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HomeMy WebLinkAbout48- Planning and Building Services CITY OF SAN BERN _- RDINO - REQUEST Ir ,R COUNCIL ACTION From: AL BOUGHEY, DIRECTOR Subject: AGREEMENTS FOR SERVICES CAROUSEL MALL/INLAND CENTER MALL De, PLANNING AND BUILDING SERVICES ENVIRONMENTAL IMPACT REPORTS Date: JULY 28, 1994 MAYOR AND COMMON COUNCIL AUGUST 15, 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 EIR for the Inland Center Mall . 6y Al Boughey, Di reR Wture Contact person: Al RnughPy Phone: 5I57 Supporting data attached: Staff Report: Resolution Ward: 1 and 3 FUNDING REQUIREMENTS: Amount: 0 Source: (ACCT. NO.) 772-171-24505 (ACCT. DESCRIPTION) y Finance: s �I:o' Notes: .�w9L9 Aqenda Item No. — 7V qmpl "ITY 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 REQUEST 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 parldng 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 I-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 parldng 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 Environmental 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. 0 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. EDAW 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 Mall/Inland Center Mall EIR Agreements for Services August 15, 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 of at least 15% minority owned and 5% women owned businesses. LOCAL 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, EDAW, 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) $125,653.00 for Carousel Mall; and (2) $119,107.00 for Inland Center Mall RECOMMENDATION 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 Mall EIR Agreements for Services August 15, 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. j 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 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 in 8 support of the proposed expansion at the Carousel Mall. An 9 Agreement for Services is therefore awarded accordingly to said 10 firm for the total amount of $125, 653 but such award shall be 11 effective only upon the Agreement for Services being fully executed 12 by all parties. The Mayor is hereby authorized and directed to 13 execute said Agreement for Services on behalf of the City; a copy 14 of the agreement is on file in the office of the City Clerk and 15 incorporated herein by reference. 16 17 SECTION 2. This Agreement for Services and any amendment or 18 modification thereto shall not take effect or become operative 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 oral agreements, amendments, modifications, or waivers are intended 22 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 to the Agreement for Services fail to execute it within ninety (90) 27 days of the passage of this resolution. 28 3'�CL 1 RESO: AWARDING AGREEMENT FOR SERVICES TO EDAW, INC. FOR PREPARATION OF THE CAROUSEL MALL ENVIRONMENTAL IMPACT 2 REPORT 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting thereof, held on the 7 day of 1994, by the following vote, to-wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 DEVLIN 15 POPE-LUDLAM 16 MILLER 17 18 19 City Clerk 20 The foregoing ordinance is hereb y approved this day of 21 , 1994. 22 Tom Minor, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN 26 City-Attorney 27 By: 28 AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. 944 THIS AGREEMENT made and entered into this day of August, 1994, by and between the CITY OF SAN BERNARDINO and EDAW, Inc. ("Consultant"). RE ITAL 1. Purpose 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. Terms 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 Resuonsibilities Consultant shall complete the Scope of Work described in Attachment A. Consultant commits the principal personnel listed below for the duration of the project: Consultant: 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. 5. Replacement 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 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 Information 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. Confidentiality of Reports 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. Compensation 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 (10%)-of the 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 EDAW, Inc. and mailed to EDAW, Inc. Department 1864, P.O. Box --61000, San Francisco, CA 94161-1864.. 2 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. 9. Department Support 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 Assignment 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 all liability, 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. Insura-irce 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. 15. Compliance 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 pay or 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. InterRretation 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 Agreement This Agreement with Attachments A, B, C and D constitutes the entire understanding and agreement of the parties. 20. Waive r No breach of any provision can be waived unless in writing. Waiver of any one 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. Termination 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 EDAW, 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. 5 AGREEMENT 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 i CAROUSEL MALL Attachment A 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 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 Initial 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) pwa1150TSCAxousaiM 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, EDAW will work with City staff to clearly define their objectives and expectations of the process including the methodology and significance criteria for each environmental topic. To complete this subtask, EDAW will accomplish the following: 1. EDAW will meet with City staff to determine data availability. 2. EDAW 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. EDAW will prepare and submit to City staff a list of required additional information. 4. Upon receipt of all data, EDAW 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 finalized 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, EDAW will complete the following: 1. The EDAW Director will meet with the City staff to review the computerized tentative schedule with definitive milestone dates for all work products and ranges of dates for all meeting and hearings. 2. The EDAW 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 EDAW Director and revised copies of the schedule will be provided to the City and project team. rwNI1501'CAxOUSU-S o 2 TASK 2.0 PREPARATION OF ENVIRONMENTAL DOCUMENTS All environmental documentation for the proposed project will be prepared by EDAW 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 DRAFT,PRELIMINARY DRAFT, AND DRAFT ENVIRONMENTAL IMPACT REPORT EDAW will prepare a Screencheck Draft EIR for submittal to the City for review and comment. Upon incorporation of all revisions and comments, EDAW will submit a Preliminary Draft EIR for final approval by City staff. Upon final approval of the Preliminary Draft EIR by City staff, the Draft EIR will be printed by EDAW 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 Bernardino. 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, EDAW will meet with City staff to discuss and identify format and content. The identified format will enable the City staff r:r4Ni15011C ROUSR 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 Summary of Impacts, Mitigation Measures, and Level of Significance 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. Stunmary of Alternatives to the Proposed 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. EDAW will identify the project applicant and other key contacts, define 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. EDAW will prepare a detailed discussion of past environmental documents including the proper citations for past 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. PMNIis MMOUSELSCO 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. EDAW 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 (TAZ) or other mutually agreed upon units of analysis. Regional 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, EDAW will take the following actions: 1. EDAW 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. EDAW will complete the proposed project description. The project description 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. EDAW 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. Piisoivcwxousa.sco 5 6. EDAW 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. EDAW 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 CONDITIONS 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 Seismicitv/Liauefaction It is anticipated that earth resources will have an impact on the proposed Carousel Mall. Solus Geotechnical Corporation in association with EDAW 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. ewrusor AR0US&_%M 6 2. EDAW and Solus Geotechnical Corporation will identify all potential project-specific and cumulative earth resource impacts. 3. EDAW and Solus Geotechnical Corporation will propose mitigation measures for identified earth resource impacts. 4. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. Air Ouality It is anticipated that the expansion of the Carousel 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. EDAW 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. EDAW 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 generated mobil source emissions. 4. Temporary construction impacts, especially with regard to fugitive dust emissions from construction, will be evaluated and quantified. 5. EDAW 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. EDAW will propose mitigation measures for identified air quality impacts. 9. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. Puroi IMMARousEI-sco 7 !0101r� Mrs 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. EDAW will prepare a noise analysis of the proposed project. EDAW will summarize the analysis in the EIR. The following steps will be taken: 1. EDAW will review existing noise data for the project vicinity. 2. EDAW will use the FHWA highway noise model ("FHWA 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. EDAW 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. EDAW will propose mitigation measures for identified noise impacts. 5. Based upon the proposed mitigation measures,EDAW will define 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. EDAW in association with Tischler & Associates, Inc. (TA) will prepare a socio/economic 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 EDAW will describe the existing on-site and off-site land uses and the adopted land use plans. 2. EDAW 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. PA4N 1150 11CAROUSU-SCO 8 3. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. Transportation/Circulation 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. EDAW 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 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 evaluated and improvements/modifications will be recommended if needed. 5. Kaku Associates will define all project-specific and cumulative transportation/circulation impacts of the proposed project. 6. Kaku Associates and EDAW will propose mitigation measures for identified impacts. 7. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. 1'\4NI I'C-A eousEI-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. EDAW 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, EDAW 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 1. EDAW will identify the existing gas and electricity distribution systems serving the Carousel Mall site. 2. EDAW will evaluate the source and capacity of these systems to serve the proposed Carousel Mall. 3. EDAW will identify all project-specific and cumulative impacts. 4. EDAW will propose mitigation measures for identified impacts. 5. