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HomeMy WebLinkAboutR35-Economic Development Agency • CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY ORIGINAL. FROM: Emil A.Marzullo SUBJECT: Contracts for Professional Services: Rosenow Interim Executive Director Spevacek Group, Inc. (Merger and Plan Amendments) and RBF Consulting (Program EIR-Merger and Plan Amendments) DATE: July 21,2009 Synopsis of Previous Commission/Council/Committee Action(s): On July 9,2009, Redevelopment Committee Members Johnson, Baxter and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. Recommended Motion(s): (Community Development Commission) A: Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency")to execute a Contract for Professional Services by and between the Agency and Rosenow Spevacek Group, Inc., to provide consultant services in connection with merging certain redevelopment project areas and plan amendments (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas) B: Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency")to execute a Contract for Professional Services by and between the Agency and RBF Consulting, to provide consultant services in connection with the preparation of a program environmental impact report for the proposed project areas merger and plan amendments (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas) Contact Person(s): Mike Trout&Jeff Smith Phone: (909)663-1044 Central City North, Southeast Industrial Park, Tri-City, South Valle,Meadowbrook/Central Project Area(s): City,Central City South and Central City East Ward(s): 1 and 3 Supporting Data Attached: 0 Staff Report 0 Resolution(s) El Agreement(s)/Contract(s) ❑ Map(s) ❑Letter(s) FUNDING REQUIREMENTS: Amount: $ 500,000 Source: Tax Increment Revenue Budget Authority: Fiscal Year 2009-2010 Budget Signature: Fiscal Revie — '"�'--- Emil A.Marzullo,Interim Executive Director ss DeJesus, to • Administrative Services Director Commission/Council Notes: Sd �S OG * % 'inn/cz 9— P:\Agendas\Comm Dev Commission\CDC 2009\0S-03-09 East Project Areas-RSG&RBF Consulting Agreements SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/03/2009 R35— Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT CONTRACTS FOR PROFESSIONAL SERVICES: ROSENOW SPEVACEK GROUP,INC. (MERGER AND PLAN AMENDMENTS)AND RBF CONSULTING (PROGRAM EIR- MERGER AND PLAN AMENDMENTS) BACKGROUND: Central City North Redevelopment Project Area was adopted in 1973. Southeast Industrial Park was adopted in 1976. Tri-City was adopted in 1983. South Valle was adopted 1984. Meadowbrook was adopted in 1958. Central City was adopted in 1965. Central City South and Central City East were adopted in 1976. Each of these project areas currently have different dates for project expiration, incurring debt, eminent domain, receiving tax increment and paying debt. Additionally, each project area has different limits on the amount of tax increment that can be received and debt that can be accumulated. As a result, some project areas: (1) do not have sufficient tax increment to assist in financing projects; (2) can no longer incur debt resulting in the Agency's inability to partner with developers that need Agency financial assistance; (3) are approaching or have approached the cap on tax increment that can be received to assist in needed projects; and (4) no longer have current eminent domain authority which is a useful tool in assisting a developer in obtaining the necessary land required for a development. Merger of project areas is desirable if they result in substantial benefit to the public and if they contribute to the revitalization of blighted areas through increased economic vitality of those areas and through increased and improved housing opportunities in or near such areas. Merger of project areas will allow the Agency the flexibility to direct redevelopment funds to the areas, projects and programs most in need. Sections 33485 - 33489 of the California Redevelopment Law (the "CRL") deal with and authorize the use of a process for the financial merger of project areas. If the Agency proceeds with a merger and/or plan amendments of the project areas as stated above, the Agency will also need to prepare a Program Environmental Impact Report (the "Program EIR") and will need the services of a consultant to prepare such a document. The purpose of the Program EIR is to provide a comprehensive description of the constraints and opportunities for development and redevelopment within a proposed redevelopment project area, and to provide adequate environmental assessment of all specific program areas proposed for development and all subsequent activities necessary to implement the redevelopment programs. CURRENT ISSUE: On May 5, 2009, the Agency issued two (2) different Requests for Proposals ("RFP"). The first RFP was for the Proposed East Project Areas Merger and Plan Amendments (the "Merger/Plan Amendments-) which Agency Staff sent to seven (7) consulting firms having experience in Merger/Plan Amendments. The second RFP was for the Preparation of a Program EIR for the Proposed East Project Areas Merger and Plan Amendments which Agency Staff sent to fifteen (15) consulting firms that had experience in the preparation of Environmental Impact Reports (the"EIR"). P:Agendas Comm Des Commission CDC 2009,08-03-09 East Project Areas-RSG&RBF Consulting Agreements SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/03/2009 Agenda Item Number: Economic Development Agency Staff Report RSG—Professional Services Agreement (Merger and Plan Amendments) RBF—Professional Services Agreement(Program EIR—Merger and Plan Amendments) Page 2 Additionally, both of the RFP's were posted on the Agency's web page along with both RFP's being posted on the web pages of both the California Redevelopment Association (the "CRA") and the American Planning Association (the "A PA""). Finally, from the postings on the CRA and APA web pages, Agency Staff received a few phone inquiries regarding the RFP's and requests to receive them. The Merger/Plan Amendments RFP required that the consulting firms prepare and submit a proposal to perform the necessary studies, investigations, etc., required to prepare the necessary documentation to accomplish the following: 1. Amend the Central City North Redevelopment Plan to: extend eminent domain authority on all parcels excluding those parcels that are used for or zoned residential; and a ten (10) year extension to the expiration date of the Project Area. 2. Amend the Southeast Industrial Park Redevelopment Plan to: reinstate eminent domain authority over all parcels excluding those parcels that are used for or zoned residential; and increase the tax increment revenue and bonded indebtedness cap. 3. Amend the Tri-City Redevelopment Plan to: reinstate eminent domain authority over all parcels excluding those parcels that are used for or zoned residential; and increase the tax increment revenue and bonded indebtedness cap. (Currently, all tax increment proceeds are required to be deposited with the bond trustee and are not available to the Agency.) 4. Amend the Meadowbrook/Central City Redevelopment Plan to: extend eminent domain authority on all parcels excluding those parcels that are used for or zoned residential; and a ten (10) year extension to the expiration date of the Project Area. 5. Amend the Central City East Redevelopment Plan to: reinstate eminent domain authority on all parcels excluding those parcels that are used for or zoned residential. 6. Amend the Central City South Redevelopment Plan to: reinstate eminent domain authority on all parcels excluding those parcels that are used for or zoned residential. 7. Merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City East and Central City South Redevelopment Project Areas for financial purposes. Additionally, produce a Merged, Amended and Restated Redevelopment Plan covering all affected Project Areas including capital improvement projects planned for these Project Areas. The Merger/Plan Amendments RFP required that all Proposals be submitted to the Agency no later than Friday, June 5, 2009 at 12:00 p.m. The Program EIR RFP required the consulting firms to prepare and submit a proposal to prepare the necessary environmental documentation to assess and analyze the proposed Merger/Plan Amendments. The Program RFP also required that all Proposals be submitted to the Agency no later than Friday, June 5, 2009, at 12:00 p.m. P:.Agendas Comm Dev Commission CDC 2009 08-03-09 East Project Areas-RSG&RBF Consulting Agreements SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/03/2009 Agenda Item Number: • • Economic Development Agency Staff Report RSG—Professional Services Agreement (Merger and Plan Amendments) RBF—Professional Services Agreement(Program EIR—Merger and Plan Amendments) Page 3 Without the proposed Merger/Plan Amendments, the Agency would no longer be able to receive tax increment revenues for the Tri-City Redevelopment Project Area. For FY 2008-2009, $5 Million was paid to bond trustee and for FY 2009-2010 $1.64 Million will be paid to bond trustee, with both amounts not available for Agency administration, projects and programs. Without a 10-year extension to the Project Area Redevelopment Plans, the Agency would have to cease activities in Central City North by 2016, Southeast Industrial Park by 2019 and Meadowbrook/Central City, Central City South and Central City East by 2019, thereby, losing the combining tax increment proceeds of $10.6 Million per project improvements and activities. Merger/Plan Amendment RFP On June 5, 2009, the Agency received two (2)proposals in response to the Merger/Plan Amendments RFP. The proposals received were from Rosenow Spevacek Group, Inc. (the "RSG") of Santa Ana and Tierra West Advisors (the "Tierra West") of Los Angeles. Consultant Firm Firm Location Proposal Cost RSG Santa Ana, CA $193,990 Tierra West Los Angeles, CA $157,930 On June 9, 2009, Agency Staff performed an initial review of the proposals to determine if they were completed in the required format and complied with the requirements of the RFP. Between June 9, 2009 and June 15, 2009, Agency Staff performed a Technical Review of the proposals. On June 17, 2009, Agency Staff and Staff from the Development Services Department, Planning Section (the "Interview Panel") met with the firms listed above. Each firm gave an overall presentation which outlined their firm's history, qualifications, proposal and project staff. From a list of prepared questions, the Interview Panel asked each firm to describe their team and qualifications, understanding of the project and their experience with: 1) redevelopment project area plan amendments; 2) mergers of two (2) or more redevelopment project areas; 3) challenges and lessons learned with the merger of multiple redevelopment project areas; 4) whether or not individuals currently for their respective firms have prepare a merger of two (2) or more redevelopment project areas; 5) availability of staff and resources to meet the Agency schedule; 6) their understanding of current CRL as it pertains to blight analysis and what level of analysis is required; 7) their process to determine and document blight; and 8) their understanding of the special legislation found in the CRL with respect to the merger of redevelopment project area plans in the City of San Bernardino. In addition, each firm was asked a few questions that were not from the prepared list, but based on a response at the time of the interview. After interviewing both consulting firm, the Interview Panel discussed and reviewed the responses and discussed the merits of each firm. After the discussion, the Interview Panel ranked the firms and concluded that RSG best exhibited their knowledge, experience and methodology concerning the merger of two (2) or more redevelopment projects areas, plan amendment process, blight analysis, and the special legislation concerning the merger of redevelopment project area plans in the City of San Bernardino. Further, their cost proposal was lower than the range of the Agency Staffs $200,000 to $250,000 cost estimate to complete the work. P:Agendas Comm Des Commission CDC 2009 08-03-09 East Project Areas-RSG&RBF Consulting Agreements SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/03/2009 Agenda Item Number: • • Economic Development Agency Staff Report RSG—Professional Services Agreement (Merger and Plan Amendments) RBF—Professional Services Agreement(Program