pursuant to this Contract.
8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND
INFORMATION. All maps, photographs, data, information, reports, drawings, specifications,
computations, notes, renderings, designs, inventions, photographs, modifications, adoptions,
utilizations, correspondence or other documents generated by or on behalf of the Consultant for
performance of the work (collectively, the "Work Products") set forth in the Scope of Services
shall upon payment for those services embodying the particular element of the Work Products,
become the sole property of the Agency, and the Work Products shall thereafter be delivered to
the Agency upon written request from the Agency to the Consultant. The Consultant shall not
make use of any maps, photographs, data, information, reports, drawings, specifications,
computations, notes, renderings, designs, inventions, photographs, modifications, adoptions,
utilizations, correspondence or other documents and other materials whether for marketing
purposes or for use with other clients when such have become the property of the Agency
without the prior express written consent of the Agency except to the extent that such maps,
photographs, data, information, reports, drawings, specifications, computations, notes,
renderings, designs, inventions, photographs, modifications, adoptions, utilizations,
correspondence or other documents are readily available to the general public as public records
pursuant to State law; provided, however, that the Consultant may retain dopies of any such
items for their business records.
The Consultant shall execute, acknowledge and perform any and all acts which shall reasonably
required in order for the Agency to establish unequivocal ownership of the maps, photographs,
data, information, reports, drawings, specifications, computations, notes, renderings, designs,
inventions, photographs, modifications, adoptions, utilizations, correspondence or other
documents and record, register and procure an issuance in or to the Agency's rights, title and/or
interest. Any reuse without written verification or adaptation by the Consultant for the specific
purpose intended will be at the Agency's sole risk and without liability or legal exposure to the
Consultant.
9. PRESS RELEASES. Press or news releases, including photographs or public armouncements,
or confirmation of the same related to the work to be performed by the Consultant under this
Contract shall only be made by the Consultant with the prior written consent ofthe Agency.
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10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep
confidential all reports, survey notes and observations, information, and data acquired or
generated in performance of the work set forth in the Scope of Services, which the Agency
designates confidential. None of such designated confidential materials or information may be
made available to any person or entity, public or private, without the prior written consent of
the Agency.
II. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Contract to perform any material term or provision
of this Contract shall constitute a default under this Contract; provided, however, that if
the party who is otherwise claimed to be in default by the other party commences to
cure, correct or remedy the alleged default within seven (7) calendar days after receipt
of written notice specifying such default and shall diligently complete such cure,
correction or remedy, such party shall not be deemed to be in default hereunder.
B. The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such
notice shall not constitute a waiver of any default nor shall it change the time of default;
provided, however, the injured party shall have no right to exercise any remedy for a
default hereunder without delivering the written default notice, as specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies
associated with a default. Except with respect to rights and remedies expressly declared
to be exclusive in this Contract, the rights and remedies of the parties under this
Contract are cumulative and the exercise by any party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
D. In the event that a default of any party to this Contract may remaim uncured for more
than seven (7) calendar days following written notice, as provided above, a "breach"
shall be deemed to have occurred. In the event of a breach, the injured party shall be
entitled to seek any appropriate remedy or damages by initiating legal proceedings.
12. TERMINATION.
A. This Contract may be terminated by either party for any reason by giving the other party
fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant
for all work authorized by the Agency and completed, prior to the effective termination
date.
B. In the event of a termination of this Contract under this Section 12, the Consultant shall
provide all documents, notes, maps, reports, data or other work product developed in
performance of the Scope of Services of this Contract to the Agency, within ten (10)
calendar days of such termination and without additional charge to the Agency.
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13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in person
or by certified or registered United States Mail, return receipt requested, postage prepaid or by
overnight delivery by a nationally recognized delivery service to the addresses set forth below.
Notice presented by United States Mail shall be deemed effective on the third business day
following the deposit of such Notice with the United States Postal Service. This Section 13
shall not prevent the parties hereto from giving notice by personal service or telephonically
verified fax transmission, which shall be deemed effective upon actual receipt of such personal
service or telephonic verification. Either party may change their address for receipt of written
notice by notifying the other party in writing of a new address for delivering notice to such
party.
CONSULTANT:
REF Consulting
Collette L. Morse, AICP
3300 East Guasti Road, Suite 100
Ontario, California 91761
AGENCY:
Redevelopment Agency of the City of San Bernardino
Attention: Emil A. Marzullo, Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 9240 I
14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal
laws, including, but not limited to, environmental acts, rules and regulations applicable to the
work to be performed by the Consultant under this Contract. The Consultant shall maintain all
necessary licenses, including a City of San Bernardino Business License, and registrations for
the lawful performance of the work required of the Consultant under this Contract.
IS. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the
basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical
handicap in the performance of the Scope of Services of this Contract. Without limitation, the
Consultant hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status of national origin. Further, the
Consultant shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such
action shall include, but not be limited to, the following: recruitment and recruitment
advertising, employment, upgrading and promotion. In addition, the Consultant shall not
exe1ude from participation under this Contract any employee or applicant for employment on
the basis of age, handicap or religion in compliance with State and Federal laws.
