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HomeMy WebLinkAbout13- Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing the City Manager to execute an Agreement for Professional Services with Dept: Development Services Lilburn Corporation for preparation of an Environmental Impact Report for the Shandin Ranch Date: March 24, 2010 Specific Plan. MCC Date: April 19, 2010 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. Valerie C. Ross Contact Person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report, Resolution, Ward(s): Citywide Agreement. FUNDING REQUIREMENTS: Amount: N/A Source: 772-190-2301 Acct. Description: Trust Account Deposits Finance: Council Notes: ZrZ s,0 caoi0 - 70 Agenda Item No. I '3 Al- tq- /D Ofbwwgf Pa�e CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution authorizing the City Manager to execute an Agreement for Professional Services with Lilbum Corporation for preparation of an Environmental Impact Report for the Shandin Ranch Specific Plan. Backeround: The Shandin Ranch Specific Plan is a proposal to develop 1,050 dwelling units (285 single- family and 765 multi-family units) on 350 acres of a 532-acre project site located on both sides of Little Mountain Drive, south of Kendall Drive and north of Bond Street. The project may include commercial uses mixed with residential uses on approximately 13 acres of the site. Potential bonus densities for senior housing may increase the dwelling unit count to a maximum of 1,573 units (427 single-family and 1,146 multi-family). The Specific Plan proposal also includes 11 acres of active park land,multi-purpose trails and 180 acres of natural open space. On June 18, 2009,the Development/Environmental Review Committee(D/ERC)determined that development of the Shandin Ranch Specific Plan may have one or more significant impacts on the environment, and required preparation of an Environmental Impact Report (EIR) pursuant to the requirements of the California Environmental Quality Act (CEQA). An Initial Study was prepared by Lilbum Corporation, under contract to the City and funded by the applicant, to identify potential impacts that should be analyzed in the EIR. The Initial Study was circulated for public review with a Notice of Preparation(NOP)of an EIR on September 8, 2009. On September 15, 2009, a Request for Proposals (RFP) to prepare an EIR for the Shandin Ranch Specific Plan was sent to six environmental consulting firms. Three proposals were submitted and evaluated by staff from the Development Services Department and the Economic Development Agency, as well as the applicant. Proposal costs ranged from $194,250.00 to $422,216.00,with Lilburn Corporation,a local firm, submitting the lowest cost proposal that was also selected as the most responsive proposal with the greatest understanding of the project. After the tentative selection of Lilburn Corporation as the firm to be recommended to the Mayor and Council to perform the required services, staff reviewed comments received in response to the NOP and the Shandin Ranch plans and application materials with Lilbum Corporation to confirm the scope of services and cost of the recommended Agreement for Professional Services. Financial Impact: This action has no financial impact on the City. The cost of $194,250.00 will be paid by the proponent of the Shandin Ranch Specific Plan, MICAL, LLC. Recommendation: Adopt Resolution. CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued Exhibits 1. Resolution Exhibit A: Agreement for Professional Services Attachment l: Scope of Work and Cost Estimate 2. List of RFP responders and proposal costs 3. Request for Proposals 3 1 COPY 2 RESOLUTION NO. 3 4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN 5 AGREEMENT FOR PROFESSIONAL SERVICES WITH LILBURN CORPORATION FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE 6 SHANDIN RANCH SPECIFIC PLAN. 7 8 WHEREAS, MICAL, LLC has submitted a proposal to develop the Shandin Ranch 9 Specific Plan, a plan for development of 1,050 — 1,573 dwelling units with ancillary 10 commercial uses, park and trail amenities and natural open space on a 532-acre project site in 11 the City of San Bernardino; and 12 13 WHEREAS, the City of San Bernardino Development and Environmental Review 14 Committee has required preparation of an Environmental Impact Report to analyze potential 15 impacts of the Shandin Ranch Specific Plan; and 16 17 WHEREAS, MICAL, LLC has requested that the Environmental Impact Report for the 18 Shandin Ranch Specific Plan be prepared by an independent consultant under the direction of 19 the City of San Bernardino ("City"); and 20 21 WHEREAS, City issued a Request for Proposals (RFP) for professional services to 22 prepare an Environmental Impact Report for the Shandin Ranch Specific Plan; and 23 WHEREAS, City has evaluated all proposals submitted in response to the RFP and 24 25 found the proposal submitted by Lilbum Corporation to be complete and responsive to the 26 requirements stated in the RFP; 27 0+17,10 28 -a 13 k/w 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN 2 AGREEMENT FOR PROFESSIONAL SERVICES WITH LILBURN CORPORATION FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE 3 SHANDIN RANCH SPECIFIC PLAN. 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 SECTION 1. Lilburn Corporation is competent, experienced, and qualified to perform 9 said services, based upon the proposal submitted to City, and upon previous environmental 10 consulting services performed for City. Pursuant to this determination, and upon execution of 11 the Agreement for Professional Services by the City Manager, the Purchasing Manager is 12 hereby authorized and directed to issue a Purchase Order to Lilbum Corporation in the amount 13 of$194,250.00 for professional services required to prepare an Environmental Impact Report 14 for the Shandin Ranch Specific Plan. Upon receipt by City of a deposit in the full amount of 15 16 $194,250.00 by MICAL, LLC, the City Manager is hereby authorized and directed to execute 17 on behalf of City an Agreement for professional services with Lilburn Corporation; a copy of i8 which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though 19 fully set forth at length. 20 21 SECTION 2. The authorization to execute the above referenced Agreement and 22 23 Purchase Order is rescinded if the Agreement is not executed within sixty (60) days following 24 the passage of this Resolution. 25 26 27 28 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN 2 AGREEMENT FOR PROFESSIONAL SERVICES WITH LILBURN CORPORATION FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE 3 SHANDIN RANCH SPECIFIC PLAN. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held 6 7 on the day of , 2010,by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 11 DESJARDINS 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of 2010. 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino Approved as to 24 Form: 25 J F. ENMAN, P 26 City F ey B • 27 28 EXHIBIT A AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SHANDIN RANCH SPECIFIC PLAN THIS AGREEMENT is made and entered into this_day of , 2010 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and LILBURN CORPORATION ("Contractor"). WITNESSETH: A. WHEREAS, City proposes to have Contractor provide professional services to prepare an Environmental Impact Report (EIR) for the Shandin Ranch Specific Plan; and B. WHEREAS, Contractor represents and warrants that it has the specialized expertise and experience required to prepare an EIR for the Shandin Ranch Specific Plan, in compliance with the California Environmental Quality Act (CEQA), sections 21000 — 21177 of the California Public Resources Code, and holds all necessary licenses to practice and perform the professional services contemplated in this Agreement; and C. WHEREAS, City and Contractor Iiesire to contract for the performance of the services described below and as attached, and desire to set forth their rights, duties and liabilities concerning the performance of the services; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained in this Agreement,the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONTRACTOR I.I. Scope of Work. Contractor shall provide professional services to prepare an EIR for the Shandin Ranch Specific Plan, a 532-acre master planned development including a General Plan Amendment and one or more subdivision maps in the City of San Bernardino, in accordance with the Scope of Work and Cost Estimate proposed by Contractor, attached to this Agreement as Attachment 1 and made a part of this Agreement by reference. It is agreed that Contractor shall complete the Shandin Ranch Specific Plan EIR in accordance with applicable State law and other requirements as acknowledged in the attached Scope of Work. 1.2. Professional Practices. All professional and contractual services to be provided by Contractor and sub-contractors pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. Contractor further warrants that it and its personnel and sub-contractors have no professional, personal, or other affiliation with or connection to the owner of the Shandin Ranch Specific Plan project site or any other person or entity connected with the development that could interfere with Contractor's performance of its obligation to prepare the Shandin Ranch Specific Plan EIR. 1.3. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may arise out of Contractor's performance under this Agreement. 1.4. Non-discrimination. In performing services pursuant to this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or on any other basis prohibited by law, except as permitted pursuant to Section 12940 of the California Government Code. Violation of this provision may result in the imposition of penalties referred to in California Labor Code section 1735. 1.5 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements to have other contractors perform, or may have City's own employees perform, services that are similar to the services to be performed under this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties to be performed by Contractor pursuant to this Agreement shall not he delegated or assigned to any other person or entity without the prior written consent of City. 1.7. Business Registration: Contractor shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1) 1.8. Duty of Loyalty/Conflict of Interest: Contractor understands and agrees that as the City's consultant, Contractor shall be subject to a fiduciary duty and a duty of loyalty to the City in performing Contractor's obligations under this Agreement. Contractor, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code section 87100 et seq., and Title 2 of the California Code of Regulations section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be compensated for its services according to the Cost Estimate contained in Attachment 1, for a total amount not to exceed $194,250.00. 2.2. Additional Services. Contractor shall not receive compensation for any services other than the services specified in this Agreement unless City, prior to Contractor performing the additional services, approves the services in writing. It is specifically understood that oral requests and/or approvals of additional services or compensation are unenforceable. 2.3. Method of Billing. Contractor shall submit invoices to the City Planner for approval on a monthly basis. Each ,invoice shall describe in detail the services performed, the time spent to perform said services and the amounts charged for all services completed to the sole satisfaction of City during the period covered by the invoice. City shall pay Contractor's invoice within forty-five (45) days from the date City receives the invoice. Any additional services approved and performed pursuant to this Agreement shall be designated on the invoice as "Additional Services" and the invoice shall identify the number of the authorized change order,where applicable. 2.4. Records and Audits. Contractor shall maintain records of all services it performs pursuant to this Agreement in accordance with generally accepted accounting principles, and shall make the records available to the City Planner for inspection and/or audit at mutually convenient times for a period of three(3)years following completion of services and delivery of the Final EIR. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. The Shandin Ranch Specific Plan EIR shall be completed according to the Scope of Work set forth in Attachment 1 to this Agreement, unless otherwise agreed to by City. If Contractor fails to commence work in a timely manner or fails to pursue work diligently to completion, City may, at its option, terminate this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts or conditions beyond the reasonable control of the party or parties. Such acts and conditions shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations the effect of which could not reasonably have been foreseen, riots, and acts of war. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and shall continue until satisfactory completion of all work contemplated in this Agreement. The date of satisfactory completion shall be the date on which Contractor submits the final deliverables, the Final EIR, Mitigation Monitoring/Reporting Program (MM/RP) and Draft Findings of Fact and Statement of Overriding Considerations, as described in Attachment 1. 4.2. Notice of Termination. City reserves and has the right and privilege to cancel, suspend or abandon the execution of all or any part of the work contemplated in this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by City. 4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated according to the percentage of work completed as of the effective date of termination, in accordance with the fees set forth in this Agreement. In determining the professional services actually rendered up to the effective date of termination, consideration shall be given to both completed work and work in progress, and to complete and incomplete work products, whether delivered to City or in the possession of Contractor. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished documents, data, studies, maps and reports, shall be delivered to City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City's sole risk and without liability or legal expense to Contractor. A 5.0. INSURANCE 5.1. Minimum Scone and Limits of Insurance. Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, and personal injury, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit, per occurrence and aggregate. (b) Automobile liability for owned, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California, including employer's liability coverage. (d) Professional errors and omissions (E&O) liability insurance with policy limits of not l9ss than One Million Dollars ($1,000,000.00) combined single limit, per occurrence and aggregate. Contractor shall obtain and maintain the E&O liability insurance during the life of this Agreement and for three years after completion of its work under this Agreement. 5.2. Endorsements. The comprehensive general liability insurance policy and the automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to the subject project and contract with City." In addition, the comprehensive general liability, automobile liability, and workers' compensation/employer's liability policies shall contain or be endorsed to contain the following provisions: (b) Notice: "This policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." (d) Waiver of subrogation: "Insurer waives any right of recovery it may have against the City of San Bernardino or its elected and appointed boards, officers, agents, or employees under this policy because of payments Insurer makes for injury or damage arising out of the named insured's operations or work done for the City of San Bernardino." 5.3. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting.. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in Section 6.8 of this Agreement, or the extent to which Contractor may be held personally responsible for indemnifying City against liability for damage to persons or property, notwithstanding any insurance that may cover such damage. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referred to in this Agreement and supersedes any and all prior writings and oral negotiations. This Agreement may be modified only in a writing signed by the parties in interest at the time of the modification. The terms of this Agreement shall prevail over any inconsistent provision in any other document relating to this Agreement, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of City called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor's Project Manager shall attend and assist in all coordination meetings called by City. r 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work under it may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Communications shall be deemed served or delivered: a) at the time of delivery if the communication is sent by personal delivery; b) at the time of transmission if the communication is sent by facsimile; and c) 48 hours after deposit in the United States Mail as reflected by the official United States postmark if the communication is sent through regular United States Mail. IF TO CONTRACTOR: IF TO CITY: Cheryl Tubbs, Vice President Terri Rahhal, City Planner Lilburn Corporation Development Services Department 1905 Business Center Drive 300 North "D" Street San Bernardino, CA 92408 San Bernardino, CA 92418 Fax: 909-890-1809 Fax: 909-384-5080 Tel: 909-890-1818 Tel: 909-384-5057 6.5. Attomeys' Fees. In the event that litigation is brought by any party in tP connection with this Agreement, the prevailing parry shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies under this Agreement or the enforcement of any of the terms, conditions, or provisions of this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of City shall be considered "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. The parties agree that the sole and exclusive venue for any legal action to enforce or interpret this Agreement shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Contractor from Contractor's obligation to perform all other obligations to be performed by Contractor under this Agreement for the term of this Agreement. 7 6.8 Indemnification and Hold Harmless. Contractor shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorneys' fees, damage to property, injury to or death of any person or persons, and all other damages of any nature including,but not limited to, all civil claims or workers' compensation claims, wholly or partly arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Contractor, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall secure at its expense, and be responsible for, the payment of any and all required payroll deductions for Contractor and its officers, agents, and employees, including but not limited to deductions for Income Tax, Social Security, State Disability Insurance Compensation, and Unemployment Compensation. Contractor shall secure at its expense any business licenses required for the performance of services to be performed under this Agreement. 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement shall be and remain the sole property of City. Contractor agrees that any such documents or information shall npt be made available to any individual or organization without the prior written consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings,reports, documents, information, and data in any form, including but not limited to, computer tapes, discs, files, audio tapes, and any other items relating to the subject project, as requested by City or its authorized representative, at no additional cost to City. 6.11 Public Records Act Disclosure. Contractor has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs, or files furnished or prepared by Contractor or any of its subcontractors and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et. seq.). Documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and which Contractor informs City are trade secrets, may be exempt from disclosure. City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation,those records so designated if disclosure is deemed to be required by law or by M- order of a court. R 6.12. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by City's representative regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable wholly or partly to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary professional services necessary to rectify and correct the error or omission to the sole satisfaction of City, and shall participate in any meeting required to carry out the correction. 6.13. Prohibited Employment. Contractor shall not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict between this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each parry shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations under this Agreement except as expressly provided in this Agreement. 6.16. No Third Party Beneficiary Rights.Its. This Agreement is entered into for the sole benefit of City and Contractor. Ng other parties are intended to be direct or incidental beneficiaries of this Agreement, and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraph and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or be a full or accurate description of the content of this Agreement. Headings shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises in construing this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties to this Agreement or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of the right to require performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is 0 sought. The waiver of any right or remedy that accrues to a parry upon the occurrence of an event shall not be deemed a waiver of any right or remedy that accrues to that party upon the occurrence of any other event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, that determination shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement or of the unenforceable provision in any other circumstance. Notwithstanding the foregoing, if a court or arbitrator of competent jurisdiction determines that the value of this Agreement to any party, based upon the substantial benefit of the bargain to that party, is materially impaired by the elimination of an unenforceable provision, then the parties shall through good faith negotiations substitute a substantially equivalent enforceable provision for the provision determined to be unenforceable. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authority. The persons executing this Agreement warrant that they are duly authorized to execute it on behalf of the parties and that their execution of this Agreement formally binds the parties to its provisions. in AGREEMENT FOR PROFESSIONAL SERVICES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SHANDIN RANCH SPECIFIC PLAN IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, LILBURN CORPORATION, A Municipal Corporation, A California Corporation, By Charles McNeely, City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney 11 i j ATTACHMENT 1 © 2.0 SCOPE OF WORK j Our methodology for preparation of the EIR for the Shandin Ranch Specific Plan, General Plan Amendment, master Tentative Tract Map, and possible Development Agreement is described herein. The Project Team Organization and members who will be responsible for the tasks defined herein are shown in Section 4, on Figure 1. Our scope of work will lead to the City's adoption of a Specific Plan for the 532-acre area and a General Plan Amendment, and certification of an EIR. Upon adoption, the Specific Plan and EIR will guide future development within the project boundaries. Our overall approach is summarized below. Following this summary, the tasks required are outlined in detail. ❑ Kick-Off Meeting and Review of specific Plan - Conduct a project kick-off meeting and clearly define the objectives of the work to be undertaken. - Compile all available reports and correspondence regarding proposed development within the Specific Plan Area. - Review Specific Plan for completeness in terms of allowing for comprehensive environmental review. - Determine whether additional data will be required and prepare a data request. �+ Prepare