EIR—Merger and Plan Amendments) Page 4 RSG has completed multiple project area mergers and redevelopment plan amendments for many redevelopment agencies in Southern California. RSG has also completed redevelopment plan amendments for the Redevelopment Agency of the City of San Bernardino for the following redevelopment project areas: Meadowbrook/Central City; Central City East; Central City South; State College, Central City North; Uptown; and Mt Vernon Corridor. Further, RSG did the necessary studies, investigations and documentation preparation for the establishment and adoption of the 40`h Street Redevelopment Project Area. It was the recommendation of the Interview Panel that the Agency utilize the services of Rosenow Spevacek Group, Inc., for the preparation of the necessary documents for the Proposed East Project Areas Merger and Plan Amendments as the most qualified proposal. Program EIR RFP On June 5, 2009, the Agency received nine (9) proposals in response to the Program EIR RFP. The proposals received were from Phil Martin & Associates of Irvine, BRG Consulting, Inc. of San Diego, PMC of Torrance, Michael Brandman Associates of San Bernardino, Municipal Resource Center of Mission Viejo, Vista Environmental of Laguna Beach, RBF Consulting of Ontario, TRC Solutions, Inc. of Irvine and Ervin Consulting of Orangevale. On June 8, 2009, Agency Staff performed an initial review of the proposals to determine if they were completed in the required format and complied with the requirements of the RFP. Nine (9) proposals passed the initial review, while one proposal was disqualified due to a late submittal. From June 9, 2009 through June 11, 2009, Agency Staff performed a Technical Review of the proposals. Based on the submittals,the cost to prepare the Program EIR ranged from a low of$103,885 to a high of$439,757. The Technical Review, as outlined in the RFP, considered the Consultant's past experience in preparing and certifying EIR's and Program EIR's; consultant team experience and qualifications; Program EIR Preparation Methodology; Support Organization and Quality Assurance; Preparation Schedule; Record Keeping procedures and Cost. Five (5)proposals cleared the Technical Review. From June 15, 2009 through June 18, 2009, Agency Staff and Staff from the Development Services Department, Planning Section, reviewed the five (5) proposals for potential interviews. Staff used the criteria established for the Technical Review to determine which firms would be interviewed. Based on their responsiveness to the RFP and professional approach to complete the Program EIR, Staff selected three(3) firms to be interviewed. Those firms were Michael Brandman Associates (the "MBA"), Municipal Resource Center(the"MRC") and RBF Consulting (the "RBF"). Consultant Firm Firm Location Proposal Cost MBA San Bernardino, CA $215,000 MRC Mission Viejo, CA $109,425 RBF Ontario, CA $235,760 On June 25, 2009, the Interview Panel interviewed the three (3) consulting firms listed above. Each firm gave an overall presentation which outlined their firm's history, qualifications, proposal and project staff. From a list of prepared questions, the Interview Panel asked each firm to describe their team and qualifications, understanding of the project, experience in preparing Program EIR's, current work, difficulty and challenges in preparing Program EIR's, methodology, project management and quality P.Agendas Comm Des Commission,CDC 2009 08-03-09 East Project Areas-RSG&RBF Consulting Agreements SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/03/2009 Agenda Item Number: • Economic Development Agency Staff Report RSG—Professional Services Agreement (Merger and Plan Amendments) RBF—Professional Services Agreement (Program EIR—Merger and Plan Amendments) Page 5 assurance. In addition, each firm was asked a few questions that were not from the prepared list, but based on a response at the time of the interview. After interviewing the three (3) consulting firms, the Interview Panel discussed and reviewed the responses and discussed the merits of each firm. After the discussion, the Interview Panel ranked the firms and concluded that RBF best exhibited their knowledge, experience and methodology for the preparation of a Program EIR and their cost proposal was within the range of Agency Staffs $200,000 to $250,000 cost estimate to complete the work. RBF has prepared Program EIR's for redevelopment plan amendments for many redevelopment agencies in Southern California. RBF has also prepared EIR's for projects in the City of San Bernardino, including the North Lake Area and South Lake Area Projects EIR and the County of San Bernardino San Sevaine Amended Redevelopment Plan Subsequent Program EIR. It was the recommendation of the Interview Panel that the Agency utilize the services of the RBF Consulting for the preparation of a Program EIR for the Proposed East Project Areas Merger and Plan Amendments as the most qualified proposal. ENVIRONMENTAL IMPACT: The selection of Rosenow Spevacek Group, Inc. for the preparation of the Merger and Plan Amendments and the selection of RBF Consulting to prepare a Program EIR does not meet the definition of a "project" under Section 15378 of CEQA. FISCAL IMPACT: The fiscal impact for the preparation of documentation necessary for the Merger and Plan Amendments for the Proposed East Project Area will be a not to exceed amount of$250,000 ($193,990 for the base proposal and $56,010 will be held for reimbursables and contingencies). The fiscal impact for the preparation of the Program EIR will be a not to exceed amount of$250,000 ($235,760 for the base proposal and $14,240 to be held for reimbursables and contingencies). Tax increment funds from the seven (7) project areas will be utilized for both activities. The combined not to exceed budget amount of$500,000 is within the cost estimate for these activities and is budgeted in the FY 2009-2010 Agency Budget. RECOMMENDATION: That the Community Development Commission adopt the attached Resolutions. ett, Emil A. arzullo,Interim Executive Director - ---- ------------------- P:Agendas Comm Des Commission CDC 2009 08-03-09 East Project Areas-RSG&RBF Consulting Agreements SR.doc COMMISSION MEETING AGENDA Meeting Date: 08/03/2009 Agenda Item Number: (F.') CD 1..p- (. 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 4 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE 5 AGENCY AND ROSENOW SPEVACEK GROUP, INC., TO PROVIDE 6 CONSULTANT SERVICES IN CONNECTION WITH MERGING CERTAIN REDEVELOPMENT PROJECT AREAS AND PLAN AMENDMENTS 7 (CENTRAL CITY NORTH, SOUTHEAST INDUSTRIAL PARK, TRI-CITY, SOUTH VALLE, MEADOWBROOK/CENTRAL CITY, CENTRAL CITY 8 SOUTH AND CENTRAL CITY EAST REDEVELOPMENT PROJECT AREAS) 9 10 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a 11 public body, corporate and politic existing under the laws of the State of California, California 12 Community Redevelopment Law, Health and Safety Code 33000, et seq. (the "CRL"), and is 13 charged with the mission of redeveloping blighted and underutilized land; and 14 WHEREAS, the Community Development Commission of the City of San Bernardino (the 15 "Commission") is the governing body for the Agency; and 16 WHEREAS, the CRL Sections 33485 through and including 33489 deals with the merger of 17 project areas; and 18 WHEREAS, the CRL Sections 33450 through and including 33458 deals with amending 19 redevelopment project area plans; and 20 WHEREAS, on May 5, 2009, the Agency issued a Request for Proposal (the "RFP") for the 21 preparation of all necessary documentation for the merger and plan amendments of certain 22 redevelopment project area plans; and 23 WHEREAS, on June 8, 2009, the Agency received two (2) proposals in response to the RFP 24 issued by the Agency; and 25 WHEREAS, on July 9, 2009, the Redevelopment Committee of the City of San Bernardino 26 (the "Redevelopment Committee") recommended to the Commission approval of a contract for 27 professional services (the "Contract"), attached hereto, by and between the Agency and Rosenow 28 Spevacek Group, Inc. (the "Consultant"), to accomplish any and all tasks necessary to complete the 1 P.\Agendas\Resolutions\Resolutions\2009\08-03-09 RSG-East Project Areas Merger Contract CDC Reso A doc • 1 merger of certain redevelopment project areas (Central City North, Southeast Industrial Park, Tri- 2 City, South Valle, Meadowbrook/Central City, Central City South and Central City East) and 3 redevelopment plan amendments for certain redevelopment project areas (Central City North, 4 Southeast Industrial Park, Tri-City, Meadowbrook/Central City, Central City South and Central City 5 East); and 6 WHEREAS, the Redevelopment Committee recommended that the Commission approve 7 this Contract and authorize the Interim Executive Director of the Agency to execute said Contract. 8 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 9 OF SAN BERNARDINO DOES HEREBY RESOLVE,DETERMINE AND ORDER,AS FOLLOWS: 10 Section 1. The Commission hereby approves the Contract and hereby authorizes the 11 Interim Execute Director of the Agency to execute the Contract with the Consultant on behalf of the 12 Agency, together with any technical and conforming changes as may be recommended by the 13 Interim Executive Director of the Agency and approved by the Agency Counsel. 14 Section 2. This Resolution shall take effect from and after its date of adoption by this 15 Commission. 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 P.Agendas\Resolutions\Resolutions\2009\08-03-09 RSG-East Project Areas Merger Contract CDC Reso Adoc 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 3 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE 4 AGENCY AND ROSENOW SPEVACEK GROUP, INC., TO PROVIDE CONSULTANT SERVICES IN CONNECTION WITH MERGING CERTAIN 5 REDEVELOPMENT PROJECT AREAS AND PLAN AMENDMENTS (CENTRAL CITY NORTH, SOUTHEAST INDUSTRIAL PARK, TRI-CITY, 6 SOUTH VALLE, MEADOWBROOK/CENTRAL CITY, CENTRAL CITY 7 SOUTH AND CENTRAL CITY EAST REDEVELOPMENT PROJECT AREAS) 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a meeting 10 thereof, held on the day of , 2009, by the following vote to wit: 11 Commission Members: Ayes Nays Abstain Absent 12 ESTRADA 13 BAXTER 14 BRINKER 15 SHORETT 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 Secretary 21 22 The foregoing Resolution is hereby approved this day of , 2009. 23 24 Patrick J. Morris, Chairperson Community Development Commission 25 of the City of San Bernardino 26 Approved as to Form: 27 By: 28 Agency C sel 3 P:Agendas\ResolutionsUtesolutions\2009\O8-03-09 RSG-East Project Areas Merger Contract CDC Reso Adoc • REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONTRACT FOR PROFESSIONAL SERVICES EAST PROJECT AREAS MERGER AND PLAN AMENDMENTS ROSENOW SPEVACEK GROUP, INC. This CONTRACT FOR PROFESSIONAL SERVICES (the "Contract") is made and entered into as of August 3, 2009, by and between the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public body, corporate and politic, and Rosenow Spevacek Group, Inc., (the "Consultant"). NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "A" shall be responsible for the direction of any work to be performed by the Consultant and any other consultants or subconsultants to the Agency under this Contract. The Consultant shall not undertake any work under the terms of this Contract, unless instructed to do so by one of the designated staff members. No other staff member is authorized by the Agency to request services from the Consultant. 2. TERM OF CONTRACT. The term of this Contract shall commence on the date first appearing in this Contract and will terminate upon the completion of the services described in the Scope of Services as referenced in Section 4, unless earlier terminated as provided in this Contract. The Agency reserves the right through the actions of the Interim Executive Director to terminate this Contract at anytime either with or without cause and at the sole,convenience of the Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the Consultant for all services, materials and supplies as may have been furnished to the Agency in accordance with the Scope of Services as referenced in Section 4. 3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide the professional consulting services set forth in the Scope of Services attached hereto as Exhibit `B" and incorporated herein by this reference. The Consultant hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Contract. The Consultant shall perform the services as set forth on said Scope of Services within the time periods to be identified by the appropriate Agency representative. 