16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT CONTRACTORS.
The Consultant shall at all times during the performance of any work described in the Scope of
Services be deemed to be an independent contractor. Neither the Consultant nor any of its
subcontractors shall at any time or in any manner represent that it or any of its employees are
employees of the Agency or any member agency of the Agency. The Agency shall not be
requested or ordered to assume any liability or expense for the direct payment of any salary,
wage or benefit to any person employed by the Consultant or its subcontractors to perform any
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item of work described in the Scope of Services. The Consultant is entirely responsible for the
immediate payment of all subcontractor liens.
17. SEVERABILITY. Each and every section of this Contract shall be construed as a separate and
independent covenant and agreement. If any term or provision of this Contract or the
application thereof to certain circumstances shall be declared invalid or unenforceable, the
remainder of this Contract, or the application of such term or provision to circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Contract shall be valid and enforceable to the fullest extent
permitted by law.
18. ENTIRE CONTRACT. This Contract constitutes the entire agreement between the parties.
This Contract supersedes all prior negotiation, discussions and agreements between the parties
concerning the subject matters covered herein. The parties intend this Contract to be the final
expression of their agreement with respect to the subjects covered herein and a complete and
exclusive statement of such terms.
19. AMENDMENT OR MODIFICATION. This Contract may only be modified or amended by
written instrument duly approved and executed by each of the parties hereto. Any such
modification or amendment shall be valid, binding and legally enforceable only if in written
form and executed by each of the parties hereto, following all necessary approvals and
authorizations for such execution.
20. GOVERNING LAW. This Contract shall be governed by the laws of the State of California.
Any legal action arising from or related to this Contract shall be brought in the Superior Court
of the State of California in and for the County of San Bernardino.
21. NON-WAIVER. Failure of either party to enforce any provision of this Contract shall not
constitute a waiver of the right to compel enforcement of the same provision or any remaining
provisions of this Contract.
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22. ASSIGNMENT. This Contract may not be assigned by the Consultant without the pnor
written consent ofthe Agency.
23. REPRESENTATIONS OF PERSONS EXECUTING CONTRACT. The persons executing
this Contract warrant that they are duly authorized to execute this Contract on behalf of and
bind the parties each purports to represent.
24. EXECUTION IN COUNTERPARTS. This Contract may be executed in one (I) or more
counterparts, each of which will constitute an original.
25. EFFECTIVENESS OF CONTRACT AS TO THE AGENCY. This Contract shall not be
binding on the Agency until signed by an authorized representative of the Consultant, approved
by the Agency and executed by the Interim Executive Director or his designee.
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26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse
to the Agency or the City at the time of execution of this Contract except as previously
disclosed to the Agency Staff and in particular with respect to other work being performed by
the Consultant for the (i) City of San Bernardino - WQMP & Plan Checking Services - On
Call Contract - 2 Years, and (ii) City of San Bernardino - Verdemont Water - Construction
Management Services for a) Palm Avenue Pump Station, b) Magnolia Pump Station, c) Palm
Connector Transmission Main Extension and d) Palm Reservoir. The Consultant hereby agrees
that, during the term of this Contract, the Consultant shall not enter into any agreement or
acquire any interests detrimental or adverse to the Agency or the City. Additionally, the
Consultant hereby represents and warrants to the Agency that the Consultant and any
partnerships, individual persons or any other party or parties comprising the Consultant,
together with each subcontractor who may hereafter be designated to perform services pursuant
to this Contract, do not have and, during the term of this Contract, shall not acquire any
property ownership interest, business interests, professional employment relationships,
contractual relationships of any nature or any other financial arrangements relating to the
Agency, property over which the Agency has jurisdiction or any members or staff of the
Agency that have not been previously disclosed in writing to the Agency, and that any such
property ownership interests, business interests, professional employment relationships,
contractual relationships or any nature or any other financial arrangements will not adversely
affect the ability of the Consultant to perform the services to the Agency as set forth in this
Contract.
27. NON-EXCLUSIVITY. This Contract shall not create an exclusive relationship between the
Agency and the Consultant for the services set forth in Exhibit "B" or any similar or related
services. The Agency may, during the term of this Contract, contract with other consultants for
the performance of the same, similar or related services as those that may be performed by the
Consultant under this Contract. The Agency reserves the discretion and the right to determine
the amount of services to be performed by the Consultant for the Agency under this Contract,
including not requesting any services at all. This Contract only sets forth the terms upon which
any such services will be provided to the Agency by the Consultant, if such services are
requested by the Agency, as set forth in this Contract.
28. CONSEOUENTIAL DAMAGES & LIMIT A TION OF LIABILITY. The Agency and
Consultant agree that except as otherwise provided in this Section 28, in no event will either be
liable to the other under this Contract for any damages including but not limited to, special
damages, loss of revenue, loss of profit, operating costs or business interruption losses,
regardless of cause, including breach of contract, negligence, strict liability or otherwise. The
limitations and exclusions ofliability set forth in this Section 28 shall apply regardless offault,
breach of contract, tort, strict liability or otherwise of the Consultant and the Agency, their
employees or subconsultants.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the
date indicated next to the authorized signatures of the officers of each of them as appear below.