memorandum report for submittal to City regarding adequacy of documents �✓ reviewed. ` Utilize Specific Plan for refinement of Project Description to be used in EIR. ❑ Conduct Scoping Meeting - Meet with citizen groups and the general public to present project and alternatives and gain community input prior to finalizing scope of the EIR. - Review and discuss responses to the NOP with City staff and finalize the scope of the EIR. ❑ Prepare Focused Environmental Studies - Conduct all necessary additional technical studies to support the EIR. Findings will be incorporated into the Draft EIR and studies will be included in the Technical Appendices. Conduct necessary outreach to tribal councils in accordance with SB 18 ❑ Prepare and Distribute Draft EIR - Prepare an Administrative Draft EIR for review by City staff. - Prepare Draft EIR and Notice of Completion. - Distribute Draft EIR to State Clearinghouse, responsible agencies and others as directed by the City. I I 9 a B _ i -- - -_ Pa e2 ❑ Prepare Final EIR - Compile public comments on the Draft EIR and prepare responses. - Prepare an Administrative Final EIR containing the Draft EIR, any revisions to the Draft, responses to public comments and the Mitigation Monitoring/Reporting Program (MMRP) for review by City staff. Prepare Draft Findings of Fact and Statements of Overriding Consideration for City Attorney review. - Complete Final EIR for certification and adoption. ❑ Project Management - Contract Management with City and subconsultants. - Attend meetings on an as needed basis with the City staff and Applicant(up to 10). Attend all public meetings, DRC meeting and hearings (up to six). The details of each task to be undertaken, leading to completion of the Final EIR are described herein. Although the occurrence of each task may not happen in the order presented in this Scope, tasks will occur simultaneously and the actual flow of work and anticipated completion dates are r shown in the Project Schedule of this proposal. Currently the 30-day review process for the NOP is f underway. Upon award of contract, and after a review of the current Applicant submittals, we would immediately begin work on technical studies and preparation of the administrative Draft EIR for City review. All task deliverables will be provided to the City in formats compatible with Microsoft Word. We propose to provide at least 15 hard copies and 100 electronic (compact disk) copies of the Draft EIR C and appendices. We will work with the City to determine the final numbers of copies of the Final EIR. l TASK 1: PROJECT KICK-OFF/SPECIFIC PLAN REVIEW The purpose of this task is to meet with City Staff and project representatives to confirm the objectives and goals in proposing the Shandin Ranch Specific Plan, and incorporate any recent changes to the project that may affect the EIR. R I We will review the Specific Plan for completeness in terms of allowing for comprehensive I environmental review, determine whether additional data will be required, and prepare a memorandum report for submittal to the City regarding adequacy of document. Our review will focus on pertinent City ordinances and policies (Hillside Management Overlay District, fuel modification, wind hazards, grading, trails, etc). The Specific Plan will be reviewed for completeness based on City ordinance and State law (California Government Code 65451). The objective of reviewing the Specific Plan text and maps will be to identify any concerns regarding design, circulation, land uses, infrastructure, phasing, resource protection, or other substantive ® issues that would be addressed in the EIR. We will prepare written comments and transmit a memo to City staff itemizing any incomplete items in the document. Completion of an adequate Page 3 10 Specific Plan will be required to developing a Project Description for use in the EIR and providing the baseline for technical studies to begin. Meetings: One kick-off meeting. Deliverables: Summary of the kick-off meeting, data request, and memorandum report regarding adequacy of Specific Plan. t TASK 2: CONDUCT SCOPING MEETING Because the Shandin Ranch Specific Plan will be considered a project of areawide concern, Public Resource Code 21083.9 requires a mandatory scoping meeting be conducted. In this task we will coordinate and conduct a scoping meeting for members of the public. Lilburn Corporation will coordinate setting up the meeting and leading the presentation as directed and on behalf of City staff. Comments received at the scoping meeting will be summarized as part of the NOP comments and incorporated into the EIR. Following the City's receipt of any responses to the NOP, we will prepare a summary of the issues raised by respondents and comments received from the scoping meeting. Should any new issues be raised, we will discuss with City staff how to incorporate them into the Administrative Draft EIR. The Scope of the EIR may be refined after reviewing public comments received on ® the NOP. Meetings: Attendance at one Public Scoping Meeting. Deliverables: Sign-in sheets, comment cards and summary of issues raised at the meeting. These will be taddressed in the Draft EIR along with comments received on the NOR TASK 3: PREPARE FOCUSED ENVIRONMENTAL STUDIES All technical studies to be provided by the Lilbum Corporation team shall be prepared as described herein as well as incorporating direction provided by the City in subsequent meetings with staff. The studies will be incorporated into the EIR and included as technical appendices. III Traffic Impact Analysis Kunzman Associates will prepare a Traffic Impact Analysis for the proposed Shandin Ranch Specific Plan. Their initial task will be to develop a Scoping Agreement. Through Lilburn Corporation, they will coordinate with City staff to develop a mutually agreed-upon scope of work. Work products include: - Study Area Trip Generation Assumptions - Study Area Definition Identification of Ambient Growth Patterns Preparation of Draft Traffic Study Scoping Assumptions Page 4 Interaction with City Traffic Engineer and Finalize Traffic Study Scoping Agreement CThe traffic impact analysis will consist of preparing an objective report suitable for submission to the reviewing agency. The report will be prepared in accordance with accepted professional transportation engineering standards. The final illustrated report will summarize the traffic impact analysis findings, methodology, and supportive data. It will quantify existing traffic conditions, traffic conditions upon project completion, and r recommend mitigation measures. l • Specifically, the traffic impact analysis will consist of (1) conducting a field survey; (2) documenting existing traffic conditions; (3) determining project traffic generation; (4) distributing the project traffic generation to the street system; (5) determining the project's traffic impacts; (6) analyzing site access locations; (7) examining internal circulation including emergency vehicle access; and (8) mitigating the impacts. Mitigation measures will include roadway sizing recommendations, intersection controls, and special treatments such as left turn pockets and right turn lanes as might be required r by the project. II • The traffic impact analysis will include calculation of intersection delay utilizing the Highway Capacity Manual at up to fourteen (14) intersections in the project vicinity during the peak hours for existing conditions as well as with the proposed project. A Draft Traffic Study Report will be completed to incorporate findings and all supporting calculations. We will provide a final vgrsion following receipt and incorporation of City l comments. Air Quality and Climate Change Air Quality Lilbum Corporation will prepare an Air Quality Assessment based on the Land Use and Circulation plans prepared for the Specific Plan. • Existing Air Environment. The existing air environment will be described in terms of meteorology, local topography, affecting pollutant dispersion, and ambient air monitoring data. A summary of current air management efforts which may be related to the proposed project will be provided with particular