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant in an aggregate amount not to exceed One Hundred Ninety-Three Thousand Nine Hundred Ninety Dollars ($193,990) for completion of the services described in the Scope of Services set forth in Exhibit`B." 1 P.\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RSG—East Project Areas Merger Contract.doc B. The compensation designated in subsection 4. A. shall be the Total Fee for the performance of the work and the delivery of the final work product materials, as set forth in the Scope of Services. The Total Fee shall include, but not be limited to, the salaries of all subcontractors retained by the Consultant and all employees of the Consultant to perform work pursuant to this Contract and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agency for work performed by the Consultant under this Contract each calendar month during the term of this Contract. D. The Consultant shall submit invoices under this Contract to: Redevelopment Agency of the City of San Bernardino Attention: Mike Trout, Project Manager 201 North"E" Street, Suite 301 San Bernardino, California 92401 E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual subconsultants utilized by the Consultant, during the time period covered by the invoice, a description of the professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the authorized Agency Staff personnel who requested the services, within thirty (30) days after such approval. 5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the Consultant and available to the Agency for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Contract or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Consultant. If the Consultant does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 4 p.m. Monday through Friday, excluding federal and state government holidays. In the event of litigation or an audit relating to this Contract or funds paid to the Consultant by the Agency under this Contract, such records shall be retained by the Consultant until all such litigation or audit has been resolved. 2 P\Agenda'Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RSG—East Project Areas Merger Contract doc 6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury or damage of any type claimed as a result of the negligent acts or omissions of the Consultant, its officers, employees, subcontractors and agents, to the extent arising from or related to negligent performance by the Consultant of the work required under this Contract. 7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit "C" to this Contract, throughout the term of this Contract. The Consultant shall remain liable to the Agency pursuant to Section 6. above to the extent the Consultant is not covered by applicable insurance for all losses and damages incurred by the Agency that are caused directly or indirectly through the actions or inactions, willful misconduct or negligence of the Consultant in the performance of the duties incurred by the Consultant pursuant to this Contract. 8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND INFORMATION. All maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents generated by or on behalf of the Consultant for performance of the work (collectively, the "Work Products") set forth in the Scope of Services shall upon payment for those services embodying the particular element of the Work Products, become the sole property of the Agency, and the Work Products shall thereafter be delivered to the Agency upon written request from the Agency to the Consultant. The Consultant shall not make use of any maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and other materials whether for marketing purposes or for use with other clients when such have become the property of the Agency without the prior express written consent of the Agency except to the extent that such maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents are readily available to the general public as public records pursuant to State law; provided, however, that the Consultant may retain copies of any such items for their business records. The Consultant shall execute, acknowledge and perform any and all acts which shall reasonably required in order for the Agency to establish unequivocal ownership of the maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and record, register and procure an issuance in or to the Agency's rights, title and/or interest. Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the Agency's sole risk and without liability or legal exposure to the Consultant. 9. PRESS RELEASES. Press or news releases, including photographs or public announcements, or confirmation of the same related to the work to be performed by the Consultant under this Contract shall only be made by the Consultant with the prior written consent of the Agency. 3 P:\Agenda\Agenda Attachments Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RSG—East Project Areas Merger Contract.doc • 10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential. None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 11. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Contract to perform any material term or provision of this Contract shall constitute a default under this Contract; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the parties under this Contract are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Contract may remain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Contract may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date. B. In the event of a termination of this Contract under this Section 12, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in performance of the Scope of Services of this Contract to the Agency, within ten (10) calendar days of such termination and without additional charge to the Agency. 4 P.\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attaohments'Agrmts-Amend 2009`,08-03-09 RSG—East Project Areas Merger Contract.doc 13.NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in person or by certified or registered United States Mail, return receipt requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third business day following the deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. CONSULTANT: Rosenow Spevacek Group, Inc. Attention: Felise Acosta, Principal 309 West 4th Street Santa Ana, California 92701-4502 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: Emil A. Marzullo, Interim Executive Director 201 North"E" Street, Suite 301 San Bernardino, California 92401-1507 14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Consultant under this Contract. The Consultant shall maintain all necessary licenses, including a City of San Bernardino Business License, and registrations for the lawful performance of the work required of the Consultant under this Contract. 15.NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Contract. Without limitation, the Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status of national origin. Further, the Consultant shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In addition, the Consultant shall not exclude from participation under this Contract any employee or applicant for employment on the basis of age,handicap or religion in compliance with State and Federal laws. 16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT CONTRACTORS. The Consultant shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of its subcontractors shall at any time or in any manner represent that it or any of its employees are employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage or benefit to any person employed by the Consultant or its subcontractors to perform any 5 P:\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RSG—East Project Areas Merger Contract.doc item of work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all subcontractor liens. 17. SEVERABILITY. Each and every section of this Contract shall be construed as a separate and independent covenant and agreement. If any term or provision of this Contract or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Contract, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Contract shall be valid and enforceable to the fullest extent permitted by law. 18. ENTIRE CONTRACT. This Contract constitutes the entire agreement between the parties. This Contract supersedes all prior negotiation, discussions and agreements between the parties concerning the subject matters covered herein. The parties intend this Contract to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. 19. AMENDMENT OR MODIFICATION. This Contract may only be modified or amended by written instrument duly approved and executed by each of the parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written form and executed by each of the parties hereto, following all necessary approvals and authorizations for such execution. 20. GOVERNING LAW. This Contract shall be governed by the laws of the State of California. Any legal action arising from or related to this Contract shall be brought in the Superior Court of the State of California in and for the County of San Bernardino. 21. NON-WAIVER. Failure of either party to enforce any provision of this Contract shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Contract. 22. ASSIGNMENT. This Contract may not be assigned by the Consultant without the prior written consent of the Agency. 23. REPRESENTATIONS OF PERSONS EXECUTING CONTRACT. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the parties each purports to represent. 24. EXECUTION IN COUNTERPARTS. This Contract may be executed in one (1) or more counterparts, each of which will constitute an original. 25. EFFECTIVENESS OF CONTRACT AS TO THE AGENCY. This Contract shall not be binding on the Agency until signed by an authorized representative of the Consultant, approved by the Agency and executed by the Interim Executive Director or his designee. 6 P\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RSG—East Project Areas Merger Contract.doc 26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse to the Agency or the City at the time of execution of this Contract except as previously disclosed to the Agency Staff and in particular with respect to other work being performed by the Consultant for the (i) , and (ii) . The Consultant hereby agrees that, during the term of this Contract, the Consultant shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency or the City. Additionally, the Consultant hereby represents and warrants to the Agency that the Consultant and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each subcontractor who may hereafter be designated to perform services pursuant to this Contract, do not have and, during the term of this Contract, shall not acquire any property ownership interest, business interests, professional employment relationships, contractual relationships of any nature or any other financial arrangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to the Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other financial arrangements will not adversely affect the ability of the Consultant to perform the services to the Agency as set forth in this Contract. 27. NON-EXCLUSIVITY. This Contract shall not create an exclusive relationship between the Agency and the Consultant for the services set forth in Exhibit `B" or any similar or related services. The Agency may, during the term of this Contract, contract with other consultants for the performance of the same, similar or related services as those that may be performed by the Consultant under this Contract. The Agency reserves the discretion and the right to determine the amount of services to be performed by the Consultant for the Agency under this Contract, including not requesting any services at all. This Contract only sets forth the terms upon which any such services will be provided to the Agency by the Consultant, if such services are requested by the Agency, as set forth in this Contract. 