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. Water/Sewer 1. EDAW will describe how water and sewer service will be provided to the project site. 2. EDAW will assess the location, source, and capacity of these systems to serve the proposed project._ . 3. EDAW will identify all project-specific and cumulative impacts. 4. EDAW will propose mitigation measures for identified impacts. 5. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. Cultural Resources Pwu 150INCwxou 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. EDAW 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 EDAW. EDAW will summarize these two technical studies into the EIR. The following steps will be taken: 1. 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 findings of previous work. 3. EDAW in association with RMW Paleo Associates will identify project-specific and cumulative cultural resource impacts by state and federal guidelines. 4. EDAW in association with RMW Paleo Associates will propose mitigation measures for identified cultural resource impacts. S. Based upon the proposed mitigation measures,EDAW will define 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 format. This matrix will present the defined alternatives and their respective impacts. The alternatives section will describe each alternative and discuss whether it has been rejected from further consideration. EDAW 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 • Development at Another Location Alternative (Inland Center or other location per EIR and socioeconomic market analysis) The following-action will be taken related to the analysis of alternatives: 1. EDAW will meet with City staff and each applicant to establish a description of each alternative. Each potentially viable alternative will be included. rwN115011CAX0usn.sc0 11 2. EDAW will request written verification of alternatives received related to the NOR 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 Topics • Project Impacts • Alternatives Reduction/Elimination of Impact • Qualitative and/or Quantitative Analysis Alternative Impacts • Alternative Impacts that are not Project Impacts • Alternatives Contribution to Cumulative Impacts Reiection Rationale 4. EDAW 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 Relationship Between Local Short-Term Uses of the Environment and the Maintenance and Enhancement of Long-Term Productivity 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. EDAW 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. rw+i 150MAxousasco 12 Significant Irreversible Environmental Changes Which Would Be Involved In the Proposed Action Should It Be Implemented Approval of the development project will irreversibly commit the site to urban uses. EDAW will evaluate the impact of the project and indicate any actions that represent significant irreversible environmental changes. Growth-Inducing Impacts of the Proposed 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 EDAW 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: Summary of Mitigation Measures In addition to the discussion of recommended mitigation measures within each topical section, EDAW will provide a summary list of all proposed mitigation measures. Summary of Impacts Found Not to be Significant EDAW will prepare a summary of those impacts which were determined to be insignificant. Summary of Impacts Mitigated to a Level of Insignificance EDAW will provide a summary of impacts reduced to a level of insignificance through implementation of mitigation measures. pvwiisor_AROUSELSCO 13 Summary of Unavoidable Adverse Impacts of the Proposed Proiect EDAW 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 decisionmakers 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 Organizations 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. Preparers of and Contributors to the Report This section will also be provided in accordance with the requirements of CEQA and the City. It will list those individuals from EDAW, 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 EDAW 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 - Traffic/Circulation Report Appendix G - Gas/Electricity/Sewer/Water Assessment Appendix H - Archaeological Assessment Appendix I - Historical Study Appendix J - Correspondence Pwe i isorCAROUSELsco 14 SUBTASK 2.4 RESPONSE TO COMMENTS DOCUMENT EDAW 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, EDAW 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, EDAW will provide the City with a Final EIR. ruru 1301'CAROUSH..SM 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,EDAW 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,EDAW 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 EDAW 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 EDAW 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 Overriding Considerations, and approval of the project. rre+iuorc�►ROUSm-soo 16 TASK 4.0 MITIGATION MONITORING PROGRAM SUBTASK 4.1 AND 4.2 DRAFT AND FINAL MITIGATION MONITORING PROGRAM EDAW 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 final program, EDAW will make any necessary corrections to reflect staff comments and Planning Commission and City Council actions. ORGANIZATION AND FORMAT OF MONITORING/REPORTING 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 Monitoring/Reporting 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 EDAW will prepare a final 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'MN11301K'AROUSFLSM 1 1 SUMMARIES Summary of Impacts A summary of all significant impacts will be provided in list form. Summary of Mitigation 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 R\4N I 150INCAROUSELSCO 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 (1) 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. 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 COMMITTEE MEETINGS Mr. Talarico and Ms. Jue will attend two (2) Environmental Review Committee meetings. EDAW will be prepared to make all necessary presentations and answer any questions related to the environmental document. SUBTASK 5.5 PLANNING COMMISSION HEARINGS Mr. Talarico and Ms. Jue will attend two (2) Planning Commission Hearings. EDAW 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. SUBTASK 5.6 CITY COUNCIL HEARINGS Mr. Talarico and Ms. Jue will attend two (2) City Council Hearings. EDAW 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,WNII" CAROUSFI-SCO 19 DELIVERABLES The following is a list of deliverables with a number of copies we will provide to the City. EDAW will submit these documents in accordance with the project schedule. Deliverables Number of Conies Screencheck Draft EIR 10 Screencheck Draft EIR Appendices 10 Preliminary Draft EIR 10 Preliminary Draft EIR Appendices 10 Draft EIR 75 Draft EIR Appendices 75 Draft Response to Comments Document 10 Response to Comments Document 75 Final EIR 10 Final EIR Appendices 10 Draft Statement of Findings and Facts 10 Final Statement of Findings and Facts 10 Statement of Overriding Considerations 10 Resolutions 10 Draft Mitigation Monitoring Program 10 Final Mitigation Monitoring Program 10 Pwri isorc.UeouseLSM 20 Attachment B City of San Bernardino 3 • t"ity Council •Planning Commission • City staff A .. }s Fred Ta1at Principal-In-Lsam Jue Senior Associate EDAW Project Manager Dale Glenn Pant Tuchler R> tltasell Principal I��y �n W �. t 1Flcipal Principal A = f 3 Solos 4reoteshnical Tischler&Associates,Inc. RMW Paleo Associates COT-Poration s k g wciolp-conomic Market Archaeological Analysis SeiamisitylLiquefaction InWa A�talysis (Carousel Mail EIR only) slr�t� � ,Tits Sterrett �. Senior Patrick Gfl! pt # $ PrmcipFBl e Kale Associates City of San ►uc4NiOMI/072e"o.g E D A W EDAW'S Standard Hourly Rate Schedule Effective January 1, 1994 SCHEDULE OF FEES for Professional Services Time Charges Hourly Rate Range Principals $100.00 - $175.00 Senior Associates $75.00 - $125.00 Associates $50.00 - $ 91.00 Professional, Administrative & $30.00 - $ 75.00 Word Processing Staff EDAW's hourly rate schedule is subject to adjustment in January and July of each year. Reimbursable Expenses 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 purchase of special equipment and materials, long distance telephone, telex, fax, special shipping or delivery, models and renderings, lodging and subsistence. P.wd1150INCAROUSE—SM 2 INVOICING AND PAYMENT POLICIES 1. In contracting with EDAW, Inc. for professional services, client warrants that funds are available to compensate EDAW 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 financial commitments by lending institutions or other third parties. 2. Invoices are submitted by EDAW 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 EDAW, 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 EDAW 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 EDAW, Inc. decides to so suspend its work, EDAW 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 EDAW, 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 contracf 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 LIABILITY 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. rwri isorCAROUSELSM 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 Liability 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 JENERAL LIABILITY Insurance Co.: Zurich Insurance Company Policy Number Policy Dates Liability Limits CPO5181149-06 7/1/94-7/1/95 CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers. Inj. $1,000,000 per occ. HIRED & NON OWNED AUTOMOBILE Insurance Co.: Zurich Insurance Company Policy Number Policy Dates Liability Limits CPO5181149-06 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 CU5181150=06 7/1/94-7/1/95 Single $4,000,000 occurrence Single $4,000,000 aggregate r\ANI1501NCAxous-sM I PROFESSIONAL LIABILITY Insurance Co: Continental Casualty Company Policy Number Policy Dates Liability 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 Liability 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 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 ^overage requirements are an additional charge; consult the business manager. Insurance Co: Zurich Insurance Company FOREIGN GENERAL LIABILITY Policy Number Policy Dates Liability Limits CGL6422244-01 7/1/94-7/1/95 CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers. Inj. $1,000,000 per occ. PwvIisoivc ROUSE-sco 2 I 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 INLAND CENTER MALL EXPANSION PROJECT. 4 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 in 8 support of the proposed expansion at the Inland Center Mall. An 9 Agreement for Services is therefore awarded accordingly to said 10 firm for the total amount of $119, 107 but such award shall be 11 effective only upon the Agreement for Services being fully executed 12 by all parties. The Mayor is hereby authorized and directed to 13 execute said Agreement for Services on behalf of the City; a copy 14 of the agreement is on file in the office of the City Clerk and 15 incorporated herein by reference. 16 17 SECTION 2. This Agreement for Services and any amendment or 18 modification thereto shall not take effect or become operative 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 oral agreements, amendments, modifications, or waivers are intended 22 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 to the Agreement for Services fail to execute it within ninety (90) 27 days of the passage of this resolution. 28 346 0 1 RESO: AWARDING AGREEMENT FOR SERVICES TO EDAW, INC. FOR PREPARATION OF THE INLAND CENTER MALL ENVIRONMENTAL 2 IMPACT REPORT 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting thereof, held on the 7 day of 1994 , by the following vote, to-wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 DEVLIN 15 POPE-LUDLAM 16 MILLER 17 18 19 City Clerk 20 The foregoing ordinance is hereby approved this day of 21 , 1994. 22 Tom Minor, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN 26 City- Attorney 27 By: 28 AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. 94-5 THIS AGREEMENT made and entered into this day of August, 1994, by and between the CITY OF SAN BERNARDINO and EDAW, Inc.. RE ITAL 1. rPt pose 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. Terms 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 Responsibilities 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 FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. 