emphasis on the applicable requirements for air quality assessments identified in the South Coast Air Quality Management District's (SCAQMD) CEQA Handbook. Sensitive receptor areas within the project vicinity will be identified. • Potential Impacts. The air quality impacts of the proposed Shandin Ranch Specific Plan, General Plan Amendment, and master Tentative Tract Map project can be divided into the short-term dust generation, local impacts, and long-term regional air pollution increases. IShort-term dust and emission generation due to construction activities will be forecasted. Q Measures to reduced dust generation are required by the SCAQMD. Additionally, measures I are contained in the 2007 Air Quality Management Plan (AQMP) and these will be included l Page 5 in the list of mitigation measures. A localized significant threshold (LST) analysis will not be performed for this project due to its large size and lack of specificity. LST assessments will be needed as part of the environmental analysis of specific projects in the future. Long-term emissions will be generated due to increased traffic and combustion of natural gas. The emissions generated by these sources will be assessed and compared to potential regional air quality impacts. • Mitigation Measures. In addition to SCAQMD requirements for the reduction of fugitive dust and emissions of other criteria pollutants during construction, other measures for the reduction in short-term emissions will also be identified. Likewise, mitigation measures for long-term emissions associated with proposed land uses in the Land Use Plan will also be identified. A matrix of land uses and required measures that must be implemented will be identified. Climate Change This is a relatively new area of analysis for CEQA resulting from the passage of Assembly Bill 32, the Global Warming Solutions Act of 2006, and lawsuits filed against several EIRs for failing to address climate change impacts by the State Attorney General and other groups. There is not yet a consensus on what types of projects should require a greenhouse gas/climate change assessment or even what the assessment should contain in terms of analysis, significance findings and mitigation. The following scope of work is based on the guidelines that are currently available. Lilburn Corporation will continue to follow developments in this area and apply the current state of the art methodologies and analysis strategies when the document is prepared. • Existing Environment. There are currently no standards or significance thresholds established by the SCAQMD or the California Air Resources Board(CARB) for greenhouse gas emissions. The existing environment section will provide a thorough background on greenhouse gas generation, the recognition that it is a global problem, and acknowledgement of the major sources of greenhouse gas emissions. Regional emission inventories are available for the state. Therefore, it will be possible to provide a regional context to the emissions that are forecasted. • Potential Impacts. Per CEQA Guidelines, project emissions must be treated as new emissions just as all emissions from a new project are treated. Greenhouse gas emissions are different from standard air emissions. For standard air emissions, the focus is on air quality impacts on an air basin or even at the neighborhood level. For greenhouse gas emissions, the perspective is global, not local, and a discussion will be presented that these emissions are not necessarily new emissions since housing and other services are primarily population driven. Many gases make up the group of pollutants that are believed to contribute to global climate change. Carbon dioxide (CO,) and methane (CH.r) are the major pollutants of concern for climate change impacts. Tools are available for forecasting the major pollutant categories associated with new projects. URBEMIS2007 will be used to calculate emissions of CO2 and CH., from vehicles, electric generation, and emissions from natural gas combustion (i.e. water heaters and space heaters). i ' Page 6 __ © • Mitigation Measures. The need for mitigation measures is an open question at this time. Some feel that since there are no threshold criteria, there can be no impacts, and without impacts, there is no need for mitigation. Attorney General Jerry Brown submitted a comment letter on a large specific plan that indicates that most projects should be treated as causing a cumulative impact and has issued a list of mitigation measures that he recommends be considered on a project by project basis. Potential conditions of approval that could be required to reduce project GHG emissions suggested by CARB in their Potential Performance Standards and Measures and by the Attorney General's letter will be reviewed for their applicability to the proposed project and applicable measures will be presented. Noise Assessment Mestre Greve Associates (MGA) will prepare a Noise Assessment that includes characterizing the existing ambient acoustic environments, a review of proposed land uses and their locations, and an evaluation of future noise impacts on the existing environment and on future sensitive receptors in the area. • Short-term noise measurements will be conducted at up to eight locations in and around the Specific Plan area. There are several sensitive receptors in the area including the Shandin Hill Middle School and, nearby residential development, and some of the noise measurements will be focused on determining the roadway noise at proposed residential sites. The Federal Highway Administration (FHWA) highway noise model (FHWA Highway Traffic Noise Prediction Model, FHWA-RD-77-108) will be used in conjunction with the measurements to describe existing noise levels in the project vicinity. Community noise standards relevant to this project are contained in the City of San Bernardino General Plan and Noise Ordinance. These standards will be summarized and their relevance to the project discussed. • The potential noise impacts can be divided into short-term construction noise, impacts on surrounding land uses, and on-site noise/land use compatibility. Noise levels generated by construction activities will be estimated at nearby sensitive receptors as development in the Specific Plan area occurs.The application of the City of San Bernardino Noise Ordinance to control construction noise will be discussed. • The noise impacts associated with the project's traffic on adjacent land uses will be assessed in terms of the Community Noise Equivalent Level (CNEL) noise scale. The increase in noise levels due to the project will be determined. Traf fic noise level changes relative to the no project alternative will be represented assuming the traffic data required to calculate these values is provided. Areas that will experience a significant noise increase will be identified. absolute noise levels experienced in these areas will then be For the project scenario, the a Pe noise compatibility discussed. land use/ determined, and the resulting p Y • Mitigation strategies will be identified for the control of noise levels within the Specific Plan area. Measures will be developed as necessary to mitigate off-site noise impacts. Page 7 Biological Resources In April 2006, Michael Brandman Associates prepared a Biological Resources Assessment for the a 250-acre portion of the 532-acre project site. The analysis at that time examined the applicant's project and did not include the City-owned property. Lilbum Corporation staff biologist/regulatory r specialist Juan Hernandez will prepare a Biological Resources Assessment and review the entire ` Specific Plan area as follows. • Conduct a literature review of pertinent databases including the Califomia Natural Diversity Database (CNDDB), and the California Native Plant Society Database to identify species known to occur within the Specific Plan area. Species likely to inhabit the Specific Plan area C include the coast homed lizard, southern California rufous-crowned sparrow, Bell's sage sparrow, loggerhead shrike, northwestern San Diego pocket mouse, San Diego desert woodrat, and San