AGENCY
Dated:
ford/
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By: \ /~~~
~Agency ou I
CONSULTANT
Dated:
RBF Consulting
By:
~~~
Collete L. Morse, AICP
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EXHIBIT "A"
SUPERVISORY STAFF PERSONNEL
Agency Staff:
Emil A. Marzullo, Interim Executive Director
Don Gee, Deputy Director
Jeffrey Smith, AICP, Project Manager
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EXHIBIT "B"
SCOPE OF SERVICES
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Scope of 'Nn!',
The following Scope of Work has been prepared based on the information provided within
the Agency's Request for Proposal. The associated cost estimate, which is based dn this
scope, is itemized according to task and issue in Section III.
Project Assumptions
In preparation of this Scope of Work, RBF assumes the following:
RBF assumes that a Program EIR will be prepared for the proposed project.
RBF has assumed that the Project Description will be finalized prior to the
distribution of the Initial Study / NOP. This notice is scheduled to be published six
weeks after the Notice to Proceed.
RBF assumes that three project alternatives plus the No Project Alternative will be
used within the Alternatives section of the Environmental Analysis.
If Agency review deadlines are not met, possible delays could occur. RBF would not
be held responsible for delays associated with extended Agency review periods.
Task 1.0 Project Seoping
Subtask 1.1: Kickoff Meeting
RBF will conduct an initial orientation meeting with the Agency in order to ensure
agreement on the basic project elements. The meeting will include review of available City
reference document, project materials, and relevant technical information applicable to the
project. Items to be addressed at the kickoff meeting include the project description,
alternatives, project schedule, and public scoping/consultation process. This task assumes
a total of 16 hours of time for three staff members, including travel, meeting preparation,
and meeting attendance time. '
Subtask 1.2: Research and Investigation
RBF will obtain and review available data forthe project Area, as well as policy
documentation from the City of San Bernardino Redevelopment Agency, Planning
Department, County of San Bernardino, the Southern California Association of
Governments, local, state, and federal Agencies, and other agencies which may be affected
by the project. This information, along with environmental data and information available
from the Agency, City and other nearby jurisdictions, will become part of the foundation of
the EIR and will be reviewed and incorporated into the analysis, as deemed appropriate.
As part of this task RBF will also conduct additional discussions with local, state, and
federal agencies that will assist in the early stages of the analysis and issue identification if
it is deemed necessary. Early consultation with these agencies is generally beneficial for
properly scoping the review process for the project.
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Subtask 1.3: Field Reconnaissance
As a part of the early scoping for the project, the RBF Team will conduct a field study of the
site, reviewing existing land use and environmental conditions and conducting a
photographic recording of on-site and surrounding uses,
Subtask 1.4: Initial Study / Notice of Preparation
Based upon early consultation with the Agency, City, and other nearby jurisdictions, RBF
will prepare an Initial Study. RBF will ensure that the project will be analyzed for potential
to create significant environmental impacts in the areas specified on the City's approved
environmental checklist. As an option (without any change in proposed budget), RBF could
prepare an Expanded NOP rather than the Initial Study. This will require less time, creates
less legal exposure, and provides more flexibility in defining the project at the early NOP
stage (and is recommended by RBF).
RBF Consulting will prepare a Notice of Preparation (NOP) for review and approval by the
Agency. Once approved, RBF will send the NOP to the State Clearinghouse, post the NOP at
the County Clerks' Offices, and distribute the document to responsible, trustee, and other
interested/relevant agencies. Distribution will be based on an Agency-approved
distribution list to be prepared and maintained by RBF Consulting in conjunction with the
Agency. This task includes certified mailing of a maximum of 30 notices to affected
agencies and interested parties. RBF Consulting assumes that posting in the local
newspaper and any radius mailing will be provided by the Agency. Comments received in
response to the NOP will be evaluated during the preparation of the EIR.
Subtask 1.5: Scoping Meeting
As part of the environmental review process a public scoping meeting, which may also
,
involve federal, state or other local agencies, will be conducted. The intent of this meeting
is to provide a brief project overview presentation allowing the community to gain an
understanding of the proposed project and provide opportunities to comment. Staff
members from the Agency and RBF would facilitate this meeting.
The Scoping Meeting will emphasize the review process and will be presented so that the
community can gain a greater understanding of the proposed project, as well as the intent
and requirements of CEQA. RBF will provide handouts and up to two presentation-size
graphics to supplement the discussion. Following the presentation, the meeting will be
devoted to public participation, questions, and comments. Written comment forms will be
provided for this purpose, and these comments, along with verbal comments, will become a
part of the administrative record.