5. Replacement 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 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 Information 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. Confidentiality of Reports 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. Compensation The CITY agrees to pay Consultant for the Scope of Work, as described in Attachment C for the Inland Center Mall EIR 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%)-of the AGREEMENT. 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 EDAW, Inc. and mailed to EDAW, Inc., Department 1864, P.O. Box 61000, San Francisco, California 94161-1864. 2 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. 9. Department Support 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 Assignment 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 all liability, 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. Insura—no 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. 15. Compliance 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 pay or 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. Interpretation 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 Agreement This Agreement with Attachments A.B, C and D constitutes the entire understanding and agreement of the parties. 20. Waive r No breach of any provision can be waived unless in writing. Waiver of any one 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. Termination 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 EDAW, 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. 5 rw AGREEMENT 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 AND CENTER MALL Attachment A MO MI 1 ' TASK 1.0 PROJECT OJEC 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 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 Initial 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:WNlo IANLAMSM 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, EDAW will work with City staff to clearly define their objectives and expectations of the process including the methodology and significance criteria for each environmental topic. To complete this subtask, EDAW will accomplish the following: 1. EDAW will meet with City staff to determine data availability. 2. EDAW 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. EDAW will prepare and submit to City staff a list of required additional information. 4. Upon receipt of all data, EDAW 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 finalized 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, EDAW will complete the following: 1. The EDAW Director will meet with the City staff to review the computerized tentative schedule with definitive milestone dates for all work products and ranges of dates for all meeting and hearings. 2. The EDAW 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 EDAW Director and revised copies of the schedule will be provided to the City and project team. 1.'.MI 30NNL MSM 2 r TASK 2.0 PREPARATION OF ENVIRONMENTAL DOCUMENTS All environmental documentation for the proposed project will be prepared by EDAW 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 DRAFT,PRELIMINARY DRAFT, AND DRAFT ENVIRONMENTAL IMPACT REPORT EDAW will prepare a Screencheck Draft EIR for submittal to the City for review and comment. Upon incorporation of all revisions and comments, EDAW will submit a Preliminary Draft EIR for final approval by City staff. Upon final approval of the Preliminary Draft EIR by City staff, the Draft EIR will be printed by EDAW 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 Bernardino. 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, EDAW will meet with City 1M14N1 r%U4 kM-SM 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 Impacts, Mitigation Measures, and Level of Significance 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 Proposed 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. EDAW will identify the project applicant and other key contacts, define 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. EDAW will prepare a detailed discussion of past environmental documents including the proper citations for past 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. I.MNI 3oNNLAM= 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. EDAW 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 (TAZ) or other mutually agreed upon units of analysis. Regional 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, EDAW will take the following actions: 1. EDAW 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. EDAW will complete the proposed project description. The project description 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. EDAW 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.MNlmon 4AMSM 5 6. EDAW 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. EDAW 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 CONDITIONS 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 Seismicitv/Liauefactim . It is anticipated that earth resources will have an impact on the proposed Inland Center Mall. Solus Geotechnical Corporation in association with EDAW 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. Liquefaction issues and regional seismicity will be analyzed. P:4N1030rJNL"n.srn 6 2. EDAW and Solus Geotechnical Corporation will identify all potential project-specific and cumulative earth resource impacts. 3. EDAW and Solus Geotechnical Corporation will propose mitigation measures for identified earth resource impacts. 4. Based upon the proposed mitigation measures,EDAW will define 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. EDAW 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. EDAW 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 generated mobil source emissions. 4. Temporary construction impacts, especially with regard to fugitive dust emissions from construction, will be evaluated and quantified 5. EDAW will review 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. EDAW will propose mitigation measures for identified air quality impacts. 9. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. P-MNI oMLAM-SM 7 0 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. EDAW will prepare a noise analysis of the proposed project. EDAW will summarize the analysis in the EIR. The following steps will be taken: 1. EDAW will review existing noise data for the project vicinity. 2. EDAW will use the FHWA highway noise model ("FHWA 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. EDAW 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. EDAW will propose mitigation measures for identified noise impacts. 5. Based upon the proposed mitigation measures,EDAW will define 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 EER. 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 EDAW will describe the existing on-site and off-site land uses and the adopted land use plans. 2. EDAW 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 proposed Inland Center Mall project and the Carousel Mall project individually and cumulatively. FMAN1030MIA, SM 8 3. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. Transportation/Circulation 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. EDAW 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 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 define all project-specific and cumulative transportation/circulation impacts of the proposed project. 6. Kaku Associates and EDAW will propose mitigation measures for identified impacts. 7. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. P.\4N1M1\NLAMSM 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 cumulative projects. EDAW 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, EDAW 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: Water/Sewer 1. EDAW will describe how water and sewer service will be provided to the project site. 2. EDAW will assess the location, source, and capacity of these systems to serve the proposed project. 3. EDAW will identify all project-specific and cumulative impacts. 4. EDAW will propose mitigation measures for identified impacts. 5. Based upon the proposed mitigation measures,EDAW will define 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 format. This matrix will present the defined alternatives and their respective impacts. The alternatives section will describe each alternative and discuss whether it has been rejected from further consideration. EDAW will evaluate alternatives whic}i 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 rwa,o3onun.�rro 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: 1. EDAW will meet with City staff and each applicant to establish a description of each alternative. Each potentially viable alternative will be included. 2. EDAW 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 Topics • Project Impacts • Alternatives Reduction/Ehmination of Impact • Qualitative and/or Quantitative Analysis Alternative Impacts • Alternative Impacts that are not Project Impacts • Alternatives Contribution to Cumulative Impacts Reiection Rationale 4. EDAW 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. PN4N1030NN1AND= 11 The Relationship Between Local Short-Term Uses of the Environment and the Maintenance and Enhancement of Long-Term Productivity 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. EDAW 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. Significant Irreversible Environmental Changes Which Would Be Involved In the Proposed Action Should It Be Implemented Approval of the development project will irreversibly commit the site to urban uses. EDAW will evaluate the impact of the project and indicate any actions that represent significant irreversible environmental changes. Growth-Inducing Impacts of the Proposed 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 EDAW 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: Summary of Mitigation Measures In addition to the discussion of recommended mitigation measures within each topical section, EDAW will provide a summary list of all proposed mitigation measures. RUNI INDRA SM 12 Summary of Impacts Found Not to be Significant EDAW will prepare a summary of those impacts which were determined to be insignificant. Summary of Impacts Mitigated to a Level of Insignificance EDAW will provide a summary of impacts reduced to a level of insignificance through implementation of mitigation measures. Summary of Unavoidable Adverse Impacts of the Proposed Proiect EDAW 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 decisionmakers 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 Organizations 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. Preparers of and Contributors to the Report This section will also be provided in accordance with the requirements of CEQA and the City. It will list those individuals from EDAW, 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 EDAW and will be delivered to the City within twenty-four hours of request. APPENDICES The Appendices to the EIR will contain the following: P:\4N1030r4NLkMSM 13 Inland Center 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 - Traffic/Circulation Report Appendix G - Sewer/Water Assessment Appendix H - Correspondence SUBTASK 2.4 RESPONSE TO COMMENTS DOCUMENT EDAW 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, EDAW 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, EDAW will provide the City with a Final EIR. F'\AN1 1\NLkM SM 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,EDAW 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,EDAW 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 EDAW 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 EDAW 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 Overriding Considerations, and approval of the project. P.Wd1030NNIANDSM 15 TASK 4.0 MITIGATION MONITORING PROGRAM SUBTASK 4.1 AND 4.2 DRAFT AND FINAL MITIGATION MONITORING PROGRAM EDAW 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 final program, EDAW will make any necessary corrections to reflect staff comments and Planning Commission and City Council actions. ORGANIZATION AND FORMAT OF MONITORING/REPORTING 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 Monitoring/Reporting 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 EDAW will prepare a final 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. 