Diego black-tailed jackrabbit. The project site is also within the known rage of the coastal California gnatcatcher (CAGN, and there is a potential or nesting birds throughout the Specific Plan area. • Conduct a field visit in selected areas of the Specific Plan area, to characterize existing conditions and to document geographic conditions that are conducive to species presence within the portions of the Specific Plan area that the master Tentative Tract Map has E identified as to be developed. This effort will not include any focused protocol surveys. • Prepare a habitat map of the Specific Plan area that will be overlaid on the Land Use map C and areas where there is overlap will bg identified. It is these areas that will be the focus of the habitat assessment. • Conduct a review of aerial photography and topographic maps and conduct a field visit to identify surface features within the Specific Plan area that may qualify as Waters of the United States and/or Waters of the State; conduct jurisdictional delineation. • Prepare a map identifying any areas that may be classified as Waters, and overlay this on the ILand Use map. Areas where there is overlap will be identified. • A Biological Resources Report will be prepared that summarizes our findings and recommends any necessary mitigation or resource agency permitting. Cultural and Paleontological Resources The City of San Bernardino identifies the project area as being within an area of archaeological sensitivity. The Michael Brandman Associates report of 2006 included a summary of a survey ` that addressed only part of the project site (some parcels not addressed and others likely t surveyed on a reconnaissance level), not a comprehensive and intensive survey level, as required for CEQA compliance. I According to the July 2006 Phase I Cultural Resources Assessment prepared by Michael Brandman Associates for the project site, a letter was submitted by the Native American Heritage Commission (NAHC) in an effort to determine whether any sacred sites were listed on Qthe project site. Although the records search failed to indicate the presence of Native American resources, the NAHC provide a list containing five organizations that may have additional Page 8 I I 4C) information regarding the project site. A total of five neighboring tribes were contacted regarding the project. • Since the project scope has changed and incorporates an additional 248 acres, a new letter shall be submitted to the NAHC to determine if any sacred sites occur within the expanded project area. Letters will be mailed to each contact recommended by the Commission soliciting any knowledge of heritage resources. • Following initiation of the SB18 compliance work for the City, McKenna et al. (McKenna) will complete a scope of work to include a review of the MBA 2006 report, an updated records search, and a refinement of these; areas still requiring an intensive survey. Details for completing this task are provided below: • A literature study to determine the existence of previously recorded cultural resources within the project boundaries plus a one-mile radius is required. Records pertaining to paleontology will be searched at the Department of Earth Sciences, San Bernardino County Museum. Supplemental research on geological mapping, formations, previous paleontological studies and online paleontological databases will also be conducted. • Records pertaining to archaeology and history will be searched at the Eastern Information Center (UC Riverside). Supplemental research will include searching for relevant information at libraries (local, Bancroft, Huntington), in Sanborn Fire Insurance Maps, in historic topographic maps and aerials and consulting with local historical societies, City of San Bernardino's Community Development Department and other sources. © • A record search for traditional cultural properties will be requested from the Native American Heritage Commission. • The technical study will synthesize all results, state significance criteria, evaluate sensitivity of all portions of the plan area, and recommend appropriate mitigation for different levels of sensitivity. Geology and Geologic Hazards C.H.J. Incorporated shall prepare an update to the existing geologic investigation report. The scope of services includes: • An initial visit to the site to observe site geology, topography and existing improvements. • Initially the applicant-provided soils and geology reports will be reviewed with respect to current standards for such reports, including those required by code and the City of San Bernardino. I • The applicant's data will be supplemented as necessary with CHJ's own research, including published maps and reports, aerial photograph review and reports in our files from the area. • In conjunction with this effort, the applicant's project grading and development plans will ® be reviewed. I Page 9 QAn update report will then be prepared. The update will include the items needed to update the i report to current standards as discussed above. Visual Impact Assessment (VIA) � Because the site is visible from certain locations along I-215, I-210, and Kendall Drive, the Caltrans guidelines for a Visual Impact Assessment (VIA) will be used by Lilburn Corporation to conduct a preliminary visual resources assessment and determine the extent of analysis required. • The Caltrans guidelines are based on answering a series of questions with a ranking system. The total score will indicate the general level of Visual:Impact Assessment that would be required by Caltrans. Once the level of recommended assessment is identified, results are compared to each of the ten-question areas to confirm that the level of document appears sufficient and reasonable in each case. • The resulting product may be a memo form report or a formal visual scoping study that meets or exceeds federal requirements and that would identify potential highly adverse impacts and consider the need to develop new project alternatives to avoid those impacts. • Lilbum Corporation has assumed, for purposes of this proposal, that a formal study will be required because of highway views and surrounding residential uses. We also assume that our baseline data will be provided by the Applicant and we will not be required to prepare terrain modeled visual simulations to support the visual impact analysis. • Lilburn Corporation will prepare a Visual Resources Assessment for the Specific Plan buildout to include impacts to nearby properties, scenic highways and vistas. The assessment will include a discussion of existing visual resources and an evaluation of the proposed project within the existing environs. The assessment can be based on one of two systems: 1) the County of San Bernardino's Scenic Resources Element, Determination of Scenic Value; or 2) the Bureau of Land Management's Visual Resource Management ' System. Photographs will be taken from various viewpoints around the site with site selection determined by the City. From those viewpoints, the Applicant will provide simulations of the site; alternatively, we could provide the simulations as an additional I task. • Viewpoints selected for presentation in the Visual Resources Assessment will be used as the base on which to photographically simulate the proposed project onto the landscape (this work would be provided by the Applicant, or alternatively could be completed by Lilburn Corporation but is not included in this Scope of Work cost estimate). The simulations will be used to evaluate the effects on the project on travelers, as well as on the any nearby properties that will be able to view residences and other structures to be built on the site. f Deliverables: Up to 6(six) hard copies and an electronic copy of each study or report prepared in Task 4. For each study, we will incorporate comments and provide a second version. Page 10 I © TASK 4: PREPARE ADMINISTRATIVE DRAFT EIR We will compile a document that meets the needs of the project and is compliant with CEQA. The Draft EIR format to be used will be determined by the City. In addition to the environmental issue analyses described above, the