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Task 1,0 Output:
. One kickoff meeting
. One public scoping meeting
. Project Team research and scoping of available materials and Agency issues
. Project team tour of project site
. Ten (10) hard copies of Notice of Preparation
. One (1) electronic copy of Notice of Preparation
Task 2.0
Administrative Draft EIR
Subtask 2.1: Executive Summary
RBF will provide an Executive Summary for the EIR including a project summary, an
overview of project impacts, mitigation, and levels of significance after mitigation, and
summary of project alternatives. The Executive Summary will be completed and submitted
for Agency Staff review at the time the Draft EIR is prepared.
Subtask 2.2: Introduction and Purpose
The Introduction will cite the provisions of CEQA. the CEQA Guidelines, and the
Redevelopment Agency of the City of San Bernardino CEQA Implementation procedures to
which the proposed project is subject. This section will identify the purpose of the study
and statutory authority, document scoping procedures, provide a summary of the EIR
format, provide a listing of responsible and trustee agencies, and provide a listing of
documentation incorporated by reference.
Subtask 2.3: Project Description
The Project Description section of the ElR will detail the project location, background and
history of the project, discretionary actions, characteristics, goals and objectives, phasing,
agreements, and permits and approvals which are required for the proposed project based
on available information. This section will also include a summary of the local
environmental setting for the proposed project.
Subta!,k 2.4: Basis of Cumulative Analysis
In accordance with Section 15130 of the CEQA Guidelines, this section provides a detailed
listing of cumulative projects and actions under consideration for the analysis. As stated in
Subtask 2.7, Cumulative Impacts, the likelihood of occurrence and level of severity will be
studied. The purpose of this section is to present a listing and description of projects, past,
present and anticipated in the reasonably foreseeable future, even if those projects are
outside of the jurisdiction of San Bernardino Gate. The potential for impact and levels of
significance are contingent upon the radius or area of interaction with the project area.
RBF will consult with Agency Staff and other applicable local jurisdictions to define the
appropriate study area for the cumulative analysis, as described in Subtask 2.7.
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Subtask 2.5: Environmental Analysis
RBF will evaluate the necessary information with respect to the existing conditions, the
potential adverse effects of project implementation (both individual and cumulative), and
measures to mitigate such effects. Environmental issues raised during the scoping process
(N otice of Preparation responses, Scoping Meeting comments and any other relevant and
valid informative sources) will also be evaluated. The analyses will be based upon all
available data, results from additional research, and an assessment of existing technical
data.
The Environmental Analysis section of the EIR will thoroughly discuss the existing
conditions for each environmental issue area; identify short-term and long-term
environmental impacts associated with the project and their levels of significance.
Feasible mitigation measures will be recommended to reduce the significance of impacts
and identify areas of unavoidable significant adverse impacts even after mitigation. This
section will include analysis for the following environmental issue areas.
A. Aesthetics
RBF will evaluate the potential impacts to sensitive viewpoints throughout the Project
Areas utilizing ground-level site photographs. Impacts will be assessed in terms of
visibility, alteration to the existing visual setting, and sensitivity of viewpoints that could
occur with future development under the proposed project.
RBF will also address potentially significant impacts generated by the introduction of light
and glare associated with the implementation of the proposed project. This analysis will
include a light and glare impact discussion. RBF will review and incorporate existing City
policies and guidelines regarding light and glare for inclusion within the EIRI RBF will
recommend mitigation measures to reduce potential aesthetic and light and glare impacts
to the maximum extent possible.
B. Air Quality
The p~oposed project is located under the jurisdiction of the South Coast Air Quality
Management District (SCAQMD) in the South Coast Air Basin. The existing conditions
portion of this Section will provide a discussion on the current status of the California Clean
Air Act, the SCAQMD's 2007 Air Quality Management Plan and the SCAQMD's CEQA Air
Quality Handbaok. Existing pollutant data will be obtained from the nearest SCAQMD
monitoring station. This data will be summarized in a table clearly indicating days
exceeding State and Federal Standards for monitored pollutants. The various types of
pollutants monitored at the station will also be described and sensitive receptors in the
vicinity of the project site will be identified.
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RBF will review merger and plan amendments and provide a qualitative construction air
emissions analysis commensurate with the data provided. RBF will quantify vehicular and
area source emissions based on the "Existing" and "Forecast" scenarios, then provide a
comparison to the SCAQMD's thresholds of significance. The emissions will be
quantitatively derived utilizing the EMFAC2007, URBEMIS2007, and other models
prescribed by the California Air Resources Board (CARB). Project consistency with
regional air quality plans will be evaluated.
RBF will follow the approach described in the California Air Pollution Control Officers
(CAPCOA) CEQA and Climate Change White Paper (White Paper) (January 2008) and
CARB's Climate Change Proposed Scoping Plan (Scoping Plan) (October 2008). RBF will
describe the status of regulatory development of Assembly Bill 32, Senate Bill 97, Senate
Bill 375, and Executive Order S-3-05. RBF will prepare an inventory of greenhouse gas
(GHG) emissions associated with vehicle miles traveled (VMT) and energy consumption.
The level of accuracy of the emissions inventory will be dependent upon the detail of
information provided for use in the greenhouse gas model. The analysis will conclude the
projects level of significance in relation to a limit developed through the Scoping Plan and
White Paper.