28. CONSEQUENTIAL DAMAGES & LIMITATION OF LIABILITY. The Agency and Consultant agree that except as otherwise provided in this Section 28, in no event will either be liable to the other under this Contract for any damages including but not limited to, special damages, loss of revenue,. loss of profit, operating costs or business interruption losses, regardless of cause, including breach of contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the Consultant and the Agency, their employees or subconsultants. /// /// /// /// /// 7 P:Agenda Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RSG—East Project Areas Merger Contract.doc • IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Dated: Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By:�cy 4-1/ Agency s O ; CONSULTANT Dated: Rosenow Spevacek Group, Inc. By: Felise Acosta, Principal 8 P:\Agenda Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RSG—East Project Areas Merger Contract doc EXHIBIT "A" SUPERVISORY STAFF PERSONNEL Agency Staff: Emil A. Marzullo, Interim Executive Director Don Gee, Deputy Director Mike Trout, Project Manager 9 P:\Agenda\Agenda Attachments Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08.03-09 RSG—East Project Areas Merger Contract.doc • EXHIBIT "B" SCOPE OF SERVICES The Consultant will prepare and monitor a Project Area Merger/Plan Amendments Schedule for the completion of the necessary tasks to complete the merger of the Project Areas and amendment of the various Redevelopment Project Areas Plans, as outlined below (the "Merger/Plan Amendment Project"): 1. Amend the Central City North Redevelopment Plan to: extend Eminent Domain authority on all parcels excluding those parcels that are used for residential purposes whether or not zoned for residential purposes; and a ten (10) year extension to the expiration date of the Project Area. 2. Amend the Southeast Industrial Park Redevelopment Plan to: reinstate Eminent Domain authority on all parcels excluding those parcels that are used for residential purposes whether or not zoned for residential purposes; and increase the Tax Increment and Bond Cap. 3. Amend the Tri-City Redevelopment Plan to: reinstate Eminent Domain authority on all parcels excluding those parcels that are used for residential purposes whether or not zoned for residential purposes; and increase the Tax Increment and Bond Cap. 4. Amend the Meadowbrook/Central City Redevelopment to: reinstate Eminent Domain authority on all parcels excluding those parcels that are used for residential purposes whether or not zoned for residential purposes; and a ten (10) years extension to the expiration date of the Project Area. 5. Amend the Central City East Redevelopment Plan to: reinstate Eminent Domain authority on all parcels excluding those parcels that are used for residential purposes whether or not zoned for residential purposes. 6. Amend the Central City South Redevelopment Plan to: reinstate Eminent Domain authority on all parcels excluding those parcels that are used for residential purposes whether or not zoned for residential purposes. 7. Merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City East and Central City South Redevelopment Project Areas for financial purposes. Additionally, produce a Merged, Amended and Restated Redevelopment Plan covering all Project Areas to include capital improvement projects planned for the Project Areas. Further, the Consultant will coordinate its work efforts with Agency Staff, Agency Counsel (Lewis Brisbois Bisgaard and Smith) City/Development Services and the Agency's CEQA consultant for the Merger/Plan Amendment Project. All merger and redevelopment plan amendment development and adoption processes will be consistent with the guidelines established in the CRL, Health and Safety Code, Section 33000, et seq. 10 P:Agenda`Agenda Attachments Agenda Attachments\Agenda Attachments Agrmts-Amend 2009\08-03-09 RSG—East Project Areas Merger Contract.doc Additionally, the Consultant will also assist: • The Agency's Counsel with the preparation of responses to written objections to the Merger/Plan Amendment Project, if any written objections are received; • The Agency Counsel and Agency Staff with the preparation of the amendments, resolutions and ordinances required for the Merger/Plan Amendment Project; • The Agency's EIR Consultant with the preparation of all necessary CEQA documents. • Agency Staff in formulating procedures for the formation of a Project Area Committee (the "PAC")and elections, as necessary. Also, the Consultant will prepare and provide to the Agency blight survey studies, financial forecasts and tax increment projections for Merger/Plan Amendment Project. In addition to the completion of all tasks necessary for the adoption of the various Plan amendments and merger of the Project Areas, the Consultant will be required to attend at least fourteen (14) meetings during Merger/Plan Amendment Project process. These meetings include: • Initial kick-off meeting with Agency staff and the Agency EIR consultant; • Presentations and participation at public meetings and the public hearings required by the CRL; • Meetings with affected taxing agencies, upon request by Agency Staff; • Meetings with Agency Staff/City staff, Agency Counsel and other consultants to discuss technical information and work products, review documents and obtain input; • Community Workshops at which the Merger/Plan Amendments Project will be presented to the community; and • Meetings for the election/formation of PAC, as necessary. 11 P:\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RSG—East Project Areas Merger Contract.doc EXHIBIT "C" INSURANCE REQUIREMENTS The Consultant shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of California and that maintain'during the term of the policy a "General Policyholders Rating" of at least A (v), as set forth in the then most current edition of"Bests Insurance Guide," as follows: (1) Comprehensive General Liability Insurance. ' The Consultant shall maintain comprehensive general liability insurance of not less than Two Million Dollars ($2,000,000.00) combined single limit, per occurrence. (2) Automobile Insurance. The Consultant and each of its subcontractors shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for each vehicle leased or owned by the Consultant or its subcontractors and used in performing work under this Contract. (3) Worker's Compensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or subcontractor's employment performing work under this Contract. (4) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performing the Scope of Services of this Contract in an amount of not less than One Million Dollars ($1,000,000.00). Concurrent with the execution of this Contract and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Contract. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Contract shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty(30) days prior written notice to the Agency. 12 P:\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RSG—East Project Areas Merger Contract.doc C y RESOLUTION NO. 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 4 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 5 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE 6 AGENCY AND RBF CONSULTING, TO PROVIDE CONSULTANT SERVICES IN CONNECTION WITH THE PREPARATION OF A PROGRAM 7 ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED PROJECT AREAS MERGER AND PLAN AMENDMENTS (CENTRAL CITY NORTH, 8 SOUTHEAST INDUSTRIAL PARK, TRI-CITY, SOUTH VALLE, 9 MEADOWBROOK/CENTRAL CITY, CENTRAL CITY SOUTH AND CENTRAL CITY EAST) 10 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a 11 public body, corporate and politic existing under the laws of the State of California, California 12 Community Redevelopment Law, Health and Safety Code 33000, et seq. (the "CRL"), and is 13 charged with the mission of redeveloping blighted and underutilized land; and 14 WHEREAS, the Community Development Commission of the City of San Bernardino (the 15 "Commission") is the governing body for the Agency; and 16 WHEREAS, the Agency seeks to prepare the necessary documentation for the merger and/or 17 amendment of certain redevelopment area plans (Central City North, Southeast Industrial Park, Tri- 18 City, South Valle, Meadowbrook/Central City , Central City South and Central City East); and 19 WHEREAS, the California Environmental Quality Act (the "CEQA"), Section 15378 (a) (1), 20 defines this type of activity to be a project; and 21 WHEREAS, CEQA Section 15063, outlines the preparation of a preliminary analysis to 22 determine the projects' impact on the environment; and 23 WHEREAS, CEQA Section 15168, provides for the preparation of Program Environmental 24 Impact Report(the "Program EIR"); and 25 WHEREAS, on May 5, 2009, the Agency issued a Request for Proposal for the preparation 26 of a Program EIR for the merger and/or amendment of certain redevelopment project area plans; and 27 28 1 P.Agendas\Resolutions\Resolutions\2009\08-03-09 RBF Program EIR-Professional Services Contract CDC Reso B.doc 1 WHEREAS. on June 8, 2009, the Agency received ten (10) proposals for the preparation of 2 a Program EIR for the merger and/or amendment of certain redevelopment project area plans; and 3 WHEREAS, the Agency reviewed the proposals and interviewed the most qualified 4 consultants; and 5 WHEREAS, on July 9, 2009, the Redevelopment Committee of the City of San Bernardino 6 (the `'Redevelopment Committee") recommended to the Commission approval of a contract for 7 professional services (the "Contract"), attached hereto, by and between the Agency and RBF 8 Consulting (the "Consultant"), to accomplish any and all tasks necessary to prepare, complete and 9 certify a Program EIR for certain redevelopment project areas; and 10 WHEREAS, the Redevelopment Committee recommended that the Commission approve 11 this Contract and authorize the Interim Executive Director of the Agency to execute said Contract. 12 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 13 OF SAN BERNARDINO DOES HEREBY RESOLVE,DE I ERMINE AND ORDER AS FOLLOWS: 14 Section 1. The Commission hereby approves the Contract and hereby authorizes the 15 Interim Execute Director of the Agency to execute the Contract with Consultant on behalf of the 16 Agency, together with any technical and conforming changes as may be recommended by the 17 Interim Executive Director of the Agency and approved by the Agency Counsel. 18 Section 2. This Resolution shall take effect from and after its date of adoption by this 19 Commission. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 2 P\Agendas\Resolutions\Resolutions\2009\08-03-09 RBF Program EIR-Professional Services Contract CDC Reso B.doc 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 3 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE 4 AGENCY AND RBF CONSULTING, TO PROVIDE CONSULTANT SERVICES IN CONNECTION WITH THE PREPARATION OF A PROGRAM 5 ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED PROJECT AREAS MERGER AND PLAN AMENDMENTS (CENTRAL CITY NORTH, 6 SOUTHEAST INDUSTRIAL PARK, TRI-CITY, SOUTH VALLE, 7 MEADOWBROOK/CENTRAL CITY, CENTRAL CITY SOUTH AND CENTRAL CITY EAST) 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 10 Development Commission of the City of San Bernardino at a meeting 11 thereof, held on the day of , 2009, by the following vote to wit: 12 Commission Members: Ayes Nays Abstain Absent 13 ESTRADA 14 BAXTER 15 BRINKER 16 SHORETT 17 KELLEY 18 JOHNSON MC CAMMACK 19 20 Secretary 21 22 The foregoing Resolution is hereby approved this day of , 2009. 23 24 Patrick J. Morris, Chairperson Community Development Commission 25 of the City of San Bernardino 26 Approved as to Form: 27 By: � 28 Agency C6un4.1 3 P:\Agendas\Resolutions\Resolutions\2009\08-03-09 RBF Program EIR-Professional Services Contract CDC Reso B.doc REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONTRACT FOR PROFESSIONAL SERVICES RBF CONSULTING This CONTRACT FOR PROFESSIONAL SERVICES (the "Contract") is made and entered into as of August 3, 2009, by and between the Redevelopment Agency of the City of San Bernardino (the"Agency"), a public body, corporate and politic, and RBF Consulting, (the "Consultant"). NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "A" shall be responsible for the direction of any work to be performed by the Consultant and any other consultants or subconsultants to the Agency under this Agreement. The Consultant shall not undertake any work under the terms of this Contract, unless instructed to do so by one of the designated staff members. No other staff member is authorized by the Agency to request services from the Consultant. 