Draft EIR will include an Executive Summary (if requested by the City), Introduction, Project Description, Summary of Issues and Mitigation Measures, a discussion of Alternatives to the Project, Cumulative Impacts, and "Other Required CEQA Sections". Each of the previously described studies will be incorporated into the EIR and included as technical appendices. Up to ten copies of the Administrative document will be delivered to the City for review. We anticipate two rounds of review by City Staff prior to completion of the Draft EIR for public review (five copies in each round). Following completion of the review of the Administrative Draft EIR, we will meet to review and discuss all comments, and agree on the approach to revising the document. We will provide a revised Administrative document with the City's first round of comments. This will ensure that the Draft EIR responds effectively and adequately to concerns expressed by staff. The revised document will be reviewed by staff and we will meet to discuss the second round of comments and any necessary revisions. ® Meetings: Two meetings with City Staff as needed to discuss project analysis and necessary document revisions. i Deliverables: Up to ten (I0) hard copies and ten (I0) CDs of the Administrative Draft EIR for internal review. This assumes two(2) rounds of comments/revisions. TASK 5: PREPARE PUBLIC DRAFT EIR,NOA, AND NOC Finalize Draft EIR and Reproduce The Draft EIR will be completed and reproduced for public review. Upon final review of the document by City staff, we will reproduce the document for the City to begin the 45-day public review period. We will distribute the document to the State Clearinghouse and responsible agencies and provide other copies as requested to the City for their use in public distribution. Prepare Notice of Availability,Notice of Completion and Circulate Draft EIR In conjunction with assembly of the Draft EIR, we will prepare the Notice of Availability (NOA) and Notice of Completion (NOC) to accompany the Draft EIR. The City will also receive originals of the documents and an electronic copy for the website. A NOA will accompany each document that explains the intent of the review period, the process for submitting comments, and the start/end dates of the public period. We will also prepare the Notice of Completion that accompanies the 15 copies to the State Clearinghouse. Meetings: No meetings are associated with this task. Page 11 - i Deliverables: Up to 115 copies (15 paper and 100 CDs) of the Draft EIR will be printed. One unbound original of the DE1R will also be delivered to the City. An electronic version will be provided for posting on the City's website. The City will be responsible for the NOA and legal notices to the newspaper. TASK 6: REVIEW PUBLIC COMMENTS AND PREPARE RESPONSES i Following receipt of all comment letters,e-mails, and any testimony (should the City choose to hold a public hearing during the public review period) received on the Draft EIR, Lilburn Corporation will meet with the City staff to discuss the approach that will be undertaken to respond to comments and to prepare a Final EIR. All comments will be indexed, numbered, and appropriate responses will be developed. Our cost proposal is based on receiving no more than 10 different comment letters and minimal changes to the EIR. r The Response to Comments Chapter will contain each comment letter or e-mail indicating the index land reference number of the comment and a specific response to each comment will be prepared. The Response to Comments Chapter will be provided for City staff review prior to final document t preparation. If any comments warrant the development of additional data or technical analysis, direction will be f given by the City as to how it wishes Lilbum Corporation to proceed. © Meetings: Up to two(2)meetings with City staff to discuss comments and responses. Deliverables: Up to six(6) copies of the Response to Comments Chapter will be submitted to City staff for review and discussion. TASK 7: PREPARE FINAL EIR,MITIGATION MONITORING PROGRAM,AND FINDINGS Upon completion of the environmental analysis, review of the Draft EIR, and development of the responses to comments, we will prepare a Mitigation Monitoring/Reporting Program (MMRP) to include any mitigation measures identified in the Draft EIR. The MMRP will be prepared in the City's preferred format and will contain at a minimum: ❑ Description of impact to be mitigated. ❑ Mitigation measure. o Action to be taken to verify fulfillment of the measure. ❑ Identity of the agency and/or department responsible for implementing the action. ❑ Presentation of one mitigation measure per page of the MMRP. The Final EIR will consist of the Draft EIR, any revisions to the Draft EIR resulting from comments received, the MMRP and an additional chapter containing a compilation of all comments received, and responses to each comment on the Draft EIR. I; i I _. Page 12 ® Review Staff Comments/Finalize Final EIR Upon completion of an Administrative Final EIR we will submit up to five copies to City staff for review. Prepare Draft Findings of Fact and Statements of Overriding Consideration In conjunction with the preparation of the Final EIR, Lilburn Corporation will prepare a draft Findings of Fact and Statement of Overriding Considerations as necessary, for review and completion by the City Attorney. Compile Final EIR Following receipt of City staffs comments on the Administrative Final EIR, we will prepare a final y document. At the City's request, we will prepare electronic copies as needed (up to 15 hard copies and 50 CD's)of the Final EIR. Meetings: Two meetings with Staff" to review comments and responses and Final EIR, including Findings. Deliverables: Up to ten (10)copies of a Administrative Final EIR will be submitted for City staff review (anticipate two rounds). Sixty-five copies of the Final EIR will be reproduced (15 hard copies and 50 CDs). In addition, one unbound reproducible master, and an electronic version of the document will be delivered. © TASK 8: PROJECT MANAGEMENT 1 Management of the Shandin Ranch Specific Plan EIR will include on-going coordination with City staff, management of subconsultants and preparation of memos, meeting minutes and schedule updates. This task also includes meeting preparation and attendance. In order to maximize our efforts to conduct the planning and environmental evaluation and keep the EIR on the fast track, we will attend meetings with City staff on a monthly basis and as needed, at milestone intervals. Throughout the preparation of the EIR, coordination with City staff will be regularly initiated to discuss results of analyses, resolve scope of work conflicts, obtain additional information as necessary,resolve any contract administration issues, and provide schedule updates. ' Meetings: Meetings with Staff are identified throughout this Scope of Work. Project Management includes these meetings as well as up to six (6) public meetings, including the Public .Scoping Meeting and one additional Public Workshop, two Planning Commission meetings ' mid two City Council meetings.. Deliverables: Monthly status reports on the progress of the technical studies and Program EIR. I Page 13 ) ° ƒ ■) � \ ` m \ 41 , tom / _ � EXHIBIT 2 SHANDIN RANCH SPECIFIC PLAN EIR RFP RESPONDERS AND COSTS OF PROPOSED SERVICES 1. Lilburn Corporation $194,250.00 2. LSA Associates, Inc. $268,503.00 3. RBF Consulting $422,216.00 EXHIBIT 3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REQUEST FOR PROPOSALS (RFP) FOR CONSULTANT SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE SHANDIN RANCH SPECIFIC PLAN SEPTEMBER 2009 I. INTRODUCTION The City of San Bernardino requests proposals from consultants to prepare an Environmental Impact Report (EIR) pursuant to the requirements of the California Environmental Quality Act (CEQA) for the Shandin Ranch Specific Plan. The selected consultant would prepare the EIR under contract to the City. 2. PROJECT INFORMATION The Shandin Ranch Specific Plan is a plan for development of 285 single-family homes and 765 multi-family units for a total of 1,050 