C. Biological Resources
RBF has contracted with Tom Dodson & Associates (TDA) to perform the necessary
Biological Services. The Team will prepare this section based on the information and
analysis contained within the Biological Constraints Analysis report prepared for this
project. This section will identify the various biological resources in the project area; the
special status species and habitats identified, and will discuss existing plans and programs
that have been implemented to help protect these biological resources. This section will
evaluate potential impacts to biological resources that may occur with the il1i1plementation
of the project and include mitigation measures to reduce these impacts is possible.
As might be expected the areas subject to redevelopment are already highly disturbed, with
a few minor exceptions, primarily the Santa Ana River Channel. To address biological
resource issues within the project area, TDA will compile a list of sensitive species based on
the Ca~ifornia Natural Diversity Data 8ase, the City's recently approved General Plan and
General Plan ElR, and other environmental documents for the whole project area. An aerial
map of the whole project area will be compiled to identify those locations where important
biological resources may occur. These locations will be surveyed. (As an optional task,
protocol surveys for sensitive species such as San Bernardino kangaroo rat, Delhi sands
giant flower-loving fly, least Bell's vireo, burrowing owl, Santa Ana Woolly Star, etc. can be
provided). Constraints maps will be developed based on presence of sensitive habitat,
sensitive or listed species and other biological resources considered to have special value.
A biology report of survey findings will be compiled and provided as a technical appendix
to the selected environmental document.
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Based on this information, TDA will provide an evaluation of potential biological resource
impacts for the Initial Study; identify any required mitigation measures; and assess the
potential significance of effects of mergers and plan amendments to the various
redevelopment plans. The end product will be a constraints level evaluation of biological
resources within the whole project area that will meet all professional standards for
biology reports and assessments.
D. Cultural Resaurces
RBF has contracted with ECORP to complete the necessary Cultural Services for this
contract. The Team will prepare this section based on the information and analysis
contained within the Cultural Resources Constraints Analysis prepared for this project.
RBF will address potential impacts to cultural resources, including potential historic
resources. The discussion of historic, archaeological, and paleontological resources will be
based upon the existing General Plan/ ElR and other applicable studies. The Team will
assess the potential for any structures within the proposed redevelopment project areas to
meet state or national historic register criteria, based on Assessor Parcel data and other
available information.
E. Gealogy and Soils
RBF will evaluate the potential impacts associated with soil and geologic conditions within
the City of San Bernardino and the surrounding vicinity. Geotechnical hazards will be
identified based on existing geotechnical and soil data contained in previously prepared
soils and geotechnical investigations and information provided by the City. Mitigation will
consist of General Plan Safety Element policies, other program-level mitigation measures
and standard City conditions of approval, as necessary.
F. Human Health Hazards / Risk of Upset
Utilizing available information, RBF will evaluate potential hazards that could impact or be
generated by future development, including hazardous and toxic materials, high fire
hazards, and emergency evacuation and/or emergency response. RBF will recommend
mitigation measures to reduce the hazards impacts to the maximum extent possible.
.
G. Hydrology and Water Quality
Evaluate potential impacts to surface water drainage features in the Project Area, identify
flood hazards, and the potential for water quality degradation resulting from future
development in the Project Area. Mitigation will consist of General Plan policies, other
program-level mitigation measures and standard City conditions of approval, as necessary.
H. Land Use/ Relevant Planning
RBF will evaluate the appropriateness of the potential uses at the project site in
comparison to onsite and surrounding land uses and wil.I analyze the relationship of the
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project to all applicable planning policies, particularly with respect to the General Plan.
Particular emphasis will be placed on General Plan goals and policies related to providing
an appropriate mix of land uses and an adequate employment base. RBF intends to utilize
information available from the Agency, as well as the NOP process to identify particular
concerns and any potential for public controversy.
1. Noise
RBF will evaluate potential noise impacts of the project, focusing on long-term changes in
noise levels in the project area due to project-related traffic changes along major roadways,
and changes in ambient noise levels associated with increased vehicle trips and human
activity. This section will specifically address impacts associated with the project to noise-
sensitive land uses such as residential neighborhoods, schools and other sensitive
receptors located in close proximity to the site. Project noise impacts will be assessed
based on total increases in the ambient noise level and potential exceedances of City
standards. RBF will provide tables to identify potential project noise impacts, and identify
mitigation measures necessary to achieve the City noise standards. Construction noise
impacts will be qualitatively addressed.
J. Population and Housing
Based on existing data, RBF will identify the existing population and housing within the
Project Area, along with projected trends. The analysis will include a discussion of the
potential for residential displacement, housing rehabilitation, new housing and
employment. RBF will analyze the project's impact upon the City and County population
and housing base. Mitigation measures for potential impacts will be recommended.
RBF will summarize existing and projected population, employment, and housing figures
based on available data. This section will describe anticipated direct and secpndary
population, employment, and housing effects associated with project implementation, as
well as analyze the net impact to the City's job to housing balance.