11\010301\94-AM-SM 16 0 SUMMARIES Summary of Impacts A summary of all significant impacts will be provided in list form. Summary of Mitigation 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 rMN1030 RAM-SM 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. 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. 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 COMMITTEE MEETINGS Mr. Talarico and Ms. Jue will attend two (2) Environmental Review Committee meetings. EDAW will be prepared to make all necessary presentations and answer any questions related to the environmental document. SUBTASK 5.5 PLANNING COMMISSION HEARINGS Mr. Talarico and Ms. Jue will attend two (2) Planning Commission Hearings. EDAW 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. SUBTASK 5.6 CITY COUNCIL HEARINGS Mr. Talarico and Ms. Jue will attend two (2) City Council Hearings. EDAW 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. 1 u\MI oPMAMSM 18 DELIVERABLES The following is a list of deliverables with a number of copies we propose to provide the City. EDAW will submit these documents in accordance with the project schedule. Deliverables Number of Conies Screencheck Draft EIR 10 Screencheck Draft EIR Appendices 10 Preliminary Draft EIR 10 Preliminary Draft EIR Appendices 10 Draft EIR 75 Draft EIR Appendices 75 Draft Response to Comments Document 10 Response to Comments Document 75 Final EIR 10 Final EIR Appendices 10 Draft Statement of Findings and Facts 10 Final Statement of Findings and Facts 10 Statement of Overriding Considerations 10 Resolutions 10 Draft Mitigation Monitoring Program 10 Final Mitigation Monitoring Program 10 P 4NIWMLAM_%W 19 ENTIRE' PRO FROM Attachment B City of San Bernardino' -City Council -Planning Commission -City Stall ;gp x Citizen Input Fred Talarico Principal In-Chargt EDA'W Lauren Jue Senior Associate EDA W Project Manager Date Glenn Psal'i33+ Tim Gnihns Principal Principal Patrick Gibson Associate Solus Geotechnical Tischler&Associates,Inc. Principal EDAW t' - -rattan Kaku Associates '� "�" - -- SociorEcanomic Market q Air,Noise,Sewer SeismisitytLigxefaction 1 act Anal sis to ctC�rc�rlationk :.x.:.... mP y and Water Analysts City of Sa.. MAC4NIO301/0776%'Orf E D A W Attachment C EDAW 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 defined as within approximately 2 months of each other): Subtask 1.1 Data Collection Subtask 1.2 Project Schedule Subtask 5.1 Initial Kick-Off Meeting (1) Subtask 5.2 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. EDAW 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 EDAW's standard hourly rate schedule and invoicing and payment policies. EDAW Labor $65,402.00 Subconsultants Kakis Associates;-Inc. $28,455.00 Solus Geotechnical Corporation 2,500.00 Tischler & Associates, Inc. 15,750.00 $46,705.00 Expenses $7,000.00 Total Budget $119,107.00 PN4N1030NNIANDSM 1 0 EDAW'S Standard Hourly Rate Schedule Effective January 1, 1994 SCHEDULE OF FEES for Professional Services Time Charges Hourly Rate Range Principals $100.00 - $175.00 Senior Associates $75.00 - $125.00 Associates $50.00 - $ 91.00 Professional, Administrative & $30.00 - $ 75.00 Word Processing Staff EDAW's hourly rate schedule is subject to adjustment in January and July of each year. Reimbursable Expenses 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 purchase of special equipment and materials, long distance telephone, telex, fax, special shipping or delivery, models and renderings, lodging and subsistence. rw�io3onnviwrmsca 2 INVOICING AND PAYMENT POLICIES 1. In contracting with EDAW, Inc. for professional services, client warrants that funds are available to compensate EDAW 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 financial commitments by lending institutions or other third parties. 2. Invoices are submitted by EDAW 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 EDAW, 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 EDAW 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 EDAW, Inc. decides to so suspend its work, EDAW 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 EDAW, 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 aiis-ing out of this contract ensues, uhe 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 LIABILITY 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. rweimoinvurm sco 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 Liability 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 Liability Limits CP05181149-06 7/1/94-7/1/95 CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers. Inj. $1,000,000 per occ. HIRED & NON OWNED AUTOMOBILE Insurance Co.: Zurich Insurance Company Policy Number Policy Dates Liability Limits CP05181149-06 7/1/947/1/95 CSL $1,000,000 EXCESS LIABILITY (UMBRELLA FORM) Insurance Co.: Zurich Insurance Company Policy Number Policy Dates Liability Limits CU518115OL06 7/1/94-7/1/95 Single $4,000,000 occurrence Single $4,000,000 aggregate r:waio3onnvurwseo 1 PROFESSIONAL LIABILITY -isurance Co: Continental Casualty Company Policy Number Policy Dates Liability 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 Liability Limits PENDING 7/1/94-7/1/95 CSL $1,000,000 per occurrence Pers In j. $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 -overage requirements are an additional charge; consult the business manager. insurance Co: Zurich Insurance Company FOREIGN GENERAL LIABILITY Policy Number Policy Dates Liability Limits CGL6422244-01 7/1/94-7/1/95 CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers: Inj. $1,000,000 per occ. rw�,o3onnr,wrro sco 2 CITY OF SAN BERN IDINO - REQUEST F R COUNCIL ACTION From: AL BOUGHEY, DIRECTOR Subject: AGREEMENT FOR SERVICES INLAND CENTER MALL EXPANSION Dept: PLANNING AND BUILDING SERVICES ENVIRONMENTAL IMPACT REPORT Date: AUGUST 24, 1994 MAYOR AND COMMON COUNCIL SEPTEMBER 6. 1994 Synopsis of Previous Council action: CONTINUED FROM MAYOR AND COMMON COUNCIL MEETING OF AUGUST 15, 1994. I IDMIN.. OFFIC& i AUG 94 8 : 09 Recommended motion: Adopt resolution. l l;ontect person-, Al Boughey Phone: 5357 Supporting data attached: Staff RP or _; R col u _ion Ward: 3 FUNDING REQUIREMENTS: Amount: 0 Source:(Acct. No.) 772-171-245o5 (Acct. Description) 1 Finance: :ouncil Notes: . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: AGREEMENT FOR SERVICES NO. 94-5, INLAND CENTER MALL EXPANSION ENVIRONMENTAL IMPACT REPORT MAYOR AND COMMON COUNCIL MEETING SEPTEMBER 6, 1994 REQUEST AND LOCATION General Growth Management, Inc. is currently processing Development Agreement application 91-01 for the expansion of the Inland Center Mall. As a result of the potentially significant environmental impacts associated with the project, the California Environmental Quality Act (CEQA), requires that an Environmental Impact Report be prepared for the application as environmental clearance. Inland Center Mall, located at the intersection of Inland Center Drive and the I-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 As originally envisioned, Inland Center Mall and Carousel Mall were to process concurrent Development Agreement applications. One consultant was retained to prepare two EIR's utilizing shared information and shared costs. Agreements for Services for both Carousel Mall and Inland Center Mall were then brought before the Mayor and Common Council for approval on August 15, 1994. However, a request was made by Carousel Mall to continue their agreement so that additional time could be spent reviewing the agreement. Given that the two agreements were interdependent, staff recommended continuance of both agreements. Since August 15, 1994, Carousel Mall has decided to put their Development Agreement application on hold for approximately two to four months. Staff therefore proposes to secure approval of Agreement for Services 94-5 and continue processing the Inland Center Mall application without Carousel Mall. 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 Inland Center Mall EIR Agreement for Services September 6, 1994 Page 2 and Inland Center Mall expansions. A review/selection committee was established comprised of Chuck Bell, a consultant hired to assist staff, 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. EDAW 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. 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 cost of preparing the Environmental Impact Report will be borne solely by the applicant (Inland Center Mall). The applicant will sign the agreement and provide funding upon ratification of the agreement by the Mayor and Common Council. The costs of staffs time will also be borne by the applicant subject to the direct cost recovery procedure associated with Development Agreement applications. SCOPE OF WORK The proposed Scope of Work for the Environmental Impact Report has been included as an attachment to this staff report. The scope provides definable tasks for preparation of the document including data collection, preparation of a Draft and Final EIR, findings and facts, and statements of overriding considerations as well as attendance at meetings and hearings. Inland Center Mall EIR Agreement for Services September 6, 1994 Page 3 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 of at least 15% minority owned and 5% women owned businesses. LOCAL 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, EDAW, was best able to prepare the documents and fulfill the City's needs and requirements. RECOMMENDATION Staff recommends that the Mayor and Common Council adopt the resolution approving the Agreement for Services, for the preparation of the Environmental Impact Report for the Inland Center Mall expansion in the amount of$148,682.00. Prepared by: Conal McNamara, Assistant Planner for Al Boughey, AICP, Director Planning and Building Services Exhibits 1. Resolution authorizing Agreement for Services No. 94-5 for Inland Center Mall. 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AGREEMENT FOR SERVICES TO EDAW, INC. FOR 3 PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED INLAND CENTER MALL EXPANSION PROJECT 4 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 7 selection process, was chosen to prepare an Environmental 8 Impact Report in support of the proposed expansion at the 9 Inland Center Mall. An Agreement for Services is therefore 10 awarded accordingly to said firm for the total amount of 11 $148,682 but such award shall be effective only upon the 12 agreements for services being fully executed by all parties. 13 The Mayor is hereby authorized and directed to execute said 14 Agreement for Services on behalf of the City; a copy of the 15 agreement is on file in the office of the City Clerk and 16 incorporated herein by reference. 17 SECTION 2. This Agreement for Services and any amendment 18 or modification thereto shall not take effect or become 19 operative until fully signed and executed by the parties and 20 no party shall be obligated hereunder until the time of such 21 full execution. No oral agreements, amendments, 22 modifications, or waivers are intended or authorized and shall 23 not be implied from any act or course of conduct of any party. 24 SECTION 3. This resolution is hereby rescinded if the 25 parties to the Agreement for Services fail to execute it 26 within ninety f the Y 90( ) days Y passage of this resolution. 27 28 1 RESO: AWARDING AGREEMENT FOR SERVICES TO EDAW, INC. FOR PREPARATION OF THE INLAND CENTER MALL ENVIRONMENTAL 2 IMPACT REPORT 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting thereof, held on the 7 day of 1994, by the following vote, to-wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 DEVLIN 15 POPE-LUDLAM 16 MILLER 17 18 19 City Clerk 20 The foregoing ordinance is hereby approved this day of 21 , 1994. 