2. TERM OF CONTRACT. The term of this Contract shall commence on the date first appearing in this Contract and will terminate upon the completion of the services described in the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this Contract. The Agency reserves the right through the actions of the Interim Executive Director to terminate this Contract at anytime either with or without cause and at the sole convenience of the Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the Consultant for all services, materials and supplies as may have been furnished to the Agency in accordance with the Scope of Services as referenced in Section 3. 3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide the professional consulting services set forth in the Scope of Services attached hereto as Exhibit `B" and incorporated herein by this reference. The Consultant hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Contract. The Consultant shall perform the services as set forth on said Scope of Services within the time periods to be identified by the appropriate Agency representative. 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant in an aggregate amount not to exceed Two Hundred Thirty-Five Thousand Seven Hundred Sixty Dollars ($235,760) for completion of the services described in the Scope of Services set forth in Exhibit`B." 1 P:\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attachments'igrmts-Amend 2009\08-03-09 RBF—Professional Services Contract.doc • B. The compensation designated in subsection 4. A. shall be the Total Fee for the performance of the work and the delivery of the final work product materials, as set forth in the Scope of Services. The Total Fee shall include, but not be limited to, the salaries of all subcontractors retained by the Consultant and all employees of the Consultant to perform work pursuant to this Contract and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agency for work performed by the Consultant under this Contract each calendar month during the term of this Contract. D. The Consultant shall submit invoices under this Contract to: Redevelopment Agency of the City of San Bernardino Attention: Jeffrey Smith, AICP Senior Urban Planner 201 North"E" Street, Suite 301 San Bernardino, California 92401 E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual subconsultants utilized by the Consultant, during the time period covered by the invoice, a description of the professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the authorized Agency Staff personnel who requested the services, within thirty (30) days after such approval. 5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the Consultant and available to the Agency for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Contract or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular. business hours of the Consultant. If the Consultant does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 4 p.m. Monday through Friday, excluding federal and state government holidays. In the event of litigation or an audit relating to this Contract or funds paid to the Consultant by the Agency under this Contract, such records shall be retained by the Consultant until all such litigation or audit has been resolved. 2 P:\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RBF—Professional Services Contract doc 6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury or damage of any type claimed as a result of the negligent acts or omissions of the Consultant, its officers, employees, subcontractors and agents, to the extent arising from or related to negligent performance by the Consultant of the work required under this Contract. 7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit "C" to this Contract, throughout the term of this Contract. The Consultant shall remain liable to the Agency pursuant to Section 6. above to the extent the Consultant is not covered by applicable insurance for all losses and damages incurred by the Agency that are caused directly or indirectly through the actions or inactions, willful misconduct or negligence of the Consultant in the performance of the duties incurred by the Consultant pursuant to this Contract. 8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND INFORMATION. All maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents generated by or on behalf of the Consultant for performance of the work (collectively, the "Work Products") set forth in the Scope of Services shall upon payment for those services embodying the particular element of the Work Products, become the sole property of the Agency, and the Work Products shall thereafter be delivered to the Agency upon written request from the Agency to the Consultant. The Consultant shall not make use of any maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and other materials whether for marketing purposes or for use with other clients when such have become the property of the Agency without the prior express written consent of the Agency except to the extent that such maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents are readily available to the general public as public records pursuant to State law; provided, however, that the Consultant may retain copies of any such items for their business records. The Consultant shall execute, acknowledge and perform any and all acts which shall reasonably required in order for the Agency to establish unequivocal ownership of the maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and record, register and procure an issuance in or to the Agency's rights, title and/or interest. Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the Agency's sole risk and without liability or legal exposure to the Consultant. 9. PRESS RELEASES. Press or news releases, including photographs or public announcements, or confirmation of the same related to the work to be performed by the Consultant under this Contract shall only be made by the Consultant with the prior written consent of the Agency. 3 P:\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RBF—Professional Services Contract doc 10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential. None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 11. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Contract to perform any material term or provision of this Contract shall constitute a default under this Contract; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the parties under this Contract are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Contract may remain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Contract may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date. B. In the event of a termination of this Contract under this Section 12, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in performance of the Scope of Services of this Contract to the Agency, within ten (10) calendar days of such termination and without additional charge to the Agency. 4 P:\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RBF—Professional Services Contrac.doc • 13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in person or by certified or registered United States Mail, return receipt requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third business day following the deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. CONSULTANT: RBF Consulting Collette L. Morse, AICP 3300 East Guasti Road, Suite 100 Ontario, California 91761 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: Emil A. Marzullo, Interim Executive Director 201 North"E" Street, Suite 301 San Bernardino, California 92401 14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Consultant under this Contract. The Consultant shall maintain all necessary licenses, including a City of San Bernardino Business License, and registrations for the lawful performance of the work required of the Consultant under this Contract. 15. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Contract. Without limitation, the Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status of national origin. Further, the Consultant shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In addition, the Consultant shall not exclude from participation under this Contract any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT CONTRACTORS. The Consultant shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of its subcontractors shall at any time or in any manner represent that it or any of its employees are employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage or benefit to any person employed by the Consultant or its subcontractors to perform any 5 P.\Agenda\Agenda Attachments Agenda Attachments`Agenda Attachments`Agrmts-Amend 2009`08-03-09 RBF-Professional Services Contract.doc item of work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all subcontractor liens. 17. SEVERABILITY. Each and every section of this Contract shall be construed as a separate and independent covenant and agreement. If any term or provision of this Contract or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Contract, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Contract shall be valid and enforceable to the fullest extent permitted by law. 18. ENTIRE CONTRACT. This Contract constitutes the entire agreement between the parties. This Contract supersedes all prior negotiation, discussions and agreements between the parties concerning the subject matters covered herein. The parties intend this Contract to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. 19. AMENDMENT OR MODIFICATION. This Contract may only be modified or amended by written instrument duly approved and executed by each of the parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written form and executed by each of the parties hereto, following all necessary approvals and authorizations for such execution. 20. GOVERNING LAW. This Contract shall be governed by the laws of the State of California. Any legal action arising from or related to this Contract shall be brought in the Superior Court of the State of California in and for the County of San Bernardino. 21. NON-WAIVER. Failure of either party to enforce any provision of this Contract shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Contract. 22. ASSIGNMENT. This Contract may not be assigned by the Consultant without the prior written consent of the Agency. 23. REPRESENTATIONS OF PERSONS EXECUTING CONTRACT. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the parties each purports to represent. 24. EXECUTION IN COUNTERPARTS. This Contract may be executed in one (1) or more counterparts, each of which will constitute an original. 25. EFFECTIVENESS OF CONTRACT AS TO THE AGENCY. This Contract shall not be binding on the Agency until signed by an authorized representative of the Consultant, approved by the Agency and executed by the Interim Executive Director or his designee. 6 P\Agenda'Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RBF—Professional Services Contract doc 26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse to the Agency or the City at the time of execution of this Contract except as previously disclosed to the Agency Staff and in particular with respect to other work being performed by the Consultant for the (i) , and (ii) . The Consultant hereby agrees that, during the term of this Contract, the Consultant shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency or the City. Additionally, the Consultant hereby represents and warrants to the Agency that the Consultant and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each subcontractor who may hereafter be designated to perform services pursuant to this Contract, do not have and, during the term of this Contract, shall not acquire any property ownership interest, business interests, professional employment relationships, contractual relationships of any nature or any other financial arrangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to the Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other financial arrangements will not adversely affect the ability of the Consultant to perform the services to the Agency as set forth in this Contract. 