K. Public Services and Utilities
RBF will contact potentially affected agencies to identify relevant existing conditions,
project. impacts and recommended mitigation measures. The discussion will focus on the
potential alteration of existing facilities, extension or expansion of new facilities and the
affects on services. RBF will evaluate the ability of the Project Area to receive adequate
service based on City and County standards and, where adequate services are not available,
will identify the effects of inadequate service and recommended mitigation measures.
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Public Services:
Fire. The Fire Services review will include a review of existing
services/facilities in the area, response times in the Project Area (which
includes hazardous material responses to emergencies), available fire flow,
project impacts and required mitigation.
Police. The Police Service review will focus upon response times to the Project
Area, available personnel and overall protection services.
Schools. Potential impacts to schools focusing on existing conditions and facility
locations. Mitigation measures will be provided to reduce the significance of
impacts.
Parks and Recreation. The review will include parkland conditions in the
Project Area and impacts to the City park system. Mitigation will be identified
to reduce the significance of impacts.
Solid Waste. The review will include existing solid waste facilities in the Project
Area and impacts to those facilities through increase generation of solid waste.
Mitigation will be identified to reduce the significance of impacts.
Public Utilities:
Water. RBF will focus on existing water sources/availability, infrastructure
connections, easements modifications and necessary mitigation.
Sewer. RBF will focus on existing capacities, infrastructure connection,
easements modifications and necessary mitigation.
Electrical. Existing facilities, project impacts, infrastructure relocation,
easements and necessary mitigation.
i
Gas. Existing facilities, project impacts, infrastructure relocation, easements
and necessary mitigation.
L. Traffic
The Program ElR will rely primarily upon the General Plan Circulation Element and City-
wide tr.affic data, based on the assumption that the Redevelopment Project would be
consistent with the General Plan. Site-specific discussion of potential project area
mitigation requirements will be made based on information provided by the City Traffic
Engineer. The EIR will also address construction-related issues such as traffic control and
access. Should the Agency decide that a Traffic Impact Analysis is required, RBF would re-
scope this task with the Agency to define a scope and fee, and amend the contract
accordingly.
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Sub task 2.6 Growtb Inducement
RBF will discuss potential growth-inducing impacts pursuant to CEQA Guidelines Section
15126(d). The analysis in this section will be based on data from the Agency, the City of
San Bernardino, California Department of Finance, Southern California Association of
Governments, and U.S. Census data. The project's consistency with the growth projections
will be discussed and mitigation for any potential impacts will be recommended.
Subtask 2.7 Cumulative Impacts
In accordance with Section 15130 of the CEQA Guidelines, this section provides a listing of
cumulative projects and actions under consideration. The potential for impact and levels of
significance are contingent upon the radius or area of interaction with the proposed
development. RBF will consult with Agency Staff to define the appropriate study area for
the cumulative analysis. RBF will discuss cumulative impacts for each environmental issue
area identified above, and will provide qualitative levels of analysis, as appropriate.
Subtask 2.8 Alternatives to tbe Proposed Action
Pursuant to CEQA Guidelines Section 15126.6, RBF will provide an analysis ofa "reasonable
range" of alternatives, comparing environmental impacts of each alternative in each impact
area to the project. For each alternative, RBF will provide an analysis of impacts to
environmental resources.
The alternatives section will conform to both Section 15126.6 of the CEQA Guidelines and
to recent and applicable court cases. RBF will discuss as required by the CEQA Guidelines,
the advantages and disadvantages of each alternative and the reasons for rejecting or
recommending the project alternatives stated. A summary of the various alternatives and
associated impacts will be provided as part of the ElR Executive Summary. A maximum of
four alternatives, including the No Project Alternative required by CEQA, will be analyzed.
The selection of alternatives to be analyzed will be developed with Agency Staff. The
alternatives section will culminate with the selection of the environmentally superior
alternative in accordance with CEQA requirements.
Subtask 2.9 Additional Sections
RBF wiil provide additional sections in the ElR to meet CEQA and Agency requirements
including the following:
A. Significant irreversible Environmental Changes That Would Be involved in the
Proposed Action Should It Be implemented
Changes in the environment and uses on non-renewable resources that will occur as
a result of the proposed project which can be considered irreversible or
irretrievable will be evaluated and discussed within this section of the ElR.
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8. Effects Found Not To 8e Significant
RBF will provide a qualitative explanation of issues that are considered to have "No
Impact" with respect to the proposed project.
C. Inventory of Unavoidable Adverse Impacts
This section will he a comprehensive list of unavoidable adverse impacts associated
with the proposed project.
D. Organizatians and Persons Consulted/Bibliography
Any federal, state or local agencies, other organizations and private individuals
consulted in preparing the EIR will be listed in this section. RBF will provide a
complete list of reference materials used in preparation of the EIR.
Subtask 2.10 Graphic Exhibits
The EIR will include a maximum of 30 exhibits to enhance the written text and clarify the
proposed project environmental impacts. Using state-of-the-art computer design
equipment and techniques, our in-house graphic design team will create professional
quality, hlack and white or full color exhibits, dividers and covers for the EIR and
Appendices.