dwelling units in nine residential planning areas, on approximately 350 acres of a 532-acre site. The site is located generally north of I-210, east of I-215 and south of Kendall Drive, on both sides of Little Mountain Drive in the City of San Bernardino, California. Potential density bonuses for senior housing could occur within any of the residential planning areas, resulting in a potential maximum of 1,573 dwelling units on the site. The Shandin Ranch Specific Plan also provides for mixed use (commercial with multi-family) on approximately 13 acres, 11 acres of park land, 180-acres of natural open space, and an approximately 35-acre fuel modification zone. Contained within the approximately 532-acre project site are three (3) parcels of City- owned land and one (1) parcel of San Bernardino Unified School District land totaling approximately 220 acres. Of this area, approximately 38 acres is proposed to be part of the development plan. The remaining area would be utilized for open space, landscape/fuel modification buffers, constructed slope areas, or may be separated from the project site. The Shandin Ranch Specific Plan will have concurrent applications for a General Plan Amendment, master Tentative Tract Map, and possibly a development agreement that will comprise the project for evaluation in the EIR. An Initial Study (IS), including a detailed project description has been prepared by Lilbum Corporation and has been circulated for public review with a Notice of Preparation (NOP). The IS/NOP is posted on the City web site: wA,w.shcity ore (Planning Division). RFP to Prepare Shandin Ranch EIR September 2009 Page 2 of 4 3. SCOPE OF SERVICES The City requires consultant services to prepare a Draft and Final EIR, which may require additional technical studies, as noted in the Initial Study. The following are the major tasks anticipated by the City: • Review project plans, background documents and available technical studies. • Perform field work as needed to describe the existing conditions of the site and to perform the full scope of impact analysis identified in the Initial Study. • Manage and coordinate the work of sub-contractors, as needed. • Conduct a public scoping meeting. • Prepare letters for SB 18 outreach. • Attend meetings with the City staff and the applicant as needed to understand the project plans and discuss alternatives for analysis. • Prepare and distribute the Draft EIR to the State Clearinghouse, responsible agencies and City staff and others as directed by the City. • Prepare a Mitigation Monitoring/Reporting Program MM/RP • Prepare responses to comments and the Final EIR(transmit FEIR to commentors). • Prepare Facts, Findings and a Statement of Overriding Considerations, as needed. • Attend Development/Environmental Review Committee, Planning Commission and Council meetings. (A minimum of four are anticipated.) • Perform all services on behalf of and under the direction of the City, to perform an objective environmental analysis of the project. r 4. DELIVERABLES A. Sign-in sheets, comment cards and presentation for the public scoping meeting. B. 5 hard copies of an administrative (screencheck) DEIR with appendices. C. 15 hard copies and up to 100 cd copies of the DEIR and appendices. D. FEIR copies as needed, primarily cd's. E. Statement of Facts, Findings and Overriding Considerations. 5. PROPOSAL REQUIREMENTS The proposal shall consist of the following: A. Name, address, telephone, e-mail address, and FAX numbers of the responder, including designation of a senior-level project manager. B. A statement of understanding of the Shandin Hills Specific Plan proposal and the scope of work requested by the City. RFP to Prepare Shandin Ranch EIR September 2009 Page 3 of 4 C. Summary information about the responder's experience with similar projects, particularly project sites with similar topography and similar land use plans. D. A list of public agency references for the responder's EIR preparation services, with contact information. E. Resumes or qualifications of the individuals proposed to prepare the EIR. F. Statements of Qualifications (SOQ's) of any proposed subcontractors. G. A project schedule, beginning with a kickoff meeting to receive a detailed project description in the Draft Shandin Ranch Specific Plan and to verify tht� scope of work to be presented in the public scoping meeting. H. A cost proposal, itemized to illustrate assumptions regarding the level of effort required to complete tasks, including the number of meetings anticipated and the information and materials anticipated to be provided by the applicant or the City. The cost proposal should include contingency costs for time and materials, as may be needed for unanticipated meetings, preparation of graphic exhibits or other tasks not anticipated in the proposed scope of work that may be required. I. A statement of availability, indicating when the responder would be available to begin work and verifying available hours and schedule flexibility required to perform the duties described in Section 3.0. J. A statement indicating willingness and ability to meet the City's insurance, indemnification and other requirements outlined in the enclosed standard agreement for professional services, or a specific request for exceptions. K. A statement that the consultant (and any sub-contractors) does not have a conflict with the project proponents or any of their consultants/contractors. 6. SUBMITTAL DEADLINE Submit proposals by 5:00 p.m., Wednesday, September 30,2009 to: City of San Bernardino Development Services/Planning Division ATTN: Terri Rahhal, City Planner 300 N. "D" Street, 3`d floor San Bernardino, CA 92418 7. SELECTION PROCESS City staff will review all proposals, make a preliminary selection of the most qualified ® consultant that can perform the requested services in a timely manner, and will forward a RFP to Prepare Shandin Ranch E/R September 1009 Page 4 of 4 recommendation to the Mayor and Common Council to approve a professional service agreement. Staff may not interview responders, but may contact responders for additional information, or clarification of the proposals. Upon identification of the consultant to be recommended, staff will prepare a draft Agreement for Services to present to the Mayor and Common Council for approval. All responders will be informed of the preliminary selection and the scheduling of the proposed Agreement for review by the Mayor and Common Council. The project proponent will be consulted on the preliminary selection, and the City has a policy of preference for local consultants. 8. CITY RESPONSIBILITIES The City Planning Division will be responsible for administration of the planning process for review of the Shandin Ranch Specific Plan and the environmental documents. The City will do the following: • Prepare, advertise and mail all public hearing notices. • Place newspaper ads regarding the scoping meeting and the NOC/NOA, and Planning Commission and Mayor and Common Council public hearings. • Post DEIR and FEIR documents on the City web page. • Distribute the DEIR and FEIR for review by staff, the D/ERC, the Planning Commission and the Mayor and Common Council. • Post public review copies of documents at the City Planning counter&public library. 9. GENERAL PROVISIONS This Request for Proposals does not commit the City to award a contract or to pay any costs incurred in the preparation of a proposal in response to this request. This RFP is not a contract or commitment of any kind. All proposals in response to this RFP will become the property of the City and may be used by the City in any way the City deems appropriate. The City reserves the right to accept or reject, in part or in its entirety, the proposal if such action is deemed to be in the best interest of the City. 10. ADDITIONAL INFORMATION The City General Plan and Development Code and the General Plan EIR are available for review at the Development Services public counter, and are also posted on-line at: www.sbcit ore . Follow the link to the Planning Division. Enclosure: Standard City of San Bernardino Agreement for Professional Services �r