22 Tom Minor, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN 26 City Attorney 27 By: 28 AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. 945 THIS AGREEMENT made and entered into this day of September, 1994, by and between the CITY OF SAN BERNARDINO ("City") and EDAW, Inc. ("Consultant"). RE ITA 1. Purp 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, D and E. 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. Term 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 Responsibilities Consultant shall complete the Scope of Work described in Attachment A. Consultant commits the principal personnel listed in Attachment B for the duration of the project. 1 0 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BAN BERNARDINO AND EDAW, INC. 5. Replacement 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 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 Information 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. Confidentiality of Reports 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. Compensation The CITY agrees to pay Consultant for the Scope of Work, as described in Attachment C for the Inland Center Mall EIR Project. This amount will not exceed $148,682.00 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%) of the AGREEMENT. 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 EDAW, Inc. and mailed to EDAW, Inc., Department 1864, P.O. Box 61000, San Francisco, California 94161-1864. 2 _4�.. -- AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. 9. Department Support 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 Assignment 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 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. 14. Imurance 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. Compliance 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 pay or 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. Severabilily 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. Interpretation 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 Agreement This Agreement with Attachments A, B, C, D and E constitutes the entire understanding and agreement of the parties. 4 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND EDAW, INC. 20. Waive r No breach of any provision can be waived unless in writing. Waiver of any one 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. Termination 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 EDAW, 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. 5 AGREEMENT 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 Jdh P ' AND CENTER MALL Attachment A 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 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 Initial 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) F.^M mo j r 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, EDAW will work with City staff to clearly define their objectives and expectations of the process including the methodology and significance criteria for each environmental topic. To complete this subtask, EDAW will accomplish the following: 1. EDAW will meet with City staff to determine data availability. 2. EDAW 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. EDAW will prepare and submit to City staff a list of required additional information. 4. Upon receipt of all data, EDAW 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 finalized 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, EDAW will complete the following: 1. The EDAW 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 EDAW 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 EDAW Director and revised copies of the schedule will be provided to the City and project team. RW 103OWNLANDAM 2 TASK 2.0 PREPARATION OF ENVIRONMENTAL DOCUMENTS All environmental documentation for the proposed project will be prepared by EDAW 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 DRAFT,PRELEW NARY DRAFT, AND DRAFT ENVIRONMENTAL IMPACT REPORT EDAW will prepare a Screencheck Draft EIR for submittal to the City for review and comment. Upon incorporation of all revisions and comments, EDAW will submit a Preliminary Draft EIR for final approval by City staff. Upon final approval of the Preliminary Draft EIR by City staff, the Draft EIR will be printed by EDAW 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 Bernardino. 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 Alteratives to the Proposed Project. Prior to the preparation of these summaries, EDAW will meet with City RAM103014MA DSM 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 Project Summary of Impacts, Mitigation Measures, and Level of Significance 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 Proposed 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. EDAW will identify the project applicant and other key contacts, define 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. EDAW will prepare a detailed discussion of past environmental documents including the proper citations for past 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. PN4410MM A ISM 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. EDAW 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 (TAZ) or other mutually agreed upon units of analysis. Re6onal 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,EDAW will take the following actions: 1. EDAW 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. EDAW will complete the proposed project description. The project description 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. EDAW 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, e and surrounding Cities to verify the cumulative projects assumptions. P.AN1030AWI.AIm SC0 5 s 6. EDAW 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. EDAW 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 CONDITIONS IMPACTS State and/or City Impact Criteria Project-Specific - Cumulative NIITIGATION 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 Seismicitv/Liouefaction It is anticipated that earth resources will have an impact on the proposed Inland Center Mall. Solus Geotechnical Corporation in association with EDAW 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. Liquefaction issues and regional seismicity will be analyzed. r.4N1030 LAND co 6 2. EDAW and Solus Geotechnical Corporation will identify all potential project-specific and cumulative earth resource impacts. 3. EDAW and Solus Geotechnical Corporation will propose mitigation measures for identified earth resource impacts. 4. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. Air Quality 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. EDAW 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. EDAW 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 generated mobil source emissions. 4. Temporary construction impacts, especially with regard to fugitive dust emissions from construction, will be evaluated and quantified. S. EDAW will review 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. EDAW will propose mitigation measures for identified air quality impacts. 9. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. P\M103ONGAM M 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. EDAW will prepare a noise analysis of the proposed project. EDAW will summarize the analysis in the EIR. The following steps will be taken: 1. EDAW will review existing noise data for the project vicinity. 2. EDAW will use the FHWA highway noise model ("FHWA 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. EDAW 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. EDAW will propose mitigation measures for identified noise impacts. 5. Based upon the proposed mitigation measures,EDAW will define 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 socio/economic 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 EDAW will describe the existing on-site and off-site land uses and the adopted land use plans. 2. EDAW 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 proposed Inland Center Mall project and the Carousel Mall project individually and cumulatively. 1 u\WIO MNIAMAM 8 3. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. Transportation/Circulation It is anticipated that the proposed projects will have an impact on traffic and circulation. Kaku Associates will p.—cpare 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. EDAW 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 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 define all project-specific and cumulative transportation/circulation impacts of the proposed project. 6. Kaku Associates and EDAW will propose mitigation measures for identified impacts. 7. Based upon the proposed mitigation measures,EDAW will define the level of significance for each project-specific and cumulative impact. rw 10301 NLAMASM 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 cumulative projects. EDAW 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, EDAW 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: Water/Sewer 1. EDAW will describe how water and sewer service will be provided to the project site. 2. EDAW will assess the location, source, and capacity of these systems to serve the proposed project. 3. EDAW will identify all project-specific and cumulative impacts. 4. EDAW will propose mitigation measures for identified impacts. 5. Based upon the proposed mitigation measures,EDAW will define 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 format. This matrix will present the defined alternatives and their respective impacts. The alternatives section will describe each alternative and discuss whether it has been rejected from further consideration. EDAW 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 rwr1030AW ANDAM 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: 1. EDAW will meet with City staff and each applicant to establish a description of each alternative. Each potentially viable alternative will be included. 2. EDAW 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 Topics • Project Impacts • Alternatives Reduction/Elimination of Impact • Qualitative and/or Quantitative Analysis Alternative Impacts • Alternative Impacts that are not Project Impacts • Alternatives Contribution to Cumulative Impacts Reiection Rationale 4. EDAW 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. s rwr,o3o,�wtwrm.sco 11 The Relationship Between Local Short-Term Uses of the Environment and the Maintenance and Enhancement of Long-Term Productivity 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. EDAW will discuss the long-term commitment to uses of the site and evaluate the shat-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. Significant Irreversible Environmental Changes Which Would Be Involved In the Proposed Action Should It Be Implemented Approval of the development project will irreversibly commit the site to urban uses. EDAW will evaluate the impact of the project and indicate any actions that represent significant irreversible environmental changes. Growth-Inducing Impacts of the Proposed 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 EDAW 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: Summary of Mitigation Measures In addition to the discussion of recommended mitigation measures within each topical section, EDAW will provide a summary list of all proposed mitigation measures. RAMI MdAMSM 12 Summary of Impacts Found Not to be Significant EDAW will prepare a summary of those impacts which were determined to be insignificant. Summary of Impacts Mitigated to a Level of Insignificance EDAW will provide a summary of impacts reduced to a level of insignificance through implementation of mitigation measures. Summary of Unavoidable Adverse Impacts of the Proposed Protect EDAW 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 decisionmakers 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 Oar 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. Preparers of and Contributors to the Report This section will also be provided in accordance with the requirements of CEQA and the City. It will list those individuals from EDAW, 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 EDAW and will be delivered to the City within twenty-four hours of request. APPENDICES The Appendices to the EIR will contain the following: P.'ANI oNMAMAM 13 Inland Center Mall Appendix A - Public Participation and Review Appendix B - Earth Resources Assessment Appendix C - Air Quality Assessment Appendix D - Noise Assessment Appendix E - Lard Use Assessment Appendix F - Traffic/Circulation Report Appendix G - Sewer/Water Assessment Appendix H - Correspondence SUBTASK 2.4 RESPONSE TO COMMENTS DOCUMENT EDAW 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, EDAW 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, EDAW will provide the City with a Final EIR. rwv,aoo,�wtwwnsco 14 Nor— 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,EDAW 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,EDAW 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 EDAW 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 EDAW 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, Certificatign of the EIR, Findings and Facts, Statement of Overriding Considerations, and approval of the project. r.