Task 2.0 Output:
. Ten (10) hard copies of the Administrative Draft EIR
. One (1) electronic copy of the Administrative Draft EIR
. One (1) copy of the Technical Appendices
Task 3.0 Dratt Environmentallmpacf Report
Subtask 3.1 Preparation of Administrative Draft EIR #2
As part of the proposed project, RBF will conduct an Administrative Draft EIR Review
Workshop prior to completion of Administrative Draft EIR #2 (refer to Sub task 5.2). RBF
will re"pond to one complete set of Agency comments on the Administrative Draft EIR. If
desired by the Agency, RBF will provide an Administrative Draft EIR #2 with all changes
highlighted to assist the final check of the document.
Subtask 3.2 Completion of the Draft EIR
RBF will respond to Administrative Draft EIR #2 comments and prepare the Draft EIR for
the required 45-day puhlic review period. In addition, RBF will prepare the Notice of
Completion (NOC) for submittal to the Office of Planning and Research (OPR). RBF will also
work with the Agency to develop a distribution listing for the NOC and Draft EIR, which will
be based on the previous list used for the Nap.
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Task 3,0 Output:
. Ten (10) hard copies of the Administrative Draft EIR #2
. One (1) electronic copy of the Administrative Draft EIR #2
. Fifty (50) hard copies of the Draft EIR
. One (1) electronic copy of the Draft EIR
. Twenty-Jive (25) copies of the Technical Appendices
. Fifty (50) hard copies of the Notice of Completion
. One (1) electronic copy of the Notice of Completion
Task 4,0
final Eovironmentallmpact Report
Subtask 4.1 Response to Comments/Administrative Final EIR
RBF will respond to comments received on the Draft EIR during the 4s-day public review
period, and additional comments raised during public hearings. RBF will prepare
thorough, reasoned and sensitive responses to relevant environmental issues. This task
includes written responses to both written and oral comments received on the Draft EIR
(includes review of hearing transcripts, as required). The Draft Responses to Comments
will be prepared for review by Agency Staff. To accommodate the proposed schedule a
Project Meeting (refer to Subtask 5.2) will be conducted upon completion of the Agency's
review of the Draft Response to Comments document. Following this meeting, RBF will
finalize this section for inclusion in the Administrative Final EIR. For budgeting purposes,
we have assumed a total of 40 hours of Environmental Staff time to prepare the Response
to Comments. Should the comments be excessive and require more than the budgeted
time, this task would be re-scoped. Additional time would be billed on a time and materials
basis under a separate agreement.
Subtask 4.2 Mitigation Monitoring and Reporting Program \
To comply with the Public Resources Code Section 21081.6, RBFwill prepare a Mitigation
Monitoring and Reporting Program to be defined through working with Agency Staff to
identify appropriate monitoring steps/procedures and in order to provide a basis for
monitoring such measures during and upon project implementation.
The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the
Mitigation Monitoring and Reporting Program for the proposed project. The Checklist
indicates the mitigation measure number as outlined in the EIR. the Monitoring Milestone
(at what Agency/department responsible for verifying implementation of the measure),
Method of Verification (documentation, field checks, etc.), and a verification section for the
initials of the verifying individual date of verification, and pertinent remarks.
Subtask 4.3 Final EIR
The Final EIR will consist of the revised Draft EIR text, as necessary, the "Comments to
Responses" section, and the Mitigation Monitoring and Reporting Program. The Draft EIR
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will be revised in accordance with the responses to public comments on the EIR. RBF will
also prepare the Notice of Determination for Agency filing within five (5) days of EIR
certification.
Subtask 4.4 Findings and Overriding Considerations
RBF will provide administrative assistance to facilitate the CEQA process including the
preparation of the Statement of Overriding Considerations and Findings for Agency use in
the project review process. RBF will prepare the Findings in accordance with the
provisions of Sections 15091 and 15093 of the CEQA Guidelines and in a form specified by
the Agency. RBF will submit the Draft Findings for Agency review and will respond to one
set of Agency comments.
Task 4.0 Output:
. Ten (10) hard copies of the Draft Responses to Comments/
. Administrative Final EIR/Mitigation Monitoring Program
. One (1) electronic copy of the Draft Responses to Comments/Administrative
Final EIR/Mitigation Monitoring Program
. Fifty (50) hard copies of the Final EIR
. One (1) electronic copy of the Final EIR
. One (1) Notice of Determination
. Ten (10) hard copies of the Draft Findings and Statement of Overriding
Considerations
. One (1) copy of the Final Findings and Statement of Overriding Considerations
Task 5.0
Project Management, Meetings and Hearings
Subtask 5.1 Project Management
Ms. Collette Morse, AICP, and Mr. Aaron Pfannenstiel, AICP, will be responsible for
management and supervision of the Project Team, as well as consultation with the Agency
Staff. Project oversight will be provided by Mr. Kevin Thomas. Working closely with Mr.
Thoma., Ms. Morse and Mr. Pfannenstiel will undertake consultation and coordination of
the project and review the EIR for compliance with CEQA requirements and guidelines and
City CEQA procedures. Ms. Morse and Mr. Pfannenstiel will coordinate with all technical
staff, consultants, support staff, and word processing toward the timely completion of the
EIR.