27.NON-EXCLUSIVITY. This Contract shall not create an exclusive relationship between the Agency and the Consultant for the services set forth in Exhibit "B" or any similar or related services. The Agency may, during the term of this Contract, contract with other consultants for the performance of the same, similar or related services as those that may be performed by the Consultant under this Contract. The Agency reserves the discretion and the right to determine the amount of services to be performed by the Consultant for the Agency under this Contract, including not requesting any services at all. This Contract only sets forth the terms upon which any such services will be provided to the Agency by the Consultant, if such services are requested by the Agency, as set forth in this Contract. 28. CONSEQUENTIAL DAMAGES & LIMITATION OF LIABILITY. The Agency and Consultant agree that except as otherwise provided in this Section 28, in no event will either be liable to the other under this Contract for any damages including but not limited to, special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the Consultant and the Agency, their employees or subconsultants. /// /// /// /// 7 P:\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2009\08-03-09 RBF—Professional Services Contract.doc • IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Dated: Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: ,,,,..\< , Agency o el CONSULTANT Dated: RBF Consulting By: Collete L. Morse, AICP 8 P:\Agenda\Agenda Attachments\Agenda Attachments\Agenda Attachments'Agrmts-Amend 2009\08-03-09 RBF—Professional Services Contract.doc EXHIBIT "A" SUPERVISORY STAFF PERSONNEL Agency Staff: Emil A. Marzullo, Interim Executive Director Don Gee, Deputy Director Jeffrey Smith, AICP, Project Manager 9 P.\Agenda\Agenda Attachments\Agenda Attachments\Agenda AttachmentsWgrmts-Amend 2009\08-03-09 RBF—Professional Services Contract doe EXHIBIT "B" SCOPE OF SERVICES • 10 P:\Agenda\Agenda Attachments Agenda Attachments\Agenda Attachments`.Agrmts-Amend 2009\08-03-09 RBF—Professional Services Contract doc SECTION 2 'u r ariirr PROPOSAL DESCRIPTION Scope of Work The following Scope of Work has been prepared based on the information provided within the Agency's Request for Proposal. The associated cost estimate,which is based on this scope, is itemized according to task and issue in Section III. Project Assumptions In preparation of this Scope of Work, RBF assumes the following: RBF assumes that a Program EIR will be prepared for the proposed project. RBF has assumed that the Project Description will be finalized prior to the distribution of the Initial Study/ NOP. This notice is scheduled to be published six weeks after the Notice to Proceed. RBF assumes that three project alternatives plus the No Project Alternative will be used within the Alternatives section of the Environmental Analysis. If Agency review deadlines are not met, possible delays could occur. RBF would not be held responsible for delays associated with extended Agency review periods. fasK 9. Project Scoping Subtask 1.1: Kickoff Meeting RBF will conduct an initial orientation meeting with the Agency in order to ensure agreement on the basic project elements. The meeting will include review of available City reference document, project materials, and relevant technical information applicable to the project. Items to be addressed at the kickoff meeting include the project description, alternatives, project schedule, and public scoping/consultation process. This task assumes a total of 16 hours of time for three staff members, including travel, meeting preparation, and meeting attendance time. Subtask 1.2: Research and Investigation RBF will obtain and review available data for the project Area, as well as policy documentation from the City of San Bernardino Redevelopment Agency, Planning Department, County of San Bernardino, the Southern California Association of Governments,local, state, and federal Agencies,and other agencies which may be affected by the project. This information, along with environmental data and information available from the Agency, City and other nearby jurisdictions,will become part of the foundation of the EIR and will be reviewed and incorporated into the analysis,as deemed appropriate. As part of this task RBF will also conduct additional discussions with local, state,and federal agencies that will assist in the early stages of the analysis and issue identification if it is deemed necessary. Early consultation with these agencies is generally beneficial for properly scoping the review process for the project. 19 CONSULTING • '' s- SECTION 2 u, 11rwnGwa PROPOSAL DESCRIPTION Subtask 1.3: Field Reconnaissance As a part of the early scoping for the project, the RBF Team will conduct a field study of the site, reviewing existing land use and environmental conditions and conducting a photographic recording of on-site and surrounding uses. Subtask 1.4: Initial Study/ Notice of Preparation Based upon early consultation with the Agency, City, and other nearby jurisdictions, RBF will prepare an Initial Study. RBF will ensure that the project will be analyzed for potential to create significant environmental impacts in the areas specified on the City's approved environmental checklist. As an option (without any change in proposed budget), RBF could prepare an Expanded NOP rather than the Initial Study. This will require less time, creates less legal exposure, and provides more flexibility in defining the project at the early NOP stage (and is recommended by RBF). RBF Consulting will prepare a Notice of Preparation (NOP) for review and approval by the Agency. Once approved, RBF will send the NOP to the State Clearinghouse, post the NOP at the County Clerks' Offices, and distribute the document to responsible, trustee, and other interested/relevant agencies. Distribution will be based on an Agency-approved distribution list to be prepared and maintained by RBF Consulting in conjunction with the Agency. This task includes certified mailing of a maximum of 30 notices to affected agencies and interested parties. RBF Consulting assumes that posting in the local newspaper and any radius mailing will be provided by the Agency. Comments received in response to the NOP will be evaluated during the preparation of the EIR. Subtask 1.5: Scoping Meeting As part of the environmental review process a public scoping meeting,which may also involve federal, state or other local agencies,will be conducted. The intent of this meeting is to provide a brief project overview presentation allowing the community to gain an understanding of the proposed project and provide opportunities to comment. Staff members from the Agency and RBF would facilitate this meeting. The Scoping Meeting will emphasize the review process and will be presented so that the community can gain a greater understanding of the proposed project, as well as the intent and requirements of CEQA. RBF will provide handouts and up to two presentation-size graphics to supplement the discussion. Following the presentation,the meeting will be devoted to public participation, questions,and comments. Written comment forms will be provided for this purpose,and these comments, along with verbal comments, will become a part of the administrative record. 20 ' CONSUL-WIG i $i1`,,,. SECTION 2 PROPOSAL DESCRIPTION Task 1.0 Output: ♦ One kickoff meeting ♦ One public scoping meeting • Project Team research and scoping of available materials and Agency issues • Project team tour of project site • Ten (10) hard copies of Notice of Preparation • One(1)electronic copy of Notice of Preparation Task 2.0 Administrative Draft El Subtask 2.1: Executive Summary RBF will provide an Executive Summary for the EIR including a project summary, an overview of project impacts, mitigation, and levels of significance after mitigation, and summary of project alternatives. The Executive Summary will be completed and submitted for Agency Staff review at the time the Draft EIR is prepared. Subtask 2.2: Introduction and Purpose The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the Redevelopment Agency of the City of San Bernardino CEQA Implementation procedures to which the proposed project is subject. This section will identify the purpose of the study and statutory authority, document scoping procedures, provide a summary of the EIR format, provide a listing of responsible and trustee agencies, and provide a listing of documentation incorporated by reference. Subtask 2.3: Project Description The Project Description section of the EIR will detail the project location, background and history of the project, discretionary actions, characteristics,goals and objectives,phasing, agreements,and permits and approvals which are required for the proposed project based on available information. This section will also include a summary of the local environmental setting for the proposed project. Subtask 2.4: Basis of Cumulative Analysis In accordance with Section 15130 of the CEQA Guidelines, this section provides a detailed • listing of cumulative projects and actions under consideration for the analysis. As stated in Subtask 2.7, Cumulative Impacts, the likelihood of occurrence and level of severity will be studied. The purpose of this section is to present a listing and description of projects, past, present and anticipated in the reasonably foreseeable future, even if those projects are outside of the jurisdiction of San Bernardino Gate. The potential for impact and levels of significance are contingent upon the radius or area of interaction with the project area. RBF will consult with Agency Staff and other applicable local jurisdictions to define the appropriate study area for the cumulative analysis,as described in Subtask 2.7. 21 CONSULTING • �' e ��r • _ 4Proa 11110. W4044..4" SECTION 2 PROPOSAL DESCRIPTION Subtask 2.5: Environmental Analysis RBF will evaluate the necessary information with respect to the existing conditions,the potential adverse effects of project implementation (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised during the scoping process (Notice of Preparation responses, Scoping Meeting comments and any other relevant and valid informative sources) will also be evaluated. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical data. The Environmental Analysis section of the EIR will thoroughly discuss the existing conditions for each environmental issue area; identify short-term and long-term environmental impacts associated with the project and their levels of significance. Feasible mitigation measures will be recommended to reduce the significance of impacts and identify areas of unavoidable significant adverse impacts even after mitigation. This section will include analysis for the following environmental issue areas. A. Aesthetics RBF will evaluate the potential impacts to sensitive viewpoints throughout the Project Areas utilizing ground-level site photographs. Impacts will be assessed in terms of visibility, alteration to the existing visual setting, and sensitivity of viewpoints that could occur with future development under the proposed project. RBF will also address potentially significant impacts generated by the introduction of light and glare associated with the implementation of the proposed project. This analysis will include a light and glare impact discussion. RBF will review and incorporate existing City policies and guidelines regarding light and glare for inclusion within the EIR. RBF will recommend mitigation measures to reduce potential aesthetic and light and glare impacts to the maximum extent possible. B. Air Quality The proposed project is located under the jurisdiction of the South Coast Air Quality Management District (SCAQMD) in the South Coast Air Basin. The existing conditions portion of this Section will provide a discussion on the current status of the California Clean Air Act,the SCAQMD's 2007 Air Quality Management Plan and the SCAQMD's CEQA Air Quality Handbook. Existing pollutant data will be obtained from the nearest SCAQMD monitoring station. This data will be summarized in a table clearly indicating days exceeding State and Federal Standards for monitored pollutants. The various types of pollutants monitored at the station will also be described and sensitive receptors in the vicinity of the project site will be identified. 