�io0o�aw�wcc 15 TASK 4.0 MITIGATION MONITORING PROGRAM SUBTASK 4.1 AND 4.2 DRAFT AND FINAL MITIGATION MONITORING PROGRAM EDAW 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 final program, EDAW will make any necessary corrections to reflect staff comments and Planning Commission and City Council actions. ORGANIZATION AND FORMAT OF MONITORING/REPORTING 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 Monitoring/Reporting 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 EDAW will prepare a final 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. r.�w,o3o,�n�i.►Nn sco 16 SUMMARIES Summary of Impacts A summary of all significant impacts will be provided in list form. Summary of Mitigation 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 PAM1030nn LAND-SM 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. 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. 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 COMMITTEE MEETINGS Mr. Talarico and Ms. Jue will attend two (2) Environmental Review Committee meetings. EDAW will be prepared to make all necessary presentations and answer any questions related to the environmental document. SUBTASK 5.5 PLANNING COMMISSION HEARINGS Mr. Talarico and Ms. Jue will attend two (2) Planning Commission Hearings. EDAW 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. SUBTASK 5.6 CITY COUNCIL HEARINGS Mr. Talarico and Ms. Jue will attend two (2) City Council Hearings. EDAW 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.MN1030NNUNDSCO 18 NOWITOW DELIVERABLES The following is a list of deliverables with a number of copies we propose to provide the City. EDAW will submit these documents in accordance with the project schedule. Deliverables Number of Copies Screencheck Draft EIR 10 Screencheck Draft EIR Appendices 10 Preliminary Draft EIR 10 Preliminary Draft EIR Appendices 10 Draft EIR 75 Draft EIR Appendices 75 Draft Response to Comments Document 10 Response to Comments Document 75 Final EIR 10 Final EIR Appendices 10 Draft Statement of Findings and Facts 10 Final Statement of Findings and Facts 10 Statement of Overriding Considerations 10 Resolutions 10 Draft Mitigation Monitoring Program 10 Final Mitigation Monitoring Program 10 P.MNIO onw AMSM 19 1 Attachment B City of San Bernardino •City council • Planning Commission •City Staff Agency<Input Citizen Input Fred Tabrico Ptiucpal Ia- rge MY- Lauren Joe Senior Associate EDAW Projret Manager Dsk nllaas � ee ,$:..h .>; y,• '" o K"S..<� "'s��fim„s,•`".�, .`"'�t :e qw�" �' jk za°aa:. s San E DA W Attachment C 1 EDAW will complete the proposed scope of services on a time and materials basis for a not-to- exceed budget cf$148,682.00 for labor, subconsultants, and expenses. EDAW 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 EDAW's standard hourly rate schedule and invoicing and payment policies. EDAW Labor $73,402.00 Subconsultants Kaku Associates, Inc. $34,280.00 Solus Geotechnical Corporation 2,500.00 Tischler & Associates, Inc. 31,500.00 $68,280.00 Expenses $7,000.00 Total Budget $1489,682.00 r.Uximorn AND-SM 1 EDAW'S Standard Hourly Rate Schedule Effective January 1, 1994 SCHEDULE OF FEES for Professional Services Time Charges Hourly Rate Range Principals $100.00 - $175.00 Senior Associates $75.00 - $125.00 Associates $50.00 - $ 91.00 Professional, Administrative & $30.00 - $ 75.00 Word Processing Staff EDAW's hourly rate schedule is subject to adjustment in January and July of each year. Reimbursable Expenses 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 '0. 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^MI 0PZQ ►M-SM 2 INVOICING AND PAYMENT POLICIES 1. In contracting with EDAW, Inc. for professional services, client warrants that funds are available to compensate EDAW 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 financial commitments by lending institutions or other third parties. 2. Invoices are submitted by EDAW 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 EDAW, 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 EDAW 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 EDAW, Inc. decides to so suspend its work, EDAW 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 parry, that may arise from or be related to such a work suspension. Client agrees to hold EDAW, 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 parry 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 LIABILITY 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. r.�w,mo,�rtwrtn seo 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/l/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 Liability 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 Liability Limits CP05181149-06 7/l/94-7/1/95 CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers. Inj. $1,000,000 per occ. HIRED & NON OWNED AUTOMOBILE Insurance Co.: Zurich Insurance Company Policy Number Policy Dates Liability 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 CU5181150-06 7/1/94-7/1/95 Single $4,000,000 occurrence Single $4,000,000 aggregate PNOOMN IAM-SM I PROFESSIONAL LIABILITY Insurance Co: Continental Casualty Company Policy Number Policy Dates Liability 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 Liability 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 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 Liability Limits CGL6422244-01 7/1/94-7/1/95 CSL $1,000,000 per occurrence CSL $2,000,000 aggregate Pers: Inj. $1,000,000 per occ. rrw,o3onnrtwrro sco 2 Attachment E CITY OF SAN BERNAR.INO DEPARTMENT OF PLANNING A:rM BUILDING SERVICES REQUEST FOR PI'O 10SALS (RFP) Preparation of two (2) Environmental Impact Reports, Mitigation Monitoring Programs, and Statement of Overriding Considerations INLAND C :NTER MALL & CAROUSEL MALL EXPANSIONS 1.0 INTRODUCTION The City of San Bernardino Department of Planning and Building Services is seeking qualified environmental consultants to prepare environmental impact reports in support of two(2)separate applications, both located in the City of San Bernardino: 1. General Growth Management, Incorporated's proposal to expand the Inland Center Mall; and 2. Central City Company's proposal to expand the Carousel Mall. As a result of the projects' proximity to one another, their direct impact on each other, and the potential for associated cumulative impacts, the City is desirous of securing one (1) consultant to prepare both Environmental Impact Reports. This arrangement will ensure that both projects will be processed on a similar timeframe while still maintaining a degree of flexibility should one EIR proceed more quickly. These two projects envision the phased construction of 1,120,317 square feet of additional retail and common area space, specifically: Inland Cowr Mall Proposal: Except for the multi-level anchor stores, the existing mall is single story with all outside parking at grade. Inland Center Mall is proposing to add an additional 776,465 gross square feet to the mall consisting of 540,000 square feet in three potential department stores and 236,465 in a second retail level of the mall for a total of 1,762,348 square feet as well as an additional 3,051 parking spaces within four (4) structures for a total of 7,451 parldng spaces. This represents roughly a 79% increase in commercial uses. Corrvusel Mall Proposal: The mall currently has two (2) levels, with three (3) multi-level anchor stores. Parking is available at grade and in a multi-level structure. Carousel Mall is proposing to add an additional 321,052 square feet of retail space and 22,800 square feet of common area to the mall for a total of 1,528,355 square feet as well as an additional 2,176 parldng spaces within three (3) structures for a total of 5,800 parking spaces. This represents roughly a 30% increase in commercial uses. The City has completed a detailed Initial Study and issued a Notice of Preparation of an Environmental Impact Report (EIR) for the proposed Inland Center Mall expansion project. Finalization of the Initial Study and circulation of the NOP for the Carousel Mall expansion are forthcoming. At a minimum the EIR's will be focused on the following issues: socio/economic, seismic/liquefaction, air quality, water quality/quantity, noise, and transportation/circulation. The consultants selected by the City will prepare the Draft and Final EIR's, the Mitigation Monitoring and Reporting Program (MMRP), and, if required, Statements of Overriding Consideration (SOC) for each project. Neither project will require General Plan Amendments or Development Code Amendments. Both sites are zoned Commercial Regional (CR-1). These documents will be prepared under contract to the City for the City's use in processing Development Agreements for both Malls' expansions, but the City will independently review the documents for accuracy and adequacy in accordance with the California Environmental Quality Act (CEQA) and the State and City CEQA Guidelines. The consultant selected for this contract will be required to attend hearings and make presentations in support of City Staff on an as needed basis. 2.0 PROJECT BACKGROUND AND DESCRIPTION 2.1 Project Background Inland Center Mall The application for Development Agreement 91-01 was originally submitted on November 6, 1991. Upon reaching the Mayor and Common Council, the environmental determination (Mitigated Negative Declaration) was questioned and staff was then directed to prepare an EIR for the proposed project. A Revised Initial Study has been prepared by Tom Dodson & Associates which has been reviewed and analyzed by staff, pursuant to Section 21082.1 of CEQA. Carousel Mall The application for Development Agreement 94-01 was submitted on January 24, 1994. An Initial Study has been prepared by the Lilburn Corporation and will be presented to the City's Environmental Review Committee shortly. Notice of Preparation proceedings will then be initiated. 