Subtask 5.2 Project Meetings
To ensure the timely completion of the proposed project RBF is offering to conduct several
project meetings and a workshop with the Project Team. The meetings that RBF will
conduct are as follows:
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Progress Meetings: These meetings will be held with Agency Staff, RBF has assumed two of
these meetings will be held during the environmental review process: (1) before
completion of the Administrative Draft EIR #2, and (2) after Agency review of the Draft
Response to Comments document. It is assumed that these meetings would include up to
three staff members programmed for four hours.
Subtask 5.3 Public Hearings
Mr. Thomas, Ms. Morse, and Mr. Pfannenstiel will represent the Project Team at public
hearings and make presentations, as necessary. RBF has budgeted for up to three RBF
personnel to attend six (6) public hearings to present finding of the Draft Program EIR and
one (1) final adoption hearings to present the findings of the Final Program EIR.
Approximately six hours have been assumed for each hearing per person. Should the
Agency determine that additional hearings are necessary; services will be provided under a
separate scope of work on a time and materials basis.
Task 5.0 Output:
. Ongoing project coordination with Agency Staff and Project Team
. Two (2) meetings with Agency Staff to provide written and oral progress
reports, resolve issues, review comments on Administrative documents, and
receive any necessary direction from Agency Staff
. Seven (7) public hearings with presentations as necessary, as determined by
Agency Staff
OPTIONAL r ASK
Preliminary Hazardous Materials Assessment
RBF will prepare a Preliminary Hazardous Materials Memorandum for the East Project
Areas Mergers and Plan Amendments site (herein referenced as the "project site"), located
within the City of San Bernardino, California. Materials that may constitute a hazardous
waste include, but are not limited to, petroleum products, pesticides, organic compounds,
heavy metals, or other compounds injurious to human health and the environment.
RBF will review federal, tribal, state, and local agency records regarding known hazardous
material Sites/handlers. All identified regulatory sites, within the project boundaries, will
be listed within a technical memorandum. RBF will utilize the industry's standard database
provider, Environmental Data Resources (EDR), in order to obtain the regulatory database
information. RBF will prepare a memorandum that discusses the EDR report and identifies
the potential of environmental conditions within the project site due to the reported
regulatory properties on-site. A table of the listed properties will be included within the
Hazardous Materials Memorandum.
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This task does not include the review of records maintained by lead State regulatory
agencies, nor does it include a site visit, literature review, review of chain-of-title, exhibits,
or historical maps. The Hazardous Materials Memorandum is not intended to provide
specific qualitative or quantitative information as to the actual presence of hazardous
materials at the site, but is to merely identity the potential presence based on reported
regulatory information. This scope specifically excludes laboratory testing, field sampling,
environmental lien searches and chain-of-title documents (although these can be reviewed
by RBF if provided by the Client).
Optional Task Output:
. Three (3) hard copies of the Hazardous Materials Memorandum and
attachment as well as an electronic PDF format shall be forwarded
approximately fifteen (IS) days from notice to proceed.
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EXHIBIT "c"
INSURANCE REQUIREMENTS
The Consultant shall maintain insurance policies issued by an insurance company or companies
authorized to do business in the State of California and that maintain during the term of the policy a
"General Policyholders Rating" of at least A(v), as set forth in the then most current edition of "Bests
Insurance Guide," as follows:
(I) Comorehensive General Liabilitv Insurance. The Consultant shall maintain
comprehensive general liability insurance of not less than Two Million Dollars
($2,000,000.00) combined single limit, per occurrence.
(2) Automobile Insurance. The Consultant and each of its subcontractors shall
maintain comprehensive automobile liability insurance of not less than One
Million Dollars ($1,000,000.00) combined single limit per occurrence for each
vehicle leased or owned by the Consultant or its subcontractors and used in
performing work under this Contract.
(3) Worker's Compensation Insurance. The Consultant and each of its
subcontractors shall maintain worker's compensation coverage in accordance
with California workers' compensation laws for all workers under the
Consultant's and/or subcontractor's employment performing work under this
Contract.
(4) Errors and Omissions Coverage. The Consultant shall maintain an insurance
policy covering liability for errors and omissions of the Consultant in
performing the Scope of Services of this Contract in an amount of not less than
One Million Dollars ($1,000,000.00).
Concurrent with the execution of this Contract and prior to the commencement of any work by
the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing
the existence of the insurance coverage required herein, which coverage shall remain in full force and
effect continuously throughout the term of this Contract. Each policy of insurance that Consultant
purchases in satisfaction of the insurance requirements of this Contract shall name the Agency as an
additional insured and shall provide that the policy may not be cancelled, terminated or modified,
except upon thirty (30) days prior written notice to the Agency.
11
P:\Agenda\Agenda Anachmenls\Agenda AttachmentslAgenda Attachmerns\Agrmls-Arnend 2009\08_03.09 RBF - Professional Services Contral."t.doc