22 IFIPF CONSULTING Y • SECTION 2 Sat M PROPOSAL DESCRIPTION RBF will review merger and plan amendments and provide a qualitative construction air emissions analysis commensurate with the data provided. RBF will quantify vehicular and area source emissions based on the "Existing" and "Forecast" scenarios,then provide a comparison to the SCAQMD's thresholds of significance. The emissions will be quantitatively derived utilizing the EMFAC2007, URBEMIS2007,and other models prescribed by the California Air Resources Board (CARB). Project consistency with regional air quality plans will be evaluated. RBF will follow the approach described in the California Air Pollution Control Officers (CAPCOA) CEQA and Climate Change White Paper(White Paper) (January 2008) and CARB's Climate Change Proposed Scoping Plan (Scoping Plan)(October 2008). RBF will describe the status of regulatory development of Assembly Bill 32, Senate Bill 97, Senate Bill 375, and Executive Order S-3-05. RBF will prepare an inventory of greenhouse gas (GHG) emissions associated with vehicle miles traveled (VMT) and energy consumption. The level of accuracy of the emissions inventory will be dependent upon the detail of information provided for use in the greenhouse gas model. The analysis will conclude the projects level of significance in relation to a limit developed through the Scoping Plan and White Paper. C. Biological Resources RBF has contracted with Tom Dodson &Associates (TDA) to perform the necessary Biological Services. The Team will prepare this section based on the information and analysis contained within the Biological Constraints Analysis report prepared for this project. This section will identify the various biological resources in the project area; the special status species and habitats identified, and will discuss existing plans and programs that have been implemented to help protect these biological resources. This section will evaluate potential impacts to biological resources that may occur with the implementation of the project and include mitigation measures to reduce these impacts is possible. As might be expected the areas subject to redevelopment are already highly disturbed,with a few minor exceptions, primarily the Santa Ana River Channel. To address biological resource issues within the project area,TDA will compile a list of sensitive species based on the California Natural Diversity Data Base,the City's recently approved General Plan and General Plan EIR,and other environmental documents for the whole project area. An aerial map of the whole project area will be compiled to identify those locations where important biological resources may occur. These locations will be surveyed. (As an optional task, protocol surveys for sensitive species such as San Bernardino kangaroo rat, Delhi sands giant flower-loving fly, least Bell's vireo,burrowing owl, Santa Ana Woolly Star, etc. can be provided). Constraints maps will be developed based on presence of sensitive habitat, sensitive or listed species and other biological resources considered to have special value. A biology report of survey findings will be compiled and provided as a technical appendix to the selected environmental document. 23 CONSULT.NG = ;ass gyp- ' " \av -- SECTION 2 PROPOSAL DESCRIPTION Based on this information,TDA will provide an evaluation of potential biological resource impacts for the Initial Study; identify any required mitigation measures; and assess the potential significance of effects of mergers and plan amendments to the various redevelopment plans. The end product will be a constraints level evaluation of biological resources within the whole project area that will meet all professional standards for biology reports and assessments. D. Cultural Resources RBF has contracted with ECORP to complete the necessary Cultural Services for this contract. The Team will prepare this section based on the information and analysis contained within the Cultural Resources Constraints Analysis prepared for this project. RBF will address potential impacts to cultural resources, including potential historic resources. The discussion of historic, archaeological, and paleontological resources will be based upon the existing General Plan/ EIR and other applicable studies. The Team will assess the potential for any structures within the proposed redevelopment project areas to meet state or national historic register criteria, based on Assessor Parcel data and other available information. E. Geology and Soils RBF will evaluate the potential impacts associated with soil and geologic conditions within the City of San Bernardino and the surrounding vicinity. Geotechnical hazards will be identified based on existing geotechnical and soil data contained in previously prepared soils and geotechnical investigations and information provided by the City. Mitigation will consist of General Plan Safety Element policies, other program-level mitigation measures and standard City conditions of approval, as necessary. F. Human Health Hazards/Risk of Upset Utilizing available information, RBF will evaluate potential hazards that could impact or be generated by future development, including hazardous and toxic materials, high fire hazards, and emergency evacuation and/or emergency response. RBF will recommend mitigation measures to reduce the hazards impacts to the maximum extent possible. G. Hydrology and Water Quality Evaluate potential impacts to surface water drainage features in the Project Area, identify flood hazards, and the potential for water quality degradation resulting from future development in the Project Area. Mitigation will consist of General Plan policies,other program-level mitigation measures and standard City conditions of approval, as necessary. H. Land Use/Relevant Planning RBF will evaluate the appropriateness of the potential uses at the project site in comparison to onsite and surrounding land uses and will analyze the relationship of the 24 CONSULTING • r,1 max' .p"r.•.a .. Sa kW& '7' SECTION 2 PROPOSAL DESCRIPTION project to all applicable planning policies, particularly with respect to the General Plan. Particular emphasis will be placed on General Plan goals and policies related to providing an appropriate mix of land uses and an adequate employment base. RBF intends to utilize information available from the Agency, as well as the NOP process to identify particular concerns and any potential for public controversy. I. Noise RBF will evaluate potential noise impacts of the project, focusing on long-term changes in noise levels in the project area due to project-related traffic changes along major roadways, and changes in ambient noise levels associated with increased vehicle trips and human activity. This section will specifically address impacts associated with the project to noise- sensitive land uses such as residential neighborhoods, schools and other sensitive receptors located in close proximity to the site. Project noise impacts will be assessed based on total increases in the ambient noise level and potential exceedances of City standards. RBF will provide tables to identify potential project noise impacts, and identify mitigation measures necessary to achieve the City noise standards. Construction noise impacts will be qualitatively addressed; J. Population and Housing Based on existing data, RBF will identify the existing population and housing within the Project Area, along with projected trends. The analysis will include a discussion of the potential for residential displacement, housing rehabilitation, new housing and employment. RBF will analyze the project's impact upon the City and County population and housing base. Mitigation measures for potential impacts will be recommended. RBF will summarize existing and projected population, employment, and housing figures based on available data. This section will describe anticipated direct and secondary population, employment,and housing effects associated with project implementation, as well as analyze the net impact to the City's job to housing balance. K. Public Services and Utilities RBF will contact potentially affected agencies to identify relevant existing conditions, project impacts and recommended mitigation measures. The discussion will focus on the potential alteration of existing facilities, extension or expansion of new facilities and the affects on services. RBF will evaluate the ability of the Project Area to receive adequate service based on City and County standards and,where adequate services are not available, will identify the effects of inadequate service and recommended mitigation measures. 25 CONSULTING "° SECTION 2 e� �� 1 PROPOSAL DESCRIPTION Public Services: Fire. The Fire Services review will include a review of existing services/facilities in the area, response times in the Project Area (which includes hazardous material responses to emergencies),available fire flow, project impacts and required mitigation. Police. The Police Service review will focus upon response times to the Project Area, available personnel and overall protection services. Schools. Potential impacts to schools focusing on existing conditions and facility locations. Mitigation measures will be provided to reduce the significance of impacts. Parks and Recreation. The review will include parkland conditions in the Project Area and impacts to the City park system. Mitigation will be identified to reduce the significance of impacts. Solid Waste. The review will include existing solid waste facilities in the Project Area and impacts to those facilities through increase generation of solid waste. Mitigation will be identified to reduce the significance of impacts. Public Utilities: Water. RBF will focus on existing water sources/availability, infrastructure connections, easements modifications and necessary mitigation. Sewer. RBF will focus on existing capacities, infrastructure connection, easements modifications and necessary mitigation.. Electrical. Existing facilities, project impacts, infrastructure relocation, easements and necessary mitigation. Gas. Existing facilities, project impacts, infrastructure relocation, easements and necessary mitigation. L. Traffic The Program EIR will rely primarily upon the General Plan Circulation Element and City- wide traffic data, based on the assumption that the Redevelopment Project would be consistent with the General Plan. Site-specific discussion of potential project area mitigation requirements will be made based on information provided by the City Traffic Engineer. The EIR will also address construction-related issues such as traffic control and access. Should the Agency decide that a Traffic Impact Analysis is required, RBF would re- scope this task with the Agency to define a scope and fee, and amend the contract accordingly. 26 . . , CONSULTING ,.. ,. SECTION 2 PROPOSAL DESCRIPTION Subtask 2.6 Growth Inducement RBF will discuss potential growth-inducing impacts pursuant to CEQA Guidelines Section 15126(d). The analysis in this section will be based on data from the Agency, the City of San Bernardino, California Department of Finance, Southern California Association of Governments,and U.S. Census data. The project's consistency with the growth projections will be discussed and mitigation for any potential impacts will be recommended. Subtask 2.7 Cumulative Impacts In accordance with Section 15130 of the CEQA Guidelines, this section provides a listing of cumulative projects and actions under consideration. The potential for impact and levels of significance are contingent upon the radius or area of interaction with the proposed development. RBF will consult with Agency Staff to define the appropriate study area for the cumulative analysis. RBF will discuss cumulative impacts for each environmental issue area identified above, and will provide qualitative levels of analysis, as appropriate. Subtask 2.8 Alternatives to the Proposed Action Pursuant to CEQA Guidelines Section 15126.6, RBF will provide an analysis of a"reasonable range" of alternatives, comparing environmental impacts of each alternative in each impact area to the project. For each alternative, RBF will provide an analysis of impacts to environmental resources. The alternatives section will conform to both Section 15126.6 of the CEQA Guidelines and to recent and applicable court cases. RBF will discuss as required by the CEQA Guidelines, the advantages and disadvantages of each alternative and the reasons for rejecting or recommending the project alternatives stated. A summary of the various alternatives and associated impacts will be provided as part of the EIR Executive Summary. A maximum of four alternatives, including the No Project Alternative required by CEQA,will be analyzed. The selection of alternatives to be analyzed