2 2.2 Project Description The proposed project consists of the specific facilities proposed for development in each phase of the Malls' expansions and the text of the proposed Development Agreements (Carousel Mall Development Agreement forthcoming) which contain Zommitments on the part of both the City and the project proponent that may affect the environment. For the Inland Center Mall expansion, one copy of the NOP, Initial Study and Draft Development Agreement is artached to this RFP for review and consideration in preparing your proposal. For the Carousel Mall expansion, a copy of the Draft Initial Study has been included. Inland Center Mall Proposal General Growth Management, Inc. is proposing to add a second level to the Inland Center Mall (ICM) located in the City of San Bernardino. This proposal includes three new major department stores. ICM presently encompasses approximately 62.5 acres of area and contains 883,829 square feet of space. The project applicant reflects the conceptual design for the development which would allow the addition of 676,005 square feet of gross leasable area (GLA) and 776,465 square feet as gross building area (GBA). The project would be constructed in phases as outlined in the Initial Study. As presently envisioned, the proposed development would be completed or "built-out" by the year 2000. A list of uses that will be permitted at the ICM is provided in the Initial Study and includes those typically found at regional shopping malls throughout southern California. As described in the Development Agreement, the three new major soaves could add up to 540,000 square feet of gross building area. The Second level at ICM could contain up to 136,000 GLA/236,465 GBA square feet of retail area. The project envisions up to four new parking structures to provide an additional 3,051 spaces. Total commercial structures at ICM at build-out would encompass about 1,559,834 GLA/1,762,348 GBA square feet and a total of 7,451 parking spaces (4.8 spaces per 1,000 GLA square feet) would be provided. Additional support facilities (i.e., power lines, water lines, sewer lines) would be constructed as needed at the ICM to support these proposed facilities. Current total employment at ICM is approximately 1,3017 persons. The additional facilities are forecast to add approximately 1,245 new employees, for a total employment of 2,562 employees at build-out. The total number of employees on-site at any one time is estimated to average 1,325 persons, with 1,665 employees on-site during peak shopping periods, such as Christmas. The remaining contents of the Development Agreement address procedural matters that will not cause physical changes in the environment. Three stages of activity must be evaluated in the EIR for this project: site preparation, construction, and operations. 3 Carousel Mall Proposal Central City Company is proposing to expand the existing Carousel Mall facility by adding 321,052 square feet of additional retail space, 22,800 square feet of additional common area and three (3) additional parking structures totaling 2,176 new spaces. Expansion activities will also include remodeling of approximately 267,065 square feet of existing retail, commercial, and common area, as well as the extension of "G" Street south to "H" Street through the western portion of the mall site. New development will consist of one additional anchor retail structure totalling approximately 144,000 square feet, eight new commercial/retail structures totalling 177,052 square feet, 22,800 square feet of common area, three multi-level parking structures, and the extension of"G" Street approximately 925 feet south through the western portion of the site to connect with "H" Street. Remodeling operations would include approximately 77,236 square feet of existing retail/commercial space under third party ownership, 153,546 square feet of publicly owned common area, and 44,485 square feet of structures and space under the ownership of Central City Company. The project would be completed in three phases, with final build-out anticipated by the year 2004. The proposed expansion would increase the current leasable retail area an additional 321,052 square feet from 1,023,469 feet to 1,344,521 square feet. Parking spaces will be increased from the current 3,624 spaces to approximately 5,800 spaces. Three stages of activity must be evaluated in the EIR for this project: site preparation, construction, and operations. 3.0 REQUIRED QUALIFICATIONS The selected consultant must have demonstrated abilities in preparing environmental impact reports, including draft and final (responses to comments) EIR's; preparing the Mitigation Monitoring and Reporting Program (MMRP); and compiling a Statement of Overriding Considerations (SOC). The consultant shall demonstrate a knowledge of CEQA, State and City CEQA Guidelines, and the processing of EIR's from screencheck through Final EIR. Further, for each issue that will be evaluated in the EIR's, the selected consultant or its subconsultants must demonstrate experience in conducting field surveys (where necessary) and preparing the technical studies that will be consistent&Ld acceptable to the peer review agencies for each issue (such as the South Coast Air Quality Management District (SCAQMD) for air quality and Caltrans and the San Bernardino Association of Governments (SANBAG) for traffic). , The selected consultant must have expertise in consultation and coordination with the peer review agencies for each issue evaluated in the EIR's. The selected consultant must have experience and expertise in preparing EIR's that successfully characterize environmental issues m a manner that communicates well with the lay public. 4 These skills will include writing skills, demonstrated graphic and other media capabilities, quality control capabilities, and reliable printing and publication capabilities. The proposal must demonstrate an understanding of the specific environmental issues raised in the public record through the completion of the Notice of Preparation comment period. The selected consultant must have experience and expertise in presenting environmental information to the public and to decision makers at public hearings. Bidders must identify a single point of contact that will be available to discuss issues and make decisions on salient issues at all times, regardless of whether the bidder is a single firm or leader of a teaming arrangement. This point of contact cannot be changed without permission from the City. The competitive and sensitive nature of these projects requires the formation of a rigid relationship between the EIR consultant and the City. The consultant, particularly the principal writer, must be isolated from certain contacts with applicants or outside parties. The contract will specify: individuals and/or their titles, their precise roles in this project, the methods and directions of communications, how each individual EIR will proceed based on the receipt of data, etc. 4.0 DESCRIPTION OF SERVICES REQUIRED The City of San Bernardino is seeking a qualified consultant who can provide the full range of professional services necessary to prepare and process two (2) EIR's, prepare MI W's, and, if necessary, prepare a SOC's for the expansions. The professional services required for this contract consists of: • Complete technical studies for those issues requiring professional evaluation (earth resources, noise, socio/economic, and traffic, for example) • Complete Screencheck Draft EIR's for independent review and comment by the City • Incorporate comments and finalize the Draft EIR's for public review and comment, including the MMRP • Compile and respond to all comments received on the Draft EIR's; prepare any additional information required to complete the Final EIR's • Prepare candidate SOC for consideration by decision makers prior to hearings, if any impacts are identified as unavoidably significant • Attend all meetings and hearings required to complete the environmental process so a decision can be made. 4.1 Technical Studies Several of the environmental issues will require that technical studies be prepared by qualified professionals, such as engineering geologists, air quality professionals, acoustical professionals, socio/economics professionals, and traffic engineers. Other issues being addressed in the EIR's can be prepared based on data that is available from various resource agencies, such as the City 5 Municipal Water Department (water resources, water supply and wastewater systems), City Planning and Building Services Department (land use), regional utilities, etc. The selected consultant shall prepare, or have prepared, the required technical studies to meet the highest professional standards for each issue. It is anticipated that the following technical studies, at a minimum, will be provided by the consultant: socio/economic analysis, traffic impact analysis, air quality analysis, seismic/liquefaction analysis and potential archaeological analysis (Carousel Mall). Each technical study shall contain an appropriate statement of the forecast methodology and assumptions used while the fundamental data utilized in making forecasts shall be clearly defined and presented. The forecasts shall be clearly presented along with thresholds for measuring significant impact and the measures available for reducing impacts to the lowest achievable level shall be identified. For each issue the selected consultant shall identify the peer review agencies and professional documents that will be consulted in preparing a technical study. For example, the South Coast Air Quality Management District (SCAQMD) and the current "CEQA Air Quality Handbook" are the agency and document that must, at a minimum, be consulted for air quality issues. Evidence of consultation with peer review agencies and with pertinent documents shall be included in the technical studies. When completed, the technical studies shall become technical appendices to the EIR and they should provide all the information required to make the impact forecast in the EIR document. 4.2 Prepare Screencheck Draft EIR The selected consultant shall prepare Screencheck Draft EIR's that will consist of the following components: - a. Introduction and Executive Summary: The introduction shall,at a minimum,include a very short summary of the proposed project and a summary of the environmental review process for the project through publication of the Screencheck. The Executive Summary should be prepared in a tabular form with an accompanying narrative text and at a minimum shall include a summary of all project and cumulative impacts, mitigation measures and level of impact after mitigation is applied. b. Project Description: The project description shall include a discussion of the project background,location, project characteristics, and project objectives. The description of project characteristics shall focus on those activities or facilities that will be caused by implementing the project. Upon review,this section shall clearly describe the physical changes to the environment that the project will cause. A summary of the alternatives to the proposed project shall be included in this chapter of the EIR. Finally, the method of handling cumulative impact forecasts shall be summarized in this section. The State CEQA Guidelines(I 15130) allow either a regional or a list of projects approach. The selected consultant will include a recommendation in the proposal for the method that best suits this project, and if a project list approach is recommended, the list of projects deemed appropriate shall be included in the proposal. C. Existing Environmental Setting: For each environmental issue addressed in the EIR's, the selected consultant shall provide a description of the existing environmental setting. The level of detail in this 6 chapter of the EIR's shall be sufficient to fully describe the physical and regulatory setting and to provide the reader with adequate information to understand the status of existing resources and systems. For example, the water resource and water supply issues should at a minimum include: quantification of water resources available to the City Municipal Water Department and the water producers in the cumulative impact forecast area, both short- and long-term; and quantification of the current and future water production, storage and delivery capabilities of the Department and water producers in the cumulative impact forecast area. Each issue evaluated in the EIR's shall be given comparable considr:ation. d. Project Impact: The impact forecast for each issue shall include the following sections at a minimum: • quantitative or qualitative impact forecast for each project based on clearly stated forecast methodology, assumptions and thresholds of significant impact, • sufficient information in the impact forecasts to provide a chain of logic that the lay reader can use to understand, and if necessary, replicate conclusions, • the same information for cumulative impacts based on the methodology selected, • feasible mitigation measures for projects and cumulative impacts (any infeasible mitigation measures shall be identified and the reasons for their infeasibility described) and the degree of mitigation achieved, in quantitative or qualitative terms, and • bused on the degree of mitigation achieved for each impact,those unavoidable significant adverse impacts at the end of each issue discussion. e. Mandated CEOA Sections: This chapter of the document shall contain all of the mandated CEQA sections (see § 15126): • A comparative evaluation the alternatives shall be provided. At a minimum the following alternatives should be evaluated:no project,less square footage,and phasing over a longer period Of time. • This EIR will include an exhaustive analysis of (individual and cumulative) socio/economic impacts resulting from these projects,insofar as they relate in potential land-use impacts,physical changes, effects on humans, etc. The consultant must be cognizant of all CEQA law,guidelines, and court cases that determine the extent that a project's social and economic implications must be assessed. • Significant irreversible environmental changes shall be surnumnarind. • Growth inducement of the proposed project shall be evalumed and the selected consultant shall identify the context that will be used to evaluate growth m&wemeat in the proposal. • Cumulative impacts addressed in the project impact chapter shall be sommarumd for the reader. E Separate chapters shall be provided in the EIR's for persons and agencies consutlted, preparation staff, mitigation monitoring and reporting program,and references. Sdaca d appendices shall be included in the EIR's and a separate volume of technical appendices shall be provided. 7 When the Screencheck Draft EIR's are completed ten copies shall be provided to the City Staff for review and comment. 4.3 Finalize the Draft EIR Once comments are returned, the selected consultant will incorporate comments and make revisions as directed by City Staff. A camera ready copy of the Draft EIR's and Technical Appendices will be provided to the Staff for final review. A total of 75 copies of each Draft EIR shall be printed and delivered to the City for distribution. 4.4 Prepare Responses to Comments At the direction of City Staff, the selected consultant shall prepare draft responses to all comments received on the Draft EIR's. If any new or additional information must be developed for the Final EIR's, the selected consultant will be given direction regarding the manner in which such information will be prepared. After review and comment on the draft responses and any additional information by staff, the selected consultant shall prepare Final EIR's, incorporating staff comments which at this time is anticipated to include only the comment letters, the responses to comments, and any additional information provided in response to comments. If the Draft EIR's are revised and reprinted as part of the Final EIR, contract change orders will be issued. 4.5 Prepare Candidate Facts, Findings, and Statement of Overriding Consideration If unavoidable significant adverse environmental impacts are identified for either project, the selected consultant shall prepare candidate facts, findings, and Statements of Overriding Consideration at the direction of City Staff. This document will fully address all facts and findings, project benefits and the deliberations required of a statement of overriding consideration by decision-makers. This document shall fully meet the requirements contained in Sections 15091 through 15093 of the State CEQA Guidelines. 4.6 Meetings The selected consultant shall provide for attendance at two Scoping meetings, two Environmental Review Committee meetings, two Planning Commission meetings and two City Council meetings for each application. Extensive coordination with the City Staff on this project will require several additional meetings. The number of anticipated meetings with City Staff shall be identified in the proposal. 8 Y 5.0 PROPOSAL CONTENT The Proposal section of the proposal will provide the following elements: Introduction to the firm and any subconsultants Qualifications of the key personnel • Financial and organizational capability to perform the contract 0 Proposed schedule of fees • Project understanding • Technical approach • Representations and Certifications regarding insurance, affirmative action, and availability • Affirmative Action • Schedule • Disclosure The proposal should be a concise document; excessive and inappropriate materials submitted will be to the detriment of the bidder's evaluation. The proposals submitted in response to this RFP must address all content requirements or they will be rejected without further consideration. 5.1 Qualifications of Key Personnel An organization chart shall be provided along with a discussion of how the consultant's project team is organized and the anticipated roles of the key personnel identified in the chart. Specific discussion of any subconsultant relationships shall be identified, including past work together. The discussion of key personnel shall include a description of their availability, their role and responsibilities on the project, and their principal academic and professional qualifications. Full resumes shall be included for each of the Joey personnel in an appendix to the proposal. 5.2 Financial and Organizational Capability A statement containing the consultant's financial and organizational capability to conduct the work outlined in the Description of Services Required shall be provided. This shall include: L A statement of the firm's history as an established environmental consultant, Z Previous experience of the firm in preparing environmental documents and services that are described in the Description of Services Required. 3. Previous experience in performing work within the City and study area. 4. Availability of field,laboratory,library,and office facilities and equipment to accomplish the specific tasks outlined above. S. Availability and firm history for key staff. 6. Previous expene= of the firm in performing services on time and within budget. 7. Names. addresses and phone numbers of at least three (3)current and/or former clients(within the past three years) who may be contacted as referaneea. 9 5.3 Schedule of Fees/Costing Scenario The proposal shall include a standard schedule of fees for the consultant and any subconsultants. The application of those fees to complete each of the tasks outlined in the Description of Services Required shall be provided. A breakdown of estimated costs for each task and a total cost for completion of all necessary tasks and payment phasing shall be identified for each project. The complete submittal will have two (2) schedules of fees/costing scenarios, one for the Inland Center Mall project and one for the Carousel Mall project. The completed scenario should include by name and billing rate each person that would be utilized to complete the required tasks. 5.4 Project Understanding A succinct discussion indicating the consultant's understanding of the requested professional services, the anticipated environmental issues, the requisite coordination (unique to the sensitive nature of these projects and their relationships), and the institutional/regulatory framework associated with the proposed project shall be provided. Of particular concern will be the analysis of the socio/economic impacts resulting from the two projects insofar as they relate to potential land-use impacts, physical changes, effects on human beings, etc. This analysis and the recommendations resulting from it will be an intricate and essential portion of the RFP and subsequent EIR. The preferred consultant should be familiar with the City of San Bernardino, City's General Plan and Development Code. 5.5 Technical Approach Prospective consultants shall describe their general technical approach proposed for implementing the requested services. The technical approach shall be concise and focused on the type and level of effort required to complete each of the tasks. 5.6 Insurance and Indemnification e A statement indicating a willingness and ability to meet the City's insurance and indemnification requirements shall be included. These requirements are as follows: • The consultant shall maintain general liability insurance in the amount of$1,000,000 per event. • Standard Workers Compensation Insurance shall be identified for all employees and subconsultant employees. • The consultant shall indemnify, hold harmless, and defend the City against liability for negligent acts during the term of the contract. 10 5.7 Affirmative Action The City has adopted a policy establishing goals for minority and women business enterprises in City procurements. A copy of this policy (Resolution 93-411) may be reviewed in the Planning and Building Services Department at City Hall. All proposals shall submit evidence of compliance with this policy. 5.8 Schedule The City requires the qualified consultant to be available during the term of the contract. A statement of accessibility/availability of the principals, including their office location shall be included in the proposal. Using the date of the contract signing as "Day 1", the prospective contractors shall develop a firm schedule through the submittal of the Screencheck Draft EIR's. Using assumptions for review periods by the City, prospective consultants shall identify a schedule for completing the remaining tasks listed above. This section shall include a statement that the consultant will be able to complete the work within the specified time frame and within budget, given the assumptions included in the schedule. 5.9 Disclosure Statement Prospective consultants must indicate that they, and their subconsultants, are not performing any work at the present time nor have they in the immediate past that would present a conflict of interest with this project. All past relationships with either applicant or their parent companies shall be divulged. Further, prospective consultants must indicate that they will not take any work over the term of the contract that would present a real or perceived conflict of interest. 6.0 EVALUATION OF PROPOSALS AND SELECTION PROCESS The proposal will be evaluated on the basis of the criteria discussed in Section 5 of this RFP. Proposals must be clear, complete and concise and should not contain extraneous material such as glossy brochures, etc. Please do not send examples of reports or other written work. Proposals shall be organized in the order indicated in this RFP. The City may choose to select a consultant solely on the basis of the proposal or it may opt to formulate a short list of consultants to be invited for an oral interview with the City Staff. Staff will review all proposals and select the consultant most qualified to provide the environmental consulting services outlined in this RFP. Staff may con= the prospective consultants for additional information or clarification of the proposal. If interviews are to be held, they will be May 24, 1994. Upon selection of a consultant, staff will prepare two (2)Agreements for Services, based on the selected proposal. The Agreements for Services will be signed by the selected consultant and the City. 11 6.1 Submittal Information Ten (10) copies of the proposal shall be submitted to Mr. Al Boughey, Director, Department of Planning and Building Services, 300 North "D" Street, San Bernardino, CA 92418. Proposals shall be received by the Department no later than 4:00 p.m., May 16, 1994. 6.2 Contract Information Please direct any questions regarding this solicitation for proposal to Mr. Conal McNamara, the City's planner for this project, at (909) 384-5057. The City requests that there be no contact with either applicant or City staff, except through the City's planner for this project. This RFP does not commit the City to award a contract or to pay any costs incurred in the preparation of a proposal in response to this request. The City reserves the right to accept or to reject, in part of or in its entirety, the proposal if such action is deemed to be in the best interest of the City. The City also reserves the right to abandon or modify the actions for which services have been requested. When submitted, all proposals shall become the property of the City of San Bernardino. 12