will be developed with Agency Staff. The alternatives section will culminate with the selection of the environmentally superior alternative in accordance with CEQA requirements. Subtask 2.9 Additional Sections RBF will provide additional sections in the EIR to meet CEQA and Agency requirements including the following: A. Significant Irreversible Environmental Changes That Would Be Involved In the Proposed Action Should It Be Implemented Changes in the environment and uses on non-renewable resources that will occur as a result of the proposed project which can be considered irreversible or irretrievable will be evaluated and discussed within this section of the EIR. 27 . . . CON5UL1,NG • • Y ' SECTION 2 ‘111 DIV MN PROPOSAL DESCRIPTION B. Effects Found Not To Be Significant RBF will provide a qualitative explanation of issues that are considered to have "No Impact"with respect to the proposed project. C. Inventory of Unavoidable Adverse Impacts This section will be a comprehensive list of unavoidable adverse impacts associated with the proposed project. D. Organizations and Persons Consulted/Bibliography Any federal, state or local agencies,other organizations and private individuals consulted in preparing the EIR will be listed in this section. RBF will provide a complete list of reference materials used in preparation of the EIR. Subtask 2.10 Graphic Exhibits The EIR will include a maximum of 30 exhibits to enhance the written text and clarify the proposed project environmental impacts. Using state-of-the-art computer design equipment and techniques, our in-house graphic design team will create professional quality, black and white or full color exhibits, dividers and covers for the EIR and Appendices. Task 2.0 Output: ♦ Ten (10) hard copies of the Administrative Draft EIR • One(1) electronic copy of the Administrative Draft EIR • One(1) copy of the Technical Appendices Task 3.0 Draft Environmental Impact Report Subtask 3.1 Preparation of Administrative Draft EIR#2 As part of the proposed project, RBF will conduct an Administrative Draft EIR Review Workshop prior to completion of Administrative Draft EIR#2 (refer to Subtask 5.2). RBF will respond to one complete set of Agency comments on the Administrative Draft EIR. If desired by the Agency, RBF will provide an Administrative Draft EIR#2 with all changes highlighted to assist the final check of the document. Subtask 3.2 Completion of the Draft EIR RBF will respond to Administrative Draft EIR#2 comments and prepare the Draft EIR for the required 45-day public review period. In addition, RBF will prepare the Notice of Completion (NOC) for submittal to the Office of Planning and Research (OPR). RBF will also work with the Agency to develop a distribution listing for the NOC and Draft EIR,which will be based on the previous list used for the NOP. 28 CON5ULTINO SECTION 2 •III T"'�'N PROPOSAL DESCRIPTION Task 3.0 Output: ♦ Ten (10) hard copies of the Administrative Draft EIR#2 • One(1) electronic copy of the Administrative Draft EIR#2 • Fifty(S0) hard copies of the Draft EIR • One(1)electronic copy of the Draft EIR • Twenty-five(25) copies of the Technical Appendices • Fifty(50) hard copies of the Notice of Completion ♦ One(1) electronic copy of the Notice of Completion Task 4.0 Final Environmental Impact Report Subtask 4.1 Response to Comments/Administrative Final EIR RBF will respond to comments received on the Draft EIR during the 45-day public review period, and additional comments raised during public hearings. RBF will prepare thorough, reasoned and sensitive responses to relevant environmental issues. This task includes written responses to both written and oral comments received on the Draft EIR (includes review of hearing transcripts, as required). The Draft Responses to Comments will be prepared for review by Agency Staff. To accommodate the proposed schedule a Project Meeting (refer to Subtask 5.2) will be conducted upon completion of the Agency's review of the Draft Response to Comments document. Following this meeting, RBF will finalize this section for inclusion in the Administrative Final EIR. For budgeting purposes, we have assumed a total of 40 hours of Environmental Staff time to prepare the Response to Comments. Should the comments be excessive and require more than the budgeted time, this task would be re-scoped. Additional time would be billed on a time and materials basis under a separate agreement. Subtask 4.2 Mitigation Monitoring and Reporting Program To comply with the Public Resources Code Section 21081.6, RBF will prepare a Mitigation Monitoring and Reporting Program to be defined through working with Agency Staff to identify appropriate monitoring steps/procedures and in order to provide a basis for monitoring such measures during and upon project implementation. The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the Mitigation Monitoring and Reporting Program for the proposed project. The Checklist indicates the mitigation measure number as outlined in the EIR,the Monitoring Milestone (at what Agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks. Subtask 4.3 Final EIR The Final EIR will consist of the revised Draft EIR text, as necessary, the "Comments to Responses" section,and the Mitigation Monitoring and Reporting Program. The Draft EIR 29 . CONSULTING +8L Inv SECTION 2 \a PROPOSAL DESCRIPTION will be revised in accordance with the responses to public comments on the EIR. RBF will also prepare the Notice of Determination for Agency filing within five (5) days of EIR certification. Subtask 4.4 Findings and Overriding Considerations RBF will provide administrative assistance to facilitate the CEQA process including the preparation of the Statement of Overriding Considerations and Findings for Agency use in the project review process. RBF will prepare the Findings in accordance with the provisions of Sections 15091 and 15093 of the CEQA Guidelines and in a form specified by the Agency. RBF will submit the Draft Findings for Agency review and will respond to one set of Agency comments. Task 4.0 Output: • Ten (10) hard copies of the Draft Responses to Comments/ a Administrative Final EIR/Mitigation Monitoring Program • One(1)electronic copy of the Draft Responses to Comments/Administrative Final EIR/Mitigation Monitoring Program • Fifty(50) hard copies of the Final EIR • One(1)electronic copy of the Final EIR • One(1)Notice of Determination • Ten (10) hard copies of the Draft Findings and Statement of Overriding Considerations • One(1)copy of the Final Findings and Statement of Overriding Considerations Task 5.0 Project Management, Meetings and Hearings Subtask 5.1 Project Management Ms. Collette Morse,AICP, and Mr. Aaron Pfannenstiel,AICP,will be responsible for management and supervision of the Project Team, as well as consultation with the Agency Staff. Project oversight will be provided by Mr. Kevin Thomas. Working closely with Mr. Thomas, Ms. Morse and Mr. Pfannenstiel will undertake consultation and coordination of the project and review the EIR for compliance with CEQA requirements and guidelines and City CEQA procedures. Ms. Morse and Mr. Pfannenstiel will coordinate with all technical staff, consultants, support staff, and word processing toward the timely completion of the EIR. Subtask 5.2 Project Meetings To ensure the timely completion of the proposed project RBF is offering to conduct several project meetings and a workshop with the Project Team. The meetings that RBF will conduct are as follows: 30 CONS U LT.NO x t • Si�i►nMe rX � '' SECTION 2 ` PROPOSAL DESCRIPTION Progress Meetings: These meetings will be held with Agency Staff, RBF has assumed two of these meetings will be held during the environmental review process: (1) before completion of the Administrative Draft EIR#2, and (2) after Agency review of the Draft Response to Comments document. It is assumed that these meetings would include up to three staff members programmed for four hours. Subtask 5.3 Public Hearings Mr. Thomas, Ms. Morse, and Mr. Pfannenstiel will represent the Project Team at public hearings and make presentations, as necessary. RBF has budgeted for up to three RBF personnel to attend six (6) public hearings to present finding of the Draft Program EIR and one (1) final adoption hearings to present the findings of the Final Program EIR. Approximately six hours have been assumed for each hearing per person. Should the Agency determine that additional hearings are necessary; services will be provided under a separate scope of work on a time and materials basis. Task 5.0 Output: s Ongoing project coordination with Agency Staff and Project Team • Two (2) meetings with Agency Staff to provide written and oral progress reports, resolve issues, review comments on Administrative documents, and receive any necessary direction from Agency Staff • Seven (7)public hearings with presentations as necessary, as determined by Agency Staff OPTIONAL TASK Preliminary Hazardous Materials Assessment RBF will prepare a Preliminary Hazardous Materials Memorandum for the East Project Areas Mergers and Plan Amendments site (herein referenced as the "project site"), located within the City of San Bernardino, California. Materials that may constitute a hazardous waste include, but are not limited to, petroleum products, pesticides, organic compounds, heavy metals, or other compounds injurious to human health and the environment. RBF will review federal, tribal, state, and local agency records regarding known hazardous material sites/handlers. All identified regulatory sites,within the project boundaries, will be listed within a technical memorandum. RBF will utilize the industry's standard database provider, Environmental Data Resources (EDR), in order to obtain the regulatory database information. RBF will prepare a memorandum that discusses the EDR report and identifies the potential of environmental conditions within the project site due to the reported regulatory properties on-site. A table of the listed properties will be included within the Hazardous Materials Memorandum. 31 CONSULTING 1;r rtes * t. i-e , tom. - _ r SECTION 2 PROPOSAL DESCRIPTION This task does not include the review of records maintained by lead State regulatory agencies, nor does it include a site visit, literature review, review of chain-of-title, exhibits, or historical maps. The Hazardous Materials Memorandum is not intended to provide specific qualitative or quantitative information as to the actual presence of hazardous materials at the site, but is to merely identify the potential presence based on reported regulatory information. This scope specifically excludes laboratory testing, field sampling, environmental lien searches and chain-of-title documents (although these can be reviewed by RBF if provided by the Client). Optional Task Output: • Three(3) hard copies of the Hazardous Materials Memorandum and attachment as well as an electronic PDF format shall be forwarded approximately fifteen (15)days from notice to proceed. 32 CONSULTING EXHIBIT "C" INSURANCE REQUIREMENTS The Consultant shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of California and that maintain during the term of the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most current edition of"Bests Insurance Guide," as follows: (1) Comprehensive General Liability Insurance. The Consultant shall maintain comprehensive general liability insurance of not less than Two Million Dollars ($2,000,000.00) combined single limit, per occurrence. (2) Automobile Insurance. The Consultant and each of its subcontractors shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for each vehicle leased or owned by the Consultant or its subcontractors and used in performing work under this Contract. (3) Worker's Compensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or subcontractor's employment performing work under this Contract. (4) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performing the Scope of Services of this Contract in an amount of not less than One Million Dollars ($1,000,000.00). Concurrent with the execution of this Contract and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Contract. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Contract shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty (30) days prior written notice to the Agency. 11 P.\Agenda'Agenda Attachments\Agenda Attachments'Agenda Attachments Agrmts-Amend 2009'08-03-09 RBF—Professional Services Contract.doc